Loading...
Ordinance 044-2019 Commissioner Carruthers ORDINANCE NO. 044 - 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 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. WHEREAS, the Board of County Commissioners of Monroe County,Florida(hereinafter "Board") finds that plastic, non-biodegradable drinking straws and stirrers constitute a portion of the litter on our streets, beaches, stormwater drains, waterways and oceans; and WHEREAS, the Board finds it is in the best 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 the Florida Keys; and WHEREAS, the board finds that discarded single-use plastic beverage straws and stirrers are neither readily recyclable nor biodegradable; and WHEREAS, the Board finds that in the Florida Keys, as a string of islands surrounded by water, discarded non-biodegradable plastic straws and stirrers easily make their way from being land-based litter into our nearshore waters which can be catastrophic to our protected marine animals including various species of sea turtles and manatees that are endangered and/or protected; and WHEREAS,recognizing the harm non-biodegradable plastic beverage straws and stirrers have on the marine environment, 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 DeS antis, in his veto message of HB 771, which was enacted during the 2019 legislative session, stated that ordinances prohibiting single-use plastic straws have not frustrated any state policy or harmed the state's interests, and that the State should allow local communities to address this issue through the political process. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SECTION 1. Chapter 12 of the Monroe County Code of Ordinances entitled "Environment and Natural Resource Protection" is hereby amended to create Article VIII. entitled "Plastics" to read as follows: (Inserted language appears underlined; deleted language appears stricken through) ARTICLE VIII. PLASTIC STRAWS AND STIRRERS Section 12-190. Definitions. (a) For the purpose of this article, the following terms shall have the ascribed meanings unless expressly stated otherwise: Medical or dental facility means hospitals, skilled nursing facilities, physician offices, dentist offices and other State licensed healthcare facilities. Retail Establishment means any person or entity engaged in the retail 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 predominantly of plastic derived from either petroleum or a Page 2 of 4 Commissioner Carruthers 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. (1) Except within a municipality which has adopted an ordinance in conflict with this ordinance, it shall be unlawful for any retail establishment to sell or distribute single use plastic beverage straws or stirrers. (2) It shall be unlawful for any public institution to distribute plastic straws or stirrers for use. Section 12-192. Penalties. Violations of this ordinance may be punished in any manner as follows: (1) Citation. a. A code compliance or law enforcement officer may, upon observation of a violation, issue a notice to appear pursuant to. Sec. 8-68. b. Any person or retail establishment found in violation of Sec. 12- 191 shall be punishable by a fine of up to $500.00. (2) Administrative Notice of Violation a. A code compliance officer may, upon discovery of a violation, issue a notice of violation pursuant to Sec. 8-28. b. Any person or retail establishment found in violation of Sec. 12- 191 maybe fined pursuant to Sec. 8-31. Section 12-193. Exceptions. (1) The prohibition 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, Florida and are not altered, packaged or repackaged within Monroe County, Florida. Page 3 of 4 Commissioner Carruthers (b) 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 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. SECTION 3. Conflict. