Note: The online Request to Speak window has expired.
The online Comment window has expired
Agenda Item
45 23-5067 Proposed to be Postponed to January 11, 2024: An Ordinance of the City of Key West, Florida, amending Chapter 26 of the Code of Ordinances, entitled "Environment", by adding Division 6 entitled "Shopping Carts", Sections 26-137 through 26-140 to require retail sales establishments to provide identification on shopping carts, establishing procedures for removal of shopping carts found on public property and providing for enforcement, fees and penalties; Providing for severability; Providing for repeal of inconsistent provisions; Providing for an effective date.
On behalf of the Florida Retail Federation, we believe that the ordinance relating to shopping carts violates §506.5131(2), Florida Statutes in that the statute limits the ability of local governments to impose any fee, fine or cost on a shopping cart owner. Shopping cart ordinances may only require the payment of a fee, fine or cost when a shopping cart is abandoned on public property and the shopping cart was removed from the owner’s premises by the owner or the owner’s agent. Further, such ordinances must be approved by the Florida Department of Agriculture and Consumer Services.
We ask that you reconsider the proposed ordinance to ensure it does not conflict with the statute.
On behalf of the Florida Retail Federation, we believe that the ordinance relating to shopping carts violates §506.5131(2), Florida Statutes in that the statute limits the ability of local governments to impose any fee, fine or cost on a shopping cart owner. Shopping cart ordinances may only require the payment of a fee, fine or cost when a shopping cart is abandoned on public property and the shopping cart was removed from the owner’s premises by the owner or the owner’s agent. Further, such ordinances must be approved by the Florida Department of Agriculture and Consumer Services.
We ask that you reconsider the proposed ordinance to ensure it does not conflict with the statute.