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CLERK'S CERTIFICATE
STATE OF FLORIDA
COUNTY OF OKALOOSA
CITY OF CRESTVIEW
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I, Maryanne Girard, City Clerk for said City of Crestview, duly appointed, qualified, and acting,
and keeper of the records and seals thereof, do hereby certify the attached to be a true, complete,
and correct copy of Ordinance 1966 duly passed by the City Council of the City of Crestview at
a Regular meeting of said City Council on the 8th day of April 2024, as the said matter appears
on file and of record in this office.
I do further certify that prior to the execution of this certificate by me, the said Ordinance has
been spread at length upon the permanent records of said City, where it now appears and remains
in the book of Ordinances of the City kept by myself, a book labeled Ordinances.
IN WITNESS WHEREOF, I have hereunto set my hand and seal of said City at my office in
the City of Crestview, Florida, this 10th day of April 2024.
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City of Crestview
Okaloosa County, Florida
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File U 3681885
04/12/2024 01:01:28 PM Total Pages: 4
Fees: $35.50
JD Peacock II, Clerk of Circuit Court & Comptroller
Okaloosa County, FL
ORDINANCE 1966
AN ORDINANCE OF THE CITY OF CRESTVIEW, FLORIDA,
PROVIDING FOR AUTHORITY; PROVIDING FOR AMENDING
CHAPTER 58 OF THE CODE OF ORDINANCES TO PROHIBIT
SMOKING WITHIN TWIN HILLS PARK AS AUTHORIZED BY
CHAPTER 386.209 OF THE FLORIDA STATUTES; PROVIDING FOR
FILING OF THIS ORDINANCE WITH THE CLERK OF THE CIRCUIT
COURT OF OKALOOSA COUNTY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
LIBERAL INTERPRETATION; PROVIDING FOR REPEAL OF ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Chapter 386.209 of the Florida Statutes formerly preempted the regulation
of smoking to the State of Florida; and
WHEREAS, Citizens that currently utilize outdoor recreational facilities within the City
limits are subject to unhealthy secondhand smoke from inconsiderate smokers; and
WHEREAS, a report by the United States Department of Health and Human Services,
Surgeon General states that tobacco smoke contains over 7,000 chemicals, including hundreds
that are toxic and up to 69 that are known to cause cancer, and exposure to secondhand smoke
can cause numerous health problems and has been linked to cancer and other fatal diseases; and
WHEREAS, the staff analysis published for House Bill (HB) 105 references studies
from United Health Foundation, America's Health Rankings, the Centers for Disease Control
and Prevention, and others regarding the impact that smoking has on the health of citizens; and
WHEREAS, the Center of Disease Control states secondhand smoke is generally defined
as smoke from burning tobacco products or smoke that is exhaled by a tobacco smoker; and
WHEREAS, the reports referenced in the staff analysis for HB 105 further states that
exposure to secondhand smoke can cause health problems and has been causally linked to cancer
and other fatal diseases. Studies suggest that secondhand smoke in crowded outdoor areas can
cause concentrations of air contaminants comparable to those caused by indoor smoking; and
WHEREAS, state law prior to FY 2022-2023 prohibited cities and counties from
establishing reasonable smoke -free zones or designated smoking areas so that citizens can enjoy
recreational facilities without encountering dangerous secondhand smoke; and
WHEREAS, HB 105, as amended, passed the Florida Legislature on March 2, 2022, and
was adopted by the Governor on June 24, 2022, becoming effective on July 1, 2022; and
WHEREAS, the City Council determines a public health and safety need to prohibit
smoking within certain areas within certain City parks.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA AS
FOLLOWS:
SECTION 1- AUTHORITY. The authority for enactment of this ordinance is Chapter 166.021,
Florida Statutes, Section 386.209 of the Florida Statutes, and Section 2 of the City Charter.
SECTION 2 — AMENDMENT OF CODE OF ORDINANCES SECTION 58-1— USE
REGULATIONS. Section 58-1 of the City of Crestview shall be amended as follows:
(18) Smoking in Twin Hills Park Prohibited. Smoking and/or the use of vapor-
eenerating devices within the boundaries of Twin Hills Park is prohibited as
authorized by Chapter 386.209, F.S., except for designated smoking areas posted
by the City. Unfiltered cigars are exempt from this provision.
SECTION 3 — FILING. Upon passage, the City Clerk is directed to file a copy of this
ordinance with the Clerk of Circuit Court of Okaloosa County and with the Florida Department
of the State.
SECTION 4 - SEVERABILITY. If any word, phrase, sentence, paragraph or provision of this
ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional, such finding shall not affect the other provisions or applications of this
ordinance which can be given effect without the invalid or unconstitutional provision or
application, and to this end the provisions of this ordinance are declared severable.
SECTION 5 - SCIVENER'S ERRORS. The correction of typographical errors which do not
affect the intent of this Ordinance may be authorized by the City Manager or the City Manager's
designee, without public hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 6 - ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be
liberally construed in order to effectively carry out the purposes hereof which are deemed not to
adversely affect public health, safety, or welfare.
SECTION 7 - REPEAL OF CONFLICTING CODES, ORDINANCES, AND
RESOLUTIONS. All Charter provisions, codes, ordinances and resolutions or parts of charter
provisions, codes, ordinances and resolutions or portions thereof of the City of Crestview, in
conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict.
SECTION 8 - EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
Passed and adopted on second reading by the City Council of Crestview, Florida on the 8th day
of April 2024.
Wage
Approved by me this 8th day of April 2024.
ATTEST:
hitten, Mayor
ard, City Clerk
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