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Florida senator proposes statewide smoking ban if marijuana is legalized in November

State Senator Joe Gruters unveiled a bill Thursday that would ban all forms of smoking in public, which he calls a necessary “safeguard.”

SARASOTA, Fla. — While many municipalities in Florida have banned smoking on beaches and public parks, new legislation from a Florida lawmaker would expand those measures, banning smoking in all public places, if voters in November green-light recreational marijuana.

State Senator Joe Gruters (R-Sarasota) unveiled the bill Thursday which he calls a necessary “safeguard” as voters weigh whether to approve Amendment 3, which would legalize recreational marijuana for Floridians 21 and up. The initiative would need 60% of voter support to pass.

“It's [banning] smoking across the board, tobacco, marijuana, everything in public places like sidewalks, walking down the street,” Gruters explained.

The Sarasota Republican and former chairman of the state GOP recently made waves by bucking his party and voicing support of Amendment 3, which he says will generate much-needed revenue for public services.

“I think that we can do a better job in the state. I think we can make it safer. I think it's time to decriminalize and I think we can control the time, place and manner, that last bit is where this bill comes into play,” Gruters said of his smoking ban proposal during a news conference Thursday.

The Florida Republican Party, Sheriff’s Association and Governor Ron DeSantis have publicly opposed the proposed amendment, among the reasons the governor saying, “I don’t want the state reeking of marijuana.”

“It reduces the quality of life everywhere it’s been tried,” the governor added.

Gruters says most of the criticism he’s received since voicing his support is from people with concerns about smelling marijuana in their community, and it's why he’s proposing this legislation, which will be co-sponsored by State Sen. Darryl Rouson (D-St. Petersburg).

“People don't want to go outside and smell it in public places,” Gruters said. "So let's go ahead and ban public smoking in all public places.”

The broad proposal right now even includes cigar smoking, which was nixed from past anti-smoking measures approved in the state.

“That’s something hard to believe,” Vic Sheeran, who talked with 10 Tampa Bay while smoking a cigar in Ybor City, said.

Sheeran says he has no problem with banning smoking marijuana and cigarettes in public, but cigars are different and shouldn’t be included. "Ybor City has a tradition, it is the history,” he added.

The senator says the bill is in its first draft and “as it relates to cigars at the end of the day, we'll take that into consideration.

"We got to put together a bill that will pass, but right now it is included,” he added.

According to the legislation text: 

“Public place” means a place to which the public has access, including, but not limited to, streets; sidewalks; highways; public parks; and the common areas, both inside and outside, of schools, hospitals, government buildings, apartment buildings, office buildings, lodging establishments, restaurants, transportation facilities, and retail shops.

(12)(11) “Smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco or marijuana product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco or marijuana product.

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