Issue link: https://newsleader.uberflip.com/i/102968
Sarasota News Leader January 11, 2013 Page 26 empt the regulation of all smoking, wherever He added, "I don't know how the Legislature located, to the State." can pass the straight-face test on this one." A July 21, 2011 opinion issued by the Florida "I agree completely with what CommissionAttorney General's Office in a case involving er Barbetta said," Patterson told her fellow the St. Johns River Water Management Dis- board members. "A huge portion of the state's trict — provided to the News Leader by the budget is Medicaid," she pointed out, "[and] a County Attorney's Office — is one example pretty good portion of ours, too, by the way. of the opinions Boehm Smoking increases referenced. It says, "In medical expenses with The legislators ought to be people, especially as sum: The Regulation of smoking is preempt- ashamed of themselves for doing this, they grow older." ed to the state pursu- that we can't restrict smoking on public Then Patterson asked ant to [the Clean In- property when cigarettes … kill. They County Attorney Stedoor Air Act], and the cause cancer, and we have to sit here on … District may not a public safety and health issue. We're phen DeMarsh, "Does this mean the beach as adopt a policy prohib- powerless. well?" iting smoking or tobacJoe Barbetta co use that is broader "Yes, it does," DeCommissioner than the terms of [that Sarasota County Marsh replied. statute]." Even before Patterson The Jan. 4 memo to the County Commission put forth her motion, DeMarsh warned of a points out that the statute contains the follow- slim likelihood that the Legislature could be ing provision: "This part expressly preempts persuaded to amend the statute to give local regulation of smoking to the state and super- governments more control over smoking. sedes any municipal or county ordinance on the subject; however, school districts may fur- With the meeting televised as usual, Reid ther restrict smoking by persons on school took the opportunity to point out to county employees that they still would be prohibited district property." from smoking, as the ruling did not have any "What gets me," Barbetta said on Jan. 8, "is bearing on employers' regulation of workers' [the Legislature] carved out that exception tobacco usage. for school district property, because, obviously, many children use libraries. … It's such a Commissioner Charles Hines voiced condouble standard. The legislators ought to be cerns about people smoking at Little League ashamed of themselves for doing this, that games held in county parks. When he said it we can't restrict smoking on public proper- appeared the operator of a facility for a party when cigarettes … kill. They cause cancer, ticular sporting event would be unable to ask and we have to sit here on a public safety and someone to stop smoking next to children, health issue. We're powerless. I'm … shocked DeMarsh replied that appeared to be the correct interpretation of the ruling. that this is happening."