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RESOLUTION NO. 2012- 7,012. <br /> A RESOLUTION OF THE CITY COMMISSION OF THE <br /> CITY OF SUNNY ISLES BEACH, FLORIDA, URGING THAT <br /> THE FLORIDA LEGISLATURE AMEND THE FLORIDA <br /> CLEAN INDOOR AIR ACT TO EXPRESSLY ALLOW <br /> LOCAL REGULATION OF SMOKING AND THE <br /> POSSESSION OF TOBACCO PRODUCTS IN MUNICIPAL <br /> AND COUNTY PARKS AND RECREATION AREAS; <br /> DIRECTING THE CITY CLERK TO TRANSMIT A COPY <br /> OF THIS RESOLUTION TO MEMBERS OF THE FLORIDA <br /> LEGISLATURE; AUTHORIZING THE CITY MANAGER TO <br /> DO ALL THINGS NECESSARY TO EFFECTUATE THIS <br /> RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. <br /> WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida, has home <br /> rule authority to take any action in furtherance of the interests of the City of Sunny Isles Beach <br /> and its citizens so long as such action is not expressly prohibited by the Constitution or Florida <br /> Statutes; and <br /> WHEREAS, it is an important policy in Florida to promote the health and well-being of <br /> the citizens of the State; and <br /> WHEREAS, this policy is expressed in part through the Florida Clean Indoor Air Act, <br /> Chapter 386, Part II, Florida Statutes; and <br /> WHEREAS, Section 386.209, Florida Statutes, provides that the Florida Clean Indoor <br /> Air Act "expressly preempts regulation of smoking to the State and supercedes any municipal or <br /> county ordinance on the subject"; and <br /> WHEREAS, the City of Sunny Isles Beach believes that it has the right under its home <br /> rule authority to regulate the use of tobacco products in its parks and recreational areas, and the <br /> existing language in Section 386.209, Florida Statutes is unclear as to whether or not a regulation <br /> of the possession or lighting of tobacco products in a city park or recreational area is preempted <br /> to the State; and <br /> WHEREAS, some local governments have considered Section 386.209, Florida Statutes, <br /> as not preempting regulations against possession of tobacco products in parks and recreational <br /> areas and have enacted ordinances prohibiting the same in such areas; and <br /> WHEREAS, the City has proclaimed and adheres to the principle that it is in the interest <br /> of the citizens that parks and recreational areas of the City be free from smoking of tobacco <br /> products so that the citizens are able to enjoy such parks and recreational areas without the <br /> problems associated with secondhand smoke; and <br /> Page 1 of 3 <br />