01-27-1997 Workshop Meeting
rJ{T CI'I)J 01'
'EXCELL'ENCE
~\\'~
City Council
,Workshop Meeting
January 27,1997
9:00 AM
Executive Conference Room
City of Aventura City Council Workshop Meeting
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
AQenda
Country Club Drive Safety Improvement Study
Planning Advisory Board Appointments
Street Light Fixtures & Bus Bench Design
Lobbying Activities Ordinance
Park Funding and Schedule
Sunny Isles Incorporation Issues
Status Report - Billboards
Library Landscaping & Signage
County Priority Issues
Other Business! Reports! Council Meeting Agenda
Questions
Next workshop meeting - February 12,1997 at 9:00 AM
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
DATE: January 24,1997
TO: City Council
SUBJECT: Country Club Drive - Pedestrian Circulation Study
As requested at the January 6, 1997 Workshop Meeting, the City Engineers have
prepared the attached report which prioritizes the items set forth in recommendations
for the Country Club Drive Pedestrian Circulation Study.
Once it is determined what improvements will be required, they will be programmed as
part of the five-year Capital Improvement Program.
However, it is recommended that the City Council consider repair on resurfacing the
pedestrian walkway within the next 60 days.
This matter will be discussed at the January 27, 1997 Workshop Meeting.
Attachment
EMS/aca
CC0210-97
-Pek..
-
-
..~ I~. S ~ KEITH and SCHNARS, P.A.
ENGINEERS-PLANNERS-SURVEYORS
MEMORANDUM
TO: Bob Sherman
FROM: Andre Groenho~
DATE: January 14, 1997
SUBJECT: Pedestrian Circulation Study
Our Project No.: 15414.09.09001
As requested at the January 6, 1997 workshop meeting, I have prioritized the items set forth in
Section vn Summary of RecoITIIrendations, Page 12 of the December 12, 1996 report. Please note
that I have added item 6 which recommends that the City approach the Florida Department of
Transportation (FDOT) to build an additional crosswalk at N.E. 192 Street and West Country Club
Drive with pedestrian signal heads. The items below have been prioritized based on a) protection
from liability, b) improvement of safety and c) general pedestrian enhancements.
Priority
Improvements
1.
Upgrade existing pedestrian crosswalk at Turnberry Isle Club and Resort as depicted
on Figure II.
Estimated cost .......................................... $2,500.00
::::
2.
Add pedestrian signal heads at the intersection of North Country Club Drive and N.E.
34 A venue.
Estimated cost .................................. $20,000. 50,000.00
3.
Provide improved signing and pedestrian push button crossings for the south
intersection approach and walkway crossing at North Country Club Drive and N.E.
34 A venue as depicted on Figure 13A.
Estimated cost .......................................... $3,000.00
4.
Correct eastbound signal indication and add pedestrian signal heads and pedestrian
push buttons at the intersection of West Country Club Drive and Aventura Boulevard.
Estimated cost .................................. $20,000. 50,000.00
5.
Where sidewalk is not relocated, provide clear sight triangles at sidewalk and
walkway intersections by clearing/trimming landscaping and/or relocating signs and
columns.
Estimated cost .......................... (highly variable by location)
6500 North Andrews Avenue' Ft. Lauderdale, Florida 33309-2132
(954) 776-1616' (800) 488-1255' Fax (954) nl-7690
Bob Shennan Memorandum
Pedestrian Circulation Study
January 14, 1997 - Page 2
6.
Request that mOT install a crosswalk at the Lehman Causeway across West Country
Club Drive up to the future sidewalk
Estimated cost .............................................. N/A
7.
Realign walkway and sidewalk approaches at both sides to each major driveway such
as depicted on Figure II. There are in excess of thirty (30) locations.
Estimated cost for each approach ........................... $2,000.00
8.
Provide sidewalk connection to the seven (7) bus stops along Country Club Drive.
Estimated cost for each sidewalk connection ................... $200.00
9.
Repair and/or resurface pedestrian walkway for its entire 12,500 foot length.
Estimated cost for overlaying entire 12,500' walkway .......... $48,000.00
Estimated cost for repair of cracked surfaces only ............ $18,000.00
10.
Provide lighting along the walkway's approximate 12,500 ft. length.
Estimated cost ........................................ $170,000.00
?"
11.
Provide five (5) additional crosswalks across Country Club Drive at the general
locations detailed on Figure 8 and as designed (typical) on Figure 9A.
Estimated cost for each crosswalk ....... . . . . . . . . . . . . . . . . . . . $4,000.00
12.
Improve catch basin swales at both north comers of the intersection of North Country
Club Drive with NE 34 Avenue that are within general sidewalk area.
Estimated cost .......................................... $5,000.00
13.
Add sidewalk extension within southwest comer of West Country Club Drive and
Aventura Boulevard (see Figure 12).
Estimated cost .......................................... $1,000.00
14.
Develop and install a signing plan to separate pedestrian and rollerbladers on the
walkway such as depicted on Figure 13B; sign R9-7, and spaced every 600 feet.
Estimated cost ......................................... $10,000.00
:ICeS' KEITH and SCHNARS, P.A.
': ~:: FNGINEEAS~PLANNEAS-SUAVEVOAS
Bob Sherman Memorandum
Pedestrian Circulation Study
January 14, 1997 - Page 3
15.
Consider design enhancement of pedestrian crosswalk/plaza as part of the City
landscape program as depicted in one example on Figure 9 and Figure 10.
Estimated cost ...................... (highly variable based on design)
The highest priority should be given to the first six (6) items. If you have any questions, please call.
~
=I(-S= KEITH and SCHNARS, P.A.
': lli:, FNGINEERS~PLANNERS.SURVEYORS
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: January 24,1997
TO:
FROM: Eric M. Soroka, City
SUBJECT: Recommendations for Members of the Planning Advisory Board
The following individuals have been recommended by City Councilmembers for
appointment to the Planning Advisory Board:
Roy Cohen
Bill Landa
Margaret Reeves
Leonard Brenner
Jan Brooks
Marian Nesbitt
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Councilmember Ken Cohen
VM Arthur Berger
Councilmember Jay R. Beskin
If you have any questions, please feel free to contact me.
EMS/aca
CC0209-97
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
DATE:
City Council ~
Eric M. Soroka, City trg r
January 24, 1997
FROM:
SUBJECT:
Proposed Street Light Fixtures and Bus Benches
Attached please find color photos of the proposed design for street light fixtures and
bus benches as proposed by the landscape architect. The design will be utilized as
part of the City's overall beautification program.
The bus benches cost approximately $1,000 each and the street lighting is $7,500
each. As part of the budget and Council policy, I plan to use the new bench design to
replace existing benches with advertising in all areas of the City except Biscayne
Boulevard (approximately 33 locations).
EMS/aca
Attachment
CC0211-97
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE: January 14,1997
SUBJECT: Ordinance Enacting Regulations Governing Lobbying Activities
in the City
1st Reading January 21,1997 City Council Meeting Agenda Item U
2nd Reading February 4,1997 City Council Meeting Agenda Item_
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance that establishes
regulations governing lobbying activities in the City. The Ordinance replaces Section
2-11.1 of the Dade County Code. The regulation of lobbyists will assist in promoting
and maintaining the integrity of the City government.
BACKGROUND
The Dade County Code, which is attached, contains regulations goveming lobbying
activities that are cumbersome from an implementation standpoint. The attached
Ordinance was prepared to meet the needs of the City of Aventura. Simply stated, the
Ordinance requires all lobbyists, as defined in the Ordinance, to register with the City
Clerk and disclose annual expenditures.
