TALLAHASSEE, Fla. — A new Florida bill (HB 389) aims to ban smoking and vaping in public areas and indoor workplaces statewide.
The legislation aims to safeguard the public from health risks linked to secondhand tobacco and marijuana smoke and vapor.
The measure modifies multiple sections of the Florida Statutes to establish the Florida Health Initiative as described in the State Constitution. Although the bill broadens restrictions on smoking and vaping, it clarifies that its purpose is not to hinder medical research or cessation programs authorized by the Department of Health.
The legislation establishes a broad definition of a “public place,” including streets, sidewalks, highways, public parks, and public beaches.
This designation also extends to the common areas of schools, hospitals, government buildings, apartment complexes, restaurants, and retail shops. Individuals would be prohibited from smoking or vaping in these locations or within any enclosed indoor workplace.
Under the bill, smoking includes inhaling, exhaling, burning, or possessing any lit tobacco or marijuana product, such as cigars, cigarettes, and pipes.
Vaping refers to using an electronic device to create vapor or aerosol from nicotine, marijuana, or other substances. The bill specifies that simply possessing a vapor-producing device is not illegal.
The measure includes specific exceptions, such as smoking unfiltered cigars. It also sets guidelines for customs smoking rooms, which can only be located within airport in-transit lounges managed by the U.S. Bureau of Customs and Border Protection. Smoking or vaping marijuana products is strictly forbidden in these rooms at all times, and they cannot be placed in restrooms, elevators, or common areas.
The bill specifies conditions for stand-alone bars to keep their legal status. Licensees are required to submit an annual affidavit verifying that no more than 10% of their gross revenue comes from food consumed on-site.
Owners who intentionally submit false information on these affidavits risk having their alcohol licenses suspended or revoked.
The act is scheduled to take effect July 1, 2026.
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