Agenda 10/08/2019 Item #10A (Resolution: Vaping Policy)10/08/2019
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution superseding and replacing Resolution No. 92 -329
in order to include vaping in the no-smoking policy for all Collier County buildings.
OBJECTIVE: To conform the County’s no-smoking policy to the recently updated Florida
Clean Air Act by including the prohibition of vaping in all Collier County buildings.
CONSIDERATIONS: Chapter 386, Florida Statutes, the Florida Clean Air Act, is intended to
protect people from the health hazards of secondhand smoke. The Florida Legislature recently
added “vaping” to the Act via Chapter 2019-14, Laws of Florida, so that the Act now prohibits
both smoking and vaping in an enclosed indoor workplace, with limited exceptions that are not
pertinent to the County. Violation of this statute is punishable by a fine up to $100 for the first
violation and not more than $500 for each subsequent violation, with jurisdiction in the
appropriate county court.
Collier County’s no-smoking policy in County buildings is currently set forth in Resolution No.
92-329. The proposed resolution updates Collier County’s current no-smoking policy by
including vaping in the policy, using the State statute’s definition of vape and vaping.
FISCAL IMPACT: There may be minor costs in replacing “No Smoking” signs.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is
approved as to form and legality, with majority support required for approval. - JAK
RECOMMENDATION: To adopt the attached Resolution superseding and replacing
Resolution No. 92-329 in order to include vaping in the no-smoking policy for all Collier County
buildings.
PREPARED BY: Burt Saunders, Commissioner, District 3
ATTACHMENT(S)
1. Resolution - Vaping (PDF)
2. Resolution 1992-329 (PDF)
10.A
Packet Pg. 239
10/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.A
Doc ID: 10317
Item Summary: Recommendation to adopt a Resolution superseding and replacing Resolution
No. 92-329 in order to include vaping in the no-smoking policy for all Collier County buildings.
Meeting Date: 10/08/2019
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
09/26/2019 8:43 AM
Submitted by:
Title: – Board of County Commissioners
Name: Burt Saunders
09/26/2019 8:43 AM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/26/2019 8:49 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 09/26/2019 10:29 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/26/2019 10:33 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 09/29/2019 7:48 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM
10.A
Packet Pg. 240
10.A.1
Packet Pg. 241 Attachment: Resolution - Vaping (10317 : Resolution - Vaping Prohibition)
10.A.1
Packet Pg. 242 Attachment: Resolution - Vaping (10317 : Resolution - Vaping Prohibition)
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
10.A.2
Packet Pg. 243 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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, 1992WHEREAS, 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
10.A.2
Packet Pg. 244 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
0.
Ii' .
It{H,
f.\
i!l~'"
J~'l:'"i(~:::.-"
J"
iJ:;:;.!
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 legalsuf:~ lciency:
7 . ~Ld2:zz1..ot L.-J .
ro Ma~alic II COOP1GEAssistantCountyAttorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
47
3-
10.A.2
Packet Pg. 245 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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
10.A.2
Packet Pg. 246 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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
10.A.2
Packet Pg. 247 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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
10.A.2
Packet Pg. 248 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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
10.A.2
Packet Pg. 249 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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 ~~LChairman "/?# :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
10.A.2
Packet Pg. 250 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)
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 conversationabou'; sianina the no emokina policy aareement. Steve Tillis,the actina manaaer of the enack bar at the Collier Countyaffinebuild1naisauthorizedtosianformyselfasthereprosentativefortheDivisionofBl1rdServices. This isforthesianinaofthisnoemokinapoltcyonly.
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?
10.A.2
Packet Pg. 251 Attachment: Resolution 1992-329 (10317 : Resolution - Vaping Prohibition)