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Hillsborough County Commission votes to ban new vaping stores within 500 feet of schools

As more and more children find themselves addicted to vaping, county commissioners are looking for ways to keep vaping products further away.

HILLSBOROUGH COUNTY, Fla. — The Hillsborough County Commission voted to keep new vape stores away from schools. It was a unanimous decision – focused on changing the code for new businesses. 

Months ago, commissioners asked how many stores were selling vapes within 500 feet of Hillsborough County Schools. A report presented in Wednesday's commission meeting showed there are 200 retailers selling vapes and vaping products on the same block as many schools.

The current vaping ordinance in Hillsborough County prohibits underage sales but does not limit how close a store can be located to a school. 

"This is such a big issue," Commissioner Michael Owen said. "I was shocked to see the number of vape stores so close to a school."

Owen has been advocating for restrictions to be made on how close a vape store can be to a school.

"The goal with this for me is to prevent these stores from popping up right in front of schools because if you look at the front of the storefront, it's advertising, it's marketing to kids, whether they're intending to or not, that's an unintended consequence," Owen said. 

According to the Florida Department of Education, in the 2021 discipline data report, there were 454 vaping-related incidents in Hillsborough County schools. 

For commissioners, as parents – it's an issue many can relate to. 

"It's certainly something I think needs to be addressed, having young children [myself]," Commissioner Ken Hagan shared. 

Five Florida cities have ordinances in place now to restrict vaping and its sales near schools. Now, Hillsborough County is on its way to changing the land development code to do the same. 

The motion passed 7-0. 

This code change would impact new businesses-- not existing ones. It also excludes convenience stores and other retailers that sell vapes and vaping products as a minor portion of their overall sales. 

The motion, in full reads:

"To move to direct the development services department and the county’s attorney's office to prepare a land development code amendment to require retail businesses who sell vaping devices or products to be located at least 500 feet from a public or private elementary, middle or secondary school. The amendment would apply prospectively. It would not apply to existing retailers who established their businesses under the existing codes. 

The amendment should be applicable to vaping retailers who sell vaping devices and products as their primary use and should exclude convenience stores and other retailers who sell these items as only a minor portion of the stores' overall sales. Additionally consistent with staff report, we direct staff to reach out to law enforcement agencies to encourage the enforcement of existing laws at establishments that sell these products near schools and implement education and public outreach marketing campaigns to retailers and members of the public about the dangers of youth vaping.”

Commissioners are also reaching out to law enforcement agencies to encourage the enforcement of existing laws at stores selling vaping products. 

Malique Rankin is a general assignment reporter with 10 Tampa Bay. You can email her story ideas at mrankin@10tampabay.com and follow her FacebookTwitter, and Instagram pages.

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