Yes, a new bill (SB 986) proposed in the Florida Legislature seeks to ban smoking and vaping of any kind in almost all public places statewide. If passed, the legislation would expand the definition of "public place" to include streets, sidewalks, parks, and beaches, effectively prohibiting the use of tobacco, vapes, and marijuana in these areas starting July 1.
Key Takeaways:
- Expanded Ban: SB 986 targets smoking and vaping in outdoor public spaces like sidewalks and parks.
- Marijuana Inclusion: The bill explicitly adds marijuana to the state's definition of smoking.
- Current Law: Indoor vaping is already banned in workplaces; outdoor use is currently permitted.
- Legal Hemp: Delta-8 and Delta-9 products remain legal for purchase by those 21+.
State Senators Joe Gruters and Ana Maria Rodriguez have confirmed a legislative push to drastically expand Florida's smoking and vaping restrictions. This development occurs amidst ongoing debates over public cannabis use, directly resulting in a proposal that could make lighting up or vaping illegal on virtually every public street and beach in the Sunshine State.
The Proposed Bill: SB 986 Explained
Currently, Florida law prohibits vaping in indoor workplaces and smoking marijuana in public, but allows for tobacco smoking and vaping in outdoor public spaces. Senate Bill 986 aims to close what proponents see as gaps in the Florida Clean Air Act (FCAA).
If enacted, the bill would redefine key terms to broaden the scope of prohibited activities and locations:
| Term | Proposed New Definition / Impact |
|---|---|
| "Public Place" | Expanded to include streets, sidewalks, highways, parks, beaches, and common areas of buildings (indoor and outdoor). |
| "Smoking" | Explicitly adds marijuana and hemp products to the definition, ensuring they face the same bans as tobacco. |
| Vaping | Banned in all areas where smoking is prohibited, aligning regulations for e-cigarettes with combustible products. |
Senator Rodriguez noted that under current statutes, public smoking of marijuana isn't technically banned in all contexts, a loophole this bill seeks to shut. If signed by Governor Ron DeSantis, the law would take effect on July 1.
Current Vaping and Smoking Laws in Florida
To understand the magnitude of this change, it is helpful to look at the existing landscape. The Florida Clean Air Act, enacted in 1985 and amended in 2003 and 2019, primarily focuses on indoor air quality.
- Indoor Workplaces: Smoking and vaping are banned.
- Permitted Areas: Private residences, retail tobacco shops, standalone bars, and designated hotel rooms are currently exempt from indoor bans.
- Outdoor Spaces: Currently, you can vape or smoke tobacco on sidewalks, parking lots, and beaches without violating state law.
The Marijuana and Hemp Factor
The bill also addresses the complex status of cannabis in Florida. While recreational marijuana failed to pass in November 2024, medical marijuana is legal but strictly regulated. Public consumption of medical marijuana is already illegal, but enforcement and definitions have been inconsistent.
Delta-8 and Delta-9 Status:
Despite the strict stance on marijuana, hemp-derived products like Delta-8 and Delta-9 THC remain legal in Florida for adults over 21, provided they contain less than 0.3% THC. These "diet weed" products are widely available in smoke shops. The new bill would not necessarily ban their sale but would prohibit their consumption in the newly defined public places.
What This Means for Residents and Tourists
Florida is a major tourist destination, and this legislation would fundamentally alter the experience for visitors. The image of smoking a cigar on a Miami beach or vaping while walking down a Key West sidewalk could become a thing of the past.
Critics may argue this is government overreach, while proponents, including Senator Gruters (who notably supported the recreational marijuana amendment), view it as a necessary step to maintain public order and health standards in shared spaces. As the bill moves through the legislature, residents and business owners alike will be watching closely to see if Florida decides to clear the air completely.
Digital Content Creator & Vape Industry Analyst
Jake Miller is a prominent voice in the American vaping community, known for his transparent, tech-focused approach to harm reduction and hardware innovation. With over six years of experience in the industry, Tyler transitioned from a hobbyist to a full-time content creator, building a loyal following through his unfiltered reviews and deep-dive technical tutorials.