Published: Nov 06, 2010 12:46 AM EDT
Updated: Nov 05, 2010 9:47 PM EDT

NAPLES, Fla. - The mayor of Naples is hitting a wall in his effort to ban smoking on city beaches.  Now, he wants to change state law. 

In 2008, the mayor tried to get city council members to pass a smoking ban at beaches and parks, but they shot it down.  Now, he's reached another roadblock.  A state law called the Florida Clean Indoor Act.      

"Anything we passed as a local ordinance would get thrown out if someone challenges it," said Mayor Bill Barnett.  

That act allows only the state to enforce smoking bans.  Now, the mayor wants that changed and plans on asking county leaders to ask Tallahassee for help.  

"We just want home rule," said Mayor Barnett. 

Once he gets that, the mayor says he'll try once again to stomp out smoking.  Some people are all for the idea. 

"I don't like smoking in general and walking on the beach navigating cigarette butts," said visitor Nikki Shapiro.  "I often times think people bury their butts in the sand." 

But, others say an outdoor ban is a horrible idea.

"I think its ridiculous people should be able to smoke if they want to smoke," said beach-goer Lisa Smith.

"They can't enforce it is the bottom line, so its futile," said visitor Jesse Salas.

The mayor plans to meet with the legislative delegation later this month.