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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-00075 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING GOVERNOR RICK
SCOTT AND THE MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT
HOUSE BILL 153 AND SENATE BILL 224 EXTENDING THE CURRENT
PROHIBITIONS RELATING TO TOBACCO PRODUCTS FOR PERSONS UNDER
THE AGE OF EIGHTEEN, BY PROHIBITING THE SALE, GIFTING, POSSESSION
OR USE OF NICOTINE VAPORIZERS AND LIQUID NICOTINE DISPENSING
DEVICES, INCLUDING ELECTRONIC CIGARETTES, TO AND BY PERSONS
UNDER THE AGE OF EIGHTEEN; DIRECTING THE CITY CLERK TO TRANSMITA
COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, new, unregulated high-tech nicotine vaporizers, sometimes referred to as electronic
cigarettes or e-cigarettes, have recently been made available to consumers, including minors, allow
users to inhale vaporized liquid nicotine created by heat through an electronic ignition system, and the
vapors are expelled via a cartridge that usually contains a concentration of pure nicotine; and
WHEREAS, after inhaling, the user then blows out the heated vapors producing a "cloud" of
undetermined substances; and
WHEREAS, a majority of State Attorney Generals recently sent a letter to the Food and Drug
Administration ("FDA") urging the agency to regulate electronic cigarettes in the same way it regulates
tobacco products stating that e-cigarettes are being marketed to children through cartoon -like
advertising characters and by offering fruit and candy flavors, much like cigarettes were once
marketed to attain new smokers; and
WHEREAS, the FDA and public health advocates have warned these flavorings are purposefully
meant to appeal to and attract young people and are commonly referred to as "training wheels" for
traditional cigarettes; and
WHEREAS, studies show that adolescents can become addicted to nicotine after ingesting the
equivalent of 20 traditional cigarettes, the amount traditionally available in a single pack which can lead
young people into a lifetime of nicotine addiction; and
WHEREAS, in the United States, more than 90% of current adult smokers began smoking before
the age of 18 and the younger an individual is when he or she experiments with smoking, the more
likely he or she is to become a regular or daily smoker; and
WHEREAS, two-thirds of children who begin smoking in the sixth grade become regular adult
smokers, and almost half (46%) of those who initiate smoking in the eleventh grade become regular
adult smokers; and
WHEREAS, the percentage of United States middle and high school students who use electronic
cigarettes, or e-cigarettes, more than doubled from 2011 to 2012, according to data published by the
City of Miami Page 1 of 2 File Id: 14-00075 (Version: 1) Printed On: 1/30/2014
File Number: 14-00075
Centers for Disease Control and Prevention; and
WHEREAS, the City Commission supports House Bill 153 and Senate Bill 224, which provides
for an amendment to the Florida Statutes to extend the current prohibitions relating to tobacco
products for persons under the age of eighteen (18), to prohibit the sale, gifting, possession or use of
nicotine dispensing devices, that includes electronic cigarettes, to and by persons under the age of 18;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges Governor Rick Scott and the members of the Florida
Legislature to support House Bill 153 and Senate Bill 224 extending the current prohibitions relating to
tobacco products for persons under the age of eighteen, by prohibiting the sale, gifting, possession or
use of nicotine vaporizers and liquid nicotine dispensing devices, including electronic cigarettes, to and
by persons under the age of eighteen.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to Governor Rick Scott,
Senate President Don Gaetz, the Speaker of the House Will Weatherford, the members of the Florida
Legislature, Mayor Carlos Gimenez and the Members of the Miami -Dade County Commission.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
APP 'OVEDAS TO FARM AND CORRECTNESS:
7 1_1`-*--r0 G`- -\)-t5�
VId`TORIA IViENDEZ
CITY ATTORNEY
J
Footnotes:
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted
and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the city Commission.
City of Miami Page 2 of 2 File Id: 14-00075 (Version: 1) Printed On: 1/30/2014