Ordinance 37-2019 Emergency EMERGENCY ORDINANCE NO. 37-2019
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
RESCINDING ORDINANCE NO. 24-2019 TITLED
PROHIBITION OF POLYSTYRENE CONTAINERS AND
SINGLE USE CARRY OUT PLASTIC BAGS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 11, 2019, the Town adopted Ordinance No. 24-2019 titled
Prohibition of Polystyrene Containers and Singe Use Carry Out Plastic Bags; and
WHEREAS, the Florida Retail Federation in a letter dated July 15, 2019 to the
Mayor and Town Council served official notice, pursuant to Chapter 57.12, Florida
Statutes, informing the Town that Ordinance No. 24-2019 "clearly violates the express
preemptions outlined in the Florida Statutes; and
WHEREAS, said letter demanded, pursuant to 57.12 that the Town repeal "this
unlawful ordinance within 60 days" stating that "if the ordinance is not repealed within
the requisite period, the Town will be responsible for attorney's fees, costs and
damages in the event the ordinance is successfully challenged in court;" and
WHEREAS, on August 14, 2019, the Third District Court of Appeal rendered an
opinion that Florida Statutes clearly and unambiguously preempts the regulation of
"polystyrene products" and that Sections 403.708(9), 403.7033, and 500.90 relating to
same are constitutional, thereby preempting the Town's ordinance prohibiting
polystyrene containers; and
Ord.No.37-2019 Page 1 of 3
WHEREAS, pursuant to the demands set forth in the Florida Retail Federation
letter of July 15, 2019 and the subsequent opinion of the Third District Court of Appeal
filed August 14, 2019, the Town Council at a meeting on August 14, 2019, declared its
intent to repeal Ordinance No, 24-2019.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PALM BEACH, PALM BEACH COUNTY FLORIDA AS FOLLOWS:
Section 1. Ordinance No. 24-2019 is hereby repealed.
Section 2. This Ordinance shall take effect immediately upon its passage on
first reading as an emergency ordinance in order to come into compliance with the
timelines set forth in Chapter 57.112, Florida Statutes.
Section 3. Severability.
Should any section or provision of this Ordinance or any portion thereof, any
paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or
part thereof other than the part declared to be invalid.
Section 4. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 7. Effective Date.
This ordinance shall become effectively immediately upon adoption.
Ord.No.37-2019 Page 2 of 3
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading as an emergency ordinance this 10th day of
September, 2019.
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G:f L. Conigli , Mayor Da ielle H. Moore, Town Council President
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Marga 4 A . Zeid n, Council President Pro Tern
uli Ar ;g, .,wn C. ncil Member
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Lewis S.W. Cr mpton, Town Coup i Member
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Bobbie Lindsay, Town ouncil ember
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