Florida law does not explicitly prohibit vaping while driving. There is no statute that directly outlaws the use of e-cigarettes or vaping devices by drivers behind the wheel. This is in contrast to texting while driving, which is specifically banned under Florida’s wireless communication device law.
Distracted Driving and Careless Driving Laws
While vaping itself isn’t illegal, any activity that distracts you from safe vehicle operation can be subject to Florida’s distracted or careless driving statutes.
If a law enforcement officer observes that vaping is causing you to drive erratically—such as swerving, making unsafe lane changes, or otherwise failing to maintain control—you could be cited for careless driving under Florida Statute §316.1925.
In more severe cases, reckless driving charges may apply, especially if your distraction puts others in danger. Careless driving fines can reach up to $500, and reckless driving can bring even steeper penalties, including possible jail time.
Local Restrictions and Special Circumstances
Although there is no statewide ban on vaping while driving, some local jurisdictions may have additional restrictions, especially regarding vaping in vehicles with minors present.
However, Florida’s main vaping laws focus on age restrictions (21+ to purchase and use, with exceptions for active-duty military at 18) and public vaping bans in indoor workplaces, schools, and certain other public spaces—not on private vehicle use.
Insurance and Liability Considerations
If vaping causes a distraction that leads to an accident, your insurance company may refuse to cover damages, and your premiums could increase. Insurers often view vaping while driving as a risky behavior, potentially impacting your coverage and rates.
Vaping and driving is not specifically illegal in Florida, but it can lead to legal trouble if it results in distracted or careless driving. Drivers should exercise caution and prioritize safety, as any activity that diverts attention from the road can have serious consequences.
Sources
[1] https://ecigator.com/guide/florida-vaping-driving-law/
[2] https://d8superstore.com/is-it-illegal-to-vape-and-drive
[3] https://ecigator.com/regulation/vaping-laws-in-florida/
[4] https://www.flsenate.gov/laws/statutes/2018/877.112
[5] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399%2F0386%2F0386.html