If you have any questions, please feel free to contact me.
EMS/aca
CC0200-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
REPEALING SECTION 2-11.1(s) OF THE METROPOLITAN
DADE COUNTY CODE; ENACTING REGULATIONS
GOVERNING LOBBYING ACTIVITIES IN THE CITY; PROVIDING
DEFINITIONS; REQUIRING REGISTRATION OF LOBBYISTS;
PROVIDING FOR REGISTRATION FORMS; REQUIRING FILING
AND DISCLOSURE OF ANNUAL EXPENDITURES;
PRESCRIBING PENALTIES FOR VIOLATION; PROVIDING A
LOBBYIST REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to require lobbyists to register with the City
and to disclose publicly their lobbying activities within the City; and
WHEREAS, numerous municipalities throughout the State have recently enacted
lobbyist registration and disclosure regulations; and
WHEREAS, the City Council finds that such regulation of lobbyists will assist in
promoting and maintaining the integrity of municipal govemment; and
WHEREAS, the City Council finds that such regulation of lobbyists will protect
and serve the best interests of the citizens of Aventura;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Definitions. For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall include future
tense, words in the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall" is always mandatory
and not merely directory.
Ordinance No. 97-_
Page 2
(A) "Agency" means the City of Aventura, including all elected and appointed
officials, employees and persons acting on behalf of the Agency.
(B) "Lobbyist" means any person who, for compensation, seeks to influence
the governmental decision making of the Agency or seeks to encourage the passage,
defeat or modification of any ordinance, resolution, contract, bid award, proposal,
recommendation, action or decision of the Agency.
(C) Lobbyist does not mean:
i. a City employee when acting in his official capacity;
ii. any person who appears before the City Council, City Board or
committee, or the City Manager or staff in an individual capacity for the
purpose of self-representation or for the representation of others
without compensation or reimbursement to express support of or in
opposition to any ordinance, resolution, decision or action of the City
Council; or any resolution, action, recommendation or decision of any
City Board, agency or committee, or any action, decision or
recommendation of the City Manager.
(0) "Person" includes individuals, firms, associations, joint ventures, general
and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations, and all other groups or combinations.
Ordinance No. 97-_
Page 3
Section 2. Reaistration of Lobbvist. Commencing fifteen (15) days after the
effective date of this Ordinance and continuing thereafter, all Lobbyists shall, before
engaging in any lobbying activities, register with the City Clerk.
Section 3. Reaistration Forms. Every Person required to register as a Lobbyist
shall do so on forms prepared by the City Clerk and shall state under oath his or her
name, business address, the name and business address of each Person which has
employed said registrant to lobby and the specific issue on which he or she has been
employed to lobby. Separate registrations shall be required for each specific issue and
for each employer.
Section 4. Filina and Disclosure of Annual Exoenditures. Commencing on
March 1, 1997, and on January 1 of each year thereafter, all Lobbyists registered
pursuant to this Ordinance shall submit to the City Clerk a signed statement under oath
listing all lobbying expenditures for the preceding calendar year. A statement shall be
filed even if there have been no expenditures during the reporting period. Annual
statements shall be required until such time as the Lobbyist files a notice of withdrawal
of lobbying activities with the City Clerk.
Section 5. Penalties for Violation: Cumulative in Nature.
A. Whenever a violation of this Ordinance exists, the City Council may publicly
reprimand, censure, and/or prohibit such Lobbyist from lobbying before the Agency for
a period of up to but not to exceed two (2) years.
Ordinance No. 97-_
Page 4
B. The penalties provided herein are cumulative in nature. Nothing
contained in this Ordinance shall prevent the Agency from pursuing any other remedies
available to the Agency under the Agency's Code and/or Florida law for the
enforcement of its ordinances.
Section 6. Public Records. All registration forms and annual disclosure
statements required by this Ordinance shall be public records subject to inspection and
examination as provided for in section 119.07 of the Florida Statutes.
Section 7. Lobbvist Reaistration Fee. An annual Lobbyist Registration Fee in
the amount of $100 for each Lobbyist shall be paid to the City Clerk at the time the
Lobbyist files a registration form. This fee is necessary to cover the administrative
expenditures required by this Ordinance.
Section 8. Severabilitv. The sections, paragraphs, sentences, clauses, and
phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or is otherwise
held invalid by a court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of
this Ordinance.
Section 9. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be
Ordinance No. 97-_
Page 5
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "section" or other appropriate word.
Section 10. Repeal. The provisions of Section 2-11.1(s) of the Metropolitan
Dade County Code concerning the same subject matter as this Ordinance are hereby
repealed.
Section 11. Effective Date. This Ordinance shall be effective immediately upon
passage by the City Council on second reading.
The
foregoing
Ordinance
was
offered
by
Council member
, who moved its adoption on first reading. This motion
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Council member Ken Cohen
Council member Harry Holzberg
Council member Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The
foregoing
Ordinance
was
offered
by
Council member
, who moved its adoption on second reading. This motion
was seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Council member Jay R. Beskin
Council member Ken Cohen
Councilmember Harry Holzberg
Ordinance No. 97-_
Page 6
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of January, 1997.
PASSED AND ADOPTED on second reading this _ day of February. 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ems/tms
~ 2-11.1
DADE COUNTY CODE
section shall not prohibit any official, officer, em-
ployee or person from taking official action (1) to
promote tourism or downtown development or re-
development within the County or any portion
thereof, or (2) to authorize the expenditure of public
funds for promoting tourism or downtown devel-
opment or redevelopment, so long as no such au-
thorized public funds are to be paid to such person
or a member of his immediately family or any
business in which he or any member of his imme-
diate family has a imancial interest. (Ord. No.
72-82, ~ I, 11-21-72; Ord. No. 73-50, ~ 1, 5-15-73;
Ord. No. 75-76, !iI, 9-17-75; Ord. No. 77-13, !i4,
3-1-77)
(0) Acquiring financial interests. No person in-
cluded in the terms defined in subsections (b)(I)
through '(6) shall acquire a imancial interest in.a
project, business.entity or property at a time when
he believes or has reason to believe that the said
imancial interest will be directly affected by his
official actions or by official actions by the County
or County agency of which he is an official, officer
or employee. (Ord. No. 72-82, ~ I, 11.21-72; Ord.
No. 77.13, ~ 4, 3-1-77)
(p) Recommending professional services. No
person included in the terms defined in subsec-
tions (b}(I) through (6) may recommend the ser-
vices of any lawyer or law firm, architect or ar-
chitectural firm, public relations flrm, or any other
person or firm, professional or otherwise, to assist
in any transaction involving the County or any of
its agencies, provided that such recommendation
may properly be made when required to be made
by the duties of office and in advance at a public
meeting attended by other County officials, of-
fleers or employees. (Ord. No. 72-82, !il; 11-21-72;
Ord. No. 77-13, !i 4, 3-1-77)
(q) Continuing application for two (2) years after
County service. No person included in the terms
defined in subsection (b}(I), (5) and (6) [commis-
sioners, departmental personnel and employees]
shall, for a period of two (2) years after his County
service or employment has ceased, act as agent or
Attorney for anyone other than Dade County in
connection with any judicial or other proceeding,
application, request for ruling or other determi-
nation, contract, claim, controversy, charge, accu-
sation, arrest or other particular matter in which
Dade County or one (1) of its agencies is a party or
has a direct and substantial interest, and in which
he participated personally and substantially as
an official, officer or employee, through decision,
approval, disapproval, recommendation, the ren-
dering of advice, investigation, or otherwise, while
so employed in County service. (Ord. No. 72-82, !i
1, 11-21-72; Ord. No. 77-13, ~ 4, 3-1-77)
(r) County Attorney to render opinions on re-
quest. Whenever any person included in the terms
defined in subsection (b)(I) through (6) and sub-
section (b)(9) is in doubt as to the proper interpre-
tation or application of this conflict of interest
and Code of Ethics Ordinance as to himself, or when-
ever any person who renders services to the
County is in doubt as to the applicability of the
said ordinance as to himself, he may submit to the
'County Attorney a fuTI written statement of the
facts and questions he has. The County Attorney
shall then render an opinion to such person and
shall publish these opinions without use of the
name of the' person advised unless such person
requests the use of his name. (Ord. No. 73-26, ~ 1,
3-20-73; Ord. No. 77-13, ~ 4, 3-1-77)
(s) Lobbying.
