LTC 357-2018 City of South Miami Resolutions NO. 113-18-15146 anMIAMI BEACH
OFFICE OF THE CITY CLERK
No.
357-2018
LETTER TO COMMISSION
TO: Mayor Dan Gelber and Members of theiCity Commission
FROM: Rafael E. Granado, City Clerk
DATE: June 25, 2018
SUBJECT: CITY OF SOUTH MIAMI RESOLUTIONS NO. 113-18-15146 AND 117-18-15150
Attached for your information are Resolutions No. 113-18-15146 and 117-18-15150, adopted by
the Mayor and Commission of the City of South Miami on June 19, 2018.
Resolution No. 113-18-15146
A RESOLUTION OF THE MAYOR AND CITY COMMISSION FOR THE CITY
OF SOUTH MIAMI TO ENCOURAGE THE MIAMI-DADE COUNTY BOARD OF
COUNTY COMMISSIONERS TO BAN COUNTY -WIDE THE SALE OF
FLAVORED TOBACCO PRODUCTS.
Resolution No. 117-18-15150
A RESOLUTION OF THE MAYOR AND CITY COMMISSION FOR THE CITY
OF SOUTH MIAMI ENCOURAGING MIAMI-DADE COUNTY BOARD OF
COUNTY COMMISSIONERS TO BAN PLASTIC STRAWS OR RESTRICT
THEIR USE.
The City Clerk of South Miami has requested that copies of these Resolutions be provided to the
Miami Beach Mayor and Commissioners.
If you have any questions, please contact the Office of the City Clerk at 305.673.7411.
REG/Ic
Attachment
F:\CLER\$ALL\CILIA\LTC's - Transmittal's\Resolutions 113-18-15146 and 117-18-15150.docx
RESOLUTION NO. 1 13 -18-1 51 4 6
A Resolution of the Mayor and City Commission for the City of South Miami
to encourage the Miami -Dade County Board of County Commissioners to
ban County-widethe sale of flavored tobacco products.
WHEREAS, on December 6, 2011, the City of South Miami banned the sale or
possession with the intent to sell or for the purpose of selling any tobacco products (including
but not limited to snuff flour, plug and twist tobacco, fine cuts, chewing tobacco, snus, shisha
tobacco, smoking or snuffing tobacco, cigarettes, cigars, smokeless tobacco products and blunt
wraps prepared in such a manner and with the purpose of ingesting tobacco or nicotine by
chewing, inhaling or smoking) that contain any additional substance ("additive"), including, but
not limited to, natural or artificial favoring (other than tobacco or menthol) that masks or reduces
the natural characteristics of tobacco by affecting its flavor, smell or taste; and
WHEREAS, Florida Department of Health website for a "Tobacco Free Florida" states:
There's berry, vanilla, chocolate, and green apple. There are flavored cigars, tobacco
leaves, smokeless, chew, snuff, snus, hookah and dissolvable tobacco. In short, a wide
variety of candy and fruit flavored tobacco products are available in communities
throughout Florida despite overwhelming evidence that these deadly products appeal to
youth and can lead to a lifetime of tobacco addiction.
In recent years, the emergence of new flavored tobacco products, presented in colorful
and playful packaging and backed by hefty marketing budgets, have parents, teachers,
health advocates, physicians, and communities rightly concerned. Flavored tobacco
appeals to younger audiences. In Florida, one in six kids between the ages of 11 and 17
had ever tried flavored tobacco.
Many of these kids erroneously believe these products are less harmful than their non -
flavored counterparts. Using any kind of tobacco product increases the risk of developing
serious health problems, including various types of cancer, heart disease and lung
disease.
Youth have always been an important target for the tobacco industry. Numerous internal
tobacco industry documents reveal that companies perceive youth as a key market. In
April 2009, the Family Smoking Prevention and Tobacco Control Act, H.R. 1256, a U.S.
federal law that gave the Food and Drug Administration (FDA) power to regulate the
tobacco industry, paved the way to ban production and marketing of fruit and candy
flavored cigarettes. However, the ban does not currently include menthol cigarettes or
other types of flavored tobacco such as smokeless tobacco and cigars.
WHEREAS, in 2017 the San Francisco Board of Supervisors enacted an ordinance to
prevent marketing of (candy) flavored tobacco products to minors, which would be sold in
brightly colored packaging and taste like bubblegum, mango or chicken and waffles; and
Res. No. 113-18-15146
WHEREAS, in 2018, a petition drive put a ballot question before the voters of San
Francisco to determine if the voters were in favor of the ban on flavored tobacco products; and
WHEREAS, it was reported that a 12MS campaign, primarily funded by RJ Reynolds
was instituted to convince voters to overturn the ban on flavored tobacco products; and
WHEREAS, 68% to 70% of San Francisco voters voted to uphold the ban on flavored
tobacco products; and
WHEREAS, a person experiencing non -flavored tobacco for the first time has a
significant chance of gagging on the smoke and never trying tobacco again; and
WHEREAS, the Florida Department of Health has reported that:
Candy and fruit flavors mask the bad taste of tobacco, making it easier for
kids to start using tobacco products. Once they start using one tobacco
product, they are more likely to experiment with others.
