Miami-Dade Legislative Item
File Number: 192333
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File Number: 192333 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1094-19 Control:
File Name: REGULATION OF DISPOSABLE PLASTIC BAGS Introduced: 9/20/2019
Requester: NONE Cost: Final Action: 10/3/2019
Agenda Date: 10/3/2019 Agenda Item Number: 11A24
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO REPEAL FLORIDA LAWS THAT PREEMPT LOCAL GOVERNMENTS FROM REGULATING THE USE AND SALE OF DISPOSABLE PLASTIC BAGS AND POLYSTYRENE PRODUCTS
Indexes: URGING
Sponsors: Daniella Levine Cava, Prime Sponsor
  Eileen Higgins, Co-Sponsor
  Sally A. Heyman, 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 10/3/2019 11A24 Adopted P

County Attorney 9/20/2019 Assigned Melanie J. Spencer 9/20/2019

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO REPEAL FLORIDA LAWS THAT PREEMPT LOCAL GOVERNMENTS FROM REGULATING THE USE AND SALE OF DISPOSABLE PLASTIC BAGS AND POLYSTYRENE PRODUCTS

BODY
WHEREAS, polystyrene is a petroleum-based plastic, most commonly known under the name of “Styrofoam,” which is the proprietary trade name of polystyrene foam products; and
WHEREAS, polystyrene products are a principle component of urban litter and marine debris; and
WHEREAS, polystyrene is notorious for breaking up into pieces that clog stormwater pipes and is ingested by wildlife, and is an unsightly nuisance negatively impacting our tourism-dependent economy; and
WHEREAS, during the 2016 session, the Florida Legislature enacted section 500.90, Florida Statutes, preempting the regulation of the use or sale of polystyrene products by local ordinances; and
WHEREAS, on June 7, 2016, this Board passed Ordinance No. 16-58, banning the use or sale of polystyrene in County parks as section 500.90, Florida Statutes allows for the regulation of polystyrene in very limited circumstances, such as at a County park; and
WHEREAS, plastic bags are considered a hazard as marine animals such as sea turtles mistake them for food; and
WHEREAS, plastic bags also clog up stormwater systems, contributing to localized flooding, litters our parks and beaches, get trapped in tree limbs in residential landscaping degrading neighborhood aesthetics; and
WHEREAS, in 2008, the Florida Legislature enacted section 403.7033, Florida Statutes prohibiting local governments from enacting any rule regulation, or ordinance regarding use, disposition, sale, prohibition, restriction or tax of “. . . auxiliary containers, wrappings, or disposable plastic bags”; and
WHEREAS, in 2019, Governor Ron DeSantis vetoed HB 771, which included among other provisions, a similar preemption that would have prohibited local governments from banning plastic straws, stating “these measures have not, as far as I can tell, frustrated any state policy or harmed the state's interests,”; and
WHEREAS, this Board agrees that these limitations also serve no compelling statewide interest and impede local government efforts to improve the quality of life of County residents; and
WHEREAS, local regulation of disposable plastic bags and disposable polystyrene products is currently preempted by state law,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to repeal Florida laws that preempt local governments from regulating the use and sale of disposable plastic bags and polystyrene products.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to the Senate President, House Speaker, and the Chair and the Members of the Miami-Dade County State Legislative Delegation.
Section 3. Directs the County’s state lobbyists to advocate for the action described in Section 1, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2020 State Legislative Package to include this item in the 2020 State Legislative Package.



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