HomeMy WebLinkAbout2011 09 26 Other - Reports - Documents provided to the Mayor and City Commission by Deputy Mayor Jean Hovey 1
Date: September 26, 2011
These three (3) documents were provided to the
Mayor and City Commission by Deputy Mayor
Jean Hovey under "Reports" at the September
26, 2011 City Commission Regular Meeting.
l
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF ORLANDO, FLORIDA, RELATING TO PUBLIC
3 HEALTH; PROVIDING FINDINGS OF FACT RELATING
4 TO THE NEGATIVE HEALTH IMPACTS OF
5 SECONDHAND SMOKE ON PUBLIC HEALTH; URGING
6 THE CITIZENS OF ORLANDO NOT TO SMOKE IN
7 PARKS AND OTHER PUBLIC PLACES WHERE
8 CHILDREN COMMONLY GATHER; URGING THE
9 FLORIDA LEGISLATURE TO SUPPORT MUNICIPAL
10 HOME RULE POWER; PROVIDING FOR
11 SEVERABILITY, REPEAL OF CONFLICTING
12 RESOLUTIONS, CORRECTION OF SCRIVENER'S
13 ERRORS, AND AN EFFECTIVE DATE.
14
15 WHEREAS, according to the Centers for Disease Control and Prevention, United States
16 Department of Health and Human Services (hereinafter the "CDC "), tobacco use is the leading
17 preventable cause of disease, disability, and death in the United States, and
18
19 WHEREAS, the adverse health effects of cigarette smoking account for an estimated
20 443,000 deaths, or nearly one of every five deaths, each year in the United States; and
21
22 WHEREAS, more deaths are caused each year by tobacco use than by all deaths from
23 human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries,
24 suicides, and murders, combined; and
25
26 WHEREAS, smoking causes coronary heart disease, the leading cause of death in the
27 United States, lung cancer, leukemia, bladder cancer, cancer of the cervix, cancer of the
28 esophagus, kidney cancer, stomach cancer, cancer of the uterus, and other forms of cancer; and
29
30 WHEREAS, second -hand smoke causes lung cancer, heart disease, ear infections, and
31 respiratory illnesses, among other ailments, and is especially harmful to children; and
32
33 WHEREAS, second -hand smoke causes serious health problems for children, including
34 bronchitis, asthma, pneumonia, ear infections, and sudden infant death syndrome (SIDS); and
35
36 WHEREAS, an estimated 88 million nonsmoking Americans, including 54% of children
37 aged 3 to 11 years, are exposed to secondhand smoke, and as a result of this exposure, each year
38 an estimated 3,000 nonsmoking Americans die of lung cancer, more than 46,000 die of heart
39 disease, and as many as 300,000 children younger than 18 months suffer from lower respiratory
40 tract infections; and
41
42 WHEREAS, every year, an estimated 56,400 nonsmoking Americans — including about
43 27 City of Orlando residents — die from heart disease and lung cancer caused by secondhand
44 smoke; and
45
Page 1 of 3
smoking resolution
46 WHEREAS, in 2002, the people of Florida amended the Florida Constitution to prohibit
47 tobacco smoking in enclosed indoor workplaces in order "to protect people from the health
48 hazards of second -hand tobacco smoke...," (sec. 20, Art. X, Fla. Con.); and
49
50 WHEREAS, in 2003, the Florida Legislature amended the Florida Clean Indoor Air Act
51 (Part II, Ch. 386, Fla. Stat.) "to protect people from the health hazards of secondhand tobacco
52 smoke and to implement the Florida health initiative in s. 20, Art. X of the State Constitution;"
53 and
54
55 WHEREAS, the Florida Clean Indoor Air Act "expressly preempts regulation of
56 smoking to the state and supersedes any municipal or county ordinance on the subject..." (sec.
