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 -.
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FORM & LANGUAGE
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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
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