Smoking in Public Places

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(13)

s. 386.203(12)
.
83
84 The division shall establish by rule the format of the affidavit
85 required by this subsection. A licensed vendor shall not
86 knowingly make a false statement on the affidavit required by
87 this subsection. In addition to the penalties provided in
88 subsection (7), a licensed vendor who knowingly makes a false
89 statement on the affidavit required by this subsection may be
90 subject to suspension or revocation of the vendor’s alcoholic
91 beverage license under s. 561.29.
92 Section 6. This act shall take effect July 1, 2026.