The FDA is currently examining options for regulating both menthol
cigarettes and flavored tobacco products other than cigarettes, including
chewing tobacco, cigars, cigarillos, bidis, dip, shisha, snuff, snus and other
smokeless tobacco products. Most of these products can currently be
purchased at any convenience store.
In 2011, 19.7 percent of Florida high school students had tried a flavored cigar
and 9.8 percent had smoked a flavored cigar on one or more occasions during
the past 30 days.
In 2011, 7.9 percent of Florida high school students had tried flavored
smokeless tobacco and 4.6 percent of high school students had used flavored
smokeless tobacco in the past 30 days.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Mayor and City Commission for the City of South Miami hereby
encourage the Miami -Dade County Board of County Commissioners to ban County -wide the
sale of flavored tobacco products.
Section 2. The City Clerk shall send a copy of this resolution to each member of the
County Commission, the League of Cities, and each municipality in Miami -Dade County.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Page 2 of 3
Res. No. 113-18-15146
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED thisl 9thday of June
A EST:
, 2018.
APPROVED:
fr0/65414-11)-
TrCLERK MAI.OR
READ AND AP i D AS T• F
LANG EGA ITY A.
E
OF
ORNEY
Page 3 of 3
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea
RESOLUTION NO. 117-18-15150
A Resolution of the Mayor and City Commission for the City of South Miami
encouraging Miami -Dade County Board of County Commissioners to ban
plastic straws or restrict their use.
WHEREAS, the straw in the average glass of water served in a restaurant will be used for
just a few minutes, but in the environment, it can last more than several lifetimes; and
WHEREAS, wax paper straws wrapped in plastic were successfully used for many
decades before the invention of single use plastic straws; and
WHEREAS, plastic straws, though small, cause serious harm to our environment for a
number of reasons: it easily fmds its way into our waterways due to its lightweight nature, it doesn't
biodegrade, but instead it fragments into smaller pieces which are frequently mistaken for food by
marine animals, and it can't be recycled; and
WHEREAS, the harmful effects of the unmitigated use of plastic straws and other plastic
products are currently being seen in our environment and, once in the environment, plastic enters
our food chain where, increasingly, microplastic particles are turning up in our stomachs, blood
and lungs - the effects of which are only beginning to be studied; and
WHEREAS, a recent article in National Geographic stated that: "One million seabirds
and 100,000 marine mammals are killed annually by plastic in our oceans. Forty-four percent of
all seabird species, 22 percent of whales and dolphins, all sea turtle species, and a growing list of
fish species have been documented with plastic in or around their bodies"1; and
WHEREAS, British Prime Minister, Theresa May, was quoted in a BBC article on April
19, 2018, saying that plastic waste was "one of the greatest environmental challenges facing the
world"2; and
WHEREAS, the United Kingdom is part of the growing list of countries that have banned
or will be banning single -use plastics such as plastic straws; and
WHEREAS, according to a June 5, 2018 article in The Guardian, current projections show
that global plastic production will skyrocket in the next 10-15 years. This year alone,
manufacturers will produce an estimated 360m tonnes. With a booming population driving
demand, production is expected to reach 500m by 2025 and a staggering 619m tonnes by 20303;
and
WHEREAS, we are so dependent on plastic in our everyday lives and it will take a
movement, a shift in mindset to tackle this problem; and
I https://www.nationalgeographic.com/travel/features/plastic-straw-single-use-plastics-in-hotels-cruises/
2 https://www.bbc.com/news/uk-politics-43817287
https://www.theguardian.com/environment/2018/jun/05/the-planet-is-on-edge-of-a-global-plastic-calamity
Page 1 of 2
Res. No. 117-18-15150
WHEREAS, we each have a part to play in curbing our plastic consumption: individually,
we can act as responsible and informed consumers, the private sector can adopt business practices
that reflect environmental responsibility, and governments can enact policies that mandate the
responsible production and use of plastics; and
WHEREAS, it is time for Miami -Dade County to take a first -step towards action and ban
plastic straws.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The Mayor and City Commission for the City of South Miami encourage the
Miami -Dade County Board of County Commissioners to ban the use of plastic straws or require
restaurants to discourage the use of plastic straws and only provide plastic straws upon request.
Section 2. The City Clerk shall send a copy of this resolution to each member of the County
Commission, the League of Cities, and each municipality in Miami -Dade County.
Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
not affect the validity of the remaining portions of this resolution.
Section 4. Effective Date. This resolution shall become effective immediately upon
adoption by vote of the City Commission.
PASSED AND ADOPTED this 19th day of June, 2018.
READ AND APP' O VED AS TO FORM:
LANGUA ITY AND
EXEC 'REOF
Page 2 of 2
APPROVED:
iLota
mAYbR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Gil: Yea