The Brief

Florida lawmakers are considering SB 986 and HB 389 to expand bans on smoking and vaping in public places, including streets, parks, beaches and common areas statewide.

The bills would amend the Clean Indoor Air Act, broaden definitions to include marijuana, and tighten rules for airport customs smoking rooms and stand-alone bars.

If approved, the changes would take effect in July.

ORLANDO, Fla. – Florida lawmakers are moving to expand bans on smoking or vaping in public places, including streets, sidewalks, highways, public parks, beaches, and a number of common areas.

Legislation before the Florida Senate and Florida House (SB 986 / HB 389) would amend the state’s Clean Indoor Air Act to close some existing loopholes.

Dig deeper

The bill defines “public place” as any location to which the public has access, including streets, sidewalks, highways, public parks and beaches, and common areas — inside and outside — of schools, hospitals, government buildings, apartment and office buildings, hotels, restaurants, transportation facilities and retail shops.

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Lawmakers said the intent is to protect people from the health hazards of secondhand tobacco and marijuana smoke and vapor and to implement the state’s constitutional health initiative. The measure specifies that it is not meant to interfere with medical or scientific research or smoking and vaping cessation programs approved by the Florida Department of Health.

The legislation revises definitions in state law to include marijuana in the meaning of “smoking,” which now covers inhaling, exhaling, burning, carrying or possessing any lighted tobacco or marijuana product, including cigarettes, cigars and pipe tobacco.

It also updates the definition of “vape” or “vaping” to include inhaling or exhaling vapor from an electronic device that produces aerosol from nicotine, marijuana or other substances. Mere possession of a device would not be considered vaping under the law.

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The legislation would also tighten rules for so-called customs smoking rooms in airport in-transit lounges under federal control. Such rooms may still be designated by airport authorities in areas overseen by U.S. Customs and Border Protection, but the smoking or vaping of marijuana products would be prohibited there at any time.

In addition, the legislation makes a conforming change affecting stand-alone bars. To maintain that designation — which can affect smoking rules — a bar must continue to certify annually that no more than 10% of its gross revenue comes from the sale of food consumed on the premises.

Timeline

If signed into law, the act would take effect in July.

The Source

This story was written based proposed legislation before the Florida Senate (SB 986) and the Florida House (HB 389).