Florida Senate - 2025                                     SB 226
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00155A-25                                           2025226__
    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 in public places in this state,
    8         with exceptions; providing applicability; amending s.
    9         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 a public place, except as otherwise
   55  provided in s. 386.2045. This prohibition does not apply to the
   56  smoking of unfiltered cigars.
   57         Section 4. Subsection (6) is added to section 386.205,
   58  Florida Statutes, to read:
   59         386.205 Customs smoking rooms.—A customs smoking room may
   60  be designated by the person in charge of an airport in-transit
   61  lounge under the authority and control of the Bureau of Customs
   62  and Border Protection of the United States Department of
   63  Homeland Security. A customs smoking room may be designated only
   64  in an airport in-transit lounge under the authority and control
   65  of the Bureau of Customs and Border Protection of the United
   66  States Department of Homeland Security. A customs smoking room
   67  may not be designated in an elevator, restroom, or any common
   68  area as defined by s. 386.203. Each customs smoking room must
   69  conform to the following requirements:
   70         (6) Smoking or vaping of marijuana products is prohibited
   71  in the room at any time.
   72         Section 5. Paragraph (a) of subsection (5) of section
   73  561.695, Florida Statutes, is amended to read:
   74         561.695 Stand-alone bar enforcement; qualification;
   75  penalties.—
   76         (5) After the initial designation, to continue to qualify
   77  as a stand-alone bar, the licensee must provide to the division
   78  annually, on or before the licensee’s annual renewal date, an
   79  affidavit that certifies, with respect to the preceding 12-month
   80  period, the following:
   81         (a) No more than 10 percent of the gross revenue of the
   82  business is from the sale of food consumed on the licensed
   83  premises as specified defined in s. 386.203(13) s. 386.203(12).
   84  
   85  The division shall establish by rule the format of the affidavit
   86  required by this subsection. A licensed vendor shall not
   87  knowingly make a false statement on the affidavit required by
   88  this subsection. In addition to the penalties provided in
   89  subsection (7), a licensed vendor who knowingly makes a false
   90  statement on the affidavit required by this subsection may be
   91  subject to suspension or revocation of the vendor’s alcoholic
   92  beverage license under s. 561.29.
   93         Section 6. This act shall take effect July 1, 2025.