INDIAN HARBOUR BEACH, Fla. — Even before the ink was dry on Florida HB 105, the city of Indian Harbour Beach got the wheels in motion to take advantage of the new law.

The Regulation of Smoking by Counties and Municipalities allows local communities to have more control over where people can smoke cigarettes in their public parks and public beach areas. 


What You Need To Know

  • Florida Gov. Ron DeSantis signed HB 105 into law on June 24

  • The law gives municipalities more control over enacting restrictions on smoking in public parks and on public beaches

  • The city of Indian Harbour Beach is poised to approve its new ordinance as soon as June 28

John Coffey, the city manager for Indian Harbour Beach, said about six years ago, several residents came to the city council during a community function and pleaded with them to do something about the second-hand smoke in the parks.

“That’s when former city manager Mark Ryan discovered that the state had exempted municipalities from prohibiting smoking in public parks,” Coffey said. “Fast forward after six legislative sessions, the bill was finally passed.”

The law goes into effect July 1, along with dozens of others in the state. It doesn’t allow for an outright ban on smoking at public beaches, but paves the way for counties and municipalities to create designated smoking areas. 

Before the Senate version of the bill passed, Republican State Sen. Jason Brodeur, the chairman of the Senate Environment and Natural Resources Committee, insisted on an amendment that exempted unfiltered cigars from any regulation. 

Indian Harbour Beach is set to bring up its ordinance for a second reading and a vote during its regular city council meeting on June 28. It’s expected to be among the first in the state to enact such an ordinance. 

“When we hopefully get it approved on second reading, we can be a leader in showing other communities how easy and seamless it is to implement,” Coffey said.

Even when the ordinance in Indian Harbour Beach goes into effect, there will be some lag between that point and when the city establishes smoking zones. The city staff will work to create those designated spots in places that are still accessible to those wishing to smoke, but not in an area that will interfere with those not wishing to inhale second-hand smoke.

“We try to be the ideal for everybody, and sometimes you have to find a place for everyone," Coffey said. "And we hope that this ordinance does that by still allowing smoking in the parks, but in more isolated and remote areas, not around gatherings of children and lots of people.”