Resolution 2019-30968 RESOLUTION NO. 2019-30968
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
REPEAL SECTIONS 403.708, 403.7033, AND 500.90 OF THE FLORIDA
STATUTES, AND REJECT ANY OTHER STATUTES THAT INHIBIT A LOCAL
GOVERNMENT'S ABILITY TO REGULATE EXPANDED POLYSTYRENE OR
SINGLE-USE PLASTIC BAGS; REQUESTING THE SUPPORT OF GOVERNOR
RON DESANTIS IN THOSE EFFORTS; AND DIRECTING THE CITY CLERK TO
SEND A COPY OF THIS RESOLUTION TO THE MEMBERS OF THE
COMMISSION OF MIAMI-DADE COUNTY, FLORIDA LEAGUE OF CITIES, INC.,
GOVERNOR RON DESANTIS, AND TO ALL MEMBERS OF THE SOUTH
FLORIDA LEGISLATIVE DELEGATION.
WHEREAS, expanded polystyrene, a petroleum by-product commonly known as
Styrofoam, is neither readily recyclable nor biodegradable and can take thousands of
years to degrade in the environment; and
WHEREAS, products made from expanded polystyrene have little value, are not
accepted in single stream recycling facilities, and cause serious harm and death to wildlife;
and
WHEREAS, acknowledging the significant harmful effects of expanded
polystyrene on the environment and finding the regulation of expanded polystyrene
necessary for the preservation of our environment and the public health, safety, and
welfare of City of Miami Beach residents and visitors, the City began the process of
regulating this product in 2014; and
WHEREAS, on July 23, 2014, to address significant environmental concerns
related to polystyrene, and consistent with the Home Rule powers guaranteed to the City
by the Miami-Dade Home Rule Charter and the Florida Constitution, the City Commission
adopted Ordinance 2014-3884, which prohibited: (1) city vendors/contractors from, selling
or using expanded polystyrene within the City or in completing their duties under contract
with the City, (2) special event permittees from using expanded polystyrene articles during
events, (3) sidewalk cafes from using expanded polystyrene articles on the public-right-
of-way, and (4) the public from using expanded polystyrene products in City parks; and
WHEREAS, on September 2, 2015, the City adopted Ordinance No. 2015-3962,
which generally prohibited the sale or use of expanded polystyrene food service articles
by food service providers and stores in the City; and
WHEREAS, the City was not alone in its efforts to regulate polystyrene products -
on December 8, 2015, the City of Coral Gables("Coral Gables") adopted Ordinance 2016-
08, which prohibited: (1) city vendors/contractors from, selling or using expanded
polystyrene within Coral Gables or in completing their duties under contract with the city,
(2) special event permittees from using expanded polystyrene articles during events, and
(3) generally prohibits the sale or use of expanded polystyrene by businesses in Coral
Gables; and
WHEREAS, on July 18, 2016, the Florida Retail Federation, Inc. and Super
Progresso, Inc. ("Plaintiffs") sued Coral Gables for declaratory judgment and injunctive
relief, seeking a declaration that its Ordinance 2016-08 was invalid as preempted by
Section 500.90, F.S; and
WHEREAS, Coral Gables prevailed in the suit, and on February 27, 2017, Judge
Cueto of the Eleventh Judicial Circuit found that Section 500.90, F.S., Sections 403.708(9)
and 403.7033, F.S. were unconstitutional and thus unenforceable against the City of Coral
Gables; and
WHEREAS, as a result of the Court's ruling on Sections 403.708(9) and 403.7033
(finding the preemption of single-use plastic bags unconstitutional), Coral Gables adopted
Ordinance 2017-13 to combat the harmful environmental effects of single use plastic bags;
and
WHEREAS, like polystyrene, single-use plastic bags are detrimental because they
do not fully degrade and create the potential for death of land and marine animals through
entanglement and ingestion; and
WHEREAS, on March 10, 2017, Plaintiffs appealed the Circuit Court's order and
on March 13, 2017, the State of Florida joined Plaintiffs in the appeal; and
