TALLAHASSEE — Florida lawmakers are advancing a significant proposal aimed at restricting public smoking across the state. Under the new legislation, smoking and vaping would be banned in numerous outdoor areas, including sidewalks, pools, restaurant and bar patios, beaches, and inside vehicles when children or pregnant women are present. This move comes as the state navigates discussions around the legalization of recreational marijuana, raising public health concerns.
The proposed legislation is encapsulated in two companion bills: Senate Bill 986 and House Bill 389. These bills aim to modernize the Florida Clean Air Act by reclassifying what constitutes “public places.” The new definition would encompass streets, highways, public parks, beaches, and common areas around schools, hospitals, and government buildings, as well as apartments, offices, restaurants, airports, and stores. Senate Bill 986 articulates a clear intention: “Prohibiting smoking or vaping a marijuana product in public places in this state, with exceptions.”
House Bill 389 similarly revises definitions related to smoking and vaping, and it seeks to prohibit these activities in public spaces, with specific exceptions outlined. Both pieces of legislation aim to close gaps in existing laws, which predominantly target indoor smoking. Currently, public smoking of marijuana is already prohibited for medical users, and vaping is restricted in indoor workplaces.
Sponsored by Sen. Joe Gruters, a Republican, the bills also include significant provisions for airport customs smoking rooms, making them entirely no-marijuana zones. Additionally, stand-alone bars would need to demonstrate that food sales account for less than 10% of their revenue to maintain their smoking exemption. Co-sponsors include Sen. Ana Maria Rodriguez, a fellow Republican, and Sen. Darryl Rouson, a Democrat.
If these bills pass and receive approval from Gov. Ron DeSantis, the changes could take effect as early as July 1, 2026. Advocates for the legislation emphasize the necessity of these measures for public health, especially in a state known for its favorable outdoor climate. They argue that expanding smoking restrictions aligns with a constitutional mandate to enhance public health and environmental quality.
Opposition to the bills has emerged, with critics labeling the proposed restrictions as an invasion of privacy that could drastically reduce the number of designated smoking areas. They argue that while the intention may be to protect public health, the enforcement of such bans could complicate daily life for smokers.
The timing of the proposed changes is significant. Florida’s marijuana laws have evolved recently, following voter-approved measures to expand access. As the state grapples with the intersection of recreational marijuana legalization and public smoking restrictions, the proposed legislation reflects a broader conversation about health, personal freedom, and the regulation of public spaces.
As discussions around these bills continue, both supporters and opponents are preparing for the implications that the legislation may have on the state’s smoking culture and public health landscape.
