Miami Beach Smoking Ban Goes into Effect January 1st

Published Dec. 26, 2022, 12:54 p.m. ET | Updated Aug. 10, 2023

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MIAMI BEACH (FLV) – Smoking cigarettes and nicotine on public beaches and in city parks in Miami Beach will be prohibited beginning in 2023.

Officials say violators of the ban in Miami Beach could face a maximum punishment of a $500 fine and up to 60 days in jail, although arrests will be at the discretion of police.

Miami Beach Mayor Dan Gelber said he is delighted to finally adopt the ban.

“I am weary of the blight of cigarette butts and the secondhand smoke that too often invades our public spaces,” said Gelber.

The Windermere Town Council also previously passed an ordinance banning smoking and the use of vapor-generating electronic devices in town-owned public parks.

In Windermere, violators of the ban may face fines up to $100.

SB 224 and HB 105 were filed in the Florida Legislature to allow municipalities to restrict smoking and the use of vapor generating electronic devices within the boundaries of public beaches and public parks within their jurisdiction.

Gov. Ron DeSantis signed the bill on June 24, 2022.

Since the new state law passed, the following cities have passed smoking bans:

  • Windermere: No smoking or vaping at parks
  • Miami Beach: No smoking at beaches and parks
  • Daytona Beach Shores: No smoking at parks
  • South Daytona Beach: No smoking or vaping at parks
  • Palm Bay: No smoking or vaping at parks

More areas reportedly looking to add to the list, including Melbourne, St. Cloud, Sarasota, St. Petersburg, and Pinellas County.

A Windermere analysis reported that in 2021, an estimated 15.5 percent of the adults in Florida were tobacco smokers and that tobacco smoke contains over 7,000 chemicals, including hundreds that are toxic and up to 69 that are known to cause cancer.

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