Item O10.1
t, BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Heather Carruthers, District 3
IleOI1da Keys Mayor Pro Tern Michelle Coldiron, District 2
�pw° Danny L. Kolhage, District I
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
December 11, 2019
Agenda Item Number: 0.1
Agenda Item Summary #6270
BULK ITEM: No DEPARTMENT: County Attorney's Office
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger (305) 292-3470
1:30 P.M. PUBLIC HEARING
AGENDA ITEM WORDING: A public hearing to consider adoption of a County ordinance
amending Chapter 12. of the Monroe County Code by creating Article VIIL Plastics to prohibit the
distribution or sale of single -use plastic beverage straws or stirrers with enforcement effective
January 1, 2020.
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 and, after second reading,
the adopted ordinance prohibits distribution or sale (not possession) of single -use plastic beverage
straws or stirrers; providing for enforcement as a Code Enforcement violation with enforcement
effective January 1, 2020 and providing specific exceptions for:
• Pre -packaged beverages with plastic straws sold or distributed within the City of Key West,
providing that such beverages are prepared and packaged outside of the City and are not
altered, packaged or repackaged within the City;
• Medical or dental facilities;
• The use of a single -use plastic beverage straw or stirrer by any disabled person that requires
or relies on the use of a straw or stirrer to consume beverages and/or food supplements; and
• Land or facilities owned or managed by the Monroe County School District, the State of
Florida or the Federal Government.
As directed, the draft ordinance being presented is modeled after the City of Key West's Ordinance
No. 19-22 adopted 9/4/19 (copy attached) and is being presented for discussion, direction and
approval to advertise a public hearing to consider adoption of the proposed ordinance, with any
modifications as directed by the Board.
PREVIOUS RELEVANT BOCC ACTION:
10/16/19 At the request of Commissioner Carruthers, the Board directed staff to prepare
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and present a draft ordinance at the next BOCC meeting modeled after the City of
Key West's recently adopted ordinance prohibiting plastic straws
11/20/19 (0-1) BOCC scheduled a public hearing for December 11, 2019 in Key Largo, FL at
1:30 P.M. or as soon thereafter as may be heard
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Draft Public Straw Ordinance (Final Draft Bob 11 5 19)
City of Key West Ordinance No. 19-22 prohibiting distribution or sale of plastic straws or stirrers
adopted 9 4 19
Notice of Intention to Consider Adoption of a County Ordinance re prohibition re: distribution or
sale of plastic straws and stirrers (PH BOCC 12 11 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: N/A
Budgeted: Yes
Source of Funds:
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: N/A
County Match: N/A
Insurance Required: N/A
Additional Details:
N/A
REVIEWED BY:
Bob Shillinger
Kathy Peters
If yes, amount:
Completed
Completed
11/25/2019 11:33 AM
11/25/2019 11:48 AM
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0.1
Board of County Commissioners Pending
12/11/2019 9:00 AM
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0.1.a
ORDINANCE NO. - 2019
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
BEVERAGE STRAWS OR STIRRERS CO NTYWIDE,
EXCEPT TO THE EXTENT OF MUNICIPAL
ORDINANCE IN CONFLICT; IDING FOR
SEVERABILITY; PROVIDING F EAL OF ALL
ORDINANCES INCONSISTENT W OF
FOR INCORPORATION INT IE MON COUNTY
CODE OF ORDINA PROVID FOR
TRANSMITTAL TO THE RETARY OF ST AND
PROVIDING FOR AN EFFE DAT +gym„.
