08-08-22 Handout - Kim Meraz & Kelsie McKennaMODEL FLORIDA TOBACCO-FREE OUTDOOR ORDINANCE
In June 2022, Governor DeSantis signed legislation that grants city and county governments the
ability to ban smoking at public parks and beaches. This new law could potentially impact
Florida's 67 county park systems and more than 400 city park systems. This model ordinance
includes a number of provisions a local government may choose to adopt in order to ban
smoking at public parks and beaches and to further advance public health.
A city or county planning to adopt this model ordinance, in whole or in part, should review it with
its attorney beforehand to determine suitability. While the model ordinance language can be
modified by adding or omitting content concerning activities that a city or county does or does
not seek to regulate, doing so may result in an ordinance that does not conform to state law,
federal law, and best public health policy practices.
Because provisions within this model ordinance are controlled by statute and rule, the city or
county attorney should review any modifications to ensure they conform to state and federal
law. The Public Health Law Center provides legal technical assistance to help communities that
wish to adopt commercial tobacco control ordinances. We encourage communities to contact us
for assistance when considering this model language.
Notice
In order to properly adopt an ordinance, cities and counties in Florida must follow specific
processes set out in state statute. Section 125.66 sets out the process for counties; Section
166.041 sets out the process for other municipalities. These statutes include requirements for
notice, publication, and form.
Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial
tobacco use. Communities differ on their readiness and willingness to adopt certain commercial
tobacco control policies that are intended to help make that world a reality. As such, this model
ordinance represents a balance between state minimum standards, best public health policy
practices, and practicality for local governments in Florida. This model ordinance contains
several policy components that go beyond state minimum requirements and communities may
or may not choose to adopt at this time
While the Public Health Law Center does not lobby, advocate, or directly represent
communities, adopting effective commercial tobacco control policies starts early with education,
stakeholder and community engagement, and a strong advocacy plan. If a community is
unaware of the resources available to them for engaging the community and developing an
advocacy plan, or if a city or county is considering adopting an ordinance and is interested in
learning about the range of resources available, the Public Health Law Center can provide
assistance through our publications and referrals to experts in the field. In certain, limited
circumstances, Public Health Law Center staff may be able to speak at public hearings or work
sessions to provide education about particular policy options.
Disclaimer]
The Public Health Law Center provides information and legal technical assistance on issues
related to public health. The Center does not lobby nor does it provide direct legal
representation or advice. This document should not be considered legal advice.
Section 1. FINDINGS.
Section 2. DEFINTIONS.
Section 3. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
Section 4. OTHER REQUIRMENTS AND PROHIBITIONS.
Section 5. PENALTIES AND ENFORCEMENT.
Section 6. STATUTORY CONSTRUCTION & SEVERABILITY.
ORDINANCE NO. [ 1
AN ORDINANCE OF THE [BOARD OF COUNTY COMMISSIONERS OF COUNTY,
FLORIDA/ CITY COUNCIL OF FLORIDA], PROHIBITING SMOKING AND VAPING
IN PUBLIC PARKS AND BEACHES WITHIN THE [CITY/COUNTY]
SECTION 1. FINDINGS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat, as evidenced by the following:
The World Health Organization (WHO) estimates that tobacco kills up to half of its users,
amounting to more than 8 million deaths each year worldwide, including nearly half a
million people who die prematurely from smoking in the United States alone';
Tobacco use causes disease in nearly all organ systems and is responsible for an
estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79%
of all chronic obstructive pulmonary disease deaths in the United States';
The estimated economic damage attributable to smoking and exposure to secondhand
smoke in the United States is nearly $300 billion annually3;
1 U.S.Department of Health and Human Services. The Health Consequences of Smoking:50
Years of Progress.A Report of the Surgeon General.Atlanta, GA: U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.
2014.Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf NBK179276.pdf.
2 Id.
Id.
Despite significant progress, tobacco use remains the leading cause of preventable
death and disease in the United States',
Specifically, in Florida, 29.4% of cancer related deaths are attributable to smoking.
