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Beach mayors react to potential smoking ban proposed for all Florida public beaches

The bill calls for beach-goers caught smoking to be fined $25 or complete 10 hours of community service.

A new bill filed in the Florida Senate could soon make smoking a thing of the past along most of Florida's coastline.

Senator Joe Gruters, a Republican Senator from Sarasota, wants to ban the use of tobacco products at public beaches statewide.

According to the bill, SB 218, anyone caught smoking would be fined $25 or they would be required to do 10 hours of community service for a first-time offense.

The main reason behind the push for the ban is to help the environment since cigarette butts are the most common pollutants on beaches.

First Coast News asked beach-goers if they would support such a ban and received mixed opinions.

"I would be for it mainly because I think most people do not smoke, I think it would be respectful," said Miranda Pelky. "I think it would give a good name to Jacksonville Beach to be a non-smoking beach."

"Especially at the beach it’s a problem for cigarettes, so I think that’s not a bad idea," said Jay Moon.

"I think it would be great for there to be a ban on public smoking," said Adia Gomes. "I know some islands have this ban in action and it has shown to be good for your health."

"I wouldn’t have a problem with it, it’s a very family oriented environment here," said Joshua Williams.

"I think it’s pushing it, you’re out in the open," said Ted Gorenflow.

"I’m not a smoker, but I believe smokers’ rights should be preserved," said Philip Greenspun.

The proposed ban does, however, find vehement support by Neptune Beach Mayor Elaine Brown.

"I personally have been sitting there with my family and kids and then smoke comes across," said Mayor Brown. "They're nasty, for children to be digging and playing and building a sand castle and come up with cigarette butts. The butts on the beach need to be people, and you don't need to have cigarette butts all over the place."

She says she would gladly implement the law if passed.

"When you go to the beach, you really just want to have that ocean breeze, and it’s healthy out there," she said.

She says she would have enforced it by now, but she isn't able to.

"We just don’t have any power here at Neptune Beach, or at the beaches, it’s all up to the state. Then we have to see as a city what our rights are."

She says she does foresee issues with enforcement.

"Who pays for enforcement and how do you enforce it?" she asked.

In Jacksonville Beach, Mayor Charlie Latham says, "if the bill allows local governments to make the decision" he would "opt out" from implementing the ban.

Latham says he appreciates having the power to make that decision. Like other beach mayors, he is in favor of "home rule," which gives more control to local municipalities.

In Atlantic Beach, Mayor Ellen Glasser tells First Coast News, “If such a ban becomes state law, Atlantic Beach would certainly comply.”

She cites the dangers cigarette butts pose to our oceans as her main reason.

Glasser says their commission is meeting next week to conduct a visioning session to see if they have a consensus on support of smoke-free zones or for the legislation on an all-out ban.

"We may consider a voluntary program and education efforts," said Glasser.

Glasser elaborated, saying:

"Instead of an all-out ban, if the state gives cities the right to regulate this on a local level, we would certainly address this as a commission. I personally would advocate first to ban or second to have smoke-free zones on our local public beaches. Enforcement is always a challenge, so managing expectations and education would be important. Would be very difficult to enforce. I feel that having the weight of law creates an environment that would promote environmental stewardship as well as enjoyment and health benefits of public spaces.

There is history on this issue, and this has been tried in the past without success. Currently, the state preempts local municipalities from regulating smoking, Many feel that this ban would be an overreach by government. Others argue that beaches offer so much public space that some argue this is an attack on personal rights. This is interesting, given that, as a country, we have accepted bans and smoke-free zones in many other places! There are powerful lobbies that fight a ban or restrictions. Cities that have tried to address cigarette butts as solid waste littering have encountered difficulties. Also, cities have not been successful trying to create smoke-free zones. I am doing research on other legal issues and city best practices now.

At issue are not only public health and enjoyment of public spaces, but the present danger that cigarette butts present to our oceans. Recent news reports describe cigarette butts as a top contaminant of the oceans, above other plastics. Butts are made of non-biodegradable cellulose acetate, a type of plastic. This is a major pollution effort, and Atlantic Beach wants to be a part of the solution, not part of the problem!"

Right now, there is no companion bill in the Florida House of Representatives yet.

If passed, the law would go into effect starting July 1, 2019.

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