Title
A Resolution of the City Commission of Coral Gables, Florida urging the Florida Legislature to amend Section 500.90, Florida Statutes to grandfather-in the City’s polystyrene regulations, enacted as Ordinance 2016-08.
(Sponsored by Vice Mayor Lago)
Body
Expanded polystyrene, a petroleum by-product commonly known as Styrofoam, is neither readily recyclable nor biodegradable and can take thousands of years to degrade in the environment. Products made from expanded polystyrene have little value, are not accepted in single stream recycling facilities, and cause serious harm and death to wildlife.
On December 8, 2015, to address significant environmental concerns related to polystyrene, and consistent with the Home Rule powers guaranteed to the City of Coral Gables by the Miami-Dade Home Rule Charter and the Florida Constitution, the City Commission adopted Ordinance 2016-08 on first reading. Ordinance 2016-08 prohibits: (1) city vendors/contractors from, selling or using expanded polystyrene within the City or in completing their duties under contract with the City, (2) special event permittees from using expanded polystyrene articles during events, and (3) generally prohibits the sale or use of expanded polystyrene by businesses in the City.
Hand-in-hand with the Coral Gables Chamber of Commerce, the City spent several months engaging and educating local business on the effects of Ordinance 2016-08, thereby delaying second reading of the ordinance until February 9, 2016.
On July 18, 2016, the Florida Retail Federation, Inc. and Super Progresso, Inc. sued the City of Coral Gables for declaratory judgment and injunctive relief, seeking a declaration that Ordinance 2016-08 was invalid as preempted by Section 500.90, F.S. The City prevailed in the suit, and on February 27, 2017, Judge Cueto of the Eleventh Judicial Circuit found that Section 500.90, F.S., Sections 403.708(9) and 403.7033, F.S. were unconstitutional and thus unenforceable against ...
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