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Resolution 1992-329 I.' :"..'...../.. .,..." . . ~;. .' ... "., r~~;:' . RESOLUTION NO. 92- ~ JUNE 9, 1992 A RESOLUTION PURSUANT TO THE FLORIDA CLEAN INDOOR AIR ACT ESTABLISHING A SMOKING POLICY PROHIBITING SMOKING IN ALL COUNTY BUILDINGS, PUBLIC PLACES AND PUBLIC MEETINGS; PROVIDING DEFINITIONS; PROVIDING FOR STRICT ENFORCEMENT; PROVIDING FOR SIGNAGE; APPROVING THE AGREEMENT WITH CONSTITUTIONAL AND STATE OFFICERS; SUPER- SEDING RESOLUTION NO. 88-94; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 386.~02, Florida Statutes, provides, in part, that the purpose of the Florida Clean Indoor Air Act is to :protect the public health, comfort and environment by creating areas in pUblic places and at public meetings that are reasonably free from tobacco smoke by providing a uniform statewidn maximum code; and WHEREAS, Section 386.202, Florida statutes, further provides that the Florida Clean Indoor Air Act shall not be interpreted to require the designation of smoking areas; and WHEREAS, the Florida Attorney General has stated in opinion 89-,07 that the Florida Clean Indoor Idr. Act does not require the es1:ablishment of designated smoking II reas; and WHEREAS, there-is an emerging ~~iy of scientific evidence and research indicating that smoking and the inhalation of secondhand smoke causes health problems; and WHEREAS, the Honorable Thomas S. Reese, Chief Cir~lit Judge fOI' the Twentieth JUdicial Circuit of Florida, has issued an Order datf!d December 11, 1990 prohibiting s;noking at the Collier County Courthouse, Building ilL" citing the F'lorida Clean Indoor Air Act and studies indicating that exposure to tobacco smoke is harmful; and WHEREAS, the Collier County Sheriff, Clerk of Courts, Property Appraiser, Supervisor of Elections, Health Department and State Public Defender have all previously established smoke-free policies in their respective areas within County buildings; and WHEREAS, the Collier County Tax Collector and the State Attorney have previously established smoking p'olicies in . acc':;rdance \7ith Collier County Resolution No. 88-94; and . D(l}ucE 45 'lk '~i_~,'" ~f.-;F Y'''-, ~~~7:> ~.., . .. ~f'."'. 'l!i/ ' ~:, }fiii' 1,~,g" ;~?,~ J~~ t.y <. ., ..";'- ~:~,;:" 1~' ;'!~~j ,1!J .~.i(i' ,~r~: ~~;. f~'~~~;_ . ,;;~:;. ~i..; ,"':"t ';~" ~i:'{, ~~t H~'" ~;.;-; jl;:\ ,ii, ~. ,:~~ ,.~) ~~j, fIt" 1::.-' ..,.~.".,.. ...... .<.'" ~i;' ~~.~;' IN., r~~: ~1> r.: '; ;; 1.. JUNE 9, 1992 WHEREAS, it is the desire of the Board of County Commissioners and the constitutional and state officers that are signatories to the attached Agreement to promote a healthy environment for workers and the public and to reduce insurance and other costs related to health problems and illnesses which may be caused or exacerbated by exposure to tobacco smoke; and ~{EREAS, all of the constitutional and state officers occupying areas within County buildings hav~ agreed, as set forth in the attached Agreement, to cooperate with the Board of County Commissioners to prohibit smoking in their respective areas in County buildings; and WHEREAS, the Board of County COMmissioners, at a public hearing held on April 21, 1992 unanimously voted to ado~t a no-smoking policy for all County buildings. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COHKISSIONERS OF COLLIER COUNTY, FLORIDA, that: 8IC~I05 OHBI Definitions a. "County building(s)" means any building or a~y portion of any building owned by or leased tel the Collier County Board of County Commissioners and used for governmental purposes. b. "Public meeting" means all meetings open to the public in County buildings. c. "Public place" means all enclosed, indoor are;lS used by the general public in any County bui Iding. The term "p'lblic place" does not include areas which are not used by the general public. d. "SmOking" means possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product. SECTION TWO: Smokinq Prohibited SmOking i~ hereby prohibited at all times in all public places, at all public meetings and in all enclosed areas within any County building. SECTION THRBB: strict Administrative and Legal Enforcement This prohibition shall be str~tly enforced administratively on ;,ehalf of the Board of County Commissioners by the County II OJ)) PAGE 46 , ,",'\0. :~~> '"",, . ",.Ii' . It{ .,~H, ~~~f.\ ~i!l~'" J~'l:'" .::i(~:::.-" ;~J" ",:' :;;':. ~i J:;:;.! : .~:.-\ Mi,',; 1~ " ~.~ ... . -. ~,,:.... '~"'''\ ;, ;:;s. iJJl" t,,", '~~.""" ~~f ii",';", :" ;. ..-~" :,"'" 't :~; . 0;.;,-., r t .:~- .;~ 'I, ?~~,';.',' . ,:";;,.;~ : 'g~~ tl- ~I;",. ~~.,.( ~"., ~ :'~.~~. ~ f-.