Lee County, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Where banned
- Public parks, public beaches, school property
- 1st offense fine
- $100.00
- 2nd offense fine
- $300.00
- 3rd+ offense fine
- $500.00
- Exempt
- Unfiltered cigars
- Adopted
- Ord. No. 25-14, 2025
Summary
Lee County bans smoking and vaping inside every public park and public beach it operates, plus on school property, under Sec. 20-28(b). The rule, adopted in 2025, defines both 'smoke' and 'vape' broadly, exempts unfiltered cigars, and carries escalating fines of $100.00, $300.00 and $500.00 for a first, second and third or later violation under the parks fine schedule.
(b)Smoking. Pursuant to F.S. Ch. 386, Florida Clean Indoor Air Act, as amended from time to time, no person shall smoke or vape within the confines of any school property or within the boundaries of any public park or public beach.(1)The term "smoke" means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, with the exception of unfiltered cigars.(2)The term "vape" means to inhale or exhale vapor produced by a vapor-generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. The term does not include the mere possession of a vapor-generating electronic device.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 7 | Land Development Code: Supplement 3 Update 3).
Full Breakdown
Sec. 20-28(b), enacted under Ordinance No. S. Ch. 386, at the local level: no person may smoke or vape within the confines of any school property or within the boundaries of any public park or public beach in the county's parks system. The section defines 'smoke' as inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, with an express exception for unfiltered cigars, tracking the State exemption. 'Vape' is defined to mean inhaling or exhaling vapor from a vapor-generating electronic device, or possessing such a device while it is actively producing vapor or aerosol from nicotine or any other substance; mere possession of a non-operating vape device is not covered.
The ban sits among a long list of park conduct rules in Sec. 20-28, which also addresses sleeping, gambling, nudity and alcohol on the same County land, and it is enforced under the schedule of fines in Sec. 00 penalty in Sec. 20-30(a). Lee County's beach and park rangers, not just County Sheriff's deputies, can write citations under this section, and the County adopted the rule in mid-2025 specifically to curb cigarette and vape litter and secondhand exposure on its public beaches.
Violations & Fines
Sec. 20-32's fine schedule lists smoking and vaping violations of Sec. 20-28(b) at $100.00 for a first offense, $300.00 for a second offense and $500.00 for a third or subsequent offense, separate from the article's general civil-infraction penalty in Sec. 20-30(a). Unfiltered cigars are exempt from the smoking definition, so lighting one on the beach is not itself a citable offense under this section.
Frequently Asked Questions
Can I smoke a cigar on a Lee County beach?
How much is the fine for vaping in a Lee County park?
Does the ban apply just to lighting up, or to holding an e-cigarette too?
Sources & Official References
Other rules in Lee County
Florida rules heatmap·Compare Lee County to another location·View the Florida public conduct overview
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