Miami-Dade Legislative Item
File Number: 152082
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File Number: 152082 File Type: Resolution Status: Adopted
Version: 0 Reference: R-1003-15 Control: Board of County Commissioners
File Name: SMOKE-FREE POLICY FOR ALL MULTI-FAMILY PUBLIC HOUSING Introduced: 9/10/2015
Requester: NONE Cost: Final Action: 11/3/2015
Agenda Date: 11/3/2015 Agenda Item Number: 11A8
Notes: Title: RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO (1) DEVELOP, IN CONSULTATION WITH THE RESIDENTS AND RESIDENT COUNCILS, A SMOKE-FREE POLICY FOR ALL MULTI-FAMILY PUBLIC HOUSING AND AFFORDABLE HOUSING DEVELOPMENTS OWNED AND OPERATED BY MIAMI-DADE COUNTY, (2) TO SURVEY AND HOLD COMMUNITY MEETINGS WITH THE RESIDENTS, THE RESIDENT COUNCILS AND THEIR ADVOCATES, (3) AS IT RELATES TO THE PUBLIC HOUSING PROGRAM, INCORPORATE SUCH SMOKE-FREE POLICY INTO THE COUNTY’S FISCAL YEAR 2016-2017 PUBLIC HOUSING AGENCY PLAN, ADMISSIONS AND CONTINUED OCCUPANCY POLICY, PUBLIC HOUSING COMMUNITY POLICIES AND PUBLIC HOUSING LEASE, SUBJECT TO THE BOARD’S APPROVAL, (4) TO AMEND LEASES AND COMMUNITY POLICIES FOR COUNTY-OWNED MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT TO INCORPORATE SUCH SMOKE-FREE POLICY, SUBJECT TO THE BOARD’S APPROVAL, AND (5) PROVIDE A 30-DAY PUBLIC COMMENT PERIOD REGARDING THE SMOKE-FREE POLICY IN ACCORDANCE WITH APPLICABLE LAWS, REGULATIONS, NOTICES AND THIS RESOLUTION; URGING PRIVATE PROPERTY OWNERS PARTICIPATING IN THE COUNTY’S SECTION 8 HOUSING CHOICE VOUCHER AND SECTION 8 MODERATE REHABILITATION PROGRAMS TO IMPLEMENT SMOKE-FREE POLICIES FOR THEIR MULTI-FAMILY PROPERTIES; AND DIRECTING MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT TO POST THIS RESOLUTION ON THEIR WEBSITE, TO INCLUDE SAME IN THEIR ORIENTATION PACKAGES FOR PRIVATE PROPERTY OWNERS, AND PROVIDE ANY ADDITIONAL INFORMATION TO SUCH OWNERS
Indexes: PUBLIC HOUSING
  SMOKING
Sponsors: Jean Monestime, Co-Prime Sponsor
  Sally A. Heyman, Co-Prime Sponsor
  Esteban L. Bovo, Jr., Co-Sponsor
  Juan C. Zapata, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/3/2015 11A8 Adopted P
REPORT: Chairman Monestime relinquished the Chair to Vice Chair Bovo. Commissioner Monestime noted this item aimed to help improve the health of residents in Miami-Dade County. He said he believed that the Board had a moral responsibility to ensure that the County’s most vulnerable residents were protected. He stated that this item was not intended to tell people whether they should smoke; rather it aimed to protect residents who were affected involuntarily by the decisions of those who smoked in multi-family public housing. Commissioner Monestime noted in February 2015 the Center for Disease Control published its vital signs report on second-hand smoke, which found that two in five children, and seven in ten Black children, were exposed to second-hand smoke; and that people who lived in public housing were especially affected by second-hand smoke, particularly children, the elderly, and people with disabilities. He stated that according to the United States Surgeon-General tobacco smoke could move along air ducts, through cracks in the walls and floors, through elevator shafts, and along plumbing and electrical lines affecting units that were nearby and even on other floors. He pointed out that unlike in single-family homes, an individual’s smoking decision affected others. Commissioner Monestime noted it was known that these vulnerable populations were more likely than those with higher incomes to be diagnosed with major chronic health conditions; and they were disproportionately affected by the adverse effects of environmental smoke, such as being diagnosed with respiratory illness, heart disease and cancer. He said that these health gaps contributed to disparities and lack of life expectancy between the haves and the have-nots. Commissioner Monestime stated that reducing risk factors like smoking and exposure to second-hand smoke was smart policy. He said last choice housing should not be a death sentence; families were in public housing because it was their last or only choice for housing, and they expected to be safe. He pointed out that they did not have the flexibility to relocate, as people with money could do; they may not have health insurance, and often were unable to take time off from work. Commissioner Monestime noted this resolution did not create a new policy; it simply instructed the Public Housing and Community Development Department to work with residents to develop a smoke-free policy for all multi-family public and affordable housing. He said that he had invited a few guest speakers to address this issue. Dr. Lilian Rivera, 8175 NW 12th Street, Doral, Administrator, Florida Department of Health, recalled that the County Commission and the community made a commitment to ensure the improvement of County residents’ health; and the proposed