Res No. 189-19RESOLUTION NO. 189-19
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, STRONGLY ENCOURAGING THE STATE LEGISLATURE TO
APPROVE SENATE BILL 182, AND ANY COMPANION HOUSE BILLS
RELATING TO THE PREEMPTION OF 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; PROVIDING FOR AN
EFFECTIVE DA TE; AND FOR OTHER PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach is diligent in its efforts to preserve the
beautiful environment that supports the tourism industry which is so vital to the economy of the City of Delray
Beach and the State of Florida; and
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 creates an impediment to the City's waste reduction and recycling goals 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 and composting programs; 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, City Commission acknowledges that some businesses have taken affirmative steps to
accomplish this goal 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 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 polystyrene containers; and
WHEREAS, the Florida Legislature under "The Energy, Clim ate 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, Florida Statutes, 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 establishm ents; and
WHEREAS, the statute also provides that until such tim e 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
customers to carry products from retail establishments and recomm ends 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, Section 500.90, Florida Statutes, preempts local regulation of the use or sale of polystyrene
products; and
WHEREAS, the City of Delray Beach 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 CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Mayor and City Commi ssion support 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 Mayor and City Commi ssion encourages approval of Senate Bill 182 and all
companion House Bills elimin ating preemption language in Sections 403.7033 and 500.90, Florida State Statutes.
Section 3. This Resolution shall become effective imm ediately upon passage.
2 RES. NO. 189-19
PASS ED AND ADOPTED in a regular session on this .5·rfét day of ¿/01/tJ,,m 6.d_ 2019.
Ka terri Johnson, City Clerk
Approved as to for and legal sufficiency:
3 RES. NO. 189-19