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Fort Myers Beach adopts ordinance banning smoking, vaping on town parks and beaches
Summary
The Town Council adopted Ordinance 26-07 on second and final reading to prohibit smoking and vaping in town public parks and beaches (consistent with a 2022 state carve-out); the council also discussed signage and enforcement options and voted unanimously to adopt the measure.
The Fort Myers Beach Town Council on Monday adopted Ordinance 26-07, banning smoking and vaping in town-owned parks and beaches and applying the prohibition to county parks within the town’s boundaries to the extent allowed by state law.
Town attorney Nancy explained that Florida law generally preempts smoking regulation, but a 2022 legislative change allows municipalities to regulate smoking and vaping on public beaches and parks they own. "The area of smoking regulation is preempted from local governments," Nancy told the council, but she added that the 2022 exception authorizes towns to regulate smoking within their public beaches and parks. She noted the ordinance excludes unfiltered cigars in line with the statutory carve-out.
Council members focused on public education and signage. Several councilors praised sample educational signs from Pinellas County that explain environmental impacts and show a stepped fine schedule; staff said enforcement would likely proceed through a notice-of-violation or magistrate process and recommended coordinating with the county on signage and enforcement where county parks are involved.
After brief public comment (none at that time), Councilor Link moved to adopt the ordinance on second reading; the motion was seconded and passed on a unanimous vote.
What happens next: staff said code and enforcement will develop any fine schedule and plan signage and outreach. The town’s code officer or magistrate would handle violations under the enforcement approach the council adopts.
No fiscal note for enforcement fines was finalized during the meeting; staff said they could return with fee-schedule recommendations.
