Miami Beach may ban smoking on its beaches. Here’s what the penalty would be

Smoking cigarettes at beaches and parks in Miami Beach would be outlawed under a proposal given initial approval by the Miami Beach City Commission this week. But smoking some cigars will be no problem.

The proposal comes weeks after Florida Gov. Ron DeSantis signed a bill allowing cities and counties to regulate smoking of cigarettes and other tobacco products at public beaches and parks, with an exception for unfiltered cigars. The law went into effect July 1.

“I think this presents us with a good opportunity to continue leading on our environment, leading on cleaner beaches, and leading for healthy lifestyles,” Commissioner Alex Fernandez, who proposed the ban, said during a commission meeting Wednesday.

The commission voted 4-2 in favor of the ban after a brief discussion. A public hearing and final vote are set for Sept. 14.

“We have the most beautiful, iconic beaches,” Fernandez told the Miami Herald in a text message. “I want them to be the cleanest and healthiest, too.”

Mayor Dan Gelber said he supports the proposal, which would allow for punishment consistent with other city code violations: maximum fines of $500 and up to 60 days in jail.

Commissioner Ricky Arriola, one of two no votes along with Kristen Rosen Gonzalez, said “personal liberties” in this case should trump other concerns.

“These are open spaces,” he said. “I think we over-regulate things as it is.”

Fernandez pointed to environmental factors, saying cigarette butts contain plastic filters that take a long time to biodegrade. In a memo endorsing the ban, City Attorney Rafael Paz said cigarette butts are “by far” the most common item polluting the city’s beaches, parks and waterways.

Local governments in Florida were previously unable to enact smoking bans at beaches and parks. A judge ruled in a 2017 lawsuit by the American Civil Liberties Union that the city of Sarasota’s ban was unconstitutional and only the state could regulate tobacco use.

Sen. Jason Pizzo, a Democrat whose district includes Miami Beach, voted against the state legislation earlier this year, raising concerns that a carve-out for cigars that don’t have filters could lead to discriminatory outcomes against people who smoke cigars with filters.

“When you can have five guys sitting around smoking fat cigars and one Black kid over here smoking a Black & Mild, and the cop can go and exercise probable cause on that person and has to ignore the five, you have a problem,” Pizzo said during a Senate debate.

Miami Beach has previously taken a hard-line stance on other smoking-related laws. In 2019, the city banned the public smoking of marijuana and hemp, even as the Miami-Dade State Attorney’s Office said it would no longer prosecute most minor marijuana charges and after Florida legalized hemp.