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HomeMy WebLinkAboutBack-Up from Law Dept414/2017 The 2016 Florida Statutes Title XXIX PUBLIC HEALTH 403.413 Florida Litter Law.— Statutes & Constitution :Mew Statutes: Online Sunshine Select Year: i 2016 ► Go Chapter 403 ENVIRONMENTAL CONTROL View Entire Chapter (1) SHORT TITLE.—This section maybe cited as the "Florida Litter Law." (2) DEFINITIONS.—As used in this section: (a) "Aircraft" means a motor vehicle or other vehicle that is used or designed to fly but does not include a parachute or any other device used primarily as safety equipment. (b) "Commercial purpose" means for the purpose of economic gain. (c) "Commercial vehicle" means a vehicle that is owned or used by a business, corporation, association, partnership, or sole proprietorship or any other entity conducting business for a commercial purpose. (d) "Dump" means to dump, throw, discard, place, deposit, or dispose of. (e) "Law enforcement officer" means any officer of the Florida Highway Patrol, a county sheriff's department, a municipal law enforcement department, a law enforcement department of any other political subdivision, or the Fish and Wildlife Conservation Commission. In addition, and solely for the purposes of this section, "law enforcement officer" means any employee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer. (f) "Litter" means any garbage; rubbish; trash; refuse; can; bottle; box; container; paper; tobacco product; tire; appliance; mechanical equipment or part; building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; sludge from a waste treatment facility, water supply treatment plant, or air pollution control facility; or substance in any form resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. (g) "Motor vehicle" means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor, or semitrailer combination or any other vehicle that is powered by a motor. (h) "Person" means any individual, firm, sole proprietorship, partnership, corporation, or unincorporated association. (i) "Vessel" means a boat, barge, or airboat or any other vehicle used for transportation on water. (3) RESPONSIBILITY OF LOCAL GOVERNING BODY OF A COUNTY OR MUNICIPALITY.—The local governing body of a county or a municipality shall determine the training and qualifications of any employee of the county or municipality or any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer. (4) DUMPING LITTER PROHIBITED.—Unless otherwise authorized by law or permit, itis unlawful for any person to dump litter in any manner or amount: (a) In or on any public highway, road, street, aLLey, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section; (b) In or on any freshwater lake, river, canal, or stream or tidal or coastal water of the state, including canals. When any Litter is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or httpalwww.leg,state.fl. uslStatutesli ndex.cfm?App_mede= to ispl ay_Statute&Search_Stri ng= &U RL=0400-0499104t}3/Secti ons10403,413.htm I 113 41412017 Statutes & Constitution :View Statutes: online Sunshine (c) In or on any private property, unless prior consent of the owner has been given and unless the dumping of such litter by such person will not cause a public nuisance or otherwise be in violation of any other state or local law, rule, or regulation. (5) DUMPING RAW HUMAN WASTE PROHIBITED.—Unless otherwise authorized bylaw or permit, it is unlawful for any person to dump raw human waste from any train, aircraft, motor vehicle, or vessel upon the public or private lands or waters of the state. (b) PENALTIES, ENFORCEMENT.— (a) Any person who dumps litter in violation of subsection (4) in an amount not exceeding 15 pounds in weight or 27 cubic feet in volume and not for commercial purposes is guilty of a noncriminal infraction, punishable by a civil penalty of $100, from which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program pursuant to s. 403.7095. In addition, the court may require the violator to pick up litter or perform other labor commensurate with the offense committed. (b) Any person who dumps litter in violation of subsection (4) in an amount exceeding 15 pounds in weight or 27 cubic feet in volume, but not exceeding 500 pounds in weight or 100 cubic feet in volume and not for commercial purposes is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court shall require the violator to pick up litter or perform other community service commensurate with the offense committed. Further, if the violation involves the use of a motor vehicle, upon a finding of guilt, whether or not adjudication is withheld or whether imposition of sentence is withheld, deferred, or suspended, the court shall forward a record of the finding to the Department of Highway Safety and Motor Vehicles, which shall record a penalty of three points on the violator's driver license pursuant to the point system established by s. 322.27. (c) Any person who dumps litter in violation of subsection (4) in an amount exceeding 500 pounds in weight or 100 cubic feet in volume or in any quantity for commercial purposes, or dumps litter which is a hazardous waste as defined in s. 403.703, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083. In addition, the court may order the violator to; Remove or render harmless the litter that he or she dumped in violation of this section; 2. Repair or restore property damaged by, or pay damages for any damage arising out of, his or her dumping litter in violation of this section; or 3. Perform public service relating to the removal of litter dumped in violation of this section or to the restoration of an area polluted by litter dumped in violation of this section. (d) A court may enjoin a violation of this section. (e) A motor vehicle, vessel, aircraft, container, crane, winch, or machine used to dump litter that exceeds 500 pounds in weight or 100 cubic feet in volume is declared contraband and is subject to forfeiture in the same manner as provided in ss. 932.703 and32.2.704. (f) If a person sustains damages arising out of a violation of this section that is punishable as a felony, a court, in a civil action for such damages, shall order the person to pay the injured party threefold the actual damages or $200, whichever amount is greater. In addition, the court shall order the person to pay the injured party's court costs and attorney's fees. A final judgment rendered in a criminal proceeding against a defendant under this section estops the defendant from asserting any issue in a subsequent civil action under this paragraph which he or she would be estopped from asserting if such judgment were rendered in the civil action unless the criminal judgment was based upon a plea of no contest or nolo contendere. (g) For the purposes of this section, if a person dumps litter or raw human waste from a commercial vehicle, that person is presumed to have dumped the litter or raw human waste for commercial purposes. (h) In the criminal trial of a person charged with violating this section, the state does not have the burden of proving that the person did not have the right or authority to dump the litter or raw human waste or that litter or raw human waste dumped on private property causes a public nuisance. The defendant has the burden of proving that he or she had authority to dump the litter or raw human waste and that the Litter or raw human waste dumped does not cause a public nuisance. (i) It shall be the duty of all law enforcement officers to enforce the provisions of this section, http:/Iwww.leg.state.fl.us/Statutes/index,cfrn?App mode=D isplay_Statute&Searci7 String=&URL=0400-0499/04031Secfions/0403.413.htmi 22 4/4/2017 Statutes & Constitution :View Statutes : Online Sunshine (j) Any person who violates the provisions of subsection (5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, however, that any person who dumps more than 500 pounds or more than 100 cubic feet of raw human waste, or who dumps any quantity of such waste for commercial purposes, is guilty of a felony of the third degree, punishable as provided in paragraph (c). (7) ENFORCEMENT BY CERTAIN COUNTY OR MUNICIPAL EMPLOYEES.—Employees of counties or municipalities whose duty it is to ensure code compliance or to enforce codes and ordinances may be designated by the governing body of the county or the municipality to enforce the provisions of this section. Designation of such employees shall not provide the employees with the authority to bear arms or to make arrests. (8) ENFORCEMENT OF OTHER REGULATIONS.—This section does not limit the authority of any state or local agency to enforce other laws, rules, or ordinances relating to litter or solid waste management. History. --ss. 1, 2, 3, 4, 4A, ch. 71-239; s. 1, ch. 75-266; s. 1, ch. 77-82; s. 1, ch. 78.202; s. 7, ch, 80.382; s. 1, ch, 82-63; s. 1, ch. 88-79; s. 56, ch. 88-130; s. 12, ch. 89-175; s. 14, ch. 89-268; s. 1, ch. 90-76; ss. 16, 17, ch. 91-286; s. 378, ch. 94.356; s. 1, ch. 95-165; s. 11, ch. 97-103; s. 205, ch. 99-245; s. 1, ch. 2005.200; s. 2, ch. 2007-184; s. 26, ch. 2012-88; s. 3, ch. 2016-174. Copyright © 1995-2017 The Florida Legislature • Privacy Statement • Contact Us http:Ilwww.leg.state.fl.usIStatutesfindex.cfm7App mode=Display_Statute&Search String=&URL=0400-0499104031Sections10403,413.html 313 The 2016 Florida Statutes Title XXXIII Chapter 500 View Entire REGULATION OF TRADE, COMMERCE, FOOD Chapter INVESTMENTS, AND SOLICITATIONS PRODUCTS 500.90 Regulation of polystyrene products preempted to department. --- The regulation of the use or sale of polystyrene products by entities regulated under this chapter is preempted to the department. This preemption does not apply to local ordinances or provisions thereof enacted before January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law. History.—s. 7, ch. 2016-61. Title XXIX Chapter 403 View Entire_ _Chapter PUBLIC HEALTH ENVIRONMENTAL CONTROL 403.708 Prohibition, penalty. --- (1) A person may not: (a) Place or deposit any solid waste in or on the land or waters located within the state except in a manner approved by the department and consistent with applicable approved programs of counties or municipalities. However, this act does not prohibit the disposal of solid waste without a permit as provided in s. 403.707(2). (b) Burn solid waste except in a manner prescribed by the department and consistent with applicable approved programs of counties or municipalities. (c) Construct, alter, modify, or operate a solid waste management facility or site without first having obtained from the department any permit required by s. 403.707. (2) A beverage may not be sold or offered for sale within the state in a beverage container designed and constructed so that the container is opened by detaching a metal ring or tab. As used in this subsection, the term: (a) "Beverage" means soda water, carbonated natural or mineral water, or other nonalcoholic carbonated drinks; soft drinks, whether or not carbonated; beer, ale, or other malt drink of whatever alcoholic content; or a mixed wine drink or a mixed spirit drink. (b) "Beverage container" means an airtight container that at the time of sale contains 1 gallon or less of a beverage, or the metric equivalent of 1 gallon or less, and that is composed of metal, plastic, or glass or a combination thereof. (3) The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation may impose a fine of not more than $100 on any person currently licensed pursuant to s. 561.14 for each violation of subsection (2). If the violation is of a continuing nature, each day during which such violation occurs constitutes a separate offense and is subject to a separate fine. (4) The Department of Agriculture and Consumer Services may impose a fine of not more than $100 against any person not currently licensed pursuant to s. 561.14 for each violation of the provisions of subsection (2). If the violation is of a continuing nature, each day during which such violation occurs constitutes a separate offense and is subject to a separate fine. (5) Fifty percent of each fine collected pursuant to subsections (3) and (4) shall be deposited into the Solid Waste Management Trust Fund. The balance of fines collected pursuant to subsection (3) shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund for the use of the division for inspection and enforcement of this section. The balance of fines collected pursuant to subsection (4) shall be deposited into the General Inspection Trust Fund for the use of the Department of Agriculture and Consumer Services for inspection and enforcement of this section. (6) The Division of Alcoholic Beverages and Tobacco and the Department of Agriculture and Consumer Services shall coordinate their responsibilities under this section to ensure that inspections and enforcement are accomplished in an efficient, cost-effective manner. (7) A person may not distribute, sell, or expose for sale in this state any plastic bottle or rigid container intended for single use unless such container has a molded label indicating the plastic resin used to produce the plastic container. The label must appear on or near the bottom of the plastic container product and be clearly visible. This label must consist of a number placed inside a triangle and letters placed below the triangle. The triangle must be equilateral and must be formed by three arrows, and, in the middle of each arrow, there must be a rounded bend that forms one apex of the triangle. The pointer, or arrowhead, of each arrow must be at the midpoint of a side of the triangle, and a short gap must separate each pointer from the base of the adjacent arrow. The three curved arrows that form the triangle must depict a clockwise path around the code number. Plastic bottles of less than 16 ounces, rigid plastic containers of less than 8 ounces, and plastic casings on lead-acid storage batteries are not required to be labeled under this subsection. The numbers and letters must be as follows: (a) For polyethylene terephthalate, the letters "PETE" and the number 1. (b) For high-density polyethylene, the letters "HDPE" and the number 2. (c) For vinyl, the letter "V" and the number 3. (d) For low-density polyethylene, the letters "LDPE" and the number 4. (e) For polypropylene; the letters "PP" and the number S. (f) For polystyrene, the letters "PS" and the number b. (g) For any other, the letters "OTHER" and the number 7. (8) A person may not distribute, sell, or expose for sale in this state any product packaged in a container or packing material manufactured with fully halogenated chlorofluorocarbons. Producers of containers or packing material manufactured with chlorofluorocarbons are urged to introduce alternative packaging materials that are environmentally compatible. (9) The packaging of products manufactured or sold in the state may not be controlled by governmental rule, regulation, or ordinance adopted after March 1, 1974, other than as expressly provided in this act. (10) Violations of this part or rules, regulations, permits, or orders issued thereunder by the department and violations of approved local programs of counties or municipalities or rules, regulations, or orders issued thereunder are punishable by a civil penalty as provided in s. 403.141. (11) The department or any county or municipality may also seek to enjoin the violation of, or enforce compliance with, this part or any program adopted hereunder as provided in s. 403.131. (12) A person who knows or should know of the nature of the following types of solid waste may not dispose of such solid waste in landfills: (a) Lead-acid batteries. Lead-acid batteries also may not be disposed of in any waste-to-energy facility. To encourage proper collection and recycling, all persons who sell lead -acid batteries at retail shall accept used lead -acid batteries as trade-ins for new lead -acid batteries. (b) Used oil. (c)1. Yard trash in lined landfills classified by department rule as Class i landfills, unless the Class I landfill uses an active gas -collection system to collect landfill gas generated at the disposal facility and provides or arranges for a beneficial use of the gas. A Class I landfill may also accept yard trash for the purpose of mulching and using the yard trash to provide landfill cover for municipal solid waste disposed at the landfill. The department shall, by rule, develop and adopt a methodology to award recycling credit for the use or disposal of yard trash at a Class I landfill having a gas -collection system that makes beneficial use of the collected landfill gas. A qualifying permitted Class landfill must obtain a minor permit modification to its operating permit which describes the beneficial use being made of the landfill gas and modifies the facility's operation plan before receiving yard trash as authorized under this subparagraph. The permittee must certify that gas collection and beneficial use will continue after closure of the disposal facility that is accepting yard trash. If the landfill is located in a county that owns and operates a compost facility, waste -to -energy facility, or biomass facility that sells renewable energy to a public utility and that is authorized to accept yard trash, the department shall provide the county with notice of, and opportunity to comment on, the application for permit modification. 2. Yard trash that is source separated from solid waste may be accepted at a solid waste disposal area if separate yard trash composting facilities are provided and maintained. The department recognizes that incidental amounts of yard trash may be disposed of in Class I landfills. In any enforcement action taken pursuant to this paragraph, the department shall consider the difficulty of removing incidental amounts of yard trash from a mixed solid waste stream, This limited exception applies in all units of local government, including, but not limited to, municipalities, counties, and special districts. However, the exception does not apply to a county that currently operates under a constitutional home rule charter authorized in 1956 in a statewide referendum. The limited exception to the ban on disposing of yard trash in a Class I landfill is not intended to have a material impact on current operations at existing waste -to -energy or biomass facilities. (d) White goods. History.—s. 1, ch. 74-342; s. 15, ch. 88.130; s. 18, ch. 93.207; s. 54, ch. 94-218; s. 398, ch. 94-356; s. 6, ch. 96-284; s. 1, ch. 97-23; s. 33, ch. 2000-153; s. 22, ch. 2000-211; s. 87, ch. 2007-5; s. 14, ch. 2007-184; ss. 1, 2, ch. 2010-276; HJR 3-A, 2010 Speciat Session A. 3111512017 Sec. 9-21. - Definitions. j Code of Ordinances I Bay Harbor Islands, FL I Municode Library ARTICLE II. - COLLECTIUI Sec, 9-21. - Definitions. For purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Bagging, bagged. Placement of garbage, waste or debris in a plastic bag with proper closure and securing of the opening of the bag so that it will not open and allow loose garbage, waste or debris to spill out of the bag onto the street or property. Biohazardous waste. Any solid waste or liquid waste which may present a threat of infection to humans. The term includes but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human -disease -causing agents; used disposable sharps; human blood, and human blood products, any body fluids; and other materials which represent a significant risk of infection to persons outside of the generating facility. Biohazardous waste contractor. A private waste contractor who collects and disposes of biohazardous waste. Bulk waste. Waste which requires special handling, including but not limited to, large boxes, cartons, containers, bulky quantities of papers and books, furniture, furnishings, bulky household items and all other accumulations of a nature other than garbage which are usual to housekeeping and to the operation of stores, offices and business places. Bulk yard waste. Waste which requires special handling, including but not limited to, any landscape debris too large to be bagged or containerized such as bushes and shrubbery, accumulation of tree branches, tree limbs or parts of trees which are up to three inches in diameter thickness and do not exceed four feet in length. Commercial establishment. An establishment dealing in an exchange of goods or services for money or barter. For the purposes of this chapter the term shall include but shall not be limited to churches, synagogues and schools when applicable. Commercial refuse. All solid waste produced by commercial establishments. Construction materials. Wood, masonry or other materials used in construction, remodeling or repair of buildings or structures. Curbside. Areas between the sidewalk and street edge; or in areas without sidewalks, the area between the edge of the traveled portion of any public or private street and the property line not to exceed ten feet, and no closer than ten feet to the adjacent property. Dumpster. A container approved by the waste industry with a tight -fitting top and a minimum capacity of one-half cubic yard or 100 gallons, approved for use by the town, For purposes of this chapter, compactor containers shall be considered dumpsters. Expanded polystyrene foam. Blown polystyrene and expanded and extruded foams which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion -blow molding (extruded foam polystyrene). Expanded polystyrene foam products. All plates, bowls, cups, lids, trays, food containers, coolers, ice chests, and all similar articles that consist of Expanded Polystyrene Foam. (Expanded polystyrene foann products are commonly but incorrectly referred to as "Styrofoam.") Food service business, Restaurants (defined below), stores, vending trucks, food carts, and any other businesses selling or providing food and drink for consumption on or off the premises or at events. Garbage. Every refuse accumulation and all waste materials of any type and nature formerly used by humans, human consumption and use, including, but not limited to, food, food byproducts, kitchen waste, https:/Iwww.manicode.com/libraryffk/bay harbor, islands/cedes/code of ordinances?nodeld=PTIICODR CHgSOWACp ARTI]CO_SO-21DE 113 3/15/2017 Sec. 9-21. - Definitions. I Code of Ordinances I Bay Harbor Islands, FL I Muni code Library nonbulky paper and paper products, cans, boxes, food containers of any type and all other materials that are subject to decay, putrification and degeneration and/or production of noxious or offensive gases or odors, or which during or after decay may serve as breeding or feeding materials for flies or other germ -carrying insects. Garbage can or container. A container of a size and capacity suitable for holding bagged garbage or trash, which container shall be subject to the approval of the town, and which shall have a tight -fitting solid top. Garbage or waste facility. Includes dumpster and waste container. Garbage or waste storage facility. A structure enclosed on bottom and all sides (except the top which may be open or closed) constructed of solid material and having sufficient capacity to hold all garbage facilities required for a particular establishment. A town permit shall be required for construction of this storage facility and it shall be so constructed as to be compatible in appearance with the building which it services. Hazardous waste. Solid waste or a combination of solid wastes, which, because of its quality, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious Irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated or otherwise managed. Such wastes include, but are not limited to, oils, paint, lead -acid batteries, chemicals, whole tires, biohazardous wastes. Hazardous waste contractor. A private waste contractor who collects and disposes of hazardous waste. Industrial waste. All waste and debris generated by construction, land clearing, excavating of structures, roads, streets, sidewalks or parkways, including waste collected for recycling, and including, but not limited to, oil, grease and petroleum. Landscape debris. The refuse attending the care of lawns, shrubbery, vines, palms and trees, including, but not limited to, all accumulation of lawn grass, or shrubbery cuttings or clippings and leaf rakings (free of dirt, rocks, tree branches, limbs, parts of trees, bushes, and bulky or noncombustible materials), all of which can be containerized in waterproof containers. Landscape firm. Landscape architects, landscape contractors, landscape maintenance firms, gardeners and persons doing business in the town and creating garden trash or special handling trash. Multifamily residence. A building occupied or intended to be occupied by two or more families living separately with separate cooking facilities in each unit. Occupant. Any person using or having actual possession of any building, lot, premises, or part thereof. Operator or manager. Any person who has control or use of or is in charge of or has responsibility for the care of any building or lot, or premises or part thereof. Owner. Any person, firm, corporation or other legal entity, who individually, jointly or severally with others, holds the legal or beneficial title to any building, facilities, equipment or premises subject to the provisions of this chapter. The term shall include the owner's duly authorized agent, a purchaser, devisee, fiduciary, property holder or any other person, firm, corporation or legal entity having a vested or contingent interest, or in the case of a leased premises, the legal holder of the lease, or his legal representative. It is intended that this term shall be construed as applicable to the person, firm, corporation or legal entity responsible for the construction, maintenance and operation of the building, facilities or premises involved. Person. Any individual, firm, association, joint venture, partnership, limited partnership, corporation, joint stock association, estate, trust, syndicate, fiduciary or business entity, whether singular or plural, public or private. Private waste collector/contractor: Any person or firm engaged in the business of collecting and disposing of waste within the town limits of Bay Harbor Islands who has a current occupational license for conducting such activity issued by the town. Recyclable material. Those materials which are capable of being recycled and which would otherwise be processed or disposed of as waste. https:llwww.municode.comllibrarylfl/bay_harbor islandstoodes/code_of ordinances?nodeld=PTIICOOR CHgSOWACO ARTllCO_S9-21DE 2r3 3/15/2017 Sec. 9-21. - Definitions. I Code of Ordinances I Bay Harbor Islands, FL I Municode Library Recycling. Any process by which materials which would otherwise become solid waste, are collected, separated, or processed to be reused or returned to use in the form of raw materials or products. Recycling container. A container approved by the town for use for collection of recyclable material by the town or by approved town licensed contractor. Recycling contractor. A contractor licensed by the town to collect recyclable materials and transport them to a state- or county -licensed recycling facility for processing which will return them to use in the form of raw materials or products. Residential refuse. All garbage and rubbish originated in a dwelling or residence, whether single-family or multifamily. Restaurant. A commercial establishment maintained and operated as a place where food is regularly prepared, served or sold for immediate consumption on or about the premises, or a commercial establishment where prepared food is called for, delivered to or taken out by customers, not otherwise provided for herein. Roll off compaction container. A roll off designed to hold or receive compacted trash or garbage. Roll off container. An open metal container approved for use by the flown, with a minimum capacity of ten cubic yards, designed to be transported by a motorized vehicle, used for the purpose of removing construction debris, which includes rock, metal and other materials used in connection with a construction project or for the removal of large quantities of trash and bulky waste. Roll off contractor. A private waste contractor licensed by the town who uses roll off containers for the collection and disposal of construction debris and large quantities of bulky waste but not garbage or commercial refuse. Rubbish or trash. Refuse accumulations of