Martin County, FL Public Conduct: Outdoor Smoking Restrictions (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- None; county's tobacco-license article repealed 2021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.
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.
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145) was repealed outright by Ord.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?
Can I vape on a Martin County beach or park bench?
Do I need a license to sell vape products in Martin County?
What counts as a 'vapor-generating electronic device' under the ordinance?
Sources & Official References
Other rules in Martin County
Florida rules heatmap·Compare Martin County to another location·View the Florida public conduct overview
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