2014-28689 Reso RESOLUTION NO.' 2014-28689
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO REMOVE THE STATE LAW
PREEMPTION REGARDING SMOKING REGULATIONS TO
PERMIT LOCAL GOVERNMENTS TO PROHIBIT SMOKING ON
THEIR PROPERTIES AND ON BEACHES WITHIN THEIR
JURISDICTION.
WHEREAS, a fundamental purpose of municipal government is to promote, protect, and
improve the health, safety, and general welfare of its residents and visitors; and
WHEREAS, in consideration and advancement of such purpose, the City of Miami
Beach provides recreational and leisure facilities and programs for children and adults
throughout the City and, in particular, in its parks and on its world renowned beaches, that help
to promote good health, wellness, and enhanced quality of life opportunities; and
WHEREAS, according to the National Cancer Institute, tobacco use is the leading cause
of preventable death and illness in the United States and causes an estimated 443,000 deaths
each year from lung cancer, heart disease, respiratory illness, and other diseases related to
tobacco use, including 49,000 deaths due to exposure to secondhand smoke; and
WHEREAS, the United States Environmental Protection Agency has determined
secondhand smoke to be a risk to the public health; and has classified secondhand smoke as a
group A carcinogen that puts our residents and visitors in danger of proven health risks, and
WHEREAS, tobacco use in and around recreational and leisure activities and facilities
sends a contradictory message to young people who are encouraged to participate in
recreational and leisure activities that are beneficial to their health and wellness; and
WHEREAS, improperly discarded cigarette and cigar butts contribute to litter and
pollution in our City, as well as create potential health dangers for our residents, visitors, 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 cannot enact legislation to regulate or prohibit smoking on their properties, except
that a limited exception has been made for school districts which may restrict smoking by
persons on school district property; and
WHEREAS, the ability of the City of Miami Beach to prohibit smoking on its properties
will promote, protect, and improve the health, safety, and general welfare of the City's citizens
and visitors who use the City's parks, beaches, and outdoor recreational and leisure facilities
and programs.
NOW, THEREFORE, DE 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 remove the state law preemption regarding
smoking regulations to permit local governments to prohibit smoking on their properties and on
beaches within their jurisdiction.
PASSED AND ADOPTED this day of , 2014.
ATTEST:
PHILIP LEV E, %OR
FAEL E. GRANA
CITY CLERK
APPROVED AS TO
:IN�'ORP ORATE= FORM & LANGUAGE
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City Attorney late
F:\ATTO\TURN\RESOS\Urging Legislature to Remove Smoking Preemption
MIAMIBEACH
OFFICE OF THE CITY ATTORNEY
RAULJ. AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: CITY ATTORNEY RAUL J. AGUILA
DATE: July 23, 2014
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA URGING THE
FLORIDA LEGISLATURE TO REMOVE THE STATE LAW
PREEMPTION REGARDING SMOKING REGULATIONS TO
PERMIT LOCAL GOVERNMENTS TO PROHIBIT SMOKING ON
THEIR PROPERTIES AND ON BEACHES WITHIN THEIR
JURISDICTION.
Pursuant to the request of Commissioner Michael Grieco, the attached Resolution is
submitted for consideration by the Mayor and City Commission.
RJA/DT/da
F:WTTO\TURN\COMMMEMO\Smoking Preemption Reso
Agenda Item is 7 X
Date 7-a3'/