5
Electronic vapor products have been found to contain nicotine, lead, formaldehyde, and
thousands of other chemicals. These products damage DNA and harm parts of the brain
responsible for learning and mental health.6
WHEREAS, secondhand smoke exposure is harmful and widespread, as evidenced by the
following:
Children exposed to secondhand tobacco smoke have an increased risk of sudden
infant death syndrome, asthma, physical and cognitive developmental abnormalities,
and cancer;
The 2006 U.S. Surgeon General's report, "The Health Consequences of Involuntary
Exposure to Tobacco Smoke," concluded that there is no safe level of exposure to
secondhand smoke;
The World Health Organization in 2007 declared that there is indisputable evidence that
implementing 100% smoke-free environments is the only effective way to protect the
population from the harmful effects of exposure to secondhand smoke;
In Florida, 59% of children between ages 11 and 17 report being exposed to
secondhand smoke from cigarettes or electronic vapor products;
WHEREAS, there is emerging evidence that exposure to the aerosol produced by a vapor-
generating electronic device may be harmful, as evidenced by the following:
E-cigarettes produce an aerosol that contains at least ten chemicals known to cause
cancer, birth defects, or other reproductive harm.
Bystanders exposed to e-cigarette aerosol can also absorb its nicotine.
The aerosol is made up of a high concentration of ultrafine particles, and the particle
concentration is higher than in conventional tobacco cigarette smoke.
Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma,
and constrict arteries which could trigger a heart attack.
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as
evidenced by the following:
The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs
that produce almost 2 million tons of wastepaper, cellophane, foil, and glue as well as
trillions of butts littered across roadways, sidewalks, parks, and other green spaces7;8
Id.
State proportion of cancer deaths attributable to smoking from Lortet-Tieulent, J, et al., "State-Level Cancer Mortality
Attributable to Cigarette Smoking in the United States,"JAMA Internal Medicine, published online October 24, 2016.
Tehrani et al., 2021; Williams, et al., 2019; Romberg et al., 2019; Ogunwale et al., 2017; Latvala et al., 2014;
National Institute on Drug Abuse, 2020.
Novotny TE, Lum K, Smith E, Wang V, Barens R.Cigarettes Butts and the Case for an Environmental Policy on
Hazard-ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/ijerph6051691.
Both tobacco industry and peer-reviewed research found that most smokers admit
littering their cigarette
butts9,53,54 for example, one study found 74.1% of smokers
admitted littering cigarette butts at least once in their life and 55.7% admitted to littering
them in the past month10;
In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their
cigarette butts as litter";
Cigarette butts are perennially the most common form of litter collected during cleanup
programs worldwide. For example, in 2018, cigarette butts made up nearly 16% of all
litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items)
Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean12;
As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine-
containing electronic smoking devices as acute hazardous waste when disposed
properly13;
WHEREAS, cigarette butts, smokeless tobacco, and electronic smoking devices pose a
health threat of poisoning to young children, as evidenced by the following:
In 2018, American poison control centers logged nearly 13,000 cases involving exposure
to cigarettes, cigarette butts, electronic smoking devices, or other tobacco products, and
of these, more than 10,000 (79.0%) occurred in children aged 5 years and younger";
Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018
among children 5 years of age and younger by American poison control centers, 50.3%
involved cigarettes, 18.4% involved electronic smoking devices, and 8.0% involved other
tobacco products15;
The annual number of electronic cigarette exposure cases among children less than 5
years of age reported to American poison control centers increased from 10 in 2010 to
1,835 in 2018, a 14,015% increase16; and
Novotny TE, Aguinaga Bialous S, Burt L, et al.The environmental and health impacts of tobacco agriculture,
cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880. doi:
10.2471/BLT.15.152744.
Smith EA, Novotny TE.Whose Butt Is It?Tobacco Industry Research About Smokers and Cigarette Butt Waste.
Tob Control. 2011;20(Suppl 1):i2-9. doi: 10.1136/tc.2010.040105.
10 Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers' attitudes and behaviors. Int
J Environ Res Public Health. 2012;9(6):2189-203. doi:10.3390/ijerph9062189.
11 Id.
12 Novotny TE, Lum K, Smith E,Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard-ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705.doi: 10.3390/ijerph6051691
13 Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals
and Amend-ment to the P075 Listing for Nicotine, 84 Fed. Req. § 5816 (August 21, 2019)(to be codified at 40 C.F.R.
pt. 266(p)).
Gummin DD, Mowry JB, Spyker DA, et al.2018 Annual Report of the American Association of Poison Control
Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol.2019;57(12):1220-1413. doi:
10.1080/15563650.2019.1677022.
