Resolution 2019-194 RESOLUTION NO.2019 - 1 9 4
A RESOLUTION PURSUANT TO THE FLORIDA CLEAN INDOOR
AIR ACT UPDATING THE BOARD'S SMOKING POLICY BY
PROHIBITING VAPING AS WELL AS SMOKING IN ALL COUNTY
BUILDINGS, PUBLIC PLACES AND PUBLIC MEETINGS;
PROVIDING DEFINITIONS; PROVIDING FOR STRICT
ENFORCEMENT; PROVIDING FOR SIGNAGE; SUPERSEDING
RESOLUTION NO. 92-329; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in concurrence of the Florida Clean Indoor Air Act, The Board of County
Commissioners, at a public hearing held on April 21, 1992, unanimously voted to adopt a no-
smoking policy for all Collier County buildings; and
WHEREAS, this policy put into effect by Resolution No. 92-329, adopted by the Board
on June 9, 1992; and
WHEREAS, by Chapter 2019-14, the Florida Legislature updated the Florida Clean Air
Act by generally prohibiting vaping in an enclosed indoor workplace; and
WHEREAS, the Board of County Commissioners wishes to update its no-smoking
policy for all County buildings to include vaping.
NOW THEREFORE, IT IS RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
SECTION ONE: Definitions
a. "County building(s)" means any building or any portion of any building
owned by or leased to 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 areas used by the general public in
any County building. The term "public 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.
e. "Vape or "vaping" means to inhale, or exhale vapor produced by a vapor-
generating electronic device or to possess a vapor-generating electronic device
while that device is actively employing an electronic, a chemical, or a
mechanical means designed to produce vapor or aerosol from a nicotine
product or any other substance. The term does not include the mere possession
of a vapor-generating electronic device.
SECTION TWO: Smoking and Vaping Prohibited
Smoking and vaping are hereby prohibited at all times in all public places, at all public
meetings and in all enclosed areas within any County building.
SECTION THREE: Strict Administrative and Legal Enforcement
This prohibition shall be strictly enforced administratively 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 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 be considered to be a violation of
the Florida Clean Indoor Air Act, Sections 386.201 et seq., Florida Statutes, and subject to the
penalties provided therein.
SECTION FOUR: Signage
The Facilities Management Director shall post signs in all County buildings indicating
that smoking and vaping are prohibited pursuant to both this Resolution and the Florida Clean
Indoor Air Act.
SECTION FIVE: Collier County Resolution No. 92-329 Superseded
Collier County Resolution No. 92-329 is hereby superseded in its entirety.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same this 9-1r\, day ofc \ v - , 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal Kin , Clerk of Courts COLLIER C 0 ORIDA
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By:
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R ty Clerk / Liam L. McDaniel Jr., Chairman
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Approved t.1 f t .I�• . t. ..
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Jeffrey A. I tzk , County Attorney
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