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. SECTION 4: Effective Date. This Ordinance shall be filed with the Department of State and shall be effective as provided in Section 125.66(2), Florida Statutes. SECTION 5: Enforcement: To allow time for individuals and retailers to expend their current stock of plastic straws and stirrers and provide time for a transition to reusable, recyclable, or compostable alternatives, as well as to allow for an educational period, enforcement of this ordinance will not commence until January 1, 2021. PASSED AND ADOPTED by the Board of County Commissioners of MonrocCounty,© : Florida, at a regular meeting of said Board held on the 11th day of December, 2019. oc- (,=," r- t / r=- o Mayor Heather Carruthers Yes r; o N Mayor Pro Temn Michelle Coldiron Yes `> -0 x) R %t`f° 1Y' Commissioner District I Vacant Vacant m"` ;.j4.-.-.'\;:= N t Commissioner David Rice Yes -., i MTh - Commissioner Sylvia Murphy Yes 01 .fr ippeirt s;:ktleir' - , -Fint,,, °�, S-E )I ��° BOARD OF COU TY COMMISSIONERS '' `Xt: A N MADOK, Clerk OF MONROE C N FLORIDA By: �tititi41 By: Deputy Clerk Mayor ather Carruthers MONROE COUNTY ATTORNEY APPROVED TO FORM RO RT B. S W NGER JR. J Page 4 of 4 Coury A r Dete i . • A I I I I[41 11 I Z EK E I't w E s TN The Florida Keys Only Daily Newspaper, Est. 1876 PO Box 1800,Key West FL 33041 P:(305)292-7777 ext.219 F:(305)295-8025 legals@keysnews.com RECEIVED MONROE CO ADMIN/BOCC DEC 1 3 2019 THE HISTORIC GATO BUILDING 1100 SIMONTON ST SUITE 2-205 KEY WEST FL 33040 MONROE COUNTY ATTORNEY Account: 143331 Ticket: 322782 PUBLISHER'S AFFIDAVIT STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER COUNTY OF MONROE ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT Before the undersigned authoritypersonallyappeared MAY CONCERNP. that on sooDecn her 1f- 9 PP 2019 at 1:30 P.M., or as soon thereaf- ter as may be heard,in the Murray E. m13G1os Nelson Government Center, 102050 who on oath says that he or she is Overseas Highway,Key Largo,Monroe County, Florida, the Board of County ao /�r,�^ ^ D Commissioners of Monroe adoption of the following County ordinance: ANOF paper published in Key West, i onroe County, Florida;that the attached copy of advertisment, beinga legal notice in the matter of ORDINANCE 12.11 was CO ORDINANCE SIY NERTHE BOARD N- 9 COUNTY COMMISSIONERS OF MON- published in said newspaper in the issues of: ROE COUNTY, FLORIDA AMENDING CHAPTER 12.OF THE MONROE COUN- TY CODE("ENVIRONMENT AND NATU- Tuesday, November 26, 2019 RAL RESOURCE PROTECTION")BY CRE- ATING ARTICLE VIII.("PLASTIC STRAWS AND STIRRERS")TO PROHIBIT THE DIS- TRIBUTION OR SALE OF SINGLE-USE Affiant further says that the Key West Citizen is a newspaper published in Key PLASTIC BEVERAGE RERS COOUNNTTYRAWE T O WIDE,EXCCEEPTT TO West, in said Monroe County, Florida and that the said newspapers has hereto- THE EXTENT OF A MUNICIPAL ORDI- fore been continuously published in said Monroe County, Florida every day, and sNANCE IN CONFLICT; PROVIDING FOR has been entered as periodicals matter at thepost office in KeyWest, in said OF AL BORDI PANCES INCONSISTENT N CON TENL OF ALL ORDINANCES II Monroe County, Florida,for a period of 1 year next preceding the first publication HEREWITH;PROVIDING FOR INCORPO- of the attached copy of advertisement;and affiant further says that he or she has RATION INTO THE MONROE COUNTY CODE OF ORDINANCES; PROVIDING neither paid nor promised any person,firm or corporation any discount, rebate, FOR TRANSMITTAL TO THE SECRETARY commission or refund for the purpose of securing this advertisement for publica- FEOFCT STATEIVE ANDDATE. PROVIDING FOR AN EF- tion in the said news aper. a----- Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to appeal any decision made by (, nature ofAffiant) the Board with respect to any matter considered at such hearings or meet- ings,he will need a record of the pro- A d rnd �' - bed before me this 3rd day of December 2019 ceedings, and that, for such purpose, f, I he may need to ensure that a verba- tim record of the proceedings is made, • /' ••/ /, which record includes the testimony and evidenc(Not.it 'ublic Ignatu T. to be based.a upon which the appeal is ,"/ ,�/ �� ,� Mil* ADA ASSISTANCE:If you are a person • ,1R. with a disability who needs special (Notary Pu• lc Printed Name) (Notary -` accommodations in order to partici- � -'- pate in this proceeding,please contact � r the County Administrator's Office, by My commission expires •,'�. phoning(305)291-4441, between the yhnN„p, hours of 8:30 a.m. -5:00 p.m., no lat- er than five(5)calendar days prior to (f� the scheduled meeting;if you are hear- Personally Known X Produced Identification_ C iCoerd vCcpet iiopagir eisd,a cvaalill a"b7le1 1 v"ia Live web portal CO http://monroecountyfl. Type of Identification Produced N E= igm2.com for meetings of the Mon- roe County Board of County Commis- sinners. Dated at Key West, Florida, this 20th r day of November,2019. KEVIN MADOK, Clerk of p.