Florida Bill Could Vastly Expand Smoking, Vaping Bans Beyond Local Rules Statewide

Florida Lawmakers Push for Statewide Tobacco & Vaping Restrictions

Florida legislators have introduced House Bill 389 (HB 389), a sweeping proposal to expand smoking and vaping prohibitions across the state — extending beyond existing local ordinances and targeting public outdoor spaces, sidewalks, beaches, and more.

Under the bill’s language, “public places” would include streets, sidewalks, highways, public parks and beaches, and the common areas — both indoors and outdoors — of schools, hospitals, government buildings, apartment complexes, offices, lodging establishments, restaurants, retail shops and transportation facilities.

Importantly, the measure also seeks to add marijuana smoking or vaping to the list of banned activities in these locations — aligning cannabis with existing tobacco restrictions.

If passed, the legislation is slated to take effect on July 1, 2026.

Why This Matters Locally

For the Naples-Collier region:

• Many local governments and municipalities already regulate smoking in certain zones (e.g., parks, outdoor dining patios) — this bill would supersede those localized rules with uniform statewide regulation.

• Businesses (especially restaurants, outdoor dining venues, resorts) must prepare for a wider footprint of smoking/vaping prohibition — e.g., outdoor patios, adjacent sidewalks, even near beaches and public parks.

• For real-estate and community development: The expanded ban may affect how outdoor spaces are used or marketed — fewer “smoking-friendly” areas could shift amenity expectations for homes, resorts or commercial properties.

• From a public-health and tourism vantage: Bundling tobacco and marijuana vaping in high-traffic outdoor zones (sidewalks, beaches) signals accelerated regulatory attention — useful for property managers, hospitality operators and local municipalities to incorporate into risk or compliance planning.

Key Components of HB 389

• Coverage zones: Includes sidewalks, streets, public parks, beaches, highways, & shared common areas of buildings.

• Product scope: Smoking or vaping of tobacco and marijuana would be prohibited. Unfiltered cigars remain excluded.

• Carve-outs: Some exceptions allowed — e.g., smoking rooms in airports.

• Timeline: If enacted, goes into effect July 1, 2026.

What Happens Next & Things to Watch

• The bill will proceed through committee and full chamber votes in the Florida House and Senate. Its path through legislative session will determine timing and any potential amendments (e.g., exclusion zones, smoking buffers, enforcement details).

• Implementation logistics will need clarity: signage requirements, enforcement mechanisms, penalties for violations, and how local governments will coordinate with state-level rules.

• Local businesses and associations should begin reviewing outdoor-space policies now — especially patios, venues near public parks or beaches, and mixed indoor/outdoor hospitality spaces — to align with potential future compliance.