In Florida, the legality of vaping while driving is not explicitly addressed in state law; however, there are several important considerations to keep in mind regarding vaping and driving.

Here’s what you need to know about the current legal landscape surrounding vaping in Florida, particularly in relation to operating a vehicle.

Vaping Laws in Florida

General Vaping Regulations

Vaping itself is legal in Florida, but it is subject to specific regulations:

• Age Restrictions: Individuals must be at least 21 years old to purchase or possess vaping products, as per Florida Statute § 569.41.
• Public Use Restrictions: Vaping is prohibited in certain public areas, including enclosed indoor workplaces, schools, and within 1,000 feet of school property between 6 a.m. and midnight. Additionally, many local jurisdictions have their own regulations regarding where vaping is allowed.

Vaping While Driving

While there is no specific law that prohibits vaping while driving in Florida, several factors can influence the legality and safety of doing so:

1. Distraction: Just like smoking cigarettes or engaging in other activities (such as texting), vaping can be a distraction. If a driver is found to be distracted due to vaping—such as taking their eyes off the road to prepare or use the vape—they could potentially be cited for reckless driving or distracted driving.
2. Local Ordinances: Some cities or counties may have local laws that restrict vaping in vehicles, particularly when minors are present. For example, it is illegal to vape or smoke in a vehicle when children are inside, as this falls under laws designed to protect minors from secondhand smoke.
3. Substance Use: If the vape contains substances other than nicotine (such as marijuana), this could lead to legal issues. Driving under the influence of any controlled substance is illegal in Florida. If a driver is found to be impaired while using a vape containing THC or other drugs, they could face DUI charges.

Implications of Vaping While Driving

• Traffic Stops: If stopped by law enforcement while vaping, officers may inquire about the contents of the vape. If it contains illegal substances, this could lead to further legal complications.
• Safety Concerns: Beyond legal implications, safety should be a primary concern. Vaping while driving can lead to distractions that increase the risk of accidents.

Conclusion

In summary, while it is not illegal to vape while driving in Florida, doing so can lead to potential legal issues related to distraction and local ordinances.

Drivers should remain aware of their surroundings and prioritize safety over vaping while operating a vehicle. Additionally, if using a vape containing any controlled substances, individuals should be mindful of the implications regarding impaired driving laws.

Understanding these nuances can help ensure compliance with state laws and promote safer driving practices.

Sources

1. https://www.ryanhugheslaw.com/articles/smoking-while-driving-tampa
2. https://www.palmbeachdefense.com/is-vaping-illegal-in-florida/
3.  https://billallenlaw.com/vaping-laws-in-florida/
4.  https://flinjurylawattorney.com/blog/vaping-laws-in-florida/
5.  https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/fl