TO: Honorable Mayor & Members of the North Port Commission
FROM: Peter D. Lear, CPA, CGMA, City Manager
TITLE: Ordinance No. 2019-38, an ordinance of the City of North Port, Florida, repealing Section 50-6 of the Code of the City of North Port, Florida, entitled "Smoking"; providing for conflicts; providing for severability; providing for codification; and providing an effective date.
Recommended Action
Continue Ordinance No. 2019-38 to second reading on September 24, 2019.
Recommended Action for Second Reading:
Adopt Ordinance No. 2019-38
Background Information
Section 50-6 - Smoking of the Code of the City of North Port, Florida provides regulations regarding the posting of "no smoking" and "smoking area" signs, prohibits smoking of tobacco products in the Skate Park and during organized youth activities in the Narramore Sports Park, and provides penalties for offenses. This section was codified in 1990.
Florida Statutes Section 386.209 expressly preempts all regulation of smoking to the state. That section states in its entirety:
This part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject; however, school districts may further restrict smoking by persons on school district property. This section does not preclude the adoption of municipal or county ordinances that impose more restrictive regulation on the use of vapor-generating devices than is provided in this part.
Because this authority is preempted to the state, the City's code provision is unenforceable.
Of note, effective July 1, 2019, the newly-created Section 57.112 of the Florida Statutes provides an additional remedy in a civil suit alleging that a city ordinance is expressly preempted - the court must now award reasonable attorney fees and costs under certain circumstances.
Repealing Section 50-6 would bring the code into compliance with state law.
The City Commission heard this item at first reading on September 10...
Click here for full text