~;.':;" ... . ~. JUNE 9, 1992 Manager or his designee and shall also be strictly enforced by the constitutional and state officers, or their designees, for violations occurring in areas within County buildings occupied by said constitutional or state officers. All violations of this Resolution prohibiting smOking in County buildings shall also be considered to be a violation of the Florida Clean Indoor Air Act, Sections 386.201 - 386.209, Florida statutes, and subject to the penalties provided therein. 8BC'l'I01I I'omu Siqnage Tho Facilities Man~gement Director. shall post signs in all County buildings indicating that smoJ~ing is prohibited pursuant to this Reoolution and the Florida Clean Indoor Air Act. SBCTIO. I'IVEI Aqr....nt with Constitutional and state Officers Tho Board of County Commissioners hereby approves the att.ached Agreement with other constitutional and state officers and authorizes the Chairman to execute said Agreement. The Agrllement provides that this Resolut!..:m shall prohibit smOking in all County buildings, public places f',lld public meetings pursuant to the Florida Clean Indoor Air Act, ;;ections 386.201 - 386.209, Florida statutes. SBCTI05 SIXI Collier County a..olution 50. 88-9. Super..484 Collier County Resolution No. 88-94 is hereby supel":seded in itl; entirety. 8BCTIOH SBVBKI Effective Oate This Resolution shall become effoctive on July 1, 1992. This Resolution adopted after motion, second and majority vote favoring same. DATED' "~~~2- ", ~ .} ) /I J} , ' ., . . I' ,'ATTF..8T: '. "? ) ~... JAKES c. G"IQ:s, CLERK ~; :-: :.'. f~. , .... =- . 1, .~:~ ' ',~ Wh~- _ Q~L ~ '. ,. . ........... '7 ':' ~pp;('oyed ,,~Ito 'form and legal 'suf:~ lciency: ~'7 . ~L ...d2:zz1..ot L.-J . ro Ma~alic II COOP1GE Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 47 -3- .JUJm I, 1112 AcmEBKBllT PROHIBITINQ SMOltINQ III ALL COUlC'l'Y BUXLDIROS This AGREEMENT prohibiting smoking in all Collier County buildings, made and entered into on this ~day of <J~-w, ~ 1992 by and between the undersigned constitutional ~ and state otficers, hereinatter called "Officers," and the COllier County Board ot County Commissioners, hereinafter called me "Board": WHEREAS, Section 386.202, Florida statutes, provides, in pertinent part, that the purpose of the Florida Clean Indoor Air Act is to protect the public health, comfort and environ- .ent by creating areas in public place!l and at public meetings that are reasonably free from tobacco 1Jmoke by providing a uniform state~ide maximum code; and WHEREAS, Section 386.202, Florida statutes, further provides that the Florida Clean Indoor Air Act shall not ,. int("l-preted to require the designation ot smoking areas; .1nd WEREAS, the Florida Attorney Ger;.!ral has stated in opinion 89-07 that the Florida Clean Indoor Air Act does not require the establishment of designate!l smoking areas; and WHEREAS, Section 386.204, Florida Statutes, provides, in pertinent part, that no person may smoke in a pUblic place or at a public meeting except in designated smoking areas; and WHEREAS, Section 386.205, Florida Statutes, also provides, in pertinent part, that smoking areas may be designated by the person in charge of a public place (~phasis added); and pagll c6llJ mt 48 ~ \ .rmra ., 1..2 ~ the Board and the Officers wish to avoid any unnecessary and divisive questions regarding the authority conferred by Sections 386.204 and 386.205, Florida Statutes, to prohibit smoking in County buildings; and WHEREAS~ the Honorable Thomas S. Reese, Chief Circuit Judge for the Twentieth Judicial Circ1.dt of Florida, has issued an Order datf!d December 11, 1990 prohibiting smoking at the Collier County Courthouse, Building "L" citing the Florilla Cle~n Incloor Act and studies indicatinq that exposure to tob~cco smoke is harmful; and WHEREAS, the Collier County Sheriff, Clerk of Courts, Pro~~rty Appraiser, Supervisor of Elections, Health Department and state Public Defender have all pr0viously established a'aOke-free policies in their respective areas within County buildings; and WHEREAS, the Collier County Tax Collector and the State Att<'rney have previously established smokinq polioies in accordance with Collier County Resolution No. 88-94; and WHEREAS, it is the desire of thtl Board of County Commissioners and the constitutional ~nd state officers that are signatories to the attached Agreement to promote a healthy environment for workers and the public and to reduce insurance and other costs related to health problems and illnesses which may be caused or exacerbated by exposure to tobacco smoke; and WHEREAS, all of the constitutional and state officers occupying areas within County buildings have agreed, as set ~orth in the attached Agreement, to cooperate with the Board of ~ Page 2 of 5 . VOOfln m ,. \ .