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Fort Myers Beach to consider smoking-and-vaping ordinance for parks and beach access areas
Summary
Town staff outlined a draft ordinance to ban smoking and vaping in certain public parks and beach access areas consistent with the Florida Clean Air Act’s carve-out for beaches and parks; council asked staff to bring the draft back for first reading and public comment.
Town staff told Fort Myers Beach council on Monday they have drafted an ordinance to prohibit smoking and vaping in specified public parks and some beach-access areas, and to remove outdated indoor-smoking language from the town code that state law preempts.
Nancy, the town attorney, explained that Florida’s 2022 update to what was formerly called the Clean Indoor Air Act left in place a statewide preemption for indoor smoking regulation but created a narrow carve-out permitting local governments to regulate smoking in public beaches and parks. Staff noted Lee County recently updated its ordinance to include vaping and that the town could adopt similar language limited to the areas it controls.
Will said the proposal was timely and focused on public health, litter and the visitor experience. “Cigarette butts and vape cartridges are among the most common items found on coastal cleanups,” he said, and added that the measure is intended to protect beaches, wildlife and family-friendly tourism. Rebecca, who researched environmental impacts, emphasized the plastic and battery waste from some vaping devices as an environmental concern.
Councilor John McLean said he was ambivalent about an additional local restriction, citing enforceability concerns and the statutory exclusion for unfiltered cigars. Several council members agreed the immediate priority should be to clean up unenforceable indoor-smoking language in the town code; the town attorney said she will refine the draft to make clear which parks and access points the ordinance would cover and to prepare the measure for first reading, public comment and a second reading if council approves.
Staff also noted a Sanibel ordinance with similar wording was recently on second reading; the town will watch neighboring municipalities’ final actions. No formal vote was taken Monday; council gave staff direction to return with a proposed ordinance for first reading and public hearing.
