Resolution 027-2016 Mayor Carruthers
RESOLUTION NO. 027 - 2016
I
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA SUPPORTING THE PASSAGE OF SB
1554/HB 4063 TO REPEAL F.S. 386.209 TO ALLOW LOCAL CONTROL
OF SMOKING REGULATIONS; URGING CITIZENS TO RECOGNIZE
THE NEGATIVE IMPACT OF SECONDHAND SMOKE AND TO
REFRAIN FROM SMOKING OR USING TOBACCO PRODUCTS ON
COUNTY PROPERTY; DIRECTING THE COUNTY CLERK TO
PROVIDE CERTIFIED COPIES OF THIS RESOLUTION TO CERTAIN
MEMBERS OF THE FLORIDA LEGISLATURE AND TO GOVERNOR
SCOTT PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, tobacco use is the number one cause of preventable death in the United
States; and
WHEREAS, the detrimental effects of secondhand smoke on non-smokers is well
documented; and
WHEREAS, the 2006 Surgeon's General Report found overwhelming evidence that
secondhand smoke exposure is a risk to anyone' and the Surgeon General of the United States
stated that "..the scientific evidence is now indisputable: second-hand smoke is not a mere
annoyance. It is a serious health hazard."2 ; and
WHEREAS, secondhand smoke lingers in the air, and its by-products remain on surfaces
for extended periods of time, adversely impacting the health of everyone who uses public spaces;
and
WHEREAS, studies show that infants and children are especially vulnerable to
secondhand smoke, suffering more respiratory problems, ear infections, asthma and sudden
infant death syndrome as a result of exposure; and pregnant women exposed to secondhand
smoke are at increased risk to have low birth-weight babies3; and
WHEREAS, a published review has determined smoke-free air policies do not have a
negative economic impact on businesses4; and
WHEREAS, F.S. 386.209 states "Regulation of smoking preempted to state. — This part
expressly preempts regulation of smoking to the state and supersedes any municipal or county
ordinance on the subject; however, school districts may further restrict smoking by persons on
school district property."; and
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Mayor Carruthers
WHEREAS, F.S. 386.201-2125, known as "The Florida Clean Indoor Air Act",
prohibits smoking in: the "commercial" use of a private residence; a "common area" such as a
hallway, corridor, lobby, etc.; designated smoking guest rooms at public lodging establishments
and "enclosed indoor workplace" areas, as defined in F.S. 386.203, but does not prohibit
smoking in areas not specifically defined in The Florida Clean Indoor Air Act such as parks and
other recreational areas; and
WHEREAS, F.S. 386.209 preempts the regulation of smoking to the state and
supersedes any municipal or county ordinance which prevents the County from enacting an
enforceable resolution or ordinance to ban secondhand smoke on any County property that is not
specifically defined and prohibited under The Florida Clean Indoor Air Act; and
WHEREAS, the Monroe County Commission believes a smoking ban on all County
property, especially County parks, may be an effective way to reduce the impact of secondhand
smoke on its citizens and the visitors to the Florida Keys; and
WHEREAS, the Monroe County Commission believes decisions affecting the residents
of Monroe County and visitors to the Florida Keys should be made at the local level and not pre-
empted by state or federal restrictions.
WHEREAS, the Monroe County Commission supports the repeal of F.S. 386.209 and
encourages the passage and enactment of SB 1554/HB 4063 enabling the County to more
effectively protect and ensure the safety and well-being of its citizens and visitors to the Florida
Keys; and
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1: The Monroe County Commission supports and urges the passage
of SB 1554/HB 4063 repealing F.S. 386.209 to allow
municipalities and counties to regulate smoking in their
communities, especially in public parks where its youth are most
often impacted by secondhand smoke.
Section 2: The County Commission urges residents and visitors to always
consider the negative impact of secondhand smoke on others and
to refrain from smoking on all County-owned property, including
parks.
Section 3: The Clerk is hereby directed to transmit a certified copy of this
Resolution to Representative Holly Raschein, Senator Dwight
Bullard, members of the Florida House and Senate leadership and
Governor Rick Scott.
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Mayor Carruthers
Section 4: This Resolution shall go into effect immediately upon its passage.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 10th day of February, 2016.
Mayor Heather Carruthers Yes
Mayor pro tern George Neugent Yes -
Commissioner Danny L. Kolhage Yes
Commissioner David Rice Yes
Commissioner Sylvia Murphy Yes
•
r—'Mg, Y HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
1;,. OF MONROE C I NT FLORIDA
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1 U.S.Department of Health and Human Services."The Health Consequences of Involuntary Exposure to Tobacco Smoke:A Report of the
Surgeon General—Executive Summary."U.S.Department of Health and Human Services,Centers for Disease Control and Prevention,
Coordinating Center for Health Promotion,National Center for Chronic Disease Prevention and Health Promotion,Office on Smoking and
Health,2006.
2 U.S.Department of Health and Human Services.New Surgeon General's Report Focuses on the Effects of Secondhand Smoke,27 June 2006.
HHS Press Office
s US Department of Health and Human Services.Women and smoking:a report of the Surgeon General.Washington,DC:US Government
Printing Office,2001
a Scollo,M.,Lal,A.,Hyland,A.,Glantz,SA.Review of the quality of studies on the economic effects of smoke-free policies on the hospitality
industry.Tobacco Control,12:13-20,2003.
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