Martin County

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File #: 21-1048   
Type: Public Hearing Status: Passed
In control: Board of County Commissioners
On agenda: 9/28/2021 Final action: 9/28/2021
Title: PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REPEALING ARTICLE 6 RELATING TO TOBACCO PRODUCTS AND AMENDING ARTICLE 7 RELATING TO ELECTRONIC NICOTINE DELIVERY DEVICES OF CHAPTER 87, GENERAL ORDINANCES, MARTIN COUNTY CODE
Attachments: 1. Tobacco 21 Repeal Ordinance.pdf
PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE REPEALING ARTICLE 6 RELATING TO TOBACCO PRODUCTS AND AMENDING ARTICLE 7 RELATING TO ELECTRONIC NICOTINE DELIVERY DEVICES OF CHAPTER 87, GENERAL ORDINANCES, MARTIN COUNTY CODE
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EXECUTIVE SUMMARY:
executive summary
On November 17, 2020, the Board of County Commissioners (Board) adopted Ordinance 1149 which, among other things, established 21 as the minimum age to purchase and use tobacco products in Martin County and established a tobacco distribution licensing requirement for tobacco retailers in Martin County. On May 7, 2021, Governor DeSantis signed Senate Bill (SB) 1080 relating to tobacco and nicotine products. Under the new legislation, the establishment of the minimum age for purchasing or possession, and the regulation for the marketing, sale or delivery of tobacco or nicotine products is preempted to the state beginning October 1, 2021.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Elysse A. Elder
Title: Senior Assistant County Attorney
REQUESTED BY:

PRESET:
PROCEDURES: None

BACKGROUND/RELATED STRATEGIC GOAL:

On December 20, 2019, President Trump signed legislation to amend the Federal Food, Drug and Cosmetic Act to raise the federal minimum age for the purchase of tobacco products from 18 to 21. This created inconsistencies with many states' laws that established 18 as the minimum age for the purchase of tobacco products, including Florida. Even though the Florida Legislature approved Senate Bill (SB) 810 in the 2020 legislative session which raised the minimum age for the sale of tobacco products to 21 in Florida, the bill was vetoed by Governor DeSantis. As a result, Florida law was inconsistent with federal law for the minimum age to purchase tobacco products. This created an enforcement issue for local law enforcement.

Recognizing the inconsistency between federal and state law and to combat the negative impacts ...

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