Ordinance 018-2022 ORDINANCE NO. 018 - 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;
PROVIDING FOR INCORPORATION INTO THE MONROE
COUNTY CODE OF ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the United States Department of Health and Human Services has found
that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to
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
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
WHEREAS, an estimated two-thirds of cigarette butts are discarded as litter; and
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
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
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
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:
Section 1. Sec. 18-4 is hereby added to the Monroe County Code to read as follows:
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
lighted tobacco product other than an unfiltered cigar.
(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.
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.
Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed
to the extent of said conflict.
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.
Section 5. This Ordinance shall be filed with the Department of State and shall be effective as
provided in F.S. 125.66(2).
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.
Mayor David Rice Yes
Mayor Pro Tem Craig Cates Yes
Commissioner Michelle Coldiron Yes
Commissioner James K. Scholl Yes
Commissioner Holly Merrill Raschein Yes
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The Florida Keys Only Daily Newspaper, Est. 1876
PO Box 1800,Key West FL 33041
P:(305)292-7777 ext.219 F:(305)295-8025
legals@keysnews.com
MONROE COUNTY PARKS & BEACHES
1111 12TH ST STE 408
KEY WEST FL 33040
Account: 430114 Ticket: 3857530
PUBLISHER'S AFFIDAVIT
STATE OF FLORIDA NOTICE OF INTENTION TO CONSIDER
ADOPTION OF COUNTY ORDINANCE
COUNTY OF MONROE
NOTICE IS HEREBY GIVEN TO WHOM
IT MAY CONCERN that on August 17,
Before the undersigned authority personally appeared ter as at 1:30 ter or b soon ,at the
g y p y pp ter as the matter may be heard,at the
Harvey Government Center, 1200 Tru-
man Ave,Key West,Florida,the Board
Melinda Prescott who on oath says that he or she is of County Commissioners of Monroe
County, Florida, intends to consider
adopting the following ordinance:
The legal advertising representative of the Key West Citizen,a five day newspa-
AN ORDINANCE OF THE BOARD OF
per published in Key West,in Monroe County, Florida;that the attached copy of COUNTY COMMISSIONERS OF MON-
advertisment,beinga legal notice in the matter of No Smoking Ordinance was ROE COUNTY, THEFLO MA AMENDING
g g CHAPTER 18 OF THE MONROE COUN-
publlshed In said newspaper In the Issues Of: TY CODE TO ADD A NEW SECTION 18-4
PROHIBITING SMOKING WITHIN THE
BOUNDARIES OF MONROE COUNTY
Saturday,August 6,2022 PUBLIC PARKS AND BEACHES; PRO-
VIDING FOR SEVERABILITY,PROVIDING
FOR THE REPEAL OF ALL ORDINANCES
Affiant further says that the Key West Citizen is a newspaper published in Key INCONSISTENT HEREWITH;PROVIDING
West, in said Monroe County, Florida and that the said newspapers has hereto- FOR INCORPORATION INTO THE MON-
ROE COUNTY CODE OF ORDINANCES;
fore been continuously p Y Y AND PROVIDING AN EFFECTIVE DATE.
Saturday weekly,and has been entered as periodicals matter at the post office in
in-
KeyWest, in said Monroe County, Florida,for period of 1 year next recedin The proposed ordinance may o e
y p y p g spected by the public at the Monroe
the first publication of the attached copy of advertisement;and affiant further says County website by viewing the agenda
that he or she has neither paid nor promised any person,firm or corporation any p ket o hII be gust st 17, 2 22 meet-
ing on
discount, rebate, commission or refund for the purpose of securing this advertise- August 5,2022,at:http:Hmonroecoun-
ment for publication in the said newspaper. tyfl.igm2.com/citizens/default.aspx.
The ordinance may also be viewed at
the Monroe County Attorney's office
at 1111 12th St.,Ste.408,Key West,FL
33040.
The public can participate in the Au-
gust 17, 2022, meeting of the Board
of County Commissioners of Monroe
County, FL by attending in person or
� 1 , via Zoom.The Zoom link can be found
in the agenda at http:Hmonroecounty-
(Signature ofAffiant) fl.igm2.com/citizens/default.aspx.
Affirmed and subscribed before me this 10th da of Au ust 2022 ADA ASSISTANCE: If you are a person
Y g with a disability who needs special ac-
commodations in order to participate
in this proceeding, please contact
the County Administrator's Office, by
phoning (305) 292-4441, between the
hours of 8:30a.m.-5:00p.m., prior to
(Notary Public Signature) the scheduled meeting;if you are hear-
ing or voice-impaired,call "711". Live
Closed-Captioning is available via our
Laura M Robins web portal @ http:Hmonroecounty-
(Notary Public Printed Name) fl.igm2.com/Citizens/Default.aspx for
meetings of the Monroe County Board
of County Commissioners.
My commission expires 9/26/2026
Dated at Key West,Florida,this 2nd day
Personally Known X Produced Identification of August 2022.
Type of Identification Produced (Notary Seal) (SEAL)
KEVIN MADOK, Clerk of the Circuit
Court and Ex Officio Clerk of the Board
Sb&mK of County Commissioners of Monroe
ru ��ro7rrmiisG�n ce 2.�a County,Florida
N,fWi ^ales' r25028 08/06/2022-KWC
p 430114 3857530
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
September 9, 2022
Department of State
Administrative Code& Register
500 S Bronough Street
Tallahassee FL 32399-0250
To Whom It May Concern,
Attached is a copy of Ordinance No. 018-2022 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 withni the boundaries of Monroe County Public Parks and Beaches;
pro�riduig for severability; pro�"I I for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on August 17, 2022. Should you have any questions
please feel free to contact me at (305) 292-3550.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court&Comptroller&
ex-officio to the Monroe County
Board of County Commissioners
by.•Liz YonPzre, Deputy Clelk
cc: Parks and Beabes
Cotulty Administrator
Cotulty Attorney_
MuniCode
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
irr '
pw'
I FLORIDA DEPARTMENT Of'STAT'E"
RON DESANTIS CORD BYRD
Governor Secretary of State
September 12, 2022
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Liz Yongue
Dear Kevin Madok:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 018-2022, which was filed in this office on September 9,
2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270