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Resolution 2019-30712 RESOLUTION NO. 2019-30712 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT SENATE BILL 218 AND PROHIBIT THE SMOKING OF TOBACCO ON PUBLIC BEACHES THROUGHOUT THE STATE OF FLORIDA. WHEREAS, a fundamental purpose of municipal government is to promote and protect the health, safety, and general welfare of its residents and visitors; and WHEREAS, the City of Miami Beach provides many recreational and leisure facilities, programs, and events in its parks and on its internationally renowned beaches that help to promote good health, wellness, and enhanced quality of life opportunities; and WHEREAS, the United States Environmental Protection Agency, the U.S. Surgeon General, and the U.S. National Toxicology Program have all classified secondhand smoke as a known human carcinogen that puts our residents and visitors in danger of proven health risks, and WHEREAS, allowing tobacco use in and around beachfront recreational and leisure activities sends a contradictory message to young people who are encouraged to participate in outdoor activities that are beneficial to their health and wellness; and WHEREAS, in addition, improperly discarded cigarette butts contribute to litter and pollution in our City, as well as create potential health dangers on our beaches for our residents, visitors, children, pets, and wildlife; and WHEREAS, pursuant to Section 386.209 of the Florida Statutes, the regulation of both indoor and outdoor smoking is expressly preempted to the State of Florida and local governments currently cannot enact legislation to regulate or prohibit smoking on beaches, except that a limited exception has been made for school districts which may restrict smoking by persons on school district property; and WHEREAS, proposed Florida Senate Bill 218 will prohibit the smoking of tobacco on public beaches and will enable law enforcement officers to issue a citation for a civil infraction for violations; and WHEREAS, a prohibition on smoking on all beaches within the State of Florida will promote, protect, and improve the health, safety, and general welfare of all Florida residents and visitors, and those who visit the City's beautiful and world-class beaches. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby urge the Florida Legislature to adopt Senate Bill 218 and prohibit the smoking of tobacco on public beaches throughout the State of Florida. PASSED AND ADOPTED this 13th day of February, 20 -. ATT jig _-'P� Raf:el r nado, ity erk * INCORP 0 A ED * APPROVED AS TO FORM & LANGUAGE (Sponsored by Vice-Mayor Michael Gongora) '. y' '.,y; &FOR ElCUTION C , �( F:WTTO\TURN\RESOS\Urging Fla.Legis. to Ban Smoking on Beaches ''.u....,.... ` ( � ` City Attorney Date Resolutions - C7 S MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: February 13, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ADOPT SENATE BILL 218 AND PROHIBIT THE SMOKING OF TOBACCO ON PUBLIC BEACHES THROUGHOUT THE STATE OF FLORIDA. RECOMMENDATION Pursuant to the request of Vice-Mayor Michael Gongora, the above-referenced Resolution is submitted for consideration by the Mayor and City Commission at the February 13, 2019 Commission meeting. Legislative Tracking Office of the City Attorney Sponsor Vice-Mayor Michael Gongora ATTACHMENTS: Description ❑ Resolution • Page 409 of 911