Stogie News: Florida Bill Would Open Door to Outdoor Bans
Florida is the cultural, historical, and economic center for the U.S. cigar industry. That makes the Sunshine States legal climate for cigar smokers worth watching.
Unfortunately, smokers rights are once again under attack in Florida. Kathleen C. Passidomo, a state representative from Naples, has introduced House Bill 211, which would amend the Florida Clean Indoor Air Act. A companion bill has also been introduced in the State Senate by Alan Hays. Part of the Florida Clean Indoor Air Act is a preemption by the state in the area of smoking regulation. What this means is that unlike California, where municipalities can pass anti-smoking regulations that are stricter than the state statute, local governments in Florida cannot pass their own local anti-smoking regulations.
The proposed bills would change the language in the preemption section from this part expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject to this part expressly preempts regulation of
indoor smoking to the state and supersedes any municipal or county ordinance on the subject. Adding indoor makes a huge difference because it would allow local municipalities the unfettered right to create legislation that bans smoking in outdoor areas such as sidewalks, beaches, and public parks.
