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Item O1 0.1 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting November 20, 2019 Agenda Item Number: 0.1 Agenda Item Summary #6214 BULK ITEM: No DEPARTMENT: BOCC District 3 TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger(305) 292-3470 No AGENDA ITEM WORDING: Approval to advertise a public hearing for December 11, 2019 to consider adoption of a County ordinance amending Chapter 12. of the Monroe County Code by creating Article VIII. Plastics to prohibit the distribution or sale of single-use plastic beverage straws or stirrers with enforcement effective January 1, 2021. ITEM BACKGROUND: At the 10/16/19 BOCC meeting, at the request of Commissioner Carruthers, the Board directed staff to prepare a draft ordinance prohibiting plastic straws similar to the ordinance recently adopted by the City of Key West. City Ordinance No. 19-22 was adopted by the City of Key West on 9/4/19. That ordinance takes effect on January 1, 2020. Staff has drafted a similar ordinance using the City's ordinance as a starting point. Like the City ordinance it would ban retail establishments from selling or distributing single use plastic beverage straws or stirrers but would include exemptions for medical and dental facilities and disabled persons. Based upon the input from Commissioner Carruthers and staff, there are some differences between the proposed draft and the City of Key West's ordinance. First, the proposed draft also would ban the distribution of public straws at public institutions. Second, the proposed County Ordinance would also be enforceable Countywide, except where a municipality has adopted an ordinance in conflict with the County's ordinance. For example, the proposed County ordinance would NOT apply within the City of Key West to the extent the City's ordinance conflicts with the County's ordinance. Third, proposed County ordinance would authorize enforcement through a citation that may be contested in County Court as well as through the Code Compliance Special Magistrate process; the City's ordinance is only enforceable through the Code Compliance Special Magistrate process. Finally, the proposed ordinance, as drafted, would take effect on January 1, 2021. Approval of this item would authorize staff to advertise a public hearing for the December 11, 2019 BOCC meeting to consider adoption of the ordinance. Packet Pg. 2248 0.1 PREVIOUS RELEVANT BOCC ACTION: 10/16/19 At the request of Commissioner Carruthers, the Board directed staff to prepare and present a draft ordinance at the next BOCC meeting modeled after the City of Key West's recently adopted ordinance prohibiting plastic straws CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: MARKED DRAFT Plastic Straw Ordinance (DRAFT 5 NOV 2019) City of Key West Ordinance No. 19-22 prohibiting distribution or sale of plastic straws or stirrers adopted 9 4 19 FINANCIAL IMPACT: Effective Date: N/A Expiration Date: Total Dollar Value of Contract: N/A Total Cost to County: Advertising Costs Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: County Match: Insurance Required: Additional Details: N/A REVIEWED BY: Bob Shillinger Completed 11/03/2019 5:18 PM Bob Shillinger Completed 11/05/2019 4:26 PM Budget and Finance Completed 11/05/2019 4:28 PM Maria Slavik Skipped 11/03/2019 5:17 PM Kathy Peters Completed 11/05/2019 4:29 PM Packet Pg. 2249 0.1 Board of County Commissioners Pending 11/20/2019 9:00 AM Packet Pg. 2250 0.1.a Commissioner Carruthers ORDINANCE NO. -2019 C. AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING CHAPTER 12. OF THE MONROE COUNTY CODE ("ENVIRONMENT AND NATURAL RESOURCE PROTECTION") BY CREATING ARTICLE VIIL ("PLASTIC STRAWS AND STIRRERS") TO PROHIBIT THE DISTRIBUTION OR SALE OF SINGLE-USE PLASTIC 0 BEVERAGE STRAWS OR STIRRERS CO NTYWIDE, CL EXCEPT TO THE EXTENT OF MUNICIPAL ORDINANCE IN CONFLICT; IDING FOR as SEVERABILITY; PROVIDING F EAL OF ALL ORDINANCES INCONSISTENT W ROVIDING 0 FOR INCORPORATION INT IE