HomeMy WebLinkAboutReso 2025-3802RESOLUTION NO. 2025 - � 9®2—
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, EXPRESSING SUPPORT FOR FLORIDA SENATE BILL 226, PROHIBITING
SMOKING IN PUBLIC PLACES; DIRECTING THE CITY CLERK TO TRANSMIT COPIES
OF THIS RESOLUTION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida State Senator Joe Gruters has introduced Senate Bill 226 ("SB
226"), which aims to protect public health by prohibiting smoking and vaping in public places,
including parks, beaches, and other common areas; and
WHEREAS, SB 226 revises definitions and expands protections against secondhand smoke
exposure by including marijuana products and vaping devices in its prohibitions; and
WHEREAS, the bill strengthens enforcement by amending existing statutes to ensure
consistency in smoking restrictions across various public venues and workplaces; and
WHEREAS, the City of Sunny Isles Beach (the "City") values the health and well-being of
its residents and visitors and seeks to create a cleaner, safer, and more enjoyable environment
for all; and
WHEREAS, the City Commission finds that SB 226 aligns with its commitment to public
health initiatives, community wellness, and the protection of residents from the harmful effects
of secondhand smoke;
WHEREAS, the City Commission finds that it is in the best interest of its residents to
support SB 226.
NOW, THEREFORE, BE RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Express Support of Senate Bill 226. The City Commission hereby expresses its
support of Senate Bill 226.
Section 2. Direction to the City Clerk. The City Clerk is hereby directed to distribute copies
of this Resolution to the Florida League of Cities, the President of the Florida Senate, the Speaker
of Florida House of Representatives, the Governor of the State of Florida, Florida Senator Joe
Gruters, and Florida Senator Randy Fine.
Section 3. Authorization of the City Manager. The City Manager is hereby authorized to do
all things necessary to effectuate the terms of this Resolution.
Section 4. Effective Date. This Resolution shall become effective upon adoption.
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ATTEST: '
l
PASSED AND ADOPTED this 201h day of February, 2025.
ti
Maurizio Betancj r, CMC, City Clerk
Larisa Svechin, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ain E. Boileau, P.A., for Nabors, Giblin &
Nickerson, City Attorney
Moved by: �/Cle O ( 1A Seconded by:(_�)��/55/I%i��i� l/ SCAe
Vote:
Mayor Svechin
Vice Mayor Lama
Commissioner Joseph
Commissioner Stuyvesant
Commissioner Viscarra
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(No)
,/(Yes)
(Yes)
(No)
7z (Yes)
(No)
(Yes)
(No)
(Yes)
(No)
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Florida Senate - 2025
By Senator Gruters
SB 226
22-00155A-25 2025226
1 A bill to be entitled
2 An act relating to smoking in public places; amending
3 s. 386.202, F.S.; revising legislative intent;
4 amending s. 386.203, F.S.; defining the term "public
5 place"; revising the definition of the terms "smoking"
6 and "vape" or "vaping"; amending s. 386.204, F.S.;
7 prohibiting smoking in public places in this state,
8 with exceptions; providing applicability; amending s.
9 386.205, F.S.; revising requirements for customs
10 smoking rooms to prohibit smoking and vaping of
11 marijuana products at any time; amending s. 561.695,
12 F.S.; conforming a cross-reference; providing an
13 effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 386.202, Florida Statutes, is amended to
18 read:
19 386.202 Legislative intent.—The purpose of this part is to
20 protect people from the health hazards of secondhand tobacco and
21 marijuana smoke and vapor and to implement the Florida health
22 initiative in s. 20, Art. X of the State Constitution. It is the
23 intent of the Legislature to not inhibit, or otherwise obstruct,
24 medical or scientific research, or smoking or vaping cessation
25 programs approved by the Department of Health.
