Resolution 2021-31641 RESOLUTION NO. 2021-31641
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO ENACT LEGISLATION TO
PROHIBIT THE SMOKING OF TOBACCO AND VAPING ON
PUBLIC BEACHES AND PUBLIC PARKS, AND PROVIDE
COUNTIES AND MUNICIPALITIES WITH THE AUTHORITY
TO ISSUE CIVIL PENALTIES AND CITATIONS FOR
VIOLATIONS THEREOF; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE
SPEAKER OF THE FLORIDA HOUSE OF
REPRESENTATIVES, AND THE PRESIDENT OF THE
FLORIDA SENATE.
WHEREAS, according to United States Center for Disease Control, the
combination of smoke from the burning of tobacco products and the smoked exhaled from
the smoker, referred to as secondhand smoke, exposes nonsmokers to thousands of
chemicals, hundreds of which are toxic and known to cause cancer; and
WHEREAS, as of 2018, nearly 14 of every 100 (14.0%) US adults aged 18 years
or older currently smoke cigarettes; and
WHEREAS, cigarette smoking causes more than 480,000 deaths each year in the
United States; and
WHEREAS, there is no risk-free level of secondhand smoke exposure; even brief
exposure can be harmful to health; and
WHEREAS, approximately 2.5 million nonsmokers have died from health-related
illnesses caused by exposure to secondhand smoke since 1964; and
WHEREAS, prohibiting tobacco products that cause harmful smoke prevents
potential exposure to toxic and cancerous chemicals; and
WHEREAS, according to the Ocean Conservancy, cigarette butts are the most
common waste item collected from beach cleanups; and
WHEREAS, in January 2018, the National Academies of Science, Engineering and
Medicine released a consensus study report concluding that using e-cigarettes causes
health risks, as e-cigarettes both contain and emit a number of potentially toxic
substances including acetaldehyde, acrolein, and formaldehyde, which were proved to
cause lung disease, as well as cardiovascular(heart) disease; and
WHEREAS, a study from the University of North Carolina found that the two
primary ingredients found in e-cigarettes— propylene glycol and vegetable glycerin — are
toxic to cells and that the more ingredients in an e-liquid, the greater the toxicity; and
WHEREAS, E-cigarettes also contain acrolein, a herbicide primarily used to kill
weeds, which can cause acute lung injury and COPD and may cause asthma and lung
cancer; and; and
WHEREAS, both the U.S. Surgeon General and the National Academies of
Science, Engineering and Medicine have warned about the risks of inhaling secondhand
e-cigarette emissions, which are created when an e-cigarette user exhales the chemical
cocktail created by e-cigarettes; and
WHEREAS, the City, its residents, and tourists would benefit from legislation that
prohibits the smoking of tobacco and vaping on public beaches and public parks within
its jurisdiction.
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 enact legislation to prohibit the
smoking of tobacco and vaping on public beaches and public parks, and provide counties
and municipalities with the authority to issue civil penalties and citations for violations
thereof; and direct the City Clerk to transmit a copy of this Resolution to the Speaker of
the Florida House of Representatives, and the President of the Florida Senate.
PASSED AND ADOPTED this 17 day of 141-rrr,i' 2021.
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Rafael E. •anado, Ci y D
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(Sponsored by Vice-Mayor Michael Gongora)
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Resolutions-C7 AB
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Rafael A. Paz,Acting City Attorney
DATE: March 17, 2021
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
ENACT LEGISLATION TO PROHIBIT THE SMOKING OF TOBACCO AND
VAPING ON PUBLIC BEACHES AND PUBLIC PARKS, AND PROVIDE
COUNTIES AND MUNICIPALITIES WITH THE AUTHORITY TO ISSUE
CIVIL PENALTIES AND CITATIONS FOR VIOLATIONS THEREOF; AND
DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION
TO THE SPEAKER OF THE FLORIDA HOUSE OF REPRESENTATIVES,
AND THE PRESIDENT OF THE FLORIDA SENATE.
ANALYSIS
Pursuant to the request of Vice-Mayor Michael Gongora, the attached Resolution is submitted
for consideration by the City Commission.
SUPPORTING SURVEY DATA
N/A
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Vice-Mayor Michael Gongora
ATTACHMENTS:
Description
o Resolution
Page 493 of 2284
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-7411
March 17, 2021
Senate President Wilton Simpson
409 The Capitol
404 S. Monroe Street
Tallahassee, FL 32399
Dear Senate President Simpson,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31641:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION TO PROHIBIT THE SMOKING OF TOBACCO AND VAPING ON
PUBLIC BEACHES AND PUBLIC PARKS, AND PROVIDE COUNTIES AND
MUNICIPALITIES WITH THE AUTHORITY TO ISSUE CIVIL PENALTIES AND
CITATIONS FOR VIOLATIONS THEREOF; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF
THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Michael GOngora)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on March 17, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Vice-Mayor Michael Gongora
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
Office of the City Clerk
Tel:305-673-741 1
March 17, 2021
Speaker of the House Chris Sprowls
420 The Capitol
402 South Monroe Street
Tallahassee, FL 32399
Dear Speaker of the House Sprowls,
Attached please find a copy of City of Miami Beach Resolution No. 2021-31641:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO ENACT
LEGISLATION TO PROHIBIT THE SMOKING OF TOBACCO AND VAPING ON
PUBLIC BEACHES AND PUBLIC PARKS, AND PROVIDE COUNTIES AND
MUNICIPALITIES WITH THE AUTHORITY TO ISSUE CIVIL PENALTIES AND
CITATIONS FOR VIOLATIONS THEREOF; AND DIRECTING THE CITY
CLERK TO SEND A COPY OF THIS RESOLUTION TO THE SPEAKER OF
THE FLORIDA HOUSE OF REPRESENTATIVES, AND THE PRESIDENT OF
THE FLORIDA SENATE.
(Sponsored by Vice-Mayor Michael Gongora)
This Resolution was passed and adopted by the Mayor and City Commission of the City of Miami
Beach on March 17, 2021.
Respectfully,
Rafael E. Granado
City Clerk
c: Vice-Mayor Michael Gongora