resolution was in furtherance of this plan. She stated that tobacco remained the leading preventable cause of death in the world. Dr. Rivera said that second-hand smoke was of great concern in relation to public housing; it killed more than 40,000 Americans each year, and caused serious health problems in adults, such as cancer and heart disease. She stated that the children exposed to second-hand smoke were frequently more affected by asthma and other respiratory infections. Dr. Rivera noted the implementation of this proposed resolution would be at no cost to the County because the Health Department had received $3.3 million in grant funds to be used in part to cover smoke-free initiatives in public housing. She stated that she made the commitment on behalf of the Health Department to work with the Public Housing Authority to ensure that people’s rights were not infringed, by providing designated smoking areas. Dr. Rivera said that public awareness and education campaigns would be undertaken, and cessation products would be provided, free of charge. She stressed that the science was irrefutable that tobacco killed, and second-hand smoke also killed. Dr. Uje Aluko (phonetic spelling) 8261 SW 128th Street, Miami, Public Housing Director, stated that the United States Department of Housing and Urban Development (US-HUD) strongly encouraged public housing authorities to implement smoke-free policies. He noted currently 500 public housing authorities nationwide implemented some type of smoke-free policy. He pointed out that in addition to the health concerns, safety was also an issue. Dr. Aluko stated that fires in public housing facilities were typically due to smokers. He explained the economic benefits of a smoke-free policy, as it was easier to clean and rent a unit which was smoke-free. He said that smoke-free housing could reduce the operating costs of the public housing authorities. Dr. Aluko noted the lower risk of fires suggested that insurance costs would be lower. He indicated that in South Florida, 12 of the 50 public housing authorities had some type of smoke-free policy. Dr. Bob Cook, 909 SE 1st. Ave., Miami, Senior Management Analyst, United States Department of Housing and Urban Development (US-HUD), noted he wished to echo Dr. Aluko’s comments. He stressed the importance of protecting the health and safety of the residents of public housing. He pointed out that second-hand smoke could not be contained; and residents preferred smoke-free housing. Dr. Cook stated that the over-arching goals were to improve the health of the public housing residents, reduce the risks of catastrophic fires, and lower the maintenance and renovating costs. Commissioner Jordan noted when she initially pulled the item, she was concerned that individuals in private housing had fewer rights than individuals in private housing. She also expressed concern regarding who would be responsible to enforce the policy, and how it would be enforced. Commissioner Jordan said she would have to wait for the policy to be drafted before deciding whether or not she could support it. She said that her biggest concern would be the types of penalties that would be imposed. She expressed her agreement with the fact that the resident councils would be involved in the process of developing the policy. Commissioner Edmonson said she believed that there should be a smoke-free policy for the common and public areas; however, she was concerned about imposing a smoke-free policy on the units. She noted she was not promoting smoking, but she was promoting civil rights. Commissioner Edmonson stated that when someone was home, they should be able to do anything that was legal. She expressed concern that developers would have to enforce this policy, and someone could be evicted from their units for smoking. She suggested adopting a policy that emphasized awareness raising and education. Commissioner Sosa said she agreed with Commissioners Jordan and Edmonson that the proposed resolution would penalize poor people. She expressed the opinion that government should not interfere in people’s private lives, and set the rules regarding what individuals should be able to do in their homes. Commissioner Sosa referred to a disastrous experience with a smoke-free policy in one of the islands. She suggested placing the emphasis on awareness raising and education; and that some floors be designated as being smoke-free. Commissioner Heyman noted this debate highlighted several important issues, such as personal freedoms, respect for individuals, property rights; but it also made clear that residents had to abide by the conditions that were attached to their leases. She said she would support this item which was asking the Administration to develop a smoke-free policy in consultation with the residents and resident councils. Commissioner Heyman pointed out that when residents smoked in their units, the