MON COUNTY CODE OF ORDINA PROVID FOR 0 TRANSMITTAL TO THE RETARY OF ST AND PROVIDING FOR AN EFFE DAT WHEREAS,the Board of Commissio onroe County, F Iida(hereinafter "Board") finds that plastic, non-bio drinking s and stirrers constitute a portion of 2 the litter on our streets, beaches, storm er waterw d oceans; and WHEREAS, t mds it is e bes t of p is health, safety and welfare of the residents, visi e to re li � ts on the land and in the waters 04 surrounding the Flo eys; an z WH S, the b f scarde gle-use plastic beverage straws and stirrers are neith Table odeg an EREAS, the d fin t in the � ida Keys, as a string of islands surrounded by water, dis d non-biode ble p straws and stirrers easily make their way from being land-based nto our nea re wa which can be catastrophic to our protected marine animals includi ious speci f sea turtles and manatees that are endangered and/or protected; 0 and WHEREAS,re the harm non-biodegradable plastic beverage straws and stirrers have on the marine environ nt, many responsible food and drink vendors throughout the Florida Keys have already converted to plant-based drinking straws responsible; and U_ WHEREAS, the Board finds the inconvenience and potential financial impact of an ordinance prohibiting the sale and distribution of non-biodegradable plastic drinking straws and stirrers is minimal compared to the potential benefit to our marine environment; and WHEREAS, the Board finds implementation of this ordinance is necessary for the preservation of the health of the waters and environmentally sensitive marine environment of the Page 1 of 4 Packet Pg. 2251 0.1.a Commissioner Carruthers Florida Keys and in the best interest of the health,safety and welfare of the residents of,and visitors U) to, the Florida Keys; and CL WHEREAS, Section 1(f) of Article VIII of the Florida Constitution vests the Board with the authority to enact ordinances having countywide effect that are not inconsistent with state law, 0 provided that such ordinance shall not be effective within a municipality that has adopted an CL ordinance in conflict with the County ordinance, to the extent of such conflict; and E L_ 0 WHEREAS, the State of Florida has not preempted local governments from regulating in the field of single use plastic straws and stirrers; and CL WHEREAS, Governor Ron DeSantis, in his vet ge of HB 771, which was enacted during the 2019 legislative session, stated that ordi iting single-use plastic straws have not frustrated any state policy or harmed the nteres d that the State should allow 0 local communities to address this issue through 'itical proces 0 NOW THEREFORE, BE IT O ED BY THE B D OF COUNTY CL COMMISSIONERS OF MONROE COUNT RID SECTION 1. Chapter 12 of the ounty Co rdinances entitled "Environment g 2 and Natural Resource Protection amen o create Article VIII. entitled "Plastics" to read as follows: w (Inserted langu underli dele e a ars sf,;, ew 44 —b I ARTI VIII. STIC S S AND �IRRERS z ion 12- Caj � the ose of' the following terms shall have the _ a d m sunless ressl stated otherwise: Retai blish means any person or entity engaged in the retai e of foo drinks or goods. Retail establishment E includes su ermarket, groceLy store bar, restaurant 3 nveni stores shop, service station farmer's market oecial events vendors all county-contracted ve and any other sales outlet where a customer can 0 direct ypurchase goods, materials, and products. 0. Sin lg e-use plastic beverage straw or stirrer means a tube or stylus, intended for only one-time use, that is made predominantly of plastic derived from either petroleum or a W biologically based polymer, including polymers derived from corn or other plant sources, for stirring or transferring a beverage from its container to the mouth of the drinker. Single-use plastic beverage straws or stirrers include Page 2 of 4 Packet Pg. 2252 O.1.a Commissioner Carruthers compostable and biodegradable petroleum or biologically based polymer straws, but do not include straws or stirrers CL CD that are made from non-plastic materials, such as paper, sugar cane, bamboo, or other similar materials. 