HomeMy WebLinkAboutR-2022-014 Support of Municipalities and Counties to Ban Smoking in Public PlacesRESOLUTION NO.2022-014
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, URGING ALL
MEMBERS OF THE FLORIDA LEGISLATURE AND GOVERNOR RON
DESANTIS TO SUPPORT SENATE BILL NO.224 AND HOUSE BILL NO. 105
IN THE 2022 LEGISLATIVE SESSION WHICH, IF ENACTED, WOULD
AUTHORIZE COUNTIES AND MUNICIPALITIES TO RESTRICT SMOKING
ON PUBLIC BEACHES AND IN PUBLIC PARKS, DIRECTING THE CITY'S
STATE LOBBYISTS TO ADVOCATE IN FAVOR OF SENATE BILL 224 AND
HOUSE BILL 105; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, according to the National Center for Chronic Disease Prevention and Health
Promotion of the Centers for Disease Control and Prevention:
• Tobacco use is the leading cause of preventable disease, disability, and death in the United
States;
• About 34 million US adults smoke cigarettes, and 58 million nonsmokers are exposed to
secondhand smoke. Every day, about 1,600 young people under age 18 try their first
cigarette, and nearly 200 become daily cigarette smokers;
• Cigarette smoking causes more than 480,000 deaths annually, including 41,000 deaths
from secondhand smoke. For every American who dies because of smoking, at least 30 are
living with a serious smoking -related illness;
• Smoking -related illness cost the United States over $300 billion each year, including more
than $225 billion in direct medical costs;
• Secondhand smoke, which affects 58 million nonsmoking Americans, also causes stroke,
lung cancer, and coronary heart disease in adults. Children who are exposed to secondhand
smoke are at increased risk of SIDS, impaired lung function, acute respiratory infections,
middle ear disease, and more frequent and severe asthma attacks;
• Cigarette smoking is a major cause of heart disease and stroke and causes 1 in every 4
deaths from heart disease and stroke. Nonsmokers who breathe secondhand smoke at home
or work have a 25% to 30% higher risk of heart disease and a 20% to 30% higher risk of
stroke;
• Cigarette smoking can cause lung disease by damaging the airways and the small air sacs
(alveoli) found in the lungs. It can cause chronic obstructive pulmonary disease (COPD),
which includes emphysema and chronic bronchitis;
• The risk of developing type 2 diabetes is 30% to 40% higher for current smokers than
nonsmokers;
• Cigarette smoking during pregnancy increases the risk of pregnancy complications,
including premature birth, low birth weight, certain birth defects, and SIDS; and
WHEREAS, according to a study by the National Academies of Sciences, Engineering
and Medicine titled Public Health Consequences of E-Cigarettes, The National Academies Press
(2018), "[t]here is conclusive evidence that in addition to nicotine, most e-cigarette products
contain and emit numerous potentially toxic substances"; and
WHEREAS, according to Some e-cigarette ingredients are surprisingly more toxic than
others, UNC Health and UNC School of Medicine, March 27, 2018, the University of North
Carolina School of Medicine "found that e-liquid ingredients are extremely diverse, and some of
them are more toxic than nicotine alone and more toxic than just the standard base ingredients in
e-cigarettes — propylene glycol and vegetable glycerin"; and
WHEREAS, according to the European Heart Journal, Volume 41, Issue 15, 14 April
2020, Page 1523, Published 25 March 2020, "[i]n a recent study, Kuntic et al. reported that inhaled
acrolein may be the main culprit for their observations of acute adverse effects of e-cigarette use
on vascular function, caused by oxidative stress in blood vessels." (Citation footnote omitted); and
WHEREAS, according to the American Lung Association, "[b]oth the U.S. Surgeon
General and the National Academies of Science, Engineering and Medicine have warned about
the risks of inhaling secondhand e-cigarette emissions, which are created when an e-cigarette user
exhales the chemical cocktail created by e-cigarettes."; and
WHEREAS, according to the Ocean Conservancy, during the 2019 International Coastal
Cleanup, volunteers in 116 countries collected 4.2 million cigarette butts; and
WHEREAS, Section 386.209, Florida Statutes (2021), "expressly preempts regulation of
smoking to the state and supersedes any municipal or county ordinance on the subject"; and
WHEREAS, notwithstanding the preemption provided in Section 386.209, Florida
Statutes (2021), Senate Bill 224 (Senator Joe Gruters) would authorize counties and municipalities
to "further restrict smoking within the boundaries of any public beaches or public parks that they
own," and authorize municipalities to "further restrict smoking within the boundaries of any public
beaches or public parks that are within their jurisdiction but are owned by the county if doing so
would not conflict with a county ordinance."; and
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WHEREAS, a similar bill to Senate Bill 224, specifically House Bill 105, has been filed
in the Florida House of Representatives; and
WHEREAS, the City strives to provide healthy and clean environments for its residents
and visitors; and
WHEREAS, providing smoke -free zones on public beaches and in public parks would be
one way to keep the City beautiful by eliminating discarded cigarette butts and other smoking -
related trash; and
WHEREAS, smoke -free zones would help protect residents and visitors from unhealthy
and unwanted second-hand smoke, leading to more enjoyable visits to the City's parks and
beaches; and
WHEREAS, the City of Dania Beach, and its residents and visitors, would benefit from
legislation that would authorize the prohibition of smoking on public beaches and in public parks
within its jurisdiction;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA,
Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as
being true and correct and they are made a specific part of this Resolution.
Section 2. That the City Commission of the City of Dania Beach, Florida, urges all
members of the Florida Legislature and Governor Ron DeSantis to support Senate Bill 224 and
House Bill 105 in the 2022 legislative session, and any other similar legislation that would
authorize the prohibition of smoking on public beaches and in public parks.
Section 3. That the City Commission directs the City Clerk to transmit copies of this
Resolution to the City's state lobbyists, Governor Ron DeSantis, Senate President Wilton Simpson,
Speaker of the House Chris Sprowls, the Broward League of Cities, the Florida League of Cities,
the Broward County Legislative Delegation, the Broward County Board of County
Commissioners, the Palm Beach County League of Cities, the Miami -Dade County League of
Cities, and any other interested parties.
Section 4. That the City Commission directs the City's state lobbyists to advocate in
favor of Senate Bill 224 and House Bill 105 in the 2022 legislative session.
Section 5. That this Resolution shall be in full force and take effect immediately upon
its passage and adoption.
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PASSED AND ADOPTED on January 25, 2022.
ATTEST:
THOMAS SCHNEIDER, CMC
APPROVED AS TO FORM AND CORRECTNESS:
EV . B UTSIS
CI ATTORNEY
TAMARA J
MAYOR
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