TALLAHASSEE, Fla. — A Republican state representative has introduced a new bill that would prohibit smoking cigarettes and marijuana in most outdoor public spaces across Florida, marking a major expansion of the state’s current tobacco restrictions.
House Bill 389, filed by Rep. Alex Andrade of Pensacola, would ban smoking on streets, sidewalks, highways, public parks, and beaches, according to legislative records. The proposal would also extend to common areas outside apartment complexes, office buildings, hospitals, restaurants, and retail shops.
Under the bill, a “public place” includes any area accessible to the public—such as schools, hospitals, government buildings, lodging establishments, restaurants, transportation hubs, and retail spaces, both indoors and outdoors.
The measure would apply marijuana smoking and vaping under the same restrictions as tobacco products, with the only exemption for unfiltered cigars. Airport in-transit lounges would also become smoke-free zones, effectively eliminating most outdoor smoking breaks for workers in populated areas.
The proposed legislation explicitly states it “prohibits smoking in public places in this state, with exceptions,” and reiterates that the ban does not apply to unfiltered cigars.
Florida voters legalized medical marijuana through a constitutional amendment in 2016, while smoking was banned in all indoor workplaces via a 2002 ballot initiative. In 2022, lawmakers granted cities and counties the power to restrict smoking on local beaches and in public parks—a policy this new statewide bill would override.
Andrade’s proposal marks the most aggressive expansion of Florida’s Clean Indoor Air Act since its passage more than 20 years ago. Several local governments have already moved to limit smoking in outdoor recreation areas, citing health risks from secondhand smoke and litter concerns from discarded cigarette butts.
The bill does not specify penalties or clarify how law enforcement would enforce the ban. Similar measures have failed in past sessions, with opponents arguing they infringe on personal freedoms.
Still, public health advocates continue to push for stronger protections, especially in areas where children and families gather.
The bill now awaits committee assignments in the Florida House, where its future remains uncertain.
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