0 L_ Section 12-191. Prohibitions. CL E Except within a municipality which has adopted an ordinance in 0 conflict with this ordinance, it shall be unlawful for any retail M establishment to sell or distribute sin 1 lastic beverage straws as or stirrers. f D 2 It shall be unlawful for anv 14011 1 > Lhon to distribute plastic straws or stirrers for use. 0 CL Section 12-192. Penalties. V� ons of this ordinance be punished CL in any manner as follows: (1) Citation. .g 2 a. A code ctoh6h,or law e ement officer may, Won observation vio issue a ice to a ear pursuant to. 8-68. son or re esta111� un 'violation of Sec. 12- CD CD 191 s e unis fine ,to $500.00. > z (2) A stra ,Notice of ation Ln a offi a u on discove of a violation 1�1��111 issu tic e o n rsuant to Sec. 8-28. e or retail effiWishment found in violation of Sec. 12- ay N&ed pursuant to Sec. 8-31. E 3 Sectio 193 ce tions. The ibition in Sec. 12-191. shall not apply to: (a) Pre-packaged beverages with plastic straws sold or distributed provided that such beverages are prepared and packaged outside of Monroe County, W Florida and are not altered, packaged or repackaged within Monroe County, Florida. Medical or dental facilities. Page 3 of 4 Packet Pg. 2253 0.1.a Commissioner Carruthers (c) The use of single-use plastic beverage straws or CL stirrers by any disabled person who requires or relies on the use of a straw or stirrer to consume beverages and/or food supplements. 0 CL E SECTION 2. Severability. If any section, subsection, sentence, clause, or provision of this L- ordinance is held by a court of competent jurisdiction to be invalid,the remainder of this ordinance 0 shall not be affected by such invalidity. 0. SECTION 3. Conflict. All ordinances or parts of ordi in conflict with this ordinance are as hereby repealed to the extent of said conflict. 0 SECTION 4: Effective Date. This Ordinanc be filed wi e Department of State and shall be effective as provided in Section 125. lorida Statutes. 0 CL CL SECTION 5: Enforcement: To allow time fo vidual d retailers end their current stock of plastic straws and stirrers provide ti r �sition to reus recyclable, or compostable alternatives, as well low for a ational period, en orcement of this 2 ordinance will not commence until Ja21. PASSED AND TED by t oar my issioners of Monroe County, Florida, at a regular in Board on t day ,2019. 04 or 0 UIIIU�� z r Pro Ln Comm er miss ll�ll" as (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KE DOK, OF MONROE COUNTY, FLORIDA 3 By: By: Deputy Clerk Mayor 0. as E Page 4 of 4 Packet Pg. 2254 0 0 CL CL ORDINANCE NO. 19-22 CL 0 AN ORDINANCE OF THE CITY OF KEY WEST, FLORIDA, AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES, ENTITLED "ENVIRONMENT" BY CREATING ARTICLE VII ENTITLED "PLASTICS" TO PROHIBIT WHO IP 69800TON U) I- 0 DISTRIBUTION OR SALE =OF U) PLASTIC STRAWS OR STIRRERS IN THE CITY OF KEY WEST; CREATING SECTION 26-312 ENTITLED U) "DEFINITIONS"; CREATING SECTION 26-313 .2 ENTITLED "PROHIBITIONS"; CREATING SECTION 26- 2U) CL 314 ENTITLED "PENALTIES"; CREATING SECTION 26- 4- 0 315 ENTITLED "EXCEPTIONS`!,, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF U) INCONSISTENT PROVISIONS, PROVIDING FOR AN 0 EFFECTIVE DATE A WHEREAS, the City Commission for the City of Key West finds 'a that plastic, non-biodegradable drinking straws and stirrers :2 0 constitute a portion of the litter in the city streets, beaches, cv cv stormwater drains, and waterways; and 6 z WHEREAS, the City Commission for the City of Key West finds that it is in the interest of public health, safety, and welfare 0 of the residents, visitors, and wildlife to reduce litter and U) pollutants on the land and in the waters surrounding Key West; and 4- 0 WHEREAS, the City Commission for the City of Key West finds that discarded single-use drinking straws and stirrers are neither E Packet Pg. 2255 readily recyclable, nor are they biodegradable; and > 2 WHEREAS, the City Conmission for the City of Key We. finds that as a. small islarid. coinraunity, discarded non-biodegradable Iq drinking straws and stirx:e.rs easily make the.,ir way from being ;..and...._ CL 0 based litter into being litter in our nearshore waters that are catastrophic to our protected marine animals including various U) species of sea turtles and manatees that are endangered and/or 0 U) M protected; and 1. U) U) WHEREAS, many local, responsible food and drink vendors have 0. 