same air was circulating in all units throughout the building; and one individual’s personal choice could affect other residents. Commissioner Diaz noted he recently visited a friend who lives in a very expensive apartment building, and the residents are not allowed to smoke in their units. He inquired whether the residents would be allowed to smoke in certain designated areas. Commissioner Monestime clarified that the item was requesting the Administration to work with the resident councils to develop the policy. He noted in the event they decided to ban smoking in the buildings, they could still designate certain smoking areas in the buildings. In response to Commissioner Moss’ question as to whether this item would allow for a policy that required some smoke-free units to be set aside in public housing as opposed to the entire building being smoke-free, Assistant County Attorney Terrence Smith advised that currently the resolution only allowed for a designated area outside of the building for residents who wished to smoke; however, the item could be amended to require that the Administration consider setting aside certain smoke-free units in public housing. Responding to Commissioner Moss’ question regarding whether this item was directing the Administration to develop a smoke-free policy in public housing, even if the resident councils did not wish such a policy, Assistant County Attorney Smith advised that as a Public Housing Authority, the County was required to consult with the resident councils when developing a new policy. He said that while the County was encouraged to take their comments into consideration, the policy that was ultimately developed did not necessarily have to be consistent with those comments. Pursuant to Commissioner Moss’ question as to whether the County Commission could reject the policy that was put forth by the Administration, Assistant County Attorney Smith explained that because this was not a federal mandate, the County Commission had the sole discretion to accept or reject the policy that would be developed by the Administration. Commissioner Moss said that he would support the foregoing proposed resolution; however, he would prefer to put the emphasis on awareness raising and education, and setting aside some smoke-free units in public housing. Vice Chairman Bovo noted public housing was always seen as a temporary solution to help individuals who were in a difficult financial situation until they were able to get back on their feet. However, he said, the reality was that some individuals remained in public housing for years. Vice Chairman Bovo expressed his strong belief in personal freedoms, but he pointed out that they also entailed personal responsibility. He stated that he co-sponsored the item because it was simply asking the Administration to develop a smoke-free policy with the resident councils; in addition, it had an education component. Commissioner Jordan noted each of the housing developments had a tenant council. She inquired whether the Overall Tenant Advisory Council, Inc. (OTAC) was still active, and if this item would be submitted to OTAC for approval and review. Mr. Michael Liu, Director, Public Housing and Community Development (PHCD), confirmed that the County had an agreement with OTAC which required the Housing Authority to accept consultation and input from OTAC on policy and programs. Assistant County Attorney Smith advised that as a Public Housing Authority the County had an obligation to consult with OTAC on all housing policies, along with the resident councils designated for each public housing development. Commissioner Jordan requested that the policy that would be developed include comments made by OTAC in its review. Pursuant to Commissioner Sosa’s suggestion that the item be amended to require the policy, once developed to be presented to the County Commission for approval, Assistant County Attorney Smith advised that the Administration did not have the authority to adopt a policy; the Board had sole authority to adopt a public housing policy. Responding to Commissioner Levine Cava’s question regarding a timeline for the Administration to present the policy to the County Commission, Assistant County Attorney Smith noted the item anticipated that it would be presented to the County Commission during the 2016-2017 Public Housing Authority plan lease review. Commissioner Edmonson reiterated that she was not concerned with the common areas, but rather with the units. She said that she did not wish to penalize people because they were poor. She pointed out that the meetings with the resident councils would not include all of the residents; and she suggested that all residents be included in the public meetings. Hearing no further questions or comments, the Board proceeded to vote on the foregoing proposed resolution, as presented. Chairman Monestime resumed the Chair.

