Legislative Matter

Miami-Dade Legislative Item
File Number: 191159

Printable PDF Format

Clerk's Official Copy

File Number: 191159

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-621-19

Control: Health Care and County Operations Committee

File Name: USE OF HERBICIDES BY THE COUNTY

Introduced: 4/26/2019

Requester: NONE

Cost:

Final Action: 6/4/2019

Agenda Date: 6/4/2019

Agenda Item Number: 11A13

Notes:

Title:

RESOLUTION RELATED TO THE USE OF HERBICIDES BY THE COUNTY; ESTABLISHING COUNTY POLICY; PROHIBITING THE USE OF PRODUCTS CONTAINING GLYPHOSATE BY THE COUNTY OR BY COUNTY CONTRACTORS

Indexes:

HERBICIDES

Sponsors:	Barbara J. Jordan, Prime Sponsor
	Daniella Levine Cava, Co-Sponsor
	Eileen Higgins, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	6/4/2019	11A13	Adopted				P

Health Care and County Operations Committee	5/16/2019	2C	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Eduardo Gonzalez advised Commissioner Levine Cava requested to be a co-sponsor of the foregoing proposed resolution. Vice Chairman Suarez advised Agenda Items 2C and 2D were being considered simultaneously. In response to Commissioner Bovo’s questions regarding the economic impact of the foregoing proposed resolution, Mr. Charles LaPradd, Agricultural Manager, Department of Regulatory and Economic Resources, said he was not involved with the proposed resolution; however, glyphosate was in question worldwide through the United Nations listing it as a possible carcinogen. He noted this item would likely affect the Public Works Department, and the Parks, Recreation and Open Spaces Department. Mr. LaPradd said the County did not oversee farming businesses, but leased land to farmers, and expressed his hope that this issue would not affect their general practices. Commissioner Bovo requested that additional information be provided at the Board of County Commissioners’ meeting regarding the economic impact of this proposal and to determine whether substitute products of similar costs were available. Vice Chairman Suarez concurred with Commissioner Bovo and asked that the requested report be provided before the Board acted on this item. Commissioner Souto explained he would vote in support of the proposed resolution as glyphosate was considered a potential carcinogen which causes cancer. There being no other questions or comments, the Committee proceeded to vote on Agenda Items 2C and 2D, as presented.

County Attorney	4/26/2019		Assigned	Abbie N. Schwaderer		4/29/2019

County Attorney	4/26/2019		Referred	Health Care and County Operations Committee	5/16/2019

Legislative Text

TITLE
RESOLUTION RELATED TO THE USE OF HERBICIDES BY THE COUNTY; ESTABLISHING COUNTY POLICY; PROHIBITING THE USE OF PRODUCTS CONTAINING GLYPHOSATE BY THE COUNTY OR BY COUNTY CONTRACTORS

BODY
WHEREAS, glyphosate is an herbicide that is commonly used as a weed-killer, and it is applied to the leaves to plants to kill broadleaf plants and grasses; and
WHEREAS, glyphosate is the active ingredient in commonly-used products such as RoundUp; and
WHEREAS, the World Health Organization�s International Agency for Research on Cancer has classified glyphosate as �probably carcinogenic to humans;� and
WHEREAS, RoundUp in particular has been the subject of multiple lawsuits around the United States, alleging that exposure to glyphosate is associated with increased instances of cancer; and
WHEREAS, in one recent lawsuit in California, a jury awarded a multi-million dollar judgment to a former school groundskeeper who had been diagnosed with cancer, and the jury also awarded millions of dollars in punitive damages against the maker of RoundUp; and
WHEREAS, although the use of glyphosate has not been prohibited by the federal or state government, in an abundance of caution, the Board of County Commissioners wishes to prohibit the use of products containing glyphosate by the County and by County contractors,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby establishes a County policy to prohibit the use of products containing glyphosate, including but not limited to RoundUp, by the County and by County contractors. This policy shall not affect the current term of existing contracts. For all contract extensions, contract renewals and new contracts, the County Mayor or County Mayor�s designee is directed to include specific language in all such contracts to prohibit the use of products containing glyphosate, including language indicating that any post-contract violations of this resolution or any of the foregoing provisions may, at the County�s sole discretion, be considered a breach of the agreement and render the contract voidable.