Item C25 C.25
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District I
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: C.25
Agenda Item Summary #10810
BULK ITEM: Yes DEPARTMENT: Parks and Beaches
TIME APPROXIMATE: STAFF CONTACT: John Allen 7868473358
N/A
AGENDA ITEM WORDING: Approval to advertise for a public hearing to consider an ordinance
adding Section 18-4 of the Monroe County Code to prohibit smoking within the boundaries of
Monroe County Parks & Beaches with the exception of an unfiltered cigar, to be held at the Board of
County Commissioners regular meeting on August 17, 2022, in Key West, Florida, or as soon
thereafter as may be heard.
ITEM BACKGROUND: The Florida Legislature in its 2022 session passed HB 105 and the
Governor approved it on June 24, 2022. The new law amends Chapter 386, F.S., renaming the title
of that chapter as the "Florida Clean Air Act" and amends Sec. 386.209, which preempts regulation
of smoking to the State. Counties and municipalities may now further restrict smoking within the
boundaries of any public beaches and parks that they own, except that they may not further restrict
the smoking of unfiltered cigars. This section also does not preclude the adoption of a county or
municipal ordinance that may impose more restrictive regulation on the use of vapor-generating
devises than is provided. The Parks and Beaches Director is proposing to prohibit smoking within
the boundaries of the County parks and beaches, except for unfiltered cigars. A proposed ordinance
will be presented to the Parks & Beaches Advisory Board for its input at their next meeting on July
18, 2022, so the Director can then provide their input to the BOCC. This agenda item is for approval
to advertise the necessary Public Hearing, which is planned to be held at the regular BOCC meeting
on August 17, 2022, in Key West.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
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C.25
HB 105 final
FINANCIAL IMPACT:
Effective Date: N/A
Expiration Date: N/A
Total Dollar Value of Contract: N/A
Total Cost to County: Minimal costs for publication of the applicable advertising for a public
hearing.
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: If yes, amount:
Grant: N/A
County Match: N/
Insurance Required: N/A
Additional Details: If the final ordinance provides for any penalty, then it could perhaps be
revenue producing,but only minor amounts.
N/A
REVIEWED BY:
Patricia Eables Completed 07/05/2022 3:43 PM
John Allen Completed 07/05/2022 3:52 PM
Purchasing Completed 07/05/2022 4:16 PM
Budget and Finance Completed 07/05/2022 4:39 PM
Risk Management Completed 07/05/2022 4:43 PM
Lindsey Ballard Completed 07/05/2022 4:49 PM
Board of County Commissioners Pending 07/20/2022 9:00 AM
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C.25.a
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 Popular name.—This part may be cited as by the S
popular name the "Florida Clean Deer 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 munieipal or ,,aunty ordinance on the subject; however, counties
and municipalities may further restrict smoking within the boundaries of E
any publicbeaches and public parks that they 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 munieipal ar ,,aunty ordinances
that impose more restrictive regulation on the use of vapor-generating
devices than is provided in this part.
Section 4. Paragraph (h) of subsection (3) of section 381.84, Florida
Statutes, is amended to read:
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381.84 Comprehensive Statewide Tobacco Education and Use Preven-
tion Program. 00
-
(3) PROGRAM COMPONENTS AND REQUIREMENTS.—The depart-
ment shall conduct a comprehensive, statewide tobacco education and use
prevention program consistent with the recommendations for effective
program components contained in the 1999 Best Practices for Comprehen-
sive Tobacco Control Programs of the CDC, as amended by the CDC. The
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Ch. 2022-213 LAWS OF FLORIDA Ch. 202 C.25.a
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:
(h) Enforcement and awareness of related laws.—In coordination with
the Department of Business and Professional Regulation, the program shall
monitor the enforcement of laws, rules, and policies prohibiting the sale or
other provision of tobacco to minors, as well as the continued enforcement of
the Florida Clean indoor Air Act prescribed in chapter 386. The advertise-
ments produced in accordance with paragraph (a) may also include
information designed to make the public aware of these related laws and
rules. The departments may enter into interagency agreements to carry out
this program component.
Section 5. Section 386.211, Florida Statutes, is amended to read: 0
386.211 Public announcements in mass transportation terminals.—
Announcements about the Florida Clean indoor Air Act shall be made M
regularly over public address systems in terminals of public transportation
carriers located in metropolitan statistical areas with populations over
230,000 according to the latest census. These announcements shall be made
at least every 30 minutes and shall be made in appropriate languages. Each
announcement must include a statement to the effect that Florida is a clean
indeer 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.
Filed in Office Secretary of State June 24, 2022.
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