26 Section 2. Present subsections (9) through (17) of section
27 386.203, Florida Statutes, are redesignated as subsections (10)
28 through (18), respectively, a new subsection (9) is added to
29 that section, and present subsections (11) and (13) of that
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30 section are amended, to read:
31 386.203 Definitions.—As used in this part:
32 (9) "Public place" means a place to which the public has
33 access, including, but not limited to, streets; sidewalks;
34 highways; public parks; public beaches; and the common areas,
35 both inside and outside, of schools, hospitals, government
36 buildings, apartment buildings, office buildings, lodging
37 establishments, restaurants, transportation facilities, and
38 retail shops.
39 (12)(x) "Smoking" means inhaling, exhaling, burning,
40 carrying, or possessing any lighted tobacco or marijuana
41 product, including cigarettes, cigars, pipe tobacco, and any
42 other lighted tobacco or marijuana product.
43 (14)'1) "Vape" or "vaping" means to inhale or exhale vapor
44 produced by a vapor -generating electronic device or to possess a
45 vapor -generating electronic device while that device is actively
46 employing an electronic, a chemical, or a mechanical means
47 designed to produce vapor or aerosol from a nicotine or
48 marijuana product or any other substance. The term does not
49 include the mere possession of a vapor -generating electronic
50 device.
51 Section 3. Section 386.204, Florida Statutes, is amended to
52 read:
53 386.204 Prohibition.—A person may not smoke or vape in an
54 enclosed indoor workplace or a public place, except as otherwise
55 provided in s. 386.2045. This prohibition does not apply to the
56 smoking of unfiltered cigars.
57 Section 4. Subsection (6) is added to section 386.205,
58 Florida Statutes, to read:
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SB 226
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59 386.205 Customs smoking rooms.—A customs smoking room may
60 be designated by the person in charge of an airport in -transit
61 lounge under the authority and control of the Bureau of Customs
62 and Border Protection of the United States Department of
63 Homeland Security. A customs smoking room may be designated only
64 in an airport in -transit lounge under the authority and control
65 of the Bureau of Customs and Border Protection of the United
66 States Department of Homeland Security. A customs smoking room
67 may not be designated in an elevator, restroom, or any common
68 area as defined by s. 386.203. Each customs smoking room must
69 conform to the following requirements:
70 (6) Smoking or vaping of marijuana products is prohibited
71 in the room at any time.
72 Section 5. Paragraph (a) of subsection (5) of section
73 561.695, Florida Statutes, is amended to read:
74 561.695 Stand-alone bar enforcement; qualification;
75 penalties. -
76 (5) After the initial designation, to continue to qualify
77 as a stand-alone bar, the licensee must provide to the division
78 annually, on or before the licensee's annual renewal date, an
79 affidavit that certifies, with respect to the preceding 12 -month
80 period, the following:
81 (a) No more than 10 percent of the gross revenue of the
82 business is from the sale of food consumed on the licensed
83 premises as specified dna in s. 386.203(13) s. 386.3( 12).
84
85 The division shall establish by rule the format of the affidavit
86 required by this subsection. A licensed vendor shall not
87 knowingly make a false statement on the affidavit required by
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SB 226
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this subsection. In addition to the penalties provided in
subsection (7), a licensed vendor who knowingly makes a false
statement on the affidavit required by this subsection may be
subject to suspension or revocation of the vendor's alcoholic
beverage license under s. 561.29.
Section 6. This act shall take effect July 1, 2025.
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
FROM: Jerry Joseph, Commissioner
DATE: February 20, 2025
RE: Expressing Support of Florida Senate Bill 226, Prohibiting Smoking in Public
Spaces
RECOMMENDATION:
This Resolution is being presented for your consideration.
REASONS:
This Resolution is in support of Florida Senate Bill 226. This legislation seeks to enhance public health by
expanding the prohibition of smoking and vaping in public places, including parks, beaches, and
common areas. The bill also includes marijuana products under its restrictions, ensuring uniformity in
smoking regulations statewide.
ATTACHMENTS:
Resolution
Senate Bill 226
Item Number: 9.K
285