(I) As used in this section, "County personnel"
means those County officers and employees
specified in Section 2-11.1(i)(2) of the Dade
County Conflict of Interest and Code of
Ethics Ordinance.
"Lobbyist" means all persons, firms, or cor-
porations employed or retained by a prin-
cipal who seeks to encourage the passage,
defeat, or modifications of (1) ordiiIance, res-
olution, action or decision of the County
Commission; (2) any action, decision, ree.
ommendation of any County board or com-
mittee; or (3) any action, decision or recom-
mendation of County personnel during the
time period of the entire decision-making
process on such action, decision or recom-
mendation which foreseeably will be heard
or reviewed by the County Commission, or
a County board or committee. "Lobbyist"
specifically includes the principal, as de-
scribed above, as well-as any agent, officer
or employee of a principal, regardless of
whether such lobbying activities fall within
270
ADMINISTRATION
the normal scope of employment of such
agent, officer or employee.
(2) All lobbyists shall, before engaging in any
lobbying activities, register with the Clerk
of the Board of County Commissioners. Ev-
ery person required to so register shall (a)
register on forms prepared by the Clerk, (b)
pay a registration fee of twenty-five dollars
($25.00) and (c) state under oath his or her
name, business address, the name and busi-
ness address of each person or entity which
has employed said registrant to lobby, and
the specific issue on which he or she has
been employed to lobby. If the lobbyist rep-
resents a corporation, partnership or trust,
the chief officer, partner or beneficiary shall
also be identified. Without limiting the fore-
going, the lobbyist shall also identify all per-
sons holding, directly or indirectly, a five
(5) percent or more ownership interest in
such corporation, partnership, or trust. Sep-
arate registration shall be required for each
specific issue. Such issue shall be described
with as much detail as is practical, includ-
ing but not limited to a specific description
(where applicable) of a pending request for
a proposal, invitation to bid, public hearing
number, etc. The Clerk of the Board ofCoun-
ty Commissioners shall reject any registra-
tion statement which does not provide a de-
scription of the specific issue on which such
lobbyist has been employed to lobby. Reg-
istration of all lobbyists shall be required
prior to October 1 of every even-numbered
year and each person who withdraws as a
lobbyist for a particular client shall file an
appropriate notice of withdrawal. The fee
for biennial registration shall be one hun-
dred twenty-five dollars ($125.00). Initial-
ly, all lobbyists shall register on or before
June 1, 1991. In addition, every registrant
shall be required to state the extent of any
business or professional relationship with
any current person described in subsection
(bXl). The registration fees required by this
subsection shall be deposited by the Clerk
into a separate account and shall be expend-
ed for the purpose of recording transcrib-
ing, adm;n;Rtnition and other costs incurred
in maintaining these records for availabil-
Supp. No. 12
~ 2.11.1
ity to the public. There shall be no fee re-
quired for filing a notice of withdrawal and
the Board of County Commissioners may,
in its discretion, waive the registration fee
upon a finding of financial hardship.
(3) (a) Any public officer, employee or appoin-
tee who only appears in his or her of-
ficial capacity shall not be required to
register as a lobbyist.
(b) Any person who only appears in his or
her individual capacity for the purpose
of self-representation without compen-
sation or reimbursement, whether di-
rect, indirect or contingent, to express
support of or opposition to any item,
shall not- be required to register as a
lobbyist.
(4) Any person who only appears as a repre-
sentative of a not for profit corporation or
entity (such as a charitable organization, a
neighborhood association, or a trade asso-
ciation or trade union), without special com-
pensation or reimbursement for the appear-
ance, whether direct, indirect or contingent,
to express support of or opposition to any
item, shall register with the Clerk as re-
quired by this subsection, but, upon re-
quest, shall not be required to pay any reg-
istration fees.
(5) Any person who appears as a representa-
tive for an individual or firm for an oral
presentation before a county certification,
evaluation, selection,' technical review or
similar committee, shall list on an affidavit
provided by the County, all individuals who
may make a presentation. The affidavit shall
be filed by staff with the clerk's office at the
time the proposal is submitted. For the pur-
pose of this subsection only, the listed mem-
bers of the presentation team shall not be
required to pay any registration fees. No
person shall appear before any committee
on behalf of an individual or firm unless he
or she has been listed as part of the firm's
presentation team pursuant to this para-
graph or unless he or she is registered with
the Clerk's office and has paid all applica-
ble fees.
271
f 2-11.1
DADE COUNTY CODE
(6) Commencing July 1, 1986, and on July 1 of
each year thereafter, the lobbyist shall sub-
mit to the Clerk of the Board of County
Commissioners a signed statement under
oath listing all lobbying expenditures in ex-
cess of twenty-five dollars ($25.00) for the
preceding calendar year. A statement shall
be filed even if there has been no expendi-
tures during the reporting period.
(7) The Clerk shall publish logs on a quarterly
and an annual basis reflecting the lobbyist
registrations which have been filed in ac-
cordance with this subsection (s). The Clerk
shall publish logs for the fourth quarter of
fiscal year 1989-90 and the first quarter of
fiscal year 1990-91 as soon as practicable
after the effective date of this ordinance.
All logs required by this ordinance shall be
prepared in a manner substantially similar
to the logs prepared for the Florida Legis-
lature pursuant to Section 11.045, Florida
Statutes.
(8) The Clerk of the Board shall investigate
any person engaged in lobbying activities
who may be in violation of this subsection
(s). The County Attorney shall report the
results of the investigation to the County
Commission. The County Commission may
reprimand, censure, suspend or prohibit
such person from lobbying before the Coun-
ty Commission or any committee, board or
personnel of the County; provided, howev-
er, that any suspension or prohibition may
not exceed a period of two (2) years. Not-
withstanding any other provision of the Con-
flict of Interest and Code of Ethics Ordi-
nance, or the Code of Metropolitan Dade
County, the penalties provided in this para-
graph (8) shall be the exclusive penalties
imposed for violations of this subsection (s).
(9) All members of the County Commission, and
all County personnel, shall be diligent to
ascertain whether persons required to reg-
ister pursuant to this subsection have com-
plied. Commissioners or County personnel
may not knOwingly permit a person who is
not registered pursuant to this subsection
to lobby the Commissioner, or the relevant
committee, board or County personnel.
Supp. No. 12
(10) The validity of any action or determination
of the Board of County Commissioners or
County personnel, board or committee shall
not be affected by the failure of any person
to comply with the provisions of this sub-
section (s).