Economic Prosperity Committee 10/15/2015 2H Forwarded to BCC with a favorable recommendation P
REPORT: Chairman Suarez introduced the foregoing proposed resolution into the record and subsequently opened the public hearing. The following individuals appeared before the Committee: 1. Ms. Nancy Hernandez, Chairperson for the Tobacco-Free Workgroup on the Consortium for a Healthier Miami-Dade, 340 Giralda Avenue, Coral Gables FL spoke in support of the foregoing proposed resolution. 2. Madame Renita Holmes, 350 NW La Brea Place, Miami FL voiced her concerns regarding clauses included in lease agreements entered into by public housing tenants and how the foregoing proposed resolution would affect tenants, specifically those who smoke. Commissioner Sosa stated that she was concerned about the item and how it related to senior/elderly housing developments. She expressed reservations about implementing policy that would prohibit the consumption of a legal product and spoke about the emotional stress such a policy could cause residents particularly if the proper facilities, such as designated smoking areas, were not available. Commissioner Sosa stated that she believed education would be a more effective means of promoting a “smoke-free” environment/residence. Board of County Commissioners’ (BCC) Chairman Monestime explained the intent of the foregoing proposed resolution and noted that the item, as it was currently written, would not prohibit smoking by residents but called for the Public Housing and Community Development Department (PHCD) to work with the residents and the resident council in formulating a policy. Responding to Commissioner Sosa’s question about whether the foregoing proposed item included the implementation of designated smoking areas, Executive Director for Miami-Dade Public Housing and Community Development (PHCD) Michael Liu, explained that his staff would work alongside the residents and the resident council to develop plans specific to each housing facility. Commissioner Sosa stated that she could not support the foregoing proposed resolution as it was currently presented. Assistant County Attorney Terrence Smith directed the Committee members’ attention to page 8, Section 2, Condition D of the foregoing proposed item which requires the “smoke free” policy to include “information on designated areas where smoking will be allowed.” Commissioner Sosa advised her colleagues that she would support the foregoing proposed resolution if there was specific language guaranteeing the identification and implementation of designated smoking areas for all housing developments. Assistant County Attorney Smith assured the Committee members that the intent of the foregoing proposed item was to include designated smoking areas at all public housing facilities. Discussions ensued between Commissioner Sosa and Mr. Liu regarding the County Attorney’s Office representations and interpretation of the language pertaining to the identification and designation of smoking areas. Commissioner Edmonson stated she believed parents should be responsible for teaching children about the dangers associated with smoking and expressed concerns about the far reaching effect of the foregoing proposed resolution on homeowners. She indicated that she could not support implementing policy that would dictate what a person could or could not do in their own residence and spoke of the precedence such a policy would create moving forward. Commissioner Edmonson noted that she concurred with Commissioner Sosa’s regarding the designation and implementation of specific smoking areas at all public housing developments. Commissioner Levine Cava acknowledged the concerns and reservations expressed by her colleagues but noted that public housing developments were County commodities. She voiced her support for imposing restrictions and for the foregoing proposed item. Responding to Commissioner Barreiro’s question regarding which council would be involved in the decision making process, Mr. Liu clarified that staff would meet with the residents and the local resident’s council for the development to determine the location of the designated smoking area for the specific community. Commissioner Sosa fully concurred with Commissioner Edmonson’s concerns regarding implementation of policy which would dictate resident’s behaviors in their own homes and the precedent such a policy would set. She reiterated her belief that education was the answer to the issue at hand and restated that she was not in support of the foregoing proposed resolution. BCC Chairman Monestime stated that he understood the concerns expressed by his colleagues but noted that similar policy was already adopted and implemented at many public institutions such as schools, hotels and hospitals. He pointed out that the program did include an educational component which encouraged the distribution of nicotine patches and other helpful resources. BCC Chairman Monestime noted that the foregoing proposed resolution did not involve the implementation of any policies but merely recommended that staff meet with residents to formulate policy. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed resolution, as presented. Commissioner Barreiro urged staff to consider locating designated smoking areas in central locations particularly in larger housing communities with an elderly population.

