Glover Law

HB 7027: Vaping

Full details from the Florida Legislature

In the 2018 statewide election, Floridians voted to prohibit vaping in enclosed indoor workplaces through Amendment 9. House Bill 7027 adds vaping to the current prohibition against smoking in enclosed workplaces, provides definitions for the new vaping terms added to legislation, and provides exceptions consistent with the smoking exceptions already in place.  This bill has been added to the Glover Law Alcohol Legislation tracker due to its potential impact on standalone bars that allow smoking inside the location.

HB 7027 defines vape, vaping, vapor, vapor-generating electronic device, and vapor-generating electronic device retailer.  The bill permits vaping in private residences not used for commercial purposes, retail tobacco shops, retail vape shops, designated guest rooms at public lodging establishments, standalone bars, in enclosed workplaces as part of smoking or vaping cessation programs, medical or scientific research, and customs smoking rooms in airports in-transit lounges subject to certain signage requirements and other regulations.  HB 7027 also lays out that vaping is prohibited near school property.  Section 12 of the bill prohibits anyone under age 18 from vaping in, on, or within 1,000 ft. of school property. Violators will be subject to citations from law enforcement officers.

Section 14 of the bill amends section 561.695 of the Florida statutes to authorize licensed vendors of standalone bars to allow vaping in addition to smoking.  The vendor is required to post notice of the intention to allow smoking or vaping and must post signs at each entrance of the establishment stating that smoking or vaping is authorized in the establishment. The bill also lists the consequences a vendor may face for violating the requirements of standalone bars. HB 7027 clarifies that the bill does not preclude counties and municipalities from imposing more restrictive regulations on vaping.

Please note that this summary is based on the initially filed version of the bill. Click the Full Details link for updates on amendments, votes, etc.