HomeMy WebLinkAboutReso 2012-2012 RESOLUTION NO. 2012- 7,012.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, URGING THAT
THE FLORIDA LEGISLATURE AMEND THE FLORIDA
CLEAN INDOOR AIR ACT TO EXPRESSLY ALLOW
LOCAL REGULATION OF SMOKING AND THE
POSSESSION OF TOBACCO PRODUCTS IN MUNICIPAL
AND COUNTY PARKS AND RECREATION AREAS;
DIRECTING THE CITY CLERK TO TRANSMIT A COPY
OF THIS RESOLUTION TO MEMBERS OF THE FLORIDA
LEGISLATURE; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO EFFECTUATE THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Sunny Isles Beach, Florida, has home
rule authority to take any action in furtherance of the interests of the City of Sunny Isles Beach
and its citizens so long as such action is not expressly prohibited by the Constitution or Florida
Statutes; and
WHEREAS, it is an important policy in Florida to promote the health and well-being of
the citizens of the State; and
WHEREAS, this policy is expressed in part through the Florida Clean Indoor Air Act,
Chapter 386, Part II, Florida Statutes; and
WHEREAS, Section 386.209, Florida Statutes, provides that the Florida Clean Indoor
Air Act "expressly preempts regulation of smoking to the State and supercedes any municipal or
county ordinance on the subject"; and
WHEREAS, the City of Sunny Isles Beach believes that it has the right under its home
rule authority to regulate the use of tobacco products in its parks and recreational areas, and the
existing language in Section 386.209, Florida Statutes is unclear as to whether or not a regulation
of the possession or lighting of tobacco products in a city park or recreational area is preempted
to the State; and
WHEREAS, some local governments have considered Section 386.209, Florida Statutes,
as not preempting regulations against possession of tobacco products in parks and recreational
areas and have enacted ordinances prohibiting the same in such areas; and
WHEREAS, the City has proclaimed and adheres to the principle that it is in the interest
of the citizens that parks and recreational areas of the City be free from smoking of tobacco
products so that the citizens are able to enjoy such parks and recreational areas without the
problems associated with secondhand smoke; and
Page 1 of 3
WHEREAS, some jurisdictions may feel constrained in their ability to enact local
regulations in the interest of their residents' health and safety because of the existing language in
Section 386.209.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORID,AS FOLLOWS:
Section 1. Urging of the State Legislature. The City strongly urges the Florida Legislature to
amend Section 386.209, Florida Statutes, or to enact such other amendments in Florida law that
will expressly provide that municipalities and counties have the local authority to enact
regulations concerning the use, possession, lighting or smoking of tobacco products in parks and
recreational areas.
Section 2. Directive to the City Clerk. The City Commission hereby directs the City Clerk to
transmit a certified copy of this Resolution to Senator Gwen Margolis and Representative Joseph
Gibbons.
Section 3. Authority of the City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution shall become effectively immediately upon its
passage and adoption.
PASSED AND ADOPTED this 20 day of December 2012.
7111N /Z
orman S. Edelcup, Mayor
ATTEST:
(zzAttiLt C
Jane A. Hines, City Clerk, CMC
APPROVED AS TO FORM
AND LEG U FICIENCY:
1= s • it, Cir Attorney
Moved by:
Seconded by: Vj LQ Matjsor
Page 2 of 3
Vote: 1-1--0' 1
Mayor Edelcup V' Yes) (No)
Vice Mayor Aelion ✓ (Yes) (No)
Commissioner Gatto ✓'Yes) (No)
Commissioner Levin V (Yes) (No)
Commissioner Scholl SA —` (Yes) (No)
Page 3 of 3
1/4,410,,!h. City of Sunny Isles Beach
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i fl+ Sunny Isles Beach,Florida 33160
1, °'j•---- • S°* (305)947-0606 City Hall
°`rr of,. suK ��'° (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Commissioner Jeanette Gatto
DATE: 12/20/2012
RE: Urging that the Florida Legislature Amend the Florida Clean Indoor Air
Act
RECOMMENDATION:
The attached Resolution is recommended for approval.
REASONS:
The City believes that it has the right under its Home Rule authority to regulate the use of
tobacco products in its parks and recreational areas, and the existing language in Section
386.209, Floirda Statutes, prohibits the City from regulating tobacco products in a city
park or recreational area.
It is in the interest of the citizens that parks and recreational areas of the City be free from
smoking tobacco products so that the citizens are able to enjoy such parks and
recreational areas without the problems associated with secondhand smoke and it is an
important policy in Florida to promote the health and well-being of the citizens of the
State.
ATTACHMENTS:
• Resolution
Agenda Item 1 fl I V
Date 1 P2-_Z0—1 'Z,