� the Circuit Court and ex officio Clerk of FO la the Board of County Commission- !V ers of Monroe County,Florida 11/26/19 Key West Citizen NOTICE OF INTENTION TO WIMSE E K L CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on 1.1 December 11,2019 at 1:30P.M., RECEIVED or as soon thereafter as may be heard,in the Murray E.Nelson Published Weekly Government Center,102050 DEC 0 2 2019 Overseas Highway,Key Largo, Marathon,Monroe County, Florida Monroe County,Florida,the Board of County Commissioners of Monroe County,Florida,intends MONROE COUNTY C?TTQ}gft ' PROOF OF PUBLICATION folider the adoption of the �wingCountyodi ordinance: AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA OF MONROE COUNTY,FLORIDA, CHAPTER 12.0F COUNTY OF MONROE TEE MONROE COUNTYCODE ("ENVIRONMENT AND NATURAL Before the undersigned authority RESOURCE PROTECTION")BY personally appeared JASON KOLER who CREATING STRAWS AND SICLEVIII.I.()TO STIC on oath, says that he is PUBLISHER of PROHIBIT THE DISTRIBUTION OR SALE OF SINGLE-USE PLASTIC the WEEKLY NEWSPAPERS, a weekly BEVERAGE STRAWS OR STIRRERS newspaperpublished in Marathon, in COUNTYWIDE,TOFMUNI MUNICIPT TO PAL EXTENTOFAMUNICIPALORDI- Monroe County, Florida: that the NANCE iN CONFLICT;PROVIDING FOR SEVERABILITY;PROVIDING attached copy of advertisement was FOR REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; published in said newspaper in the PROVIDING FOR INCORPORATION issues of:(date(s)ofpublication) INTO THE MONROE COUNTY CODE OF ORDINANCES;PROVIDING FOR TRANSMITTAL TO THE SECRETARY N I� o V/em /er If/ Z/'$/i 19 OF STATE AND PROVIDING FOR AN EFFECTIVE DATE. Pursuant to Section 286.0105, Florida Statutes,notice is given that if a person decides to ap- peal any decision made by the Affiant further says that the said WEEKLY Board with respect to any matter considered at such hearings or NEWSPAPERS is a newspaper published meetings,he will need a record of the proceedings,and that,for at Marathon, in said Monroe County, such purpose,he may need to Florida,and that the said newspaper has ensure that a verbatim record of heretofore been continuously published the proceedings is made,which record includes the testimony and In said Monroe County, Florida, once evidence upon which the appeal is to be based. each week (on Thursday) and has been ADA ASSISTANCE:If you are a person with a disability who qualified as a second class mail matter at needs special accommodations the post office in Marathon, In Monroe in order to participate in this proceeding,please contact the County, Florida,for a period of one year County Administrator'sOffice,by phoning(305)292-4441,between next preceding the first publication of the hours of 8:30 a.m.-5:00 p.m., the attached copy of advertisement.The no later than five(5)calendar days prior to the scheduled meeting;if affiant further says that he has neither you are hearing or voice impaired, call"711"Live Closed Captioning paid nor promised any person, firm, or is available via our web portal corporation anydiscount, rebate, @http://meetings of pcorn for meetings of the Monroe commission or refund for the purpose of County Board of County Commis- sioners. securing this advertisement for Dated at Key West,Florida,this20' day of November,2019. publication in the said newspaper(s)and KEVINMADOK, that The Weekly Newspapers is in full Clerk of the Circuit Court and ex officio Clerk of the Board of compliance with Chapter 50 of the County Commissioners of Monroe County,Florida Florida State Statutes on Legal and Publish: November 28,2019 Official Advertisements. The Weekly Newspapers orn to nd bscribed before me ay of , 2019. (SEAL) - - l' �[ CHARLOTTE HRUSKA ,4 MY COMMISSION#GG 221835 _.