R7G-Support Local Regulation-Enforcement Of Plastic Bags Under States GuidelineMIAMIBEACH
City of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor Philip Levine and Members of the City Commission
Commissioner Michael Grieco
October 22,2014
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, SUPPORTING THE STATE LEGISLATURE'S EFFORTS
TO AMEND SECTION 403.7033, UNDER HOUSE B'LL 1257 AND COMPANION
SENATE BILL 830, WHICH AMENDMENTS WOULD PROVIDE FOR LOCAL
REGULATION AND ENFORCEMENT OF PLASTIC BAGS UNDER THE STATE'S
PROPOSED GUIDELINES; ALTERNATIVELY, SHOULD THE STATUTE NOT BE
AMENDED, THE CITY COMMISSION REQUESTS THE REPEAL OF SECTION
403.7033, FLORIDA STATUTES, SO THAT LOCAL GOVERNMENTS ARE NO
LONGER PREEMPTED FROM ENACTING APPROPRIATE LEGISLATION
RELATING TO THE REGULATION OF PLASTIC BAGS.
The City is extremely active and diligent in the efforts to preserve the beautiful
environment that supports the tourism industry which is so vital to the economy of the City,
Miami-Dade County and the State of Florida. As we are all aware, the use of plastic bags are
detrimental to our community because they do not fully degrade in our oceans or land
environment and they introduce unsafe chemicals into our environment. Further, plastic bags
create the potential for death of (land) and marine animals through entanglement and ingestion.
Moreover, the expansive usage of single-use shopping bags and their typical disposal
rates creates an impediment to the City's waste reduction and recycling goals while creating
unsightly litter. The continued utilization of the single-use plastic bags are difficult to recycle and
frequently contaminate material that is processed through the City's curbside recycling and
composting programs. Reusable bags are considered to be the best option to reduce waste
and litter, protect wildlife and conserve resources.
Based upon the foregoing, it is in the public interest for the City Commission to
encourage and enable the location of a viable reusable bag manufacturing operation in the
State of Florida, and the Florida Legislature to provide statewide deregulation of the proliferation
of single-use shopping bags.
The Florida Legislature under "The Energy, Climate Change, and Economic Security Act
of 2008", enacted House Bill 7135, creating Section 403.7033, Florida Statutes, which requires
the Florida Department of Environmental Protection (DEP) to perform an analysis and submit a
report to the Legislature by February 1, 2010 regarding the necessity and efficacy of both
statewide and local regulation of bags used by consumers to carry products from retail
establishments. The statute also provides that until such time that the Legislature adopts the
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Revisrbns to 403.7033, F.5., Resolution
Page 2 of 2
recommendations of DEP, no local or state government may enact any regulation or tax on the
use of such retail bags. The DEP analysis determined a need for new or different regulations of
bags used by customers to carry products from retail establishments and recommend the
implementation of new standards requiring the prohibition of plastic carryout bags encourages
the use of reusable bags is to the benefit of the State's environment.
This year House Bill 1257 was proposed in the state legislature, along with companion
Senate Bill 830, which bills propose: an amendment to Section 403.7033; which would provide
legislative findings; deleting obsolete provisions; create definitions; create statewide standards
for reusable bags and recyclable paper bags for stores located within a county or municipality
that adopts ordinances pursuant to the statute; would require affected stores to charge
customers a fee for each recyclable paper bag provided; would prohibit affected stores from
providing plastic carryout bags or other types of bags; would provide for the allocation of fees
collected, reporting requirements for affected stores; and authorizing local governments to
impose a penalty and create ordinances to regulate the use of carryout bags to adopt
ordinances pursuant to the statute. Through the proposed bills, the Legislature has indicated a
legislative belief that it is necessary and appropriate to adopt uniform statewide standards
prohibiting the use of plastic carryout bags, which would authorize local governments to adopt
these regulation by local ordinance. The bill is being amended and has not been enacted
I encourage the Mayor and City Commission to support me in the the effort to petition
the legislature to amend Section 403.7033, under both House Bill 1257 and the companion
Senate Bill 830; and support the enactment of the bills, and, alternatively, requests that Section
403.7033, Florida Statutes, be repealed, so that the City of Miami beach and other local
governments can enact appropriate legislation relating to the regulation of plastic bags.
