Item K1Meeting Date: April 15, 2015 Division: Counq Commission
Bulk Item: Yes — No X Department: County Commissil
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which, if passed, would allow certain municipalities to establish pilot programs for the regulation or
ban of disposable plastic bags. The bills have been filed in this year's Florida legislative session -
Senate Bill SB966 and companion House Bill HB661 that pertain to "Disposable Plastic Bags".
Session ends May Ist. 2015.
These bills would grant local municipalities and counties the right to control and enact their own
legislation on plastic bags so that they can run a pilot program, gather statistics and determine if the
program is effective in plastic bag reduction. At the moment the State of Florida prohibits any local
municipalities from charging or enacting any 'tax' on plastic bags.
More than 33,000 jobs in the Florida Keys are supported by ocean recreation and tourism, accountinip
for 58 percent of the local economy and $2.3 billion in annual sales.
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http://sanctuaries.noaa.gov/science/socioeconomic/pdfs/fl�-final.pdf
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*'verall, the State of Florida has a $65 billion annual tourism industry that is linked to the state's
natural resources. See http://www.visitflorida.orgltools-resources/research/.
Disposable plastic bags contribute to litter, clog storm drains, are a burden on public works
departments, become marine debris, affect water quality, are a nuisance to storm -water treatment
systems, create freshwater and ocean pollution and can cause lost revenue where communities have
tourism -dependent economies - including the Florida Keys.
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There is no fiscal impact associated with the approval of this resolution. Investments in community
sustainability are expected to provide long-term cost benefits to the region.
TOTAL t` J INDIRECT COST:BUDGETED:
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 1OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA
Revised 7/09
' 1 1 1 I � 1•' 1 1 1
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WHEREAS, Monroe County is diligent in its efforts to preserve the beautiful environment that
supports the tourism industry which is so vital to the economy of Monroe 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 County'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 County'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, the Board of County Commissioners for Monroe County 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 Board of County Commissioners for Monroe
County 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
WHEREAS, if the State does not act to regulate the proliferation of single -use shopping bags the
Board of County Commissioners for Monroe County would like to potentially enact regulations
governing the use of plastic checkout bags;
1 ' f' � 1 M�• I 1 1
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SECTION 1. Monroe County is committed to the long-term goal of reducing the harms of
plastic pollution on our fragile environment and committed to ensuring a thriving, attractive and safe
environment for current and future residents and tourists.
SECTION 2. Monroe County does hereby support initiatives to lessen the
negative impact of single -use plastic bags specifically, and supports the promotion of reusable
shopping bags as the best alternative to single -use plastic or single -use paper bags.
SECTION 3. Monroe County supports the State Legislature's action to allow local
municipalities in the State of Florida to regulate their own local communities in an effort to
alleviate the harms cause by single -use shopping bags; and, therefore, Monroe County opposes any
statewide preemption on local efforts to determine the best course of action with regards to
protection of the local environment and tourism economy.
'r,ASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
-egular meeting of said board held on the 15"' day of April, 2015.
Mayor Danny L. Kolhage, District I
Commissioner George Neugent, District 2
Commissioner Heather Carruthers, District 3
Commissioner David Rice, District 4
Commissioner Sylvia Murphy, District 5
(Seal)
Attest: Amy Heavilin, Clerk BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA
B y:
Deputy Clerk
Mayor Danny L. Kolhage
BACKUP FOR:
A RESOLUTION OF THE BOARD OF C
COMMISSIONERS OF MONROE COUNTY, FL
SUPPORTING THE INITIATIVES BY
GOVERNMENTS IN FLORIDA TO LESSEN
NEGATIVE IMPACT OF SINGLE -USE PLASTIC
ON OUR ENVIRONMENT.
OUNTY
ORIDA,
LOCAL
THE
BAGS
Florida Senate - 2015 SB 966
By Senator Bullard
39-00151A-15 2015966
1 A bill to be entitled
2 An act relating to disposable plastic bags; creating
3 s. 403.70325, F.S.; authorizing certain municipalities
4 to establish pilot programs for the regulation or ban
5 of disposable plastic bags; providing program
6 criteria; providing for expiration of the program;
7 directing participating municipalities to collect data
8 and submit reports to the municipal governing body and
9 the Department of Environmental Protection;
10 authorizing municipalities to continue such regulation
11 or ban after the program expires under certain
12 conditions; republishing s. 403.7033, F.S.; providing
13 an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 403.70325, Florida Statutes, is created
18 to read:
19 403. 325 Munisi al ilo ronPram -for Pulation or ban of
20 disoosable lastic ba s.—
r.
r
r
r-
t
K
40
41
42
43
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46
47
48
49
s0
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52
53
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hMs
not ith tandin s- 403s7033.