(t) Penalty. Every person who is convicted of a
violation of this section shall be punished by a fine
not to exceed five hundred dollars ($500.00) or
imprisonment in the County Jail for not more than
thirty (30) days, or by both such fine and impris-
onment.
(Ord. No. 72-82, ~ 1, 11-21-72; Ord. No. 73-26, ~ 1,
3-20-73; Ord. No. 77-13, ~ 4, 3-1-77; Ord. No. 86-
24, ~ 2, 4-1-86; Ord. No. 91-22, ~ 1, 2-19-91; Ord.
No. 92-27, ~ 1,4-21-92; Ord. No.-95-21, ~ 1,2-7-95)
Editor'. note-OnI. No. 72-82, f 1, amended this Code by
repealing former f 2-11.1 relative to County officers and em-
ployees transacting business with the County and enacted in
lieu thereof a new t 2-11.1 as herein set out. Former t 2-11.1
was derived from Onl. No. 59-44, ff 2-5, edopted Dee. 1,
1959.
Annotations-AO 7-1; CAD'. 78-8, 76-32, 76-36, 76-39,
76-43,76-46,76-50,76-55,77-1,77-9,77-14,77_16,77_19,77_
26,77-33,77-37,77-40,77-41, 77-44, 77-52, 77-53, 77-56, 77-
63,77-68,78-2,78-10,78-11,78-12,78-17,78-25,78-33,78-44,
78-47,78-53,78-54,79-6,79-7,79-12,79-16,79_19,79-32,79_
37, 80-3, 80-4, 80-11, 80-21, 80-24, 80-25, 80-28, 80-29, 81-4,
81-13, 81-18, 81-22, 81-31, 81-38, 82-1, 82-10, 82-13, 82-19,
82-24, 82-25, 82-28, 82-29, 83-2, 83-6, 83-11, 83-22, 85-8.
State law reference--()ode of ethics for public officers snd
employees, F.R f 112.311 et .eq.
Sec. 2-11.2. Sale of public property by mu-
nicipalities.
No municipal corporation in Dade County, Flor-
ida, shall sell or convey for private use or to pri-
vate ownership all or any part of any tract of real
property ten (10) acres or more in contiguous area
owned by it that has been or is hereafter acquired
by said municipality for a public or municipal pur-
pose, until full and complete information and data
concerning the contemplated sale or transfer of
such real property shall have been first submitted
to the Board of County Commissioners for a re-
view and consideration, and the Board of County
Commissioners shall have approved and consent-
ed to such sale or transfer as being in conformity
with the comprehensive plan of development for
Metropolitan Dade County and not contrary to
the best interests of the public.
272
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Aventura Founders Park Development Project - Proposed Budget
and Schedule
BACKGROUND
At the January Workshop, the City Council reviewed the conceptual plan for Aventura
Founders Park. The Council requested that a proposed budget be prepared and a
schedule for implementation.
PROPOSED BUDGET
Attached is a preliminary budget for the development of the conceputal plan. The
budget was prepared from input from the City's landscape architect and Community
Services Director. The elements of the park are designed for a first-rate facility. Based
on input from the City Council, the plan can be enhanced or scaled back. Once the
budget and concept have been finalized, it will be included as part of the five-year
Capital Improvement Program.
DEVELOPMENT SCHEDULE
The following is a recommended development schedule for the park project:
February 1997
November 1997
January 1998
October 1998
Begin Design
Bid Project
Award Bid
Park Dedication
This matter will be discussed at the January 27, 1997 Workshop Meeting.
EMS/aca
Attachment
CC0211-97
Aventura Founders Park
Cost Estimate
Preliminary Budget
ITEM QTY. UNIT UNIT COST TOTAL
Mobil ization/BondslPermits 1 LS $30,000.00 $30,000.00
Clearino & Grubbino 10 AC $5,000.00 $50,000.00
Gradina 1 LS $15,000.00 $15,000.00
Entrance Feature 1 EA $5,000.00 $5,000.00
Site Preo/Drainaae/Utilities 1 LS $150,000.00 $150,000.00
Asphalt Parkina 3,200 SY $12.00 $38,400.00
Concrete Sidewalk 450 SY $25.00 $11,250.00
Concrete Curbina 2,200 LF $8. 00 $17,600.00
8' wide Asphalt Path with 4" rock base 2,850 SY $12.00 $34,200.00
Decorative Paver Promenade 11,000 SF $5.00 $55,000.00
Decorative Paver Brick Plazas 12,000 SF $4.50 $54,000.00
Ballfield Backstoo with Nettina 30' hI. 2 EA $20,000.00 $40,000.00
Bavwalk, 10' wide 2,800 SF $5.00 $14,000.00
Bermuda Sod on 6" toosoil bed 176,000 SF $1.00 $176,000.00
SI. Auaustine Sod on 3" topsoil bed 193,000 SF $0.35 $67,550.00
Bermina 1,000 CY $20.00 $20,000.00
Clav Infields 16,000 SF $1.55 $24,800.00
Site Electrical/Soorts Uahtina 1 LS $230,000.00 $230,000.00
Benches 20 EA $1,000.00 $20,000.00
Trash Receptacles 15 EA $600.00 $9,000.00
Safety Fencina for Outfields 60 EA $140.00 $8,400.00
Decorative Picket Perimeter Fencino 3,700 LF $30.00 $111,000.00
Gates 3 EA $1,000.00 $3,000.00
Duaouts 4 EA $12,000.00 $48,000.00
Portable Bleachers 8 EA $2,000.00 $16,000.00
Double Tennis Courts (asohalt) 1 LS $40,000.00 $40,000.00
Basketball Court (asohalt) 1 LS $30,000.00 $30,000.00
Playground 1 LS $75,000.00 $75,000.00
Guard House (60 sf each) 3 EA $5,600.00 $16,800.00
Picnic Shelters 4 EA $20,000.00 $80,000.00
Concession/Storaae/Restroom Bldo. 1,200 SF $120.00 $144,000.00
Restroom Buildina 900 SF $105.00 $94,500.00
Irriaation 400,000 SF $0.35 $140,000.00
Sianaae 1 LS $12,000.00 $12,000.00
Vita Course Eauipment 1 LS $12,000.00 $12,000.00
Landscaoe Material 1 LS $350,000.00 $350,000.00
Subtotal $2,242,500.00
7.5% Continaencv $168,187.50
TOTAL $2,410,687.50
1/24/97
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: January 24,1997
Development Director $-
TO:
FROM:
SUBJECT: Status Report - Billboards
Over the past few weeks, City staff has been working closely with the County and the
Florida Department of Transportation to establish the status of all billboards presently
within the municipal limits of Aventura. This task entailed more research than we
initially anticipated, as many of the billboards date back to permits originally issued as
early as 1949. As one might expect, records dating back that far are not always as
easily accessible as more recent records.
What we have learned by this exercise are the following:
. At the present time, 16 billboard locations exist within Aventura.
. All are located along Biscayne Boulevard, five (5) on the east side and eleven (11)
on the west side.
. Twelve (12) of the sixteen (16) have been permitted by both the County and State.
The following billboards are not permitted by either the County or State: "D", "F",
one face of "H", "M", and "P". City staff is continuing to work with FOOT to have the
non-permitted signs removed.
. The most recent permit for a billboard was issued in September, 1995. This would
be prior to incorporation of the City of Aventura. However, a billboard may have
been installed at a later date.
. One billboard, location "M", may have been illegally relocated. The property owner
has been cited by Code Compliance and will shortly be heard by the Special
Master.