15 Id.
Children who ingest tobacco products can experience vomiting, nausea, lethargy, and
gagging, with e-liquids potentially posing a greater risk of toxicity or fatality through either
ingestion or transdermal absorption";
WHEREAS, Florida cities and counties have the legal authority to adopt local laws that prohibit
smoking in public parks and beaches.
NOW THEREFORE, in order to provide for the public health, safety, and welfare, reduce
unwanted and unwelcome exposure to secondhand smoke, assure cleaner and more hygienic
parks and beaches for [county/city] its residents and visitors, it is the intent of the [County
Board of Supervisors/City Council] , in enacting this ordinance, to prohibit smoking in parks and
beaches which are used by or open to the public and to prohibit smoking waste in those areas
thereby affirming and promoting a healthy environment in [county/city].
Sec. [2) ]. DEFINITIONS. The following words and phrases, whenever used in this [
article / chapter] shall have the meanings defined in this section unless the context clearly
requires otherwise:
a) "Beach" means the publicly owned zone of unconsolidated material that extends landward
from the mean low-water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of storm
waves. "Beach" includes a shore of a body of water covered by sand, gravel, or larger rock
fragments.
b) "Electronic Smoking Device" means an electronic device that may be used to deliver any
aerosolized or vaporized substance to the person inhaling from the device, including, but not
limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
c) "Park" means all public property specifically designated as being used for outdoor
recreational or park purposes and where children regularly congregate." Outdoor recreational or
park purposes" includes, but is not limited to, boating, golfing, camping, swimming, horseback
riding, and archaeological, scenic, or scientific sites and applies only to land which is open to
the general public.
d) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco
product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted tobacco product
whether natural or synthetic. "Smoking" also means using an electronic smoking device or any
other plant product intended for inhalation, including hookah and marijuana. For the purposes of
this policy only, smoking does not include the use of unfiltered cigars (pursuant to Florida
Statute )0X (XX).
e) "Tobacco Product" means:
16 Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E-Cigarettes and E-Liquid in the United States,
2010-2018. Clin Toxicol. 2020;58(6):488-494. doi: 10.1080/15563650.2019.
Chang JT, Rostron BL. Electronic Nicotine Delivery System(ENDS)Liquid Nicotine Exposure in Young Children
Present-ing to US Emergency Departments, 2018. In]Epidemiol. 2019;6:43.doi: 10.1186/s40621-019-0219-6.
1) any product containing, made, or derived from tobacco, nicotine or nicotine analogues that is
intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or
ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, or snus;
2) any electronic smoking device as defined in this [article/chapter] and any substances that
may be aerosolized or vaporized by such device, whether or not the substance contains
nicotine; or
3) any component, part, accessory, of (1) or (2), whether or not any of these contains tobacco
or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and
pipes.
Tobacco Product" does not mean drugs, devices, or combination products authorized for sale
by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
f) "Tobacco Product Waste" means any material that is left over and regularly intended to be
discarded after the use or consumption of a tobacco product. Tobacco Product Waste includes,
but is not limited to, discarded cigarette butt filters, cigar or cigarillo tips, cigarette packs, cigar or
cigarillo wrappers, electronic smoking devices of all types, electronic smoking device cartridges
or refill containers, plastic packaging, foil, or other disposable tobacco product remnants or
tobacco product packaging in any form.
g) "Vaping" means the inhaling, exhaling, or holding of an activated electronic smoking device.
Sec. [3) ]. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
a) Smoking and the use of all other tobacco products is prohibited in all parks and beaches
within [County/City]. Unfiltered cigars are exempted under 386.209, Florida Statutes.
Sec. [4) ]. OTHER REQUIREMENTS AND PROHIBITIONS.
a) No person shall dispose of tobacco product waste in any park or beach.
b) [The County/City manager or their designee] shall post at least one clear, conspicuous and
unambiguous "No Smoking or Vaping" sign at each point of ingress to the area, and in at least
one other conspicuous location where individuals congregate (such as restrooms, playgrounds,
or buildings)within each recreational area. For purposes of this section, the [County/City
Manager or their designee] shall be responsible for the posting of signs in regulated facilities
owned or leased in whole or in part by the [County/City]. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to a charge of smoking in violation of any
other provision of this ordinance.
Sec. [5) ]. COMPLIANCE AND ENFORCEMENT.
