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New Florida Smoking Ban Goes into Effect

  • January 10, 2004

A recent amendment to the Florida Clean Indoor Air Act bans all smoking in indoor workplaces. An enclosed indoor workplace is defined as "any place where one or more person engages in work, and which place is predominately or totally bounded on all sides and above." The amendment became effective in July 2003.

There are limited exceptions to the new law:  

  • Private residences not being used commercially to provide child, adult, or health care;
  • Stand-alone bars devoted to selling alcoholic beverages, not located within or sharing common areas with any other indoor workplace, and deriving no more than 10 percent of gross income from the sale of food;
  • Outdoor patios, but if the patio is enclosed by more than 50 percent from above and more than 50 percent from its sides, smoking is prohibited.
  • Retail tobacco shops if used predominately for the sale of tobacco, tobacco products, and accessories for such products;
  • Designated smoking guest rooms in public lodging establishments;
  • Smoking cessation programs, medical or scientific research where smoking is an integral part of the program or research;
  • Customs smoking rooms, such as in an airport in-transit lounge that is controlled by the Bureau of Customs and Border Protection;
  • Membership association facilities owned or leased by and used exclusively for noncommercial activities performed by members and guests of a membership association. No person may be engaged in work.  

Employers in violation of the smoking ban risk a civil penalty of no less than $250 and no more than $750 for the first violation. Every subsequent violation will result in a civil penalty of no less than $500 and no more than $2,000. The individual who smokes also will be fined up to $100 for the first violation and up to $500 for each subsequent violation.

©2004 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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