paper, excelsior, rags, wooden or paper boxes or containers, sweepings and all other accumulations of a nature other than garbage, which are usual to housekeeping and to the operation of stores, offices, and other business places; any bottles, cans, or other containers, which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water -breeding insects; trash shall not include industrial waste as defined above. Special handling garden trash. Accumulation of palm fronds, bushes, shrubbery, tree branches, tree limbs, parts of trees, that are over three inches in diameter and not exceeding four feet in length, all of which is too large to be containerized. Trash. Any small quantity of non -garden trash, such as boxes, cartons, containers, etc. Waste container. A container made of durable plastic of a capacity provided by the town for collection of solid waste awaiting pickup and disposal. Such container shall have two wheels for transporting, a metal bar by which it may be lifted, and shall have a water tight attached solid top. Waste/solid waste. Includes bulky waste, commercial refuse, garden trash, tree and shrubbery trash, garbage, refuse, rubbish, special handling trash, trash, hazardous waste, biohazardous waste, industrial waste, residential refuse, white goods, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, and commercial operations. White goods. Discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. Yard waste. Refer to "Landscape debris." (Ord. No. 518, § 9, 7-13-92; Ord. No. 668, § 6 https:/www.mun!ccdo.c.omAibrary/Fl/bay_harbor islands/codes/code of ordinances?nodeld=PTIICOOR 0H9SOWACO AR`rIICO S9-21DE 313 3!15!2017 Sec. 9-27. - Prohibition of expanded polystyrene products. I Code of Ordinances I Bay Harbor Islands, FL I Municode Library Sec. 9-26. - Littering; throwing material in drains and sewers. It shall be unlawful to throw any paper, trash, garbage or debris upon any street, alley, park, waterway, bay or other public or private property in the town; or to cast or throw or cause to be cast or thrown into any of the gutters, drains or sewers within the Town of Bay Harbor Islands any garbage, trash, tree or grass cuttings, or other substance calculated to cause any obstruction or nuisance to the gutters, drains, or sewers. (Ord. No. 933, § 1(Fxh. A), 3-12-2012) Sec. 9-27. - Prohibition of expanded polystyreneproducts. Food service businesses shall be prohibited from selling or providing food and drink in or on expanded polystyrene foam products in the Town of Bay Harbor Islands. (Ord. No. 973, § 1, 3-9-15) Sec. 9-25. - Penalty; notice; lien. (a) Any person who shall violate any of the provisions of this chapter shall be punished in accordance with the provisions of section 1-8. (b) Violation of the provisions of this chapter creates a civil liability in addition to the penalty provisions of section 1-8. The civil liability of the owner, operator and occupant of the property shall be as follows: (1) The town shall have the right to remove any container, garbage or trash, landscape debris, special - handling landscape debris and trash that is in violation of this chapter, and to levy and charge the owner of the property a fee as determined by the town but in the amount of not less than $50.00 for each violation, plus the costs to the town of removal and/or correction of any violation of this chapter. (2) Notice of the fee charged by the town for violation shall be sent to the property owner, operator or - occupant at the last address of record by certified mail, return receipt requested and regular mail. (3) Any owner, operator, or occupant who violates any provision of this chapter shall be subject to the provisions of chapter 5% of the Code and shall be entitled to notice and a hearing as provided therein. (4) The town shall have the right to suspend any occupational license issued by the town to an owner, operator, or occupant until all violations have been satisfied and all penalties have been paid. (5) All fees pursuant to this chapter that are not paid within 30 days after mailing notice shall constitute, and are hereby imposed as, special assessment liens against the real property aforesaid, and until fully paid and discharged, or barred by law, shall remain liens equal in rank and dignity with the lien of the flown ad valorem taxes. Unless otherwise provided in this chapter, such fees shall become delinquent if not fully paid within 30 days after the due date. Delinquent fees not paid within 30 days from the date same became due and payable shall be increased by ten percent of the fee. Thereafter, delinquent fees and penalty assessment shall accrue interest monthly at the highest statutory rate until paid. Unpaid and delinquent fees, together with all penalties imposed thereon, shall remain and constitute special assessment liens against the real property involved for a period of ten years from the due date thereof, and be renewed. Such special assessment liens for fees and penalties may be enforced by any of the methods provided in F.S. ch. tib or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provision of F.S. ch. 173 or the collection and enforcement of payment thereof may be accompanied by any other method authorized by law. (B) All delinquent fees pursuant to this section shall constitute special assessment liens and the town clerk shall cause to be filed in the office of the clerk of the circuit court of the county a notice of lien or statement showing a legal description of the real property against which the lien is claimed, its location by street and number, the name of the owner as reflected by the records of the town, an accurate statement of the total amount of unpaid and delinquent fees claimed to be due, and a copy of such notice of lien shall be mailed to the owner of the property involved, as shown by the records of the town. Such notices of lien shall be filed in a special lien docket book maintained by the clerk for the circuit court or of the town for such purpose, which shall contain such liens as have been filed. Such liens, if filed, may be discharged and satisfied by the payment to the town of the aggregate amounts specified in the notice of lien, together with interest thereon from the date of filing of the lien, of filing of the lien, hUps:ilwww.munloode.com/librarylfl/bay_harbor, islandslcodes/code_of ordinances?nodeld=PTIICOOR CH9SOWACO ARTIIC0_S9-27PREXP0PR 112 311 5120 1 7 Sec. 9-27. - Prohibition of expanded polystyrene products. I Code of Ordinances I Bay Harbor Islands, FL I Municode Library computed at the highest statutory rate, together with administrative costs and filing and recording fees. When any such lien has been paid or discharged, the town shall promptly cause evidence of the satisfaction and discharge of such lien to be entered in the waste lien docket book and in the public records. Any person, firm, corporation or legal entity, other than the present owner of the property involved, who pays any such lien shall be entitled to receive an assignment of the lien held by the town and shall be subrogated to the rights of the town in respect to the enforcement of such lien. (7) The town shall recover attorney's fees, court costs, and costs of enforcement and investigation in any action to enforce this chapter. (8) The town manager is hereby delegated and shall have the full authority of the town council to promulgate regulations to enforce and administer the provisions of this chapter. (Ord. No. 518, § 14, 7-13-92; Ord. No. 668, § 10, 8-14-2000; Ord. No. 933, § 1(Exh. A), 3-12-2012; Ord, No. 973, § 1, 3-9-2015) Editor's rote— Formerly numbered as 9-27. https:llwww.municode.comllibrarylfl/bay harbor_islandslcodeslcede of ordinances?nodeld=PTIICOOR CH9sOWACD ARTIICO_S9-27PREXPOPR 222 3115!2017 Sec. 11-4. - Prohibitions of polystyrene. I Code of Ordinances I Bal Harbour, FL. i Municode Library Sec. 11-4. - Prohibitions of polystyrene. (a) Legislative intent. Expanded Polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded Polystyrene is a common pollutant, which fragments into smaller, non -biodegradable pieces that are harmful to marine life, other wildlife, and the environment. The Village's goals are to reduce the use of expanded polystyrene and encourage the use of reusable, recyclable, or compostable alternatives. (b) Definitions. For purposes of this section only, the following definitions shall apply: Village Contractor means a contractor, vendor, lessee, concessionaire of the Village, or operator of a Village facility or property. Expanded Polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). Expanded Polystyrene Containers means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. Village Property includes, but is not limited to, any buildings, structures, parks, land owned, operated, or managed by the Village as well as any beaches located within the geographic boundaries of the Village. Special Event Permittee means any person or entity issued a special event permit by the Village for a special event on Village Property. (c) Prohibited use of Expanded Polystyrene: (1) It shall be unlawful for any person to carry anExpanded Polystyrene Container onto any beach within the Village. (2) It shall be unlawful for any business located within the Village to provide the service or delivery of any beverage or food item contained in an Expanded Polystyrene Container to patrons on Village Property. (3) Village contractors and Special Event Permittees shall not sell, use, provide food in, or offer the use of Expanded Polystyrene within the Village. A violation of this section shall be deemed a default under the terms of the Village contract, lease or concession agreement and is grounds for revocation of a special event permit. This subsection shall not apply to Expanded Polystyrene Containers used for prepackaged food that have been filled and sealed prior to receipt by the Village Contractor or Special Event Permittee. (Ord. No. 577, § 2, 11-18-14) Secs. 11-5-11-25. - Reserved https:llwww.municode.comllibrarytnlbal harbourlcodesteode of ordinances?nodeld=PTIICOOR_CH91NU ARTIINGE S11-4PRP0 111 3/27/2017 Miami, FL Code of Ordinances ARTICLE III. - BAYFRONT PARK MANAGEMENT TRUST Sec. 38-101. - Bayfront Park Management Trust created. There is hereby created and established a limited agency and instrumentality of the city to be known as the "Bayfront Park Management Trust." Use of the term "trust" in this article shall mean the Bayfront Park Management Trust. (Ord. No. 10348, § 1(1), 11-19-87; Code 1980, § 38-71) Sec. 38-102. - Purpose. The trust shall direct, operate, manage and maintain all aspects of the city -owned property known as Bayfront Park (hereinafter referred to as "park"), for the purposes of ensuring maximum community utilization and enjoyment. The trust shall endeavor to attract organized activities and functions to the park consistent with this purpose. (Ord. No. 10348, § 1(2), 11-19-87; Code 1980, § 38-72) Sec, 38-103. - Governing body. (a) Composition; appointments; term of office, (1) The trust shall consist of nine members appointed by the city commission. A member of the city commission shall be the chairperson of the trust and the ninth member thereof; five members shall be nominated individually, one each by the city commissioners and four members shall be appointed at large by the city commission. Each member of the trust shall reside, work, own real property or own a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community. The chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. (2) The term of the city commissioner serving as the ex officio voting member and chairperson of the trust shall be reviewed by the city commission on or about June 1 of each calendar year resulting in the selection of a new chairperson or the reappointment of the existing chairperson to serve as the chairperson of the trust. (3) Each member shall be named and appointed by the city commission for a term of one year or until the nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the unexpired term. [a https://www,munloode.com/Iibrary/fl/miamilcodes/code of ordinances?nodeld=PTIITHCO CH38PARE_ARTIIIBAPAMATR 117 3/27/2017 Miami, FL Code of Ordinances The city commission shall appoint all other officers, including a secretary, from among the trust's members. The chairperson shall serve for one year, and each successor chairperson shall be appointed by the city commission in the manner set forth in subsection (a)(1) of this section. (5) Duly appointed members of the trust maybe referred to from time to time as trustees. (b) Oath, Upon the effective date of his appointment, or as soon thereafter as practicable, each member of the trust shall enter upon his duties but before doing so he shall take the oath prescribed by section 41(e) and (f) of the city Charter. (c) Organization; indemnification. (1) Quorum and voting. At all meetings of the trust, a majority of those present at a properly noticed meeting shall constitute a quorum for the transaction of business, and each trustee shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the trustees present at a meeting at which a quorum is present shall be the act of the trust. The members of the trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park. (2) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary, All meetings of the trust shall be public, and written minutes of the proceedings thereof shalt be maintained by the trust. All actions taken at the meetings of the trust shall be promptly and properly recorded. The official city policies relating to the attendance of regular board meetings shall be applicable to members of the trust. (3) Protection ;From personal liability. The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the trustees in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity, (Ord. No. 10348, § 1(3), 11-19-87; Ord. No. 11044, § 1, 3-11-93; Ord. No. 11107, § 1, 12-16-93; Ord. No. 11130, § 14, 3-24-94; Ord. No. 11151, § 2, 5-23-94; Ord. No. 11189, § 4, 10-27-94; Code 1980, § 38-73; Ord. No. 11348, § 2, 3-14-96; Ord. No. 11373, § 9, 6-27-96; Ord, No, 11564, § 14,10-28-97) Sec, 38-104, - Powers, purposes and duties of the trust. The trust shall have the power to do all things necessary to direct, manage and maintain Bayfront Park, subject at all times to city commission approval and any existing contractual obligations. (Ord. No. 10348, § 1(4),11-19-87; Code 1980, § 38-74) Sec. 38-105. -Appointment, term, qualifications, compensation, general powers and responsibilities of the executive director. https:ttwww.municode.com/library/fl/miamiloodes/code_of ordinances?nodeld=PTIITHCO_CH38PARE ARTIIIBAPAMATR 217 3/27/2017 Miami, FL Code of Ordinances There shall be an executive director who shall be appointed by the trust subject to city commission approval, Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the trust shall submit monthly written status reports on the trust's operations and expenses to the city commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the trust, and approved by the city commission. The executive director shall take an oath before entering upon any duties. The executive director shall act as the chief executive officer of the trust. Subject to the policy directives of the trust, the executive director shall have general supervision over and be responsible for the management and operation of all trust properties, activities, and facilities. The executive director shall execute all contracts in behalf of the trust after approval by the board. The executive director shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the management, operation, and maintenance of the park, and the financial condition of the trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the park and to said trust as may be required by the trust or the city. In the event that the executive director shall for any reason be temporarily incapable of exercising the powers and performing the duties and functions of his office, the city commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director shall be terminated. (Ord. No. 10348, § 1(5), 11-19-87; Code 1980, § 38-75) Sec. 38-106. - Employment of assistants. Subject to the policy directives of the trust and budget limitations, the executive director shall employ such assistants as are necessary to provide for the efficient operation of the trust. (Ord. No. 10348, § 1(6), 11-19-87; Code 1980, § 38-76) Sec. 38-107. - Encouragement of private enterprise. The trust shall, to the greatest extent it determines to be feasible, implement the exercise of its powers in a manner which utilizes and encourages the fullest and most active participation and cooperation of private enterprise. (Ord. No. 10348, § 1(7), 11-19-87; Code 1980, § 38-77) Sec. 38-108. - Counsel. The city attorney's office shall provide legal services to the trust as may be necessary and requested by the trust. https:/Iwww.municode.comAibraryffl/miami/codesleodo o€ ordinances?nodeld=PTIITHCO_CH38PARE ARTIIIBAPAMATR 317 3/27/2017 Miami, FL Code of Ordinances (Ord. No. 10348, § 1(8),11-19-87; Code 1980, § 38-78) Sec. 38-109. - Approval of budget. (a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the City of Miami. The trust shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 next preceding each fiscal year, a trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the trust budget for that year. (c) In conjunction with the submission of the budget, the trust shall submit a master plan showing the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from date of its submission by the trust. (Ord. No. 10348, § 1(9), 11-19-87; Code 1980, § 38-79) Sec. 38-110. - Charge for use of park equipment in Mildred and Claude Pepper Bayfront Park. An equipment use charge is hereby assessed on all private promoters of events or activities held in Mildred and Claude Pepper Bayfront Park. Revenues from such charge shall be used to partially defray operational costs of the Mildred and Claude Pepper Fountain. The herein charge for use of park equipment shall be established by the Bayfront Park Management Trust executive director at fair market value and may be a separate charge or may be incorporated as part of an unapportioned park user fee. This equipment use charge shall not be applicable for those events for which prior contractual relationships exist which have been approved by the city manager, or his designee, or the Bayfront Park Management Trust executive director. (Ord. No. 10928, § 2,10-3-91; Code 1980, § 38-79.1) Sec. 38-111. - Annual report and audit. (a) The trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the trust at any time. (Ord. No. 10348, § 1(10), 11-19-87; Code 1980, § 38-80; Ord. No. 11564, § 14, 10-28-97) htips:llwww.municode.com/libraryffV/miami/codes/code_of ordinances?nodeld=PTIITHCO_CH38PARE_ARTIIIBAPAMATR 417 312712017 Sec. 38-112. - Contributions. Miami, FL Code of Ordinances It is the intention of the city commission that the trust actively solicit contributions and financial support from private business interests and any other governmental authorities (Ord. No. 10348, § 1(11), 11-19-87; Code 1980, § 38-81) Sec. 38113. - Reservation of park use. Bayfront Park shall be reserved for community use 50 percent of the days of each fiscal year. An additional 30 days each year are reserved for use by the trust, unless the trust has existing commitments for scheduled events on the requested day(s). The trust shall be empowered to waive the Bayfront Park Amphitheater rental fee during portion(s) of such 30 -day period when the amphitheater user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c)(3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for charitable, scientific, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals. (Ord. No. 10348, § 1(12), 11-19-87; Ord. No. 10571, § 1, 4-13-89; Code 1980, § 38-82) Sec. 38-114. - Abolition of trust. The city commission, by an affirmative vote of three commissioners, may abolish the trust, at which time the powers and duties of the trust shall revert to the city and the city shall resume responsibility for the maintenance, operation and management of Bayfront Park. (Ord. No. 10348, § 1(13), 11-19-87; Code 1980, § 38-83) Sec. 38-115. - Authorization of the Bayfront Park Management Trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs. (a) Notwithstanding any provision in the city Code to the contrary, the Bayfront Park Management Trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by said trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in city Code section 38- 70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers in the Claude and Mildred Pepper Bayfront Park. (b) There shall be no such permits issued in connection with a hard rock, rap, heavy metal, or other musical event of the type which requires extraordinary security measures. (c) hUps:llwww,municode.com/librarylfl/miami/codes/eeode_cifordinances?nodeld=PTIITHCO CH38PARE_ARTIIIBAPAMATR 517 3/27/2017 M iaml, FL Code of ordinances Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the application/permit farm. (Ord. No. 10688, § 1, 1-11-90; Code 1980, § 38-49.2) Sec. 38-116. - Criteria for denial of permits for use of Bayfront Park and its facilities. To the extent permitted by law, the trust may deny a permit for the use of its facilities if the applicant, orthe person on whose behalf the application is made, has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of prior permits issued to or on behalf of the applicant. The trust may also deny a permit on any of the following grounds: (1) The application for permit (including any required attachments and submissions) is not fully completed and executed; (2) The applicant has not tendered the required application fee with the application or has not tendered the required user fee, use -agreement or other type of agreement, insurance certificate, or security deposit within the times prescribed by the executive director; (3) The application contains a material falsehood or misrepresentation; (4) The applicant is legally incompetent to contract or to sue and be sued; (5) The applicant or the person on whose behalf the application was made has on prior occasions damaged trust property and has not paid in full for such damage, or has other outstanding and unpaid debts to the trust; (6) A fully executed prior application for the same time and place has been received, and an agreement has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof; (7) The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the trust and or the city and previously scheduled for the same time and place; (8) The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park or part thereof designated pursuant to this chapter; (9) The use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of trust employees or of the public; (10) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the trust and or city concerning the sale or offering for sale of any goods or services; and (11) The use or activity intended by the applicant is prohibited by law, bythe City Charter, this Code, the zoning code and ordinances of the city, or by the regulations of the trust. hUps:llwww.municode.corn/Iibrarylfl/miamilcodes/code_of ordinances?nodeid=PTIITHCO CH38PARE ARTIIIBAPAMATR 617 3/27/2017 (Ord. No, 12439, § 1, 11-1303) Secs. 38-117--38-145. - Reserved. Miami, FL Code of Ordinances https:llwww,municode.com/library/fllmiami/codes/code of ordinances?nodeld=P'TIITHCO_CH38PARE ARTIIIBAPAMATR 717 Code of the City of Coral Gables, Florida Special Events: D Sec. 62-243. - Prohibition on use of expanded j6FI (a) Definitions. For purposes of this section only the following definitions should apply: (1) Expanded poen means blown po(ystyreti and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres (expandable bead foam) infection molding, foam molding and extrusion -blown molding (extruded foam oCys#yrerte). (2) Expanded pot}containers means plates, bowls, cups, containers, lids, trays, coolers, ice chests, food containers and all similar articles that consist of expanded Rlysfjre?. (3) City facility includes, but is not limited to, any building, structure, park, or golf course owned, operated or managed by the city. (4) Special event permittee means any person or entity, and their subcontractor(s), issued a special events permit by the city for a special event on city property, in a city [facility] or in the city's right-of-way. (b) Prohibited use of expanded olstyren; penalties. (1) Special event permittees, and their subcontractor(s), shall not sell, use, provide food or drink in, or offer the use of, expanded oiytyrer articles in city facilities. (2) Upon warning, the special event permittee must stop use of the polystye item and replace it with a non-boiene alternative as soon as practicable. if the special events permittee does not do so within a reasonable amount of time, he/she may be forced to discontinue the service, sale or participation in the event. (3) A violation of this section shall constitute a city code violation and may result in the revocation of the special events permit and fines and may be grounds for the placement of conditions on or for denial of a future special events permit. (2016-38, § 2, 7-26-2016) • Sec. 62-244. - Penalties. (1) Any person violating the provisions of any section of this article shall, upon conviction, be punished by fine not to exceed $500.00 or imprisonment of not more than 60 days, or both. (2) Notwithstanding subsection (1) of this section, a fine of up to $15,000.00 per violation may be imposed for violations of the provisions of this article if the code enforcement board or a special magistrate finds a violation to be irreparable or irreversible in nature. In determining the amount of the fine, if any, the enforcement board or special magistrate shall consider the following factors: (a) the gravity of the violation; (b) any actions taken by the violator to correct the violation; and (c) any previous violations committed by the violator. (2016-38, § 2, 7-26-2016) EXPANDED ROL-T)WENE BY BUSINESSES WITHIN THE CITYEI • Sec. 34-187. - Definitions. For purposes of this section only the following definitions should apply: (1) Chain food service provider means three or more food service providers located within the city that a) conduct business under the same business name or b) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. (2) Chain store means three or more stores located within the city that a) conduct business under the same business name or b) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. (3) Expanded polystyrene means blown palys yrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres (expandable bead foam), infection molding, foam molding and extrusion -blown molding (extruded foam polysfyrerre). (4) Expanded' containers means plates, bowls, cups, containers, lids, trays, coolers, ice chests, food containers and all similar articles that consist of expanded p�ne'. (5) Food service provider means a person or entity that provides food directly to the consumer, regardless of whether such food is provided free of charge or sold, or whether consumption occurs on or off premises, or whether the food is provided from a pushcart, stand or vehicle. Food service providers shall include, but are not limited to, chain food service providers, restaurants, fast food restaurants, cafes, sidewalk cafes, delicatessens, coffee shops, grocery stores, markets, supermarkets, drug stores, pharmacies, bakeries, caterers, gas stations, vending trucks or carts and cafeterias. (Ord. No. 2016-08, § 5, 2-9-2016) Seo. 34-188. - Prohibitions regarding the sale, use or distribution of expandedpol styrene articles by food service providers and stores; exceptions. (a) Food service providers and stores shall not sell, use, offer for sale or use, or provide food or beverage in expanded o7ysree containers. (b) Exceptions: Although the discontinuation of the use of potyrene products is strongly lys encouraged by the City of Coral Gables Commission, as evidenced in Resolution 2015-269, this article shall not apply to: (1) Expanded ?ofyrerie food service articles used for prepackaged food that have been filled and sealed prior to receipt by the food service provider or store; (2) Expanded polystyrdhe food service articles used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar refrigerated retailed display or storage case; and (3) Not-for-profit corporations, the school district, and county, state and federal governmental entities. (Ord. No. 2016-08, § 5, 2-9-2016) IP Sec. 34-139. - Enforcement; penalties. (a) From August 9, 2016 or 180 days after the second reading of the ordinance from which this article derives, whichever comes later, until December 31, 2016, if a code enforcement officer finds a violation of section 34-188, he/she will issue the violator a warning. (b) Beginning ,January 1, 2017, if a code enforcement officer finds a violation of section 34- 188, the code enforcement officer shall issue a ticket. The ticket shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, and that the violation may be appealed pursuant to the procedures in chapter 101, article VI, division 3 of the City Cade of Ordinances. A violation of this ordinance is deemed to be irreparable as it may only be complied with in the future and not, retroactively. (c) A violator who has been issued a ticket must elect to either: (1) Pay the following civil fine: a. First violation within a 12 -month period $50.00; b. Second violation within a 12 -month period ..... $100.00; c. Third violation within a 12 -month period ..... $500.00; or d. Any subsequent violation within a 12 -month period ..... $1,000.00. (2) Request an administrative hearing before a special master as set forth in chapter 101, article Vl, division 3 of the City Code of Ordinances. (d) Failure to pay the civil fine, or to timely request an administrative hearing before a hearing officer, shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assess accordingly. (e) A certified copy of an order imposing fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. (f) The hearing officer shall not have discretion to alter the penalties prescribed in this article. Any party aggrieved by a decision of a hearing officer may appeal that decision to a court of competent jurisdiction. (Ord. No. 2016-08, § 5, 2-9-2016) 6 Sec. 34-190. - Financial hardship waiver, Any food service provider or store that reported an annual gross income/revenue under $500,000.00 per location on its income tax filing for the most recent tax year, and that is not a chain food service provider or chain store, may request from the city commission, a financial hardship waiver of the requirements of this article. The financial hardship waiver request may apply to one or more expanded �Ll yrEr . food service articles sold, used or offered for sale or use by any such food service provider or store. The city commission may grant a waiver if the food service provider or store proves the following: (1) There is no comparable alternative product not composed of expanded polystyrerq' that would cost the same as or less than the expanded polystyrene food service article, and (2) The purchase or use of an alternative product not composed of expanded pofysfyrene would create and undue financial hardship. Such financial hardship waiver shall be valid for 12 months and may be renewable upon application to the city commission. If an administrative hearing is requested pursuant to subsection 34-189(e)(2), a pending financial hardship waiver request shall be grounds for a continuance of the administrative hearing, but only if the notice of violation was issued after the submittal of the financial hardship waiver request. (Ord. No. 2016-08, § 5, 2-9-2016) Sec. 2-801. - Prohibition on use of expanded palystyrene by city vendors/contractor. (a) Definitions. For purposes of this section only the following definitions should apply: (1) City contractor means a contractor, vendor, lessee, concessionaire of the city, or operator of a city facility or property. (2) Expanded polystyrene means blown Pp,ysiy qne and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including but not limited to fusion of polymer spheres (expandable bead foam), infection molding, foam molding and extrusion -blown molding (extruded foam polystyrene). (3) Expanded Po{ystyrene containers means plates, bowls, cups, containers, lids, trays, coolers, ice chests, food containers and all similar articles that consist of expanded polystyrene. (b) Prohibited use of expanded alysfyn; penalties. (1) City vendors/contractors shall not sell or use expanded pniystyre within the city or in completing their duties to the city under contract. (2) A violation of this section shall be deemed a default under the terms of the city contract, lease or concession agreement. This subsection shall not apply to expanded Rlj?styrei containers used for prepackaged goods that have been filled and sealed prior to receipt by the city vendor/contractor. (3) Any city contract, lease, or concession agreement entered into prior to the effective date of this section shall not be subject to the requirements of this section, unless the city vendoricontractor voluntarily agrees thereto. This section shall not apply to contract extensions where the vendor/contractor has the option. If the city has the option of extension, however, the city manager may consider whether the vendor/contractor complies or is willing to comply with subsection 2-801(b)(1) in determining whether to extend the contract. (Ord. No. 2016-08, § 3, 2-9-2016) Editor's note--- Ord. No. 2016-28, adopted Apr. 26, 2016, ratified the retroactive establishment of Dec. 8, 2015, as the effective date of Ord. No. 2016-08, 311512017 Sec. 7-1. - Prohibition regarding sale or use of expanded po}ystyrene food service articles by Village contractors. I Code of Ordinances I Key Biscayne, FL.. ARTICLE 1. -iii& GENERAL Sec. 7-1. - Prohibition regarding sale or use of expanded polystyrene food service articles by Village contractors. (a) Definitions. For purposes of this section, or as applicable by reference in other sections, the following definitions apply: Village Contractor means a contractor, vendor, lessee, concessionaire of the Village, or operator of a Village facility. Expanded Polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). Expanded Polystyrene Poon` Service Article means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of Expanded Polystyrene. (b) Village Contractors shall not sell, use, provide food in, or offer the use of Expanded Polystyrene Food Service articles in Village facilities or on Village property. A violation of this section shali be deemed a default under the terms of the Village contract, lease, or concession agreement. This subsection shall not apply to Expanded PolystyreneFood Service Articles used for prepackaged food that have been filled and sealed prior to receipt by the Village Contractor. (c) Any Village contract, lease, or concession agreement entered into prior to the effective date of this section shall not be subject to the requirements of this section, unless the Village Contractor voluntarily agrees thereto. (Ord. No. 2014-10, § 2, 11-25-14) 3/15/2017 Sec. 19-17. - Prohibition on expanded polystyrene. I Code of ordinances I Key Biscayne, FL I Municode Library Sec. 19-17. - Prohibition on expanded pclystyret7e. Is shall be unlawful for any person to carry any Expanded Polystyrene(as defined in Section 7-1 onto any beach or into any park within the Village. —) product' (Ord. No. 2014-10, § 3, 11-25-14) https:I/www,municode.com/library/f/key bisc@ynWoodes/oode_of ordinances?nodeld=PTIICO_CH7BURE ARTIINGE_57-1PRRESAUSEXPOFOSEARVIC0 111 3/14/2617 ARTICLE VI. -EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS I Cade of Ordinances l Miami Beach, FL l Municode Library ARTICLE VI. - EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS Sec. 46-205. - Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chain food service provider means five or more food service providers located within the city that (a) conduct business under the same business name or (b) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. Chair- store means five or more stores located within the city that (a) conduct business under the same business name or (b) operate under common ownership or management or pursuant to a franchise agreement with the same franchisor. Code compliance officer means a code inspector as defined in section 30-3 of the City Code and, for purposes of this article, shall include, without limitation. a police officer. Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. Food service provider means a person or entity that provides food directly to the consumer, regardless of whether such food is provided free of charge or sold, or whether consumption occurs on or off of a premises, or whether the food is provided from a pushcart, stand, or vehicle. Food service providers shall include, but are not limited to, chain food service providers, restaurants, fast food restaurants, cafes, sidewalk cafes, delicatessens, coffee shops, grocery stores, markets, supermarkets, drug stores, pharmacies, bakeries, caterers, gas stations, vending trucks or carts, and cafeterias. Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para- methylstyrene by weight. Store means a retail or wholesale establishment other than a food service provider. (Ord. No. 2015-3962, § 1, 9-2-15) Sec. 46-206. - Prohibitions regarding the sale or use o expanded polystyrene flood service articles by food service providers and stores; exemptions. Food service providers and stores shall not sell, use, offer for sale or use, or provide food in expanded polystyrene food service articles. This article shall not apply to: (a) expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the food service provider or store, (b) expanded polystyrene food service articles used to store raw meat, pork, fish, seafood, or poultry sold from a butcher case or similar refrigerated retail display or storage case; and (c) the school district, and county, state, and federal governmental entities. (Ord. No. 2015-3962, § 1, 9-2-15) Sec. 46207. - Enforcement; penalties. https:llwww.municode.comllibrarylfllmiami beach/codm/Code_of ordinances?nodeld=SPAGEOR CH46EN ARTVIEXPOSAUSRE 113 3114/2017 ARTICLE VI.- EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS I Code of Ordinances I Miami Beach, FL I Municode Library (a) Beginning September 15, 2015. (1) the City shall engage in public education efforts to inform food service providers and stores of the provisions of this article and to provide assistance with identifying alternatives to expanded polystyrene food service articles. (2) the City shall provide for a sixty (60) day warning period through and including November 13, 2015, during which the code compliance department shall issue written warnings for violations of the prohibitions in section 46-206 as to the following expanded polystyrene food service articles: coolers and ice chests. (b) Beginning November 14, 2015, the code compliance department shall enforce the provisions in this article as to the following expanded polystyrene food service articles: ice chests and coolers. (c) Beginning March 15, 2016, and except as otherwise provided in subsections (a)(2) and (b), the City shall provide for a six (6) month warning period through and including September 15, 2016 during which the code compliance department shall issue written warnings for violations of this article. (d) Beginning September 16, 2016, the code compliance department shall enforce the provisions in this article in addition to the provisions already enforced pursuant to subsection (b). (e) If a code compliance officer finds a violation of this article, except as otherwise provided during the warning periods in subsections (a)(2) and (c), the code compliance officer shall issue a notice of violation. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator is liable, instructions and due date for paying the fine, that the violation may be appealed by requesting an administrative hearing before a special master within ten (10) days after service of the notice of violation, and that the failure to appeal the violation within ten (10) days of service shall constitute an admission of the violation and a waiver of the right to a hearing. (f) A violator who has been served with a notice of violation must elect to either: (1) pay the following civil fine: a. First violation within a 12 -month period $50.00; b. Second violation within a 12 -month period ..... $100.00; c. Third or subsequent violation within a 12 -month period ..... $500.00; or (2) request an administrative hearing before a special master to appeal the notice of violation, which must be requested within ten (10) days of the service of the notice of violation. The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 30-72 and 3073 of this Code. Applications for hearings must be accompanied by a fee as approved by a resolution of the city commission, which shall be refunded if the named violator prevails in the appeal. (g) Failure to pay the civil fine, or to timely request an administrative hearing before a special master, shall constitute a waiver of the violator's right to an administrative hearing before the special master, and shall be treated as an admission of the violation, for which fines and penalties shall be assessed accordingly. (h) A certified copy of an order imposing a fine may be recorded in the public records, and thereafter shall constitute a lien upon any real or personal property owned by the violator, which may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the violator's real or personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three months following the recording of any such lien that remains unpaid, the City may foreclose or otherwise execute upon the lien for the amount of the lien plus accrued interest. (i) The special master shall be prohibited from hearing the merits of the notice of violation or considering the timeliness of a request for an administrative hearing if the violator has failed to request an administrative hearing within ten (10) days of the service of the notice of violation. The special master shall not have discretion to alter the penalties prescribed in this article. Any party aggrieved by a decision of a special master may appeal that decision to a court of competent jurisdiction. (Ord. No. 2015-3962, § 1, 9-2-15) Sec. 46-208. - Financial hardship waiver. Any food service provider or store that reported an annual gross income under $500,000.00 per location on its income tax filing for the most recent tax year, and that is not a chain food service provider or chain store, may request from the city manager, in a manner and form established by the city manager, a financial hardship waiver of the requirements of this article. The financial hardship waiver request may apply to one or more expanded polystyrene food service articles sold, used, or offered for sale or use by any such food service provider or store. The city manager may grant a waiver if the food service provider or store proves the following: (a) https.Iwww.rnunicode.comAibrary/fl/miami beach/codes/Code_of ordinances?nodeld=SPAGEOR_CH46EN ARTVIEXPOSAUSRE 213 3114!2017 ARTICLE VI. - EXPANDED POLYSTYRENE SALE AND USE RESTRICTIONS I Code of Ordinances I Miami Beach, FL I Municode Library there is no comparable alternative product not composed of expanded polystyrene that would cost the same as or less than the expanded polystyrene food service article, and (b) the purchase or use of an alternative product not composed of expanded polystyrene would create an undue financial hardship. Such financial hardship waiver shall be valid for twelve months and may be renewable upon application to the city manager. If an administrative hearing is requested pursuant to section 46-207(f)(2), a pending financial hardship waiver request shall be grounds for a continuance of the administrative hearing, but only if the notice of violation was issued after the submittal of the financial hardship waiver request. (Ord. No. 2015-3962, § 1, 9-2-15) https:itwww.municede.comliibrary/fllmiami beachlcodes/code of_ordinances?nodeid=SPAGEOR CH46EN ARTVIEXPOSAUSRE 313 3/14/2017 Sec. 82-7. - Prohibitions regarding sale or use of expanded polystyrene food service articles by city contractors and special event permittees. I Code of Or... Sec. 82-7. - Prohibitions regarding safe or use of expanded polystyrene food service articles by city contractors and .special event permittees. (a) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as "Styrofoam", is neither readily recyclable nor biodegradable and takes hundreds to thousands of years to degrade. Expanded polystyrene is a common pollutant, which fragments into smaller, non -biodegradable pieces that are harmful to marine life, other wildlife, and the environment. The city's goals are to reduce the use of expanded polystyrene and encourage the use of reusable, recyclable, or compostable alternatives. (b) Definitions. For purposes of this section only, the following definitions shall apply: (1) City contractor means a contractor, vendor, commercial lessee, concessionaire of the city, or operator of a city facility or property. (2) Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent styrene or para-methylstyrene by weight. (3) Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). (4) Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, ice chests, and all similar articles that consist of expanded polystyrene. (5) City facility includes, but is not limited to, any building, structure, park, beach, golf course, marina, pier, dock or boat ramp leased to the city, or owned, operated, leased, or managed by the city. (6) City property includes, but is not limited to, any land, water, or air rights leased to the city, or owned, operated, leased, or managed by the city. (7) Special event permittee means any person or entity issued a special event permit by the city for special event on city property or in a city facility. (c) [Where prohibited.] City contractors and special event permittees shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles in city facilities or on city property. A violation of this section shall be deemed a default under the terms of the city contract, lease, or concession agreement and is grounds for revocation of a special event permit. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filed and sealed prior to receipt by the city contractor or special event permittee. (d) [Exclusions.] Any city contract, lease, or concession agreement entered into prior to August 2, 2014, or any special event permit issued prior to August 2, 2014, shall not be subject to the requirements of this section, unless the city contractor or special event permittee voluntarily agrees thereto. (Ord. Pio. 2014-3884, § 2, 7-23-14; Ord. No. 2015-3923, § 2, 2-11-15) Secs. 82-8-82-35. - Reserved. Chapter 82 - PUBLIC PROPERTY https:llwww.municode.comllibrarylfllmiami_beachlcodesloode_of ordinances?nodeld=SPAGEOR_CM82PUPR ART]INCE_S82-7PRRESAUSEXPOFOSEAR... 1/1 3/9/2017 Legislative Matter Miami -Dade Legislative Iters File Number: 162181 Printable PDF Forma'_.z - _ File Number: 162181 File Type: Report Status: Accepted Version: 0 Reference: Control: Board of County Commissioners File Name: BANNING POLYSTYRENE PRODUCTS IN PARKS Introduced: 9/21/2016 Requester: Mayor Cost: f=inal Action: Agenda Date: 10/18/2016 Agenda Item Number: 2B1 Notes: Title: DEVELOP AND IMPLEMENT A PUBLIC AWARENESS CAMPAIGN ON PARK RULE BANNING POLYSTYRENE PRODUCTS IN PARKS -- DIRECTIVE 161838 Indexes: POLYSTYRENE Sponsors: NONE Sunset Provision: No Effective Date: Expiration Date: Registered Lobbyist: None Listed Legislative History Acting Body Date Agenda Action Sent To Due Item Date Board of County 10/18/2016 2131 Accepted Commissioners Michael Spring 9/21/2016 Assigned Office of Agenda Coordination Legislative Text Returned Pass/Fail TITLE Develop and Implement a Public Awareness Campaign on Parr Rule Banning Polystyrene Products in Parks — Directive 161838 DEADER Date: To: Honorable Chairman Jean Monestime and Members, Board of County Coninnissioners http:liwww.m i am i dade.gov/govacti onlm atter.asp?matter=162181 &file=true&yearFolder=Y2016 113 3/9/2017 From: Carlos A. Giinenez Mayor Legislative Matter Subject: Develop and Implement a Public Awareness Campaign on Park Rule Banning Polystyrene Products in Parks —Directive 161838 STAFF RECOMMENDATION At the June 7, 2016 Board of County Commissioners (Board) meeting, the Board adopted Ordinance No. 16-58 (Attachment 1), amending Chapter 26 of the Code of Miami -Dade County banning polystyrene (also known as Styrofoam) in parks in certain circumstances. The polystyrene ban does not become effective until July 1, 2017 in order to provide the County sufficient time to inform the public of the polystyrene ban. At the same meeting, the Board adopted Resolution No. R-501-16 (Attachment 2) directing the County Mayor or County Mayor's designee to develop a public awareness campaign, at no cost to the County, to inform the public of the polystyrene ban adopted pursuant to Ordinance No. 16-58, and to report to the Board within 90 days on the status of the implementation and development of the public awareness campaign. The adopted Ordinance banning polystyrene added Rule 36 to Chapter 26, Park Rules and Regulations. Rule 36, the prohibition regarding sale or use of polystyrene food -service articles in parks and park property, applies to a contractor, vendor, lessee, licensee, programming partner, or permittee of the County that uses, works on, provides services at, or undertakes construction of park property; a special events permittee for an event in a park; or an operator or manager of park property or a facility within a park. A polystyrene article is defined as plates, bowls, cups, utensils, cutlery, tableware, containers, lids, trays, coolers, ice chests, bags, boxes, wrappings, bottles, and all similar articles that consist of polystyrene. This rule does not apply to polystyrene articles that are used for prepackaged food that have been filled and sealed prior to receipt by the parks contractor. A violation of this rule shall be deemed a default under the terms of the applicable contract between the County and the parks contractor. Existing contracts between the County and a parks contractor entered into before June 1, 2016 are not be subject to the requirements of Rule 36, unless the parks contractor voluntarily agrees; however, any renewal or extension of any contract will require the parks contractor to agree in writing to comply with the provisions of Rule 36. The Parks, Recreation and Open Spaces Department (PROS) has developed a public awareness campaign and is implementing the following action items: * Use frontline PROS staff that has direct interaction or communication with park patrons, such as park and marina managers, park security officers, and park attendants to inform patrons about the upcoming ban on July 1, 2017. When appropriate, the message will be shared during PROS' events and activities. * Include information about the ban on the homepage of both the Parks and Parks Foundation websites. Distribute messages about the ban through the Parks bi-weekly E -buzz newsletter, Parks Foundation's biweekly newsletter, and PROS' social media platforins that include Facebook, Instagram, and YouTube. * Provide the County's 311 call center with a Frequently Asked Questions (FAQs) briefing sheet to assist in handling calls and inquiries regarding the ban. * Distribute press releases in English, Spanish, and Creole throughout the information campaign period. * Distribute notification by email to all parks contractors, vendors, and concessionaires affected by the new park rule. Any contract between the County and a parks contractor entered into before June 1, 2016 is not subject to the requirements of this Park Rule 36, unless the parks contractor voluntarily agrees, except that renewals or extensions of any contract that are to be exercised by the County, or jointly by the County and the parks contractor, shall only be renewed or extended if the parks contractor agrees in writing to comply with the provisions of Rule 36 during any renewal or extension term. http:llwww.m iam i dade.govlgovacti onlm atter.asp?m after=1621$1 &fi le=true&yearFolder=Y2016 213 319120t7 Legislative Matter When the ordinance becomes effective on July 1, 2017, PROS staff will continue to inform park patrons of the ban. The focus will continue to be on education and not on issuing citations. Park visitors will be asked and given the opportunity to remove coolers and other polystyrene items from the park or place the items in their vehicle in lieu of issuing a citation. PROS will issue citations only as a last resort, such as in instances where park patrons are given several warnings regarding polystyrene products in their possession over a period of repeated visits to a park. PROS will also post signage at various County beach entrances informing park patrons of the polystyrene ban, as directed during the Board's discussion at its June 7, 2016 meeting. In accordance with Ordinance 1465, this memorandum will be placed on the next available Board meeting agenda. If additional information is needed, please contact Parks, Recreation and Open Spaces Department Director Jack Kardys at (305) 755-7903. Attaclunent 1: Ordinance No. 16-58 Attachment 2: Resolution No. R-501.16 c: Abigail Price -Williams, County Attorney Michael Spring, Senior Advisor, Office of the Mayor Jack Kardys, Director, Parks, Recreation and Open Spaces Neil R. Singh, Interim Commission Auditor Christopher Agrippa, Clerk of the Board Eugene Love, Agenda Coordinator Home I Agendas I Minutes I Legislative Search I Lobbyist Registration Legislative Reports 2017.SCC Meeting Calendar i Miami -Dade CountyCode of ordinances ADA Notice, ,�,_„_ Home I Using Our Site I About I Phone [Directory I Privacy I Disclaimer E-mail your comments, questions and suggestions to Webmaster Web Site © 2017 Miami -Dade County. All rights reserved. http:llwww.miamidade.gov/govaction/matter.asp?matter=162181&f le=true&yearFolder=Y2016 313 MIAMI-IDOIADE Memorandum mm Date: September 21, 2016 Agenda .Item No, 2(B)l To- Honorable Chairman Joan Monostime October 1.8, 2016 and MeDibers, Board of C01111ty C sioneys 'y From- Carlos A. Gimencz Mayor Subject: Develop and Implement a Pablic areness Campaign on Park Rule Banning 1. Polystyrene Products in Parks -- Directi 161838 At the June 7, 20161 Board of County Commissioners (Board) niceting, the Board adopted Ordinance, No. 16-58 (Attaclunent I), amending Chapter 26 of the, Code of Miam!-Dade. County baniiing polystyrene (also known as Styrofoam) in parks in certain curoumstances, The polystyrene ban docs not become effective until July 1., 2017 in order to provide the County sufficient time to iriforin the public of the polystyrene ban. At the saine ineeting, the Board adopted Rt, -solution No. R-501-1.6 (Attachment 2) directing the County Mayor or County Mayor's designee to develop a public, awareness campaign, at 110 cost to the County, to inforin the public of the polystyrene ban adopted pursuant to Ordinance No. 16- 8, and,'to report to the Board within 90 days on the status of the implornontation and development of the,public awareness campaign, 11 -to adopted Ordinance banning; polystyrcne added Me 36 to Chapter 26, Park Rules and Regulations. Rule 36, the prohibition regarding sale or use of polystyrene food -service articles in parks and parr property, applies to a contractor, vendor, lessee, licensee, progTamrnittg pai� net, or perinittoo of the County d -tat uses, Works on., provides services at, oi- undertakes construction of park property;a special events permittee for an event in a path; or an operator or manager of park property or a facility within a park. A polystyrene article is defined as plates, bowls, cups, utensils, cutlery, tableware., containers, lids, Trays, coolers, ice chests, bags, boxes, wrappings, bottles, and all shuilar articles that consist of polystyrene, This rule does not apply to polystyrene articles that aro rased for pmpacicaged food that have been filled and sealed prior to receipt by the parks contractor. A violation of this rule Shall be doomed a defkWt under the terms of the applicable contract between. the County and t1lo parks contractor. Existing contracts between the County and a parks contractor ontercd into before June 1, 2016 are not be subject to -die requirements of Rule 36, unless tbe parks contractor voluntarily agrees; however, amy renewal or extension of any contra(;t will requim the parks contractor to agree in writing to coraply with the provisions of Lurie 36, The Parks, ocreation and Open Spaces DepaiTnient (PROS) has do-voloped a public awareness campaign and is implementing the -following action items: Use frontline PROS staff that has diroot interaction oicorninvnication with park patrons, such as park and inarina. mai-iagors, park security officers, and park attendants to inform patrons about the upcoming ban on July 1, 2017. When appropriate, the inessage will be shared during PROS' events and activities. Include inforiviation. about the ban on the horncpage of both the Parks mid Parks Foundation websites. Distribute rnessages about the ban through the Parks bi-weekly E -buzz Honorable Jean Monestime, ChainDan and Members, Board of County Coiainissioners Page 2 newsletter, Parks Foundation's bi-weekly newsletter, mid PROS' social inedia platforms that include Facebook, Instagrmn, and YouTube. Provide the County's 311 call center with a FTcquontly Asked Quesdons (rAQs) briefing sheet to assist in handling calls and inquiries regarding the ban, Distribute press releases in English, Spanisk and Creole J.