Florida smoking ban for public places proposed in anticipation of legalized weed

TALLAHASSEE – A key Republican lawmaker will introduce legislation to ban smoking in all public spaces in Florida to mitigate the impacts of legalizing recreational marijuana — a proposal he supports and he expects voters to approve in November.

Sen. Joe Gruters, a Sarasota lawmaker and former chairman of the Republican Party of Florida, two weeks ago endorsed Amendment 3, which would make marijuana legal for adults 21 and older if 60% or more voters approve it on Nov. 5.

He said he wants the Legislature to erect guardrails to ensure that Florida doesn’t become another Las Vegas or New York where legalized marijuana has led to complaints about the smell.

Gov. Ron DeSantis has voiced strong opposition to Amendment 3, saying it would make the entire state smell like pot. He has set up a political committee to raise money to fight its passage.

“The feedback I got when I came out in favor of Amendment 3 was the smell, so we want to follow Arizona’s law and ban smoking in all public places,” Gruters said during a virtual news conference Thursday, where he was joined by two legislative colleagues.

Arizona has had a voter-approved law that bans smoking in most public places since 2006. It legalized recreational marijuana in 2020. Florida’s current law allows local governments to ban smoking at their beaches and parks.

Gruters said his proposed bill, which the Florida Legislature would take up next year, would ban smoking anywhere the public has access, including parks, beaches, sidewalks, restaurants and bars. The bill would define “public places” to include common areas of “schools, hospitals, government buildings, apartment buildings, office buildings, lodging establishments, restaurants, transportation facilities, and retail shops.”

It would regulate all manner of smoking, including vaping, and all products including marijuana and tobacco, Gruters said, adding that it is just a starting place for legislative debate.

Smoking, including vaping, is already banned in most workplaces, following passage of a constitutional amendment in November of 2002.

If Amendment 3 is approved, adults would be able to legally buy and possess up to three ounces of pot and up to five ounces of cannabis concentrate. The ballot language for Amendment 3 notes, however, that the Legislature has the authority to regulate adult marijuana use in the same way it regulates and taxes alcohol and tobacco.

The group Smart & Safe Florida, which got the marijuana amendment on the ballot, said legalizing the drug will benefit Floridians.

“Amendment 3 will put an end to arrests for simple marijuana possession, give adults the right to make their own choices and provide Floridians access to safe, tested products,” said Morgan Hill, spokesperson for the group, in a statement released after Gruters’ press conference. “Smells pretty good to me.”

State Sen. Darryl Rouson, D-St. Petersburg, said if voters approve Amendment 3, the Legislature should weigh in on where it is allowed in public spaces.

“We should have the authority to regulate the time, place and manner,” said Rouson, who participated in the virtual press conference. Rouson didn’t state his position on Amendment 3.

Neither did Rep. Chip LaMarca, R-Lighthouse Point, who will sponsor the House version of the bill.

Gruters’ proposed bill would supersede a state law enacted in 2022 that allows cities and counties to ban smoking at their own beaches and parks, except for cigars. The bill was overwhelmingly approved in both chambers with bipartisan support with only a handful voting in opposition.

Cigar smoking would be banned in public places under Gruter’s bill.

The lawmaker said he has not shared his proposed bill with DeSantis but has let him know where he stood on Amendment 3. The governor’s office did not respond to a request for comment.

But Jessica Spencer, director of advocacy for the DeSantis-backed Vote No on 3 campaign, said the bill underscores the flaws in the amendment itself, which “will turn Florida into New York and destroy our tourism industry.”

“What’s worse, Gruters’ proposal doesn’t even fix the fact that Amendment 3 would still allow neighbors to smoke in their own apartments and condos and smell up the whole building,” she continued.

Gruters, however, said he has faith in the process. “I have no doubt that the governor and legislature will work together to put guardrails in place to keep Florida safe,” he said.