The success of this policy depends on the consideration and cooperation of both tobacco-users
and non-users. Individuals acting in violation of this policy will be reminded and asked to
comply. Individuals who violate this policy may be asked to leave the park or beach.
Enforcement and fines for violation of this section shall be in accordance with ordinance #X.XX.*
Sec. [6 ]. STATUTORY CONSTRUCTION & SEVERABILITY.
If any section, subsection or provision of this ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections or
provisions of this ordinance or its application to any other person or circumstance. [The Board of
County Commissioners/City Council] hereby declares that it would have adopted each section,
subsection or provision hereof independently, irrespective of the fact that any one or more other
sections, subsections or provisions hereof be declared invalid or unenforceable.
EFFECTIVE DATE
This policy shall take effect on
TIPS FOR EQUITABLE ENFORCMENT
Clear and accessible signage is a key to a successful enforcement strategy. Posting signs
throughout parks and beaches will serve as a reminder to visitors, and a deterrent. Additionally,
Criminal penalties as punishment for violation of this ordinance are strongly discouraged.
Limiting law enforcement involvement with enforcement may be an equity measure for
communities that are historically overpoliced. Lastly, if there are any fine structures or
community service penalties in place, those accused of violating the ordinance should have Due
Process rights and communities may consider a graduated enforcement scheme where fines
are minimal (i.e warning first, removal from park or beach second, minimal fine imposed as a
last resort).
MODEL FLORIDA TOBACCO-FREE OUTDOOR ORDINANCE
WITH VAPOR GENERATING DEVICES SEPERATLY DEFINED)In June 2022, Governor
DeSantis signed legislation that grants city and county governments the ability to ban smoking
at public parks and beaches. This new law could potentially impact Florida's 67 county park
systems and more than 400 city park systems. This model ordinance includes a number of
provisions a local government may choose to adopt in order to ban smoking and vaping at
public parks and beaches and to further advance public health.
A city or county planning to adopt this model ordinance, in whole or in part, should review it with
its attorney beforehand to determine suitability. While the model ordinance language can be
modified by adding or omitting content concerning activities that a city or county does or does
not seek to regulate, doing so may result in an ordinance that does not conform to state law,
federal law, and best public health policy practices.
Because provisions within this model ordinance are controlled by statute and rule, the city or
county attorney should review any modifications to ensure they conform to state and federal
law. The Public Health Law Center provides legal technical assistance to help communities that
wish to adopt commercial tobacco control ordinances. We encourage communities to contact us
for assistance when considering this model language.
Notice
In order to properly adopt an ordinance, cities and counties in Florida must follow specific
processes set out in state statute. Section 125.66 sets out the process for counties; Section
166.041 sets out the process for other municipalities. These statutes include requirements for
notice, publication, and form.
Tips for Using This Model Ordinance
The best possible world is one without the death and health harms associated with commercial
tobacco use. Communities differ on their readiness and willingness to adopt certain commercial
tobacco control policies that are intended to help make that world a reality. As such, this model
ordinance represents a balance between state minimum standards, best public health policy
practices, and practicality for local governments in Florida. This model ordinance contains
several policy components that go beyond state minimum requirements and communities may
or may not choose to adopt at this time
While the Public Health Law Center does not lobby, advocate, or directly represent
communities, adopting effective commercial tobacco control policies starts early with education,
stakeholder and community engagement, and a strong advocacy plan. If a community is
unaware of the resources available to them for engaging the community and developing an
advocacy plan, or if a city or county is considering adopting an ordinance and is interested in
learning about the range of resources available, the Public Health Law Center can provide
assistance through our publications and referrals to experts in the field. In certain, limited
circumstances, Public Health Law Center staff may be able to speak at public hearings or work
sessions to provide education about particular policy options.
Disclaimer]
The Public Health Law Center provides information and legal technical assistance on issues
related to public health. The Center does not lobby nor does it provide direct legal
representation or advice. This document should not be considered legal advice.
Section 1. FINDINGS.
Section 2. DEFINTIONS.
Section 3. PROHIBITION OF TOBACCO USE IN RECREATIONAL AREAS.
Section 4. OTHER REQUIRMENTS AND PROHIBITIONS.
Section 5. PENALTIES AND ENFORCEMENT.
Section 6. STATUTORY CONSTRUCTION & SEVERABILITY.