~:,'. ~ t..~ ',". ::~~,':'lr.." , . ,~' ',,:t'. ;' ,.,... i., ~ ,;i~. ,;~'. .~~ 'f' ~,', ~~':.'.f" tt; ~:...'''' \~~ \t~.5 J"DD I, 1112 County Commissioners to prohibit smoking in their respective areas in County buildings; and WHEREAS, the Board of County Commissioners, at a public hearing held on April 21, 1992 unanimously voted to adopt a no-smoking policy for all County buildings. NOW, THEREFORE, in consideration of the mutual promises, tenus and conditions, and provisions <:ontained herein, the parties hereto agree as follows: 1. Smoking Prohibited The Officers hereby agree and consent to the Board passing a Resolution prohibiting smoking at all times, in all pUblic places, at all pUblic meetings and in all enclosed areas within any County building. Said pr~- hibition shall extend to all aree:s in all County bulldings which are occupied -and/or used fr.lr any purpose by any Officer. Said prohibition shall be enacted by Resolution of the Board in accordance with the Florida Clean Indoor Air Act, Sections 386.201 - 386.209, Florida Statut.!s. 2. Strict Administrative ~\nd Legal Enforceme;lt It is agreed that the smoki:-"g prohibition mentioned in Section 1 above shall be strictly enforced adminis- tratively on behalf of the Board of County Commissioners by the County Manager or his designee and shall also be strictly enforced by the constitutional and state offi- cers, or their designees, for violations occurring in areas within County buildings occupied by said constitu- tionalor state officers. All violations of the smoking Page 3 of 5 II OGO PAGE 50 ,. , JtJJm I, 1112 prohibition in County buildings shall also be considered to be a violation of the Florida Clean Indoor Air Act and subject to the penalties provided therein. The Officers and the Board agree to take immediate action with respect to any reported violations occurring within their respec- tive areas within County building~ and to take any actions and follow any procedures which nre necessary and proper to cause any violations to cease, including legal and administrative remedies. 3. signage It is agreed that the Collier County Facilities Management Director shall, in consultation with and with the approval of the Officers, post appropriate signs in all County buildings indicating lhat smoking is prohibited pursuant to Res91ution of the Board and the Florida Clean Indoor Act. 4. Effective Date and Duration of Agreement This Agreement shall be effective July 1, 1992 and shall continue in effect as to each Officer and the Board until terminated by each Officer or the Board. 5. Termination of Agreemel,t The Board or any individual Officer may terminate this Agreement upon ninety days written notice provided to all other signatories to this Agreement. Said termination shall be effective only as to the particular party furnishing the Notice of Termination and shall not affect the remaining parties under this Agreement. Page 4 of 5 II OCOmt 51 ,.. , ~~ki~; ~~ ~rt ppraiser ~o .owsk * Public Health JUD st, lMI IN WITNESS WHEREOF, the parties have caused this Aqr.ement to be executed on the day and year first above written. DOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 'v1:l~~~~ MIC.iAEL J.t ~~L Chairman "/?# :z-- , 1992 '~ G les c"'~~ arlton Tax C lector 'r7:n}, ~t 1}. \n~ Mary w. organ I Supervisor of Eleqtions ~ OI...e.Q. Q.J <ll~~ Stephen A. O'Br en Vending Specialist 'J',~ A~~ State of Florida \ -LJV ~ Division of Blind Services 0 f.),~ IE'N Denise Coleman, Director Agriculture Extension Page 5 of 5 II COO PAGE 52 30D I, 1112 .. .'" , , .< . . !\' ~ ~"~ OFF/:':- tl~' ~:'~C' C "'oo '-'. . Ot'~lT'.' . - ~" ' . J. , . i ; '. .,.... C2 " 'n _ ~ ,.. 'I ". . . ., \"'..1 .J " .~ : t;: FLORIDA DEPARTMENT OF EDUCATION Betty Castor Commlulontf cI Educlllon Luther IJOn DiItrict Administrator Division of Blind ServlCfS 33901 ~'"" '" "I~, ,.'.?~~~~: ",,; , '".,.' This letter is in reference to your our conversation abou'; sianina the no emokina policy aareement. Steve Tillis, the actina manaaer of the enack bar at the Collier County affine build1na is authorized to sian for myself as the reprosentative for the Division of Bl1rd Services. This is for the sianina of this no emokina poltcy only. Should yOU have any problems or questions with this, pleue let me know. ); You, .i- LJ ~/f - 'I~J _ Stepllen" A. O"Brien Vendjna Specialist II OCO Pl~E 53 2133 Winkler Avenue - Fourth Roor - Ft. Myers. Florida 33901- (813) 218-7130 An dlirm.1Uve Ktion/tqWll opportunity rmployrr . ,:~ .' '.... ",'.\k,n,: " :"~~I;f;, ' .." '/-,,!","'," -'. ~f:t ;' C:-L ," of?