�•%,o, EXPIRES:September 1,2022 Notary '.FOF,F:'0' Bonded Thru Notary Public Underwriters - • —4.! .4 �� ,� ', .11, '1 1J 1 E, Ke S e r K Key �� rs p , ,��_ -�, .un, r , ;:: � �, y. :,��, a ev a �e ugaroa Key I ,,, co 1 , e s ) \ j., _ ____ _,/ ,, __ews; iarOifl2teJ! rA "era} ,' --""—_`. :_i , ___ , ,, „„ ,,..,:„;.6. , 30330 Overseas Highway P.O. Box 431639 Big Pine Key, FL 33043 Phone: 305-872-0106 Fax: 305-515-2939 RECEIVED AFFIDAVIT OF PUBLICATION DEC Q 9 2019 STATE OF FLORIDA MONROE COUNTY ATTORNEY COUNTY OF MONROE Before the undersigned authority personally appeared Steve Estes, who on oath says that he is the Publisher for the News-Barometer, a weekly newspaper published each Friday in Big Pine Key, Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of: LEGAL NOTICE: INTENT TO CONSIDER ORD BANNING PLASTIC STRAWS, ETC: COUNTY ADMINISTRATOR, HISTORIC GATO BUILDING 1100 SIMONTON ST., SUITE 2-205, KEY WEST, FL 33040 was published in said newspaper in the issue(s) of: NOVEMBER 29, 2019 Affiant further says that the News-Barometer is a weekly newspaper published in Big Pine Key, in said Monroe County, Florida and that said newspaper has heretofore been continuously published in said Monroe County, Florida each week and has been entered as first-class mail matter at the post office in Big Pine Key, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the pur- pose of securing this advertisement for publication in said newspaper. ;>___,... Signature of Affiant w rn and subscriaed be ore me•this TH Day of DECEM ERR,, �2019, eScce-C iVerki(e-4 ignature o Notary Printed Name of Notary Expires w Y' d-- a- D Personally Known Produced Identification Type of Identification Produced R `°�� AA HEDR2 MY COMMISSION#GG241S8 � �q E�{pIRgS.October'06,2020 per/ 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 Vlli. ("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 http://monroecountvf,iam2.com for meetings of the Monroe County Board of County Commissioners. Dated at Key West,Florida,this 20th day of November,2019. KEVIN MADOK,Clerk of the Circuit Court (SEAL) and ex officio Clerk of the Board of County Commissioners of Monroe County,Florida �.t CCURt`11 ops°° °4g0# Kevin Madok, CPA -... Clerk of the Circuit Court&Comptroller— Monroe County, Florida December 20, 2019 Department of State Administrative Code&Register 500 S Bronough Street Tallahassee FL 32399-0250 To Whom It May Concern, Attached is an electronic copy of Ordinance No. 044-2019 amending Chapter 12 of the Monroe County Code ("Environmental 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. This Ordinance was adopted by the Monroe County Board of County Commissioners at a regular meeting,held in formal session, on December 11, 2019. Should you have any questions, please feel free to contact me at(305) 292-3550. Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court&Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Municipal Code County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 ,�� r l��h y�aq%�r✓r��fuai , yr w, .,. .,,.,,, ,,.,, ,.,, FLORIDA DEPARTMENT .. RON DESANTIS LAUREL M. LEE Governor Secretary of State December 23, 2019 Honorable Kevin Madok Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 Attention: Pam Hancock Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Monroe County Ordinance No. 044-2019, which was filed in this office on December 20, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.ft.us From: ords2municode.com To: Pete rs-Kajteri ne2 mon roecou ntv-fl.a ov; Pam Hancock Subject: Monroe County,FL Code of Ordinances-2008(14298)Supplement 20 Update 4 Date: Saturday,December 28,2019 7:35:24 AM Attachments: ATT00001.bin ATT00002.bin THIS IS AN AUTOMATICALLY GENERATED EMAIL Below, you will find the material that we have received/recorded to your account. This material is being considered for inclusion in your next/current update, Supplement 20 Update 4 Ordinance No. 04 -2019 12/11/2019 12/28/2019 P F Update the internet version of your Code more often than a printed supplement. We can post newly enacted ordinances We can update the Internet quarterly, monthly, in the online Code after each meeting. even weekly.