57 386.209, Fla. Stat.); and
58
59 WHEREAS, in its 2011 session, the Florida Legislature amended the Florida Clean
60 Indoor Air Act to permit "school districts [to] further restrict smoking by persons on school
61 district property" (Ch. 2011 -108, Laws of Fla.); and
62
of the City of Orlando, Florida (hereinafter the "Orlando
63 WHEREAS, the City Council o ty (h
64 City Council "), hereby finds and declares that scientific evidence overwhelming and
65 conclusively finds that secondhand smoke is a serious risk to public health; and
66
67 WHEREAS, the Orlando City Council hereby finds and declares that the public health
68 risks associated with secondhand smoke are preventable; and
69
70 WHEREAS, the Orlando City Council hereby fords and declares that it is especially
71 important to protect children from secondhand smoke, and that because children often play in
72 public parks, these places are particularly vulnerable to the negative health impacts of
73 secondhand smoke; and
74
75 WHEREAS, the Orlando City Council hereby finds and declares that children enjoying
76 public parks should enjoy the right to be free from exposure to secondhand smoke; and
77
78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
79 CITY OF ORLANDO, FLORIDA, AS FOLLOWS:
80
81 SECTION 1. SECONDHAND SMOKE IN PUBLIC PLACES. The Orlando City
82 Council hereby urges all Orlandoans to consider the public health hazards associated with
83 secondhand smoke and not to smoke where children commonly play.
84
85 SECTION 2. HOME RULE. The Orlando City Council hereby urges the Florida
86 Legislature to support local home -rule power over municipally -owned property, especially
87 public parks and other public places where children play.
88
89 SECTION 3. NOTICE TO LEGISLATIVE DELEGATION. The Orlando City
90 Council hereby directs that copies of this resolution be delivered to each member of Orange
91 County's legislative delegation.
Page 2 of 3
smoking resolution
92
93 SECTION 4. SEVERABILITY. If any provision of this resolution or its application to
94 any person or circumstance is held invalid, the invalidity does not affect other provisions or
95 applications of this resolution which can be given effect without the invalid provision or
96 application, and to this end the provisions of this resolution are severable.
97
98 SECTION 5. REPEAL. All resolutions or parts of resolutions previously adopted and
99 in conflict with this resolution are hereby repealed.
100
101 SECTION 6. SCRIVENER'S ERROR. The City Attorney may correct scrivener's
102 errors found in this resolution by filing a corrected copy of this resolution with the City Clerk.
103
104 SECTION 7. EFFECTIVE DATE. This resolution takes effect immediately upon
105 adoption.
106
107 ADOPTED, by an affirmative vote of a majority of a quorum present of the City Council
108 of the City of Orlando, Florida, at a regular meeting, this day of
109 , 2011.
110
111 BY THE MAYOR OF THE CITY OF ORLANDO,
112 FLORIDA:
113
114
115 Buddy Dyer
116 Mayor
117
118 ATTEST, BY THE CLERK OF THE
119 CITY COUNCIL OF THE CITY OF
120 ORLANDO, FLORIDA:
121
122
123 City Clerk
124
125 APPROVED AS TO FORM AND LEGALITY
126 FOR THE USE AND RELIANCE OF THE
127 CITY OF ORLANDO, FLORIDA:
128
129
130 City Attorney
131 * * [Remainder of page intentionally left bl
Page 3 of 3
smoking resolution
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF ORLANDO, FLORIDA, RELATING TO PUBLIC