4- 0 already converted to plant-based drinking straws in recognition of .2 M U) &I- the harm that non-biodegradable straws and stirrers can have on 0 r_ 0 the marine environment; and WHEREAS, the City Commission for the City of Key West finds that the inconvenience or financial impact of implementation of 2 this new ordinance to be minor compared to the benefit to the 0. N Cv environment achieved through a regulation that requires the 6 elimination of non-biodegradable drinking straws and stirrers; and 2z WHEREAS, the City Commission for the City of Key West finds (0 that this ordinance is necessary for the preservation of the City' s environment and the public health, safety and welfare of City 4- residents and visitors and future generations . 0 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST, E Packet Pg. 2256 0 FLORIDA: > 0 Section 1 : That Section 26-312 of the Code of ordinances is T_ hereby created as follows* : Sec. 26-312. - Defin1tions 0 Definitions. For the purposes of this article, the following terms 0 ........... .............. U) shall have the ascribed meanings unless expressly stated L_ .......... .................... 0 U) otherwise: U) Retail Establishment means an,,, person or entity engaged in .2 U) .2 the retail sale of food, drinks, or goods . Retail CL 0 .2 establishment includes any. supw ,rmarket, bar, store, ............ ................ U) I- 0 restaurant, convenience store, shop, service station, r_ ............ 0 farmer' s market vendor, special events vendors, all city- ....... ........ ------ A contracted vendors, and any other sales outlet where a 'a ............. customer can direct1v purchase foods, materials, and 0 'Products . cv Single-use plastic beverage straw or slItirr"e"r means a tube, 6 intended for only one-time use, that is made predominantlyz ............ ------- of plastic derived from either petroleum or a biologically r_ based polymer, including polymers derived from corn or other 0 ................ U) 21ant sources, for stirrin.(- or transferring a beverage from ................... its container to the mouth of the drinker. Sinqle-use r.,lastic 4- ­con---- ------------- .............. .......... ................... 0 beverage straw or stirrer includes c,ompostable and E Packet Pg. 2257 0 * (Coding: Added language is underlined; deleted language is > 0 at first reading. Added language is double CL 14 n.-,d.--.e ne, d and I t1n5-, 8'&0 at second reading. ) CL biodegradable ewroleum or biologically based polymer straws, but does not include straws or stirrers that are ............... .... ......... ----------- made from .nonlastic materials, such as t�aper` sugar cane, ...................... ........ 0 bamboo,. . .1--or other similar ma.1t1e11r1ials--.-- ............. as U) I- 0 Section 2 : That Section 26-313 of the Code of Ordinances U) is hereby created as follows : U) .2 U) Section 26-313 Prohibitions. CL 4- 0 .2 M 0 TT .................. :2 +2+ 11L It shall be unlawful for any retail establishment A as to sell or distribute single use plastic beverage straws S ------------- ------- ........... ....... ------ or stirrers in the Citv of Key West. 0 .............. ------------- cv cv Section 3 : That Section 26-314 of the Code of Ordinances is 6 z hereby created as follows : r- Sec. 26-314 - Penalties. 0 2 U) (I)An,,,,, person or retail establishment in violation of Sec. .......................-retail. ........ ........... ........ 