H389 is a bill in the Florida Legislature (2026 Regular Session): Smoking in Public Places.

What is the status of H389?

Failed as of March 13, 2026. Latest action: Died in Health & Human Services Committee (March 13, 2026).

Andrade, Alex (R, HD-002), with 2 co-sponsors.

Where is the official record for H389?

On the Florida Legislature website: https://www.flsenate.gov/Session/Bill/2026/389

Florida legislation · 2026 Regular Session

Florida H389: Smoking in Public Places

Q: What does H389 do?

In its own words: An act relating to smoking in public places; amending s. 386.202, F.S.; revising legislative intent; amending s. 386.203, F.S.; defining the term "public place"; revising the definition of the terms "smoking" and "vape" or "vaping"; amending s. 386.204, F.S.; prohibiting smoking in public places in this state, with exceptions; providing applicability; amending s. 386.205, F.S.; revising requirements for customs smoking rooms to prohibit smoking and vaping of marijuana products at any time; amending s. 561.695, F.S.; conforming a cross-reference; providing an effective date.

Status: Failed, March 13, 2026

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.

What the bill says

An act relating to smoking in public places; amending s. 386.202, F.S.; revising legislative intent; amending s. 386.203, F.S.; defining the term "public place"; revising the definition of the terms "smoking" and "vape" or "vaping"; amending s. 386.204, F.S.; prohibiting smoking in public places in this state, with exceptions; providing applicability; amending s. 386.205, F.S.; revising requirements for customs smoking rooms to prohibit smoking and vaping of marijuana products at any time; amending s. 561.695, F.S.; conforming a cross-reference; providing an effective date.

From the introduced text, November 6, 2025:

An act relating to smoking in public places; amending s. 386.202, F.S.; revising legislative intent; amending s. 386.203, F.S.; defining the term "public place"; revising the definition of the terms "smoking" and "vape" or "vaping"; amending s. 386.204, F.S.; prohibiting smoking in public places in this state, with exceptions; providing applicability; amending s. 386.205, F.S.; revising requirements for customs smoking rooms to prohibit smoking and vaping of marijuana products at any time; amending s. 561.695, F.S.; conforming a cross-reference; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 386.202, Florida Statutes, is amended to read: 386.202 Legislative intent.—The purpose of this part is to protect people from the health hazards of secondhand tobacco and marijuana smoke and vapor and to implement the Florida health initiative in s. 20, Art. X of the State Constitution. It is the intent of the Legislature to not inhibit, or otherwise obstruct, medical or scientific research, or smoking or vaping cessation programs approved by the Department of Health. HB 389 2026 CODING: Words stricken are deletions; words underlined are additions. hb389-00 Page 2 of FLORIDAHOUSEOFREPRESENTATIVES Section 2. Present subsections (9) through (17) of section 386.203, Florida Statutes, are redesignated as subsections (10) through (18), respectively, a new subsection (9) is added to that section, and present …

Florida H389: Smoking in Public Places

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