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Item R12 R.12 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 August 17, 2022 Agenda Item Number: R.12 Agenda Item Summary #10963 BULK ITEM: No DEPARTMENT: Parks and Beaches TIME APPROXIMATE: STAFF CONTACT: John Allen 7868473358 1:30 p.m. AGENDA ITEM WORDING: A public hearing to consider an ordinance amending Chapter 18, Parks and Recreation, of the Monroe County Code, to add a new Section 18-4 prohibiting smoking within the boundaries of Monroe County Public Parks and Beaches. ITEM BACKGROUND: During the 2022 Florida Legislative Assembly, the Legislature passed CS/HB 105, and it was signed by the Governor on June 24, 2022, which now grants counties and municipalities the legal authority to restrict smoking within the boundaries of county and municipal owned public beaches and parks, but it includes an exception for unfiltered cigars. The new law became effective on July 1, 2022. Chapter 2022-213, Laws of Florida, is now codified at Fla. Stat., Sec. 386.209, and falls within that chapter, which now has the title changed from "Florida Clean Indoor Air Act" to "Florida Clean Air Act." Previously, the State preempted the regulation of smoking and did not allow counties and municipalities to regulate smoking, except school districts could further restrict smoking on school district property. However, the State does not currently preempt the regulation of vaping. The proposed Ordinance will amend Chapter 18, Parks and Recreation, of the Monroe County Code, and add a new Section 18-4, which will prohibit smoking within the boundaries of Monroe County owned public parks and beaches, but will allow an exception for unfiltered cigars, pursuant to the statute. There is also a provision for penalties if a person violates subsection (a) of Sec. 18-4, which would be a noncriminal violation that would be punishable by a fine of not more than $100 for the first violation and not more than $500 for each subsequent violation. Exposure to secondhand smoke can cause numerous health problems and has been linked to cancer and other fatal diseases. Discarded cigarette butts are a major concern and the cause of litter on the County beaches and in the parks. The World Health Organization estimates that 4.5 trillion butts are littered every year. The Florida Keys environment and nearshore waters is important to protect for not only residents of the county, but also for the many tourists who frequent our County owned parks and beaches. County staff, who work at the parks and beaches, seek to provide a clean environment so locals and tourists have a pleasant experience when they visit County properties. This new ordinance will be a start in controlling the cigarette butt litter at the parks and beaches and allow all visitors to enjoy the outdoor air without having to inhale cigarette smoke of others or be exposed to the litter. Staff seeks Board Packet Pg. 3774 R.12 approval of the new ordinance. PREVIOUS RELEVANT BOCC ACTION: July 20, 2022 BOCC gave its approval to advertise for the public hearing on this proposed ordinance at its August 17, 2022 meeting. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: No Smoking Ordinance with penalties (Final for 8-17-22) Fla. Stat. Sec. 386.209 FINANCIAL IMPACT: Effective Date: August 17, 2022 Expiration Date: N/A Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: N/A Source of Funds: N/A CPI: N/A Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: N/A Additional Details: N/A REVIEWED BY: John Allen Completed 08/02/2022 1:01 PM Patricia Eables Completed 08/02/2022 1:18 PM Budget and Finance Completed 08/02/2022 1:20 PM Purchasing Completed 08/02/2022 1:20 PM Packet Pg. 3775 R.12 Risk Management Completed 08/02/2022 1:53 PM Lindsey Ballard Completed 08/02/2022 2:07 PM Board of County Commissioners Pending 08/17/2022 9:00 AM Packet Pg. 3776 R.12.a ORDINANCE NO. - 2022 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA AMENDING CHAPTER 18 OF THE MONROE COUNTY CODE TO ADD A NEW SECTION 18-4 PROHIBITING SMOKING WITHIN THE BOUNDARIES OF MONROE COUNTY PUBLIC PARKS AND BEACHES; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; 06 PROVIDING FOR INCORPORATION INTO THE MONROE U) COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Department of Health and Human Services has found 0 that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to a 69 that are known carcinogens; and WHEREAS, exposure to secondhand smoke can cause numerous health problems and has been linked to