WHEREAS, the Board of CA
"Board") finds that plastic, non-bio
the litter on our streets, beaches, storm
WHEREAS,
of the residents, visa
surrounding the Flo
are
water, dis
land -based -
animals incl
and
AS, the
non-bic
ous sp
onroe County, Flbfida (hereinafter
and stirrers constitute a portion of
nd oceans; and
',c health, safety and welfare
is on the land and in the waters
-use plastic beverage straws and stirrers
t in the' "iorida Keys, as a string of islands surrounded by
p straws and stirrers easily make their way from being
wa which can be catastrophic to our protected marine
sea turtles and manatees that are endangered and/or protected;
WHEREAS, redVonn"t,
° the harm non -biodegradable plastic beverage straws and stirrers
have on the marine en) many responsible food and drink vendors throughout the Florida
Keys have already converted to plant -based drinking straws responsible; and
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
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Florida Keys and in the best interest of the health, safety and welfare of the residents of, and visitors
to, the Florida Keys; and
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,
provided that such ordinance shall not be effective within a municipality that has adopted an
ordinance in conflict with the County ordinance, to the extent of such conflict; and
WHEREAS, the State of Florida has not preempted local governments from regulating in
the field of single use plastic straws and stirrers; and
WHEREAS, Governor Ron DeSantis, in his 4vet
during the 2019 legislative session, stated that ordi
have not frustrated any state policy or harmed thette
local communities to address this issue through 'iti
NOW THEREFORE, BE IT O
COMMISSIONERS OF MONROE COUr
SECTION 1. Chapter 12 of the M
and Natural Resource Protection
"Plastics" to read as follows:
(Inserted
ARTIUMVIII.
12
e of HB 771, which was enacted
L
ng single -use plastic straws
d that the State should allow
BY THE BDXRD OF COUNTY
Single -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
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
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compostable and biodegradable petroleum or biologically
based polymer straws, but do not include straws or stirrers
that are made from non -plastic materials, such as paper,
sugar cane, bamboo, or other similar materials.
Section 12-191. Prohibitions.
Except within a municipality which has adopted an ordinance in
(a) Pre -packaged beverages with plastic straws sold or
distributed provided that such beverages are
prepared and packaged outside of Monroe County,
Florida and are not altered, packaged or repackaged
within Monroe County, Florida.
Medical or dental facilities.
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(c) The use of single -use plastic beverage straws or
stirrers by any disabled person who requires or relies
on the use of a straw or stirrer to consume beverages
and/or food supplements.
SECTION 2. Severability. If any section, subsection, sentence, clause, or provision of this
ordinance is held by a court of competent jurisdiction to be invalid, the remainder of this ordinance
shall not be affected by such invalidity. 4111ii,,,,„„
SECTION 3. Conflict. All ordinances or parts of ordi in conflict with this ordinance are
hereby repealed to the extent of said conflict. �d0
SECTION 4: Effective Date. This Ordii
shall be effective as provided in Section 125
SECTION 5: Enforcement: To allow time
stock of plastic straws and stirrers
compostable alternatives, as well
ordinance will not commence until J
PASSED AND
Florida, at a regular mq
(SEAL)
Attest:
Deputy Clerk
11 be filed w'lfl
orida Statutes.
Department of State and
�ld retailers
Clsltlon to re
onal period,
I their current
recyclable, or
ement of this
issioners of Monroe County,
, 2019.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Page 4 of 4
Mayor
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ORDINANCE NO. 19-22
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
DISTRIBUTION OR SALE OF
PLASTIC STRAWS OR STIRRERS IN THE CITY OF KEY
WEST; CREATING SECTION 26-312 ENTITLED
"DEFINITIONS"; CREATING SECTION 26-313
ENTITLED "PROHIBITIONS"; CREATING SECTION 26-
314 ENTITLED "PENALTIES"; CREATING SECTION 26-
315 ENTITLED "EXCEPTIONS`!,, PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS, PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission for the City of Key West finds
that plastic, non -biodegradable drinking straws and stirrers
constitute a portion of the litter in the city streets, beaches,
stormwater drains, and waterways; and
WHEREAS, the City Commission for the City of Key West finds
that it is in the interest of public health, safety, and welfare
of the residents, visitors, and wildlife to reduce litter and
pollutants on the land and in the waters surrounding Key West; and
WHEREAS, the City Commission for the City of Key West finds
that discarded single -use drinking straws and stirrers are neither
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readily recyclal:)le, rior are they biodegrar.-lable; and I-
0
4-
WHEREAS, the City (',oinntission for the City. of Key West finds
that as a. smal.,I. islan.d. cornatunity, discarded non --biodegradable
drinking straws and stirx:e.rs easily make the.,ir way from being .1and....
