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EMERGENCY ORDINANCE NO. 37-2019 <br /> AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN <br /> OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, <br /> RESCINDING ORDINANCE NO. 24-2019 TITLED <br /> PROHIBITION OF POLYSTYRENE CONTAINERS AND <br /> SINGLE USE CARRY OUT PLASTIC BAGS; PROVIDING <br /> FOR SEVERABILITY; PROVIDING FOR CODIFICATION; <br /> PROVIDING AN EFFECTIVE DATE. <br /> WHEREAS, on June 11, 2019, the Town adopted Ordinance No. 24-2019 titled <br /> Prohibition of Polystyrene Containers and Singe Use Carry Out Plastic Bags; and <br /> WHEREAS, the Florida Retail Federation in a letter dated July 15, 2019 to the <br /> Mayor and Town Council served official notice, pursuant to Chapter 57.12, Florida <br /> Statutes, informing the Town that Ordinance No. 24-2019 "clearly violates the express <br /> preemptions outlined in the Florida Statutes; and <br /> WHEREAS, said letter demanded, pursuant to 57.12 that the Town repeal "this <br /> unlawful ordinance within 60 days" stating that "if the ordinance is not repealed within <br /> the requisite period, the Town will be responsible for attorney's fees, costs and <br /> damages in the event the ordinance is successfully challenged in court;" and <br /> WHEREAS, on August 14, 2019, the Third District Court of Appeal rendered an <br /> opinion that Florida Statutes clearly and unambiguously preempts the regulation of <br /> "polystyrene products" and that Sections 403.708(9), 403.7033, and 500.90 relating to <br /> same are constitutional, thereby preempting the Town's ordinance prohibiting <br /> polystyrene containers; and <br /> Ord.No.37-2019 Page 1 of 3 <br />