Winter Park became one of 25 Florida cities to ban smoking and vaping in public parks, beaches and leisure areas. But not all forms of smoking are prohibited.
The ordinance, which passed its first reading at the Nov. 8 city meeting, follows the revision of Florida statute 386.209. The statute originally placed smoking regulations in the hands of the state legislature but in 2022, at the request of several cities including Winter Park, the statute was changed to allow local enforcement of smoking restrictions in parks, beaches, and other outdoor leisure areas.
The specific areas affected by the ban are parks and outdoor venues owned or operated by the city. The state’s revision of statute 386.209 includes the following:
Counties and municipalities may further restrict smoking within the boundaries of any public beaches and public parks that they own, except that they may not further restrict the smoking of unfiltered cigars. A municipality may further restrict smoking within the boundaries of public beaches and public parks that are within its jurisdiction but are owned by the county, unless such restriction conflicts with a county ordinance, except that they may not further restrict the smoking of unfiltered cigars.
A representative from the City of Winter Park told the32789 that “as it relates to cigars, we are following the language from the state statute.” Questions directed to the state regarding the statute have not yet been answered.
City commission passed the first reading of the ban by a 4-1 majority with Commissioner Kris Cruzada as the only dissenting vote. Winter Park resident Gigi Papa, stating that she was not advocating for smoking or vaping, labeled the ordinance as an example of government overreach. “Establishing outdoor tobacco-free areas should be decided by the residents and not the commission,” she said.
According to Parks & Recreation Director Jason Seeley, the city has already been informally restricting smoking and vaping near active playgrounds and during outdoor events. Staff will be placing “No Smoking” signage in high-traffic areas. “It’s going to be a Parks and Recreation enforcement issue,” he said, adding that smoking will be a Level 1 violation that could result in an assessed fee if verbal warnings are ignored on a regular basis.
The ordinance will become effective upon approval of the second reading, scheduled for the next commission meeting on Dec. 13.