. The County and the FOOT require an annual renewal of billboard permits. The cost
of the annual renewal from the FOOT is $35 per billboard face, while the County
charges $30 per billboard face.
Page 2
Billboards
. The annual renewal appears to be solely a recurring cost and is not used as a
regulatory opportunity by either agency.
. During our research we found a document, prepared by the 3M Company, which
estimates the value of a certain billboard within the City as being $514,200. A copy
of this document has been attached.
CONCLUSIONS
With the noted exceptions, all billboards appear to be properly permitted by the County
and State. The city staff will continue to work with FOOT on the non-permitted signs,
as well as using our own Special Master process where applicable.
The City Council may wish to consider implementing its own permitting requirements for
billboards. The City Council may want to direct the City Attorney to research the extent
to which the City may impose permitting requirments, and what if any zoning
requirements maybe imposed upon these signs over time.
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CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM:
Eric M. Soroka, Cit
r
DATE: January 24,1997
SUBJECT: Library Landscaping & Signage
On January 16, 1997, I met with Mary R. Sommerville, Director of Miami-Dade Public
Library System and her staff to discuss the possibility of the City providing landscape
and exterior sign age improvements for the Northeast Branch Library located in the City.
We have agreed in concept to the following points:
1. An Interlocal Agreement would be necessary to incorporate the points of agreement.
2. The City would design and install landscape improvements at the library. The
design would be subject to County review.
3. The City would design and install new signs that would include the Miami-Dade
Public Library Aventura Branch name and County Library logo.
4. The City would be responsible for the maintenance of the landscaping. The County
would reimburse the City for the costs of landscape maintenance.
In order to move forward on these items, I am requesting the City Council to agree in
concept with the proposal and authorize the landscape architect to prepare a landscape
plan for implementation.
In addition, I have asked the library staff to consider the possibility of installing a
sidewalk along the Eastside of the property. They are evaluating the request.
EMS/aca
CC0213-97
CITY OF AVENTURA
METRO-DADE COUNTY PRIORITY ISSUES
1. Request Metro-Dade County to allocate to the City, its fair share of revenue for
Florida Power and Light franchise fees. Currently, all cities in Dade County, except
for Aventura and Pinecrest, receive FPL franchise fee revenues. The Village of Key
Biscayne, a newly incorporated City, also receives this revenue source. The City
has never received a logical reason for the arbitrary denial of this important revenue
source to the City.
2. Provide for the establishment of an additional EMS rescue unit and substation in the
southern part of the City. The City has received the support of the representatives
of the Metro-Dade Fire Rescue Department to establish an additional EMS rescue
unit in the City to improve response time and service to the community. The City
and Metro-Dade Fire Rescue are currently reviewing the possibility of leasing a
vacant medical building at Pointe East to establish the new unit. Support is needed
to ensure funding is available to initiate operations by April 1997 .
3. Design and construction of 10.5 acre Aventura Founders Park on Country Club
Drive and 190th Street. The City has acquired a 5.5 acre parcel adjacent to the 5
acre site previously designated by the County as park dedication by a developer.
The City plans to establish a first rate active and passive park site (see attached
conceptual plan). The proposed budget is approximately $2,000,000. The City is
only entitled to about $160,000 for the Park Improvement Bond Issue. Request
additional appropriation to fund park so that construction can begin by the end of the
year.
4. Request Dade County to allocate funds for storm water utility fund to correct prior
deficiencies that were not previously corrected by Dade County. The City is in the
process of establishing its own storm water utility fund which should be in place by
July. However, since October 1, 1996, the County has been collecting
approximately $41 ,000 per month from the residents of Aventura. The Dade County
Public Works Department has informed the City's Engineer that they do not intend
on spending any funds in the City of Aventura.
January 17, 1997
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Mayor Arthur Snyder
City of Aventura
2999 NE 191 Street
Aventura, FL 33180
TeNw.o-r;...
FIclrUa CoaJltior,
Dear Major Snyder:
I am writing to you on behalf of the Florida Tri-Agency Coalition on Smoking
or Health (American Cancer Society, American Heart Association, and the
American Lung Association) and the entire Tobacco-Free Dade Coalition
consisting of various other organizations and associations throughout Dade
County that have a stake in tobacco control. It is our hope to win your
support of our Legislative Agenda for the 1997 Session of the Florida
Legislature. Specifically, to amend the Florida Clean Indoor Air Act by
removinq the preemption language.
-
Briefly, the Coalition's legislative priority for 1997 is to eliminate tobacco
use in public places. The current preemption clause within the Florida Clean
Indoor A~r Act prohibits local communities from enacting stronger indoor air
regulations in pubic places.
The American Cancer Society, working with their other Tri-Agency partners,
will be drafting a bill in January 1997 that will be introduced in the House
and the Senate to eliminate this preemption clause. The current state law
would then serve as the minimum; cities and counties would be allowed to adopt
local ordinances that are stronger than the current law according to local
community preferences.
The
are
the
bill will have bi-partisan support in both the House and the Senate.
asking your Cit to su ort this bill b enactin
bill and poss b1y ident~ yare resentat~ve from
rave a expenses a~ to a a assee
hear nos ~ nee ed. I ave enc ose a ra
preemption.
w~
Committee
repeal of
Please help us give our communities "home rule" and the ability to respond to
their citizens' wishes.
You can contact my office at your earliest convenience, my phone number and
business card are attached. Let us know if your City is interested in
supporting this bill, or if you would like more information, and even if you
are not interested, please let us know your reasons. Of course, we would like
to try and get as many cities signed-up before the Legislative Session begins
on March 4, 1997.
In the meantime, I have enclosed some important items for you to review that
might be helpful regarding this matter: fact sheet on removal of preempt;.on;
background and history on the Florida Clean Indoor Air Act; an actual copy of
the current law; and some tobacco facts.
Thank you for your time and attention on this vital issue.
Sincerely,
<i)~ CL df w cnYu1 _
DarIa L. Worley, 0--
Advocacy Coordinator
Dade, Broward and Monroe Counties
Tobacco Free Florida Coalition
3901 N.W. 79th Avenue, Suite 224 . Miami, FL 33166
Ph"'.......... (~()r;' r::;;;O/L,1~h~ . -.:;'''''V. (~nt;) QQLL74.t;7
DRAFT (individual cities)
Resolution for Repeal of Preemption
Whereas cigarette smoking kills more Americans each year than
alcohol, cocaine, heroin, murder, car accidents and AIDS
combined; and
Whereas 28,000 people from Florida die of tobacco caused diseases
each year; and
Whereas secondhand smoke inhaled by nonsmokers can cause serious
health problems, especially among children; and
Whereas rates of smoking among children in Florida are
increasing, according to the Centers for Disease Control and
Prevention; and
Whereas every 30 seconds a child in Florida smokes for the first
time, and one-third of these new smokers will eventually die of
tobacco-related diseases; and
Whereas the tobacco industry has as its chief legislative
strategy the removal of local authority to regulate tobacco; and
Whereas citizens in local communities believe they should have
the power to protect themselves from secondhand smoke and protect
children from tobacco; and
Whereas the Mayor and City Council of [City] are seriously
concerned about the health hazards of smoking and the use of
tobacco by children; and
Whereas the current laws of the State of Florida, including
Florida Clean Indoor Air Act preempt local regulation of tobacco
use; and
Whereas the Mayor and city Council believe that rights should be
vested in local communities to enact and enforce tobacco-related
ordinances if they choose to do so;
Now, therefore be it resolved, that the Mayor and city council
exhort the Florida Legislature to enact legislation to repeal the
preemption language in the Florida Clean Indoor Air Act and
return rights to local communities to enact and enforce tobacco
related ordinances if they choose to do so.
