THE BILL ITSELF
HB 389
Smoking in Public Places
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A bill to be entitled
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An act relating to smoking in public places; amending
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s. 386.202, F.S.; revising legislative intent;
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amending s. 386.203, F.S.; defining the term "public
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place"; revising the definition of the terms "smoking"
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and "vape" or "vaping"; amending s. 386.204, F.S.;
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prohibiting smoking in public places in this state,
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with exceptions; providing applicability; amending s.
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386.205, F.S.; revising requirements for customs
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smoking rooms to prohibit smoking and vaping of
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marijuana products at any time; amending s. 561.695,
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F.S.; conforming a cross-reference; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 386.202, Florida Statutes, is amended
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to read:
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386.202 Legislative intent.—The purpose of this part is to
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protect people from the health hazards of secondhand tobacco and
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marijuana smoke and vapor and to implement the Florida health
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initiative in s. 20, Art. X of the State Constitution. It is the
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intent of the Legislature to not inhibit, or otherwise obstruct,
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medical or scientific research, or smoking or vaping cessation
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programs approved by the Department of Health.
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Section 2. Present subsections (9) through (17) of section
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386.203, Florida Statutes, are redesignated as subsections (10)
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through (18), respectively, a new subsection (9) is added to
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that section, and present subsections (11) and (13) of that section are amended, to read:
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386.203 Definitions.—As used in this part:
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(9) "Public place" means a place to which the public has
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access, including, but not limited to, streets; sidewalks;
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highways; public parks; public beaches; and the common areas,
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both inside and outside, of schools, hospitals, government
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buildings, apartment buildings, office buildings, lodging
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establishments, restaurants, transportation facilities, and
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retail shops.
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(12)(11) "Smoking" means inhaling, exhaling, burning,
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carrying, or possessing any lighted tobacco or marijuana
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product, including cigarettes, cigars, pipe tobacco, and any
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other lighted tobacco or marijuana product.
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(14)(13) "Vape" or "vaping" means to inhale or exhale
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vapor produced by a vapor-generating electronic device or to
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possess a vapor-generating electronic device while that device
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is actively employing an electronic, a chemical, or a mechanical
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means designed to produce vapor or aerosol from a nicotine or
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marijuana product or any other substance. The term does not
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include the mere possession of a vapor-generating electronic
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device.
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Section 3. Section 386.204, Florida Statutes, is amended
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to read:
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386.204 Prohibition.—A person may not smoke or vape in an
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enclosed indoor workplace or a public place, except as otherwise
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provided in s. 386.2045. This prohibition does not apply to the
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smoking of unfiltered cigars.
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Section 4. Subsection (6) is added to section 386.205,
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Florida Statutes, to read:
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386.205 Customs smoking rooms.—A customs smoking room may
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be designated by the person in charge of an airport in-transit
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lounge under the authority and control of the Bureau of Customs
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and Border Protection of the United States Department of
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Homeland Security. A customs smoking room may be designated only
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in an airport in-transit lounge under the authority and control
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of the Bureau of Customs and Border Protection of the United
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States Department of Homeland Security. A customs smoking room
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may not be designated in an elevator, restroom, or any common
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area as defined by s. 386.203. Each customs smoking room must
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conform to the following requirements:
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(6) Smoking or vaping of marijuana products is prohibited
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in the room at any time.
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Section 5. Paragraph (a) of subsection (5) of section
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561.695, Florida Statutes, is amended to read:
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561.695 Stand-alone bar enforcement; qualification;
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penalties.—
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(5) After the initial designation, to continue to qualify
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as a stand-alone bar, the licensee must provide to the division
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annually, on or before the licensee's annual renewal date, an
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affidavit that certifies, with respect to the preceding 12-month
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period, the following:
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(a) No more than 10 percent of the gross revenue of the
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business is from the sale of food consumed on the licensed
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premises as specified defined in s. 386.203(13) s. 386.203(12).
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The division shall establish by rule the format of the affidavit
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required by this subsection. A licensed vendor shall not
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knowingly make a false statement on the affidavit required by
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this subsection. In addition to the penalties provided in
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subsection (7), a licensed vendor who knowingly makes a false
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statement on the affidavit required by this subsection may be
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subject to suspension or revocation of the vendor's alcoholic
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beverage license under s. 561.29.
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Section 6. This act shall take effect July 1, 2026.