County Attorney 9/10/2015 Referred Economic Prosperity Committee 10/15/2015

County Attorney 9/10/2015 Assigned Terrence A. Smith 9/30/2015

Legislative Text


TITLE
RESOLUTION DIRECTING THE COUNTY MAYOR OR THE COUNTY MAYOR’S DESIGNEE TO (1) DEVELOP, IN CONSULTATION WITH THE RESIDENTS AND RESIDENT COUNCILS, A SMOKE-FREE POLICY FOR ALL MULTI-FAMILY PUBLIC HOUSING AND AFFORDABLE HOUSING DEVELOPMENTS OWNED AND OPERATED BY MIAMI-DADE COUNTY, (2) TO SURVEY AND HOLD COMMUNITY MEETINGS WITH THE RESIDENTS, THE RESIDENT COUNCILS AND THEIR ADVOCATES, (3) AS IT RELATES TO THE PUBLIC HOUSING PROGRAM, INCORPORATE SUCH SMOKE-FREE POLICY INTO THE COUNTY’S FISCAL YEAR 2016-2017 PUBLIC HOUSING AGENCY PLAN, ADMISSIONS AND CONTINUED OCCUPANCY POLICY, PUBLIC HOUSING COMMUNITY POLICIES AND PUBLIC HOUSING LEASE, SUBJECT TO THE BOARD’S APPROVAL, (4) TO AMEND LEASES AND COMMUNITY POLICIES FOR COUNTY-OWNED MULTI-FAMILY AFFORDABLE HOUSING DEVELOPMENT TO INCORPORATE SUCH SMOKE-FREE POLICY, SUBJECT TO THE BOARD’S APPROVAL, AND (5) PROVIDE A 30-DAY PUBLIC COMMENT PERIOD REGARDING THE SMOKE-FREE POLICY IN ACCORDANCE WITH APPLICABLE LAWS, REGULATIONS, NOTICES AND THIS RESOLUTION; URGING PRIVATE PROPERTY OWNERS PARTICIPATING IN THE COUNTY’S SECTION 8 HOUSING CHOICE VOUCHER AND SECTION 8 MODERATE REHABILITATION PROGRAMS TO IMPLEMENT SMOKE-FREE POLICIES FOR THEIR MULTI-FAMILY PROPERTIES; AND DIRECTING MIAMI-DADE PUBLIC HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT TO POST THIS RESOLUTION ON THEIR WEBSITE, TO INCLUDE SAME IN THEIR ORIENTATION PACKAGES FOR PRIVATE PROPERTY OWNERS, AND PROVIDE ANY ADDITIONAL INFORMATION TO SUCH OWNERS

BODY
WHEREAS, in February 2015, the Centers for Disease Control published its Vital Signs report on secondhand smoke, which includes but is not limited to the following findings: (1) one in four nonsmokers (58 million people) in the United States are exposed to secondhand smoke; (2) two in five children (including seven in ten Black children) are exposed to secondhand smoke; (3) one in three nonsmokers who live in rental housing are exposed to secondhand smoke; (4) secondhand smoke exposure is more common among children ages three to 11, Blacks, people living below the poverty level, and those who rent housing; (5) about 80 million Americans live in multi-unit housing and can be exposed to unwanted secondhand smoke in their home; and (6) people who live in public housing are especially affected by secondhand smoke, including children, the elderly, and people with disabilities; and
WHEREAS, the United States Surgeon General has stated that there is no risk-free level of exposure to secondhand smoke and the best way to keep children and adults safe from secondhand smoke is to ban all smoking indoors; and
WHEREAS, nationwide there are more than 1.2 million families who reside in public housing of which there are approximately 39 percent of the public housing residents who are between the ages of zero to 17 and approximately 15 percent who are 62 or older (the “Vulnerable Population”); and
WHEREAS, this Vulnerable Population represents a population that could be at increased risk to the adverse effects of environmental tobacco smoke, especially those residents who suffer from chronic diseases such as asthma and cardiovascular disease; and
WHEREAS, the effects of smoking can cause respiratory illness, heart disease, cancer, other adverse health effects and death for those living in neighboring residences; and
WHEREAS, Miami-Dade County (the “County”), which is a “public housing agency” as defined in the United States Housing Act of 1937 (42 U.S.C. § 1437 et seq., as amended), is the owner and operator of 12 public housing asset management projects (which include a total of 9,314 units) subsidized by United States Department of Housing and Urban Development (“HUD”); and
WHEREAS, HUD also provides subsidy to the County to administer such programs as the Section 8 Housing Choice Voucher and Section 8 Moderate Rehabilitation programs; and
WHEREAS, in addition to these federally subsidized housing programs, the County also owns other multi-family affordable housing developments, which are rented to low and moderate income families and individuals; and
WHEREAS, the County, as a landlord and the administrator of the before-mentioned housing programs, owes a duty to the families and individuals who participate in these programs to ensure that the housing units in which live, whether publically or privately owned, are decent, safe and sanitary and provides protections for the public’s health; and
WHEREAS, on May 29, 2012, HUD published Notice PIH-2012-25 (the “HUD Notice”), which strongly encourages public housing authorities (“Housing Authorities” or “Housing Authority”) to implement smoke-free policies in some or all of their public housing units; and
