HomeMy WebLinkAboutR-17-0173City of Miami
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Legislation
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Resolution R-17-0173
File Number: 1939
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/13/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR
RICK SCOTT AND THE FLORIDA LEGISLATURE TO REPEAL SECTION
403.7033, FLORIDA STATUTES, TO REMOVE THE PREEMPTION AGAINST
MUNICIPALITIES FROM REGULATING THE USE, DISPOSITION, SALE,
PROHIBITION, RESTRICTION, OR TAX OF DISPOSABLE PLASTIC BAGS;
FURTHER DIRECTING THE CITY CLERK TO TRANSMIT A COPY OF THIS
RESOLUTION TO THE OFFICIALS STATED HEREIN.
WHEREAS, according to research conducted by the Environmental Protection Agency,
somewhere between five hundred billion and one trillion disposable plastic shopping bags are
used each year around the world; and
WHEREAS, a study conducted in 2010 found that 192 countries with a coast bordering
an ocean produced a total of 2.5 billion metric tons of solid waste of which 275 million metric
tons were plastic, including disposable plastic shopping bags; and
WHEREAS, the study further showed most of that plastic waste was delivered to landfills
but an estimated 8 million metric tons of mismanaged plastic waste, including disposable plastic
shopping bags, entered the oceans in 2010; and
WHEREAS, another more recent study reflected that an estimated 269,000 tons of
plastic were floating on the surface of the sea in agglomerations that can coalesce into giant
"garbage patches" while much more plastic waste lies beneath the surface, for instance, as
broken -up bits that are ingested by marine life; and
WHEREAS, the City of Miami ("City") is largely a coastal community which is particularly
vulnerable to the negative impacts of disposable plastic shopping bags on the environment; and
WHEREAS, living organisms, particularly marine animals living just off the City's shores,
can be affected through entanglement, direct ingestion of plastic waste, or through exposure to
chemicals within plastics that cause interruptions in biological functions; and
WHEREAS, disposable plastic shopping bags are difficult to recycle and frequently
contaminate material that is processed through the City's recycling programs; and
WHEREAS, replacing disposable plastic shopping bags with reusable bags is
considered a quick and easy way to reduce waste and litter, protect wildlife, and conserve
resources; and
WHEREAS, the City Commission acknowledges that some businesses have taken
affirmative steps to accomplish this goal and recognizes their proactive efforts; and
WHEREAS, Section 403.7033, Florida Statutes, currently preempts municipalities from
imposing any regulations regarding the use, disposition, sale, prohibition, restriction, or tax of
disposable plastic shopping bags; and
City of Miami Page 1 of 2 File ID: 1939 (Revision:) Printed On: 8/21/2017
File ID: 1939
Enactment Number: R-17-0173
WHEREAS, it is in the best interest of the citizens and residents of the City for the
Florida Legislature to remove the existing state preemption and provide for local regulation of
disposable plastic shopping bags;
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 repeal Section
403.7033, Florida Statutes, to remove the preemption against municipalities from regulating the
use, disposition, sale, prohibition, restriction, or tax of disposable plastic shopping bags.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor
Rick Scott and to the members of the Florida Legislature.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS
1
4na dez, Giky Attar iey 4/3/2017
I 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 Commission.
City of Miami Page 2 of 2 File ID: 1939 (Revision:) Printed on: 8/21/2017