26-313 shall be subject to a notice of code violation pursuant to ------ ..... 4- 0 Chapter 2, Article VI, Division 2 of the Code of Ordinances . .............. ................... ............ E Packet Pg. 2258 0.1.b 0 0 Section 4 : That Section 26-315 of the Code of ordinances is hereby created as follows : a ae.cw::;.:m.�6-� :1.5Exc tons„.,°: 'a The prohibition in Sec, 26-3e13 shall, not a), r,�ly, to. U) _:. (1) Pre- .. t 0 )acka(, ed beveraG: es with rdlas is straws sold or U) distributed within the City .of Ke West_, t--,roVided that U) such beverages are i,Irev,�ared and ,:dacka' ed outside of the 2- U) City , and are not altered,, 1,.fac,kagpd, or re ;ackafjed within - the Cit',?.,. U) 0 (2) Medical or dental facilities . r- c (3) The use of a sin1le-use elastic beveracie straw or, stirrer by ° A any _disabled person that requires or relies on _the use of a ll straw or stirrer to consume beveraces and/or food 0 sgpplements CL (4) .Land or facilities owned or mana,m,led by the Monroe Qountt School District, the State of Florida, or the Federal 0 Government. 2 Section 5: If any section, provision, clause, phrase, or 0 application of this ordinance is held invalid or unconstitutional for 4- any reason by any court of competent jurisdiction, the remaining provisions of this ordinance shall be deemed severable therefrom and shall be construed as reasonably necessary to achieve the lawful 0 Packet Pg. 2259 0 purposes of this ordinance. > 0 Section 6: All Ordinances or parts of Ordinances of said .......... City in conflict with the provisions of this Ordinance are hereby 'a 0 superseded to the extent of such conflict. 'a U) Section 7 : This Ordinance shall go into effect immediately upon I- 0 U) its passage and adoption and authentication by the signature of the U) presiding officer and the Clerk of the Commission; however, to allow .2 U) .2 time for individuals and retailers to expend their current stock of CL 4- 0 plastic straws and stirrers, to provide for time for a transition to U) L- reusable, recyclable, or compostable alternatives, as well as to allow 0 for an educational period, the City will not commence enforcement of :2 this ordinance until 6:00 a.m. on January 1, 2020. A 'a CD .S 0 cv cv z 0 2 U) 4- 0 E M Packet Pg. 2260 0 0 Reaci and passed on. f.irst reading at, a regi.A..ar meetinRj held this 20th. day of kugust CL AF 2019 . 0 'a Read and passed on final reading at a regular meeting held U) this 4th day of September 2019. 1- .............. ........... 0 U) Authenticated by the presiding officer and Clerk of the U) .2 4th September 2 Commission on day of 2019. U) ........... ..... .......... ............ . CL 4- 0 Filed with the Clerk September 5 2019. 0 Mayor Teri Johnston Yes r- 0 Vice Mayor Sam Kaufman Yes Commissioner Gregory Davila Yes A 'a Commissioner Mary Lou Hoover Yes ............ Commissioner Clayton Lopez Yes Commissioner Billy Wardlow Yes 0- Commissioner Jimmy Weekley C14 6 Z TERM. JOHNSTON, ,MAYOR r- AT;Ijr- sl� e,( 0 U) CHERYL SMITH, CI Y CLERK 4- 0 E Packet Pg. 2261 OFFICE OF THE CITY ATTORNEY PHONE: (305)809-3770 0 FAX: (305)809-3771 0 THE CITY OF KEY WEST POST OFFICE BOX 1409 KEY WEST,FL 33041-1409 WM,741,0:'�'VVES'l Q FY,Q()M 0 To: The City Commission for The City of Key West From: Ron Ramsingh, Chief Assistant City Attorney Date: August 12, 2019 RE: Proposed new ordinance banning the use and distribution of plastic straws and stirrers U) Sponsor: Commissioner Jimmy Weeklcy; Co-Sponsors: Mayor Johnston,Commissioners 0 U) Hoover, Kaufinan,Wardlow, and Lopez. Meeting date: 1st reading August 20, 2019 .2 EXECUTIVE SUMMARY 4- Proposed Action: To create a new ordinance that bans the use and distribution of single- 0 use plastic drinking straws and stirrers in the City of Key West. U) I- 0 Background: the undersigned drafted this At the request of Commissioner Weekley, proposed new ordinance that bans the use and distribution of single-use plastic drinking M straws and stirrers in the City of Key West. This issue of regulation of various types