WHEREAS, as of September 2014, over 500 Housing Authorities in over 30 states have adopted smoke-free policies; and
WHEREAS, on June 1, 1992, this Board approved Administrative Order No. 8-6, which was later replaced with Implementing Order No. 8-6, setting forth the County’s policies concerning smoking in County-owned or leased facilities, and County-owned or operated vehicles; and
WHEREAS, on February 4, 2014, this Board also adopted Resolution No. R-145-14, which extended the County’s smoking prohibitions to the use of electronic cigarettes and other nicotine dispensing devices, subject to the exceptions set forth in the Florida Clean Indoor Air Act; and
WHEREAS, although Implementing Order No. 8-6 and the Florida Clean Indoor Air Act prohibit smoking in all enclosed indoor workplaces, there is currently no legislation that makes provisions for smoking in multi-unit housing, whether publically or privately owned; and
WHEREAS, in accordance with the HUD Notice and 24 C.F.R. § 903.7(e), Housing Authorities opting to implement a smoke-free policy in their public housing sites should update their Public Housing Plans, which must include the Housing Authority’s statement of operation and management and the rules and standards that will apply to their projects when the Housing Authority implements their smoke-free policy; and
WHEREAS, HUD also encourages Housing Authorities to revise their lease agreements to include the non-smoking provisions and to ensure that there is consistent application among all properties and buildings in their housing inventory in which non-smoking policies are being implemented; and
WHEREAS, on May 19, 2015, the Board adopted Resolution No. R-453-15, which approved the County’s Fiscal Year 2015-2016 Public Housing Agency Plan, but the plan does not currently include a plan to implement a smoke-free policy; and
WHEREAS, this Board wishes, as it relates to public housing, to incorporate a smoke-free policy into the County’s Fiscal Year 2016-2017 Public Housing Agency Plan, the Admissions and Continued Occupancy Policy, the public housing community policies, and the public housing lease for all public housing developments, excluding single-family public housing developments owned and operated by the County; and
WHEREAS, this Board also wishes to amend the leases and community policies for the County-owned multi-family affordable housing developments to include the County’s smoke-free policy; and
WHEREAS, this Board understands that it is important to work closely with the residents, their resident councils and their advocates prior to the implementation of a smoke-free policy, and therefore, this Board wishes to direct the County Mayor or the County Mayor’s designee to survey, meet, consult with and receive comments from the residents, their resident councils and their advocates; and
WHEREAS, this Board further recognizes that the County’s smoke-free policy will not apply to privately-owned housing that are subsidized through programs such as the Section 8 Housing Choice Voucher and Section 8 Moderate Rehabilitation programs; and
WHEREAS, in September 2010 and October 2012, HUD published notices that provide guidance on the adoption of smoke-free policies for owners of project-based Section 8 housing; and
WHEREAS, notwithstanding that the County cannot impose its smoke-free policy on private property owners participating in such programs as the Section 8 Housing Choice Voucher and Section 8 Moderate Rehabilitation programs, this Board wishes to urge these owners to adopt smoke-free policies for their multi-family properties for the betterment of their residents; and
WHEREAS, the Florida Department of Health (“Health Department”), through the Centers for Disease Control, were awarded over $3.3 million in grant funds to be used, in part, to cover smoke-free initiatives in public housing, including providing smoke-free and/or designated smoking area signage, forms and notices related to the smoke-free policy, cessation services and subsequent nicotine replacement therapy, and other services a Housing Authority may need to implement a smoke-free environment; and
WHEREAS, the Health Department has advised the County that the grant funds must be expended over the course of the grant period, which ends on September 30, 2017; and
WHEREAS, the Health Department has offered to assist the County, at no cost to the County, with the implementation of its smoke-free policy by providing some or all of the services allowable under the grant; and
WHEREAS, this Board wishes to take advantage of this opportunity before the grant period ends,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The foregoing recitals are incorporated in this resolution and are approved.
