LTC 091-2020 City of Coral Gables vs. Florida Retail Federation, et. al, Fla. Sup. Ct. case# 19-1798 MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
LTC No. 091-2020
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorney .eev,
DATE: February 18, 2020
SUBJECT: City of Coral Gables vs. Florida Retail Federation, et. al,
Fla. Sup. Ct. case#19-1798
As City Attorney,I regret having to inform you that another disappointing blow to municipal home
rule occurred today. This morning, the Florida Supreme Court entered its Order declining to accept
jurisdiction in City of Coral Gables vs. Florida Retail Federation, et. al, which you recall dealt with Coral
Gables' prohibition of the sale or use of polystyrene (commonly referred to as Styrofoam) containers' in
the face of statutes'which purportedly preempted such municipal regulation.
Presented with a legal challenge led by the Florida Retail Federation, Coral Gables' laws were
originally upheld by the Lower Court based upon its finding that the subject statutes did not have preemptive
effect and were unconstitutional. This decision was, however, subsequently reversed by the Third District
Court of Appeal' which expressly declared said statutes valid and finding they preempted local regulation
of polystyrene. Coral Gables'attempt to obtain Florida Supreme Court review of the District Court decision
was denied,as reflected by today's Order'(See Exhibit"A"hereto).
The Coral Gables' case represents yet one more situation in which Florida municipalities' right to
regulate matters that should be uniquely subject to local control have been undermined by statutes that
effectively negate a city's constitutional home rule authority.
RJA/mmm
On February 9, 2016, the City of Coral Gables enacted its Ordinance prohibiting the sale or use of (1)
polystyrene containers by City vendors or contractors within the City or in performing their duties under a City
contract;(2)polystyrene articles by special event permittees in City facilities;and(3)polystyrene"food service
articles"by food service providers and stores within the City.
2 Florida Statutes, sections 500.90, 403.7033, and 403.708(9). (Note: The City of Miami Beach's law
restricting the use of polystyrene remains lawful and valid,having been grandfathered in per Fla. Stat. section
500.90.)
3 Pursuant to City Commission direction, my Office filed Amicus brief supporting Coral Gables' home rule
authority to enact its subject ordinances.
4 The Supreme Court further expressed finality by stating that no Motion for Rehearing would be entertained,
effectively concluding this case.
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Filing # 103183335 E-Filed 02/12/2020 11:44:52 AM
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WEDNESDAY, FEBRUARY 12, 2020
CASE NO.: SC19-1798
Lower Tribunal No(s).:
3D17-562;
132016CA018370000001
THE CITY OF CORAL GABLES, vs. FLORIDA RETAIL FEDERATION,
FLORIDA INC., ET AL.
Petitioner(s) Respondent(s)
This cause having heretofore been submitted to the Court on jurisdictional
briefs and portions of the record deemed necessary to reflect jurisdiction under
Article V, Section 3(b), Florida Constitution, and the Court having determined that
it should decline to accept jurisdiction, it is ordered that the petition for review is
denied.
No motion for rehearing will be entertained by the Court. See Fla. R. App.
P. 9.330(d)(2).
CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUNIZ, JJ.,
concur.
A True Copy
Test:
John A. Tomasino WI IC
;
Clerk. Supreme Courtr rAo`o
db
Served:
CORALI LOPEZ-CASTRO
MIRIAM SOLER RAMOS
CASE NO.: SC 19-1798
Page Two
CLAUDIO RIEDI
AMIT AGARWAL
DEXTER W. LEHTINEN
RAUL J. AGUILA
KELLY J. COX
BONNIE A. MALLOY
AMANDA HAND
RACHEL SULLIVAN
MINDY Y. KUBS
JONATHAN L. WILLIAMS
JEAN K. OLIN
NICHOLAS KALLERGIS
CHRISTOPHER J. BAUM
HON. JORGE ENRIQUE CUETO, JUDGE
HON. HARVEY RUVIN, CLERK
HON. MERCEDES M. PRIETO, CLERK