GULFPORT, Fla – Local municipalities can now ban smoking on their beaches thanks to Florida HB 105, the law passed and signed by Florida's governor.
It's part of the Florida Clean Air Act which in part aims to protect the public from health hazards related to second-hand smoke.
This is not new territory for the City of Gulfport, which tried to implement a similar law and ban a decade ago.
Gulfport City officials applaud the passage of House Bill 105 and call it a step in the right direction when it comes to protecting beaches and marine life.
"I smoke sometimes," said Jason Klimer-Nixon who visits Gulfport Beach every day to catch the waves and the gorgeous view.
He is a smoker who says it's disheartening to see the amount of littering from cigarette butts.
"The filter is not natural," he said. "Cigar fine, joint fine, anything that breaks down that's fine, but not the butts of the cigarettes."
He's all for implementing a smoking ban at the public beach. The new law now leaves that up to local municipalities.
"Of course it's always good to get a level of home rule back," said City of Gulfport Mayor Sam Henderson. "I just think this particular piece of legislation presents an enforcement nightmare for local governments. I think it's a band-aid on a bullet wound."
Gulfport resident and non-smoker Cedric Nash agrees.
"You could spend the money on cleaning up the trash or you could spend the money on policing it," he added.
The smoking ban at beaches is not new to Gulfport.
The city passed a similar ordinance, which included all filtered smoking products and cigars back in 2011.
However, it was overturned after a lawsuit.
The new law specifically bans filtered smoking products, not unfiltered cigars or other items that naturally break down. The City manager says it's a good start.
"Every little bit helps," said Gulfport City Manager Jim O'Reilly as our background shows where we're at today. It's why people come to Florida. People come to Florida to make trips to the beach and if anything we can do to improve our beaches, so be it."
Mayor Henderson says littering should be enforced across the board.
Meanwhile, Klimer-Nixon says for beachgoers, non-smokers and smokers like himself; if the law is implemented locally, that would help discourage the habit of littering.
The City Council will ultimately make their decision on whether to move forward with the ban during their meeting Thursday.
Mayor Henderson tells Spectrum News if the City of Gulfport decides to enforce its previous ordinance, the language would have to be updated to exclude unfiltered cigars to comply with state standards.
