TALLAHASSEE, Fla. — A bipartisan group of Florida lawmakers wants to ban smoking in all public spaces. They’re offering a 2025 bill to do just that, saying it’ll put guardrails on an effort to legalize recreational marijuana, Amendment 3.
Florida already has a ban on smoking at beaches, but leaves it up to local governments whether to enforce it. It also has a carve-out for cigars. This legislation would go much further.
State Sen. Joe Gruters (R-Sarasota) is introducing the smoking ban. His two-page bill bans smoking in public places like streets, sidewalks, and beaches. It covers cigarettes, cigars, pipes— even vapes— and includes both tobacco and marijuana products.
“What steps can we take to make sure that we protect Florida's quality, overall quality of life?” said Gruters during a Thursday press conference.
Weed was a particular concern for Gruters. He said he was pushing his ban to reign in Amendment 3. If approved in November, it would legalize recreational marijuana for those 21 and up. Gruters recently supported the idea and now says he’s being “proactive.”
“Some people, they say they hate the smell when they've traveled to some of these other cities,” said Gruters. “And the whole goal for us is to try to put those guard rails up to make sure the overall public is protected.”
Gruters, who previously chaired the state GOP, has support from Democrats like Sen. Darryl Rouson (D-St. Petersburg) and moderate Republicans like Rep. Chip LaMarca (R-Lighthouse Point). When it comes to the upper ranks of the party, however, Gruters might have some trouble.
Gov. Ron DeSantis (R-FL) is one of the loudest voices against Amendment 3. He has said it’s a major quality-of-life concern and that its language is too broad.
“You are going to see this — and police are not going to want to police this at all,” DeSantis last month. “Some guy says I’m not going to allow them to use it in my restaurant— well, I’m not sure you’re going to be able to do that given how broad it is.”
The smoking ban could blunt those concerns, and Amendment 3 looks like it might allow it, saying: “Nothing in this amendment prohibits the Legislature from enacting laws that are consistent with this amendment…”
But critics still think that’s still too vague and that any smoking ban would likely not survive a legal challenge or basic enforcement. The campaign to kill recreational marijuana fired off a statement Thursday afternoon saying the bill was a "stunning admission that Amendment 3 is filled with flaws."
“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,” said Vote No on 3 campaign Director of Advocacy Dr. Jessica Spencer. “Amendment 3 and the failed plan that Gruters is proposing to bail it out must be rejected.”
Amendment 3 needs a supermajority of 60% to pass. At this point, the latest polling from Florida Atlantic University suggested it was four points underwater with likely voters, at 56%.
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