And be it further resolved, that the Mayor and City council
strongly encourage other cities and towns in Florida to adopt
similar resolutions.
And be it further resolved that the [city Clerk] is hereby
directed to distribute copies of this resolution to the Governor
and the Lieutenant Governor of Florida, to all members of the
1997 Legislature, and to the Florida Department of Health.
Dated this
day of
, 1997.
Submitted by:
tfGEr
Providing answers.
Saving Jives.
AMERICAN CANCER SOCIETY
FLORIDA DIVISION. INC.
PUBLIC ISSUES
FACT SHEET
REPEALING PREEMPTION
I
Florida Statute Chapter 386.109, known as the Clean Indoor Air Act, states that no local law may be
stronger than the state law regarding the regulation of clean indoor air. This means that no county or
city may enact a clean indoor air law that is more stringent than the state law.
The Florida Tri-Agency Coalition on Smoking OR Health (comprised of the American Cancer
Society, American Heart Association and American Lung Association) actively supports legislation
which would allow local governments to pass clean indoor air laws that are stronger than the state
law.
A survey was conducted in Florida during February, 1996, by Mathematica Policy Research, Inc.,
and funded by the Robert Wood Johnson Foundation for the Tobacco Free Florida Coalition. Results
of poll questions relating to local government control are listed below:
73.5%
73.0%
72.0%
65.0%
believe that local communities should have the power to pass laws protecting
people from second hand smoke in public places.
Cities and Counties should have the ability to respond to their citizens'
wishes. Variations in local enforcement methods and penalties mirror
residents' local priorities.
believe that local communities should have the power to pass laws protecting
people from second hand smoke in workplaces.
According to the Environmental Protection Agency, second-hand smoke
causes heart disease and cancer in non-smokers.
believe that local communities should have the power to pass laws protecting
people from second hand smoke in restaurants.
In restaurants, workers are heavily exposed to second-hand smoke and inhale
the equivalent of smoking 1 Y, to 2 packs of cigarettes per day.
believe that local communities should be in control of the laws that affect
their health.
f'T~b;~~~-~~~d~;;;'~~'-;;'~j'~;~;~-~f'h;~di;~~:-~~~~~~;~;;-b;~~;iriti~~"j
i stroke, low birth weight and other aliments resulting in approximately i
i 420,000 deaths a year. i
~-_..._-_..._---._.....__...._._........-._..._-_..._.............---.----.----.--..-.-..--..--...----.---.--.
Division Contact: Ralph A. DeVitto
Vice President of Government Relations
1-800~1410 x401
PR.afi'TFS.PI November 4, 1996
PUBLIC 155UE5
POSITION ~TATEMENT
~=
Providing answers.
Saving lives.
'1-8DO-AC5-2345
POSITION:
ACTIVELY SUPPORT
BACKGROUND:
Florida Clean Indoor Air Act
The main purpose of the Florida Clean Indoor Air Act is to protect the public's health,
comfort and environment by creating areas in public places and at public meetings that
are reasonably free from Tobacco smoke.
Preemotion
Preemption provisions in state clean indoor air laws and other tobacco measures
remove the authority of local governing bodies to pass stronger local orr!in'm".e8
relating to smoking in Public Places.
History of the Florida Clean Indoor Air Act
The Florida Clean Indoor Air Act (FClAA) was passed by the Florida Legislature in
1985, and signed into law by then Governor Bob Graham. It went into effect on
October 1, 1985.
The FCIAA at that time provided for public places in Florida to be reasonably free
from tobacco smoke. It did this by defining public places for the purpose of the Act,
and declared all public enclosed indoor areas to be non smoking areas unless they were
specifically designated as smoking permitted areas. This early version provided little
enforcement power, and therefore was largely ignored.
In 1988, the Florida Legislature amended the FCIAA to include enforcement and Rule
Making Authority to the Department of Health and Rehabilitative Services and the
Department of Business Regulation's Division of Hotels and Restaurants.
In 1992, the Florida Legislature amended the FCIAA to provide:
· No smoking in Hospitals
· No smoking in schools or other educational facilities
. OVER.
3709 West Jetton Avenue' Tampa, R.. 33629-5146' (813) 253-0541
. No smoking in day care centers
. Expanding the definition of Common areas
. Requiring public announcements in public transportation carriers in
metropolitan areas stating that Florida is a clean indoor air state and that
smoking is allowed only in designated areas
. Specific provisions for all restaurants seating more than 50 people
CURRENT LAW RELATING TO THE DEFINmON OF PUBUC PLACES AND PREEMPTION
CLAUSE
Current law defmes "Public Place" as: enclosed, indoor areas used by the general
public, government buildings, public means of mass transportation and their associated
terminals not subject to federal smoking regulation, elevators, hospitals, nursing homes,
educational facilities, public school buses, libraries, court rooms, jury waiting and
deliberation rooms, museums, theaters, auditoriums, arenas, recreational facilities,
restaurants which more than 50 persons, retail stores, except a retail store the primary
business of which is the sale of tobacco or tobacco related products, grocery stores,
places of employment, health care facilities, day care centers, and common areas of
retirement homes and condominiums.
Current law expressly pre-empts regulation of smoking to the state and supersedes
any municipal or county ordinance on the subject. (In other words, cities and
counties are prevented from adopting stronger local ordinances than the current State
law).
.AMERICAN.... CANCEII...SIJCI~11..POsmo;~ .........i;............i...li.I~~ltlj!:;lrifir'lilltl!1~lii.i.I.,tll!l~
Establishment of strong public indoor smoking control laws, at the Federal, State and
Local levels will protect public health by effectively reducing involuntary exposure to
environmental tobacco smoke.
The American Cancer Society, Florida Division, Inc., actively supports legislation that
will set Ii minimum standard, at the State level, and allow cities and counties to adopt
stronger ordinances to protect the health of nonsmokers by eJimin..rl'1g their exposure to
environmental tobacco smoke through enactment of comprehensive smoking restrictions.
In summary, the American Cancer Society, Florida Division, Inc., ACTIVELY
SUPPORTS removing the preemption clause from the Florida Clean Indoor Air Act.
DIVISION CONTACT:
Ralph A. DeVitto
Vice President of Government Relations
1-800-444-1410 x 401
pmnpt97.pi November 4, 1996
F.5. 1993
PARTICULAR CONDmONS Arr...."..G PUBUC HEAL11l
CIl. 316
nuisance in any city. tawn. ar plac8withln lIie state. end
If such condition is determined to constitute e senltary
nuisance, they may take such action to abate the said
nuisance condition in acccrdance with the previsions of
this chapter.
-'.~.2.Cft.e3-84: ..,....cfL~1DB; L 1!D.dL n-141.
386.051 Nuiances InjuriOUl to helllll, penaJty.-
Any person found .guilty of creating. keeping. ar main.
leinlng e nUIsance InJUl10us to health shall be guilty of a
mIsdemeanor of the second degree. punishable as pro-
vided in s. ns.Cl82 ar s. ns.083.
......,.-t. 2. en. G-64: L 337. c:tL. 71-'.
PART II
INDOOR AIR; TOBACCO SMOKE
386.201 Short UUe.
386.202 L.egislalive intent.
386.203 Definitions.
386.204 Prohibition.
386.205 Designallan of amaking Bnlas.
386.206 Posting of signs.
386.207 Admini~on; enforcement; civil penalties;
exsmptlons.