WHEREAS, nearly 2. 1/2 years later, after successful enforcement of the City's
ordinances with the support of both residents and the business community, the Third
District Court of Appeal found that the trial court erred in concluding that the three statutes
are unconstitutional and reversed the lower court's ruling on August 14, 2019; and
WHEREAS, despite the appellate court's ruling, Miami Beach, along with the City
of Coral Gables and several other municipalities, remains wholly committed to protecting
the environment and Home Rule, and urges the Florida Legislature to eliminate Sections
403.708, 403.7033, and 500.90 of the Florida Statutes and any other preemption statutes
that inhibit a local government's ability to regulate expanded polystyrene and/or plastic
bags; and
WHEREAS, the City also requests the support of Governor Ron DeSantis, who
has demonstrated respect for both the environment and Home Rule through his recent
veto of HB 771, wherein the Legislature attempted to preempt local regulations on single-
use plastic straws; and
WHEREAS, in his letter to Secretary of State, Laurel M. Lee, withholding his
approval and vetoing HB 771, Governor DeSantis said "[a] number of Florida
municipalities, including Sanibel, Ft. Meyers Beach and Miami Beach, have enacted
ordinances prohibiting single-use plastic straws. These measures have not, as far as I can
tell, frustrated any state policy or harmed the state's interest. In fact, the Florida
Department of Environmental Protection has encouraged Florida residents, schools and
businesses to reduce plastic straw use. Under these circumstances, the State should
simply allow local communities to address this issue through the political process. Citizens
who oppose plastic straw ordinances can seek recourse by electing people who share
their views;" and
WHEREAS, the local regulation of expanded polystyrene and plastic bags is as
important and necessary as the regulation of plastic straws and the City of Miami Beach
asks Governor DeSantis to support Home Rule and local efforts to regulate expanded
polystyrene and single-use plastic bags.
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 urge the Florida Legislature to repeal Sections 403.708, 403.7033, and
500.90 of the Florida Statutes, and reject any other statutes that inhibit a local government's ability
to regulate expanded polystyrene or single-use plastic bags; request the support of Governor Ron
DeSanctis in those efforts; and direct the City Clerk to send a copy of this Resolution to the
members of the Miami-Dade County Commission, Florida League of Cities, Inc., Governor Ron
DeSantis, and to all members of the South Florida Legislative Delegation.
PASSED AND ADOPTED this /1 day of 57/9/6064%.,2e -,-.-
ATTEST:
=-ATTEST:
Dan Gelber, Mayor
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Rafa I E. anado, ity Clerk
(Sponsored by Mayor Dan Gelber)
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APPROVED AS TO
FORM & LANGUAGE
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COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: September 11, 2019
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL SECTIONS 403.708, 403.7033,
AND 500.90 OF THE FLORIDA STATUTES, AND REJECT ANY OTHER STATUTES THAT
INHIBIT A LOCAL GOVERNMENT'S ABILITY TO REGULATE EXPANDED POLYSTYRENE OR
SINGLE-USE PLASTIC BAGS; REQUESTING THE SUPPORT OF GOVERNOR RON
DESANTIS IN THOSE EFFORTS;AND DIRECTING THE CITY CLERK TO SEND A COPY OF
THIS RESOLUTION TO THE MEMBERS OF THE COMMISSION OF MIAMI-DADE COUNTY,
FLORIDA LEAGUE OF CITIES, INC., GOVERNOR RON DESANTIS, AND TO ALL MEMBERS
OF THE SOUTH FLORIDA LEGISLATIVE DELEGATION.
RECOMMENDATION
Pursuant to the request of Mayor Dan Gelber, the above-referenced Resolution is submitted for consideration by the City
Commission at the September 11,2019 Commission meeting.
Applicable Area
Not Applicable
Is this aResidentRight to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
o Resolution