LTC 108-2013 Sustainability Committee Motions m , I B EAC H
'OFFICE OF THE CITY MANAGER
No. LTC # 108 -2013 LETTER TO COMMISSION
TO: Mayor Matti! J 1 Herrera Bower and M mbers the City Commission
FROM: Jimmy L. Morales, City Manager.
DATE: April 1, 2013
SUBJECT: Sustainability Committee Motions Smoking Restrictions
The purpose of this Letter to Commission is to provide you with correspondence received
from the Sustainability Committee regarding the above subject.
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Sustainabili Committee
TO: Mayor Matti.Herrera Bower and Members of the City Commission
CommissionerJerry Llbbin, Chair i
FROM: Commissioner Jerry Libbin, Sustainability Committee Chair
Members:
..Lily Furst DATE: March 26; 2013
Mitch Novick
Debra Leibowitz SUBJECT: Sustainability Committee Motion
Luiz Rodrigues
Lanette Sobel
Gabriole van Bryce Dear Mayor and.Honorable City Commission:
The Sustainability Committee met on March 12, 2013 and passed the.two (2) motions below
regarding smoking restrictions.
Motion 1: The Sustainability Committee recommends that the Commission endorse and"
support the current. legislation before the State Legislature that, if passed, will allow
municipalities to restrict smoking, on outdoor municipal property including beaches,
providing that.a smoking area is designated. .
Please find attached Senate Bill 258 (Attachment A) and House Bill 439 (Attachment B), which
authorize local governments to regulate smoking on outdoor municipal or county property.
Motion 2: The Sustainability Committee further supports and recommends that the
Commission embrace A Better Miami Beach, Inc.'s petition (Attachment C) to ban smoking
in enclosed places of employment, specifically in nightclubs and bars.
Please find attached a copy of A Better Miami Beach's Clean Indoor Air Ordinance petition.
As an Advisory Committee, we sincerely ask that consideration be given to the above
motion. .
Sincerely, ,
The Sustainability,Committee a
Attachments:"
A: Senate Bill 258 — Florida Clean Indoor Air Act
B: House Bill 439 — Regulation of Smoking by.Municipalities and Counties
C: A Better Miami Beach, Inc. Clean Indoor Air Ordinance Petition
Attachment A j
Florida Senate 2013 CS for SB 258
_By.the Committee on Regulated Industries; and Senators Bradley,
-Dean; and ,Hays
580- 01741 -13 2013258cl.
1 A bill to be entitled
,2 An act relating to the Florida -Clean Indoor Air Act;
'3 amending s._386.209,-. F.S.•; authorizing. municipalities
4 and counties to restrict smoking,on certain
5 properties; providing limitations on .such
6 restrictions; ,authorizing-a.law,enforcement officer to
7 issue a citation under certain circumstances;
8 providing a definition; providing an effective date.
g
10 Be It 'Enacted by the Legislature of the State of Florida:
11 .•
-12 Section l.'Section 386.209; Florida Statutes, is amended to
13' 'read:
14 386..209 Regulation of smoking preempted -to state. —This part
15 expressly preempts regulation of smoking to the state and
16 supersedes.any municipal or county ordinance on the subject
17 except that: he
18 (1) School districts may further restrict. smoking by
19 persons on schoo-1 property.
20 "(2) Municipalities or counties may further restrict smoking
21 at entrances to public indoor workplaces and outdoor areas of
22 ' such workplaces, and property or controlled by a
23 municipality or including beaches, playgrounds as
24 defined in s._�775.2.15, public parks,` and sports and recreation
25 area -s, provided:
'26 (a) The areas where smoking is restricted are identified by
27 "No Smoking" signs tha,t.delineate the area, where smoking is-
28 restricted;
29 (b).- Designated smoking areas are provided and identified by
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Attachment B
Florida ..Senate.. 7. 201 CS for SB 258
580 01741 - 13 2013258cl
30 signs that delineate the areas where smoking is authorized;
31 (c) Except as provided in paragraph (d), restrictions'on
32` sidewalks or other footpaths are limited to sidewalks or
33 footpaths "that are located within a beach, playground, public
34 . park, or sports and recreation area;
35 (d) Restricted areas at entrances to an enclosed public
36 indoor workplace do not extend more than 75'feet from the
37' entrance or more than 75 feet from air intakes for HVAC systems,
38 operable windows, vents, or other openings through which smoke
39 may enter the workplace;
40 (e) The smoking,restriction does not'limit the ability of a
41 person to authorize smoking to the extent not prohibited by -this
42 chapter. However, if a business is located on property owned or
43 operated by a municipality or county, the municipality or-county
44 may require, as a condition for granting a lease, that.smoking
45 be prohibited on such property; and
46 (f) A law enforcement officer, before issuing a� citation
4,7, for a violation of this subsection, first directs the violator
48 to stop smoking and advises him or her of the penalties for-a
49 violation. If the person does not heed the directive, the
50 officer must then, ask the person "to leave the premises. If the
51 ' person refuses to leave the premises, a civil citation may be
52 issued,, punishable as provided in s. "386.208.
