HomeMy Public PortalAbout2014-42 Urging the Florida Legislature to amend section 403RESOLUTION NO. 2014-42
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO AMEND SECTION 403.7033,
FLORIDA STATUTES TO ALLOW FOR THE
REGULATION OF PLASTIC BAGS USED BY RETAIL
ESTABLISHMENTS, OR IN THE ALTERNATIVE TO
REPEAL THE BAN ON LOCAL AND STATE
REGULATION OF THE USE OF PLASTIC BAGS;
PROVIDING FOR TRANSMITTAL; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") is increasingly concerned
about the adverse environmental consequences of the use of plastic bags by retail establishments;
and
WHEREAS, the Florida Legislature has adopted Section 403.7033, Florida Statutes,
which prevents local governments from enacting "any rule, regulation, or ordinance regarding
use, disposition, sale, prohibition, restriction, or tax of such auxiliary containers, wrappings, or
disposable plastic bags," until such time that the Legislature adopts the recommendations of the
Florida Department of Environmental Protection relating to the use of such containers,
wrappings, or bags; and
WHEREAS, in 2010, the Florida Department of Environmental Protection sent its
recommendations to the Florida Legislature for adoption, but the Legislature has failed to adopt
such recommendations; and
WHEREAS, as such, the Village urges the Florida Legislature to amend Section
403.7033, Florida Statutes, to allow for the regulation of plastic bags used by retail
establishments, or in the alternative to repeal the ban on local and state regulation of the use of
plastic bags; and
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WHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the residents of Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. Each of the above stated recitals are hereby adopted,
confirmed and incorporated herein.
Section 2. Urging the Florida Legislature. The Village Council hereby urges the
Florida Legislature to amend Section 403.7033, Florida Statutes, to allow for the regulation of
plastic bags used by retail establishments, or in the alternative to repeal the ban on local and state
regulation of the use of plastic bags.
Section 3. Transmittal. The Village Clerk is hereby directed to transmit this
Resolution to the Governor, President of the Florida Senate, and Speaker of Florida House of
Representatives.
Section 4. Effective Date. This Resolution shall be effective immediately upon
adoption.
PASSED AND ADOPTED this 18th day of November, 2014.
ATTEST:
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NCHI / H. V Z, MMC
ILLAG CLERK
APPROVED AS TO FORM AND LEGA
VILLAGE ATTO
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A PENA LINDSAY, MAYOR l