Agenda 07/12/2022 Item #12A (Enactment of HB 105 which authorizes County Governments to now regulate smoking on County Parks & Beaches)07/12/2022
12.A
EXECUTIVE SUMMARY
Discussion on the enactment of HB 105, which in part authorizes county governments to now
regulate smoking on county parks and beaches.
OBJECTIVE: To discuss whether the Board wishes to regulate smoking on county parks and beaches.
CONSIDERATION: Towards the end of the June 28, 2022, Board meeting I was asked by
Commissioner Saunders to provide a brief discussion to the Board on the recent enactment of HB 105,
which in part authorizes county governments to regulate smoking on county parks and beaches.
The Florida Legislation recently amended the Florida Clean Indoor Air Act (now the Florida Clean Air
Act) in relevant part as follows:
Section 1. Part II of chapter 386, Florida Statutes, entitled "INDOOR AIR: SMOKING AND
VAPING," is renamed "SMOKING AND VAPING."
Section 2. Section 386.201, Florida Statutes, is amended to read:
386.201 Short title Popular- name. -This part may be cited as the popular- name the "Florida
Clean ladee Air Act."
Section 3. Section 386.209, Florida Statutes, is amended to read:
386.209 Regulation of smoking preempted to state. -This part expressly preempts regulation of
smoking to the state and supersedes any counly or municipal ordinance on the
subject; however, counties and municipalities may further restrict smoking within the boundaries of
any public beaches and public parks that they own, except that they may not further restrict the
smoking of unfiltered cigars. A municipality may further restrict smoking within the boundaries of
public beaches and public parks that are within its jurisdiction but are owned by the county, unless
such restriction conflicts with a county ordinance, except that they may not further restrict the
smoking of unfiltered cigars. School districts may further restrict smoking by persons on school
district property. This section does not preclude the adoption of county or municipal muaieipal e
6 ordinances that impose more restrictive regulation on the use of vapor -generating devices
than is provided in this part.
"Smoking" is defined in ch. 386, F.S., as "inhaling, exhaling, burning, carrying, or possessing any lighted
tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product."
The new law gives the Board full jurisdiction in regulating smoking at parks and beaches, with the
exception of unfiltered cigars. This includes the creation of designated smoking zones and fines, stricter
laws on the disposal of cigarette butts and even an outright ban.
One of the considerations for the Board is the purpose behind any local regulation. The sponsor of the
Senate Bill (Sen. Joe Gruters) publicly stated that he was primarily focused on getting butts off of the
beach, both to reduce littering and pollution to the ocean caused by the plastic filters in butts and was not
concerned with second-hand smoke. The enacted legislation appears broader than that stated intent (which
presumably would have simply banned filtered cigarettes).
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: None.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
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12.A
07/12/2022
ATTACHMENT(S)
1. Ch. 2022-213
(DOCX)
2. article 3-3-22
(PDF)
3. article 6-20-22
(PDF)
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12.A
07/12/2022
COLLIER COUNTY
Board of County Commissioners
Item Number: 12.A
Doc ID: 22668
Item Summary: Discussion on the enactment of HB 105, which in part authorizes county
governments to now regulate smoking on county parks and beaches.
Meeting Date: 07/12/2022
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
06/29/2022 3:20 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
06/29/2022 3:20 PM
Approved By:
Review:
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
Debra Windsor Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher Additional Reviewer
Amy Patterson Level 4 County Manager Review
Geoffrey Willig Meeting Pending
Completed
06/29/2022 3:24 PM
Completed
06/29/2022 3:49 PM
Completed
07/01/2022 12:21 PM
Completed
07/05/2022 9:53 AM
07/12/2022 9:00 AM
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12.A.1
CHAPTER 2022-213
Committee Substitute for House Bill No. 105
An act relating to the regulation of smoking by counties and municipalities;
revising the title of part II of ch. 386, F.S.; amending s. 386.201, F.S.;
revising a short title; amending s. 386.209, F.S.; authorizing counties and
municipalities to further restrict smoking within the boundaries of public
beaches and public parks under certain circumstances; providing an
exception; amending ss. 381.84 and 386.211, F.S.; conforming provisions
to changes made by the act; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Part II of chapter 386, Florida Statutes, entitled "INDOOR
AIR: SMOKING AND VAPING," is renamed "SMOKING AND VAPING."
Section 2. Section 386.201, Florida Statutes, is amended to read:
386.201 Short title Pepu aF na .—This part may be cited as bathe
popular name the "Florida Clean Ind Ae Air Act."
