HomeMy WebLinkAboutReso 2012-1855
RESOLUTION NO. 2012- l eS5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO AMEND THE FLORIDA CLEAN INDOOR
AIR ACT TO BAN SMOKING IN OUTDOOR COMMON AREAS
OF A CONDOMINIUM EXCEPT IN AREAS SPECIFICALLY
DESIGNATED FOR SMOKING; DIRECTING THE CITY CLERK
TO TRANSMIT A COPY OF THIS RESOLUTION TO THE
PRESIDING OFFICER OF THE FLORIDA HOUSE OF
REPRESENTATIVES AND FLORIDA SENATE, SENATOR
GWEN MARGOLIS, REPRESENTATIVE RICHARD
STEINBERG, FLORIDA LEAGUE OF CITIES, AND MIAMI-
DADE LEAGUE OF CITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City recognizes the dangers of second-hand smoke and the various
health problems associated with it; and
WHEREAS, the Florida Clean Indoor Air Act already prohibits smoking within certain
indoor common areas but does not explicitly ban smoking in all outdoor common areas; and
WHEREAS, the presence of second-hand smoke in outdoor common areas unwillingly
exposes nonsmoking unit owners to the dangers associated with secondhand smoke they would
not otherwise be exposed to; and
WHEREAS, nonsmoking unit owners are unable to enjoy outdoor common areas so long
as smoking is unrestricted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Urging the Florida Legislature to amend Florida's Clean Indoor Air Act. The City
Commission hereby urges the Florida Legislature to amend the Clean Indoor Air Act to ban
smoking in multi-family buildings outdoor common areas including but not limited to patios and
balconies, of a condominium except in areas specifically designated for smoking. For the purpose
of this Resolution, the term common areas include "exclusive control common areas" like
balconies and patios.
Section 2. Direction to City Clerk. The City Commission hereby directs the City Clerk to
transmit a copy of this resolution to the Presiding Officer of the Florida House of Representatives
and Florida Senate, Senator Gwen Margolis, Representative Richard Steinberg, Florida League of
Cities, Miami-Dade League of Cities, and Ron Book.
Amend The Clean Air Act
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Section 3. Authorization of 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.
PASSED AND ADOPTED this lie. --4-.. day of February 2012.
ATTEST:
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APPROVED AS TO FORM
AND A S FFICIENCY:
Moved by: \k... M~ Wl'\l.~i(
Seconded by: llrv'\~s..Sl~-.J<c..R.. ~Li ();\)
Vote: 5-1)
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
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_(No)
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Amend The Clean Air Act
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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:
The Honorable Mayor and City Commission
FROM:
Commissioner Jeanette Gatto
DATE:
2/1612012
RE:
Resolution Urging an Amendment to Florida's Clean Indoor Air Act
RECOMMENDATION:
The Resolution is presented for your consideration.
REASONS:
The dangers of breathing in second-hand smoke are clearly known. In fact, Florida's
voters overwhelmingly approved a state constitutional amendment that called for
reinstating of, tobacco education and use prevention programs. This program is a
comprehensive effort to reduce tobacco use in the State of Florida. Moreover, medical
reports have indicated that second-hand smoke may cause serious medical problems for
non-smokers. The dangers of second-hand smoke are magnified within a condominium
due to inherent shared common areas as well as the lack of outdoor areas.
Presently, Florida's Clean Indoor Air Act expressly prohibits smoking in most indoor
locations. These include hallways, elevators, lobbies, aisles, restrooms, stairwells, and
conference rooms in condominiums. However, the Act does not apply to outdoor
common areas such as parking lots, swimming pool areas, playgrounds, balconies and
patios. This has led to certain outdoor common areas becoming so thick with smoke that
nonsmoking residents cannot enjoy these outdoor spaces without breathing in the
dangerous and carcinogenic particles. Additionally, individual condominiums become
vulnerable to second-hand smoke, which travels through ventilation systems and from
balconies of smokers in adjacent apartments. This Resolution before the Commission will
urge and advocate for the Florida Legislature to amend the Clean Indoor Air Act to
prohibit smoking in all outdoor common areas including but not limited to patios and
balconies.
http://sibagenda.sibfl.net/agenda/Preview.aspx?ltemID=711 &MeetingID=O&MeetingDate=... 2/9/2012
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ATTACHMENTS:
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Resolution
http://sibagenda.sibfl.net/ agenda/Preview. aspx?l temID=711 &MeetingID=O&MeetingDate=... 2/9/2012