Smoking ban? Florida playgrounds could be smoke-free under bill

The bill (SB 342) is narrow in scope and aimed at protecting children from second-hand smoke at parks, and it grants counties and cities more local control.
The bill would not allow local governments to regulate smoking on private property.
Right now the Florida Legislature pre-empts local governments from banning smoking on their property, so the bill, if passed, would grant more authority to the state's cities and counties.
"What this bill would do would give local governments the ability to regulate smoking in playgrounds," said state Sen. Rob Bradley, the bill's sponsor. Chesterfield Red cigarettes.
Titled the "Florida Clean Indoor Air Act," the bill has the support of the Florida League of Cities and the Florida Association of Counties.
Tickets would not be issued immediately. First, law enforcement would be required to ask the smokers to put out the cigarette and notify them of the penalties. If that's ignored, the officer would ask the smoker to leave. If that's refused, the officer could issue a civil citation of no more than $100 for the first offense and no more than $500 for a second offense.
"The restricted area would be clearly marked by a no-smoking sign," said Bradley, R-Fleming Island.
Though the bill passed the panel unanimously, some senators had concerns. State Sen. Nancy Detert, R-Venice, said some cities have banned all outdoor smoking within their limits and worried if that's Florida's future.
"Is this the first step on the road to no smoking outdoors anywhere ever'" Detert said.
Bradley assured her that was not his goal but said he couldn't "speak to others' intentions."
He said the legislation wouldn't apply to "just an open field." But, though not clearly stated in the bill, he believed it would allow counties and cities to ban smoking on its open properties that are contiguous to a playground.
The legislation defines a playground as a place "designed solely for children" and which has "one or more playground structures." By the definition, a public area with only one swing or slide would be considered a playground, Bradley said.
State Sen. Audrey Gibson, D-Jacksonville, had concerns about those loose definitions, and Bradley said he would be open to improving them as the bill moves forward in the committee process. Regulated Industries was the bill's first of three committee stops in the Senate.
"Ithink it's a fair, common-sense approach to the issue," Bradley said.