ORDINANCE NO. [
AN ORDINANCE OF THE [BOARD OF COUNTY COMMISSIONERS OF COUNTY,
FLORIDA/ CITY COUNCIL OF FLORIDA], PROHIBITING SMOKING AND VAPING
IN PUBLIC PARKS AND BEACHES WITHIN THE [CITY/COUNTY]
SECTION 1. FINDINGS
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat, as evidenced by the following:
The World Health Organization (WHO) estimates that tobacco kills up to half of its users,
amounting to more than 8 million deaths each year worldwide, including nearly half a
million people who die prematurely from smoking in the United States alone';
Tobacco use causes disease in nearly all organ systems and is responsible for an
estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79%
of all chronic obstructive pulmonary disease deaths in the United States2;
The estimated economic damage attributable to smoking and exposure to secondhand
smoke in the United States is nearly $300 billion annually;
1 U.S.Department of Health and Human Services. The Health Consequences of Smoking:50
Years of Progress.A Report of the Surgeon General.Atlanta, GA: U.S. Department of
Health and Human Services, Centers for Disease Control and Prevention, National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health.
2014.Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf NBK179276.pdf.
2 Id.
Id.
Despite significant progress, tobacco use remains the leading cause of preventable
death and disease in the United States',
Specifically, in Florida, 29.4% of cancer related deaths are attributable to smoking.'
Electronic vapor products have been found to contain nicotine, lead, formaldehyde, and
thousands of other chemicals. These products damac,e DNA and harm parts of the brain
responsible for learning and mental health.6
WHEREAS, secondhand smoke exposure is harmful and widespread, as evidenced by the
following:
Children exposed to secondhand tobacco smoke have an increased risk of sudden
infant death syndrome, asthma, physical and cognitive developmental abnormalities,
and cancer;
The 2006 U.S. Surgeon General's report, "The Health Consequences of Involuntary
Exposure to Tobacco Smoke," concluded that there is no safe level of exposure to
secondhand smoke;
The World Health Organization in 2007 declared that there is indisputable evidence that
implementing 100% smoke-free environments is the only effective way to protect the
population from the harmful effects of exposure +o secondhand smoke;
In Florida, 59% of children between ages 11 and 17 report being exposed to
secondhand smoke from cigarettes or electrons vapor products;
WHEREAS, there is emerging evidence that expcsure to the aerosol produced by a vapor-
generating electronic device may be harmful, as evidenced by the following:
E-cigarettes produce an aerosol that contains at least ten chemicals known to cause
cancer, birth defects, or other reproductive harm.
Bystanders exposed to e-cigarette aerosol can also absorb its nicotine.
The aerosol is made up of a high concentration of ultrafine particles, and the particle
concentration is higher than in conventiona; tobacco cigarette smoke.
Exposure to fine and ultrafine particles may exacerbate respiratory ailments like asthma,
and constrict arteries which could trigger a heart attack.
WHEREAS, tobacco waste is a major, consequential, and persistent source of litter, as
evidenced by the following:
The roughly 6.3 trillion cigarettes smoked globally each year result in 300 billion packs
that produce almost 2 million tons of wastepaper, cellophane, foil, and glue as well as
trillions of butts littered across roadways, sidewalks, parks, and other green spaces7;6
Id.
State proportion of cancer deaths attributable to smoking from Lortet-Tieulent, J, et al., "State-Level Cancer Mortality
Attributable to Cigarette Smoking in the United States,"JAMA Internal Medicine, published online October 24, 2016.
6 Tehrani et al., 2021;Williams, et al., 2019; Romberg et al., 2019; Ogunwale et al., 2017; Latvala et al., 2014;
National Institute on Drug Abuse, 2020.
Novotny TE, Lum K, Smith E,Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard-ous Cigarette Waste. Int J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/ijerph6051691.