386.208 Penalties.
386.209 RegufaIiDn of smoking preempted to state.
386.211 Public announcements in mass transpartaIlDn
terminals.
386.2ll1 SItart tIIIe.- This part may be cited as Ute
'Florida Clean Indoor I>JK AI;t.'
......,.-.. I, Cfl. -...zs7;.. 1. M.a.,&
366.2l12 Legl...... Intttnt.- The purpose of this
part is to pratecl Ute public health. comfort. end envir0n-
ment by cresting lII'8lIlI in public pieces end aI: pubIlc
meetings thai: Bnl ~ frtle from ""'........ smoke
by providing a unlfarm stIIIewide maximum code. this
part shall not be inlerpr8led to require the designallon
of smoking areas. H_.1t Is the intent of the LagIsIa.
lure. to discourage the designaIlan of any erea within a
govemment building u a I!ftlllklng area.
......,.-.. 2. dL""" L.z... .,&
38B.2113 DeflnllIonL-As used in this part:
(1) "Public place' means the fallowing enclosed.
indoer areas used by the g-..l public:
(a) GaIIemment buildlngs;
(b) Public means of mass lranspartalkm and their
ass~"o.j tenninBIs not subject to federal smoking reg.
utalion;
(c) 8evatars;
(d) Hospitals;
(e) Nunling homes;
(f) EduCllliDnal facilities;
(g) Public schDDl buses;
(h) Ubraries;
(I) Cauttrt....IlS;
m Jury wsItIng SlId deliberation racrns;
(k) Museums;
(I) Thselers;
(m) AudIlDriums;
(n) Arenas;
(0) Recleeliollal faciBlies: _
(P) ReslaunInls wItIcIt seal: mare than 50 persons;
(q) Re1IIiI sllnB, a:ept a retail store the primary
~ 01 wItIcIt Is the 88le of tobacco ar tobacco
nIl8Ied praducts;
(I) GIllclIIy lIlIns:
(I) PIeces 01 employment;
(t)Hlatlhcare feclIltIes;
(u) Day care centers; and
(v) Cornman lII'8lIlI of retirement homes and condo-
rninlunt8.
(2) "GovwnmIIot buliding" means any building or any
partlon 01 any building owned by ar leased to the state
or any f""'H"""lIlIbdIvIsIan thereof end used far govem-
mentalpu.1l 1
(3) 'Public /TI8lItlng' means all meetings open to the
public. including /TI8lItlnlls 01 homeowner. condomin.
ium. or rwIter or tenant .... I I" .IS unless such meet-
Ings are held In a prIwIe I1I8idence.
(4) "Smaldng' __ pm r"ol of a lighted dga.
ietta, IigItted cIgIr. IigItted pipe. or any Dlher fighted
~1'Of'OrI praducL
(5) "SmokIng area' means any deslgnal:ed area
IM8t1llg the ~III 01 ss. 3B6~ end 3B6.206.
(6) "CoInrlat area' Ill8lIIlS any hallway, conidor.
lobby, lIllie. __ faurlt81 area. nlslnlDm. statrwell,
~dt ,WIlY. or '-lWIdb.___ nxm in any pubIlc place.
(7) 'Do.,-b._1l" III8IIllIthe Department 01 Health
and Rat........ SeMces.
(8) 'DivIsIan" __ the DIvl8iDn of HoleIs end Res-
lIIInnts 01 the ~4 01 Business ReguIatIDn.
I~. ~&..-.-:&. ..........&....1..
. .._...........r ~._4af__..fIto.
__....:r....._
P"" '" . - .- A persmI may not smoke in a
public pIlICe or III a public _illig 8lCC8ptln designated
smakIng-. n.....Q1.tb11iot16 do not apply In cases
In wItIcIt en entInt _ or hIlIla U8lId for a privaIe func.
tIon and 88eIing ...__jl....ta are under the control of
the apcllllOo 01 the functIan and not of the prtlllrietar ar
persmlln chIrae of the nxm or heB.
1~.~....~L.._.....
....... III '_ "J,m of _ l".~.....-
(1) SmaIda",,_maybe"- 'gJIlIled by the pe~
In cIWge 01 a public pr... If a smakillg area is desig.
nBI8d, ..od8IIo "" phY*IJ bIIl'Iera end ventilation systems
WI b8 U8lId to ......~ 8IIlllklI1n 1Id/8C8nl......smal<.
Ing ...... ThIs ...woll8lan 8haII not be CCIIIIlrUed to
requinl fbald IIlnIcIIInII or other phy8IcaI modIfIclIIIDns In
pruvIdIng theee _ or to rwquIre opeIlItIan of any
...11.." heating. _411a6'1io 8Ild a1rcondltlaning system
(HVAC syatem) In any manner which decreu88 Its
-uY efllelenCf or hlCl Ita alec.blcal demand. or
bllllt. not shall thIa pnIw" . be canstrued to require
r-......., 01_ or eddIIIaI.. HVAC aystems.
(2)(a) A ........"" ... may not be designIIled In en
......... BCItDDI bu8. public III8IIllI of mus lIaIl8PDfta.
tIon 8UbIect anIy to lIlaIlI 6o'llallIl1g reguIalIlln. ........-..
"'-"..... daclIlr'a or dentIIIl'a welting nxm. jury d8IIber'
IIIIDn -. ClIIII1ty public '-lib unII. day care center.
-=haaI or au.-.... - AILDftal facility. or 8tfY WII'II'IlOI18J'8B
U defined In .. !WI!lM However. a pelienl'1 rtlOIll in a
Ch. '386
PARTICULAR CONDmONS AFFECTING PUBUC HEALTH
F.S.1993
hospital, nursing home, or other health care facility may
be deSignated as a smoking area if such designation is
ordered by the attending Physician and agreed to by all
patients assigned to that room.
(b) NOtwithstanding anything In this part to the c0n-
trary, no more than one-l1aJf. of the rooms In any health
care facility may be designated as smoking 818as.
(3) In a workplace where.there 818 smokers and n0n-
smokers. empioyers shall develop, implement, and post
a policy regarding designation of smoking and nonsmok.
ing areas. Such a policy shall take into consideralion the
Proportion of smokers and nonsmokers. Employers who
make reasonable efforts to develop, implement, and
post such a policy shall be deemed In COmpliance. An
entire area may be designated as a smoking area if all
workers routinely assigned to. work in that area at the
same lime agree. WIlh respect to the 8qU818 footage in
any pUblic place as described in subsection (4), this
square footage shall not include priv&te offICe work
space which is not a common area as defined in s.
386.203(6) and which is anllnarily icuo......ssible to the
public.
(4) No more than one-half of the total square foot-
age in any public ptace within a lingle ancIased Indoor
area used for a common Pl/IlXl8B shalJ be reserved and
designaled as a smoking area. This 8qU8I8 footage 1imi-
tation does not apply to restaurants as defined in s.
386.203(1)(p). However, SUch a restaurant must ensure
that no more than 65 percent of the _ exiating In Its
dinIng room at any lima 818 located in an 818a desig.
nated as a smoking area.
(5) A smoking 818a may not contain common 818as
which are expected to be USed by the public.
....,.--.5. dl.1So257: L 5. eft. 12-115.
386..211l1 PostIng at 8ignL-The person in charge of
a public place shall conspicuously post, or causa to be
posted, in any area dellignated as a smoking area signs
Staling that smoking is permitted in such area. Each sign
posted pursuant to this aectlon shall have letters of rea-
sonable size which can be easily read. The color, design,
and precise.pIace of posting of such signs shall be left
to the dlscrstion of the parson in charge of the premises.
