HomeMy WebLinkAboutR-2022-040 Supporting House Bill 105 (Authorize Counties and Municipalities to Restrict Smoking Within Boundaries of Public Beaches and Parks Beyond Limitations in State Statutes)RESOLUTION NO.2022-040
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, SUPPORTING HOUSE BILL 105, AUTHORIZING
COUNTIES AND MUNICIPALITIES TO RESTRICT SMOKING WITHIN
THE BOUNDARIES OF PUBLIC BEACHES AND PUBLIC PARKS BEYOND
THE LIMITATIONS SET FORTH IN FLORIDA STATUTES; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on September 15, 2021, Florida Representative Randy Fine filed House Bill
105, which would authorize counties and municipalities to restrict smoking within the boundaries
of public beaches and public parks beyond the limitations set forth in Florida Statutes; and
WHEREAS, under the Florida Constitution and Section 166.021, Florida Statutes,
municipalities are given broad home rule powers; and
WHEREAS, the state preempts the regulation of smoking and does not allow counties
and municipalities to regulate smoking, but if House Bill 105 passed, counties and municipalities
could restrict smoking within the boundaries of any public beach or park they own beyond the
limitations set forth in Florida Statutes; and
WHEREAS, the City's inability to control smoking in public parks that it owns infringes
on home rule authority and if House Bill 105 passed, the City's home rule authority would be
preserved and recognized; and
WHEREAS, according to the U.S. Department of Health and Human Services, The
Health Consequences of Smoking-50 Years of Progress: A Report of the Surgeon General, 148
(2014), tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to
69 that are known to cause cancer; and
WHEREAS, according to the Centers for Disease Control and Prevention, Tobacco -
Related Mortality, more than 480,000 deaths annually in the United States are caused by cigarette
smoking, with exposure to secondhand smoke causing an estimated 41,000 deaths each year; and
WHEREAS, according to Centers for Disease Control and Prevention, Secondhand
Smoke (SHS) Facts, secondhand smoke is generally defined as smoke from burning tobacco
products or smoke that is exhaled by a tobacco smoker; and exposure to secondhand smoke can
cause numerous health problems and has been causally linked to cancer and other fatal diseases;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the above "Whereas" clauses are ratified and confirmed, and they are
made a part of and incorporated into this Resolution by this reference.
Section 2. That the City Commission of the City of Dania Beach, Florida, supports
House Bill 105.
Section 3. That the City Clerk is directed to distribute this Resolution to the Florida
Governor, the President of the Florida Senate, the Speaker of the Florida House of
Representatives, the Broward County Legislative Delegation, the Florida League of Cities, the
Florida Association of Counties, the Florida City County Management Association, the Board of
County Commissioners for Broward County, the Broward County League of Cities, and each of
the municipalities in Broward County.
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall become effective upon its passage and adoption.
PASSED AND ADOPTED on March 8, 2022.
ATTEST:
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r � 7
THOMAS SCHNEIDER, CMC
CITY CLERK"i.�_
APPROVED AS TO FORM AND CORRECTNESS:
EV A BOUTSIS
CI Y ATTORNEY
2 RESOLUTION #2022-040