Section 3. Section 386.209, Florida Statutes, is amended to read:
386.209 Regulation of smoking preempted to state. —This part expressly
preempts regulation of smoking to the state and supersedes any county or
municipal municipal or eount_• ordinance on the subject; however, counties
and municipalities may further restrict smoking within the boundaries of
any public beaches and public parks that they own, except that they may not
further restrict the smoking of unfiltered cigars. A municipality may further
restrict smoking within the boundaries of public beaches and public parks
that are within its jurisdiction but are owned by the county, unless such
restriction conflicts with a county ordinance, except that they may not
further restrict the smoking of unfiltered cigars. School districts may further
restrict smoking by persons on school district property. This section does not
preclude the adoption of county or municipal ri.unieipa ^V eaunty ordinances
that impose more restrictive regulation on the use of vapor- generating
devices than is provided in this part.
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Section 4. Paragraph (h) of subsection (3) of section 381.84, Florida N
Statutes, is amended to read: c:i
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381.84 Comprehensive Statewide Tobacco Education and Use Preven- N
tion Program.—
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(3) PROGRAM COMPONENTS AND REQUIREMENTS. —The depart c
ment shall conduct a comprehensive, statewide tobacco education and use 4)
prevention program consistent with the recommendations for effective
program components contained in the 1999 Best Practices for Comprehen- coo
sive Tobacco Control Programs of the CDC, as amended by the CDC. The Q
CODING: Words sktielcen are deletions; words underlined ark.
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Ch. 2022-213 LAWS OF FLORIDA Ch. 2022 12.A.1
program shall include the following components, each of which shall focus on
educating people, particularly youth and their parents, about the health =
hazards of tobacco and discouraging the use of tobacco:
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(h) Enforcement and awareness of related laws. —In coordination with
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the Department of Business and Professional Regulation, the program shall
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monitor the enforcement of laws, rules, and policies prohibiting the sale or
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other provision of tobacco to minors, as well as the continued enforcement of
—
the Florida Clean weer Air Act prescribed in chapter 386. The advertise-
ments produced in accordance with paragraph (a) may also include
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information designed to make the public aware of these related laws and
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rules. The departments may enter into interagency agreements to carry out
this program component.
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Section 5. Section 386.211, Florida Statutes, is amended to read:
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386.211 Public announcements in mass transportation terminals. —
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Announcements about the Florida Clean lndaeF Air Act shall be made
regularly over public address systems in terminals of public transportation
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carriers located in metropolitan statistical areas with populations over
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230,000 according to the latest census. These announcements shall be made
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at least every 30 minutes and shall be made in appropriate languages. Each
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announcement must include a statement to the effect that Florida is a clean
indeerm air state and that smoking and vaping are prohibited except as
provided in this part.
Section 6. This act shall take effect July 1, 2022.
Approved by the Governor June 24, 2022.
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Filed in Office Secretary of State June 24, 2022.
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Will cigar discrimination make the bill burn out in court?
Will Florida communities finally get to snuff out beach smoking?
The Florida Legislature on Wednesday passed a bill (HB 105) to empower cities and counties to regulate
cigarettes in parks, including beaches. But a dust-up over cigars ignited controversy on the Senate floor and
nearly snuffed the bill out.
Florida law now restricts the right to regulate outdoor smoking only to the state. Many cities and counties have
tried to ban smoking on beaches in the past, but a ruling in a 2017 case brought by the ACLU against a Sarasota
ban on smoking in parks made clear no local ordinance could regulate outdoor smoking.
Sen. Joe Gruters presented the legislation. He has tried to change the law and allow localities to decide
whether to allow smoking in their own parks and beaches. But he has run into resistance through the years
from colleagues who represent communities with identities closely associated with cigars.
Before the bill passed in the Senate Committee on Environment and Natural Resources, Gruters agreed to an
amendment at the behest of committee Chair Jason Brodeur, a Lake Mary Republican, to focus the bill on
cigarettes. The bill sponsor's assessment of the politics leading to the debate proved blunt.
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"That's the great thing about how this process works. I probably personally would prefer that we give local
governments the ability to ban any of the products," Gruters said.
But the driving force behind his Senate legislation (SB 224) has been cutting down on pollution and litter, not a
second-hand smoke. Brodeur said in committee he had a problem with parks allowing campers to burn
campfires but not smoke cigars. Packet Pg. 564
Gruters agreed to an amendment that said beaches could restrict cigarettes, which leave behind plastic cigaret 12.A.2
as well as plastic -tipped cigars, that do the same. But it made clear governments could not restrict tobacco
that do not leave behind any nonbiodegradable remnants.
