Florida Smoking laws & HR compliance analysis

Florida Smoking: What you need to know

The Florida Clean Indoor Air Act (FCIAA) prohibits smoking in enclosed public places and indoor workplaces, including hallways and corridors, stairways, restrooms, break rooms, and common areas. An “enclosed” indoor workplace is totally or “predominantly” (at least 50 percent) bounded on all sides and above by physical barriers that block airflow. Such barriers include uncovered openings, screened or partially covered openings, windows, and doors, but not railings.
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Smoking is also prohibited in government buildings; educational facilities, grounds, and school buses; childcare facilities, healthcare facilities and nursing homes; libraries, museums, theaters, auditoriums, bowling alleys, and arenas; restaurants, bars, and country clubs; retail and grocery stores; charitable, nonprofit, or veterans' organizations; prisons; private residences during daycare or healthcare use; public transportation vehicles and terminals; and airports, except in smoking rooms (FL Stat. Sec. 386.201et seq.).
Exceptions. Smoking is allowed in private offices, designated guest sleeping rooms in hotels and motels, on outdoor patios (including at restaurants), in noncommercial activities at membership organizations' (as defined in Internal Revenue Code 501(c)) facilities, private social functions using an entire room if the function is under the control of its sponsor and not the building proprietor, and in smoking lounges and international passenger lounges in airports, unless smoking is specifically prohibited by a fire marshal. Retail tobacco shops and businesses engaged in the manufacture, import, and distribution of tobacco products are also exempt.
Stand-alone bars. “Stand-alone bars” making less than 10 percent of gross ...

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