On February 21, 2024, the Mayor and Commission referred a discussion to the Finance and Economic Resiliency Committee to consider incorporating a prohibition on plastic utensils in City’s outdoor dining contracts and restaurant leases, and devise incentives for establishments to adopt the “Skip the Stuff” initiatives similar to other jurisdictions. This item is sponsored by Commissioner David Suarez.

On June 29, 2023, the Sustainability Committee met and passed the motion urging the Mayor and City Commission to explore the implementation of a policy similar to the Skip the Stuff bill that was recently adopted in New York City. The Sustainability Committee further urged the Mayor and City Commission to establish a stiff fine schedule for repeat offenders of the current City-wide Plastic Straw and Stirrer Ban, per Ordinance 2019-4295.

Plastic pollution has emerged as a pressing environmental issue, affecting ecosystems, wildlife, and human health. The International Union for Conservation of Nature (IUCN) estimates that up to 14 million tons of plastic enter the oceans each year with plastic making up as much as 80% of all marine debris. This plastic pollution affects over 800 species through ingestion, entanglement, and habitat disruption. Animals, including birds, fish, and marine mammals, mistake plastic waste for food, leading to ingestion that can cause internal blockages, starvation, and death. Microplastics have also been found in human food and water sources, with unknown long-term health effects. The restaurant industry in the United States spends $19 billion annually on plastic utensils, with a significant portion ending up unused. The following is a summary of the benefits of reducing single-use plastics:

Environmental Impact

•  Plastic Pollution: An estimated 14 million tons of plastic enter the oceans each year, with single-use plastics constituting a significant portion. These plastics degrade into microplastics, harming marine life and entering the human food chain.
•  Waste Reduction: In cities that have implemented similar policies, there has been a decrease in single-use plastic waste.
•  Greenhouse Gas Emissions: The production and disposal of single-use plastics are significant sources of greenhouse gas emissions. By reducing the demand for these items, businesses would contribute to the mitigation of climate change.

Economic Impact

• Cost Savings for Businesses: Reducing the default distribution of single-use items can lead to cost savings. Businesses often bear the cost of these items and give them out “free” to the public. By only providing them upon request, they can reduce operating expenses.

Social Impact

• Consumer Behavior: When consumers are asked whether they need single-use items, many opt-out, suggesting that much of the waste from these products is unnecessary. Having consumers opt-in to receiving single-use items can lead to a more conscientious consumption pattern that aligns with broader environmental values.

The City of Miami Beach has passed many ordinances to reduce the use of plastics in our local environment, including:

• Ordinance 2024-4590: Balloons Prohibited at Public Marinas, Marine Facilities, Parks and Beaches
• Ordinance 2022-4509: Smoking cigarettes in public parks or on public beaches is prohibited. Cigarette butts are by far the most common item polluting our parks, beaches and waterways and contain microplastics.
• Resolution 2019-31017: Limits on Plastics at Beachfront Concessions. Requires all beachfront concessionaires to utilize 100% reusable wares, including tableware, serving dishes/containers, condiments, plates, bowls, hot and cold cups, and flatware. This does not apply for takeout.
• Ordinance 2019-4295: City-wide Plastic Straw and Stirrer Ban. Food service providers and stores are prohibited from selling, using, offering for sale or use, or providing beverages with single- use plastic beverage straws and single- use plastic stirrers.
• Ordinance 2018-4205: Plastic Bag Prohibition. The use/distribution of single-use carry out plastic bags is prohibited on the right of way and to sidewalk café patrons. The State preempts municipalities from regulating plastic bags citywide.
• Ordinance 2017-4068: Extension of Polystyrene Ban. Unencapsulated expanded polystyrene floating docks, floating platforms, and buoys are prohibited to be used or placed in any of the waters and waterways citywide.
• Ordinance 2015-3962: City-wide Polystyrene (Styrofoam) Ban. The sale and use of expanded polystyrene (also known as Styrofoam) is banned within the City and includes: parks, beaches, city-owned facilities, sidewalk cafes, special event permits, city marinas, unencapsulated docks, buoys, platforms, piers and boat ramps.

“Skip the Stuff”

On February 2023, New York City Mayor Eric Adams, signed into law the "Skip the Stuff" bill (Intro 559-A), a legislative measure aimed at reducing the unnecessary use of single-use plastics by food service establishments, including restaurants and food delivery platforms. This bill mandates that these establishments can only provide items like eating utensils, extra containers, condiment packets, and napkins if the customer specifically requests them. This law is part of a larger strategy to reduce plastic waste and its associated negative impacts on the environment, including contributions to landfills and greenhouse gas emissions.   New York City alone spends $42 million a year just to manage the waste from single-use cutlery.

A significant barrier to reducing the consumption of single-use plastics and foam in Florida stems from preemption laws that restrict the ability to enact local ordinances banning certain single-use plastics and foam products. Florida Statue 403.7033 is a plastic bag preemption and Florida Statute 500.9 is a polystyrene preemption (enacted after our City ordinance which is grandfathered in).

A ban on plastic utensils could be affected by current state preemptions on plastics. One way the city has addressed the issue of preemption is by incorporating single use plastic reduction into contractual agreements with sidewalk café operators and the City’s tenants, particularly those engaged in takeout and delivery services.

Additionally, by focusing on voluntary reduction and customer opt-in policies for single-use items in food service, a voluntary "Skip the Stuff" enables localities to make impactful environmental progress without conflicting with State regulations. The "Skip the Stuff" bill aligns with City efforts to mitigate environmental impact and promote sustainability within the City of Miami Beach. By reducing reliance on single-use plastics, the City can decrease its ecological footprint and foster a culture of environmental stewardship among businesses and residents.

Incentives

In November 2018, the City of Miami Beach launched the Plastic Free Miami Beach program, a City initiative aimed at minimizing the use of plastic in the city by highlighting businesses that have taken action to reduce plastics from their establishment and helping organizations learn and implement best practices in the area of environmental stewardship.

A "Skip the Stuff" initiative for the City of Miami Beach can provide significant support to the Plastic Free Miami Beach Program, which is in the procurement process and will be updated later this year. Plastic Free Miami Beach is aimed at minimizing the use of plastic in the city, and the proposed legislation can complement the objectives of the Plastic Free Miami Beach Program and can help to create a cleaner and more sustainable environment in the City.

SUPPORTING SURVEY DATA

In a 2022 Community Survey, an estimated 45.8% of Miami Beach residents believe recycling, yard waste, and other waste diversion programs have reduced the amount of garbage placed in trash cans.

This information is presented for discussion by the Finance and Economic Resiliency Committee.