Resolution No. 2021-17 Urging Approval of SB 334 or HB 239 to Amend FL Clean Indoor Air Act - March 2, 2021 RESOLUTION NO. 2021-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
APPROVE FLORIDA SENATE BILL 334 OR FLORIDA HOUSE BILL 239,
BOTH OF WHICH AMEND THE FLORIDA CLEAN INDOOR AIR ACT TO
ALLOW COUNTIES AND MUNICIPALITIES TO FURTHER RESTRICT
SMOKING AT PUBLIC BEACHES AND PARKS; PROVIDING FOR
TRANSMITTAL; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Center for Disease Control (CDC) reports that
exposure to first-hand smoke from the consumption of tobacco products and second-
hand smoke from smoke exhaled by tobacco users is known to cause cancer due to the
dangerous toxins found in smoke; and
WHEREAS, approximately 480,000 smokers die every year in the U.S., and nearly
2.5 million nonsmokers have died from health-related illnesses caused by second hand
smoke exposure since 1964; and
WHEREAS, during the current COVID-19 pandemic, both the World Health
Organization and the Florida Department of Health's Bureau of Tobacco Free Florida
especially advise against the use of and exposure to tobacco products because the
damage tobacco products cause to the respiratory system can increase the severity and
risk of death posed by COVID-19; and
WHEREAS, according to the Ocean Conservancy, leftover tobacco product waste
is among the most common waste item collected in beach cleanups; and
WHEREAS, currently, the Florida Clean Indoor Air Act ("FCIAA") preempts
counties and municipalities from restricting smoking at public beaches and parks; and
City of Aventura Resolution No. 202147
WHEREAS, on December 18, 2020, Florida State Senators Joe Gruters, Travis
Hutson, Keith Perry, and Gayle Harrell co-introduced Florida Senate Bill 334 ("SB 334"),
which amends the FCIAA to allow counties and municipalities to further restrict smoking
at public beaches and parks; and
WHEREAS, on January 13, 2021 , Florida House Representative Thad Altman and
Joy Goff-Marcil co-introduced House Bill 239 ("HB 239"), providing for similar
authorization to counties and municipalities to restrict smoking in public beaches and
parks; and
WHEREAS, the City of Aventura ("City") is committed to protecting and promoting
the health of its citizens from the harmful effects posed by exposure to first-hand and
second-hand smoke; and
WHEREAS, the City is interested in exploring ways to protect the health of
residents and visitors visiting the City's parks from the harmful effects of second-hand
smoke; and
WHEREAS, as such, the City desires to express its support for the passage of SB
334 or HB 239 and urges the Florida Legislature to adopt either SB 334 or HB 239.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals. The foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and are made a specific part of this Resolution.
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City of Aventura Resolution No. 202147
Section 2. Urging the Florida Legislature to Pass SB 334 and HB 239. The
City Commission respectfully urges the Florida Legislature to adopt SB 334 or HB 239 to
amend the FCIAA to allow municipalities to restrict smoking in public beaches and parks.
Section 3. Transmittal. The City Commission hereby directs the City Clerk to
transmit a copy of this Resolution to Florida Governor Ron DeSantis, the Florida Senate
President Wilton Simpson, the Speaker of the Florida House of Representatives Chris
Sprowls, State Representative Joseph Geller, State Senator Jason Pizzo, the County
Legislative Delegation, County Commissioner Sally Heyman, and all municipalities in the
County.
Section 4. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by Vice Mayor Shelley, who moved its
adoption. The motion was seconded by Commissioner Friedland, and upon being put to
a vote, the vote was as follows:
Commissioner Jonathan Evans Yes
Commissioner Rachel S. Friedland Yes
Commissioner Denise Landman Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
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City of Aventura Resolution No. 202147
PASSED AND ADOPTED this 2nd day of March, 2021 .
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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