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n <br />ORDINANCE NO. 99- 2 5 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, <br />PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN <br />SELF-SERVICE DISPLAYS ACCESSIBLE TO MINORS; <br />PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. <br />WHEREAS, the Florida Legislature has enacted laws, located in Chapter 569, <br />Florida Statutes, that provide for increased regulation of the retail sale of tobacco <br />products; and <br />D <br />WHEREAS, within Chapter 569, Florida Statutes, the Florida Legislature has <br />provided for civil, administrative, and/or criminal penalties for the sale of tobacco <br />products to a person under the age of 18 and for the possession of such tobacco <br />products by a person under the age of 18; and <br />WHEREAS, the State of Florida has entered into a settlement agreement with <br />the tobacco industry for billions of dollars to reimburse the state for some of the health <br />care costs incurred by the state due to the prevalence of tobacco use; and <br />WHEREAS, the settlement agreement between the State of Florida and the <br />tobacco industry provides for a pilot program which is aimed specifically at the reduction <br />of the use of tobacco by persons under the age of 18; and <br />WHEREAS, the U.S. Surgeon General and the U.S. Department of Health and <br />Human Services have found that a majority of those Americans who die of tobacco <br />related diseases became addicted to tobacco products prior to reaching the legal age of <br />consent; and <br />I YJ <br />that 90% of tobacco retailers have tobacco products located on, in front of, and beside <br />the counter, and 25% of tobacco retailers have tobacco product displays and open <br />containers located directly next to entranceways; and <br />WHEREAS, the Board of County Commissioners and the citizens of Indian River <br />County are concerned about the use of tobacco products by persons under the age of <br />18; and <br />WHEREAS, the Board of County Commissioners believes that a reduction in the <br />availability, both visually and physically, of tobacco products to persons under the age <br />of 18 will likely lead to a reduction in tobacco product use by that age group; and <br />WHEREAS, Chapter 569, Florida Statutes, does not prohibit local governments <br />from regulating the placement and merchandising of tobacco products; and <br />