MIAMI — A Florida Republican lawmaker is pushing one of the toughest outdoor smoking restrictions in the nation.
State Rep. Alex Andrade has introduced HB 389, a sweeping proposal that would ban smoking and vaping across every public space in Florida, dramatically reshaping the state’s long-standing culture around tobacco and cannabis.
The legislation seeks a major overhaul of Florida’s Clean Air Act, extending smoke-free rules far beyond enclosed spaces. If approved, the bill would outlaw lighting up — whether tobacco, hemp products, or electronic cigarettes — on sidewalks, streets, beaches, parks, highways, building common areas, hotel grounds, school areas, and commercial properties.
A Total Prohibition on Public Smoking
Andrade argues that the expansion is necessary to curb the growing concerns surrounding secondhand smoke and the rising use of vape devices in public settings.
The bill makes one point unmistakably clear:
No person would be permitted to smoke or vape in any public-access area.
The restrictions apply equally to drivers and pedestrians, as highways and public roads are explicitly listed as smoke-free zones. Anyone caught smoking or vaping outside a single-family private property — or the rare designated smoking area — could face civil fines.
A Controversial Carve-Out
Despite the bill’s tough language, HB 389 includes a notable exception:
Unfiltered premium cigars would remain permitted.
The exemption is already raising eyebrows, with critics questioning why cigar smokers get a pass while users of cigarettes, hemp products, and vape devices face total prohibition. Some point to Florida’s historic cigar industry as the political force behind the carve-out.
What Happens Next
HB 389 must clear multiple committees in both the Florida House and Senate before it can reach the governor’s desk during the 2026 legislative session.
If passed, the Sunshine State would become one of the most restrictive jurisdictions in the country for public smoking — impacting both residents and the millions of tourists who visit Florida every year.