cancer and other fatal diseases; and 0 Z WHEREAS, children and others in our county currently spend time in parks and beaches where they have no choice but to inhale secondhand smoke; and 00 WHEREAS, an estimated two-thirds of cigarette butts are discarded as litter; and 0 WHEREAS, cigarette butts are the most common form of litter on the planet, with the World Health Organization estimating that 4.5 trillion butts are littered every year; and WHEREAS, cigarette butts are made of plastic and are a major contributor to marine plastic and microplastic pollution; and WHEREAS, cigarette butts leach various toxic chemicals into the environment, including arsenic, formaldehyde, lead, and polyaromatic hydrocarbons; and WHEREAS, the regulation of smoking was previously preempted to the state; and 0 WHEREAS, the State of Florida enacted chapter 2022-213, Laws of Florida, which grants counties and municipalities the legal authority to restrict smoking within the boundaries 0 of county and municipal owned public beaches and public parks, but which includes an exception for unfiltered cigars; and WHEREAS,chapter 2022-213,Laws of Florida is now codified at F.S. 386.209,which retains an express preemption of the regulation of smoking to the state except for the limited exception to regulate smoking at county and city owned parks and beaches; and 1 Packet Pg. 3777 R.12.a WHEREAS, the Board of County Commissioners intends to exercise its legislative and proprietary authority to ban smoking at all County owned parks and beaches, including those located within the city limits of any municipality located within the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: c� Section 1. Sec. 18-4 is hereby added to the Monroe County Code to read as follows: 06 U) Sec. 18-4. Smoking prohibited within County-owned public parks and public beaches. (a) It shall be prohibited for any person in or on any County-owned public park or public beach to smoke, burn, ignite, inhale, exhale, or possess any cigarette, pipe, or other 0 U lighted tobacco product other than an unfiltered cigar. a (b) Any person who violates subsection(a) commits a noncriminal violation,punishable by a fine of not more than $100 for the first violation and not more than $500 for each subsequent violation. 0 z Section 2. If any section, subsection, clause, or provision of this ordinance is held to be invalid or declared to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this ordinance. 00 1- 0 Section3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. U) Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of Monroe County, Florida as an addition or amendment thereto, and shall be renumbered appropriately to conform with the uniform numbering system of the Monroe County Code. c� Section 5. This Ordinance shall be filed with the Department of State and shall be effective as provided in F.S. 125.66(2). 0 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, - Florida, at a regular meeting of said Board held on the 17th day of August, 2022. E 0 Mayor David Rice .. Mayor Pro Tem Craig Cates Commissioner Michelle Coldiron Commissioner James K. Scholl Commissioner Holly Merrill Raschein 2 Packet Pg. 3778 R.12.a ATTEST: KEVIN MADOK, CLERK MONROE COUNTY BOARD OF COUNTY COMMISSIONERS a� c� By: By: As Deputy Clerk David P. Rice, Mayor U) c� 06 U) 0 U 0 0 en c cN 00 1- 0 U) CL c� 0 E 0 4i E c� 3 Packet Pg. 3779 8/2/22, 12:49 PM Statutes&Constitution :View Statutes: Online Sunshine R.12.b Select Year: 2022 v „G.o..... The 2022 Florida Statutes Title XXIX Chapter 386 View Entire Chapter PUBLIC HEALTH SANITARY NUISANCES; FLORIDA CLEAN AIR ACT 386.209 Regulation of smoking preempted to state.—This part expressly preempts regulation of smoking to the state and supersedes any county 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 U) 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 U as smoking of unfiltered cigars. School districts may further restrict smoking by persons on school district property. 06 This section does not preclude the adoption of county or municipal ordinances that impose more restrictive regulation on the use of vapor-generating devices than is provided in this part. CL History.—s. 9, ch. 85-257; s. 8, ch. 92-185; s. 10, ch. 2003-398; s. 1, ch. 2011-108; s. 10, ch. 2019-14; s. 3, ch. 2022-213. Copyright ©1995-2022 The Florida Legislature Privacy Statement • Contact Us 0 r_ 0 0 E 0 CD as as E �s www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0386/Sections/0386.209.htm, Packet Pg. 3780