3 HEALTH; PROVIDING FINDINGS OF FACT RELATING
4 TO THE NEGATIVE HEALTH IMPACTS OF
5 SECONDHAND SMOKE ON PUBLIC HEALTH; URGING
6 THE CITIZENS OF ORLANDO NOT TO SMOKE IN
7 PARKS AND OTHER PUBLIC PLACES WHERE
8 CHILDREN COMMONLY GATHER; URGING THE
9 FLORIDA LEGISLATURE TO SUPPORT MUNICIPAL
10 HOME RULE POWER; PROVIDING FOR
11 SEVERABILITY, REPEAL OF CONFLICTING
12 RESOLUTIONS, CORRECTION OF SCRIVENER'S
13 ERRORS, AND AN EFFECTIVE DATE.
14
15 WHEREAS, according to the Centers for Disease Control and Prevention, United States
16 Department of Health and Human Services (hereinafter the "CDC "), tobacco use is the leading
17 preventable cause of disease, disability, and death in the United States, and
18
19 WHEREAS, the adverse health effects of cigarette smoking account for an estimated
20 443,000 deaths, or nearly one of every five deaths, each year in the United States; and
21
22 WHEREAS, more deaths are caused each year by tobacco use than by all deaths from
23 human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries,
24 suicides, and murders, combined; and
25
26 WHEREAS, smoking causes coronary heart disease, the leading cause of death in the
27 United States, lung cancer, leukemia, bladder cancer, cancer of the cervix, cancer of the
28 esophagus, kidney cancer, stomach cancer, cancer of the uterus, and other forms of cancer; and
29
30 WHEREAS, second -hand smoke causes lung cancer, heart disease, ear infections, and
31 respiratory illnesses, among other ailments, and is especially harmful to children; and
32
33 WHEREAS, second -hand smoke causes serious health problems for children, including
34 bronchitis, asthma, pneumonia, ear infections, and sudden infant death syndrome (SIDS); and
35
36 WHEREAS, an estimated 88 million nonsmoking Americans, including 54% of children
37 aged 3 to 11 years, are exposed to secondhand smoke, and as a result of this exposure, each year
38 an estimated 3,000 nonsmoking Americans die of lung cancer, more than 46,000 die of heart
39 disease, and as many as 300,000 children younger than 18 months suffer from lower respiratory
40 tract infections; and
41
42 WHEREAS, every year, an estimated 56,400 nonsmoking Americans — including about
43 27 City of Orlando residents — die from heart disease and lung cancer caused by secondhand
44 smoke; and
45
Page 1 of 3
smoking resolution
46 WHEREAS, in 2002, the people of Florida amended the Florida Constitution to prohibit
47 tobacco smoking in enclosed indoor workplaces in order "to protect people from the health
48 hazards of second -hand tobacco smoke...," (sec. 20, Art. X, Fla. Con.); and
49
50 WHEREAS, in 2003, the Florida Legislature amended the Florida Clean Indoor Air Act
51 (Part II, Ch. 386, Fla. Stat.) "to protect people from the health hazards of secondhand tobacco
52 smoke and to implement the Florida health initiative in s. 20, Art. X of the State Constitution;"
53 and
54
55 WHEREAS, the Florida Clean Indoor Air Act "expressly preempts regulation of
56 smoking to the state and supersedes any municipal or county ordinance on the subject..." (sec.
57 386.209, Fla. Stat.); and
58
59 WHEREAS, in its 2011 session, the Florida Legislature amended the Florida Clean
60 Indoor Air Act to permit "school districts [to] further restrict smoking by persons on school
61 district property" (Ch. 2011 -108, Laws of Fla.); and
62
63 WHEREAS, the City Council of the City of Orlando, Florida (hereinafter the "Orlando
64 City Council "), hereby fords and declares that scientific evidence overwhelming and
65 conclusively fmds that secondhand smoke is a serious risk to public health; and
66
67 WHEREAS, the Orlando City Council hereby finds and declares that the public health
68 risks associated with secondhand smoke are preventable; and
69
70 WHEREAS, the Orlando City Council hereby finds and declares that it is especially
71 important to protect children from secondhand smoke, and that because children often play in
72 public parks, these places are particularly vulnerable to the negative health impacts of
73 secondhand smoke; and
74
75 WHEREAS, the Orlando City Council hereby finds and declares that children enjoying
76 public parks should enjoy the right to be free from exposure to secondhand smoke; and
77
78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
79 CITY OF ORLANDO, FLORIDA, AS FOLLOWS:
80
81 SECTION 1. SECONDHAND SMOKE IN PUBLIC PLACES. The Orlando City
82 Council hereby urges all Orlandoans to consider the public health hazards associated with
83 secondhand smoke and not to smoke where children commonly play.
84
85 SECTION 2. HOME RULE. The Orlando City Council hereby urges the Florida
86 Legislature to support local home -rule power over municipally -owned property, especially
87 public parks and other public places where children play.
88
89 SECTION 3. NOTICE TO LEGISLATIVE DELEGATION. The Orlando City
90 Council hereby directs that copies of this resolution be delivered to each member of Orange
91 County's legislative delegation.
Page 2 of 3
smoking resolution
92
93 SECTION 4. SEVERABILITY. If any provision of this resolution or its application to
94 any person or circumstance is held invalid, the invalidity does not affect other provisions or
95 applications of this resolution which can be given effect without the invalid provision or
96 application, and to this end the provisions of this resolution are severable.