=ughout the inf-onnation campaign period. a Distribute notification by email to all parks contractors, vendors, and concessionaires affected by the new park rule. Any contract between the county and a paries contractor entered into before June 1, 2016 is not subject to the reqWrernents of this Park Rule, 36, unless the parks contractor voluntarily agrees, except that renewals or extension of any contract that are to be exercised by the Cc),Lmty, or jointly by the Count), and the parks contractor, shall only be renewed or extended if the parks contractor agrees in writing to cowply with the provisions ons of Rule 36 during any renewal or extensi oil terra.. VA-ien the ordinance bocomes offootivc on July 1, 2017, PROS staff Avill continue to fifform park lIrons of the baniThe fortis will conti-nue to be on education and not on issuing citations. Parkvisit.ors will be asked and given the opportunity to remove coolers and other polystyrene i Icnis Froin the park or plaoe the items in their vehicle in lieu of issuing a citation. PROS will issue citations only as a last restart;, such as in instances wh(-.re park patrons are given several warnings regarding polyst)Tene products in their possession over a period of repeated visits to a pad,- PROS will also post signage at various County beach entrane" informing park patrons of the polystyrene bati, as directed during the Board's disoussion at its June 7, 2016 meeting. In accordartoe with Ordinance 14-65, this inernorauduni. will be placed on the text available Board mootiag agenda. If additional information is needed, please contact Parlcs, Recreation and Open Spaces Department Director Jack Kardys at (305) 755-7903, Atta-clunent 1: Ordinance No. 16-58 Attaulunent 2: R esolutio n No . R-501-16 C, Abigail Price-Williarns, County Attorney Michael Spring, Senior Advisor, Office of the Mayor Jaok Kwdys, Director, Parks, Rmreatioii and Open Spaces Neil R. Singh, Interim Commission Auditor Christopher Agrippa, Clerk of the Board Eugetie Love-, Agenda Coordinator 0 I 'U, k RX cum v ULM W oylp V.110AM) UF WUNTN' 4WAII,DA W� C. 151A' rV,)rT-*IUDA I ATTACHMENT I MEiMORAN')tjM Amended (AgemialtomNo. 7(A) (13ccoxid Readhig 6-746) TO, Hoamblo Chaimmi Jean Monestime DXPLI: April 19) 2010 find Members, Board of Covaly 6ommissiairvs FROM Abigail PricoWilliarnq Comity Attorney SUBMCM. Ordh)aO.Ce, T0,14fing W Miftll'fi- DadeParks, Reareation and Opm,qpftoes Dupartmout's rolos aiAd raplations; arnotAing Chapter 26, Artfolc I of tho Code; bamiftiB polyst�rrme hi Nats in certain Ordinance No. 16-58 Tho acuoompauyiag ordiiiance; was prepiwed and'Placed m dw agonda at Lho xeque8t of Prime, Spom sor Cammissiomr Danidla Lovine. Cm, and Co -Sponsors Coicunimkfioner SaRy AHeyman 21 ad Cowmissiofter Batt) ara J, Torlon, Abigail Price-Williamm Cmnty Attorucy APOSMIn I Vats, To, From; Subjuat" MIAMI-j*bE Memorandum mnw- June 7 3 2016 Honorable Chairman ,lean Monestbas and Membors, Board of County Coy iTtlaslonerG Carlos A, Olmenez Mayor '—Ilng to Miami-Doda Parks, Recreation and Flsoml impact Staternentfor Ordinano's Re Opon -Speces Uepartment'E,, Ruler and Regulailons Tile propomd ordinanoc amends Chapter 26, ArfWe I of the Code of Mhamt-Dade County, amending W3rril-Daclo Parks, RaoreQflon �tnd Open 80paoes Depaiiimnt's (MDPROS) rcI108 and regulations banping po1gtyr9nB In oetlain o1poOrnstanaen In paft, parkways, rocreatlonal areas, mat-Inme and other areas oponA ad and maintained by MDPRO,9. lits ordinance We provIslon. for a fine not to exceed $100M for'tho first VolatIon and $200.00 for (,aoh ,Wooeoding violation; however onfQrcurnent will 1 e deferred until June 2017 In order to edudato the I�ubllo. MOPROS' part< staff will aeolrit In the Dapar(mon('s publio lilformation cailipaign, I'lie implementation of this ordloancs will have no fiscal impant to Mtaml-Dade County SarliGrAdvIs3to tile Mop- FIsOWIff MOO Memorandum M :A U 2K Dab: Jima 7, 2016 To: RonoTabIc,, Cht&infm Jon Matte and Wmbors, Boal!4 of un alssio 91-01a; Cat -los A. Ghumuz Mayor Subject, soolal Equity Statemelit — ordlinkalou ortdipg Chfptoi! 26, ArWo I of the County Code Rogavditg a Dau on'UsD o 0Mystyrotir, in Parlaq in CoAaln CATmnutxxos `rho pmpo5od oxdinmuo aniai'Lds Cha %m:26, Artiolol flf the Code. 0MUI-fitDade Comity, Eu-nwiding Perks, Rm-ea ion aad Opan Spaoui Dqartmmifs (PROS) miles and regulations bhrmLng pGIYAYWIIb (Styro-roatn) in Cbrhftl oh'otlmstailoea An pRrICQ, pOkways, Teuroatimal wens, mohm and othoi� areas npoxatod toad. mato lined by PROS, Thb ordimnor, regarding p alyapme oo Wd baa-,ft PROS Rad the Imbilu h that polyatyivto inay btoA iwo &qail pioom thelf Inake it diffimit, for PLAI-1c, 00.f' alld Dquipmelit to remove" W11foli Oat RIS 0 11.egatl-vely apt wfldllfe alA oraat-' an tibsightly mlisRnLoe that niay nogativoly finpaot Miaml-Dada Comt)',q toarkn- Aopoadcxt �oonomy, �-a 2010, this B omd f4plod 04naaco No, 10-52, -which hizm=g the inkiXitntim :plies at(I biqxisorilllont moolawd Withvioladons of the rule sotfoxth h -L Chapter 26 of tho Corte 0 $500,00 and 60 days In Cotaiv jail., V-'qAoJ*A, this ordinallm" will add tho use of polysVtone products as a vlolation of WhImoe, No, 10- 52, 'PIJq ovdinalioe 4ofon onforoamont mit[l Jim 2017 irt ordor to educate, thce piklic, about the bart on polyotpme anal to limit tho 6=8 to $100,00 for fivit-tillie, V101ators mid. $200.00 far actol-L uubaelcltient violation, Tha educaflonO omipaiga W111 bo osmaial to help Irdtigate the potellUly noptive, Doolwmio iAfewt mi tow-himme i�midonts who vio.late, the ordlmiee. Ad Off oe Of Mayw 5 MEMORANI)TYM TO, Honorubk C' Iiahmaa Sum hiaumfima DATE: Juni 7, 2016 and M=b�rs,Board of Co� Avmded M. OM, 0e9UBJECT: AgoudaftemNo. 7(A) Please note avitew CILecked. 113Day RuJe'-' for commiftoes appBeabls it rafi4ed 6 wedz reqnirW betweenfh-st ronding md y6lio'hearing 4,weelu noUfiwtjqa to munjetpal offtews raqWrofl prior fo public, Dmrcasoff rovenues or finer ges i,,xpendftures without balancing budget Budget required Siodement offisul hnpa at re %ndr�,d ftatewwf of goelal eqiAtyreqi&&i Ordinance vxca6ag a now board requires dBtaflkl County Mayor's Arcot hr p4blie koaring No commit -tee va-view Applieablo le&laflox reqnims more thwx a mj ofy -vote (i.e., 2l3' q M 18 —, unutMOV5 fo approve C'arro-.at W"armirflou. rogqdtag funftg source, Met code find available ba)=eo, and available capaWy (if debt is couftmplatod) reqxdxed It, Ainencled Approved MWOX Agenda Itein No, 7(A) Veto 6-7-16 Ovotride ORDINANCE RLMATING TO MLWl-:DAbE PARKS, RECREATION AND OPEN SPACES DEPAKfl�MNT'�� RUIZ8 AND REGUIATIONS; AMMING Cf-lkPT.PR 26, ARTICLE) OF THE CCI)R OF MIAMI-DADE COIJN-PY, FLORJDA, BANNaTG POLYSTINRENH IN PAW0 lN CERTAIN CIRCUMSTANCES AND MAKING TE C14NICAL AMENDMENTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODA, AND AN EFFECTIVE DA'I'E W=3 IZI{ ,� polystyreno is a potrok-un-buDd plastic, most oDmmonly knowit under tho name of. "Styxafbam"' Which i8: aculauy tho Proprietaty trado 11wile of a Polystyralle fbam rod of tuid WHERE, AS, the EnArowamital Frotedloii Agoncy �'EPX) named poly5tyime as the fift lageA arcutor of hazardous wsw.; and W.URREAS, the biggeA taviroivneutal hoalth noncom usooiated with polyotyrone is the dmgot uvociated with Stymno., the basic imgrediant hi polystymuo, wh1oh has claosif'1W M- a po%ilblo hjujum oaxoinogca -by Oiz r,,PA- and the laterxaUonal Ageilry for Reseuoh oix Couicer, BE WIMI RW, iudoed, the acntp,, hoalth ufiofs of exposure to stymllo inGludo, i:rritWoll- of the Ildn' ayes, <1144 upper J!0spiratory trad., , and Z-astrofiltesunal effoots; and REAS, as poly, -t cnc is I Ight wid lues good insifti-ion proputies, it is 'wad in all I typos of products, iachiding tho so to koqp -fbod avid beveraps hold or cold atwl to jxrotewi items brbig ahipping, and 7 Aj-aended Agenda ftemNb, 7(A) Page 2 WHETWAS, polWyxage p.roduots are a prinalpla Gompwiant of uiban IRWT wid ina6w, debris; and WHEREAS, indeed, polyatyxwe is notorious for bizaldiag app into piers timet: clog storin-watop pipes and call abnpwt wjldlif6, and :k an-wisightly twisanoo nogativol-y imp aothg our �Tmulsm-depeadtnt economy, nand WTIERkAs' Rwlwo-as cities a0ross the United States, ijioluding amiul -withhi Mami-facie Comity-, have bamed polptyrujies inparks mid on beach og oT their use altop-thor, ifichidbag Wadi Begc�a, FL, Key Bisoayno, FL, Bat Harbour, FL, Bay Haxb& lslanda,M, Nort-h ,Bay V4149e, FL, Siirfside, FL, Now Yoik City, NY, AIbMy Coimty, NY, Poit-Jand, OR, an 'Frful6sco, CA, Los Angebm Couuty,, CA, MgRb% CA, Oaki-wid, (' A, San. Soso, CA, Scanto, WA, Amhorst, MA, fvfbmpapolis, MN, gid Wwhiagton, D.C,, atid WTHMEAS) it is hi'tho best hitorest of Mimi -Dade Cowity mid its residents to proteel: its parks and boaclics and to ban polystymme pmduots iia. County-oAmed, oporat ed or mawged paics, nawal areas and boaohe,s, and WIMIRRAS, in 2010, flaia Bomxd adopted Ordirawoe No. 10-52 which inor=qod, flaw i.n.aximiun linos and imprisonment assooialvd. wo vlolatiowof thc:P arkndo sot fbith in Chaptox 26 of the Comity Corte; to $500,00 and. 60 days in the Cmmty jail; mad WHERE, AS, howovoi,-, as to violations of flwk polyatyrwo boa, this Beard desiros to defer ci6roctuant until July of 2017 in order to Qducatc the p'abhv, about tho ban and to limit the fixim to $50,00, k, Amendad &'vida ltein.No. 7(A) Page 3 NOW, TI-MIREMORE, BF. V ORDAINED -BY `SITE BOARD OF COUNTY COMMISSIONERS Or IWAMS-DADR, COUNTY, FLORTDA- SR00011 1, Chapter 26, ArU6,- 1 of the Code of Miami, -Dada Coutity, FlovLcla, is hemby menfled to read as foRows: I ARTICLE f - — IN GENERAL See. 26-1. — Rules and regulations adopted. [[Aiiy pargen (4) Rade 1. Definitions, he -Lmd heyeiu dxo follomring doridtions �qhwf apply" (a) 'rho terms Aparla v 11parkwar'll I 'Roomatioml. Arm-," "Mavhia-s" ai.~d othor "Amm 0 porab,d and Maintimd by tho Miuml-DoLde County Rom-eation Depeembat" axe dofmcd to meari pv.16, waynide-pub, -> pml<mays,playp ,mmdation fields, ,, rocre xavmumv, atiditoriumB, range.; and buildings, natural aroa'3' Words striolcmi through and/or ffdoablo btaokttod)] "I bo doiotod. Wolds vidsmomed - and/or >>doublo armwed<< constitute tho ane rdment: proposod, Reninining provisions are now iii. aff-but and mmain Lmchangod, Amended A-genda heir No. AA) fate 4 I f0mft or PIVIWIM-1,11, lakes, sk,6019, C,911als, lagoons, wntcxyrays, watft areas a-nd bemhes therein and all public seivip,o facilities coi duated. on gmwds, buildbip, mid RtraoW-ms iii Mia mi -Dame Ccnaty that ate undm the watrol of or amiguod for 11p1mol), mahitezame, or operation. by the MM -A -?ado Cmity >>kq—rkf,-<< Remation. >>md-Open Sggps--,< Dc parttncn, aW all beat tv-s and oc*wi areas avaj.14ble to thz publiain the uuftworporaixA azea of the Comity, The taim "Park -Propmty" wheal. used hetaivaftox is dcflned to oov(x 01 meas, buitdbigB, locations, and faoffities described la the ;foregoing paragraph, - -it," `&e Dopat �i-tont" whan. used. The terms Tadr. Doputma honinaftor are do: med as "The Miami-D.ade County >>�ggd-Opsa Le4<e Deptuinwit' and, tho Win "Doparbnbnt Director" mfm5 to rw the Dirootox of said D-putatit. Tho taim MepawApnt Emplpyoell retbrs to hidividuaIg mployed by ibe >>1—'ajms,-,,, [[Fatic—andj] Rooreadon the safe management, samnity, opptatim or maintmatico of pafk fac-liftios. In owstraing the hereof mad each and every wod, pbaw or pnt thereof where, th6 owitext will pomit, the dcltaiiticaais provided in Satfioll's 1.01 Florida 19twim MIMI appJ.y. 1".1NmMeMy fgj ,MML W111Aj[ ILA ,Ru(o 36. >>P,�O�biqqtt use aLPQUsbrqw oo&,m,z w 7ks In gy r W 17efbjWo-q,4- For p xp2sms-cIfIfik Ri Wo -wing di�Ezjg&Qh, 11 apph -q-a— _L (1) Park CotrcMfor ixiongs a �qo ),fr�w, yq glor 10 Amended Agenda ftemNo, 7(A) Page 5 of&� Gaudy thatnvos, war ka i �Iqkm-Lommkiiotidn of tA-Mmty�--4 )Tn � mial ovellts glirai-fteo foz arl ey pLiD a. Malik; ox m orator or.ina li num: a faviliLy ..pf P.BrIc pxo)eltv or a fav All ll a—park. (2)I)CtsopLmLoa mattdal ritiau _a .a axon, ixzulaaizxaa g.M-jt—tWd to c foam ox -qw ildoLt teat. �ainc ssed ley4nE--npmbqr af UY '41AUg ht : LAot-Lnjted fo fifof _ pul �-wv �,m j1prAs?aiidab Ljv - le bead goys_ t tUmio), _ jntLo Liinq�idiMjow ing dh s s rp-noLOT!= (3) Zq-lys( _Wpa. giq,'I & Mt ,pp _Iorlala are corigainois. R&S ju�& 00016:& Joe O'hosta., b , b vAd W sLa Llar Ob Do aw-qc-r�soll. �ao 'ra Polystypnig alticio onto any Park Mxg% e., xciui l •f od 11-i or Pow lie: ftTU0103 on Park Pro ext and i all facil Rios vacated mLfhjn �Pa, cs—.A mi�o�,aftoa �aLAA-s pu—Le ,shalt be detnied a d- Idorthe teraa, 0ftbo -21 —the -#Pglisg-1jq mp aIba ru z ae...Cc ii:� ad the, P rk,5 Co4U y -L—g- 'Tis nic nsed for,ni 11�iujL m, �Lq Live liceuL p"o q&A -dApLLh —ZO-uAy- Parks Contgactor. Wl &y L.-Olo Cc ani =d ji4m to J -pap 1. 2016 gliall notbL —o —sub pot to the L -,— , ia�ijcs vol %Ltaf ly op tlaoreto �qxco t �thflt �rcpw�4sur tie; 9!xerqlL otc tall onlXb � ,�d' x OMW if ft Parks of this Rule 3 6 durina ativ ronmKl ol Q=Alm 1p= 11 Amoadcd AgondaltemNo. 7(A) Page 6 00 - p=ablq- fl_or the actions of ITLigors in rMatd—stp,", tho pwIV Lbi Scc,26-2-- EnTarcemext aud Obefflextee to Rults,- Effoet of (a)- It shall be the duty and rooponsiblifty, of tho Mimi!-Dado Police Diepuiment to eiJorce, all. State laws, County ordinaaom, and in cu.T�Junotion with Dep moat empLoyeoa, oaf(X00 all i0gulationg and.1VION as WO)l as ad provisions of permits !Raed by tho >>�ParIcs<< [[*.� aAl Reotoatiori. >>gnd gu3, pgq%<< D uparLmont witbin the f. '611owb3g m�eas of the Cc wity: (I.) All parks Enul otlior areas xnainaitted and uparatod by, the Mimi-Dacle Comity and)] Reorealioa (2) Alt beaches and ocoan areas cast of the Stato diAguatod orosion. conuol. l and. tnado available to the public in the vmlnorporated area of the Cutinty ar'd in =66paliflog. >>-(ti)<< Othor ordinanoes not in oonffict with the, j"FpO4iee]] regulations; rules and pormits adoptod porsuant to Section 2&1 hmof i&C be enfotvod is 01 pruportik,.s tuidor the m=ge,mont and control of the >>Zg&,<<f,[ktsk--eaQ Rooml ion >>=d 0 Xen–_SRar�<< Depayti-nott, , mid -dolators shall be purnished in. accordance -with the por6ulax >,-jo �d This chaptor and the, police mwilationa, rotes au�d porn is adopted pursuant to Smdoji 26-1 h�,,xeof 91tall. betzkolt to be amulalve, wd shall meat be cowttaed to a=nd cT xopeal any other valid Cmuity ordinance ur peAalfy. 12 Am,�mdad Ag�mdaltomloo, 7(A) Fagg 7 the- doEnitanff �Pw- Adod-hi M1 .11 See, 26-3. - Application to Rickenbuker Causeway and Venetian Camem,my, Thapravislons Of this ohapter, mm mid ewrpt IWO$ 3,(a) imd (b), M(a), 22.(a) Faid (b), 1 L(a), -wid 7.(c) as stated in Section 26-1 hereot sh8M be appliomble to Eud m*med by the, Ci of -]J , ade Pohoo, Dopwmont iu, aboiit wid oil 1dolcouback" Causeway and Veml.lm Cas may sad all I p�-ovomoiAs, reorea'don arens and Imbli o Imp oily thoreof, hn Sec. 26-4. - Peoultyi >>JZ'&00PL-BJ' gRecifloafty_g%t f - L lore is ---Qa --RU)Ml --P--ftJA C'CO -,.'I to the qagqyy< [rAi* �4eWien--d] J >.>vLJUgA4X<< my Of the provisions of [tbN-Mee 8-eadon-264-, aud=�K�. h shaR bo pmbhod by>>, ALi�L26-3 gfthoQgdg<< 0a << a fmo -not tQ exceed ffnw)] >>-fiy-o<f hinxidxed dollam 1*11 by i-n"InisonnImt in tho Cc" jail for a periodnat tc muepd [- -[:0tiPty-(-3 G)J >>glytv 6 days >>:,Zo � —both<< [fox -J] such find wid impriionraeut >>In the Aigog@,ggg'Llig goint pt p_— iLii gpq �dm e �Ydth �Ch )t�u�C g� the —QgAL-qf MjmAA#& Countyor (e�IetLojx-.,gf the Miamij3a0ge QuQuuty DivegAgil 2-12, as.-itinn ylr to yea cied o a tuna to time < [r-VW0kfi-011--0-'f q 13 Amended A4,xendaItems No. 7(A) Wage 8 Lenox 2, If aqy section, iubsection, sentance, clawo or provisioll of this olkdjl=06 is held invalid, the Temairkdor of Ws or&anc,--.shult not be affected by such filvalidity. Soiojil It is the intention of tho Board of County Couunimtdoucru, tmd itis kvcby It ordained that the provislons of this ordinanw� iaohldhig any ounsoc pi vision, s&dl becowc and be made a pact ofthe Code of Miami -Dade County, Flojida., The goalons of this oidijwica nainy be Tonunibei:cd or yeleftered to aceoimplish awb. intcufion, and tho word "ordinmioe" may be ahwiged to "aooti=," "cadle," or Gther appropflato word. _jLun 4, This ordinawo shall become off-botive ten (10) days after the date of ujaacwaorit wdess vetoed by the Mayor, wid if votood, shall becotrie ellbotiw, only uporL aa oveM& by lfii,s Board, PASSEDANDADOYWD! aune 7, 2016 ApIgovod by Co-onty Attornoy as to fonii anJ legaL silfialeacy: Prepared by, MO n4q monloa Rizo Poroz Plitne Sponsor-, Coguntssloner Daiilol la Lovin.e. Cava HOYInfln BarbaraT, Tordm, 14 OFMIALNIX COVY CURK or TUr DQARn OF t0VNTV ATTA mwan'k I "CHMENT 2 MEMOR"NND7UM Amended Agenda Item No. 1. t(A)(5) TO- Honorable Chairnami J�an'Wnesdmo DATE: Jum 7, 2016 and Meniburs, Board of County Comilsainners FROM, Abigail Price -Williams 9TT.KTF,(!T-. Resolution dirocAing the County County .Attorney Mayor, qubjwt to o6nditioii precedent, to develop and imploinant a public awaronom oampaign, at no oost to tho County, to ffiforrnpublit: of- now park mle banning pol�.qyrejio ptoduots in parandbeaohes; and.to report to tlxo Board within 90 Idtiys on the Aatuq oaf the dovolqrniwit and implen-tentation of the. public awaiehom k-'Wup 4i gli ReoDllltlorl No, R-501-16 I The acoonipanying resolution was prepared dAd plawd = tho agonda at the zequest of PrIM0 Sponsor Commissioner Daniella Leviae Cave cuid Co-Spmqox Commissioner SEXY A, Heyman, 19 APW/stnui kt County Attorney ti 15 TVIEMORANDUM, TO: Hon oxable ChwMan Je= MonoatIMO DATA June 7, 2016 alla WMb=, Board of County Conimigsionem A Arnended FROH: ii SUBMICT: AgcadaftmnNo- II(A)(5) ii ne,y I ;Tease auto auy lip --mg chocked. 113 -My Rule" for committoes applicable if raised 6,weefo requixed betwewl first reaftg and PubRe hearlug 1 4 wools azo filicabon in mimicipal officials required prior to piiblie laeaxyfoxg Dzerea.ws revenues or increaNes ompenditareg without balanclog budpt Budget ti Statommit of Meal impact reqired Statement of sixial equity roquired Ordbtance ereRtijig a new board roqzIr(,z dotafied Colluty h1layor's rep ort for pabRe hostring No wmwiftoo review Applicablef legislation require i'lai oro than a raj ori-ty'voto la, -I1 's imam inaus to approve Ctwxent hiformailon rogPrdhg-:r=dWgsource., ix dex eodo And availahlb balaneo, and milable capacity (if CbMis ContaMPIOPd) req1drod IN Approved. --m-ayo—T Veto Override RE, S OLTJTION NO, R-501-16 Amandad Agenda, Item No, I I (A)(5) 6-7-16 RESOLUTION DIRE CTIN0 THE COUNTY MAYOR OR MAYOECS DESIGNEE, SUBJBCT TO CONDITION PRFCFJD:BNT, TO DEVELOP AND IMPLEMENT A PUBEX AWARENESS CAMPAIGN, AT NO COST TO THE COUNTY, TO INFORM PUBLIC OF NEW PARK RULE BAN]qlNQ POLYSTYRENE PRODUCTS IN PAIU(S AND BEACHES, AND TO RBPO�:r TO THE BOARD WITHIN 90 DA'Y,'.3 ON THE STNrUS OF THE DEVELOPMEXF AND TM&BMENTATION OF THE PUBLIC AWARENESS CAMPAIGN WffjiRFAS, polystyrene is a pettolown-bayed plastic, most wramonly Imowp treader the , Rmo'of "Styrofoam," which is aamttly the proprietary trade namo of a polyoyrena foam pzodua; and WHEREAS, tho EnAxomnontal ProtoofiDn Agency ("EPA!'),imm3d polystymne as tho fifth largest oreator of hazwdous waste; and WHEREAS, fhe biggest onviltonmental boalth oonconi-associated ww- 1, polystyrou, is the dig ger associated willi Stywno, the, basic ingrWiWit ill. POIYA'Y10110, Whifh 113 �IRSSIBW as a pwib"Io Inman uarcinogen by & EPA and the Int(miational Agency for Rpsemli on Caticez; and WHYPEAS,indcod, the af,-uto health effbots of exposure to styjwai�� inol-ade irritation of spiratory traot, and guUointe-Affialeffects; and thoukin, eyes, and uppor i-e ER EAS, as polyslymao is I ight and has goad iniSutaflon propet-fts, it is used iti all t)ro of produots, 1notading those to 4�p food and beveragui bold or 001d uld to px0twt items dufiiig Adpping, and WAERMAS, polystywno produots are a p�hwipal component of mban titwr mid marlao 6 -kris.; and `f7 kneaded AgendaltQmNo: 11(A)(5) Page Na. 2 WEB REAS, bideod, polystyrene is notorious for breaking tip into pieces that clog Ntomiwator pipos =d oan impact wildlife, and is an axisightly imisanco negatively impaoting otir towimi-dependent coonomy; and. WHE REAS, this ;Board is conside:ring the adoption, of 4 new park mlo to Chapter 26 of the Code of Miami -Dada County, Florida, which would ban polystyrtne produotq 11-1 CmIntT. owned, opwawd or managed packs, naUral areas and beaches � Tolystyrene B&); and WIMI REAS, tho Polyatyreno Ban being considered by this Board wo-ald not, ho-wevet, become, effective until daily 1, 2017 in order to pi-ovido, tho Coinity oufficirmt time tri infonn the public of alae Polystyrotit Bwi; aW WHERE AS, this Board desires to bavb the County Maym or Mayor's dosigme develop a Public awatGne-ss 0all-4mign, at 110 coat to the County, to Inform the public of the Polystyrene Baia, adopted pumiant to Otdinaace No. 16-58 and to repott to the Boatd wifhln 90 days on the stat -os of the plkliD awareness oampOgn doyvlopod aDd implaineatation thereof, NOW, THEREFORE, BE, IT RUSOLVED 13Y THE BOARD OF C0TJNTV COMMISSIONF,RS OF MIAMI-DADE COUNTY, FLORIDA, that: Section 1, The foregoing rooftals are imorporated in -Lo this resolution and ewe ap1noyrA. gottLqLi 1. Tbis Boar -d hereby dirootq the Cowity Mayor or Mayor's designee to develop a p�ibfio awareness onxpaiga, at no cost to the Cowity, to inform the ribtic of the Polystyrene Bwi, adopted pur"ant to Ordinance No. 16-,i8 and to roport to the Board Within 90 days, onthe status ofthopublic .aware 4less oar apaign devolopod arLd implementation thereof, The Cowity Mayor or Maya's dmignea shall place the conipletod report on an agonda of the Boaid pursuant to Ordinanoo No. 14-65 in I kmded AgeadalteniNu, ll(A)(S) Page No. 3 Tha Prime Sponeor of the foregoing resolution. is Commissioner Daniefla Lovino Cava and the Co -Sponsor is Commissioner Sally A, I-kymau. It vias off'er'ed by Commissioner Daniella Levine Cava , wbo :moved its adoptiom The tnotion was wm)aded by Commisaioner Rebecca Sosa and upon being put to a vote, thf, vote was as follows: Joan Monestime, Chairman aye Esteban L. Bow, Jr., Vlot) ChKiinion nye Bruno A, 13wrmiro obgent Danie& Lovine C8,va aye Soso "Pope" Diaz aye Aadroy M. Rdmonsorl aye Sally A. HoyrnaD aye Barbara J-101rdan aye Donals C. Moss 11ye Roboca Sosa aye Sen, Javlt�rD, Souto abSellf Xavier L, Suarez aye T,,.r, 1"1 7 to qVP �.v Tho Chairperm loroupoli dec-larcd. dw, r%ohition duty pusod vend adopted this 7t" day of June, 2016. This resolution shadbeconac effeetlye upon t1w oafflor of (1) 10 days a the, date of its adoption 'anless vowed by the County Mayor, rmd if vetoed, sball, bwome effwtivc way ul)cn an ovouldo by, this Board, or (2) apl=val by -aic, County Mayor of this Rml-ation ful the filhig of tlis aj.)Proval with. tho Clerk of the.Bpard. 40 Appi�vod by Cwt4y AtWraey as to foyal and legatwaffiwiewy, Nibe MonimRlzo Perez 19 MIAMI-DADE COUNTY, FLORIDA BY iTS BOARD OF COUNTY COMMISSIONRRS HARVEY RUVIN, CLERK By� ChiLsstopher Agrippa Deputy Clerk 3/15/2017 § 97.04- Rules and regulations. I Code of Ordinances I North Bay Village, FL j Municode Library Chapter 97 - PARKS ANIS RECREATION (PHILIP SCH®NBERGER TOT LOT PARK AND DR. PAUL. VOGEL CQMMUNITY § 97.01 - Fees. m odf.& 4 (a) The Village parks are to be used for activities conducted by or under the authority of the Village primarily for citizens of the Village. These park and facilities may be rented to recognized recreation groups or residents, when not in conflict with the Village's activities. pees for the use of facilities shall be as follows: Dr. Paul Vogel Community Park Residents: $100.00 for each event Non -Residents: $175.00 for each event Philip Schonberger Tot Lot Park Residents: $100.00 for each event Non -Residents: $175.00 for each event All fees shall be Maid by credit card upon approval of reservations. (1) Rental of the park will be reserved for the period specified. in the park reservation form provided by the Village. (2) Rental of the park shall be limited to exclusive use of the pavilion, picnic tables, and beaches. The park will remain open to the public. (3) All waste from each event must be disposed of by renter in the Village trash receptacles provided. A $100.00 fee will be imposed for the removal of trash left in the parks. Such fees will be automatically charged to the renter's credit card. (4) No barbecues or open fires are allowed unless specifically authorized by the Village Manager. (5) No drinking of alcoholic beverages is allowed on the premises. (6) Cooking of food on the premises is prohibited, unless specifically authorized by the Village Manager. (7) Renters of the park shall be responsible for supervising their guests, presents, and other supplies. (8) Renters of the park shall comply with regulations set forth herein regarding animals, motorized vehicles, bicycles, skateboards, skates or other wheeled vehicles. (9) No bounce houses, water slides, inflatables or carnival rides are permitted, unless specifically authorized by the Village Manager. (10) Renters of the park shall hold the Village harmless from any personal injuries or damages occurring during any event. (11) The use of Styrofoam food containers or drinking glasses/cups is prohibited. An additional $200.00 per hour will be charged for all events in excess of four hours. It shall be the responsibility of each renter of the park to remove all garbage from the park after each event. (Ord. No. 2009-05, § 1, 7-14-09; Ord. No. 2016-001, § 2, 2-9-16) Enudirwd https:/Iwww,municode,comllibrary/l>/north bay viIIageloodeslcode_of_ordinances?nodeid=TITIXGERE CH97PAREPHSCTOLOPADRPAVOCOPA_S97.04RU... V4 3/15/2017 § 97.04 - mules and regulations. I Code of Ordinances I North Bay Village, FL I Municode Library § 97.02 - Hours. Except for special events and unforeseen emergencies, parks shall be open to the public every day of the year. Dr. Paul Vogel Community Park at 7920 West Drive hours shall be from sunrise to 9:00 p.m. Philip Schonberger Park at 1841 Galleon Street hours shall be from sunrise to sunset. No person shall enter, be, or remain in the park after closing hours. (Ord. No. 2009-05, § I, 7-14-09; Ord. No. 2016-001, § 2, 2-9-16) § 97.03 - Closed areas. Any section or part of the park pray be declared closed to the public at any tinne as the Village's representative in charge finds reasonably necessary. (Ord. No. 2009-05, § 1, 7-1409) § 97.04 - Rules and regulations. No person shall, within any public park situated within the boundaries of the Village: (1) Disobey the lawful and reasonable order of a police officer in the discharge of such officer's duties or disobey or disregard the notices, prohibitions, instructions or directions on any park sign, including rules and regulations posted on the grounds in the parks. (2) Willfully mark, deface, disfigure, injure, tamper with or displace or remove any park property or appurtenances whatsoever. (3) Endanger the safety of any person by any conduct or act. (4) Snnoke in areas prohibited by designated signs posted by the Village Manager. (5) Interfere with, encumber, obstruct or render dangerous any part of a park. (6) Enter or leave any park facility, except at established entranceways or exits or at established times. (7) Conunnit any assault or battery or engage in, instigate or encourage a contention or fight. (8) Destroy, cut, break, deface, mutilate, injure, disturb, sever from the ground or remove any growing thing, including but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, sterni, fruit or leaf thereof, or bring into or have in such person's possession in any park any tool ar instrument intended to be used for cutting thereof or any garden or agricultural implements or tools which could be used for the removal thereof. (9) Attach any posters, fliers, banners, notices or directional signs to trees. (10) Change clothing in any park area. (11) Dump, deposit or leave any bottles, broken glass, paper, boxes, cans, dirt, rubbish, waste, garbage, refuse or other trash anywhere on the grounds of the parks, other than in proper receptacles provided therefore, and no such refuse or trash shall be placed in any waters in or contiguous to the parks or beach areas. