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Resolution 2019-30709 RESOLUTION NO. 2019-30709 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 588 (SB 588) AND FLORIDA HOUSE BILL 603 (HB 603), WHICH PREEMPT THE REGULATION OF SINGLE- USE STRAWS TO THE STATE OF FLORIDA. WHEREAS, as an environmental leader among local governments in the State of Florida, the City of Miami Beach passed Ordinance No. 2018-4208 on July 25, 2018, which further strengthened the City's litter laws and prohibited the use of single-use plastic beverage straws and single-use plastic stirrers in City parks, and on City beaches, marinas, piers, docks, and boat ramps; and WHEREAS, in addition, City Ordinance No. 2018-4208 prohibited the use of single-use plastic beverage straws and stirrers by City contractors and special event permittees in City facilities and on City properties, and the use of such single-use plastic straws and stirrers by sidewalk cafes on the public right-of-way; and WHEREAS, in the 2019 Florida Legislative session, two identical Bills have been filed, SB 588 and HB 603, which expressly preempt the regulation of single-use plastic straws to the State of Florida; and WHEREAS, while SB 588 and HB 603 provide regulations for single-use plastic straws, such regulations are very limited and permit the distribution of such straws by food service establishments if requested by a customer; moreover, these Bills set forth many exceptions that allow single-use plastic straw distribution, including for take-out orders, off-premises deliveries, and orders placed via a digital or mobile application; and WHEREAS, plastic straws are a non-biodegradable and non-recyclable source of litter, they pose a hazard to birds, sea turtles, and other wildlife, and they are not able to be effectively removed from beaches by sand sifting and cleaning equipment; and WHEREAS, to enable local governments to properly and comprehensively address the litter and environmental concerns posed by single-use plastic straws, SB 588 and HB 603 should not be adopted. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby oppose Florida Senate Bill 588 and Florida House Bill 603, which preempt the regulation of single-use straws to the State of Florida. PASSED AND ADOPTED this 13th day of Februar i19. ATTEST: . m -1 , � I er Mayor Rafael . Granado, City CI k 19_�`� ' � � APPROVED AS TO •(Sponsored by Vice-Mayor Michael crivtgor • FORM & LANGUAGE y =I ,ORP ORATED.= 1'� &FO EX CUTION r`r 1 ;7 ' A44'414'%1126'....• .A O', City Attorney Date ` Shy,. Resolutions - C7 P MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: February 13, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING FLORIDA SENATE BILL 588 (SB 588)AND FLORIDA HOUSE BILL 603 (HB 603), WHICH WOULD PREEMPT . THE REGULATION OF SINGLE-USE STRAWS TO THE STATE. RECOMMENDATION Pursuant to the request of Vice-Mayor Michael Gongora, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 13, 2019 Commission meeting. The Resolution will be provided via the Supplemental Agenda. Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Michael Gongora Page 404 of 911