97
98 SECTION 5. REPEAL. All resolutions or parts of resolutions previously adopted and
99 in conflict with this resolution are hereby repealed.
100
101 SECTION 6. SCRIVENER'S ERROR. The City Attorney may correct scrivener's
102 errors found in this resolution by filing a corrected copy of this resolution with the City Clerk.
103
104 SECTION 7. EFFECTIVE DATE. This resolution takes effect immediately upon
105 adoption.
106
107 ADOPTED, by an affirmative vote of a majority of a quorum present of the City Council
108 of the City of Orlando, Florida, at a regular meeting, this day of
109 , 2011.
110
111 BY THE MAYOR OF THE CITY OF ORLANDO,
112 FLORIDA:
113
114
115 Buddy Dyer
116 Mayor
117
118 ATTEST, BY THE CLERK OF THE
119 CITY COUNCIL OF THE CITY OF
120 ORLANDO, FLORIDA:
121
122
123 City Clerk
124
125 APPROVED AS TO FORM AND LEGALITY
126 FOR THE USE AND RELIANCE OF THE
127 CITY OF ORLANDO, FLORIDA:
128
129
130 City Attorney
131 * * [Remainder of page intentionally left blank.]**
Page 3 of 3
smoking resolution
• •
1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF ORLANDO, FLORIDA, RELATING TO PUBLIC
3 HEALTH; PROVIDING FINDINGS OF FACT RELATING
4 TO THE NEGATIVE HEALTH IMPACTS OF
5 SECONDHAND SMOKE ON PUBLIC HEALTH; URGING
6 THE CITIZENS OF ORLANDO NOT TO SMOKE IN
7 PARKS AND OTHER PUBLIC PLACES WHERE
8 CHILDREN COMMONLY GATHER; URGING THE
9 FLORIDA LEGISLATURE TO SUPPORT MUNICIPAL
10 HOME RULE POWER; PROVIDING FOR
11 SEVERABILITY, REPEAL OF CONFLICTING
12 RESOLUTIONS, CORRECTION OF SCRIVENER'S
13 ERRORS, AND AN EFFECTIVE DATE.
14
15 WHEREAS, according to the Centers for Disease Control and Prevention, United States
16 Department of Health and Human Services (hereinafter the "CDC "), tobacco use is the leading
17 preventable cause of disease, disability, and death in the United States, and
18
19 WHEREAS, the adverse health effects of cigarette smoking account for an estimated
20 443,000 deaths, or nearly one of every five deaths, each year in the United States; and
21
22 WHEREAS, more deaths are caused each year by tobacco use than by all deaths from
23 human immunodeficiency virus (HIV), illegal drug use, alcohol use, motor vehicle injuries,
24 suicides, and murders, combined; and
25
26 WHEREAS, smoking causes coronary heart disease, the leading cause of death in the
27 United States, lung cancer, leukemia, bladder cancer, cancer of the cervix, cancer of the
28 esophagus, kidney cancer, stomach cancer, cancer of the uterus, and other forms of cancer; and
29
30 WHEREAS, second -hand smoke causes lung cancer, heart disease, ear infections, and
31 respiratory illnesses, among other ailments, and is especially harmful to children; and
32
33 WHEREAS, second -hand smoke causes serious health problems for children, including
34 bronchitis, asthma, pneumonia, ear infections, and sudden infant death syndrome (SIDS); and
35
36 WHEREAS, an estimated 88 million nonsmoking Americans, including 54% of children
37 aged 3 to 11 years, are exposed to secondhand smoke, and as a result of this exposure, each year
38 an estimated 3,000 nonsmoking Americans die of lung cancer, more than 46,000 die of heart
39 disease, and as many as 300,000 children younger than 18 months suffer from lower respiratory
40 tract infections; and
41
42 WHEREAS, every year, an estimated 56,400 nonsmoking Americans — including about
43 27 City of Orlando residents — die from heart disease and lung cancer caused by secondhand
44 smoke; and
45
Page 1 of 3
smoking resolution
. .
