Res No 172-14-14266RESOLUTION NO.172-14-14266
A Resolution supporting the initiatives by local municipalities in Florida to
lessen the negative impact of single-use plastic bags on our environment.
WHEREAS,theCity Commission isdiligentinitseffortsto preserve thebeautiful
environmentthatsupportsthetourismindustrywhichissovitaltotheeconomy of theCity of
South Miami and the State of Florida;and
WHEREAS,plastic bags are detrimental because theydonotfully degrade inour oceans
or land environment and they introduce unsafe chemicals into our environment;and
WHEREAS,plastic bags create the potential for death of (land)and marine animals
through entanglement and ingestion;and
WHEREAS,the expansive usage of single-use shopping bags and their typical disposal
ratescreatesan impediment tothe City's waste reduction and recycling goalswhilecreating
unsightly litter;and
WHEREAS,single-use plastic bagsare difficult to recycle and frequently contaminate
materialthatisprocessedthroughthe City's curbsiderecyclingandcompostingprograms;and
WHEREAS,reusable bagsare considered tobethebest option to reduce wasteandlitter,
protect wildlife and conserve resources;and
WHEREAS,theCity Commission acknowledges thatsome businesses havetaken
affirmativestepstoaccomplishthisgoalandrecognizestheirproactiveefforts;and
WHEREAS,itisinthepublicinterestfortheCityCommissiontoencourageandenable
thelocation of aviablereusablebag manufacturing operationintheState of Florida;and
WHEREAS,itisinthepublicinterestfortheFloridaLegislaturetoprovide statewide
deregulation oftheproliferation of single-use shoppingbags;and
WHEREAS,ifthe State does notactto regulate the proliferation of single-use shopping
bags the City Commission would like to potentially enact regulations governing the use of plastic
checkout bags.
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.TheCityof South Miami is committed tothe long-term goal of reducing the
harms of plastic pollution on our fragile environment and committed to ensuring a thriving,
attractive and safe environment for current and future residents and tourists.
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Res.No.172-14-14266
Section 2.TheCity of SouthMiamidoes hereby support initiatives tolessenthe
negativeimpact of single-useplasticbagsspecifically,andsupportsthe promotion of reusable
shopping bagsasthebest alternative to single-use plastic or single-use paper bags.
Section 3.The City of South Miami supports the State Legislature's action to allow
local municipalities inthe State of Florida to regulate their own local communities inan effort to
alleviate the harms caused by single-use shopping bags;and,therefore,the City of South Miami
opposes any statewide preemption on local efforts to determine the best course of action with
regards to protection of thelocal environment and tourism economy.
Section 4.Severability.If any section clause,sentence,or phrase of this resolution isfor
anyreasonheldinvalidor unconstitutional byacourt of competent jurisdiction,theholdingshall
notaffectthe validity of the remaining portions of this resolution.
Section5.Effective Date.Thisresolutionshallbecomeeffectiveimmediatelyupon
adoption byvote of theCity Commission.
PASSED AND ADOPTED this 2nd day of September ,2014.
ATTEST:APPROVED:
ITY CLERK
READ ANDAplpjlOVED AS TO FORM,COMMISSION VOTE:5-0LANGUA^J^ALrpTA^D Mayor Stoddard:Yea
E^^rT^ON THER|y3F J Vice Mayor Harris:Yea
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
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Florida Senate -2014 SB 830
By Senator Bullard
39-00482-14 2014830
A bill to be entitled
An act relating to carryout bags;amending s.
403.7033,F.S.;providing legislative findings;
deleting obsolete provisions;providing definitions;
creating statewide standards for reusable bags and
recyclable paper bags for stores located within a
county or municipality that adopts ordinances pursuant
tothisact;requiring affected stores to charge
customers a feefor each recyclable paper bag
provided;prohibiting affected storesfrom providing
plastic carryout bags or other types ofbags;
providing for allocation offeescollected;providing
reporting requirements for affected stores;
authorizing local governments to impose apenalty;
authorizing local governments desiring to regulate the
useof carryout bags to adopt ordinances pursuant to
this act;providing an effective date.
BeIt Enacted by the Legislature of the State of Florida:
Section 1.Section 403.7033,Florida Statutes,is amended
to read:
403.7033Standardsfor carryout bags Departmental analysis
of particular recyclable materials.-
(1)LEGISLATIVE FINDINGS.-The Legislature findsthat
prudent regulation of recyclable materials is crucial tothe
ongoingwelfareofFlorida'secologyand economy.TheDepartment
of Environmental Protection conducted an analysis todetermine
theneedfornewordifferent regulations ofbagsusedby
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Florida Senate -2014 SB'830
39-00482-14 2014830_
customers to carry products from retail establishments and found
thatthe implementation ofnewstandards requiring the
prohibition of plastic carryoutbagsencouragestheuseof
reusable bags.As such,the Legislature finds that itis
necessary and appropriate to adopt uniform statewide standards
prohibiting theuseof plastic carryout bags,which may be
adopted by local ordinance acrossthestatethe Department of
Environmental Protection shall undertake an analysis oftheneed
fornewor different regulation of auxiliary containers,
wrappings,—or disposableplasticbagsusedbyconsumerstocarry
products from retail establishments.The analysis shall include
input from state andlocal government agencies,—stakeholders,
private businesses,—and citizens,—and shall evaluate the
efficacy and necessity ofboth statewide andlocal regulation of
these materials.—To ensure consistent and effective
implementation,—the department shall submit a report with
conclusions and recommendations to the Legislature no later than
February 1,—2010.Until such timethatthe Legislature adopts
the recommendations ofthe department,—no local government,
local governmental agency,—or state government agency may enact
any rule,—regulation,—or ordinance regarding use,—disposition,
sale,—prohibition,—restriction,—or tax of such auxiliary
containers,—wrappings,—or disposable plastic bags.
