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Martin County, FL Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered area
F.S. ch. 386 no-smoking zones plus 50-ft buffer
Also banned
All Martin County parks
Penalty
Misdemeanor, up to 60 days jail
Fine
Up to $500 per violation
Repeat violations
Each day is a separate offense
Effective
Nov. 17, 2020, amended Oct. 19, 2021
Retail licensing
None; county's tobacco-license article repealed 2021

Summary

Martin County bans using e-cigarettes and other vapor-generating devices anywhere in the unincorporated county where traditional smoking is already off-limits under Florida's Clean Indoor Air Act, plus a 50-foot buffer around those spots, and separately at every County park. The rule targets vaping specifically, not a general outdoor smoking ban.

These county ordinances apply to unincorporated areas of Martin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

The use of a vapor-generating electronic device, as defined in F.S. § 386.203(15), is prohibited at all locations within the unincorporated County at which smoking and vaping are prohibited under F.S. ch. 386, or within 50 feet thereof and at County parks.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 62 | Land Development Regulations: Supplement 62).

Full Breakdown

Sec. 203(15), at every location within the unincorporated county where smoking and vaping are already barred under Florida Statutes Chapter 386, plus within 50 feet of those locations, and separately at every County park regardless of whether the park otherwise qualifies as a Chapter 386 no-smoking zone. The Board of County Commissioners readopted this article on November 17, 2020 (Ord. No. 1149) after repealing an earlier 2018 version, and amended the park language on October 19, 2021 (Ord. No. 1169). Sec. 146 states the article's purpose: protecting public health and discouraging nicotine addiction, especially among young people, to the extent state and federal law leave the County room to regulate.

145) was repealed outright by Ord. No. 1169 in 2021, so Martin County currently has no local licensing regime for tobacco or vape retailers; that field is left to the state's Division of Alcoholic Beverages and Tobacco. Enforcement of the vaping-location ban falls to County code enforcement and the Sheriff's Office, and a citation for using a device in a covered location or County park is a criminal matter, not a civil one.

Violations & Fines

Violating the vaping-location ban is a misdemeanor under F.S. § 125.69, punishable by up to 60 days in jail, a fine of up to $500.00, or both. Sec. 87.148 treats each act as a separate offense, and every day a violation continues counts as its own distinct violation, so repeat use at the same park or buffer zone can stack multiple counts. The Board retains authority to pursue other code-enforcement remedies alongside criminal prosecution.

Frequently Asked Questions

Does this ban apply in Jensen Beach or Palm City?
Yes. Both are unincorporated communities within Martin County, so the county's Sec. 87.147 vaping ban applies there in full. It does not reach incorporated Stuart, which sets its own municipal smoking and vaping rules.
Can I vape on a Martin County beach or park bench?
No. Sec. 87.147 bans vapor-generating devices at every County park outright, regardless of whether the specific spot would otherwise qualify as a no-smoking area under Florida's Clean Indoor Air Act.
Do I need a license to sell vape products in Martin County?
Not from the county. Martin County repealed its local tobacco-to-minors retail licensing article, former §§ 87.131-87.145, in 2021; sellers instead register with the state's Division of Alcoholic Beverages and Tobacco.
What counts as a 'vapor-generating electronic device' under the ordinance?
Sec. 87.147 borrows the definition from Florida Statutes § 386.203(15), covering electronic devices that produce a vapor or aerosol for inhalation, including e-cigarettes, vape pens and similar battery-powered devices.

Sources & Official References

Other rules in Martin County

All Martin County rules

Florida rules heatmap·Compare Martin County to another location·View the Florida public conduct overview

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