Florida's proposed House Bill 389 aims to implement a comprehensive statewide ban on smoking and vaping in most public areas and indoor workplaces. If passed, the legislation would prohibit the use of tobacco and marijuana products in locations ranging from parks and beaches to restaurants and offices, effective July 1, 2026.
Key Takeaways:
- Broad Scope: Bans smoking/vaping in streets, parks, beaches, and workplaces.
- Includes Vaping: Covers electronic devices for nicotine and marijuana.
- Exceptions: Unfiltered cigars and specific airport smoking lounges remain exempt.
- Bar Rules: Stand-alone bars must prove food revenue is under 10% to allow smoking.
Florida lawmakers have introduced House Bill 389, a measure designed to safeguard the public from the health risks of secondhand smoke and vapor. This development occurs amidst a push for stricter health initiatives, directly resulting in potential widespread prohibitions on smoking and vaping across the state.
Expanding the Definition of "Public Place"
The bill significantly broadens what constitutes a "public place" where smoking and vaping would be illegal. This expansive definition includes:
- Streets, sidewalks, and highways.
- Public parks and beaches.
- Common areas of schools, hospitals, and government buildings.
- Restaurants, retail shops, and apartment complexes.
- Any enclosed indoor workplace.
Defining Smoking and Vaping
Under HB 389, "smoking" covers inhaling, exhaling, burning, or possessing any lit tobacco or marijuana product, including cigarettes, cigars, and pipes. "Vaping" is defined as using an electronic device to create aerosol from nicotine, marijuana, or other substances. However, mere possession of a vape device remains legal.
Exceptions and Specific Regulations
While the ban is extensive, the bill carves out specific exceptions:
| Location/Item | Regulation Status |
|---|---|
| Unfiltered Cigars | Exempted from the ban. |
| Stand-alone Bars | Smoking allowed if food revenue is ≤10% of gross income (annual affidavit required). |
| Airport Lounges | Smoking rooms permitted only in customs/in-transit areas; marijuana strictly forbidden. |
If enacted, the legislation is scheduled to take effect on July 1, 2026.
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