Florida HB 389: Smoking in Public Places

Bill Text

HB 389 2026

CODING: Words stricken are deletions; words underlined are additions.
hb389-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to smoking in public places; amending 2
s. 386.202, F.S.; revising legislative intent; 3
amending s. 386.203, F.S.; defining the term "public 4
place"; revising the definition of the terms "smoking" 5
and "vape" or "vaping"; amending s. 386.204, F.S.; 6
prohibiting smoking in public places in this state, 7
with exceptions; providing applicability; amending s. 8
386.205, F.S.; revising requirements for customs 9
smoking rooms to prohibit smoking and vaping of 10
marijuana products at any time; amending s. 561.695, 11
F.S.; conforming a cross-reference; providing an 12
effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Section 386.202, Florida Statutes, is amended 17
to read: 18
386.202 Legislative intent.—The purpose of this part is to 19
protect people from the health hazards of secondhand tobacco and 20
marijuana smoke and vapor and to implement the Florida health 21
initiative in s. 20, Art. X of the State Constitution. It is the 22
intent of the Legislature to not inhibit, or otherwise obstruct, 23
medical or scientific research, or smoking or vaping cessation 24
programs approved by the Department of Health. 25

HB 389 2026

CODING: Words stricken are deletions; words underlined are additions.
hb389-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Section 2. Present subsections (9) through (17) of section 26
386.203, Florida Statutes, are redesignated as subsections (10) 27
through (18), respectively, a new subsection (9) is added to 28
that section, and present subsections (11) and (13) of that 29
section are amended, to read: 30
386.203 Definitions.—As used in this part: 31
(9) "Public place" means a place to which the public has 32
access, including, but not limited to, streets; sidewalks; 33
highways; public parks; public beaches; and the common areas, 34
both inside and outside, of schools, hospitals, government 35
buildings, apartment buildings, office buildings, lodging 36
establishments, restaurants, transportation facilities, and 37
retail shops. 38
(12)(11) "Smoking" means inhaling, exhaling, burning, 39
carrying, or possessing any lighted tobacco or marijuana 40
product, including cigarettes, cigars, pipe tobacco, and any 41
other lighted tobacco or marijuana product. 42
(14)(13) "Vape" or "vaping" means to inhale or exhale 43
vapor produced by a vapor-generating electronic device or to 44
possess a vapor-generating electronic device while that device 45
is actively employing an electronic, a chemical, or a mechanical 46
means designed to produce vapor or aerosol from a nicotine or 47
marijuana product or any other substance. The term does not 48
include the mere possession of a vapor-generating electronic 49
device. 50

HB 389 2026

CODING: Words stricken are deletions; words underlined are additions.
hb389-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Section 3. Section 386.204, Florida Statutes, is amended 51
to read: 52
386.204 Prohibition.—A person may not smoke or vape in an 53
enclosed indoor workplace or a public place, except as otherwise 54
provided in s. 386.2045. This prohibition does not apply to the 55
smoking of unfiltered cigars. 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 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

HB 389 2026

CODING: Words stricken are deletions; words underlined are additions.
hb389-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(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 sa