Submitted By: Rusella Bowes-Johnson
presenter
Presentation By: Sean Lanier
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Department: Water & Sewer
STAFF RECOMMENDATION (Motion Ready):
title
Adopt Ordinance 2025-25, repealing Sec. 70-371., Code of Ordinances, City of Ocala, Florida, requiring fluoridation of the municipal potable water supply
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OCALA’S RELEVANT STRATEGIC GOALS:
Quality of Place.
PROOF OF PUBLICATION:
Ocala Gazette - June 6, 2025 - Notice ID AaSK2zn0y6Gh2qwutcL1
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BACKGROUND:
The public health initiative to combat tooth decay and promote oral health by fluoridation of municipal drinking water dates to the 1940s.
Since 1961, the Code of Ordinances, City of Ocala, Florida, has required that fluoride be added to our municipal drinking water. Codified at Section 70-371, this provision was last amended by Ordinance 2019-44 in June of 2019.
At all times since 1961, the City of Ocala has complied with this code requirement and has added fluoride to our municipal drinking water.
On or about May 14, 2025, Florida Legislature passed and transmitted to the Governor Senate Bill 700, often referred to as the “Florida Farm Bill,” which, among other things, amended Section 403.859, Florida Statutes, to prohibit the use of any additive in any public water system which does not meet the definition of a “water quality additive” as defined by Section 403.852(19), Florida Statutes, as amended by Senate Bill 700. Senate Bill 700 also provided a new definition of “water quality additive” which does not include fluoride, thereby effectively prohibiting its addition to public water systems; and
On or about May 15, 2025, Florida Governor Ron DeSantis signed said Senate Bill 700 into law and the legislation has now been codified as Chapter 2025-22, Laws of Florida.
The effective date of the new law is July 1, 2025 and, in order to bring the Code of Ordinances, City of Ocala, Florida, into compliance with this new Florida law, Section 70-371 must be amended.
FINDINGS AND CONCLUSIONS:
Chapter 2025-22, Laws of Florida (Senate Bill 700) provides in pertinent part:
• Section 31. Subsection (19) is added to section 403.852, Florida Statutes, to read:
403.852 Definitions; ss. 403.850-403.864.-As used in ss. 403.850-403.864:
(19) “Water quality additive” means any chemical, additive, or substance that is used in a public water system for the purpose of:
(a) Meeting or surpassing primary or secondary drinking water standards;
(b) Preventing, reducing, or removing contaminants; or
(c) Improving water quality.
• Section 32. Subsection (8) is added to section 403.859, Florida Statutes, to read:
403.859 Prohibited acts.-The following acts and the causing thereof are prohibited and are violations of this act:
(8) The use of any additive in a public water system which does not meet the definition of a water quality additive as defined in s. 403.852(19).
In order to bring the Code of Ordinances, City of Ocala, Florida into compliance with this new Florida law, it is necessary to amend Section 70-371 to repeal its fluoridation requirement.
FISCAL IMPACT:
N/A
PROCUREMENT REVIEW:
N/A
LEGAL REVIEW:
The ordinance has been reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2025-25
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA REPEALING SECTION 70-371, CODE OF ORDINANCES, CITY OF OCALA, FLORIDA, SO AS TO TERMINATE THE INTRODUCTION OF FLUORIDE INTO THE MUNICIPAL POTABLE WATER SUPPLY IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION 403.859, FLORIDA STATUTES, AS AMENDED BY SENATE BILL 700 (2025); PROVIDING DIRECTION TO STAFF; PROVIDING DIRECTION TO THE CODIFIER; REPEALING INCONSISTENT AND/OR CONFLICTING PROVISONS; PROVIDING FOR SEVERABILITY OF ORDINANCE PROVISIONS; PROVIDING FOR MODIFICATIONS ARISING FROM CONSIDERATION AT A PUBLIC HEARING; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on or about June 5, 2019, the City Council of the City of Ocala, Florida adopted Ordinance 2019-44 which amended Section 70-371 of the Code of Ordinances, City of Ocala, Florida so as to provide for the requirement that fluoride be added the municipal potable water supply for the City of Ocala, Florida; and
WHEREAS, since said amendment to Section 70-371, Code of Ordinances, City of Ocala, Florida, the City of Ocala has remained compliant with said requirement to add fluoride to the municipal potable water supply for the City of Ocala, Florida; and
WHEREAS, on or about May 14, 2025, the Florida Legislature passed and transmitted to the Governor Senate Bill 700, often referred to as the “Florida Farm Bill,” which, among other things, amended Section 403.859, Florida Statutes, to prohibit the use of any additive in any public water system which does not meet the definition of a “water quality additive” as defined by Section 403.852(19), Florida Statutes, as amended by Senate Bill 700; and
WHEREAS, said Senate Bill 700 also provided a new definition of “water quality additive” which does not include fluoride, thereby effectively prohibiting its addition to public water systems; and
WHEREAS, on or about May 15, 2025, Florida Governor Ron DeSantis signed said Senate Bill 700 into law with an effective date of July 1, 2025; and
WHEREAS, the City of Ocala, Florida desires to remain complaint with the requirements of Florida law; and
WHEREAS, in order to remain compliant with Section 403.859, Florida Statutes, as newly revised by Senate Bill 700, the City of Ocala, Florida must amend the Code of Ordinances, City of Ocala, Florida to repeal the mandatory addition of fluoride to the municipal potable water supply as required by Section 70-371, Code of Ordinances, City of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that this ordinance and the repeal of Section 70-371, Code of Ordinances, City of Ocala, Florida, contained herein have a public purpose and further the protection of the health, safety and welfare of the citizens of the City of Ocala, Florida; and
WHEREAS, the City Council of the City of Ocala, Florida finds and determines that this ordinance and the amendments to Section 70-371, Code of Ordinances, City of Ocala, Florida, contained herein are in the best interest of the City of Ocala, Florida and its citizens; and
NOW THEREFORE, be it ordained, by the City Council of the City of Ocala, Florida, in regular session, as follows:
Section 1. Ratification, Adoption and Incorporation of Recitals.