53
54 As used in-this section, the term "public indoor workplace"
55 - means any enclosed area owned or controlled a municipality or
56 county which is piublic.property used for public and governmental
57 purposes and ° to which the public is invited or allowed and which
' 58 in`cludes,.but is not limited to, administrative facilities,
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"
Florida Senate - 2013 CS for SB 258
580- 01741 -13 2013258c1
59 educational facilities, cultural and civic centers, healthcare
60 facilities, and recreational facilities,
61 Section '2. This act shall take effect July 1, 2013.
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F L O R I D A H 0 'U S E 0' F R E P R E S E N T A T I, V E S
HB 439 2013 .
1 A bi1l'to be'entitled
2, - An act relating to the regulation of smoking by .
3 municipalities and counties; amending s. 386.209,
A F.S.; authorizing municipalities and counties to
5 impose additional smoking restrictions on specified
6 municipal -and county property; providing an effective
7 date.
9 -Be,It Enacted.by the Legislature,of the State,of Florida:
10
lir Section 1. Section 386.209, Florida Statutes,.is amended-
12 to read:
13. 386.209 Regulation of smoking.preempted to state., —This
14 part expressly preempts regulation of smoking to the state and
15 supersedes any municipal or county ordinance the subject,
.16 except that:; h.-...,.- y e r • ,
17 (1) A school district 64st -i4et may further restrict
18 smoking by persons on.school district property.
19 (2).. A municipality may impose additional smoking
20 restrictions on outdoor municipal property with designated
21 smoking areas.
2,2 (3) A county may impose additional smoking restrictions on
2 outdoor county property with designated smoking areas.
24 Section 2. This act shall take effect July 1, 2013.
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hb0439 -00
Attachment C
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C.I.A. O. — MIAMI BEACH'S CLEAN INDOOR AIR ORDINANCE (NO SMOKING) .
Dear Miami Beach City Commission-
WHEREAS, we the residents and visitors of Miami Beach, petition the Miami Beach -City Commission (the "Commission ") to enact an
ordinance prohibiting smoking in virtually all enclosed public places, and enclosed places of employment, including but not limited
. to bars, clubs, restaurants, recreational facilities, concert halls, auditoriums, convention facilities, government buildings and vehicles,
public transportation facilities, coin laundries, public - restrooms, lobbies, reception areas, hallways and other common -use areas in,
public buildings, apartment buildings and condominium buildings;
WHEREAS, as of January 2, 2013, there are 3,671 municipalities with laws in effect that restrict where smoking is allowed. There are
1,045 municipalities; and 36 states, along,with the District of Columbia, American Samoa, the Northern Mariana Islands, Puerto Rico,,
and the U.S. Virgin Islands; and at least 84 countries that have a 100% smokefree provision in effect in workplaces, and/or-
restaurants, and /or bars (information courtesy of www:no- smoke.org and
WHEREAS, Miami Beach' is a model community with a reputation for being'on the cutting edge of many fronts, and the Commission
should broadly recognize the hazards of tobacco and secondhand smoke by implementing local anti - smoking laws and policies for
the benefit of our residents and visitors and community; and
NOW THEREFORE, we pledge our support for the Commission to enact a Clean' Indoor Air Ordinance so that we can say C.I.A.O to
smoking in enclosed public places and enclosed places.of employment!
Name Email Address Mailing Address Signature
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