Resolution No. 19-66RESOLUTION NO. 19-66
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF ATLANTIC
BEACH, FLORIDA, STRONGLY ENCOURAGING THE FLORIDA LEGISLATURE
TO APPROVE SENATE BILL 182 AND ANY COMPANION HOUSE BILLS
RELATING TO REGULATING RECYCLABLE AND POLYSTYRENE MATERIALS
BY AMENDING SECTION 403.7033 AND SECTION 500.90, FLORIDA STATUTES,
REPEALING THE PREEMPTION OF LOCAL LAWS REGARDING THE USE OR
SALE OF SINGLE -USE PLASTIC BAGS AND POLYSTYRENE MATERIALS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Atlantic Beach recognizes the intrinsic and economic
value of its natural environment, so much so that it created an Environmental Stewardship Committee in 2017
and identified environmental leadership as its top 2019 priority;
WHEREAS, plastic bags and polystyrene are detrimental because they do not fully degrade in our
oceans or land environment and they introduce unsafe chemicals into our environment; and
WHEREAS, plastic bags and polystyrene 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 polystyrene containers and their
typical disposal rates create an impediment to the City's waste reduction and recycling efforts while creating
unsightly litter; and
WHEREAS, single -use plastic bags and polystyrene containers are difficult to recycle and frequently
contaminate material that is processed through the City's curbside recycling program; and
WHEREAS, reusable bags and biodegradable containers are considered to be the best option to reduce
waste and litter, protect wildlife, and conserve resources; and
WHEREAS, emerging technologies and products are making biodegradable alternatives to single -use
plastics more cost effective and practical; and
WHEREAS, the City Commission acknowledges that some businesses have taken affirmative steps
to reduce waste and litter, and recognizes their proactive efforts; and
WHEREAS, it is in the public interest for the City Commission to encourage and enable the location
of a viable reusable bag manufacturing operation in Florida; and
WHEREAS, it is in the public interest for the Florida Legislature to provide statewide deregulation of
the proliferation of single -use shopping bags and polystyrene containers; and
WHEREAS, the Florida Legislature under "The Energy, Climate Change, and Economic Security Act
of 2008", enacted House Bill 7135, creating Sections 403.7033 and 500.90, Florida Statutes; and
WHEREAS, Section 403.7033 requires the Florida Department of Environmental Protection (FDEP)
to perform an analysis and submit a report to the Legislature by February 1, 2010, regarding the necessity and
efficacy of both statewide and local regulation of bags used by consumers to carry products from retail
establishments; and
Resolution No. 19-66 1
WHEREAS, the statute also provides that until such time that the Legislature adopts the
recommendations of FDEP, no local or state government may enact any regulation or tax on the use of such
retail bags; and
WHEREAS, the FDEP analysis determined a need for new or different regulations of bags used by
customers to carry products from retail establishments and recommends the implementation of new standards
requiring the prohibition of plastic carryout bags encourages the use of reusable bags to the benefit of the
State's environment; and
WHEREAS, the analysis recommended that the Legislature take action to discourage the use of single -
use paper and plastic retails bags and encourage the use of reusable retail bags; and
WHEREAS, the Legislature's preemption of local regulation on the use or sale of polystyrene
products contradicts FDEP's conclusion that regulation of retail bags is an essential tool to reduce waste and
litter, protect wildlife, and conserve resources;
WHEREAS, the City Commission supports the efforts to repeal Sections 403.7033 and 500.90,
Florida Statutes, so that local government can enact appropriate legislation relating to the regulation of plastic
bags and polystyrene containers.
NOW, THEREFORE, BE IT RESOLVED by the Atlantic Beach City Commission:
Section 1. The City Commission supports efforts to repeal Sections 403.7033 and 500.90, Florida
Statutes, so that local governments are no longer preempted from enacting appropriate legislation relating to
the regulation of plastic bags and polystyrene containers.
Section 2. The City Commission encourages approval of Senate Bill 182 and all companion House
Bills eliminating preemption language in Sections 403.7033 and 500.90, Florida State Statutes.
Section 3. This Resolution shall become effective immediately upon its passage.
PASSED AND ADOPTED by the City of Atlantic Beach, this 9th day of December 2019.
Ellen Glasser, Mayor
Attes
OniriQ-
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenda M. Durden, City Attorney
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