Premium Cigars Exempt from Beach Smoking Bans

Florida's premium cigar industry is rooted in generations of craftsmanship. The debate over beach smoking restrictions has highlighted the distinction between premium handmade cigars and other tobacco products, with policymakers considering exemptions that recognize the industry's cultural and economic significance.

Florida Governor has signed House Bill 105 (HB 105) into law, authorizing Florida counties and municipalities to prohibit smoking at public beaches and parks while preserving an exemption for unfiltered cigars.

The legislation represents a significant change in Florida law. For decades, regulation of smoking had been largely preempted to the state, preventing local governments from adopting their own restrictions on smoking in public outdoor spaces. HB 105 creates a limited exception by allowing local governments to adopt ordinances restricting the use of cigarettes and electronic smoking devices at public beaches and parks within their jurisdictions.

Supporters of the legislation argued that the measure provides communities with an additional tool to address cigarette litter and reduce environmental impacts on Florida's beaches, parks, and other public recreational areas.

The bill received broad bipartisan support during the 2022 Legislative Session, passing the Florida House of Representatives by a 105-10 vote and the Florida Senate by a 30-7 vote before being presented to the Governor.

Notably, while local governments may regulate cigarettes and electronic smoking devices under the new law, HB 105 expressly prohibits counties and municipalities from further restricting the smoking of unfiltered cigars. As a result, any local ordinance adopted pursuant to the legislation must preserve that statutory exemption.

The new law takes effect July 1, 2022. Going forward, decisions regarding whether to implement smoking restrictions on public beaches or parks will be made individually by counties and municipalities through local ordinances:

• HB 105 signed into law.

• Counties and municipalities may prohibit smoking at public beaches and parks.

• Local restrictions may apply to cigarettes and electronic smoking devices.

• Florida law requires an exemption for unfiltered cigars.

• Effective Date: July 1, 2022.

  
  

Disclosure: The Aleksander Group serves as the Florida government affairs and lobbying firm representing General Cigar Company. While we do not comment on specific client matters, we closely follow legislative and regulatory developments affecting tobacco products, premium cigars, and related public policy in Florida.