"It helps the environment by removing the bad butts off the beach," Gruters said.
But the Senate agreed to take up the House version of the bill for a floor vote. The House bill, which passed on Feb. 24
in a vote of 105-10, had a more narrowly tailored carveout for stogies.
Ironically, the House originally didn't considered such a carveout, but in an attempt to bring the bill in line with the
Senate, the lower chamber amended the bill to drop cigar regulation. The final legislation exclusively exempts unfiltered
cigars but allows governments to ban everything else.
"I'm thrilled with the non -preemption here;" said Sen. Tina Polsky, a Boca Raton Democrat. "But what I'm not thrilled
with are cigars. So sorry Brodeur, but they stink.
"It's not just the butts. I know you're trying to get rid of the butts on the beach. But I don't want to smell cigar smoke or
the beach. If Boca Raton wanted to ban smoke for the smell as well as, you know, non -butts, then why can't they be able
to do that? Why are we making an exception for Brodeur?"
Sen. Jason Pizzo, a Miami -Dade Democrat, pressed Gruters on whether the bill would treat unfiltered cigarettes that
had been hand -rolled. Sen. Jeff Brandies, a Pinellas Republican, similarly asked about cigarillos, a narrow cigar closer it
size to a cigarette.
Eventually, a bill rolling toward passage became consumed in controversy. Rules Committee Chair Kathleen
Passidomo, a Naples Republican, asked for debate to halt and for consideration of the bill to be temporarily postponed.
With nine days left in the 2022 Legislative Session, that leaves limited time to address controversies or the bill gets
snuffed out until next year.
When the bill came back, critics maintained objections and said exempting certain kinds of tobacco would be
discriminatory. Pizzo said he could support a full ban on all smoking at parks and beaches but not one that looks
favorably on one tobacco product but harshly on another.
"George Carlin used to say having a smoking section in restaurants is like having a peeing section in the pool. It doesn't
make any sense;' he said, referring to the late legendary comedian's views on cigarette regulation.
But Gruters suggested snuffing out most smoke made for good policy regardless.
"You got to remember smoking with cigarettes is like 99.6% of all smoking;" he said. 'That's the goal. We want to try to N
give local governments the ability to restrict as much smoking as possible." N
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Ultimately, the Senate passed the bill in a 30-7 vote. It now heads to Gov. Ron DeSantis, who could sign it, veto it, or M
allow it to become law without his signature. 2
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The driving force behind the legislation was to cut down on pollution and litter.
Local governments may soon be able to regulate the use of cigarettes on the beach after Gov. Ron
DeSantis received the new measure Friday. It will become law upon his signing.
The proposal (HB 105) empowers cities and counties to regulate cigarettes in parks, including beaches.
That's a change from Florida's previous law, which restricted the right to regulate outdoor smoking only
to the state. Many cities and counties have tried to ban smoking on beaches in the past, but a ruling in a
2017 case brought by the ACLU against a Sarasota ban on smoking in parks made clear no local
ordinance could regulate outdoor smoking.
The legislation was sponsored by Sarasota Republican Sen. Joe Gruters and Brevard County Republican
Rep. Randy Fine. It cleared the Senate in a 30-7 vote, and the House in a 105-10 vote.
While in the Florida Legislature, the bill did run into some resistance from colleagues who represent
communities with identities closely associated with cigars. The final legislation was amended to
exclusively exempt unfiltered cigars, but allows governments to ban everything else. Critics maintained
that exempting certain kinds of tobacco was discriminatory.
Ultimately, the driving force behind the legislation was to cut down on pollution and litter, not second-
hand smoke.
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"Cigarette butts are one of Florida's largest environmental litter problems that pollute our beaches an 12.A.3
Gruters said when presenting the bill to committee. "Florida consistently ranks in the top three states w ere
thousands of cigarette butts are the top item picked up each year during these beach cleanups."
Gruters had pushed the legislation for years to give that right back to local governments, noting that many
beach rankings — including the Florida International University -based Stephen Leatherman's Dr. Beach annual
listings — give points for beaches remaining smoke -free.
Correction: A previous version of this article stated that the Governor had signed the legislation. The story has
been updated to reflect that he has just received the legislation.
Last updated on June 20, 2022
Kelly Hayes
M June 18, 2022
0 3min
Beaches Cigarette
Cigarette Ban
Florida Beaches
HB 105 Joe Gruters
Public Parks
Smoking
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