Both tobacco industry and peer-reviewed research found that most smokers admit
littering their cigarette
butts9,53,54 for example, one study found 74.1% of smokers
admitted littering cigarette butts at least once in their life and 55.7% admitted to littering
them in the past month10;
In an observational study of nearly 10,000 individuals, 65% of smokers disposed of their
cigarette butts as litter";
Cigarette butts are perennially the most common form of litter collected during cleanup
programs worldwide. For example, in 2018, cigarette butts made up nearly 16% of all
litter collected through cleanup programs in the U.S. (809,538 out of 5,106,515 items)
Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm
drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean12;
As of August 2019, the U.S. Environmental Protection Agency recognizes nicotine-
containing vapor-generating electronic devices as acute hazardous waste when
disposed properly13;
WHEREAS, cigarette butts, smokeless tobacco, and vapor-generating electronic devices
pose a health threat of poisoning to young children, as evidenced by the following:
In 2018, American poison control centers logged nearly 13,000 cases involving exposure
to cigarettes, cigarette butts, vapor-generating electronic devices, or other tobacco
products, and of these, more than 10,000 (79.0%) occurred in children aged 5 years and
younger'';
Among the 10,266 cases of nicotine and tobacco product exposure recorded in 2018
among children 5 years of age and younger by American poison control centers, 50.3%
involved cigarettes, 18.4% involved vapor-generating electronic devices, and 8.0%
involved other tobacco products15;
The annual number of electronic cigarette exposure cases among children less than 5
years of age reported to American poison control centers increased from 10 in 2010 to
1,835 in 2018, a 14,015% increaset6; and
Novotny TE, Aguinaga Bialous S, Burt L, et al. The environmental and health impacts of tobacco agriculture,
cigarette manufacture and consumption. Bull World Health Organ. 2015;93(12):877-880. doi:
10.2471/BLT.15.152744.
Smith EA, Novotny TE.Whose Butt Is It?Tobacco Industry Research About Smokers and Cigarette Butt Waste.
Tob Control. 2011;20(Suppl 1):i2-9. doi: 10.1136/tc.2010.040105.
10 Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers' attitudes and behaviors. lnt
J Environ Res Public Health. 2012;9(6):2189-203. doi:10.3390/ijerph9062189.
11 Id.
12 Novotny TE, Lum K, Smith E, Wang V, Barens R. Cigarettes Butts and the Case for an Environmental Policy on
Hazard-ous Cigarette Waste. lnt J Environ Res Public Health. 2009;6(5):1691-1705. doi: 10.3390/ijerph6051691
Resource Conservation and Recovery Act; EPA Management Standards for Hazardous Waste Pharmaceuticals
and Amend-ment to the P075 Listing for Nicotine, 84 Fed. Reg. § 5816(August 21, 2019) (to be codified at 40 C.F.R.
pt.266(p)).
1aGummin DD, Mowry JB, Spyker DA, et al. 2018 Annual Report of the American Association of Poison Control
Centers' National Poison Data System (NPDS): 36th Annual Report. Clin Toxicol. 2019;57(12):1220-1413. doi:
10.1080/15563650.2019.1677022.
15 Id.
Children who ingest tobacco products can experience vomiting, nausea, lethargy, and
gagging, with e-liquids potentially posing a greater risk of toxicity or fatality through either
ingestion or transdermal absorption";
WHEREAS, Florida cities and counties have the legal authority to adopt local laws that prohibit
smoking in public parks and beaches.
NOW THEREFORE, in order to provide for the public health, safety, and welfare, reduce
unwanted and unwelcome exposure to secondhand smoke and the secondhand aerosol
produced by vapor-generating electronic devices, assure cleaner and more hygienic parks and
beaches for [county/city] its residents and visitors, it is the intent of the [County Board of
Supervisors/City Council] , in enacting this ordinance, to prohibit smoking and vaping in parks
and beaches which are used by or open to the public and to prohibit smoking and vaping waste
in those areas thereby affirming and promoting a healthy environment in [county/city].
Sec. [2) ]. DEFINITIONS. The following words and phrases, whenever used in this [
article / chapter] shall have the meanings defined in this section unless the context clearly
requires otherwise:
a) "Beach" means the publicly owned zone of unconsolidated material that extends landward
from the mean low-water line to the place where there is marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of storm
waves. "Beach" includes a shore of a body of water covered by sand, gravel, or larger rock
fragments.
b) "Vapor-generating Electronic Device" means an electronic device that may be used to deliver
any aerosolized or vaporized substance to the person inhaling from the device, including, but
not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.
c) "Park" means all public property specifically designated as being used for outdoor
recreational or park purposes and where children regularly congregate." Outdoor recreational or
park purposes" includes, but is not limited to, boating, golfing, camping, swimming, horseback
riding, and archaeological, scenic, or scientific sites and applies only to land which is open to
the general public.
d) "Smoking" means inhaling, exhaling, burning, carrying, or possessing any lighted or heated
tobacco product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted or
heated tobacco product whether natural or synthetic.. For the purposes of this policy only,
smoking does not include the use of unfiltered cigars (pursuant to Florida Statute XXX.XX).
e) "Tobacco Product" means:
16 Wang B, Liu S, Peroskie A. Poisoning Exposure Cases Involving E-Cigarettes and E-Liquid in the United States,
2010-2018. Din Toxicol.2020;58(6):488-494.doi: 10.1080/15563650.2019.
