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Workplace Smoking Rules in Florida

Filed under Managing the Workplace. Fact checked on June 22, 2012.

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Employers in Florida must comply with these state rules regulating smoking in the workplace.

In Florida smoking is prohibited in enclosed, indoor workplaces.

The Florida Clean Indoor Air Act expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

Employers covered: Employers with one or more employees.

Written policy requirements: Employer policy not specified.

Posting requirements: The person in charge of an enclosed indoor workplace must conspicuously post, or cause to be posted, signs stating that smoking is not permitted in the enclosed indoor workplace. Each sign posted must have letters of reasonable size that can be easily read. The color, design and precise place of posting is left to the discretion of the person in charge of the premises.

The proprietor or other person in charge of an enclosed indoor workplace where a smoking cessation program, medical research, or scientific research is conducted or performed must conspicuously post or cause to be posted, signs stating that smoking is permitted for such purposes in designated areas in the enclosed indoor workplace. Each sign posted must have letters of reasonable size that can be easily read. The color, design and precise place of posting is left to the discretion of the person in charge of the premises.

A licensed vendor operating a stand-alone bar must conspicuously post signs at each entrance to the establishment stating that smoking is permitted in the establishment. The color and design of the signs is left to the discretion of the person in charge of the premises.

No smoking areas: Florida bans smoking in any enclosed indoor workplace, defined as any place where one or more persons engages in work.

Permitted smoking areas: Specific exceptions to the smoking prohibition include:

  • a private residence when it is not being used commercially to provide child care, adult care, or health care, or any combination of the above
  • an enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products
  • a designated smoking guest room at a public lodging establishment
  • a business that meets the legal definition of a stand-alone bar and that otherwise complies with all applicable provisions of the Beverage Law and of the Clean Air Act
  • an enclosed indoor workplace, to the extent that tobacco smoking is an integral part of a smoking cessation program approved by the department, or medical or scientific research conducted therein
  • customs smoking rooms in airports

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