LTC 115-2012 Transmittal of City of North Miami Beach Resolutions IM MIA/01BEACH
OFFICE OF THE CITY MANAGER
NO. 115-2012 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and Members of the Ci Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: April 30, 2012
SUBJECT: TRANSMITTAL OF CITY OF NORTH MIAMI BEACH RESOLUTIONS NO.
82012-30 AND 82012-32
This LTC is to inform you that the City of North Miami Beach submitted Resolutions R2012-
30 and R2012-32 for your review.
• Resolution No. R2012-30-Encouraging Governor Rick Scott and the Florida Legislature
to revisit and re-evaluate the Stand Your Ground Law in the aftermath of the Trayvon
Martin shooting; and
• Resolution No. R2012-32 - Urging and encouraging the Florida State Legislature to
enact legislation banning the sale and marketing of flavored tobacco products within the
State of Florida.
If you have any questions, please contact the City Clerk's Office at 305.673.7411.
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F:\CLER\HATL\Letters\LTC\113-2012 Transmittal Resos.doc
RESOLUTION NO.R2012-30
A RESOLUTION OF THE MAYOR AND CITY COUNCIL.
OF THE CITY OF NORTH MIAMI BEACH, FLORIDA,
ENCOURAGING GOVERNOR RICK SCOTT AND THE
FLORIDA LEGISLATURE TO REVISIT AND RE-
EVALUATE THE STAND YOUR GROUND LAW IN THE
AFTERMATH OF THE TRAYVON MARTIN SHOOTING.
WHEREAS, in February, 2012, 17-year-old Trayvon Martin was shot and killed by
neighborhood watch volunteer George Zimmerman in Sanford,Florida; and
WHEREAS, George Zimmerman's alleged shooting in self-defense has caused many to
revisit and re-evaluate the Stand your Ground Law; and
WHEREAS, in March, 2012, Judge Beth Bloom ruled in the matter of Greyston
Gonzalez that the Stand Your Ground Law permitted Gonzalez to chase another individual,
Pedro Roteta, for more than one block from his home and his property and, therefore, Gonzalez
would not stand trial for the death of Roteta; and
WHEREAS, the Stand your Ground Law allows a person to use force in self-defense
when there is reasonable belief of a threat,without an obligation to retreat first; and
WHEREAS, the Stand your Ground Law, as implemented in the State of Florida, states
that a person has no duty or other requirement to abandon a place where he/she has a right to be,
or to give up ground to an assailant; and
WHEREAS, the legal interpretations of Stand Your Ground Law have permitted
individuals to leave their homes and their property to chase others and to inflict harm or death
without consequence; and
WHEREAS, stand your ground laws are frequently criticized and called "shoot first"
laws by critics and have resulted in self-defense claims tripling within the State of Florida;and
RESOLUTION 82012-30
WHEREAS, the Trayvon Martin case has resulted in heavy criticism and increased
scrutiny of the law by the public, thereby demonstrating an urgent need for the Governor and
State Legislature to revisit and re-evaluate the Stand your Ground Law in the State of Florida.
NOW,THEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach,Florida.
Section 1. The foregoing recitals are true and correct.
Section 2. The Mayor and Council of the City of North Miami Beach,Florida,hereby
encourage Governor Rick Scott and the Florida Legislature to revisit and re-evaluate the Stand
your Ground Law in the State of Florida.
Section 3. The City Clerk is hereby directed and authorized to transmit a copy of this
resolution to Governor Rick Scott, to all State Representatives, State Senators, and the presiding
Officers and Council members of the municipalities in Miami-Dade County.
APPROVED AND ADOPTED by the City of North Miami Beach City Council at the
regular meeting assembled this 17th day of April,2012.
ATTEST:
PAME LA L: L ORE GE ALLEJ
CITY CLERK MAYOR
(CITY SEAL) APPROVED AS TO FORM:
DARCEE S. SIEGEL
CITY ATTORNEY
Sponsored by: Vice-Mayor Beth E. Spiegel
Mayor and Council
RESOLUTION 82012-30
RESOLUTION NO.R2012-32
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF NORTH MIAMI BEACH, FLORIDA,
URGING AND ENCOURAGING THE FLORIDA STATE
LEGISLATURE TO ENACT LEGISLATION BANNING
THE SALE AND MARKETING OF FLAVORED TOBACCO
PRODUCTS WITHIN THE STATE OF FLORIDA.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States, and almost 90 percent of tobacco users/smokers started before they were 18 years old;and
WHEREAS, each day, more than 4,000 young people try smoking for the first time, and
another 2,000 youths become regular daily smokers; and
WHEREAS, the Surgeon General has concluded that tobacco advertising greatly
contributes to youth smoking rates; and
WHEREAS, an estimated one third of adolescent experimentation with smoking can be
directly attributed to tobacco advertising and promotional activities; and
WHEREAS, the Master Settlement Agreement (MSA) reached in 1998 between
Florida's State Attorney General and major tobacco companies forbids cigarette manufacturers
from directly or indirectly targeting youths in advertising, marketing and promotion of tobacco
products aimed at initiating,maintaining or increasing youth smoking; and
WHEREAS, internal tobacco industry documents strongly suggest that manufacturers
intentionally target youths through the use of candy-like flavors in tobacco products; and
RESOLUTION R2012-32
WHEREAS, research from the Harvard School of Public Health (published November
2005) found that cigarette makers are targeting young smokers with new candy and liqueur-
flavored brands that mask the harsh and toxic properties found in tobacco smoke; and
WIiEREAS, a Florida Youth Tobacco Survey shows that most of the tobacco obtained
by youths is obtained through social sources and not by direct underage purchases by the minors
themselves, therefore indicating that enforcing age restrictions is an inadequate manner in which
to keep these flavored products out of the hands of youths; and
W11EREAS,the Mayor and City Council of the City of North Miami Beach believe that
legislation banning the sale and marketing of flavored tobacco products within the State of
Florida will provide a safe environment in which our youth can grow and prosper free from the
influences of the tobacco industry's marketing tactics and free from addiction to tobacco.
NOW,TBEREFORE,
BE IT RESOLVED by the City Council of the City of North Miami Beach,Florida.
Section 1. The foregoing recitals are true and correct.
Section 2. The Mayor and Council of the City of North Miami Beach, Florida, hereby
urge and encourage the State Legislature to enact legislation that bans the sale and marketing of
s.
flavored tobacco products within the State of Florida.
Section 3. The City Clerk is hereby directed and authorized to send a copy of this
resolution to Governor Rick Scott, and to all State Representatives, State Senators, and the
presiding Officers and Council members of the municipalities in Miami-Dade County.
RESOLUTION 82012-32
APPROVED AND ADOPTED by the City of North Miami Beach City Council at the
regular meeting assembled this 17th day of April,2012.
ATTEST:
AMELA L.LATIMORE
CITY CLERK MAYOR
(CITY SEAL)
APPROVED AS TO FORM:
DARCEE S. SIEGEL
CITY ATTORNEY
SPONSORED BY: Councilwoman Phyllis S. Smith
Mayor and Council
RESOLUTION 82012-32