Resolution 1998-062
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RESOLUTION NO. 1)8- ~
RESOLUTION FOR REPEAL OF PREEMPTION LANGUAGE
IN TilE FLORIDA CLEAN INDOOR AIR ACT, CIIAPTER 38(,.
PART II. FLORIDA STATUTES.
WHEREAS. studies inform that cigarette smoking kills more Americans each year than
alcohol. cocaine. heroine. munler. car accidents. and AIDS cOlT'bined; and
WHEREAS. reportedly 31.204 pc .ple from Florida die of tohaceo-caused diseases each
year; and
WHEREAS. secondhand smoke inhaled by nonsmokers can cause serious health
problems. especially among children; and
WHEREAS. rates of smoking among children in Florida arc increasing. according to the
Centers Illr Disease Control and Prewl1tion; imd
WIIEREAS. slatistical studies indic:lte that e"ery thirty seconds a child in Florida smokes
for the first time. and one-thinl of these new smokers will eventually die oftob3cco-rclated
diseases; and
WHEREAS. the tOh3CCO industry reportedly has. as a Icgisl3tive strategy. the removal of
local authority to regulate tobacco; and
\VHEREAS. citizens in local communities believe they should have the power to prolect
themselves from secondhand smoke ami protect children from tobacco; and
WIIEREAS. the Board of County Commissioners of Collier County is seriously
concerned ahout the health hazards of smoking and the use of to hac co by children; and
WHEREAS. the current laws ortlle Stute of Florida. including the Florida Clean Indoor
Air Act. Chapter 38(,. Part II, Florioa Statutes, preempt local regulation of tobacco use; and
WHEREAS. the Board of County Commissioners of Collier County helieves that rights
should he vested in local communilies to enact and enforce stronger tobacco-related ordinances if
they choose to do so.
NOW. THEREFORE, BE IT RESOLVED thallhe Board of County Commissioners of
Collier County. Florida. exhorts the Florida Legislalure to enact legisl3tion to repeal the
preemption language in the Florida Clean Indoor Air Act and return the right to local
communities to further enact and enforce slrongcr tobacco-related ordinances if they choose to
do so.
AND BE IT FURTHER RESOL VED,lhatthe Board of County Commissioners of
Collier County. Florida. encourages other counties and municipalities in Florida 10 adopl similar
resolulions.
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AND BE IT FURTHER RESOLVED. that the County Clerk is hereby directed to
distribute copies of this Resolution to the Governor and Lieutenant Governor of Florida, to the
Collier County Legislative Delegation, and to lhe Florida Dcpartment of Health.
This Resolution adopted aftcr motion, second and majority vote.
DATED:.::. : .fJ
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
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BY:' ,~. ''$\.m .,,' \.
BARBAAA B. BERRy.-cHA~
Approved as to form and
legal sufficiency:
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David C. Weigel -l5
County Auorncy
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