6ased litter J..nto being Litter ini ot.ix nearshore waters tliat. ara,::
catastx:oph�ic to (,�)ur p.-rotected niarine a.n.inials inc'L� i(l i nc ,,I v a ri o u s
species of sea turt.1es and inai").a tees that a.i,,.,e endangered and/ox:
WHEREAS, many local, responsible food and drink vendors have
the harm that non -biodegradable straws and stirrers can have on
the marine environment; and
WHEREAS, the City Commission for the City of Key West finds
that the inconvenience or financial impact of implementation of
this new ordinance to be minor compared to the benefit to the
V0
environment achieved through a regulation that requires the T_
0
z
elimination of non -biodegradable drinking straws and stirrers; and
WHEREAS, the City Commission for the City of Key West finds '20
0 2
that this ordinance is necessary for the preservation of the City's U)
environment and the public health, safety and welfare of City
4-
0
residents and visitors and future generations.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KEY WEST,
E
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FLORIDA: I-
0
Z:
Section 1: That Section 26-312 of the Code of Ordinances is e:1
Sec. 26-312. - Definitions
Definitions. For the purposes of this article, the following terms
........ . . . ...... . . . . . ....... ......... 1111 9-1
shall have the ascribed meanings unless expressly stated
. ......... . . . .... .............
otherwise:
Retail Establishment means an,,, person or entity engaged in
the retail sale of food, drinks, or cToods Retail
V0
Single -use plastic beverage straw or stirrer means a tube, T_
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*(Coding: Added language is underlined; deleted language is
at first read��n`g.Aa�i-e""d language is double 0
A-1-1 4-- - I- � I-
14nderlined and at second reading.)
IL
biodegradable ewtraleum or biologically based polymer
straws, but does not include straws or stirrers that are
. .......... . . . . --------- -------- - - - - --------
made from non-��llastic materials, such as ua�.')er, su(,,,iar cane
bamboo, or other similar materials.
Section 2: That Section 26-313 of the Code of Ordinances
M hereby created as follows:
Section 26-313 - Prohibitions.
+2+ Ild It shall be unlawful for any retail establishment
to sell or distribute single use plastic beverage straws
---- - - ------- ------- . . ......... . . .... . -- -- ----
or stirrers in the Citv of Kev West.
6
Section 3: That Section 26-314 of the Code of Ordinances is z
hereby created as follows:
Sec. 26-314 - Penalties. 0
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,.,.
._...._..
. . ............ . ... . .......... .... . ........... � -1-11111.1-1-111. "1 - -11-----.------t%
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Section 4: That Section 26-315 of the Code of ordinances is
hereby created as follows:
Sec. 26- 15 Exc tions.
The prohibition in Sec. 26-313 shall not apr,,.J,v to:
3 1.
distributed within the City of t--,rovided that
such bevera�,,,Iesare ,i.-,Irev,.,,�ared and r,.:,,acka' ed outside of the
City, and are not altered, 1,.,,ac,Xaqpd, or rej:)ackafjed within
the Citj,z.
(2) Medical, or dental facilities.
(3) The I use of a s1in1le-u-se elastic beverac"ie 'straw or, stirrer by
any _disabled person that r relies on the use of a
require-s or
straw or stirrer to consume beveraces and/or food
su,ppleme'nt's.,
(4) Land or facilities owned or mana,,,:,1ed-by the Monroe Qount.t
School District, the _ State of Florida, 'or the Federal
Government.,
Section 5: If any section, provision, clause, phrase, or
application of this ordinance is held invalid or unconstitutional for
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
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«• of this ordinance.
