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2 RESOLUTION NO. _____ _
3
4 A Resolution supporting restoration of local control of smoke-free air laws in
5 the State of Florida, requesting support of members of the Miami-Dade
6 County League of Cities and the Florida League of Cities urging the Florida
7 legislature to repeal the state's preemption of local smoke-free air and other
8 tobacco related laws.
9
10 WHEREAS, numerous studies have found that tobacco smoke is a major contributor to
11 indoor air pollution, and that breathing secondhand smoke is a cause of disease in healthy
12 nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer; and
13 WHEREAS, the World Health Organization has determined that there is no safe level of
14 exposure to secondhand tobacco smoke, and in 2007, declared that there is indisputable evidence
15 that implementing 100% smoke-free environments is the only effective way to protect the
16 population from the harmful effects of exposure to secondhand smoke, a known carcinogen
17 responsible for the early deaths of 53,000 Americans annually; and
18 WHEREAS, in 2010 the U.S. Surgeon General reported for the first time the damage
19 smoking can do at the cellular and organ level and the evidence on the mechanisms by which
20 smoking causes disease indicates that there is no risk-free level of exposure to direct or
21 secondhand tobacco smoke, a toxic air contaminant and outdoor air pollutant; and
22 WHEREAS, children with exposure to secondhand smoke reflect an increased risk of
23 asthma, respiratory infections, sudden infant death syndrome, physical and cognitive
24 developmental abnormalities, cancer; and eventually the risk of coronary heart disease and heart
25 attacks; and
26 WHEREAS, local governments have both the right and the responsibility to adopt laws
27 that protect the health and safety of the children,' adults and the elderly, suffering from
28 cardiovascular disease, future heart attacks, impaired respiratory function, asthmatics and those
29 with; and
30 WHEREAS, more than 3,100 local governments throughout the country have
31 successfully implemented smoke-free air laws to protect people against the harmful effects of
32 secondhand smoke; and
33 WHEREAS, the residents in local communities should have the right to protect
34 themselves against the harmful effects of secondhand smoke; and
35
36 WHEREAS, the tobacco industry has long had as its chief legislative strategy, the
37 preemption oflocal government to regulate tobacco in an effort to negate such local legislation;
38 and
39 WHEREAS, Florida has had a preemptive state law since 1985, which prohibits local
40 government from enacting laws that restrict smoking in any indoor or outdoor settings, such as
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workplaces and public places, or restrict the marketing, advertising, and point of sale of tobacco
products; and
WHEREAS, protecting people from the harmful effects of secondhand smoke is best
accomplished by local communities working directly with the people most affected by smoke-
free air laws; and
WHEREAS, the Florida Legislature should not deprive local government entities of the
Home Rule authority to protect the public from the harmful and life threatening effects of
secondhand smoke; and
WHEREAS, the City of South Miami is a member of the Florida and Miami-Dade
League of Cities.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE MAYOR AND THE
CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1 .The City of South Miami, Florida requests support of the municipalities who
hold memberships in the Miami-Dade County League of Cities and the Florida League of Cities
to repeal the State's preemption oflocal smoke-free air and other tobacco-related laws.
Section 2. The City of South Miami, Florida strongly encourages other local
governmental entities throughout the state to adopt similar resolutions and, seek the restoration
of the right of local governments to enact and enforce smoke-free air and other tobacco-related
laws under F.S. 386.209.
Section 3. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance.
Section 4. Effective Date. This resolution shall become effective upon adoption.
PASSED AND ADOPTED this __ day of ,2012.
ATTEST: APPROVED:
CITY CLERK MA YOR
READ AND APPROVED AS TO FORM, COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
CITY ATTORNEY Commissioner Welsh:
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