In order to increase public awareness, the person in
charge of a public ptace may, at hie di8cration, also post
"NO SMOKING EXCEPT IN OESIGNATED AREAS' signs
as appropriate.
......,........ elL"': L" eft. 111-1&
388.2l17 AcImlnlatrallon; enfon:em.nt; civil penal-
tIH; aumptI-.-
(1) The department or the division shall enforce ss.
:vlR ~ and 386.2ll6 and to implement such enforce-
ment shall adopt, In consultation with the State Fire Mar.
sha!, rules spacifylng PRlClIdures to be foUowad by
enforcement personnel In investigating complaints and
notifying alleged violators, rules defining types of cases
torwhlch exemptions may be granted, and rules specify_
ing Proceclures-by which appeals may be taken by
aggneved parties.
(2) Public agencies responsible for the management
and maintenanc:a of govemm.nt buildings shall report
observed viaIationa to the departmenLDr division. The
State Fire Marshal shall report to the department or divi.
sion observed .vioIaIlona at sa. 386.205.and.3llS.206
found dllling Its P8riodic inspections conducted pursu.
ant to Its reguIatmy 8Ulharity. The department or the
division, upon notIIicatian at Observed violations of ss.
386~ and 3II6.2lI6, shaH Issue to the proprietor or
ofhar parson In charge of such public place a notice to
compJy with sa.l!AR !>no; and 386.2ll6.1f such person fails
to comply within 30 deysllltsr receipt of such notice, the
department or the dIvisian shall assess a civil penalty
against him not to axceec:t 5100 tor the first violation and
not to axceec:t S5llO for aech subsequent violation. The
imposltion of 'such fine. shall be in accordance with the
provisions of dlaptar 12ll. If a parson refuses to comply
with ss. 386.205 and 386.206, after. having been
-_saed SUch pana/ty, the department or the division
may !De a complaint In the cln:uit court of the county in
which SUch public place is Iacatsd to require compl~
ance.
(3) A person may rBqUllSl an exemption from ss.
l!AR ~ and l!AR """ by applying to the department or
the dIvisian. The ~ or the division may grant
_.....lfuolS on a ell.. by-case basis where it deter-
mines lhsl substsntIaJ goad faith afforts have been
made to comply or lhsl emergency or lIX1raordinary cir.
eumstancas axIat.
(4) All fine ......_.a """ectad pursuant to this section
shall be used by the depar.l.na'll for chUdran's medical
services programs pursuant to the provisions of part I of
chapter 391.
I~. ..'..........:L2......L1.CIL...'CII.
- ~OI PenaIIIes.-Any parson who violates s.
!'UIR mA. (:QI...'b. a .ao._Ji..... viOlation as provided for
In .. 775.111l(3), punishable by a fine at not more than
$100 for the fim vIaisIIon lIIId not more than $500 for
aech Rtohouoql-.t vIaIatIon. .bfsdlcti0l. shall be with the
~........~ cauntv ClllIlt.
I~. L.......;L7........... ~
..... 1(11..... aI l' ','IIIpree..4lbo.UO....
ThIs. PBrt a.,. I. or-....bo I1IgUIallon of smoking to
the statelllld ~ -V municipal or county ord~
nanca ClIl the 8UbIact:.
l~r".........&...;....cIL..._
3!II:l11 PlIblIc.... ___.. In mas lIMSpDr_
'-lion. 18I1.........-Announcamants about the Rorida
Clean Indoor N.r Act shaH be made regularly over public
addreas systems in tennIn8ls of public trallsportatlon
canters IDCIIIsd In matnlpolltsn atatistical 81888 with
populationa aver 230.000 IICCCIrdIng to the tatest census.
These IIIlrIClUIlClIn ahalI be made at Iaast every 30
minutes and shaH be made In appropriate languages.
Each announcernant shall Inciude a statement to the
affact that Rarida is a clean indoor alr state and that
smoking Is allowed only In d8llignated areas.
.....,~.. eta. a.....
'.
To"~c.c.o"'""
F10tUa Coalition
TOBACCO FACT SHEET
Teens
tMore than 400,00 Americans die prematurely each year due to cigarette
smoking. This is lout of every 5 deaths in the united States. Each year
smoking is responsible for 5 million years of life lost.
tEach day, more than 3,000 young people begin to smoke-that's more than 1
million new smokers each year. Among teens who are regular smokers, 1 in 3
will die from smoking.
tLung cancer is the leading cause of cancer deaths for both men and women ,
blacks and whites. Each year more women die of lung cancer(59,000) than
breast cancer(46,000). If we do not prevent tobacco use among our teenage
girlS, this epidemic will repeat itself in oUr future generations of women.
tThe decision to smoke is nearly always made in the teen years. Among adult
smokers, 80\ smoked their first cigarette before their 18th birthday-and by
this time '50\ were already smoking daily. Among high school seniors who use
smokeless tobacco, 73\ had tried it by grade nine.
Costs
tSmoking costs approximately $4 billion in Florida each year in increased
health cost and lost productivity-that's roughly $300 for every man,.woman and
child in Florida.
t$289 MILLION A YEAR (1992-93 Florida Medicaid Costs Relatsd to Cigarette
Smoking) :
Costs Related to Cigarette Smoking Add Upl
Illness
Patients
Treated
Medicaid
Costs
Health Effects and Public Health ImDaat of Involuntarv Smokinaa
tlnvoluntary smoking cauaea.
Increaaed frequency of cough and wheezing in children
Increased rates of pneumonia, bronchitis and other respiratory illness
in children
Reduced lung function and lung growth in children
Increased rates of chronic ear infections in children
Increased risk of heart diseaae in adults
Increaaed riak of lung cancer in adult.
Increaaed risk of othsr Cancers in adults
Exacerbation of symptoms in adults with chronic obstructive lung disease
Exacerbation of symptoms in persons with asthma, and
Bxacerbation of symptoms in adults with heart disease.
tZnvironmental tobacco smoke is a Class A carcinogen - a substance known to
cause cancer in humans for which there is no safe level of exposure.
tThe beet estimate of involuntary smoking-related mortality
in the United states is 53,000 deaths per year. 37,000 from heart disease,
3,700 from lung cancer, and 12,000 from other cancers.
tlnvoluntary smoking" is the third leading cauae of preventable death, behind
only active smoking and" alcohol.
tThe cancer mortality from involuntary smoking alone exceeds the combined
mortality from all regulated environmental carcinogena. While involuntary
smoking is the number one cause of environmental cancer, it is essentially
unregulated.
FDA Reoulation of Tobacco Producte
The propoaed regulation would be.
-Prohibit cigarette and smokeless tobacco sales to people under lB.
Retailers must verify age of consumers.
-Ban aales via vending machines, mail ordera, self-service displays and
other impersonal methods.
-Prohibit distributions of free samples.
-Ban sale of individual cigarettes and of packs of fewer than 20.
cigarettes, sometimes called "kiddie packe".
-Forbid brand-name advertiaing at sporting events and on products not
related to tobacco uae, such aa T-ahirts and hats.
-Forbid outdoor tobacco ads within 1,000 feet of echools and
playgrounds.
-Limit advertising in publications that reach a aignificant
number of children and teenagers to black-and-white text only.
-Make manufacturers, distributora and retailers responeible for
under-age aales.
-Require tobacco companies to pay for a $150 million advertising
campaign, including TV commercial" to discourage young people from
smoking.
,
,