Section 6: All Ordinances or parts of Ordinances of said
City in conflict with the provisions of this Ordinance are hereby
superseded to the extent of such conflict.
Section 7: This Ordinance shall go into effect immediately upon
its passage and adoption and authentication by the signature of the
presiding officer and the Clerk of the Commission; however, to allow
time for individuals and retailers to expend their current stock of
plastic straws and stirrers, to provide for time for a transition to
reusable, recyclable, or compostable alternatives, as well as to allow
for an educational period, the City will not commence enforcement of
this ordinance until 6:00 a.m. on January 1, 2020.
I Packet Pg. 1241 1
Reaci and passed on. f.I-rst reading at, a regi.A..ar meetinRj held
t 11 i 20th. day of August AF 2019
-------------
Mead and passed on final reading at a regular meeting held
this 4th day of September 2019.
Commission on 4th
Filed with the Clerk
day of September , 2019.
Mayor Teri Johnston
Vice Mayor Sam Kaufman
Commissioner Gregory Davila
Commissioner Mary Lou Hoover
Commissioner Clayton Lopez
Commissioner Billy Wardlow
Yes
Yes
Yes
Yes
Yes
Yes
Commissioner Jimmy Weekley,,- Yes-
TERI: JOHNSTON,,MAYOR
AT;IjS
.. ..... ..... CHERYL SMITH,(C, Y CLERK
I
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OFFICE OF THE CITY ATTORNEY
PHONE: (305) 809-3770
FAX: (305) 809-3771
0
L_
0
THE CITY OF KEY WEST
POST OFFICE BOX 1409
KEY WEST, FL 33041-1409
WM,'V41,',E'(VVES'1 Q FY,Q()M
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
Sponsor: Commissioner Jimmy Weeklcy; Co -Sponsors: Mayor Johnston, Commissioners
Hoover, Kaufinan, Wardlow, and Lopez.
Meeting date: 1st reading August 20, 2019
EXECUTIVE SUMMARY
Pronosed Action: To create a new ordinance that bans the use and distribution of single -
use plastic drinking straws and stirrers in the City of Key West.
Background: th � gpd: At the request of Commissioner Weekley, e undersigned drafted this
proposed new ordinance that bans the use and distribution of single -use plastic drinking
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
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
Legislature -passed F.S. 403.7033 in 2008 that prevents local governments -from enacting
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
were submitted, but the Legislature never acted on them with new regulations. The Florida
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
l/l/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
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Fill
and F.S.900.50. The State of F'aloridajoined in the lawsuit against Coral Gables as well. E
0
The suit was filed in the 1. Ith Judicial Circuit (Nfiami-Dade County). The Circuit Court 0
Z:
ruled that F.S. 403.7033 was unconstitutionally vague and struck the statute. The Florida RL.
C)
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
ordinances on plastic containers, bags, and polystyrene are constitutional and reversed the
opinion of the lower court'. Therefore, cities cannot regulate plastic containers,
cr
polystyrenes, or plastic bags unless or until the state statutes are changed.
ili�ill I Efflimm
I I l'ill'ililil,ii 1,; 11111 03
Iiiii I i'lill! Mill 111! 11 1 Ill I
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clearing the way for cities and counties to pass ordinances like the one being considered
here.
I HERE INFERIOR I ill liii
1: all, iii
I I ii I i I F I I I i I I I I I I I ii i I 1 10 1 mg�i
Changes for 211 rtjgLing:
® Section 26-315 has been added, providing for exceptii for pre -packaged
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
INIFIiiiiiii lillillill: Fill!
entities such as Monroe County, the Monroe County School District, the State
I The City of Key West, as well as Miami -Dade County both sit in the 3rd DCA.
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2. Section 26-313(l) has been deleted. Possession of a straw is no longer being E
0
proposed. The distribution and selling of straws are prohibitions. 0
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3. Section 26-212 has minor wordsn-dthing to include stirrers in the definition. e:I
Qptions:
iii!l!ll!lolll� =1�11�11qp 1111 �1�1111111 I g='=jjjjjjRj"
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 d reading, thereby
banning the distribution and sale of single -use plastic straws or stirrers in the City
Recommendation: To pass the proposed ordinance.
