Resolution 026-2016 Mayor Carruthers
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RESOLUTION NO. 026 -2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA REQUESTING PROPOSED
SENATE BILL 306 AND HOUSE BILL 143 BE AMENDED TO ALSO
AUTHORIZE COUNTIES TO QUALIFY AS A "COASTAL
COMMUNITY' AS DEFINED IN THE PROPOSED BILLS;
PROVIDING FOR THE CREATION OF F.S 403.70325 TO
AUTHORIZE THE ESTABLISHMENT OF QUALIFYING PILOT
PROGRAMS TO REGULATE OR BAN DISPOSABLE PLASTIC
BAGS IN QUALIFYING MUNICIPAL OR COUNTY COASTAL
COMMUNITIES; PROVIDING PROGRAM CRITERIA, PROVIDING
FOR EXPIRATION OF THE PROGRAM AND PROGRAM
REPORTING CRITERIA AND REPORT DISTRIBUTION.
WHEREAS the Board of Commissioners of Monroe County, Florida is charged with
safeguarding the public health, safety, and welfare of the residents of the County; and
WHEREAS, the wise stewardship of our natural resources involves the protection of
Florida's water supplies and natural environment for generations to come; and
WHEREAS, protection of the environment is better accomplished by the prevention of
contamination and environmental degradation, as opposed to post-contamination, post-
degradation, or otherwise after-the fact environmental cleanup and restoration, and
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; and
WHEREAS, single-use 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, single-use plastic bags create the potential for death of land and marine
animals through entanglement and ingestion; and
WHEREAS, the potential long-term and cumulative health and environmental impacts
of single-use plastic bags pose a risk to the public health, safety, and welfare of,the County's
residents; 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
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Mayor Carruthers
WHEREAS, single-use plastic bags are difficult to recycle and frequently contaminate
material is processed through 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 conservation resources; and
WHEREAS, the Board of County Commissioners acknowledges that some businesses
have taken affirmative steps to accomplish this goal and recognizes their proactive efforts; and
WHEREAS, F.S. 403.7033 "...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
projects from retail establishments."; and
WHEREAS, "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."; and
WHEREAS, F.S. 403.7033 prohibits local governments or agencies from enacting "..any
rule, regulation, or ordinance regarding use, disposition, sale, prohibition, restriction or tax of
such auxiliary containers, wrappings, or disposable plastic bags."; and
WHEREAS, on April 15, 2015 the Board passed Resolution No. 102a-2015
"...supporting the initiatives by local governments in Florida to lessen the negative impact of
single-use plastic bags on our environment and requesting expansion of state legislation to
include counties, in addition to municipalities, to allow the regulation and/or ban of single-use
plastic bags by both municipalities and counties."; and
WHEREAS, the current proposed bills SB 306 and HB 143 authorizes "...certain
municipalities to establish pilot programs to regulate or ban disposable plastic bags...'; and
WHEREAS, SB 306 amends F.S. 403.70325(3) to define the term "coastal community"
as "...a municipality that abuts or borders the Gulf of Mexico, the Atlantic Ocean, or a bay.";
and
WHEREAS, if expanded to also provide this authorization to Counties in addition to
municipalities, in that Monroe County abuts the Gulf of Mexico and Atlantic Ocean, it would
qualify as a"coastal community" as defined within the proposed SB 306 and HB 143; and
WHEREAS, the Monroe County Board of Commissioners call upon the sponsors to
amend SB 306/HB 143 to include language to allow counties, in addition to municipalities with
less than 100,000 in population (criteria set by SB 306/HB 143), participate in the pilot program;
and
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Mayor Carruthers
WHEREAS, if enacted into law and in accordance with the law, Monroe County may
enact an ordinance for the regulation or ban of disposable plastic bags that will take effect no
earlier than 1/1/2017 and expires no later than 6/30/2019. Such ordinance may not include any
new taxes or fees on the use or distribution of disposable bags; and .
WHEREAS, if enacted into law, and allowed as a county government to participate, the
County may establish a pilot program that will include:
1. Collection of data pertaining to the impact or ban
2. Submit a report on the impact at a public hearing by 4/1/2019
3. Provide report to Florida Department of Environmental Protection(FDEP)
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF MONROE COUNTY,FLORIDA:
Section 1. The Board hereby requests an amendment to the language
in the proposed SB 306 and HB 143, creating F.S.
403.70325, to also include those Counties who qualify as a
"coastal community" under the definition provided in the
proposed Senate and House Bill.
L, , Section 2. The Board supports SB 306 and HB 143, with amended
= LOlanguage to also include Counties, and expresses its
c._� G' 1_ eagerness, by way of this resolution, to participate in a pilot
c ;s ' program as authorized under F.S. 403.70325, if enacted,
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r -x and its related 403.7033.
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Section 3. The Clerk is hereby directed to mail a copy of this executed
`� -' resolution to Governor Rick Scott, Senate President Andy
LI_ co 'Z Gardiner, House Speaker Steve Criasfulli, Senator Dwight
Bullard and Representative Holly Raschein.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 10th day of February, 2016.
Mayor Heather Carruthers Yes
Mayor pro tern George Neugent Yes
Commissioner Danny L.Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
VA(WafOl
c --' HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
Psi ., ' OF MONROE CO ;T ;LSRID.
'o a�� 1 e,! ty lerk Mayor ' eat e • arruthers
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M Q. COUNTY TT ORNEY
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ASSISTANT C UNT ATT RNEY
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