Section 2. Section 403.7033, Florida Statutes, is
republished to read:
403.7033 Departmental analysis of particular recyclable
materials. —The Legislature finds that prudent regulation of
recyclable materials is crucial to the ongoing welfare of
Florida's ecology and economy. As such, the Department of
Environmental Protection shall undertake an analysis of the need
for new or different regulation of auxiliary containers,
wrappings, or disposable plastic bags used by consumers to carry
products from retail establishments. The analysis shall include
input from state and local government agencies, stakeholders,
private businesses, and citizens, and shall evaluate the
efficacy and necessity of both statewide and local regulation of
these materials. To ensure consistent and effective
implementation, the department shall submit a report with
conclusions and recommendations to the Legislature no later than
February 1, 2010. Until such time that the Legislature adopts
the recommendations of the department, no local government,
local governmental agency, or state government agency may enact
any rule, regulation, or ordinance regarding use, disposition,
sale, prohibition, restriction, or tax of such auxiliary
containers, wrappings, or disposable plastic bags.
Section 3. This act shall take effect upon becoming a law.
F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
KOW,
1
A bill to be entitled
2
An act relating to disposable plastic bags; creating
3
s. 403.70325, F.S.; authorizing certain municipalities
4
to establish pilot programs for the regulation or ban
5
of disposable plastic bags; providing program
6
criteria; providing for expiration of the program;
7
directing participating municipalities to collect data
8
and submit reports to the municipal governing body and
9
the Department of Environmental Protection;
10
authorizing municipalities to continue such regulation
11
or an after the program expires under certain
12
conditions; providing an effective date.
13
14
Be
It Enacted by the Legislature of the State of Florida:
15
16
Section 1. Section 407.70325, Florida Statutes, is created
17
to
read:
18
403.70325 -Municipal pilot program for regulation or ban of
19
dis2osable
21astic
20
(1) Notwithstandinq—.��. 403.7033, a municipality with a
21
2o2ulation
of fewer than 100,000_may establish a of 2rogram
22
to
regulate or ban disposable plastic bags. A mun I . lity
23
establishing a pilot program shall, y ecember 31, 2015, enact
24
an
ordinance for the regulation or ban of disposable plastic
25
bags
that begins JanuaEy 1, 2016, and expires June 30, 2018
26
Such ordinance may not include any new taxes or fees on the use
1; 11�1 ��1;1�1 11111111191
F L 0 R I D A H 0 U S E O� F R E P R E S E N T A T I V E S
OR
27 or distribution of dis usable plastic bags.
28 _(2) A municiRality that establishes a 2jL2L_2Eo2ram shall:
29 -(a) Collect data pertaining to the iLu2act of such
30 re2ulation or an.
31 (b) �A ril 1, 2018, submit a j±part on the impact of
32 such regulation or ban to the governing body of the municipality
33 at a public hearing that is open to comments from the public.
34 _(c) Provide a_SM of the report to the—de2artment.
35 _(3) A municipality may continue to regulate or ban
36 dis2osable plastic bags after June 30, 2018, if the municipality
37 enacts an ordinance afttL_a2ril 1, 2018, indicati22__.that the
38 municipality _will continue the regulation or ban of 21astic
39 bags, notwithstanding s.403.7033.
40 Section 2. Section 403.7033, Florida Statutes, reads:
41 403.7033 Departmental analysis of particular recyclable
42 materials. —The Legislature finds that prudent regulation of
43 recyclable materials is crucial to the ongoing welfare of
44 Florida's ecology and economy. As such, the Department of
45 Environmental Protection shall undertake an analysis of the need
46 for new or different regulation of auxiliary containers,
47 wrappings, or disposable plastic bags used by consumers to carry
48 products from retail establishments. The analysis shall include
49 input from state and local government agencies, stakeholders,
50 private businesses, and citizens, and shall evaluate the
51 efficacy and necessity of both statewide and local regulation of
52 the materials. To ensure consistent and effective
M-137TRUO M,
F L 0 R I D A H 0 U S E 0 F R E P R E S E N T A T I V E S
IFIMM
M
53 implementation, the department shall submit a report with
54 conclusions and recommendations to the Legislature no later than
55 February 1, 2010. Until such time that the Legislature adopts
56 the recommendations of the department, no local government,
57 local governmental agency, or state government agency may enact
58 any rule, regulation, or ordinance regarding use, disposition,
59 sale, prohibition, restriction, or tax of such auxiliary
60 containers, wrappings, or disposable plastic bags.
61 Section 3. This act shall take effect July 1, 2015.