Is Indoor Vaping on the Way Out?

Voters in Florida will have the opportunity to approve a group of proposed revisions to the Florida Constitution in the upcoming election. Revision 4 would prohibit vaping in enclosed indoor workplaces, adding the use of “vapor-generating electronic devices” to the smoking ban Floridians passed in 2002. 

Proponents of the ban argue that the devices may pose a health risk, while some restaurants and bars in Florida have already banned vaping for purely aesthetic reasons. Certainly, the ban would curtail enthusiasts’ vapor-related activities in hospitality spaces such as restaurants, movie theaters, certain bars, etc. The revision would also allow local governments to impose more restrictive regulations.

There are some exceptions to the ban. Vapor-generating electronic devices would be permitted in retail tobacco shops, vapor-generating electronic device retailers, designated smoking guest rooms at public lodging establishments, and stand-alone bars. Vaping would be allowed in private residences that are not being used commercially to provide child care, adult care, or health care, or any combination thereof. Also, private parties would still be able to further prohibit or limit smoking and vaping in their own enclosed indoor workplace.

Please note that 60 percent of voters must approve constitutional amendments in Florida. The Division of Election’s guide to all of the proposed constitutional amendments can be found here.

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Special thanks to Jada Roulhac for her work on this piece. Please note that this page is made available by the law firm for educational purposes only, and that it is not intended to provide specific legal advice. Visiting this page does not create an attorney-client relationship between you and the firm.

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