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<br />RESOLUTION NO. 2012- l eS5 <br /> <br />A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF <br />SUNNY ISLES BEACH, FLORIDA, URGING THE FLORIDA <br />LEGISLATURE TO AMEND THE FLORIDA CLEAN INDOOR <br />AIR ACT TO BAN SMOKING IN OUTDOOR COMMON AREAS <br />OF A CONDOMINIUM EXCEPT IN AREAS SPECIFICALLY <br />DESIGNATED FOR SMOKING; DIRECTING THE CITY CLERK <br />TO TRANSMIT A COPY OF THIS RESOLUTION TO THE <br />PRESIDING OFFICER OF THE FLORIDA HOUSE OF <br />REPRESENTATIVES AND FLORIDA SENATE, SENATOR <br />GWEN MARGOLIS, REPRESENTATIVE RICHARD <br />STEINBERG, FLORIDA LEAGUE OF CITIES, AND MIAMI- <br />DADE LEAGUE OF CITIES; AUTHORIZING THE CITY <br />MANAGER TO DO ALL THINGS NECESSARY TO <br />EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN <br />EFFECTIVE DATE. <br /> <br />WHEREAS, the City recognizes the dangers of second-hand smoke and the various <br />health problems associated with it; and <br /> <br />WHEREAS, the Florida Clean Indoor Air Act already prohibits smoking within certain <br />indoor common areas but does not explicitly ban smoking in all outdoor common areas; and <br /> <br />WHEREAS, the presence of second-hand smoke in outdoor common areas unwillingly <br />exposes nonsmoking unit owners to the dangers associated with secondhand smoke they would <br />not otherwise be exposed to; and <br /> <br />WHEREAS, nonsmoking unit owners are unable to enjoy outdoor common areas so long <br />as smoking is unrestricted. <br /> <br />NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE <br />CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: <br /> <br />Section 1. Urging the Florida Legislature to amend Florida's Clean Indoor Air Act. The City <br />Commission hereby urges the Florida Legislature to amend the Clean Indoor Air Act to ban <br />smoking in multi-family buildings outdoor common areas including but not limited to patios and <br />balconies, of a condominium except in areas specifically designated for smoking. For the purpose <br />of this Resolution, the term common areas include "exclusive control common areas" like <br />balconies and patios. <br /> <br />Section 2. Direction to City Clerk. The City Commission hereby directs the City Clerk to <br />transmit a copy of this resolution to the Presiding Officer of the Florida House of Representatives <br />and Florida Senate, Senator Gwen Margolis, Representative Richard Steinberg, Florida League of <br />Cities, Miami-Dade League of Cities, and Ron Book. <br /> <br />Amend The Clean Air Act <br /> <br />Page 1 of2 <br />