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0 <br />PUBLIC HEALTH <br />LAW CENTER <br />At Mitchell HemPno Scholl of Law <br />Section 12. Severability. <br />If any section or provision of this ordinance is held invalid, such invalidity will not affect other <br />sections or provisions that can be given force and effect without the invalidated section or <br />provision.. <br />Section 13. Effective Date. <br />This ordinance becomes effective on the date of its publication. <br />Endnotes <br />1 Although Florida law preempts the ability of local governments to restrict smoking in public places, there is no compa- <br />rable provision related to regulating tobacco at the point of sale through licensing regulations. See Florida Statutes, Sec. <br />386.209. <br />2 These findings are modified from the findings in the Alachua County licensing ordinance. <br />3 This definition matches the definition in Florida Statutes, Sec. 877.1120)(a). <br />4 This definition matches the definition in Florida Statutes. Sec. 877.112(1)(b). <br />5 This is a broader definition than the one found in Florida Statutes, Sec. 569.002(6). That definition is limited to prod- <br />ucts made from tobacco leaves that can be smoked, sniffed, or chewed. <br />b This provision is based on language in the Alachua County licensing ordinance. Should a Florida city or county adopt <br />an ordinance with a minimum legal sale age of 18 rather than 21 it would be preferable to use signage language that <br />mirrors the language required by Florida Statutes, Sec. 569.14. <br />7 See Florida Statutes. Sec. 569.11. <br />8 The graduated license suspension system is borrowed from Alachua County's licensing ordinance. <br />June 2019 <br />136 <br />