HomeMy WebLinkAboutResolution No. 2015-02 no vote taken Resolution No. 2015-02 was presented at the Regular
City Council Meeting of 03-17-2015, but no vote was
taken by the City Council.
RESOLUTION NO. 2015-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, SUPPORTING THE STATE
LEGISLATURE'S EFFORTS TO AMEND FLORIDA STATUTE
SECTION 403.7033, TO PROVIDE FOR LOCAL REGULATION
AND ENFORCEMENT OF PLASTIC BAGS UNDER THE
STATE'S PROPOSED GUIDELINES; ALTERNATIVELY,
SHOULD THE STATUTE NOT BE AMENDED, THE CITY
COUNCIL REQUESTS THE REPEAL OF FLORIDA STATUTE
SECTION 403.7033, SO LOCAL GOVERNMENTS ARE NO
LONGER PREEMPTED FROM ENACTING APPROPRIATE
LEGISLATION RELATING TO THE REGULATION OF
PLASTIC BAGS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS,plastic bags are detrimental because they do not fully degrade and introduce unsafe
chemicals into the environment; and
WHEREAS, plastic bags pose a danger to/potential death of marine animals through
entanglement and ingestion; and
WHEREAS,the expansive use of single-use plastic shopping bags creates an impediment to the
City's waste reduction/recycling goals, as well as creating unsightly litter; and
WHEREAS, single-use plastic bags are difficult to recycle and frequently contain contaminated
material; and
WHEREAS, reusable bags are considered to be the best option to reduce waste/litter, protect
wildlife and conserve resources; and
WHEREAS, it is in the public interest to encourage and enable the location of a viable reusable
bag manufacturing operation in the State of 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
WHEREAS, the Florida Legislature under "The Energy, Climate Change, and Economic
Security Act of 2008",enacted House Bill 7135,creating Florida Statutes Section 403.7033; and
WHEREAS, Section 403.7033 requires the Florida Department of Environmental Protection
(DEP) 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
City of Cape Canaveral Resolution
No.2015-02
Page 1 of 3
WHEREAS, the statute also provides that until such time that the Legislature adopts the
recommendations of DEP,no local or state government may enact any regulation or tax on the use of such
retail bags; and
WHEREAS,the DEP analysis determined a need for new or different regulations of bags used by
consumers to carry products from retail establishments and recommended the implementation of new
standards prohibiting the use of plastic carryout bags, which should encourage the use of reusable bags
and be beneficial to the environment; and
WHEREAS, House Bill 661 and companion Senate Bill 966, propose an amendment to Section
403.7033 to provide legislative findings; deleting obsolete provisions; create definitions; create statewide
standards for reusable bags and recyclable paper bags for stores located within a county or municipality
that adopts ordinances pursuant to the statute; would require affected stores to charge customers a fee for
each recyclable paper bag provided;would prohibit affected stores from providing plastic carryout bags or
other types of bags; would provide for the allocation of fees collected, reporting requirements for affected
stores; and authorizing local governments to impose a penalty and create ordinances to regulate the use of
carryout bags,pursuant to the statute ; and
WHEREAS,through the proposed bills,the Legislature has indicated a legislative belief that it is
necessary and appropriate to adopt uniform statewide standards prohibiting the use of plastic carryout
bags,which authorize local governments to adopt regulations by local ordinance; and
WHEREAS,the bill is being amended and has not been enacted; and
WHEREAS,the City Council supports the efforts to amend Section 403.7033, under House Bill
661 and companion Senate Bill 966 and supports the enactment of the bills, and alternatively, requests
Section 40; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral and the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY RESOLVES,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Passage of Legislation. The City Council supports the efforts to amend Section
403.7033, under House Bill 661 and companion Senate Bill 966 and supports the enactment of the bills,
and, alternatively, request that Florida Statutes Section 403.7033, be repealed, so that local governments
can enact appropriate legislation relating to the regulation of plastic bags.
Section 3. Distribution. The City Clerk is directed to distribute this Resolution to members
of the Brevard Legislative Delegation, the Florida House of Representatives, Florida Senate and the
Brevard County Board of County Commissioners.
City of Cape Canaveral Resolution
No.2015-02
Page 2 of 3
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions
adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the
extent of the conflict.
Section 5, Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Resolution is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be
deemed a separate, distinct and independent provision, and such holding shall not affect the validity of
the remaining portions of this Resolution.
Section 6. Effective Date. This Resolution shall become effective immediately upon
adoption by the Cape Canaveral City Council.
RESOLVED by the City Council of the City of Cape Canaveral, Florida. in a regular meeting
assembled on this 17th day of March,2015.
ROCKY RANDELS,Mayor
ATTEST:
For Against
ANGELA APPERSON,City Clerk John Bond
Bob Hoog
Buzz Petsos
Approved as to legal form and sufficiency for the
City of Cape Canaveral only: Rocky Randels
Betty Walsh
ANTHONY A. GARGANESE,City Attorney
I
City of Cape Canaveral Resolution
No.2015-02
Page 3 of 3