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the parks by the person responsible for its presence and properly disposed of elsewhere. (12) Operate a concession, or peddle, solicit, sell, advertise or distribute any articles, merchandise, pamphlets or objects of any kind whatsoever in any park without written approval of the Village Manager. (13) It shall be unlawful for any person to use, carry, place, or discard any expanded polystyrene product (as defined insection 94.21 of the Village Code) in any park within the Village. (Ord. No. 2009-05, § 1, 7-14-09; Ord. No. 2015-003, § 3, 3-10-15; Ord. No. 2016-001, § 2, 2-9-16) § 97.05 - Vehicles. https:/www.municode,com/library/l/nDrth_bayvillagelcodes/code of ordinances?nodeld=TITIXGERE CH97PARFPHSCTOLOPADRPAVOCOPA 397.04RU... 214 3115/2017 § 97.D4- Rules and regulations. j Code of Drdirarces I North Bay Village, FL I M unicode Library (A) No person shall operate a motorized vehicle of any type in the park except upon designated paved roadways or improved driveways or park a vehicle on property other than in areas designated for parking that type of vehicle. (B) No bicycles, skateboards, skates, or other wheeled vehicles shall be pennitted except in areas designated for their use. (Ord. No. 2009-05, § 1, 7-14-09) § 97.06 - Alcoholic beverages, intoxicated persons at,oJit;rd prohibited. (A) Alcoholic beverages. No person shall bring onto, consume, serve or sell any alcoholic or intoxicating beverages in the park, hitless there has been specific prior authorization by the Village Cominission pursuant to a written agreement or resolution. (B) Drunkenness. No intoxicated person shall enter, be, or remain in the park. Such persons shall be removed by the police. (Ord. No. 2009-05, § 1, 7-14-09; Ord. No. 2016-001, § 2, 2-9-16) § 97.07 - poise. No person shall play loud music or create loud noise, except during authorized functions. (Ord. No. 2009-05, § 1, 7-14-09) § 97.08 - Animals, pets. Dogs, other domestic animals, or similar pets shall not be allowed in the park. (Ord. No. 2009-05, § 1, 7-14-09) § 97.09 - Injury to buildings or property. No person shall willfully mark, deface, or injure any structure, equipment, trees, shrubbery, grass, or park property of any kind. (Ord. No. 2009-05, § 1, 7-14-09) § 97.10 - Proper attire. When participating in basketball or handball, basketball or tennis shoes must be worn at all tunes. When participating in tennis activities, tennis shoes and proper attire must be worn at all times. (Ord. No. 2009-05, § 1, 7-14-09) § 97.11- Toddler Parr. No child over the age of eight shall be permitted in the Toddler Park. Any child under four years of age shall have proper supervision. (Ord. No. 2009-05, § 1, 7-14.09) § 97.12 - Organized games. The playing of organized games such as softball, baseball, soccer, or the like is prohibited except on fields, courts, or areas designated for such use or as directed by the Village's authorized representative. https:llwww,municode.com/1ibraryffl/north bay villag@lcodes/cade of ordinances?nodeid=TITIIXGERE CH97PAREPHSCTOLOPADRPAVOCOPA S97,fKFZU... 314 3/15/2017 § 97.04 - Rules and regulations, I Code of Ordinances I North Bay Village, FL E M unicode library (Ord, No. 2009.05, § 1, 7-14-09) § 97.13 - Fires prohibited. No person shall build or attempt to build a fire in any park within the Village, unless specifically authorized by the Village Manager. (Ord. No. 2009-05, § 1, 7-14-09; Ord, No. 2016-001, § 2, 2-9-16) § 97.14 - Ejection from park. Any person found violating any provision of this chapter, or other municipal or county ordinance, or state or federal law shall be either ejected or arrested by the Police. (Ord. No. 2009-05, § 1, 7-14-09) § 97.15 - Villager manager's authority. ,l£"$� The Village Manager is authorized to grant exceptions to any and all regulations set forth herein at his sole discretion. (Ord. No. 2016-001, § 2, 2-9-16) § 97.99 - Penalty. Any person convicted of violating provisions of this chapter shall be punished by a fine not less than $250.00 but not to exceed $1,000.00, imprisoiunent not exceeding 180 days, or both. (Ord, No. 2009-05, § 1, 7-14-09) § 96.18 - Motor Vehicle burglar alarms, https:flwww.muriicode.com/librarylfl/north_bay vi[lagelaodestcode_of_ordinances?nodeld=TlT[XGERE CH97PAREPHSCTOLOPADRPAVOCOPA S97.04RU... 414 3/15/2017 DIVISION 3. - EXPANDED POLYSTYRENE (STYROFOAM) FOOD SERVICE ARTICLES I Code of Ordinances I Surfside, FL I Municode Library DIVISION 3. - SERVICE ARTICLES Sec. 34-9. - Prohibitions regarding sale or use of expanded polystyrene food service articles by town contractors and special event permittees. (a) Legislative intent. Expanded polystyrene, a petroleum byproduct commonly known as Styrofoam, is neither readily recyclable nor biodegradable and takes hundreds to thousands of years or more to degrade. Expanded polystyrene is a common pollutant, which fragments into smaller, non -biodegradable pieces that are harmful to marine life, other wildlife and the environment. The town's goals are to reduce the use of expanded polystyrene and encourage the use of reusable, recyclable and/or compostable alternatives. (b) Definitions. For purposes of this section only, the following definitions shall apply: (1) Town contractor means a contractor, vendor, lessee, concessionaire of the town, or operator of a town facility or property. (2) Expanded polystyrene means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding and extrusion -blown molding (extruded foam polystyrene). (3) Expanded polystyrene food service articles means plates, bowls, cups, containers, lids, trays, coolers, Ice chests and all similar articles that consist of expanded polystyrene. (4) Town facility includes, but is not limited to, any building, structure, park, or beach owned, operated or managed by the town. (5) Town property includes, but is not limited to, any land, water, or air rights owned, operated or managed by the town. (6) Special event permittee means any person or entity issued a special event permit by the town for a special event on town property or in a town facility. (c) Town contractors and special event permittees shall not sell, use, provide food in or offer the use of expanded polystyrene food services articles in Town facilities or on town property. A violation of this section shall be deemed a default under the terms of the town contract, lease or concession agreement and is grounds for revocation of a special event permit. This subsection shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by the town contractor or special event permittee. (d) Any town contract, lease, or concession agreement entered into prior to the effective date of this section or any special event permit issued prior to the effective date of this section shall not be subject to the requirements of this section, unless the town contractor or special event permittee voluntarily agrees thereto. (Ord. No. 1630, § 2, 3-10-15) https:itwww.municode.com/library/fllsurfsidelcodes/code of ordinances?nodeld=PTIICO_CH34EN ARTIINGE_DIV3EXPOSTFOSEAR 'ill 3115!2017 Sec. 34-78. - Definitions,, Code of Ordinances I Surfside, FL I Municode Library ARTICLE V. - LITTER Sec. 34-78. - Definitions. Benefactor means the owner of the business advertised in the commercial handbill whose agent, employee, contractor, promoter, or other representative did or caused the throwing, discarding, placing or depositing. Business means any cominercial or industrial activity, entity, or event in or for which any goods or services are made, sold or offered for sale or other consideration, pecuniary or otherwise. Expanded polystyrene means blown polysomene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fission of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). Handbill means any handbill, flyer, paper, document, dodger, circular, folder, booklet, letter, card, pamphlet, sheet, poster, sticker, banner, notice or other written, printed or painted matter or object that conveys any information, except that "handbill" shall not include a newspaper or its contents. Commercial handbill means any handbill that conveys any information about any goods or service provided by a business. Litter means any animal food, paper, handbill, commercial handbill, garbage, bottle caps, chewing gum, tobacco products, including, but not limited to, used and unused cigarettes, cigars, pipe or chewing tobacco, cigarette butts, or other waste, including, but not limited to, tree, plant, and grass cuttings, leaves, or other yard maintenance debris, that has been placed or deposited on a public sidewalk, street, road, avenue, beach, Swale, median, building, fence, wall, boardwalk, beachwalk, baywalk, cutwalk, park, or in a gutter, drain, or sewer, or on any other public property, right-of-way or place, or on any object located on public property, or on the kneewall, window ledge or sill of any public or private building, or on a motor vehicle, or on any other type of private real or personal property other than in containers used for the collection of solid waste by the Town or approved collection firms. Handbills and commercial handbills attached to a trash receptacle, but not within the trash receptacle in the usual manner, shall also be considered litter. One day means a 24-hour period from noon to noun. Person, benefactor or owner include, within their respective meanings, either an individual or an entity. (Ord. No. 1.581, § 2, 9-13-11; Ord. No. 1630, § 2, 3-10-15) Sec. 34-79. - Unfinished, vacant unoccupied or closed structures, construction sites or vacant lots; maintenance procedures required of owners. (a) All owners of unfinished, vacant, unoccupied, closed or unfinished structures or buildings, construction sites or any.other vacant lots shall comply with rules and regulations relating to such structures or buildings, construction sites or vacant lots as promulgated by the building official and in accordance with sections 34-66 through -3A--70 relating to lot clearing. These rules and regulations shall specify those actions and time limits within which owners shall beautify, secure and/or patrol their structures or buildings. (b) Noncompliance with this section shall be punishable in a manner as provided in section 1-8. Noncompliance with this section may result in the Town's taking such action as it deems appropriate https:/www,municode.com/library/flisurfsido/codesicode_of ordinances?nodeld=PTIICO—OH34EN ARTVLI_S34-78DE 113 3/15/2017 Sec. 34-78. - Definitions. I Code of Ordinances I Surfside, FL E Municode Library under the circumstances, and a lien shall be imposed against the structure or building for recovery of all costs involved. (c) If the owners or occupants of such lands within the town shall fail to comply with the requirements of this section, the town manager shall cause such work to be done and keep an account of the cost thereof, whereupon such cost shall be a charge and lien against the property so cleaned. Such existing liens or liens imposed hereafter shall be treated as special assessment liens against the subject real property, and until fully paid and discharged, shall remain liens equal in rank and dignity with the lien of ad valorem taxes, and shall be superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the real property involved; the maximum rate of interest allowable by law shall accrue to such delinquent accounts. Such liens shall be enforced by any of the methods provided in F.S. ch. 86; or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions applicable to practice, pleading and procedure for the foreclosure of mortgages on real estate set forth in state statutes, or may be foreclosed per F.S. ch. 173, or the collection and enforcement of payment thereof may be accomplished by any other method authorized by law. The owner and/or operator shall pay all costs of collection, including reasonable attorney fees, incurred in the collection of fees, service charges, penalties and liens imposed by virtue of this article. (Ord. No. 1581, § 2, 9-13-11) See. 34-80. - Prohibitions on litter; civil fines for violations; enforcement; appeals; liens. (a) It shall be unlawful for any person or benefactor to throw, discard, place or deposit, or cause to be thrown, discarded, placed, or deposited, litter in any manner or amount whatsoever in or on any public highway, sidewalk, road, street, alley, thoroughfare, beach, park, baywalk, beachwalk, cut walk, or any other public place, except in containers or areas lawfully provided therefor. It shall be unlawful for any person to throw, discard, place or deposit any garbage, cans, bottles or containers in or on any freshwater lakes, rivers, streams, canals, or tidal or coastal waters within the town. In addition, it shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount whatsoever on any private real or personal property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local laws, rules or regulations. (b) It shall be unlawful for any person to carry onto any beach within the town a glass container. In addition, it shall be unlawful for any person to carry any expanded polystyrene product onto any beach or into any park within the town. (c) Fines shall be imposed for violations as set forth in the schedule of fines adopted by resolution. In lieu of a fine, the special master may accept voluntary community service removing litter in the town equivalent to one hour of community service for each imposed fine. If the community service is not completed within three months of an adjudication of guilt, the fine shall be reinstated. (d) If a violation of this section resulted from the throwing, discarding, placing or depositing, or causing to be thrown, discarded, placed, or deposited commercial handbills as litter, then the schedule of fines adopted by resolution shall be imposed. The special master shall not have discretion to alter these prescribed penalties except as to the per handbill fine provided for therein. No person or benefactor shall receive more than one offense within any one -day period. (e) At any prosecution for violation of this section when the litter involved is a commercial handbill, if ten or more commercial handbills advertising the same business are found in plain view as litter under circumstances that make it more likely than not that the commercial handbills were placed there, or caused to be placed there, by an agent, employee, contractor, promoter, or other representative of the business advertised on the face of the commercial handbills, the special master shall apply a rebuttable presumption that the business advertised on the face of the handbills threw, discarded, placed or deposited the commercial handbills as litter. (f) If a person is found littering with commercial handbills, the code compliance officer is authorized to seize, for use as evidence in the prosecution of the violator before the special master, all commercial handbills in the possession of the violator. https:llwww.municode.com/library/fllsurfsiddcodeslcode of ordinances?nodeld=PTIICO, CH34EN ARTVLI_S34-78DE 213 3/15/2017 sec. 34-78. - Definitions. I Code of Ordinances I Surfside, FL i Municode Library (g) The town may cause the removal, at the violator's expense, of all litter distributed or placed in violation of this section. (h) Enforcement by code compliance officers; notice of violation. If a code compliance officer finds a violation of this article, such code compliance officer shall issue a notice of violation to the violator as provided in Chapter 15. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violations and waiver of the right to a hearing. (i) Rights of violators; payment of fine; right to appeal; failure to pay civil fine or to appeal. (1) A violator who has been served with a notice of violation shall elect either to: a. Pay the civil fine in the manner indicated on the notice; or b. Request an administrative hearing before a special master appointed by the town commission upon recommendation of the town manager to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation. (2) The procedures for appeal by administrative hearing of the notice of violation shall be as set forth in sections 15-12 and 15-15 of the Town Code. (3) If the named violator after notice fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly. (4) Any party aggrieved by the decision of the special master may appeal the decision in accordance with law. {j) Recovery of unpaid fines; unpaid fines to constitute a lien; foreclosure. (1) The town may institute proceedings in a court of competent jurisdiction to compel payment of civil fines. (2) A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the town may foreclose or otherwise execute upon the lien. (k) Nothing in this article shall limit or restrict any condition or limitation imposed by the planning and zoning board. (1) Injunctive relief. As an additional means of enforcement, the town may seek injw-active relief and/or follow procedures to revoke a business tax receipt and/or certificate of use as set forth in chapters 14, 18 and 70 of the Town Code when there are more than three offenses by the same violator within a calendar year. (Ord. No. 1581, § 2, 9-13-11; Ord. No, 1621, § 2, 6-10-14; Ord. No. 1630, § 2, 3-1015) Sec. 30-46. - Required. hltps://www.municode,com/library/FlJsurfside/codeslcode_of ordinances?nodeld=PTIICO_CH34EN ARTVLI_S34-78DE 3/3 3/27/2017 ARTICLE VI.- VIRGIN ]A KEY BEACH PARK TRUST I Cade of Ordinances I Miami, FL I Municode Library ARTICLE VI. VIRGINIA KEY BEACH PARK Sec. 38-230. - Virginia Key Beach Park Trust created. A limited agency and instrumentality of the city to be known as the "Virginia Key Beach Park Trust" is hereby created and established. Use of the term "trust" in this article shall mean the Virginia Key Beach Park Trust. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-231. - Jurisdictional authority. The Trust shall exercise the powers and duties set forth in this chapter over the land area described in "Attachment A," attached hereto and incorporated herein. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-232. - Purpose; powers and duties, (a) Purpose. The trust, in cooperation with the department of parks and recreation and other city departments, shall be guided by its vision to preserve the Historic Virginia Key Beach Park (the "park") property in a manner consistent with the environmental health, public use, historical importance of the park and the aspirations of the African American community and shall propose policy, planning, and design to ensure maximum community utilization, enjoyment, and maintenance of the park as an open greenspace compatible with its historical and recreational characteristics and accessible to the public. The trust shall endeavor to promote activities and functions at the park consistent with this purpose and with the nature of the park. (b) Powers and duties. Subject to city commission approval and compliance with the terms and conditions of any existing contractual obligations, the trust shall be empowered to take all actions necessary including, but not limited to, activities which: (1) Protect, preserve, advocate for and ensure the retention of the deed restriction imposed upon the property known as Old County Park when deeded to the City of Miami by Miami -Dade County, which . ensures public access and restricts the "land" to public park uses; (2) Assist and advise the city commission, the department of parks and recreation, other departments and other public officials and entities concerning the park; (3) Promote, oversee and assist in the activities of private persons and other organizations concerned for the park, and develop increased public awareness, use, and interest in Historic Virginia Key Beach Park; (4) Assist in providing services, group tours, and information to visitors of the park, environmental and historical education, food, cultural and recreational activities and other special events; (b) Increase public consciousness about the historic and environmental significance of the park and assist in the park's application for historic designation locally, within the state and nationally; (6) Solicit and accept grants, contributions and financial and non-financial support from individuals, private business interests, the general public, governmental entities, corporations and organizations, foundations and other philanthropic entities; (7) Establish partnerships and associations with other entities for the purpose of collecting and preserving historical data, memorabilia, artifacts and other material in furtherance of the trust's purpose; (8) Implement full and active participation and cooperation with public and private entities in furtherance of the trust's purpose and the desires of the community; promote the stabilization, preservation, and restoration of existing structures; conduct land and archeological surveys; and establish historic marker designations of lost or removed structures and equipment located at the park; (9) Participate in any other fundraising activity, whether solely involving the trust or involving partnerships with other persons or public or private organizations, which furthers the trust's purpose. (c) Notwithstanding any provisions to the contrary, the trust shall exercise only such powers as are granted pursuant to this article. https:/lwww.municode.comlibrary/fl/miami/codes/code of ordinances?nodeld=PTI[THCO CH38PARE ARTVIVIKEBEPATR 117 3!27/2017 ARTICLE VI. - VIRGINIA KEY BEACH PARK TRUST I Code of Ordinances I Miami, FL I Municode Library (Ord. No. 12003, § 3, 12-14-00; Ord. No. 12857, § 2, 10-12-06) Sec. 38-233. - Governing body: composition and appointments; terms of office and vacancies; membership eligibility requirements; oath; quorum and voting; meetings; attendance requirements; indemnification. (a) Composition and appointments. The trust shall consist of nine (9) members comprised as follows: (1) One (1) member appointed by the mayor; (2) Five (5) members appointed by the city commission, with each commissioner nominating one individual; (3) Three (3) at -large members initially nominated by the existing or former members of the Virginia Key Beach Advisory Board and subsequently nominated by a majority of the existing members of the trust and confirmed and appointed by the city commission; (4) The trust members shall broadly reflect the diversity of the community and share technical, professional expertise or experiential knowledge and interest in the following areas: natural and environmental sciences, historic preservation and restoration, history of the Old County Park on Virginia Key, architecture and engineering, planning and land use law, administration and fiscal management, recreation and cultural endeavors, public relations and marketing, and park management and programs. (b) Terms of office and vacancies. Each member shall be appointed by the mayor or city commission for a term of two years or until the mayor or nominating commissioner leaves office, whichever occurs first, except that any person appointed to fill a vacancy due to the death, resignation or removal of any member of the trust shall serve only for the remainder of the unexpired term. No member shall serve more than eight consecutive years on the trust. Nothing set forth herein shall prohibit any individual from being reappointed after a hiatus of two years. (1) The eight -consecutive year limitation contained in this subsection may be waived for a particular trust member who has completed eight consecutive years to permit such board member to be reconsidered annually for an additional one-year term by a unanimous vote of the members of the city commission. (c) Membership eligibility requirements. (1) Each member of the trust shall reside, work, own real property or maintain a business in the city and shall be an individual of outstanding reputation for integrity, responsibility and commitment to serving the community and have a demonstrated interest in the future of the park and in implementing the vision of the Trust and of the Public Planning Charrette. Appointed members are expected to participate actively in the functioning of the trust. the chairperson of the trust shall have the power to appoint all members serving on the various committees which the trust shall establish from time to time. (2) Unless the city commission by four-fifths vote of its membership or an unanimous vote of the quorum that exists because of either abstentions or vacancies resulting from resignation, death, suspension, or physical incapacitation waives the requirement that trust members either reside in the city, own real property in the city or maintain a business in the city, any member of the trust who ceases to be a resident of the city and/or ceases to work, own real property or maintain a business in the city during the term of his or her office shall immediately advise the city clerk. The city clerk shall inform the city commission and the trust whenever a trust member has ceased to be in compliance with said membership eligibility requirements and the trust member shall be automatically removed from the trust. The city clerk shall then inform the city commission in writing that the position has been declared vacant. Upon being advised by the city clerk of such circumstances, an appointment to fill the vacancy shall be made in accordance with subparagraph (b) hereinabove. (3) No member of the trust shall become a candidate for elective political office during his or her term. Should any member of the trust qualify as a candidate for elective political office, such qualification shall be deemed a tender of resignation from the trust. (4) No employee of Miami -Dade County, Florida, or any municipality therein other than city employees, shall serve on or be appointed to the trust. (d) Oath. Upon the effective date of appointment, or as soon thereafter as practicable, each member of the trust shall assume the duties of a member of the trust, but before doing so, shall take the oath prescribed https://www.municode.com/libraryltl/miami/codes/Code_of ordinances?nodeld=PTI[THCO CH38PARF- ARTVIVIKESEPATR 217 3!27/2017 ARTICLE VL - VIRGINIA KEY BEACH PARK TRUST I Code of Ordinances I Miami, FL I Municode Library by section 41_(e) and (f) of the City Charter. (e) Quorum and voting. At all meetings of the trust, a majority of the then appointed members shall constitute a quorum for the transaction of business, and each member shall have one vote on every issue submitted to a vote of the trust. The act of a majority of the members present at a meeting at which a quorum is present shall be the act of the trust. The members of the Trust shall make and adopt bylaws and rules and regulations for the trust's governance and for the operation, management and maintenance of the park. (f) Meetings. The trust shall hold regular quarterly meetings and may hold such other meetings as it deems necessary. All meetings of the trust shall be public. Written minutes of the proceedings of all actions taken at the meeting of the trust shall be maintained by the trust and shall be promptly and properly recorded and submitted to the city clerk. (g) Attendance requirements. (1) A member shall be automatically removed if, (a) in a given calendar year he or she is absent from three consecutive meetings; or (b) he or she is absent from four properly noticed meetings within eight- month period without an excused absence. (2) The provisions of this subsection shall not apply to those individuals who are members of city boards and who are (1) reservists in the United States Armed Forces or members of the Florida National Guard, and have been ordered to active military duty for national, state, or homeland defense and due to such duty cannot attend board meetings, or (2) employees of agencies whose services are considered essential for national, state, or homeland defense and due to such services cannot attend board meetings. (h) Indemnification. The trust shall maintain officers and directors liability insurance coverage at all times, in an amount and in a form satisfactory to the city's insurance manager. To the extent such coverage does not apply, the city shall indemnify the members in the same manner and to the same extent that it indemnifies all other city advisory boards. Nothing in this section shall be construed in any way to affect the laws relating to sovereign immunity. (Ord. No. 12003, § 3, 12-14-00; Ord. No. 12201, § 1, 3-14-02; Ord. No. 13065, § 2, 5-14-09; Ord. No. 13170, § 3,5-13-10) Sec. 38-234. - Executive director; appointment, terra, qualifications, compensation, general powers and responsibilities. There shall be an executive director who shall be appointed by the trust subject to city commission approval. Additionally, each successor executive director shall be similarly appointed and approved. After hiring an executive director, the trust shall submit monthly written status reports on the trust's operations and expenses to the city commission. The executive director shall be a person of good moral character and have an excellent reputation for integrity, responsibility, and business ability, but no trust member shall be eligible for appointment as executive director. The executive director shall receive such salary as shall be fixed by the trust, and approved by the city commission. The executive director shall take an oath before assuming any duties. The executive director shall act as the chief executive officer of the trust. Subject to the policy directives of the trust, the executive director shall have general supervision over and be responsible for the management and operation of all trust activities, and facilities. The executive director shall execute all contracts on behalf of the trust after approval by the trust. The executive director shall attend all meetings of the trust, shall furnish the trust a quarterly report with respect to the management, operation, and maintenance of the park, and the financial condition of the trust, and shall from time to time have prepared and shall furnish such reports, audits and other information relating to the park and to the trust as may be required by the trust or the city. In the event that the executive director is for any reason temporarily incapable of exercising the powers and performing the duties and functions of the office, the city commission may appoint an acting executive director to exercise such powers and to perform such functions and duties until such incapacity of the executive director ceases. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-235. - Employment of assistants. Subject to the policy directives of the trust and budget limitations, the executive director may employ such assistants as are necessary to provide for the efficient operation of the trust. (Ord. No. 12003, § 3, 12-14-00) httpsl/www.munioode.com/librarylfllmiamilcodes/Code_of ordinances?nodeld=PTI]THCo_CH36PARE ARTVIVIKEBEPATR 317 3/27/2017 ARTICLE VI. -VIRGINIA KEY BEACH PARK TRUST I Cade of Ordinances I Miami, FL I Municode Library Sec. 38-236. - Counsel. The city attorney's office shall provide legal services to the trust as may be necessary and requested by the trust, (Ord. No. 12003, § 3, 12-14-00) Sec. 33-237. -Approval of budget. (a) Effective immediately, the trust shall establish a fiscal year which coincides with that of the city. The trust shall submit to the city commission, in a form acceptable to the city manager, and no later than April 1 preceding the commencement of each fiscal year, a trust budget request pertaining to management, operation, maintenance and capital expenditures and delineating the financial responsibility of the city for certain categories including but not limited to: insurance, security, utilities, capital improvements and maintenance. Nothing contained herein shall be construed to prohibit the trust from submitting a supplemental budget to the commission for approval. (b) No expenditure shall be made in any given year without approval by the city commission of the trust budget for that year and all expenditure shall comply with city procedures for acquisition of goods and services. (c) In conjunction with the submission of the budget, the trust shall submit a master plan reflecting the proposed operations, activities, improvements, and maintenance plans for the forthcoming fiscal year. The city commission may review and deny any item contained in the master plan within 30 days from the date of its submission by the trust. (d) No provision contained in this article shall be construed to violate the Anti -Deficiency Act, as set forth in sections 18-500 through 18-503 of this Code. (Ord. No. 12003, § 3, 12-14-00) Sec. 30-238. -Annual report and audit. (a) The trust shall submit to the mayor and city commission an annual report and an annual audit. The audit shall be performed by an external auditor who is a certified public accountant. (b) Additionally, the city shall have the right to audit any books, accounts, expenditures, receivables, and contracts of the trust at any time. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-239. - Charge for rental of park or use of park equipment. A charge for rental of the park or equipment use is hereby assessed on all private promoters of events or activities held at the park. Revenues from such charge shall be used to partially defray operational costs of the park. Notwithstanding any Charter or Code provision to the contrary, the trust, after consultation with the city manager, shall establish apportioned or unapportloned user fees for use of the park or park equipment. These charges shall not be applicable for those events for which contractual relationships preexist this article which have been approved by the city manager or designee. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-240. - Reservation of park use. The park shall be reserved for community use 50 percent of the days of each fiscal year. An additional 30 days each year are reserved for use by the trust, unless the trust has existing commitments for scheduled events on the requested day(s). The trust shall be empowered to waive the park rental fee during portion(s) of such 30 -day period when the park user is a bona fide nonprofit group, pursuant to Florida's General Nonprofit Corporation Act, which is exempt from federal taxation by virtue of section 501(c)(3) of the Internal Revenue Code, as amended, as being organized and operated exclusively for cultural charitable, scientific, environmental historical, testing for public safety, literary or educational purposes, or to foster national or international amateur sports competition, or for the prevention of cruelty to children or animals. (Ord. No. 12003, § 3, 12-14-00) https:/Iwww.municode.comllibrary/fllmiami/codeslcode of ordinances?nodeld=PTIITHCO_CH38PARE_ARTVIVIKEBEPATR 417 3/27/2017 ARTICLE VI.- VIRGINIA KEY BEACH PARK TRUST I Code of Ordinances I Miami, FL I Municode Library Sec. 38-241. -Authorization of the trust to allow the sale and/or dispensation of alcoholic beverages, including beer and wine, for special events, performances or programs; issuance of permits for special events which require extraordinary security measures or extraordinary amplification, prohibited. (a) Notwithstanding any provision in this Code to the contrary, the trust, or its executive director, on such special occasions and for such special events, performances or programs as deemed appropriate by the trust, or its executive director, may permit, upon execution of an application/permit form and upon payment in full of the permit fee specified in section 38-70(g), the sale or dispensing of alcoholic beverages, including beer and wine, in soft containers at the park. (b} Such sales or dispensing of alcoholic beverages, including beer and wine, are subject to compliance with all applicable state and local laws, rules, regulations and with any special conditions set forth on the applicationlpermit form. (c) No such permits shall be issued in connection with events of the type which requires extraordinary security measures or extraordinary amplification. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-242. -Abolition of trust. The city commission, by an affirmative vote of three commissioners, may abolish the trust, at which time the powers and duties of the trust shall revert to the city and the city shall resume responsibility for the maintenance, operation and management of the park. (Ord. No. 12003, § 3, 12-14-00) Sec. 38-243. - Operation of vessels, boats, and other watercraft in marked swimming area, bathing area, or exclusion/safety zone of Historic Virginia Key (a) An exclusion/safety zone and "no wake zone" has been established for the designated waters of and off of Historic Virginia Key Beach Park pursuant to subsection 38-60(b). (b) No person shall operate any motorized vessel, motorized boat, or other motorized watercraft within a swimming area, bathing area, or exclusion/safety zone area within the Historic Virginia Key Beach Park beach area which has been clearly marked by duly authorized buoys or other alternative permitted regulatory markers. Hand -propelled or foot -propelled vessels without motors and other hand -propelled or foot -propelled watercraft without motors, such as canoes, kayaks, surf boards, sail boards, kite boards, and wind -surfing boards, are permitted to be operated in a safe manner within such designated swimming area, bathing area or exclusion/safety zone within the Historic Virginia Key Beach Park beach area. (c) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and (3) Indemnify the Virginia Key Beach Park Trust, the city and their respective officers, directors, and employees for such waiver. (4) The provisions of this section shall not apply to a "special event" (as defined in section 38- 74 and section 54-1) for which a special events permit is obtained from the executive director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) https:llwww.municode,corn!library/fl/miami/codes/Code_of ordinances?nodeld=PTIITHCO CH38PARE ART1/IVIKEBEPATR 517 3/27/2017 ARTICLE Vl. - VIRGINIA KEY BEACH PARK TRUST I Code of ordinances I Miami, FL I Municode Library Sec. 38-244. - Speed of vessels, beats, and other watercraft off Historic !Virginia Key Beach Park. (a) No person shall operate any vessel, boat or other watercraft off the waters of Historic Virginia Key Beach Park at a speed greater than five miles per hour within 100 feet of any person in the water. (b) No person operating a boat, vessel or other watercraft off any part of Historic Virginia Key Beach Park beach area shall engage in a race or contest of speed with another boat, vessel, or other watercraft at any time. (c) The provisions of this section shall not apply to races or regattas when the city commission has given permission for such races or regattas to be held. (d) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and (3) Indemnify the Virginia Key Beach Part Trust, the city, and their respective officers, directors, and employees for such waiver. (e) The provisions of this section shall not apply to a "special event" (as defined ins ctlon 38-74 and section 54-1) for which a special events permit is obtained from the Executive Director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) State Law reference— Reckless or careless operation of vessels, F.S. § 327.33. other watercraft. Every person operating or navigating any vessel, boat or other watercraft in, on or under the waters off Historic Virginia Key Beach Park shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, current, closeness to swimmers, bathers, water skiers and other boats, vessels and watercraft, and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a vessel, boat or other watercraft in such a careful and prudent manner shall constitute careless boating and a violation of this section. (Ord. No. 13004, § 4, 6-12-08) State Law reference— Similar provisions, F.S. § 327.33; operating a vessel under the influence of drugs or alcohol, F.S. § 327.35 et seq. Sec. 38-246. - Operation or use of towed flying near beaches. (a) It shall be unlawful for any person to tow or manipulate any person attached to any towed flying or towed sailing device or towed parachute through or over an area within 500 feet each side of the water's edge of the Historic Virginia Key Beach Park beach area below an altitude of 500 feet above the surface of the water. (b) It shall be unlawful for any person to operate, engage in, be a passenger in or control any towed flying device, towed sailing device, or towed parachute carrying a person through or over an area within 500 feet each side of the water's edge of the Historic Virginia Key Beach Park beach area below an altitude of 500 feet above the surface of the water. (c) The provisions of this section shall not apply to film productions that specifically request a waiver from the executive director of the Virginia Key Beach Park Trust on their film permit applications as long as such film productions: (1) Take adequate safety precautions; (2) Specify in their waiver requests such precautions to be taken; and Mps:llwww.municede.comllibrarylFllmiamilcodeslcode of ordinances?nodeid=PTI]THCO CH38PARE_ARTVIVIKEBEPATR 617 3/27/2017 ARTICLE VI.- VIRGINIA KEY BEACH PARK TRUST I Code of Ordinances I Miami, FL I Municode Library (3) Indemnify the Virginia Key Beach Park Trust, the city and their respective officers, directors, and employees for such waiver. (d) The provisions of this section shall not apply to a "special event" (as defined in section 38-74 and section 54-1-1) for which a special events permit is obtained from the executive director of the Virginia Key Beach Park Trust. (Ord. No. 13004, § 4, 6-12-08) Sec. 38-247. - Launching of motorized vessels, motorized boats and motorized other watercraft from Historic Virginia Key Beach Park property. It shall be unlawful for any person to launch any motorized vessel, motorized boat or other motorized watercraft into the waters of and off of Historic Virginia Key Beach Park, unless the launching takes place at a marina, or from a boat ramp provided by Historic Virginia Key Beach Park. (Ord. No. 13004, § 4, 5-12-08) Secs. 38-203--38-229. - Reserved. https:llwww.municode.com/Iibrary/llmiami/codes/code_of ordinances?nodeld�PTI[THCO_CH38PARE ARTVIVIKEBEPATR 717 HOUSE OF REPRESENTATIVES FINAL BILL ANALYSIS BILL #: CS/CS/HB 7007 FINAL HOUSE FLOOR ACTION: SPONSOR(S): State Affairs Committee; 110 Y's 4 N's Agriculture & Natural Resources Appropriations Subcommittee; Agriculture & Natural Resources Subcommittee; Raburn and others COMPANION CS/CS/SB 1010; CS/CS/HB 749; GOVERNOR'S ACTION: Approved BILLS: CS/CS/SB 1310 SUMMARY ANALYSIS CS/CS/HB 7007 passed the House on February 3, 2016. The bill was amended by the Senate on March 9, 2016, and subsequently passed the House on March 9, 2016. The bill addresses a number of issues relating to the powers and duties of the Department of Agriculture and Consumer Services (DACS). In part, the bill: • Designates tupelo honey as the official Florida state honey. • Deletes a pest control operator certificate issuance fee and application late charge. • Adds dietary supplements to the list of possibly adulterated foods. • Adds allergen information labeling requirements to the list of possibly misbranded foods. -�,• Preempts to DACS the regulation of the use or sale of polystyrene products by entities regulated by the Florida Food Safety Act. • Authorizes DACS to sponsor "events" (not just breakfasts, luncheons, or dinners) to promote agriculture and agricultural business products. • Authorizes DACS to use money deposited in the Pest Control Trust Fund to carry out any of the powers of the Division of Agricultural Environmental Services. • Removes the requirement that DACS notify a property owner that a plant infested or infected with plant pests or noxious weeds has been found on their property if the plant is infested with pests or noxious weeds that are determined to be widely established in Florida. • Modifies the reporting period for fertilizer tonnage sales from monthly to.quarterly and changing the reporting requirement from 30 days following the reporting period to 15 days. • Preempts to DACS the regulatory authority for commercial feed and feedstuff. • Changes the powers and duties of the Soil and Water Conservation Districts to reflect current practices. • Eliminates Watershed Improvement Districts. • Authorizes DACS to implement the Farmer's Market Nutrition Program for Supplemental Nutrition Program for Women, Children and Infants. • Eliminates the requirement that each grain dealer report monthly to DACS the value of grain it received from producers for which the producers have not received payment. • Redesignates the Pompano State Farmers Markets the Edward L. Myrick State Farmers Market. The bill appears to have an insignificant negative fiscal impact on the state, no fiscal impact on local govemments, and a positive fiscal impact on the private sector. The bill was approved by the Governor on March 16, 2016, ch. 2016-61, L.O.F., and will become effective on July 1, 2016, unless otherwise provided. This document does not reflect the intent or official position of the bill sponsor or Houso of Representatives. STORAGE !NAME: h7007z1.ANR5 DATE; March 17, 2016 I. SUBSTANTIVE INFORMATION A. EFFECT OF CHANGES: Tupelo Honey Present Situation The Legislature has not designated an official state honey. Pure tupelo honey is commercially harvested in northwest Florida. The honey comes from the Ogeechee Tupelo tree, also known as the White Tupelo. This tree blossoms for a short season, usually only a few weeks in late April into early May. Effect of the Bill The bill creates s. 15.0521, F.S., to designate tupelo honey as the official state honey. Pest Control Operator's Certification Application Fee Present Situation Each location of each licensed pest control business must have a certified operator in charge that is registered with the Department of Agriculture and Consumer Services (DACS).1 This person must be certified for the particular category of pest control engaged in at that location and may be in charge of one or more categories if they are certified in those categories. A certified operator may not be in charge of the performance of pest control activities at more than one business location for a licensee except during a temporary absence.3 To become a certified operator, an individual must pass an examination and satisfy specified education and experience requirements.4 Each person seeking to be a certified operator must pay a $300 application fee to take the exam.' Once that person passes the exam, he or she must then receive an original certificate before engaging in pest control work.6 To obtain the original certificate, the individual must pay a $150 issuance fee.' Effect of the Bill The bill amends s. 482.111, F.S., to eliminate the issuance fee and associated application deadlines. Instead, DACS must issue a pest control operator's certificate to an individual who completes an application for examination, pays the examination fee, and passes the examination. DACS indicated that its online capabilities eliminated the need to have an extra step to issue an original certificate and will speed up the certification process.8 Limited Certification for Urban Landscape Commercial Fertilizer Application Present Situation The Department of Environmental Protection and the Institute of Food and Agricultural Sciences must provide training and testing programs in urban landscape best management practices.9 Persons who receive a certificate demonstrating successful completion of such training may apply to DACS to Section 482.111(6)(a), F.S. a Id. 3 Section 482.111(6)(c), F.S. A Section 482.132, F.S. $ Section 482.141, F.S.; rule 5E-14.123(4), F.A.C. 6 Section 482.111, F.S. 7 Id.; rule 5E-14.132(3), F.A.C. 3 DACS FISCAL Memo (August 18, 2015). 9 Section 403.9338(1), F.S. STORAGE NAME: h7007z1,ANRS PAGE: 2 DATE: March 17, 2016 receive limited certification for urban landscape commercial fertilizer application.10 Individuals who hold such certification are not subject to additional local testing." Section 482.1562, F.S., sets forth the application requirements to receive the limited certification. Beginning January 1, 2014, all persons applying commercial fertilizer to an urban landscape must be certified by DACS. Individuals who hold the limited certification must apply for recertification at least 90 days before the expiration of the certification. If the certification application is late, the applicant must pay a $50 per month late charge in addition to the renewal fee. 12 Effect of the Bill The bill amends s. 482.1562(5), F.S., to change the deadline to submit a recertification application from 90 days before expiration of the current certification to every four years from the date of issuance. The bill eliminates the $50 per month charge for late recertification. The bill also grants a grace period not to exceed 30 days after expiration for which a person can obtain recertification without having to go through the initial application process. Florida Food Safety Act Present Situation The Florida Food Safety Act (act) is designed to: • Promote public welfare by protecting the consuming public from injury by product use and the purchasing public from injury by merchandizing deceit, flowing from intrastate commerce in food; • Provide uniform legislation so far as practical with federal regulations; and • Promote uniform administration and enforcement of federal and state food safety laws. 13 Under the act, individuals may not sell food that is adulterated, adulterate food, or receive food in commerce that is adulterated.14 These prohibitions are similar to federal law.15 The following are examples when food is deemed adulterated: • Food that bears or contains any poisonous or deleterious substance which may render it injurious to health; • Food that bears or contains any added poisonous or added deleterious substance; a food additive; or a color additive, which is unsafe; • Food that is a raw agricultural commodity and bears or contains a pesticide chemical which is unsafe; • Food that is or bears or contains any food additive which is unsafe; • Food that consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance; • Food that has been produced, prepared, packed, or held under insanitary conditions; • Food that is the product of a diseased animal or an animal which has died other than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; • Food whose container is composed, in whole or in part, of any poisonous or deleterious substance; • Food where any valuable constituent has been in whole or in part omitted or abstracted therefrom; • Food where any substance has been substituted wholly or in part therefor; • Food where damage or inferiority has been concealed in any manner; and 10 Section 403.9338(2), F.S. 11 Id. 12 Section 482.1562, F.S. 13 Section 500.02, F.S. 14 Section 500.04, F.S. "21 U.S.C. 331. STORAGE NAME: h7007z1.ANRS PAGE: 3 DATE: March 17, 2016 • Food where any substance has been added thereto or mixed or packed therewith so as to increase Its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.16 Also under the act, individuals may not sell food that is misbranded, misbrand food, or receive food in commerce that is misbranded." These prohibitions are similar to federal law.18 The following are examples of food that is deemed misbranded: • The food's label is false or misleading in any particular; • The food is offered for sale under the name of another food; • The food is an imitation of another food, unless its label bears, in type of uniform size and prominence, the words "imitation" and, immediately thereafter, the name of the food imitated; • The food's container is so made, formed, or filled as to be misleading; • If any word, statement, or other information required by or under authority of the Food Safety Act to appear on the label or labeling is not prominently placed thereon with conspicuousness; • Unless the food's label bears: o The common or usual name of the food, if any; and o If it is fabricated from two or more ingredients, the common or usual name of each ingredient and, if the food purports to be a beverage containing vegetable or fruit juice, a statement placed with appropriate prominence on the information panel specifying the total percentage of such vegetable or fruit juice contained in the food; • Food that bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; • Food that is offered for sale and its label or labeling does not comply with federal law pertaining to nutrition information; • Food that is offered for sale and its label or labeling does not comply with the requirements of federal law pertaining to nutritional content claims and health claims; or • Bottled water and its label bears a corporate name, brand name, or trademark containing the word "spring," "springs," "well," "artesian well," "natural," or any derivative of those words without stating on the label the source of the water in typeface at- least equal to the size of the typeface of the corporate name, brand name, or trademark, if the source of the water is different from the source indicated in the corporate name, brand name, or trademark.19 DACS may inspect food that may be adulterated or misbranded;20 seize food that is adulterated or misbranded ;21 suspend permits of those who sell food that is adulterated or misbranded, adulterate or misbrand food, or receive food in commerce that is adulterated or misbranded ;22 and impose a fine for adulterated or misbranded food .23 Effect of the Bill The bill amends s. 500.03, F.S., to add a definition for the term "vehicle" in order to recognize the various modes of transportation that service food establishments, and to be consistent with the federal rules implementing the Food Safety Modernization Act. Currently, the Florida Food Safety Act does not define the term. The bill amends s. 500.03, F.S., to add "dietary supplements" as defined in 21 U.S.C. 321(ff)(1) and (2) to the definition of "food." Under 21 U.S.C. 321(ff)(1) and (2), the term "dietary supplement" means: 16 Section 500,10, F.S. 17 Section 500.04, F.S. 'g 21 U.S.C. 331. Section 500.11, F.S. 2° Section 500.147(1), F.S. 21 Section 500.173, F.S. 22 Section 500.12(4), F.S. 23 Section 500.121, F.S. STORAGE NAME: h7007z1.ANRS PAGE: 4 DATE: March 17, 2015 A product (other than tobacco) intended to supplement the diet that bears or contains one or more of the following dietary ingredients: o A vitamin; o A mineral; o An herb or other botanical; o An amino acid; o A dietary substance for use by man to supplement the diet by increasing the total dietary intake; or o A concentrate, metabolite, constituent, extract, or combination of any ingredient described above; A product that: o Is intended for ingestion o Is not represented for use as a conventional food or as a sole item of a meal or the diet; and o Is labeled as a dietary supplement. The bill amends s. 500.10, F.S., to include foods transported under certain conditions to be adulterated. The change also adds dietary supplements in the list of foods that could possibly be adulterated and sets forth criteria to determine if it is adulterated. The criteria to identify a dietary supplement as adulterated are similar to the criteria in the federal Food Safety Act.24 The bill amends s. 500.11, F.S., to include failing to properly label food with allergen information on the list of foods that could possibly be misbranded by referencing federal law. Under federal law, food that contains allergens must be labeled if the food is not a raw agricultural commodity and it is, or it contains an ingredient that bears or contains, a major food allergen. The label must: Include the word "contains," followed by the name of the food source from which the major food allergen is derived, is printed immediately after or is adjacent to the list of ingredients (in a type size no smaller than the type size used in the list of ingredients); or include the common or usual name of the major food allergen in the list of ingredients is followed in parentheses by the name of the food source from which the major food allergen is derived, except that the name of the food source is not required when: o The common or usual name of the ingredient uses the name of the food source from which the major food allergen is derived; or o The name of the food source from which the major food allergen is derived appears elsewhere in the ingredient list.25 4 Polystyrene Preemption Present Situation Polystyrene, most commonly known as Styrofoam, is synthetic aromatic polymer made from the monomer styrene. This plastic is used in protective packaging, containers, lids, bottles, trays, tumblers, and disposable cutlery. Section 403.7033, F.S., directed the Department of Environmental Protection to perform an analysis of the need for new or different regulation of auxiliary containers, wrappings, or disposable plastic bags used by consumers to carry products from retail establishments. Local governments may not enact any rule, regulation, or ordinance regarding the use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrapping, or disposable plastic bags until the Legislature adopts the recommendations of DEP regarding its analysis.26 2421 U.S.C. 3420. 