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NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on December 11, 2019 at 1:30
P.M., or as soon thereafter as may be heard, in the Murray E. Nelson Government Center, 102050
Overseas Highway, Key Largo, Monroe County, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the following County ordinance:
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 VIII. ("PLASTIC
STRAWS AND STIRRERS") TO PROHIBIT THE
DISTRIBUTION OR SALE OF SINGLE -USE PLASTIC
BEVERAGE STRAWS OR STIRRERS COUNTYWIDE,
EXCEPT TO THE EXTENT OF A MUNICIPAL ORDINANCE
IN CONFLICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ALL ORDINANCES
INCONSISTENT HEREWITH; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES; PROVIDING FOR TRANSMITTAL TO THE
SECRETARY OF STATE AND PROVIDING FOR AN
EFFECTIVE DATE.
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to appeal any
decision made by the Board with respect to any matter considered at such hearings or meetings, he will
need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations in order to
participate in this proceeding, please contact the County Administrator's Office, by phoning (305) 292-4441,
between the hours of 8:30 a.m. - 5: 00 p.m., no later than five (5) calendar days prior to the scheduled meeting;
if you are hearing or voice impaired, call "711': Live Closed Captioning is available via our web portal
@ hgE.11monroecountEfl.L( m2.com for meetings of the Monroe County Board of County
Commissioners.
Dated at Key West, Florida, this 201' day of November, 2019.
(SEAL)
KEVIN MADOK, Clerk of the Circuit Court
and ex officio Clerk of the Board of County
Commissioners of Monroe County, Florida
Publication dates:
KW Citizen (Tu) 11/26/19 — Account # 143331 (BOCC)
Keys Weekly (Th) 11/28/19 - Account #2074 (BOCC)
News Barometer (Fr) 11/29/19 - Account # NB007 (BOCC)
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Commissioner Carruthers
ORDINANCE NO. - 2019
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
BEVERAGE STRAWS OR STIRRERS CO NTYWIDE,
EXCEPT TO THE EXTENT OF MUNICIPAL
ORDINANCE IN CONFLICT; IDING FOR
SEVERABILITY; PROVIDING F EAL OF ALL
ORDINANCES INCONSISTENT W PROVIDING
FOR INCORPORATION INT E MON COUNTY
CODE OF ORDINA PROVID FOR
TRANSMITTAL TO THE RETARY OF ST AND
PROVIDING FOR AN EFFE DAT
WHEREAS, the Board unty Com rs of Monroe ounty, Florida
(hereinafter `Board") finds that plas odegradab nking straws and stirrers constitute
a portion of the litter on our streets be s water dr waterways and oceans; and
WHEREAS, t nds it is e bes t of p c health, safety and welfare
of the residents, visi e to re li is on the land and in the waters
surrounding the Flo eys; an
WH S the f scarde gle-use plastic beverage straws and stirrers
are neith Table odeg an
EREAS, the d fi at in the orida Keys, as a string of islands surrounded
by water, arded non-bi rada astic straws and stirrers easily make their way from
being land- litter into earsh waters which can be catastrophic to our protected
marine animals ding vario pecies of sea turtles and manatees that are endangered and/or
protected; and
WHEREAS, re g the harm non-biodegradable plastic beverage straws and
stirrers have on the marin vironment, many responsible food and drink vendors throughout
the Florida Keys have already converted to plant-based drinking straws responsible; and
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
Commissioner Carruthers
Florida Keys and in the best interest of the health, safety and welfare of the residents of, and
visitors to, the Florida Keys; and
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, provided that such ordinance shall not be effective within a municipality that has adopted an
ordinance in conflict with the County ordinance, to the extent of such conflict; and
WHEREAS, the State of Florida has not preempted local governments from regulating
in the field of single use plastic straws and stirrers; and
WHEREAS, Governor Ron DeSantis, in his essage of HB 771, which was
enacted during the 2019 legislative session, stated th s prohibiting single-use plastic
straws have not frustrated any state policy or h e the st nterests, and that the State
should allow local communities to address this ' rough the p 1 process.
