Flagler County Commission approves first of two hearings to prohibit smoking, vaping in county parks

While the ordinance would prohibit smoking and vaping in county parks, the county can, but is not required to, provided designated smoking areas.


Flagler County Attorney Al Hadeed. File photo by Jonathan Simmons
Flagler County Attorney Al Hadeed. File photo by Jonathan Simmons
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The Flagler County Commission has approved the first reading of an ordinance that would ban smoking and vaping in county parks. 

The ordinance will prohibit smoking and vaping in any form in the county's public parks. It also allows, but does not require, the county to designate smoking areas, according to meeting documents. Florida Statute does prevent municipalities from prohibiting smoking unfiltered cigars, county attorney Al Hadeed said, but that is the only exception.

The Flagler Commission approved the first reading in a 4-0 vote, with commissioner David Sullivan absent from the Sept. 3 meeting. The second reading of the ordinance will be on Sept. 16. 

Every year in the U.S., about 41,000 nonsmoking adults die from a disease caused by secondhand smoke exposure, according to Tobacco Free Florida's website. Nonsmokers exposed to secondhand smoke also have a 25-30% higher risk of heart disease, a 20-30% higher risk of stroke and a 20-30% higher risk of developing lung cancer, data from the website said.

Tobacco Free Florida Program Manager Terry Williams said she was thankful for the commission in supporting the initiative.

"It seemed like it was something that was never going to happen, and I'm just glad to see it has," Williams said. "It's a hard thing to get done. I don't know why, but it's been difficult."

Commissioner Donald O'Brien asked Hadeed about how the recreational marijuana amendment, which is on the ballot for November would impact this ordinance.

The amendment — Florida Amendment 3 on the November ballot — would legalize "adults 21 years or older to possess, purchase, or use marijuana products and marijuana accessories for non-medical personal," according to the Florida Department of Elections website. If passed by voters, it would allow the consumption of marijuana by "smoking, ingestion or otherwise," including vaping.

O'Brien said if the measure is approved, he wanted to ensure the language in the ordinance included the smoking or vaping of marijuana. 

"I don't see it specifically saying that with respect to smoke, it only talks about tobacco products," O'Brien said. "And I just want to make sure we've covered those bases."

Hadeed said the phrase "including but not limited to" encompasses marijuana, but that if the amendment passes, the county can always go back and change the ordinance to explicitly include smoking or vaping marijuana.

In the fall of 2022, Flagler Beach passed its own ordinance prohibiting smoking on its beaches, in its parks and on the boardwalk. Palm Coast does not have an ordinance prohibiting smoking in its public spaces. 

 

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