Legislative Alert: HB 389 (Smoking in Public Places)
As the Florida Legislature considers new alcoholic beverage laws that may affect manufacturers, distributors, vendors, and consumers, the firm tracks the policymaking action through the Legislative Alert series of posts here. Bill updates, amendments, and hearings can be accessed directly through the Florida House’s website.
HB 389 is related to alcoholic beverages insofar as many bar owners will want to know if it becomes law. Under existing law, the public use of medical marijuana is strictly limited. This bill would essentially ban the smoking of anything but unfiltered cigars in any public place.
This bill, as initially filed, further defines the term “public place” to include streets, sidewalks, highways, public parks, and public beaches. Importantly, the inside and outside common areas of schools, hospitals, government buildings, apartment buildings, office buildings, lodging establishments, restaurants, transportation facilities, and retail shops would also be covered by the definition.
It also touches statutory language related to whether vaping or smoking of marijuana can occur within a standalone bar, the type of establishment people may generally smoke tobacco in.
Eagle-eyed observers will note that a similar proposal was filed last legislative session. This article will be updated when the House’s bill analysis document becomes available. The full text of the proposal is available below.
HB 389 - Smoking in Public Places
General Bill by Andrade
Smoking in Public Places: Revises legislative intent; defines "public place"; revises definition of terms "smoking" & "vape" or "vaping"; prohibits smoking in public places in this state, with exceptions; provides applicability; revises requirements for customs smoking rooms to prohibit smoking & vaping of marijuana products at any time.
Effective Date: July 1, 2026
Last Event: Filed on Thursday, November 6, 2025 3:51 PM