46 WHEREAS, in 2002, the people of Florida amended the Florida Constitution to prohibit
47 tobacco smoking in enclosed indoor workplaces in order "to protect people from the health
48 hazards of second -hand tobacco smoke...," (sec. 20, Art. X, Fla. Con.); and
49
50 WHEREAS, in 2003, the Florida Legislature amended the Florida Clean Indoor Air Act
51 (Part II, Ch. 386, Fla. Stat.) "to protect people from the health hazards of secondhand tobacco
52 smoke and to implement the Florida health initiative in s. 20, Art. X of the State Constitution;"
53 and
54
55 WHEREAS, the Florida Clean Indoor Air Act "expressly preempts regulation of
56 smoking to the state and supersedes any municipal or county ordinance on the subject..." (sec.
57 386.209, Fla. Stat.); and
58
59 WHEREAS, in its 2011 session, the Florida Legislature amended the Florida Clean
60 Indoor Air Act to permit "school districts [to] further restrict smoking by persons on school
61 district property" (Ch. 2011 -108, Laws of Fla); and
62
63 WHEREAS, the City Council of the City of Orlando, Florida (hereinafter the "Orlando
64 City Council "), hereby finds and declares that scientific evidence overwhelming and
65 conclusively fords that secondhand smoke is a serious risk to public health; and
66
67 WHEREAS, the Orlando City Council hereby finds and declares that the public health
68 risks associated with secondhand smoke are preventable; and
69
70 WHEREAS, the Orlando City Council hereby fords and declares that it is especially
71 important to protect children from secondhand smoke, and that because children often play in
72 public parks, these places are particularly vulnerable to the negative health impacts of
73 secondhand smoke; and
74
75 WHEREAS, the Orlando City Council hereby finds and declares that children enjoying
76 public parks should enjoy the right to be free from exposure to secondhand smoke; and
77
78 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
79 CITY OF ORLANDO, FLORIDA, AS FOLLOWS:
80
81 SECTION 1. SECONDHAND SMOKE IN PUBLIC PLACES. The Orlando City
82 Council hereby urges all Orlandoans to consider the public health hazards associated with
83 secondhand smoke and not to smoke where children commonly play.
84
85 SECTION 2. HOME RULE. The Orlando City Council hereby urges the Florida
86 Legislature to support local home -rule power over municipally -owned property, especially
87 public parks and other public places where children play.
88
89 SECTION 3. NOTICE TO LEGISLATIVE DELEGATION. The Orlando City
90 Council hereby directs that copies of this resolution be delivered to each member of Orange
91 County's legislative delegation.
Page2of3
smoking resolution
92
93 SECTION 4. SEVERABILITY. If any provision of this resolution or its application to
94 any person or circumstance is held invalid, the invalidity does not affect other provisions or
95 applications of this resolution which can be given effect without the invalid provision or
96 application, and to this end the provisions of this resolution are severable.
97
98 SECTION 5. REPEAL. All resolutions or parts of resolutions previously adopted and
99 in conflict with this resolution are hereby repealed.
100
101 SECTION 6. SCRIVENER'S ERROR. The City Attorney may correct scrivener's
102 errors found in this resolution by filing a corrected copy of this resolution with the City Clerk.
103
104 SECTION 7. EFFECTIVE DATE. This resolution takes effect immediately upon
105 adoption.
106
107 ADOPTED, by an affirmative vote of a majority of a quorum present of the City Council
108 of the City of Orlando, Florida, at a regular meeting, this day of
109 , 2011.
110
111 BY THE MAYOR OF THE CITY OF ORLANDO,
112 FLORIDA:
113
114
115 Buddy Dyer
116 Mayor
117
118 ATTEST, BY THE CLERK OF THE
119 CITY COUNCIL OF THE CITY OF
120 ORLANDO, FLORIDA:
121
122
123 City Clerk
124
125 APPROVED AS TO FORM AND LEGALITY
126 FOR THE USE AND RELIANCE OF THE
127 CITY OF ORLANDO, FLORIDA:
128
129
130 City Attorney
131 * * [Remainder of page intentionally left blank.]**
Page 3 of 3
smoking resolution