2'21 U.S.C. 343(w). 26 Section 403.7033, F.S.; DEP's report is available at: https://www.dep,state.fl.us/waste/quick topics/publications/shw/recycling/retailbags/Retail-Bag-Report 0IFeb10.pdf (last visited January 28, 2016). STORAGE NAME: h7007z1.ANRS PAGE: 5 DATE; March 17, 2016 In addition, local governments may not regulate the packaging of meat, poultry and fish.27 Three communities in Florida passed ordinances regulating polystyrene in some fashion.28 Effect of the Bill The bill creates s. 500.90, F.S., to preempt to DACS the regulation of the use or sale of polystyrene products by entities regulated by ch. 500, F.S., the Florida Food Safety Act. Thus, local governments will not be able to regulate the use or sale of polystyrene products by grocery stores, food manufacturers and processing facilities, convenience stores, food markets, food warehouses, storage facilities, freezer lockers, and food service establishments. The bill provides that the preemption does i not apply to local ordinances or provisions thereof enacted before to January 1, 2016, and does not limit the authority of a local government to restrict the use of polystyrene by individuals on public property, temporary vendors on public property, or entities engaged in a contractual relationship with the local government for the provision of goods or services, unless such use is otherwise preempted by law. Bowers and Organization of the Department of Agriculture and Consumer Services Present Situation The Legislature granted DACS various powers to regulate and promote Florida agriculture, protect the environment, safeguard consumers, and ensure the safety of food. Many of these powers and the organization of DACS can be found in ch. 570, F.S., such as: • DACS may stimulate, encourage, and foster the production and consumption of agricultural and agricultural business products by sponsoring trade breakfasts, luncheons, and dinners that will assist in the promotion and marketing of Florida's agricultural and agricultural business products to the consuming public. 29 • DACS' Division of Administration possesses the power to provide electronic data processing and management information systems support for DACS.30 • DACS must deposit fees and fines collected under the Structural Pest Control Act into the Pest Control Trust Fund.31 DACS may use this money to carry out the provisions of the Structural Pest Control Act, educate the pest control industry, or support research or education in pest control.az • DACS' Division of Marketing must enforce the provisions of ss. 604.15 through 604.34, F.S., (regulating dealers in agricultural products) and ss. 534.47 through 534.53, F.S. (regulating livestock markets).33 DACS does not possess the authority to secure or hold a trademark. Any agency created by statute does not have the inherent power to acquire, secure, enjo�, use, enforce, or dispose of patents, trademarks, copyrights, or other rights or similar interests. 4 Rather, such powers must be granted by the Legislature, either expressly or by necessary implication. 35 27 Section 500.60, F.S. 128 Surfrider Foundation, Polystyrene Ordinances, http://www.surfrider.org/pages/polystyrene-ordinances (last visited January 28, 2016). 29 Section 570.07(20), F.S. 30 Section 570.30(5), F.S. 31 Section 482.2401, F.S. 32 Id_; s. 570.441, F.S. 33 Section 570.53, F.S. 34 Florida Virtual School v. K12 Inc., 148 So.3d 97, 99 (Fla. 2014). 3s Id. The following entities may hold trademarks: Department of Health, s. 20.43(8), F.S., Department of Management Services, s. 282.702(5), F.S., Department of State, s. 286.021, F.S., Department of Transportation, s. 334.049, F.S., Water Management Districts, s. 373.608, F.S., Department of Law Enforcement, s. 943.146, F.S., and State Universities, s. 1004.23, F.S. STORAGE NAME: h7007z1.ANRS PAGE: 6 DATE: March 17, 2016 Effect of the Bill The bill grants DACS certain powers and moves other powers to different divisions within DACS. These changes include: • Amending s. 570.07(20)(c), F.S., to grant DACS the power to sponsor "events," in addition to breakfasts, luncheons, and dinners, to stimulate, encourage, and foster the production and consumption of agricultural and agricultural business products; • Adding s. 570.07(44), F.S., to grant DACS the power to acquire, secure, enjoy, use, enforce, and dispose of all patents, trademarks, and copyrights and other rights or similar interests (currently the Department of State may hold the patent, trademark and copyright and the Attorney General's Office may enforce those rights). According to DACS, as the "Fresh From Florida" trademark becomes more popular, it needs the authority to take immediate action to stop its misuse;36 • Creating s. 570.68, F.S., to create an Office of Agriculture Technology Services to provide electronic data processing and management information systems support for DACS; • Amending s. 570.441, F.S., to authorize DACS to use money deposited in the Pest Control Trust Fund to carry out any of the powers of the Division of Agricultural Environmental Services, not just the Structural Pest Control Act (ch. 482, F.S.). The powers of the Division of Agricultural and Environmental Services include state mosquito control program coordination; agricultural pesticide registration, testing, and regulation; pest control regulation; and feed, seed, and fertilizer production inspection and testing. This authorization expires June 30, 2019; and • Amending s. 570.53, F.S., to remove the power to enforce the provisions of ss. 604.15 through 604.34, F.S., (regulating dealers in agricultural products) and ss. 534.47 through 534.53, F.S., (regulating livestock markets) from the Division of Marketing and Development. The bill grants the power to regulate dealers in agricultural products to the Division of Consumer Services. According to DACS, moving the program to the Division of Consumer Services, which already handles a number of similar programs, will create efficiencies by streamlining department processes.37 Florida Agriculture Center and Morse Park Present Situation In 1994, the Florida Legislature created the Florida Agriculture Center and Horse Park (Florida Horse Park) in order to provide Florida with a unique tourist experience for visitors and residents.38 The Florida Horse Park is situated on 500 acres located south of Ocala. Numerous events occur at the Florida Horse Park throughout the year including rodeos, dressage, polo, obstacle challenges, dog shows, and trail rides.39 A 21 -member group appointed by the Commissioner of Agriculture called the Florida Agriculture Center and Horse Park Authority (Authority) oversees the management of the park .40 DACS is currently required to provide administrative and staff support services for the meetings of the Authority, and to provide suitable space in the offices of the department for the meetings and the storage of records of the Authority.41 Effect of the Bill The bill amends s. 570.685, F.S., to authorize DACS to provide administrative and staff support services for the meetings of the Authority, and to provide suitable space in the offices at DACS for the meetings and the storage of records of the Authority. 36 DACS Agency Analysis of 2015 PCB ANRS 15-01, p. 6 (January 19, 2015). 37 Id. 38 Section 570.681, F.S, 39 Florida Agriculture Center and Horse Park Authority, Welcome to the Florida Horse Park, http://flhorsepark.com/ (last visited September 15, 2015). 40 Section 570.685, F.S. 41 Section 570.685(4)(b), F.S. STORAGE NAME: h7007z1.ANR3 PAGE: 7 DATE: March 17, 2016 Florida Agricultural Promotion Campaign Present Situation DACS possesses the power to establish and coordinate the Florida Agricultural Promotional Campaign (FAPC), also known as the "Fresh From Florida" campaign.42 This campaign is intended to increase consumer awareness and expand the market for Florida's agricultural products.43 Florida agricultural producers may voluntarily join FAPC. FAPC members may use the "Fresh From Florida" logos, participate in industry trade shows at a reduced cost, receive point-of-purchase materials, have access to trade leads, receive the "Fresh From Florida" magazine and industry newsletter, tie in to supermarket promotions that feature Florida products in newspaper and store circular advertisements, and receive a farm sign customized with the member's business name.44 Currently, DACS must designate an employee to serve on the Advertising Interagency Coordinating Council.46 This council no longer exists. In addition, DACS is authorized to adopt rules related to the FAPC, including rules pertaining to negotiating and entering into contracts with advertising agencies.46 Lastly, the Legislature created the 15 -member Florida Agricultural Promotional Campaign Advisory Council to provide advice to DACS.47 The membership must include: • Six members representing agricultural producers, shippers, or packers; • Three members representing agricultural retailers; • Two members representing agricultural associations; • One member representing a wholesaler of agricultural products; • One member representing consumers; and • One member representing DACS. 48 Effect of the Bill The bill amends ss. 571.24, 571.27, and 571.28, F.S., regarding the FAPC to: • Specify that the intent of the marketing brand is to serve as a marketing program to promote Florida agriculture commodities, value added products, and agricultural related businesses and is not a food safety or traceability program. The purpose of this provision is to avoid the misconception that the brand indicates that food has been inspected by DACS for safety; • Eliminate the requirement for DACS to designate an employee to be a member of the Advertising Interagency Coordinating Council, since this council no longer exists; • Eliminate the power to adopt (rales related to negotiating and entering into contracts with advertising agencies. Such rules are already adopted by the Department of Management Services in ch. 60A-1, F.A.C.; and • Change the membership requirements for the Florida Agricultural Promotional Campaign Advisory Council. The bill strikes the requirement that there be a specific number of council members from each industry category while maintaining the overall number of members and staggered terms. 42 Section 571.24, F.S. 43 Section 571.22, F.S. 44 Florida Department of Agricultural and Consumer Services, .loin "Fresh From Florida, " littp://www.freslifromflorida.com/Divisions-OiTices/Marketing-and-Development/Agriculture-Industry/Join-Fresh-From-Florida. (last visited September 15, 2015). 45 Section 571.24(8), ES, 4b Section 571.27, F.S. 47 Section 571.28(1), F.S. 43 Id. STORAGE NAME: h7007z1.ANRS PAGE: 8 BATE; March 17, 2016 Reporting Requirements for Agricultural Fertilizer Present Situation Any person who guarantees a fertilizer and distributes fertilizer (licensee) in Florida must pay an inspection fee of $1 per ton of fertilizer sold in the state .40 DACS uses this fee to fund the fertilizer inspection program.5° Before distributing a fertilizer, each licensee must apply to DACS, report monthly the tonnage of fertilizer sold, and pay the inspection fee.51 The monthly reports and inspection fees must be made before the 15th day of the month succeeding the month covered by the report.52 Any licensee who fails to report all fertilizer sold each month is subject to a penalty of 10 percent or $25,53 whichever is greater, and must secure with DACS a surety bond or certificate of deposit. 54 Further, failure to make an accurate statement of tonnage or to pay the inspection fee may constitute cause for revocation of the license and also for cancellation of all registrations on file for the licensee.55 Effect of the Bill The bill amends s. 576.041(2)(b), F.S., to change the fertilizer reporting requirement from monthly to quarterly; authorize use of DACS's website to report tonnage of fertilizer sold; and change the reporting deadline from 15 days to 30 days following the close of the reporting period. DACS indicated these changes are necessary to take full advantage of its web -based reporting tool and align Florida's tonnage reporting requirement with other states. 56 Further, DACS indicated these changes will decrease the potential penalties that licensees could incur for late reporting and increase compliance.57 Commercial Feed and Feedstuff Preemption Present Situation "Commercial feed" is all materials or combinations of materials that are distributed or intended to be distributed for use as feed or for mixing in a feed for animals other than humans, except; • Unmixed whole seeds, including physically altered entire unmixed seeds, when such seeds are not chemically changed or are not adulterated; • Unground hay, straw, stover, silage, cobs, husks, and hulls, and individual chemical compounds or substances, when such commodities, compounds, or substances are unmixed with other substances and are not adulterated; and • Feed mixed by the consumer for the consumer's own use made entirely or in part from products raised on the consumer's farm.58 "Feedstuff" is edible materials, other than commercial feed, that are distributed for animal consumption and that contribute energy or nutrients, or both, to an animal diet.59 DACS regulates commercial feed and feedstuff for quality, safety, labeling requirements, and standards.60 A distributor of commercial feed must obtain a master registration 61 and place on file a copy of the label for each brand of feed to be distributed in Florida. 62 49 Section 576.041(1), F.S.; rule 5E-1.012(1), F.A.C. 5a Id, 51 Section 576.041(2), F.S. 52 Section 576.041(2)(b), F.S. 53 Section 576.041(4), F.S. 54 Rule 5E-1.012(4), F.A.C. 55 Section 576.041(5), F.S. 56 DACS, 2016Proposals Agricultural Environmental Services (Additional Item) Short title: Modify Chapter 576.041 F.S. modification of required tonnage reporting period, p. 1 (October 1, 2015). 57 Id. 58 Section 580.031(2), F.S. 59 Section 580.031(10), F.S. 60 Section 580.036, F.S. STORAGE NAME: h7007z1.ANR5 PAGE: 9 DATE: March 17, 2016 Effect of the Bill The bill creates s. 580.0365, F.S., to preempt the regulatory authority for commercial feed and feedstuff to DACS. Removal and Destruction of Infected and Infested Plants Present Situation The Division of Plant Industry must order the removal and destruction of any plant or plant product infested or infected with plant pests or noxious weeds .63 A "plant pest" is any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or their reproductive parts, or viruses, or any organisms similar to or allied with any of the foregoing, including any genetically engineered organisms, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or plant parts or any processed, manufactured, or other plant products.64 A "noxious weed" is any living stage, including, but not limited to, seeds and productive parts, of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Florida or have a negative impact on the plant species protected under s. 581.185, F.S. (endangered, threatened, or commercially exploited native plants).65 The Division of Plant Industry may take these actions in order to stop the introduction and dissemination of plants or pests that may threaten Florida's agriculture industry. The Director of the Division of Plant Industry must provide notice to the owner or the person having charge of the premises when DACS finds an infested or infected plant or plant product.66 Within 10 days of the notice, the owner or person in charge must treat as directed or remove and destroy the infested or infected plant or plant product.67 If the owner or person in charge does not, DACS may treat as directed or remove and destroy the infested or infected plant or plant product.68 Effect of the Bill The bill amends s. 581.181, F.S., to create an exception from the destruction requirement for plant or plant products infested with pest or noxious weeds that are widely established in Florida and not regulated by DACS. According to DACS, there are times when it is unnecessary for the owner to treat or destroy the plant, but DACS lacks the discretion not to give notice to the owner that they must destroy any infested plants or plant products.69 Soil and Water Conservation Districts Present Situation Faced with the problems of the Dust Bowl in the 1930's, the federal government passed the Standard State Soil Conservation Districts Law (model law) in 1936.70 Drafters of the model law intended to decentralize federal soil erosion control efforts in a form of cooperative federalism that relied on individual districts to achieve national and local objectives." The model law proposed that state legislatures delegate broad power to the districts though the use of both "project" and "regulatory" 61 Section 580.041, F.S. 62 Section 580.051, F.S. b3 Section 581.181(1), F.S. 64 Section 581.011(26), F.S. GS Section 581.011(19), F.S. hG Section 581.181(1), F.S. 67 Id. 6E Section 581.181(2), F.S. G9 DACS Agency Analysis of 2015 PCB ANRS 15-01, p, 9 (January 19, 2015). 70 Jess Phelps, A vision Of Dte New Deal Unfulfilled? Soil and Water Conservation Districts and Land Use Regulation, 11 Drake J. Agric, L. 353, 354 & 357 (2006). 71 Id. at 355 & 360 STORAGE NAME: h7007z1.ANRS PAGE: 10 DATE: March 17, 2016 power.72 Project power granted local districts the power to carry out conservation measures with the assistance of federal funding and technical oversight.73 Regulatory powers granted districts the power to adopt local land use regulations.74 By 1947, all of the states enacted soil and water conservation district programs.75 These programs favored the project powers of the soil and water conversation districts, but were reluctant to grant regulatory powers.76 Thus, soil and water conservation districts often failed to utilize the full extent of their regulatory powers." Florida adopted much of the model law in 1937.78 The Legislature recognized farms, forests, and grazing lands as among Florida's basic assets in need of protection from improper land use techniques that cause erosion.79 It found erosion reduced the productivity of land, harmed water resources, injured wildlife, caused flooding, and destroyed infrastructure.80 Thus, corrective measures were required to prevent erosion and converse, develop, and utilize soil and water resources -81 The Legislature intended for soil and water conservation districts (SWCDs) to control and prevent soil erosion; prevent floodwater and sediment damage; further conservation, development, and utilization of soil and water resources, preserve natural resources; control floods; prevent impairment of dams and reservoirs; assist in maintaining the navigability of rivers and harbors; preserve wildlife; protect the tax base; protect public lands; and protect and promote the health, safety and general welfare of the people of this state.82 Currently, there are 58 SWCDs in Florida.83 DACS oversees the SWCDs. 84 DACS may: • Receive gifts, appropriations, materials, equipment, lands, and facilities and to manage, operate, and disburse them for the use and benefit of the SWCDs;S6 • Audit the SWCDs;86 • Seeks assistance in implementing its powers ;87 • Offer assistance to the SWCD supervisors;88 • Keep the SWCDs aware of the activities of the other SWCDs and facilitate the interchange of advice and experience;89 • Coordinate the programs of the several SWCDs;9D • Secure cooperation of other governmental entities in the work of the SWCDs;" • Disseminate information throughout the state about the activities and programs of the SWCDs;92 and • Employ an administrative officer and other staff to oversee the SWCDs.93 72 Id. at 355. 73 Id. at 355 & 367.. 74 Id. at 362. " Id. at 364. 76 Id. 77 Id. at 368. 78 Chapter 18144, 1937, Laws of Florida. 79 Section 582.02, F.S. 80 Section 582.03, F.S. ai Section 582.04, F.S. az Section 582.05, F.S. 63 Email froin DACS dated September 15, 2015. B4 Section 582.055(1), F.S. 65 Section 582.055(2), F.S. R6 Section 582.055(3), F.S. 67 Section 582.055(4), F.S. SR Section 582.08(3), F.S. S9 Section 582.08(2), F.S. 9° Section 582.08(3), F.S. 9' Section 582.08(4), F.S. 92 Section 582.08(5), F.S. 93 Section 582.09, F.S. STORAGE NAME: h7007z1.ANR5 PAGE, 11 DATE: March 17, 2016 Within DACS, the Soil and Water Conservation Council (council) consists of seven members who have previously been involved in soil and water conservation and agriculture .94 The council may: • Consider and study the entire field relating to its area of responsibility; • Consider all matters submitted to it by the commissioner or the division directors; • Submit proposed legislation and rules to the commissioner; • Advise and consult with the commissioner and the division directors of the department, at their request or upon its own initiative, regarding the promulgation, administration, and enforcement of all laws and rules relating to its area of responsibility; and • Suggest policies and practices for the conduct of DACS business which shall be duly considered by the commissioner or division directors.95 When 10 percent of land owners within a territory propose to form a SWCD, they must file a petition with DACS.96 DACS must then publish notice of a hearing to consider the desirability and necessity of a SWCD, the appropriate boundaries of a SWCD, and all other relevant questions.97 If DACS determines that a SWCD is necessary based on the facts presented at the hearing, it must then propose the boundaries of the district,98 determine if operating the district is administratively practicable and feasible,99 and hold a referendum of all the land owners in the proposed district whether it is appropriate to form a SWCD.100 DACS must publish the results of the referendum and may proceed to form the SWCD if a majority of the votes cast are in favor of creating the district.1 " The Department of State must certify the formation of the SWCD and record the certification and application within its records.102 The SWCD is presumed established upon proof of the certificate filed with the Department of State. 103 After the district is formed, land owners may petition to add or remove territory within a SWCD in the same manner as the petition to form a district. 104 Each SWCD must have five supervisors. 105 Elections of district supervisors must be held every two years in a manner consistent with general election laws.106 Supervisors serve four-year terms.707 The supervisors and districts possess the power to: • Conduct surveys, investigations, and research relating to the character of soil erosion and floodwater and sediment damages and publish its results; • Conduct projects to demonstrate soil conservation methods, erosion prevention and control methods, works for flood prevention or the conservation, development and utilization of soil and water resources, and the disposal of water; • Carry out flood prevention and control measures; • Provide financial aid to carry out erosion control and prevention operations and works for flood prevention; • Provide financial aid for the conservation, development and utilization, of soil and water resources and the disposal of water within the district's boundaries; • Acquire real or personal property, maintain such property, receive income from such property, or sell such property to further the goals and duties of the SWCD; • Construct, improve, operate, and maintain structures; 94 Section 582.06(1), F.S. 95 Section 582.06(2), F.S. 96 Section 582.10(1), F.S. 97 Section 582.11, F.S. 98 Id. 99 Section 582.12, F.S. 100 Id. 101 Section 582.1+, F.S. 102 Section 582.15, F.S. 103 Section 582.17, F.S. 104 Section 582.16, F.S. los Section 582.19, F.S. 106 Section 582,18, F.S. 107 Section 582.19(2), F.S. Two supervisors must serve a two year term when the SWCD is initially formed. STORAGE NAME: h7007z1.ANRS PAGE: 12 DATE: March 17, 2016 Develop a comprehensive plan to conserve soil and water resources, control and prevent erosion, prevent floods, conserve and develop water resources, dispose of water, and control artesian wells; Takeover, by purchase, lease, or otherwise, and administer any soil -conservation, erosion - control, erosion -prevention project, or any project for flood -prevention or for the conservation, development and utilization of soil and water resources, and the disposal of water, or act as an agent for the federal government to perform such projects; and Perform other administrative duties as necessary to perform its powers.10' SWCDs may adopt land use regulations to conserve soil and soil resources, and to prevent and control soil erosion.08 The supervisors must publish notice of a referendum to adopt such regulations and make copies of such regulations available.110 The supervisors may not adopt the proposed regulations unless a majority of the voting land owners approve. 11 All owners and occupiers of land within a district must obey adopted land use regulations.112 A similar referendum must be held to amend, supplement, or repeal such regulations.13 SWCDs may enforce their land use regulations in circuit court. 114 The SWCD supervisors must serve on a board of adjustment to hear and consider petitions for relief from land use regulations.' 15 The board of adjustment may grant a petition for variance if it determines the petitioner is suffering a great personal difficulty or unnecessary hardship.10 Within each SWCD, owners may petition to form a watershed improvement district for the development and execution of plans and projects for works to control and prevent soil erosion, prevent floods, conserve, develop, and utilize soil and water resources, dispose of water, develop fish and wildlife or recreational, preserve and protect land and water resources, and protect and promote the health, safety, and general welfare of the people of this state.11' The SWCD supervisors must publish notice of and hold a hearing on the practicability and feasibility of the proposed watershed improvement district."" If they determine there is a need for a watershed improvement district, the supervisors must define its boundaries.1' Once approved by DACS, the supervisors must hold a referendum of land owners within the proposed watershed improvement district about whether the operation of the proposed district is administratively practicable and feasible .12() The supervisors must then consider the result of the referendum and may form the watershed improvement district if a majority of the land area voted to create the district. 121 Once the supervisors decide to form the watershed improvement district, they must certify its formation with DACS and furnish the certification to the clerk of courts.122 Land owners may petition to have the land added, removed, and transferred between watershed improvement districts.1 ' 1' Section 582.20, F.S. 109 Section 582.21(1), F.S. ua Td. 111 Section 582.21(2), F.S. 112 Id. 113 Section 582.21(3), F.S. lta Section 582.23, F.S. ... Section 582.24, F.S. 116 Section 582.26, F.S. 117 Sections 582.331 and 582.34, F.S. 118 Section 582.35, F.S. 119 Id. 1211 Section 582.36, F.S. 121 Section 582.37, F.S. 122 Section 582.38, F.S. 123 Section 582.40, F.S. STORAGE NAME: h7007z1.ANRS PAGE: 13 DATE,: March 17, 2016 Thirty days after formation of the watershed improvement district, three individuals must be elected to a board of directors.124 Directors must own land within the district and be nominated by 10 of their fellow land owners .125 Directors serve three year terms. 