TALLAHASSEE — Smoking in public could be essentially snuffed out in Florida under a new proposal by state lawmakers to impose new restrictions, including banning it along sidewalks and pools; outside restaurant and bar patios; on beaches; and inside cars when children or pregnant women are present.
As part of that push, two companion bills — Senate Bill 986 and House Bill 389 — are seeking to modernize the Florida Clean Air Act by redefining what constitutes “public places” so that it includes streets, highways, public parks, beaches and common areas around schools, hospitals, government buildings even apartments and offices as well as restaurants, airports and stores.
Senate Bill 986 reads, “Smoking in Public Places; Defining the term “public place”; revising the definition of the terms “smoking” and “vape” or “vaping”; prohibiting smoking or vaping a marijuana product in public places in this state, with exceptions, etc.”
House Bill 389 reads, “Smoking in Public Places; Revises legislative intent; defines “public place”; revises definition of terms “smoking” & “vape” or “vaping”; prohibits smoking in public places in this state, with exceptions; provides applicability; revises requirements for customs smoking rooms to prohibit smoking & vaping of marijuana products at any time.”
The measures would ban smoking or vaping tobacco products, marijuana and other substances at these sites, closing what advocates call gaps in existing laws that are geared mostly toward indoor spaces.
Sponsored by Republican Sen. Joe Gruters in the Senate, with co-sponsors including GOP Sen. Ana Maria Rodriguez and Democrat Sen. Darryl Rouson, the bills have gathered momentum as Florida struggles with what recreational marijuana could mean for residents’ personal health plans.
In the House, HB 389 is being headed by Rep. Alex Andrade, a Pensacola Republican. If approved and signed by Gov. Ron DeSantis, the changes could become effective as soon as July 1, 2026.
Advocates say the expansion is needed for public health — especially in a state where people are outdoors so much of the time.
The bills also include a crackdown on airport customs smoking rooms, making them outright no-marijuana zones, and require stand-alone bars to prove that food does not account for more than 10% of their revenue in order to keep their smoking exemption. Supporters say the measures align with a constitutional mandate to improve public health and environmental quality, and do not impede approved medical or research uses.
But opponents argue the plans are an invasion of privacy and could mean there are few places left for smokers to puff away.
The existing bans in Florida already prevent the public smoking of marijuana by medical users and vaping at indoor workplaces. The updates are timely, since the state’s pot laws have changed with voters’ blessing. But opponents say it also could mean more enforcement headaches for people in their everyday public lives.