NOW THEREFORE, BE IT O ED BY THE B D OF COUNTY
COMMISSIONERS OF MONROE COUNT RID
SECTION 1. Chapter 12 o onroe Code of Ordinances entitled
"Environment and Natural Res ou tion" is by amended to create Article
VIII. entitled "Plastics" to read as fo s:
(Inserted langu underli dele e a ars st,ie e n Arm,"
ART VIIL STIC S SAND IRRERS
ion 12-
lie of%thise, the following terms shall have the
asc mea
AN unless expressly stated otherwise:
Medical or dental facility means hospitals, skilled nursing
facilities, physician offices, dentist offices and other State licensed
healthcare facilities.
R ablishment means any person or entity engaged in
the ail sale of food, drinks, or goods. Retail
establishment includes any supermarket, grocery store, bar,
restaurant, convenience stores, shop, service station,
farmer's market vendor, special events vendors, all county-
contracted vendors, and any other sales outlet where a
customer can directly purchase goods, materials, and
products.
Single-use plastic beverage straw or stirrer means a tube or
stylus, intended for only one-time use, that is made
Page 2 of 4
Commissioner Carruthers
predominantly of plastic derived from either petroleum or a
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
compostable and biodegradable petroleum or biologically
based polymer straws, but do not include straws or stirrers
that are made from non-plastic materials, such as paper,
sugar cane, bamboo, or other similar materials.
Section 12-191. Prohibitions.
Except within a municipality an ordinance in
conflict with this ordinancadhiMball be wful for any retail
establishment to sell o ibute sin le lastic beverage
straws or stirrers.
It shall be unlawful fo%an6blic jj&tionNdis 6e plastic
straws or stirrAWor use.
Section 12-192. Penal ns of th inance may be punished
in an manner as ws:
(1) ation.
code m liance law enforcement officer may, upon
erva a viola issue a notice to appear pursuant to.
An on or t shment found in violation of Sec.
-191 be unis e b a fine of a to $500.00.
Admi tive of Violation
a. A c om lia ce officer may, upon discovery of a violation
issue tice of violation pursuant to Sec. 8-28.
Any on or retail establishment found in violation of Sec.
ay be fined pursuant to Sec. 8-31.
Section 12-193. Exceptions.
L The prohibition in Sec. 12-191. shall not apply to:
(aa) Pre-packaged beverages with plastic straws sold or
distributed provided that such beverages are
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Commissioner Carruthers
prepared and packaged outside of Monroe County,
Florida and are not altered, packaged or repackaged
within Monroe County, Florida.
Medical or dental facilities.
(c) The use of single-use plastic beverage straws or
stirrers by any disabled person who requires or
relies on the use of a straw or stirrer to consume
beverages and/or food supple
SECTION 2. Severability. If any section, subsec ' ce clause, or provision of this
ordinance is held by a court of competent juris 'c to valid, the remainder of this
ordinance shall not be affected by such invalidity
SECTION 3. Conflict. All ordinances or p f ordinances in con ith this ordinance are
hereby repealed to the extent of said conflict.
SECTION 4: Effective Date. T ance shal ed with the Department of State and
shall be effective as provided in Secti 2) Flori tutes.
SECTION 5: Enforce To allow e for uals a tailers to expend their current
stock of plastic straw s and p e ti ansi to reusable, recyclable, or
compostable altern as s to al e al period, enforcement of this
ordinance will not co ce unti uary 1,
PA D A oar County Commissioners of Monroe County,
Florida ting id Bo he day of
2019.
May eat he rruthers
Mayor Tem elle Coldiron
Commis er District I, vacant
ommis er David Rice
er Sylvia Murphy
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
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