(2)DEFINITIONS.-As used in this section,the term:
(a)"Affected store"means a retail establishment located
within a jurisdiction of a local government that adopts
standards relating to carryout bags and is:
1.A full-line,self-service retail store that has gross
annual sales of $2 million or more and sells canned goods,dry
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Florida Senate -2014 SB 830
39-004 82-14 2014830
grocery items,nonfood items,or perishable items;or
2.A drugstore,pharmacy,supermarket,grocery store,
convenience store,or other entity ofat least 10,000 square
feet which engages in the retail sale of a limited line of
goods,including milk,bread,soda,and snack foods.
(b)"Carryout bag"means a bag provided toa customer at
the point ofsale for the purpose of carrying away goods.
(c)"Local government"means a county or municipality.
(d)"Plastic carryout bag"means a carryout bag made
.predominantly ofplastic.Thetermdoesnotincludeproducebags
or reusable bags made of plastic.
(e)"Postconsumer recycled material"means material that
has completed itsintendeduseor life cycle and typically would
be disposed of as solid waste.The term does not include
materials orbyproducts generated from,or commonly reused in,
an original manufacturing or fabrication process.
(f)"Produce bag"meansa plastic bag without handlesused
exclusively to carry produce,meats,or other fooditemsinside
a store tothe point of sale orto prevent such food items from
coming into direct contact withother purchased items.
(g)"Recyclablepaperbag"meansapaperbag that:
1.Contains no old-growth fiber;
2.Is100 percent recyclable and contains at least 40
percent postconsumer recycled material;
3.Is capable of composting,consistent with ASTM D640Q,
the standard specification for labeling of plastics designed to
be aerobically composted in municipal or industrial facilities;
4.Has printed on the bag the name of the manufacturer,the
country in which the bag was manufactured,and the percentage of
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FloridaSenate-2014 SB830
39-00482-14 2014830_
postconsumer recycled material used;and
5.Visibly displays the word "recyclable"onthe outside of
the bag.
(h)"Reusable bag"means a bag with handles which is
specifically designed and manufactured for multiple reuse and
which meets allof the following requirements:
1.Can carry a minimum of22 pounds 125 times,over a
distance of at least 175 feet.
2.Has a minimum volume of 15 liters.
3.Is machine washable or can be cleaned or disinfected,
4.Does not contain lead,cadmium,or any other heavy metal
in toxic amounts as defined by applicable federal standards and
regulations for packaging of reusable bags.
5.Has printed on the bag,or on a tag permanently affixed
to the bag,the name of the manufacturer;the country in which
the bag was manufactured;a statement that the bag does not
contain lead,cadmium,or any other heavy metal in toxic
amounts;and the percentage of postconsumer recycled material
used,if any.
6.If made of plastic,isat least 2.25 mils thick.
(3)STANDARDS FOR CARRYOUT BAGS.-
(a)An affected store shall provide reusable bags,at no
cost or for a fee,to a customer for the purpose of carrying
away goods or other items from the point of sale,subject to the
terms of this section.
(b)An affected store may provide recyclable paper bags to
a customer for a fee of 10 cents for each recyclable paper bag
purchased.The affected store may not rebate or otherwise
reimburse any portion of the 10 cent charge and shall indicate
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Florida Senate -2014 SB 830
39-00482-14 2014830_
on the customer receipt the number of recyclable paper bags
provided and the total amount charged for the bags.
(c)An affected store may not provide a customer with a
plastic carryout bag or other type of bag.
(d)This section doesnot prohibit a customer from using a
bag of any type which heorshe brings to the affected store or
from carrying away goods thatarenot placed inabag.
(e)Fees collected under this subsection shall be used as
follows:
1.At least 50 percent of the fees shall be distributed to
theschooldistrictinwhichtheaffectedstoreis located,to
be used solely for educational purposes;and
2.Upto50 percent ofthefeesmayberetainedbythe
affected storeto offset thecostsof complying withthis
section.
(4)REPORTING.-An affectedstoreshallreportquarterlyto
the local government the total numberof recyclable paperbags
provided,the total amount of fees collected for providing
recyclable paper bags,anda summary ofanyeffortbythe
affected store inthe prior quarter to promote customer useof
reusable bags.Suchreportingshallbedoneonaformprescribed
bythe local government and signed bya responsible agent or
officerofthe affected store confirming thatthe information
provided ontheformis accurate and complete.The report must
be submitted within 30 days after theendofeachofthe
following quarters:
(a)January 1 through March 31.
(b)April 1 through June 30.
(c)July 1 through September 30.
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(d)October 1 through December 31.
(5)PENALTY.—A local government may impose a penalty for
violation of this section.
(6)APPLICATION.-To ensure uniform statewide standards,a
local government desiring to regulate the use of carryout bags
may adopt ordinances relating to carryout bags only pursuant to
this section.
Section 2.This act shall take effect upon becoming alaw.
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