121 Watershed improvement districts may exercise powers under the supervision of the SWCD to: • Exercise the powers of the SWCD; • Levy ad valorem taxes for the purposes of the watershed improvement district; • Acquire land to accomplish the goals of the district; • Borrow money and issue bonds; and • Construct, improve, operate, and maintain such structures and works as may be necessary to perform its duties. 127 Watershed improvement districts may not raise more taxes than necessary to fund their operations and may not exceed three mills.128 The county property appraisers impose and assess this property tax. 129 There are currently no watershed improvement districts in Florida. A SWCD may be discontinued or dissolved if: • Two-thirds of the lands owners vote in a referendum to discontinue the district;130 • The Soil and Water Conservation Council determines that continued operation of the district is not administratively practicable or feasible;"' • DACS' inspector general determines that the SWCD failed to comply with financial auditing and reporting requirements ;132 or • The supervisors of the SWCD adopt a resolution and DACS accepts that that the continued operation of the district is not administratively practicable and feasible. 133 DACS must publish notice of dissolution in a newspaper of general circulation for two weeks and state that any comments or objections to the proposed certification, or any claims against the assets of the district, must be filed with the department clerk not later than 60 days after the date of last publication.134 A watershed improvement district may be discontinued if owners of not less than 25 percent of the land area file a petition to discontinue the watershed improvement district, a referendum is held, and a majority of the voters vote to discontinue the district. 135 Effect of the Bill The bill amends several sections of ch. 582, F.S., to eliminate powers and duties not used by SWCDS or powers and duties exercised by other arms of government. Specifically the bill: • Amends s. 582.09, F.S., to eliminate the definition of "administrative officer"; • Amends s. 582.02, F.S., to update the legislative policy to emphasize the purpose of SWCDs is to promote the appropriate and efficient use of soil and water resources, protect water quality, prevent floodwater and sediment damage, preserve wildlife, protect public lands, and to provide ... Section 582.41(2), F.S. 115 Section 582.41(1), F.S. 121 Section 582.41(2), F.S. 127 Sections 582.43 and 582.46, F.S. 128 Section 582.44, F.S. 129 Id.. 13° Section 582.30(2), F.S. 131 Section 582.30(3)(a), F.S. 132 Section 582.30(3)(b), F.S. 133 Section 582.30(3)(c), F.S. 134 Section 582.30(4), F.S. "' Section 582.48, F.S. STORAGE NAME: h7007z1.ANRS PAGE. 14 DATE: March 17, 2016 assistance, guidance, and education to landowners, land occupiers, the agricultural industry, and the general public in implementing land and water resource protection practices; • Repeals ss. 582.03, 582.04, and 582.05, F.S., to recognize that many of the goals and responsibilities of SWCDs are no longer necessary because they are performed by the Department of Environmental Protection, the water management districts, and DACS; • Amends s. 582.055, F.S., to update DACS's powers in relation to SWCDs to reflect its current practices, ensure DACS possesses the power to work with SWCD to receive state/federal assistance, grant DACS the power to create and dissolve SWCDs, grant DACS rulemaking powers to implement the chapter, and combine this section with s. 582.08, F.S., which is being repealed; • Amends s. 582.06, F.S., to grant the Soil and Water Conservation Council the authority to review requests to create or dissolve SWCD and the ability to review and provide a recommendation, at the request of the governor, whether a SWCD supervisor should be removed because of neglect of duty; • Repeals s. 582.09, F.S., to eliminate the administrative officer of soil and water conservation. According to DACS, the Officer of Agricultural Water Policy performs the administrative officer's d uty;136 • Amends s. 582.16, F.S., to change the procedure changing a boundary of the district to be the same as forming a district; • Repeals s. 582.17, F.S., because proof of establishment of a SWCD can be demonstrated by showing compliance with the procedures of ss. 582.10 through 582.15, F.S.; • Amends s. 582.20, F.S., to change or eliminate the powers of the SWCDs and their supervisors because they are not used by SWCDs or are powers exercised by other arms of government. The SWCDs will now emphasis research relating to soil and water resources, conducting and promoting best management practices, providing agricultural assistance in form of materials and equipment, provide training, and coordinate with other governmental entities to meet its goals and duties; • Repeals s. 582.21, F.S., to eliminate the SWCDs' ability to adopt land use regulations. Municipalities and counties largely control land use under their authorities in Chapters 125 and 163, F.S. The Department of Environmental Protection and the water management districts do possess some regulatory authority for erosion control in s. 373.414, F.S.; • Repeals ss. 582.22, 582.23, 582.24, 582.25, and 582.26, F.S., which set forth what must be in SWCD land use regulations, how SWCD land use regulations are enforced, and the procedure to vary from SWCD land use regulations because SWCDs will no longer have the ability to adopt land use regulations; • Amends s. 582.29, F.S., to conform to other changes made in the bill; and • Repeals ss. 582.331, 582.34, 582.35, 582.36, 582.37, 582.38, 582.39, 582.40, 582.41, 582.42, 582.43, 582.44, 582.45, 582.46, 58247, 582.48, and 582.49, F.S., to eliminate watershed improvement districts. These districts performed many of the same functions as SWCDs, which as discussed above are also performed by other arms of government. Further, SWCDs will no longer be authorized to have sub -entities with the power to levy ad valorem taxes. There are currently no watershed improvement districts in Florida. Parks on Florida Forest Service Land Present Situation The Florida Forest Service may dedicate its land for use by the public as a park.137 These lands must be subject to the rules and regulations adopted by DEP's Division of Recreation and Parks,13B Effect of the Bill 136 DACS, Supporting Znformation.for Proposed Legislative Edits to; Chapter 582 Soil and Water Conservation, p. 1 (August 19, 2015). 137 Section 589.26, P.S. 138 Id. STORAGE NAME: h7007z1.ANRS PAGE: 15 DATE: March 17, 2016 The bill repeals s. 589.26, F.S., to eliminate the Florida Forest Service's power to dedicate its land for use by the public as a park. According to DACS, the Florida Forest Service does not have any state parks or manage land for "park purposes.i139 School nutrition Program Present Situation The National School Lunch Program (NSLP) is a federally funded program that assists schools and other agencies in providing nutritious meals to children at reasonable prices. In addition to financial assistance, the NSLP provides donated commodity foods to help reduce lunch program costs. Chapter 595, F.S., authorizes DACS to coordinate with the federal government to use federal and state funding to provide school nutrition programs. The Legislature declared that it is the policy of the state to provide standards for school food and nutrition services and to require each school district to establish and maintain an appropriate school food and nutrition service program consistent with the nutritional needs of students.140 Schools must apply through DACS and complete certain requirements 141 prior to the operation of a school nutrition program. Once approved, DACS will reimburse schools for each lunch and breakfast meal served provided they meet established state and federal regulations. Currently, DACS must make a reasonable effort to ensure that any school designated as a "severe meed school" receives the highest rate of reimbursement to which it is entitled under the federal school breakfast program for each breakfast meal served.142 Further, DACS may advance funds from the school nutrition program's annual appropriation to sponsors in order to implement the school nutrition program .143 There is no restriction on when or for which program the funds may be advanced. Each school district must implement a school breakfast program that makes breakfast meals available to all students in each elementary school. 144 School districts must offer universal school breakfast programs (a no -cost program) in schools in which 80 percent or more of the students are eligible for free or reduced -price meals."® There is no exception to these requirements. Each school must, to the maximum extent practicable, make breakfast meals available to students at an alternative site location.146 The Legislature encourages school districts to provide universal free school breakfast meals to all students. 147 The school may approve or disapprove a universal free school breakfast only after receiving public testimony concerning the proposed policy at two or more regular meetings. 148 Each school district is required to sponsor a summer nutrition program that operates a site either: • Within 5 miles of at least one elementary school at which 50 percent or more of the students are eligible for free or reduced -price school meals and for the duration of 35 consecutive days; or • Within 10 miles of each elementary school at which 50 percent or more of the students are eligible for free or reduced -price school meals. 149 139 DACS, Agency Analysis of 2015 PCB ANRS 15-01, p. 9 (January 19, 2015). 14° Section 595.403, F.S. 141 Requirements found in s, 595.405, F.S. 142 Section 595.404(5), F.S. 143 Section 595.404(12), F.S. 144 Section 595.405(2), F.S. 145 Id. 146 Td. 141 Section 595.405(4), F.S. 148 Id. 141 Section 595.407(2), F.S. STORAGE NAME: h7007z1.ANRS PAGE: 16 DATE: March 17, 2016 DACS must conduct, supervise, and administer all commodity distribution services related to the school nutrition program that will be carried on using federal or state funds, or funds from any other source, or commodities received and distributed from the United States or any of its agencies.150 DACS must cooperate fully with the federal government in order to assure it receives the benefit of all federal financial allotments and assistance possible to carry out the school nutrition program.151 Effect of the Bill The bili includes the following revisions to the School Nutrition Program: • Amends s. 595.402, F.S., to add definitions for "school breakfast program," "summer nutrition program," and "universal school breakfast program" to specify that they are the programs authorized by federal law; • Changes the term "school district" to "district school board"; • Amends s. 595.404(2), F.S., to authorize DACS to implement the Farmer's Market Nutrition Program (FMNP) for Supplemental Nutrition Program for Women, Children and Infants (SNAP- WIC);152 • Amends s. 595.404(6), F.S., to create a duty to provide to a "severe need school" the highest rate of reimbursement to which it is entitled under the federal school breakfast program for each breakfast meal served. This is consistent with the federal requirement in 7 CFR 220.9. According to DACS, the department currently provides the highest rate of reimbursement to which each severe need school is entitled ;151 • Amends s. 595-404(l 0), F.S., to authorize DACS to adopt rules for the farmer's market nutrition prog ram; • Amends s. 595.404(13), F.S., to specify that funds from the school nutrition program may only be advanced to the sponsors of Summer Food Service Programs. This is consistent with the federal requirement in 7 CFR 225.9. According to DACS, the bill will have no economic or substantive effect on any interest groups or stakeholders, and will remove ambiguities from the statute that could potentially result in misinterpretation and misapplication of the law; 154 • Creates s. 595.404(14), F.S., to authorize DACS to collect and publish data from multiple sources on food purchased by sponsors through the Florida Farm to School Program and other school food and nutrition service programs; • Creates s. 595.404(15), F.S., to authorize DACS to enter into agreements with federal or state agencies to coordinate and cooperate in the implementation of nutrition programs; • Amends s. 595.406, F.S., to change the name of the "Florida Farm Fresh Schools Program" to "Florida Farm to School Program"; • Creates s. 595.406(3), F.S., to authorize DACS to recognize sponsors who purchase at least 10 percent of the food they serve from the Florida Farm to School Program; • Amends s. 595.407, F.S., to specify that each school district must provide a summer nutrition program within 5 miles of at least one school that serves any combination of grades K through 5, not just elementary schools. This provision attempts to close a loophole where some K-8 or K-12 schools claimed they were not elementary schools, and therefore, did not have to comply. According to DACS, interpretation of this statute has varied greatly.155 Thus, the change may 150 Section 595.408(1), F.S. 151 Section 595.408(2), F.S. 152 SNAP -WIC provides federal grants to states for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non -breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk. Women, infants (over 4 months old), and children that have been certified to receive WIC program benefits or who are on a waiting list for WIC certification are eligible to participate in the FMNP. State agencies may serve some or all of these categories. A variety of fresh, nutritious, unprepared, locally grown fruits, vegetables and herbs may be purchased with FMNP coupons. State agencies can limit sales to specific foods grown within state borders to encourage FMNP recipients to support the farmers in their own States. United States Department of Agriculture, Farmers' Market Nutrition Program (FMNP) FMNP Contacts, http://www.fas.usda.gov/fiml)/ftnnp-contacts, (last visited September 10, 2015). 153 DACS Agency Analysis of 2015 PCB ANRS 15-01, p. 9 (January 19, 2015). 154 Id. at 10. 155 DACS Agency Analysis of 2015 PCB ANRS 15-01, p. l 1 (January 19, 2015). STORAGE NAME: h7007z1.ANRS PAGE: 17 DATE: March 17, 2016 require district school boards to adjust the location or increase the number of summer nutrition program sites they operate.156 Since schools participating in the summer nutrition program are reimbursed directly by the federal government, the department has indicated that the change will have a minimal impact on school districts and local governments;15' Amends s. 595.407(2)(a), F.S., to remove the requirement that each school district provide reduced -price school meals during the summer for 35 consecutive days and replace it with the requirement for each school district provide reduced -price school meals during the summer for 35 days between the end of one school year and the beginning of the next. School districts may exclude holidays and weekends; Amends s. 595.408, F.S., to change the term "commodity" to "food" to be consistent with federal statutes; and Amends s. 595.501, F.S., to remove "school district" from the phrase "any person, sponsor, or school district" because the definition of "sponsor" is inclusive of "school districts.111S8 State Test Mouse Present Situation The state test house for citrus inspectors is staffed by the Division of Fruit and Vegetables (DFV) employees within DACS.159 The DFV inspectors certify wholesomeness and maturity of fruit received at citrus processing plants.160 Currently, s. 601.31, F.S., requires the DFV inspectors to obtain a license from the United States Department of Agriculture (USDA). The USDA license does not convey regulatory authority.'61 DACS DFV inspectors perform the regulatory functions.'sz Effect of the Bill The bill amends s. 601.31, F.S., to require that certain citrus inspectors be licensed by DACS, rather than the USDA, to perform state test house inspections. Financial Assurance Requirements for Dealers in Agricultural Products and Grain Dealers Present Situation Any individual or business entity who wishes to be a deafer in agricultural products163 must receive a license from DACS and deliver a bond or certificate of deposit to DACS in favor of the Commissioner of Agriculture .164 This financial assurance requirement is essentially a third -party beneficiary contract to protect individuals who are harmed when conducting business with dealers in agricultural products who fail to pay for products.165 156 Id. 157 Email from Jonathan Rees, Deputy Director Office of Legislative Affairs, Department of Agriculture and Consumer Services, Summer Nutrition Program/Fiscal Impact, March 26, 2015. 158 Section 595.402(5), F.S. 159 DACS, Proposal to move licensure of State Test House (citrus) inspectors from Federal to State, p. 1, available upon request from the Agriculture and Natural Resources Subcommittee, 160 Sections 601.27 and 601.31, F.S. 15' DACS, Proposal to move licensure of State Test House (citrus) inspectors from Federal to State, p. 1, available upon request from the Agriculture and Natural Resources Subcommittee. ... Section 601.29, F.S. lbs A "dealer in agricultural products" is any person or business entity, whether itinerant or domiciled within this state, engaged in Florida in the business of purchasing, receiving, or soliciting agricultural products from the producer or the producer's agent or representative for resale or processing for sale; acting as an agent for such producer in the sale of agricultural products for the account of the producer on a net return basis; or acting as a negotiating broker between the producer or the producer's agent or representative and the buyer. Section 604.15(2), F.S. 164 Sections 604.17, 604.19, and 604.20, F.S. 165 In re Hallmark Builders, Inc., 205 B.R. 974, 975 (Banta•. M.D. Fla. 1996). STORAGE NAME: h7007z1.ANRS PAGE: 18 DATE: March 17, 2016 Individuals claiming to be damaged by an agricultural products dealer by any breach of the conditions of a bond or certificate of deposit assignment or agreement may file a complaint with DACS. 166 DACS must investigate these complaints and determine if a complaint should be filed against the agricultural products dealer in order to seek damages. 167 To file the complaint, the aggrieved party must file three complaint affidavits or notarizations. If the aggrieved party files the complaint by electronic transmission or facsimile, the original affidavits and original notarizations must be filed with DACS by the close of business of the tenth business day following the electronic transmission or facsimile filing.168 If the agricultural products dealer fails to respond to the complaint, it waives its point of entry into the proceeding. 169 Further, each grain dealer170 doing business in Florida must maintain a liquid security in an amount equal to the value of grain which the grain dealer has received from grain producers and for which the producers have not received payment. 171 Each grain dealer must report to DACS monthly the value of grain it received from producers for which the producers have not received payment. 172 This report must include a statement showing the type and amount of security maintained to cover the grain dealer's liability to producers. 173 Effect of the Bill The bill amends s. 604.21 (1), F.S., eliminating the requirement that a complainant file three complaint affidavits or notarizations. The bill also eliminates the requirement to file an original complaint with DACS if the complaint is submitted electronically. Further, the bill amends s. 604.33, F.S., to eliminate the requirement that each grain dealer report monthly to DACS the value of grain it received from producers for which the producers have not received payment. DACS possess the authority to request this information if a complaint is filed or if malpractice is suspected. Pompano State Farmers Market Present Situation State farmers markets assist in the marketing of farm products by providing information, leadership and modern marketing facilities necessary to move farm products from the farm to the consumer. DACS operates a system of 12 state farmers markets. These markets offer attendant services such as produce refrigeration, truck weigh scales, packing houses, coolers, offices, farm supply, restaurants, and produce brokerage sales as well as produce and freight shipping companies.174 Edward L. Myrick owns and operates Edward L. Myrick Produce Co. in Pompano Beach, Florida. Edward L. Myrick Co. imports, brokers, and distributes a wide range of local, domestic and international produce from its location at the Pompano State Farmers Market175 166 Section 604.21(1)(a), F.S. 167 Section 604.21(2), F.S. 168 Section 604.21(1)(d), F.S. 169 Southeast Grove Management, Inc. v._McKiness, 578 So.2d 883, 886 (Fla. 1st DCA 1991). 170 A "grain dealer" is any person engaged in this state in: (a) buying, receiving, selling, exchanging, negotiating, or processing for resale, or soliciting the sale, resale, exchange, or transfer of, grain purchased from the producer or the producer's agent or representative or received from the producer to be handled on a net return basis; or (b) receiving grain for storage. Section 604.15(6), F.S. 171 Section 604.33, F.S. 172 Id. 173 Id. 174 DACS, State Farmers Markets, http://www.freslifromfilorida.Gom/Divisions-Offices/Marketing-and-Development/Agriculture- hldustry/Business-Development-ResoLuuces/State-Farmers-Markets, (last visited March 9, 2016). 17' The Produce News, Edward L. Myrick Produce's Plant City,facility off to a great second year, http://www.tl►eproducene.ws.coin/more-company-profiles/company-profiles/12545-edward-1-myl ick-produce-s-pl ant -city -facility -off- to -a -great -second -year, (last visited March 9, 2016). STORAGE NAME: h7007z1.ANRS PAGE: 19 DATE: March 17, 2016 Effect of the Bill The bill redesignates the Pompano State Farmers Market as the Edward L. Myrick State Farmers Market and directs DACS to erect suitable markers to designate the area. 11. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT A. FISCAL IMPACT ON STATE GOVERNMENT: 1. Revenues: Pest Control Operator's Certification Application Fee The bill appears to have an insignificant negative fiscal impact on state government by eliminating the issuance fee to apply for a pest control operator's original certificate. DACS indicated that it expects the impact to be $76,762 per year. 176 Fee for Limited Certification for Urban Landscape Commercial Fertilizer Application The bill appears to have an insignificant negative fiscal impact on state government revenues by eliminating a late fee for limited certification for urban landscape commercial fertilizer application. DACS indicated that it expects the impact to be minimal .177 2. Expenditures: Office of Agricultural Technoloqv Services The bill may have a negative fiscal impact associated with the creation of s. 570.68, F.S. This provision creates the Office of Agricultural Technology Services, under the supervision of a senior management class employee. Currently, the Chief Information Officer within the department is classified as a retiree that has been reemployed and not eligible to participate in a state administered retirement plan. The state contributes a set amount to the state retirement account for employees in these ineligible classes, despite their inability to participate. The current retirement contribution rate for an ineligible employee in a regular class is 4.31 percent, while the contribution rate for an ineligible employee in a senior management class is 17.07 percent. Changing the department's current Chief Information Officer to a senior management class would result in an additional state retirement contribution of $12,402 from the salary and benefits appropriation category. If the current Chief Information Officer were to leave and the position was filled at the same annual rate with an employee that was eligible to participate in state retirement, then the retirement contribution for this regular class employee would be 7.26 percent. In this scenario, changing the position to a senior management class would increase the contribution rate to 21.43 percent and result in $13,722 in additional state retirement contributions. In either scenario, DACS indicated it would manage these additional costs within existing salary and benefit appropriations. 178 School Nutrition Programs The bill amends subsection (5) of s. 595.404, F.S., to create a duty to provide to a "severe need school" the highest rate of reimbursement to which it is entitled under the federal school breakfast program for each breakfast meal served. According to DACS, the department currently provides the highest rate of reimbursement to which each severe need school is entitled. Therefore, the provision will have no economic or substantive effect. 176 DACS, Agency analysis of 2016 House Bill 7007, p. 19 (November 16, 2015). 177 Id, 178 Id. STORAGE NAME: h7007z1.ANRS PAGE. 20 DATE: March 17, 2016 Section 595.404(12), F.S., currently authorizes DACS to advance funds to program sponsors when requested. Historically, advances have only been given to participants in the Summer Food Service Program. Furthermore, the USDA only requires the department to provide an advancement of funds for participants in the Summer Food Service Program. The statutory change clarifies that DACS will only advance funds when requested by sponsors of the Summer Food Service Program. According to DACS, the provision will have no economic or substantive effect on any interest groups or stakeholders. B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 1. Revenues: None. 2. Expenditures: The bill amends s. 595.407, F.S., to specify that each school district must provide a summer nutrition program within 5 miles of at least one school that serves any combination of grades K through 5, not just an elementary school. This provision attempts to close a loophole where some K-8 or K-12 schools claimed they were not elementary schools, and therefore, did not have to comply. According to DACS, interpretation of this statute has varied greatly. Thus, the change may require district school boards to adjust the location or increase the number of summer nutrition program sites they operate. Since schools participating in the summer nutrition program are reimbursed directly by the federal government, the department has indicated that the change will have a minimal impact on school districts and local governments.19 C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: The bill amends s. 482.1562, F.S., to eliminate a late fee for limited certification for urban landscape commercial fertilizer application. This may have a positive impact on those who apply commercial fertilizer by eliminating a fee. The bill amends s. 581.181, F.S., to create an exception from the destruction requirement for plant or plant products infested with pest or noxious weeds that are widely established in Florida and not regulated by DACS. This may have a positive impact on those who own plant or plant products infested with pest or noxious weeds by not requiring the owners to destroy them when they are widely established in Florida and not regulated by DACS. The bill amends s. 604.21(1), F.S., to eliminate the necessity for a complainant to submit three complaint affidavits or notarizations when an individual is damaged by an agricultural products dealer. This may have a positive impact on those individuals by eliminating the extra filings and speeding up the complaint process. The bill amends s. 604.33, F.S., to eliminate monthly reports required from grain dealers. This may have a positive impact by eliminating the filing requirements. D. FISCAL COMMENTS: None. 179 Email from fonathan Rees, Deputy Director Office of Legislative Affairs, Department of Agriculture and Consumer Services, Summer Nutrition ProgramMscal Impact, March 26, 2015. STORAGE NAME: h7007z1.ANRS PAGE: 21 DATE: March 17, 2016