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ORDINANCE NO. 2021- 008 <br />WHEREAS, in 2015, the National Academy of Medicine concluded that raising the <br />minimum legal sales age for tobacco products nationwide would reduce tobacco initiation, <br />particularly among adolescents aged 15 to 17, improve health across the lifespan, and <br />save lives; and that raising the minimum legal sales for tobacco products nationwide to <br />age 21 would, over time, lead to a 12 percent decrease in smoking prevalence; and <br />WHEREAS, 33 states and over 555 cities and counties have enacted minimum <br />legal sales age 21 policies to further restrict access to commercial tobacco; and <br />WHEREAS, the federal government has raised the age to 21; and <br />WHEREAS, raising the age for tobacco sales in Indian River County, Florida, <br />would lessen the accessibility of tobacco to minors and further the County's interest in <br />protecting the health, safety, and general welfare of the residents of the County; and <br />WHEREAS, the use of high-tech nicotine dispensing devices, commonly referred <br />to as electronic cigarettes or e -cigarettes, is becoming more prevalent and wide -spread; <br />and <br />WHEREAS, nationwide 40% of high school seniors have vaped in the last 30 days; <br />and <br />WHEREAS, e -cigarettes are the most common tobacco product used by 18 to 24 - <br />year -olds. As of 2020, e -cigarette use has increased 24.6% since 2011; and <br />WHEREAS, a laboratory test conducted by the U.S. Food and Drug Administration <br />(FDA) has shown that e -cigarette vapors contain carcinogens, and FDA tests showed that <br />e -cigarette vapors were found to contain toxic chemicals such as diethylene glycol, a <br />common ingredient in antifreeze; and <br />WHEREAS, the Florida Legislature has addressed the effects of smoking <br />conventional tobacco products and second-hand smoke by adoption of the "Florida Clean <br />Indoor Air Act," section 386.201, Florida Statutes et seq., which Act prohibits smoking in <br />specified indoor areas; and <br />WHEREAS, while the regulation of smoking is preempted to the state, per section <br />386.209, Florida Statutes, local governments can impose more restrictive regulations on <br />the use of vapor -generating devices, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />2 <br />f <br />