of plastics,plastic bags,polystyrenes and straws has drawn a lot of attention from governments around the country. In Florida, several cities have either implemented 0- ordinances that ban these materials or are in the stages of banning some of the materials, while navigating a minefield of state preemptive statutes. Specifically,the Florida 6 Legislature-passed F.S. 403.7033 in 2008 that prevents local governments-from enacting Z any regulation regarding auxiliary containers,wrappings, or plastic bags until studies are conducted and submitted to the Legislature no later than February 1, 2010. Those studies 0 were submitted,but the Legislature never acted on them with new regulations. The Florida U) Legislature also passed F.S. 500.90 in 2016, which is a statute that prohibits cities from passing any regulation that bans polystyrene products if the regulation was enacted after 4- 0 l/1/2016. The City of Coral Gables enacted an ordinance banning certain single-use plastics in 2016. The Florida Retail Federation and Super Progresso Foods sued the City of E Packet Pg. 2262 Coral Gables over their ordinance in light of the expressed preemption in F.S. 4033033 0 and F.S.900.50. The State of Floridajoined in the lawsuit against Coral Gables as well. The suit was filed in the 1.Ith Judicial Circuit(Miami-Dade County). The Circuit Court 0 ruled that F.S. 403.7033 was unconstitutionally vague and struck the statute. The Florida Retail Federation, Super Progresso, as well at the State of Florida appealed that decision to the 3'District Court of Appeal.The 3rd DCA issued.their opinion on the matter on 8/14/19. They ruled that the 3 state statutes in question regarding preemption of local 0 'a ordinances on plastic containers,bags, and polystyrene are constitutional and reversed the opinion of the lower court'. Therefore, cities cannot regulate plastic containers, 0- polystyrenes, or plastic bags unless or until the state statutes are changed. U) 0 U) Additionally, the Legislature passed F.S. 57.112 in 2019 that allowed for plaintiff's attorney's fees if a successful case is brought against a local government for enacting an U) ordinance or rule that they were preempted from enacting. U) 0. 4- 0 However, in the summer of 2019, Gov. DeSantis vetoed HB 177 that would have U) prevented local governments from enacting any legislation that bans plastic straws; thereby 0 clearing the way for cities and counties to pass ordinances like the one being considered here. A 'a Enforcement of this proposed ordinance will begin on.January L 2020 to afford retailers to expend their inventories,as well as to provide for an educational period to the general 0 public. Enforcement will be through the Code Compliance Special Magistrate. cv cv Changes for 211 KtI!k= 6 ® Section 26-315 has been added,providing for exceptions for pre-packaged z beverages with straws sold with the beverage such as Capri-Sun and juice boxes, medical or dental facilities,use by disabled people who rely on straws 0 for beverages, also excluded from the regulation are other governmental U) entities such as Monroe County,the Monroe County School District,the State of Florida, and the Federal Government. 4- 0 lrs The City of Key West,as well as Miami-Dade County both sit in the 3rd DCA. Packet Pg. 2263 0 2. Section 26-313(l)has been deleted.Possession of a straw is no longer being proposed. The distribution and selling of straws are prohibitions. 0 3. Section 26-212 has minor wordsn-dthing to include stirrers in the definition. Qptuns: 1. To defeat this proposed ordinance, There will continue to be no prohibition on the 0 use or distribution of single-use plastic straws or stirrers in the City of Key West. 2. To pass this proposed ordinance with several exceptions for 2,dreading, thereby banning the distribution and sale of single-use plastic straws or stirrers in the City U) 0 of Key West. U) U) .2 Recommendation: To pass the proposed ordinance. U) 4- 0 U) I- 0 A 0 cv cv z 0 2 U) 4- 0 E Packet Pg. 2264