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GOVERNMENT

Ocoee expands city smoking restrictions to include vaping, carves out exception for cigars, per state law

The Ocoee City Commission on Nov. 18 unanimously approved amending its current no-smoking ordinance, which restricts lighting up on city recreational property, to include vaping. 

Doug Gaines, deputy director of Parks and Leisure Services, said the ordinance revision came after the Tobacco-Free Partnership of Orange County requested the city amend its code. 

“Staff has updated the definition of vape and vaping, added an exception for the smoking of unfiltered cigars, which are exempt per Florida Statute, [and] the Tobacco Free Partnership stated that any updated signage can be paid for by them,” Gaines said during the meeting

The use of cigarettes, cigars, pipe tobacco or other lighted tobacco products is currently prohibited at Ocoee’s parks and recreational venues — restrictions that remain unchanged. This latest update ensures those same restrictions apply to vaping, defined as inhaling or exhaling vapor produced by a vapor-generating electronic device.

The commission also doubled the civil penalty for a violation of the city’s smoking ordinance to $50, up from $25. 

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There's no smoking or vaping at Ocoee's many parks and recreation centers — unless it's an unfiltered cigar, according to an updated ordinance passed by the city commission on Nov. 18.
City of Ocoee

Currently, Ocoee’s ordinance prohibits both “smoking or vaping” whenever an “organized youth activity,” like supervised games or meetings, takes place on city recreational properties. These include athletic fields, spectator stands, concessions, restrooms and walking areas — and within 30 feet of any occupied playground area. 

City recreational venues also prohibit smoking or vaping anywhere on the grounds of the Jim Beech Recreation Center, Ocoee Family Aquatic Center, Ocoee Lakeshore Center, Tom Ison Veteran and Senior Center and the Vignetti Recreation Center. 

However, the ordinance does not restrict people from smoking unfiltered cigars.

Florida Statute Section 386.209, which gives the state authority to regulate smoking, allows municipalities to further restrict smoking on any public beaches and in public parks that they own — except for unfiltered cigars. In 2022, the state permitted an exception for unfiltered cigars because they don’t have plastic filters and ostensibly produce less trash — secondhand smoke was not addressed.  

During the meeting’s public comment, VoxPopuli asked whether there are any public outdoor spaces where residents and visitors can legally smoke. 

“You can smoke outside and not in a city park,” Gaines said. City attorney Rick Geller added that the existing ordinance includes references to designated smoking areas in the city’s recreational centers.  

“The Parks and Recreation Director shall designate one or more areas within the foregoing [rec center] properties as smoking areas where smoking will be permitted,” Geller said, reading from the ordinance. “So, there is a carve out.”

Beyond Ocoee’s smoking and vaping ordinance, smokers must comply with other laws. For example, Florida currently prohibits smoking and vaping within enclosed indoor workspaces, and anyone under 21 cannot smoke within 1,000 feet of any school property between 6 a.m. and midnight. 

The Orange County School Board also bans smoking and vaping by all of its students, employees and visitors while on school property or at a school-sponsored event. Even Ocoee’s current city personnel rules and regulations prohibit employees, residents and visitors from smoking in any city buildings, facilities and vehicles. 

Future state legislation could place further limits on public smoking. House Bill 389 would extend restrictions on secondhand smoke, marijuana smoke and vaping in public places, which the bill defines as “a place to which the public has access." This includes, but isn't limited to, streets, sidewalks, highways, public parks and beaches and the inner and outer common areas of schools, hospitals, government buildings, apartment buildings, office buildings, hotels and motels, restaurants, transportation facilities and retail shops.

The bill has been referred to the Health and Human Services, State Affairs, and Commerce committees. If passed, it would take effect July 1, 2026. 

Ocoee resident Victoria Lahey thanked the city commission and members of the Tobacco-Free Partnership of Orange County during the meeting for addressing her concerns about vaping at public outdoor events. 

“One of the problems with vaping is that you don't know what you're breathing,” Lahey said. “There could be anything there, so I really appreciate the addition of vaping as a prohibited activity in this amended ordinance … Here's to a healthier Ocoee, a great way to celebrate our centennial.”

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