Florida SB 986: Smoking in Public Places

Bill Text

986 
Smoking in Public Places 
2025-12-19T06:04:06Z 
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. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 986 

 By Senator Gruters 

 22-00705B-26 2026986__ 
 1 A bill to be entitled 
 2 An act relating to smoking in public places; amending 
 3 s. 386.202, F.S.; revising legislative intent; 
 4 amending s. 386.203, F.S.; defining the term “public 
 5 place”; revising the definition of the terms “smoking” 
 6 and “vape” or “vaping”; amending s. 386.204, F.S.; 
 7 prohibiting smoking or vaping a marijuana product in 
 8 public places in this state, with exceptions; amending 
 9 s. 386.205, F.S.; revising requirements for customs 
 10 smoking rooms to prohibit smoking and vaping of 
 11 marijuana products at any time; amending s. 561.695, 
 12 F.S.; conforming a cross-reference; providing an 
 13 effective date. 
 14 
 15 Be It Enacted by the Legislature of the State of Florida: 
 16 
 17 Section 1. Section 386.202, Florida Statutes, is amended to 
 18 read: 
 19 386.202 Legislative intent.—The purpose of this part is to 
 20 protect people from the health hazards of secondhand tobacco and 
 21 marijuana smoke and vapor and to implement the Florida health 
 22 initiative in s. 20, Art. X of the State Constitution. It is the 
 23 intent of the Legislature to not inhibit, or otherwise obstruct, 
 24 medical or scientific research, or smoking or vaping cessation 
 25 programs approved by the Department of Health. 
 26 Section 2. Present subsections (9) through (17) of section 
 27 386.203, Florida Statutes, are redesignated as subsections (10) 
 28 through (18), respectively, a new subsection (9) is added to 
 29 that section, and present subsections (11) and (13) of that 
 30 section are amended, to read: 
 31 386.203 Definitions.—As used in this part: 
 32 (9) “Public place” means a place to which the public has 
 33 access, including, but not limited to, streets; sidewalks; 
 34 highways; public parks; public beaches; and the common areas, 
 35 both inside and outside, of schools, hospitals, government 
 36 buildings, apartment buildings, office buildings, lodging 
 37 establishments, restaurants, transportation facilities, and 
 38 retail shops. 
 39 (12)(11) “Smoking” means inhaling, exhaling, burning, 
 40 carrying, or possessing any lighted tobacco or marijuana 
 41 product, including cigarettes, cigars, pipe tobacco, and any 
 42 other lighted tobacco or marijuana product. 
 43 (14)(13) “Vape” or “vaping” means to inhale or exhale vapor 
 44 produced by a vapor-generating electronic device or to possess a 
 45 vapor-generating electronic device while that device is actively 
 46 employing an electronic, a chemical, or a mechanical means 
 47 designed to produce vapor or aerosol from a nicotine or 
 48 marijuana product or any other substance. The term does not 
 49 include the mere possession of a vapor-generating electronic 
 50 device. 
 51 Section 3. Section 386.204, Florida Statutes, is amended to 
 52 read: 
 53 386.204 Prohibition.—A person may not smoke or vape in an 
 54 enclosed indoor workplace or smoke or vape a marijuana product 
 55 in a public place, except as otherwise provided in s. 386.2045. 
 56 Section 4. Subsection (6) is added to section 386.205, 
 57 Florida Statutes, to read: 
 58 386.205 Customs smoking rooms.—A customs smoking room may 
 59 be designated by the person in charge of an airport in-transit 
 60 lounge under the authority and control of the Bureau of Customs 
 61 and Border Protection of the United States Department of 
 62 Homeland Security. A customs smoking room may be designated only 
 63 in an airport in-transit lounge under the authority and control 
 64 of the Bureau of Customs and Border Protection of the United 
 65 States Department of Homeland Security. A customs smoking room 
 66 may not be designated in an elevator, restroom, or any common 
 67 area as defined by s. 386.203. Each customs smoking room must 
 68 conform to the following requirements: 
 69 (6) Smoking or vaping of marijuana products is prohibited 
 70 in the customs smoking room at any time. 
 71 Section 5. Paragraph (a) of subsection (5) of section 
 72 561.695, Florida Statutes, is amended to read: 
 73 561.695 Stand-alone bar enforcement; qualification; 
 74 penalties.— 
 75 (5) After the initial designation, to continue to qualify 
 76 as a stand-alone bar, the licensee must provide to the division 
 77 annually, on or before the licensee’s annual renewal date, an 
 78 affidavit that certifies, with respect to the preceding 12-month 
 79 period, the following: 
 80 (a) No more than 10 percent of the gross revenue of the 
 81 business is from the sale of food consumed on the licensed 
 82 premises as described defined in s. 386.203(