Item L2
Mayor Carruthers
RESOLUTION NO. ______-2016
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA REQUESTING PROPOSED
SENATE BILL306 AND HOUSE BILL143BE 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 QUALIFYINGPILOT
PROGRAMSTO REGULATE OR BAN DISPOSABLE PLASTIC
BAGSIN 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 theCounty; 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 Countyis diligent in its efforts to preserve the beautiful
environment that supportsthe tourism industry which is so vital to the economy of Monroe
Countyand 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 impedimentto 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 acknowledgesthat 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 Protectionshall undertake an analysis of the need for newor 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 Boardpassed Resolution No.102a-2015
“…supporting the initiatives by local governments in Floridato 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 “…amunicipality that abuts or borders the Gulf of Mexico,the Atlantic Ocean, or a bay.”;
and
WHEREAS
, if expanded to also provide this authorization to Countiesin addition to
municipalities, in that Monroe County abuts the Gulf of Mexico and Atlantic Ocean, it would
qualify as a “coastal community”as defined withinthe 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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ADDITIONAL
BACK-UP
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Senator Bullard
39-00415A-16 2016306__
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 to regulate or ban
5 disposable plastic bags; providing program criteria;
6 providing for expiration of the program; directing
7 participating municipalities to collect data and
8 submit reports to the municipal governing body and the
9 Department of Environmental Protection; defining the
10
11 F.S.; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 403.70325, Florida Statutes, is created
16 to read:
17 403.70325 Municipal pilot program for regulation or ban of
18 disposable plastic bags.
19 (1) Notwithstanding s. 403.7033, a municipality with a
20 population of fewer than 100,000 which is a coastal community
21 may establish a pilot program to regulate or ban disposable
22 plastic bags. A municipality establishing a pilot program shall
23 enact an ordinance for the regulation or ban of disposable
24 plastic bags that takes effect no earlier than January 1, 2017,
25 and expires no later than June 30, 2019. Such ordinance may not
26 include any new taxes or fees on the use or distribution of
27 disposable plastic bags.
28 (2) A municipality that establishes a pilot program shall:
29 (a) Collect data pertaining to the impact of such
Page 1 of 3
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39-00415A-16 2016306__
30 regulation or ban.
31 (b) By April 1, 2019, submit a report on the impact of such
32 regulation or ban to the governing body of the municipality at a
33 public hearing that is open to comments from the public.
34 (c) Provide a copy of the report to the department.
35 (3)
36 means a municipality that abuts or borders the Gulf of Mexico,
37 the Atlantic Ocean, or a bay.
38 Section 2. Section 403.7033, Florida Statutes, is
39 republished to read:
40 403.7033 Departmental analysis of particular recyclable
41 materials.The Legislature finds that prudent regulation of
42 recyclable materials is crucial to the ongoing welfare of
43
44 Environmental Protection shall undertake an analysis of the need
45 for new or different regulation of auxiliary containers,
46 wrappings, or disposable plastic bags used by consumers to carry
47 products from retail establishments. The analysis shall include
48 input from state and local government agencies, stakeholders,
49 private businesses, and citizens, and shall evaluate the
50 efficacy and necessity of both statewide and local regulation of
51 these materials. To ensure consistent and effective
52 implementation, the department shall submit a report with
53 conclusions and recommendations to the Legislature no later than
54 February 1, 2010. Until such time that the Legislature adopts
55 the recommendations of the department, no local government,
56 local governmental agency, or state government agency may enact
57 any rule, regulation, or ordinance regarding use, disposition,
58 sale, prohibition, restriction, or tax of such auxiliary
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39-00415A-16 2016306__
59 containers, wrappings, or disposable plastic bags.
60 Section 3. This act shall take effect upon becoming a law.
Page 3 of 3
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FLORIDA HOUSE OF REPRESENTATIVES
+%
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 to regulate or ban
5 disposable plastic bags; providing program criteria;
6 providing for expiration of the program; directing
7 participating municipalities to collect data and
8 submit reports to the municipal governing body and the
9 Department of Environmental Protection; defining the
10 term "coastal community"; republishing s. 403.7033,
11 F.S.; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 403.70325, Florida Statutes, is created
16 to read:
17 403.70325 Municipal pilot program for regulation or ban of
18 disposable plastic bags.
19 (1) Notwithstanding s. 403.7033, a municipality with a
20 population of fewer than 100,000 which is a coastal community
21 may establish a pilot program to regulate or ban disposable
22 plastic bags. A municipality establishing a pilot program shall
23 enact an ordinance for the regulation or ban of disposable
24 plastic bags that takes effect no earlier than January 1, 2017,
25 and expires no later than June 30, 2019. Such ordinance may not
26 include any new taxes or fees on the use or distribution of
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27 disposable plastic bags.
28 (2) A municipality that establishes a pilot program shall:
29 (a) Collect data pertaining to the impact of such
30 regulation or ban.
31 (b) By April 1, 2019, submit a report 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 copy of the report to the department.
35 (3) As used in this section, the term "coastal community"
36 means a municipality that abuts or borders the Gulf of Mexico,
37 the Atlantic Ocean, or a bay.
38 Section 2. Section 403.7033, Florida Statutes, is
39 republished to read:
40 403.7033 Departmental analysis of particular recyclable
41 materials.The Legislature finds that prudent regulation of
42 recyclable materials is crucial to the ongoing welfare of
43 Florida's ecology and economy. As such, the Department of
44 Environmental Protection shall undertake an analysis of the need
45 for new or different regulation of auxiliary containers,
46 wrappings, or disposable plastic bags used by consumers to carry
47 products from retail establishments. The analysis shall include
48 input from state and local government agencies, stakeholders,
49 private businesses, and citizens, and shall evaluate the
50 efficacy and necessity of both statewide and local regulation of
51 these materials. To ensure consistent and effective
52 implementation, the department shall submit a report with
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53 conclusions and recommendations to the Legislature no later than
54 February 1, 2010. Until such time that the Legislature adopts
55 the recommendations of the department, no local government,
56 local governmental agency, or state government agency may enact
57 any rule, regulation, or ordinance regarding use, disposition,
58 sale, prohibition, restriction, or tax of such auxiliary
59 containers, wrappings, or disposable plastic bags.
60 Section 3. This act shall take effect upon becoming a law.
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