Section 2. This Board directs the County Mayor or the County Mayor’s designee to develop, in consultation with the residents and, where applicable, resident councils, a smoke-free policy for all multi-family public housing and affordable housing developments owned and operated by the County. Such policy shall not apply to any single family public housing sites owned and operated by the County. The smoke-free policy shall include, but not be limited to the following:
a) An introduction that explains the policy’s purpose, which can include information about the dangers of secondhand smoke;
b) Clear, consistent definitions of important terms, such as “smoking,” “premises,” and “common area,” to help ensure that the policy is interpreted, implemented, and enforced in ways that effectively protect the entire housing community;
c) Information on which areas must be smoke-free, such as common areas, units (new and/or existing), outdoor areas (including patios and balconies), and setbacks from entrances;
d) Information on designated areas where smoking will be allowed;
e) Information on which public housing developments are exempt from the policy;
f) Description of who must comply, such as residents, guests, employees and business visitors;
g) A disclaimer that the County is not acting as a guarantor of the policy;
h) Information on enforcement, i.e., who will enforce the policy; how the policy will be enforced, the responsibilities of the County (post warning signs, consistently enforce the policy), and the responsibilities of residents (notify guests and visitors, report violations);
i) An effective date for the implementation of the smoke-free policy; and
j) Information for residents on local smoking cessation resources and programs, including those offered by the Health Department.

Additionally, the County Mayor or the County Mayor’s designee shall survey and hold community meetings with all residents, resident councils and their advocates concerning the proposed smoke-free policy. The County Mayor or the County Mayor’s designee shall also review HUD Notices and published guidelines, including but not limited to HUD’s publications “Change is in the Air: An Action Guide to Establishing Smoke-Free Public Housing and Multifamily Properties” and “Smoke Free Housing: A Toolkit for Owners/Management Agents of Federally Assisted Public and Multi-family Housing”, and incorporate any additional recommendations suggested by HUD into the County’s smoke-free policy.
Section 3. As it relates to the public housing program, this Board directs the County Mayor or the County Mayor’s designee to incorporate the smoke-free policy into the County’s Fiscal Year 2016-2017 Public Housing Agency Plan, the Admissions and Continued Occupancy Policy, the public housing community polices and the public housing lease, subject to approval of this Board. The County Mayor or the County Mayor’s designee is further directed to amend the leases and community policies for the County-owned multi-family affordable housing developments to incorporate the smoke-free policy, subject to the Board’s approval. The County Mayor or the County Mayor’s designee is directed to place legislative items seeking approval of the before-mentioned plan, policies and leases no later than April 2016. However, prior to placing any legislative items seeking approval of the before-mentioned plan, policies and leases, the County Mayor or the County Mayor’s designee shall provide a 30-day comment period in accordance with applicable laws, regulations, HUD Notices or, where no such requirement exists, this resolution.
Section 4. This Board also urges all private property owners participating in the County’s Section 8 Housing Choice Voucher and Section 8 Moderate Rehabilitation programs, to implement smoke-free policies for all of their multi-family properties. This Board directs the Miami-Dade Public Housing and Community Development Department to post a copy of this resolution on their website, include it in the orientation packages provided to private property owners, and to provide such owners with any additional information concerning the benefits of adopting smoke-free policies.



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