Florida HB 389 seeks statewide ban on smoking and vaping in public places and indoor workplaces

Key points

• Florida HB 389 would ban smoking and vaping in public places and all enclosed indoor workplaces statewide.
• “Public place” is defined broadly (streets, sidewalks, highways, parks, beaches) and extends to common areas of schools, hospitals, government buildings, apartments, restaurants, and retail shops.
• Smoking covers inhaling/exhaling/burning/possessing lit tobacco or marijuana products (including cigars and cigarettes).
• Vaping covers using electronic devices to create aerosol from nicotine, marijuana, or other substances; possession alone is not illegal.
• Exceptions/rules include limits on customs smoking rooms and new compliance requirements for stand-alone bars.
• Proposed effective date: July 1, 2026.

2Firsts, Feb 10, 2026

According to WFTV9, Florida House Bill HB 389 would prohibit smoking and vaping in public places and in any enclosed indoor workplace statewide, aiming to reduce health risks linked to secondhand tobacco and marijuana smoke, as well as vapor exposure.

The bill adopts a wide definition of “public place,” covering streets, sidewalks, highways, parks, and public beaches, and extending to common areas of schools, hospitals, government buildings, apartment complexes, restaurants, and retail shops. Smoking would include inhaling, exhaling, burning, or possessing any lit tobacco or marijuana product, such as cigars, cigarettes, and pipes. Vaping would cover use of an electronic device to generate vapor or aerosol from nicotine, marijuana, or other substances, while clarifying that mere possession of a vapor-producing device would not be illegal.

HB 389 also lays out exceptions and operational rules, including strict limits on customs smoking rooms, which could only be located within airport in-transit lounges managed by U.S. Customs and Border Protection, and would prohibit smoking or vaping marijuana products there at all times. The measure further establishes annual affidavit requirements for stand-alone bars to retain their legal status, with potential alcohol license suspension or revocation for knowingly false submissions.

If passed, the act is scheduled to take effect July 1, 2026.

Image source: WFTV9