Chang JT, Rostron BL. Electronic Nicotine Delivery System(ENDS)Liquid Nicotine Exposure in Young Children
Present-ing to US Emergency Departments, 2018. In]Epidemiol. 2019;6:43. doi: 10.1186/s40621-019-0219-6.
1) any product containing, made, or derived from tobacco, nicotine or nicotine analogues that is
intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or
ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, or snus;
2) any vapor-generating electronic device as defined in this [article/chapter] and any
substances that may be aerosolized or vaporized by such device, whether or not the substance
contains nicotine; or
3) any component, part, accessory, of (1) or (2), whether or not any of these contains tobacco
or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, and
pipes.
Tobacco Product" does not mean drugs, devices, or combination products authorized for sale
by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
f) "Tobacco Product Waste" means any material that is left over and regularly intended to be
discarded after the use or consumption of a tobacco product. Tobacco Product Waste includes,
but is not limited to, discarded cigarette butt filters, cigar or cigarillo tips, cigarette packs, cigar or
cigarillo wrappers, vapor-generating electronic devices of all types, vapor-generating electronic
device cartridges or refill containers, plastic packaging, foil, or other disposable tobacco product
remnants or tobacco product packaging in any form.
g) "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.
Sec. [3) ]. PROHIBITION OF SMOKING AND VAPING IN RECREATIONAL AREAS.
a) Smoking and the use of all other tobacco products is is prohibited in all parks and beaches
within [County/City]. Unfiltered cigars are exempted under 386.209, Florida Statutes.
Sec. [4) ]. OTHER REQUIREMENTS AND PROHIBITIONS.
a) No person shall dispose of tobacco product waste in any park or beach.
b) [The County/City manager or their designee] shall post at least one clear, conspicuous and
unambiguous "No Smoking or Vaping" sign at each point of ingress to the area, and in at least
one other conspicuous location where individuals congregate (such as restrooms, playgrounds,
or buildings) within each recreational area. For purposes of this section, the [County/City
Manager or their designee] shall be responsible for the posting of signs in regulated facilities
owned or leased in whole or in part by the [County/City]. Notwithstanding this provision, the
presence or absence of signs shall not be a defense to a charge of smoking or vaping in
violation of any other provision of this ordinance.
Sec. [5) ]. COMPLIANCE AND ENFORCEMENT.
The success of this policy depends on the consideration and cooperation of both tobacco-users
and non-users. Individuals acting in violation of this policy will be reminded and asked to
comply. Individuals who violate this policy may be asked to leave the park or beach.
Enforcement and penalties for violation of this section shall be in keeping with ordinance # .*
Sec. [6 ]. STATUTORY CONSTRUCTION & SEVERABILITY.
If any section, subsection or provision of this ordinance, or its application to any person or
circumstance, is for any reason held to be invalid or unenforceable, such invalidity or
unenforceability shall not affect the validity or enforceability of the remaining sections or
provisions of this ordinance or its application to any other person or circumstance. [The Board of
County Commissioners/City Council] hereby declares that it would have adopted each section,
subsection or provision hereof independently, irrespective of the fact that any one or more other
sections, subsections or provisions hereof be declared invalid or unenforceable.
EFFECTIVE DATE
This policy shall take effect on
TIPS FOR EQUITABLE ENFORCMENT
Clear and accessible signage is a key to a successful enforcement strategy. Posting signs
throughout parks and beaches will serve as a reminder to visitors, and a deterrent. Additionally,
Criminal penalties as punishment for violation of this ordinance are strongly discouraged.
Limiting law enforcement involvement with enforcement may be an equity measure for
communities that are historically overpoliced. Lastly, if there are any fine structures or
community service penalties in place, those accused of violating the ordinance should have Due
Process rights and communities may consider a graduated enforcement scheme where fines
are minimal (i.e warning first, removal from park or beach second, minimal fine imposed as a
last resort).