Local governments respond to new beach smoking law

Stephen Leatherman, aka Dr. Beach, adresses the press on Friday to celebrate the passage of a state law that allows local governments to regulate smoking on Florida beaches.
Stephen Leatherman, aka Dr. Beach, adresses the press on Friday to celebrate the passage of a state law that allows local governments to regulate smoking on Florida beaches.

As of July 1, local governments in Florida have the authority to regulate smoking on beaches through new laws known as the Florida Clean Air Act.

Cigarette butts are the fourth most harmful type of plastic to marine life, according to Ocean Conservancy research.

But how are local counties and cities responding to the new law? Here is a rundown of the latest developments, as local officials, residents, and tourists navigate uncharted waters.

Background: Sarasota officials, Dr. Beach celebrate new law allowing local governments to ban beach smoking

Opinion: Cigar smoking on beaches is an idea that stinks 

Sarasota County

From left: J.P. Brooker, director of Florida Conservation at Ocean Conservancy; Stephen Leatherman, aka Dr. Beach; State Sen. Joe Gruters hold mock cigarette butts to celebrate a new law allowing local governments to ban smoking on Florida beaches.
From left: J.P. Brooker, director of Florida Conservation at Ocean Conservancy; Stephen Leatherman, aka Dr. Beach; State Sen. Joe Gruters hold mock cigarette butts to celebrate a new law allowing local governments to ban smoking on Florida beaches.

According to Drew Winchester, a media relations officer for Sarasota County’s communications department, the majority of public beaches within Sarasota County are owned and operated by the county. Lido and Venice Beach, while owned by the city of Sarasota, and Venice, respectively, also are maintained by the county.

The Florida Clean Air Act applies to a vast array of beaches, and in a statement to the Herald-Tribune, a Sarasota County spokesperson outlined the county’s next steps with regard to smoking.

“Sarasota County continues to evaluate House Bill 105, which was recently signed by Gov. (Ron) DeSantis, for potential changes to related county ordinances,” the statement read.

“As we move through the evaluation process, we’re still asking our beach visitors to pack out what they pack in, including cigarette waste, and to respect others who are also enjoying our wonderful amenities.”

Manatee County

As of July 1, local governments in Florida have the authority to regulate smoking on beaches through new laws known as the Florida Clean Air Act.
As of July 1, local governments in Florida have the authority to regulate smoking on beaches through new laws known as the Florida Clean Air Act.

Four beaches — Anna Maria Bayfront Park, Coquina Beach, Manatee Beach, and Palma Sola Causeway Park — fall under the purview of Manatee County. According to Bill Logan, Manatee County’s information outreach manager, the County Commission sets and changes all policies for the county, including for beaches.

Director of Manatee County Parks and Natural Resources Charlie Hunsicker said via statement “with virtually every beach cleanup campaign — through volunteers and our own staff — we see the same patterns of many other public beaches throughout Florida, that of a preponderance of non-recyclable cigarette butts that add plastic fibers to our already overloaded Gulf of Mexico environment in a manner both harmful to animal life and our own family-oriented beach experiences.”

City of Sarasota

City Attorney Robert Fournier brought the issue to the City Commission’s attention at the July 5 meeting. Former mayor and current Commissioner Jen Ahearn-Koch, along with current Mayor Erik Arroyo, also weighed in.

Ahearn-Koch, who was present at a July 1 press conference at Lido Key Beach marking the new law, said she was “so thrilled that we finally have the ability in the city of Sarasota to regulate at the local level and the rest of the cities in Florida have this ability.”

At the July 5 meeting, Ahearn-Koch supported quick action on the issue.

“I would say move as swiftly as possible, would be my leaning towards this,” Ahearn-Koch said.

Ahearn-Koch elaborated on her stance, saying that a smoking ban is “an important piece of the puzzle, that we do everything we can to keep our beaches and our natural environment natural, and clean.” She also mentioned that residents and visitors have been supportive of a ban.

Noting that seabirds are migrating to local beaches, Ahearn-Koch emphasized the need for “environmentally sensible and responsible” action, while still creating designated areas near the beach for those who do smoke.

Arroyo agreed with Ahearn-Koch, noting the new authority given to local governments at that July 5 meeting.

“This bill has been a champion for bringing power back to the municipalities and the counties,” Arroyo said.

Arroyo noted that in his experience, cigarettes are more often found on beaches than cigars, which makes it reasonable for the law to distinguish between the two.

Town of Longboat Key

Allen Parsons, the planning, zoning and building director for the town of Longboat Key, said the Town Commission will take up the issue once it returns from its summer recess on Sept. 12. At the last meeting before the recess, the commission directed staff to prepare an ordinance “that would be able to take advantage of that state legislation change and prohibit smoking, except for in designated areas of the town’s beaches or parks,” according to Parsons.

Parsons expects enforcement to be similar to how other regulations apply to Longboat Key beaches, such as a ban on fires and a ban on dogs. Parsons called it “reactive enforcement,” whereby beachgoers call the police department when they see a violation.

“I think the primary intent is to keep the beaches clean, not necessarily to regulate behavior, but unfortunate side effects of those who are smoking on the beach, that sometimes they don’t throw their butts away,” Parsons said.

City of Anna Maria

When reached via email, LeAnne Addy, Anna Maria’s city clerk and treasurer, said a potential ban “will be discussed at an upcoming City Commission meeting. However, that meeting has not been scheduled yet, according to Addy.

This article originally appeared on Sarasota Herald-Tribune: Florida Clean Air Act forces local governments to take up issue