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File Number: 16-01258
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTT AND THE FLORIDA LEGISLATURE TO AMEND FLORIDA SECTION
506.5131, FLORIDA STATUTES, TO PROVIDE MUNICIPALITIES THE AUTHORITY
TO REGULATE LOST, STOLEN OR ABANDONED SHOPPING CARTS; FURTHER
DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO
THE OFFICIALS STATED HEREIN.
WHEREAS, the State of Florida Legislature has seen fit to criminalize the illegal possession
and use of retail shopping carts; and
WHEREAS, although some retail stores have taken it upon themselves to add electronic
devices that prevent shopping carts from being taken from their retail shopping area, many other retail
outlets have not; and
WHEREAS, these lost, stolen or abandoned shopping carts create a hazard in the community
and in particular to the residents of the City of Miami ("City"); and
WHEREAS, retail owners have the ability to deter, prevent or mitigate the removal or theft of
shopping carts from their retail areas and many have chosen to not do so; and
WHEREAS, municipalities, including the City, are preempted by Section 506.5131, Florida
Statutes, from requiring retail owners to implement any proactive measures., including but not limited to
requiring electronic devices to be added to all shopping carts; and
WHEREAS, municipalities should be given the authority to cite, fine, and/or confiscate these
lost, stolen or abandoned shopping carts;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as fully set forth in this Resolution.
Section 2. The City Commission hereby urges the Florida Legislature to amend Section
506.5131, Florida Statutes, to provide municipalities the authority to regulate lost, stolen or abandoned
shopping carts.
Section 3. The City Commission directs the City Clerk to transmit a copy of this Resolution to
Governor Rick Scott and the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor. {1}
City of A47ami Page l of 2 File Id: 16-01258 (Version: 1) Printed On: 9/7/2016
File Number: 16-01258
APPROVED AS TO FORM AND CORRECTNESS:
VIC . RIA ME DEZ
CITYATTORNEY s
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City.
City of Miami Page 2 of 2 File Id: 16-01258 0ersiow 1) Pri».ted Ort: 917/2016