489
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SUPPORTING THE STATE LEGISLATURE'S
EFFORTS TO AMEND SECTION 403.7033, UNDER HOUSE BILL 1257 AND
COMPANION SENATE BILL 830, WHICH AMENDMENTS WOULD PROVIDE
FOR LOCAL REGULATION AND ENFORCEMENT OF PLASTIC BAGS
UNDER THE STATE,S PROPOSED GUIDEL!NES; ALTERNATIVELY,
SHOULD THE STATUTE NOT BE AMENDED, THE CITY COMMISSION
REQUESTS THE REPEAL OF SECTION 403.7033, FLORIDA STATUTES, SO
THAT LOCAL GOVERNMENTS ARE NO LONGER PREEMPTED FROM
ENACTING APPROPRIATE LEGISLATION RELATING TO THE REGULATION
OF PLASTIC BAGS.
WHEREAS, the City Commission of the City of Miami Beach is diligent in
its efforts to preserve the beautiful environment that supports the tourism industry
which is so vital to the economy of the City, Miami-Dade County and the State of
Florida; and
WHEREAS, plastic bags are detrimental because they do not fully
degrade in our oceans or land environment and they introduce unsafe chemicals
into our environment; and
WHEREAS, plastic bags create the potential for death of (land) and
marine animals through entanglement and ingestion; and
WHEREAS, the expansive usage of single-use shopping bags and their
typical disposal rates creates an impediment to the City's waste reduction and
recycling goals while creating unsightly litter; and
WHEREAS, single-use plastic bags are difficult to recycle and frequently
contaminate material that is processed through the City's curbside recycling and
composting programs; and
WHEREAS, reusable bags are considered to be the best option to reduce
waste and litter, protect wildlife and conserve resources; and
WHEREAS, Commission acknowledges that some businesses have
taken affirmative steps to accomplish this goal and recognizes their proactive
efforts; and
WHEREAS, it is in the public interest for the Commission to encourage
and enable the location of a viable reusable bag manufacturing operation in the
State of Florida; and
WHEREAS, it is in the public interest for the Florida Legislature to provide
statewide deregulation of the proliferation of single-use shopping bags; and
490
WHEREAS, the Florida Legislature under "The Energy, Climate Change,
and Economic Security Act of 2008", enacted House Bill 7135, creating Section
403.7033, Florida Statutes; and
WHEREAS, Section 403.7033 requires the Florida Department of
Environmental Protection (DEP)to perform an analysis and submit a report to the
Legislature by February 1,2010 regarding the necessity and efficacy of both
statewide and local regulation of bags used by consumers to carry products from
retail establishments; and
WHEREAS, the statute also provides that until such time that the
Legislature adopts the recommendations of DEP, no local or state government
may enact any regulation or tax on the use of such retail bags; and
WHEREAS, the DEP analysis determined a need for new or different
regulations of bags used by customers to carry products from retail
establishments and recommend the implementation of new standards requiring
the prohibition of plastic carryout bags encourages the use of reusable bags is to
the benefit of the State's environment; and
WHEREAS, this year House Bill 1257 was proposed in the state
legislature, along with companion Senate Bill 830, which bills propose: an
amendment to Section 403.7033; which would provide legislative findings;
deleting obsolete provisions; create definitions; create statewide standards for
reusable bags and recyclable paper bags for stores located within a county or
municipality that adopts ordinances pursuant to the statute; would require
affected stores to charge customers a fee for each recyclable paper bag
provided; would prohibit affected stores from providing plastic carryout bags or
other types of bags; would provide for the allocation of fees collected, reporting
requirements for affected stores; and authorizing local governments to impose a
penalty and create ordinances to regulate the use of carryout bags to adopt
ordinances pursuant to the statute; and
WHEREAS, through the proposed bills, the Legislature has indicated a
legislative belief that it is necessary and appropriate to adopt uniform statewide
standards prohibiting the use of plastic carryout bags, which would authorize
local governments to adopt these regulation by local ordinance; and
WHEREAS, the bill is being amended and has not been enacted; and
WHEREAS, the City Commission supports the efforts to amend Section
403.7033, under House Bil 1257 and companion Senate Bill 830 and supports
the enactment of the bills, and, alternatively, requests that Section 403.7033,
Florida Statutes, be repealed, so that local government can enact appropriate
legislation relating to the regulation of plastic bags.
491
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 support the State Legislature's efforts to amend Section
403.7033, under House Bill 1257 and companion Senate Bill 830, which
amendments would provide for local regulation and enforcement of plastic bags
under the State's proposed guidelines; and, alternatively, should the legislation
not be enacted, the City Commission requests that the State Legislature repeal
Section 403.7033, Florida Statutes, so that local governments are no longer
preempted from enacting appropriate legislation relating to the regulation of
plastic bags.
PASSED AND ADOPTED this _ day of
ATTEST:
Rafael Granado, City Clerk
2014.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
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