The City Council of the City of Ocala, Florida ratifies the above-outlined recitals as true and correct; adopts and incorporates them herein as part and parcel of this ordinance.
Section 2. Purpose and Authority for Ordinance.
A. This ordinance is adopted for the purpose of repealing Section 70-371, of the Code of Ordinances, City of Ocala, Florida so as to comply with the requirements of Section 403.859, Florida Statutes, as amended by Florida Senate Bill 700 (2025), signed into law by Florida Governor Ron DeSantis on or about May 15, 2025.
B. This ordinance is adopted pursuant to:
i. The authority granted by Chapter 166, Florida Statutes; and
ii. In accordance with Section 403.859, Florida Statutes, as amended by Florida Senate Bill 700 (2025), signed into law by Florida Governor Ron DeSantis on or about May 15, 2025; and
iii. Other relevant provisions of Florida and federal law.
Section 3. Repeal of Section 70-371, Code of Ordinances, City of Ocala, Florida.
Section 70-371 of the Code of Ordinances, City of Ocala, Florida is hereby repealed in its entirety.
Section 4. Direction to Staff.
The City Council of the City of Ocala, Florida directs staff to take any and all steps necessary to effectuate the adoption and implementation of this ordinance; and all other matters as provided for above and herein as well as to ensure the orderly and effective administration and implementation of the intent of this ordinance and the specific matters outlined herein.
Section 5. Direction to the Codifier.
It is the intention of the City Council of the City of Ocala, Florida that (1) this ordinance shall become and be made a part of the Code of Ordinances, City of Ocala, Florida, (2) the sections and paragraphs of this ordinance may be renumbered or relettered in order to accomplish said intention; (3) terms or headings not affecting the intent of this ordinance may be changed to further accomplish said intention; and (4) any scrivener’s error(s) contained herein which do not affect the intent of this ordinance be corrected with the authorization of the City Manager or their designee and without the need for additional public hearings or consideration by the City Council.
Section 6. Repealing Inconsistent and/or Conflicting Provisions.
The City Council of the City of Ocala, Florida hereby specifically repeals, to the extent of any such conflict, any and all ordinances, resolutions, policies, procedures and/or other articles which are conflicting and/or inconsistent with this ordinance and the intent and direction provided by the City Council herein.
Section 7. Severability of Ordinance Provisions.
If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, it is the intent of the City Council of the City of Ocala, Florida that (1) such portion shall be deemed a separate, distinct and independent provision; (2) such holding shall not affect the validity of the remaining portions hereof; and (3) this ordinance be adopted as though any such provision was not included herein.
Section 8. Modifications Arising from Consideration at a Public Hearing.
It is the intention of the City Council of the City of Ocala, Florida that (1) the provisions of this ordinance may be modified as a result of its consideration by the City Council of matters that may arise during the public hearing(s) at which this ordinance is considered; and (2) any such modifications shall be incorporated into the final version of this ordinance.
Section 9. Effective Date of Ordinance.
This ordinance shall become effective immediately upon approval by the Mayor or becoming law without such approval.
PASSED AND ADOPTED, in a regular session with a quorum present and voting, by the City Council of the City of Ocala, Florida this ______ day of June, 2025.
ATTEST: CITY OF OCALA
By: By:
Angel B. Jacobs Kristen M. Dreyer
City Clerk President, Ocala City Council
Approved/Denied by me as Mayor of the City of Ocala, Florida, on __________________, 2025.
By: __________________________________
Ben Marciano
Mayor
Approved as to form and legality:
By: _________________________________
William E. Sexton
City Attorney
Ordinance No: 2025-25
Introduced: 6/10/2025
Adopted: 6/17/2025
Legal Ad No: Ocala Gazette - June 6, 2025 - Notice ID AaSK2zn0y6Gh2qwutcL1