Smoking Regulations in Florida – Smoking (2023)

§ 386.202 of the Florida Statute states that the purpose of this part is to protect the public health, comfort, and environment by creating areas in public places and at public meetings that are reasonably free from tobacco smoke by providing a uniform statewide maximum code. It also declares that the Legislature does not intend to inhibit, or obstruct, medical or scientific research or smoking cessation programs approved by the Department of Health.[i]

The law of Florida generally prohibits smoking in enclosed indoor workplace.[ii] However, certain indoor areas are exempted from the smoking regulations. These include private residences which are not commercially used to provide child care, adult care, or health care, or any combination thereof, enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories, designated smoking guest room at a public lodging establishment and in any business that meets the definition of a stand-alone bar that otherwise complies with all applicable provisions of the Beverage Law.[iii] Exemption from smoking regulation is also given to 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. However rooms in which tobacco smoking is permitted must comply with the signage requirements as required by law. Smoking, subject to some restriction is also permitted in customs smoking room in an airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security.[iv]

A customs smoking room may be designated by the person in charge of an airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security. A customs smoking room may only be designated in an airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security. A customs smoking room may not be designated in an elevator, restroom, or other common area. The customs smoking room must conform to the following requirements:

(1)Work, other than essential services defined in s. 386.203(6), must not be performed in the room at any given time.

(2)Tobacco smoking must not be permitted in the room while any essential services are being performed in the room.

(3)Each customs smoking room must be enclosed by physical barriers that are impenetrable by secondhand tobacco smoke and prevent the escape of secondhand tobacco smoke into the enclosed indoor workplace.

(4)Each customs smoking room must exhaust tobacco smoke directly to the outside and away from air intake ducts, and be maintained under negative pressure, with respect to surrounding spaces, sufficient to contain tobacco smoke within the room.

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(5)Each customs smoking room must comply with the signage requirements in s. 386.206.

Under the law of Florida, the proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding the smoking prohibitions.[v] The policy may include procedures to be taken when the proprietor or other person in charge comes to know of the smoking violation in the enclosed indoor workplace. It should also include a policy which prohibits an employee from smoking in the enclosed indoor workplace. The person in charge of an enclosed indoor workplace may, at his or her discretion, post “NO SMOKING” signs as deemed appropriate.

A person in charge of an airport terminal that includes a designated customs smoking room must conspicuously post, or cause to be posted, signs stating that no smoking is permitted except in the designated customs smoking room located in the customs area of the airport.[vi] The letters on the sign so posted must be of reasonable size that can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.

A 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.[vii] Each sign posted pursuant to this section must have letters of reasonable size which can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.

The law requires announcements about the Florida Clean Indoor Air Act to be made regularly over public address systems in terminals of public transportation carriers located in metropolitan statistical areas with populations over 230,000 according to the latest census.[viii] The announcements should be made at least every 30 minutes and shall be in appropriate languages. Each announcement must include a statement to the effect that Florida is a clean indoor air state and that smoking is not allowed except as provided in this part.

It is unlawful in Florida for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight.[ix] This section does not apply to any person occupying a moving vehicle or within a private residence.

Public agencies responsible for the management and maintenance of government buildings shall report observed violations to the department.[x] The State Fire Marshal shall report to the department observed violations found during its periodic inspections conducted under its regulatory authority.

(Video) possible smoking ban on Florida beaches

The department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, upon notification of observed violations, shall issue to the proprietor or other person in charge of such enclosed indoor workplace a notice to comply with the legal provisions relating to smoking.[xi] If the person fails to comply within 30 days after receipt of the notice, the department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation shall assess a civil penalty against the person of not less than $250 and not to exceed $750 for the first violation and not less than $500 and not to exceed $2,000 for each subsequent violation. If a person refuses to comply with this part, after having been assessed such penalty, the department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation may file a complaint in the circuit court of the county in which the enclosed indoor workplace is located to require compliance. All fine moneys collected pursuant to these provisions shall be used by the department for children’s medical services programs pursuant to the provisions of part I of chapter 391.[xii]

For violation of smoking regulations relating to smoking near school property, the law enforcement officer may issue a citation in such form as prescribed by a county or municipality.[xiii]

A person issued with a citation is deemed to be charged with a civil infraction punishable by a maximum civil penalty not to exceed $25, or 50 hours of community service or, where available, successful completion of a school-approved anti-tobacco “alternative to suspension” program.[xiv]

A person who fails to comply with the directions on the citation is deemed to waive his or her right to contest the citation and an order to show cause may be issued by the court.[xv]

Under the laws of Florida, it is unlawful for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This section does not apply to any person occupying a moving vehicle or within a private residence.[xvi]

Any person who violates s. 386.204 commits a non criminal violation and is punishable by a fine of not more than $ 100 for the first violation and not more than $ 500 for each subsequent violation. Jurisdiction shall be with the appropriate county court.[xvii]

[i] Fla. Stat. § 386.202

(Video) Florida smoking ban may not be effective

[ii] Fla. Stat. § 386.204

[iii] Fla. Stat. § 386.2045

[iv]http://www.flsenate.gov/STATUTES/index.cfm?App_mode=Display_Statute&URL=Ch0386/ch0386.htm

[v] Fla. Stat. § 386.206 (1)

[vi] Fla. Stat. § 386.206 (2)

[vii] Fla. Stat. § 386.206 (3)

[viii] Fla. Stat. § 386.211

(Video) Proposed bill would make smoking on Florida beaches illegal

[ix] Fla. Stat. § 386.212(1)

[x] Fla. Stat. § 386.207 (2)

[xi] Fla. Stat. § 386.207(3)

[xii] Fla. Stat. § 386.207 (4)

[xiii] Fla. Stat. § 386.212(2)

[xiv] Fla. Stat. § 386.212(3)

[xv] Fla. Stat. § 386.212(4)

(Video) New law gives local governments authority to ban smoking on Florida beaches

[xvi] Fla. Stat. § 386.212

[xvii] Fla. Stat. § 386.208

FAQs

What are the smoking rules in Florida? ›

Because of that amendment, Florida law prohibits smoking in most public and private businesses, including restaurants. While there are few exceptions, including standalone bars, the amendment makes it possible for many Floridians to go about their daily lives without being exposed to secondhand smoke.

How many feet from a building can you smoke in Florida? ›

(1) It is unlawful for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight.

What is the law on smoking? ›

A smoking ban in England, making it illegal to smoke in all enclosed work places in England, came into force on 1 July 2007 as a consequence of the Health Act 2006.

Why is the 100% smoke free policy needed? ›

For years, public health programs have worked to create smoke-free zones in public places such as restaurants, bars, malls, airplanes, and offices. Smokers are at an increased risk of lung cancer, heart disease, and much more—and secondhand smoke can be similarly harmful to nonsmoking bystanders.

When can you smoke in Florida? ›

On October 1, 2021, Florida implemented a new statewide law raising the minimum age to purchase tobacco and nicotine products from 18 to 21 years of age. Many believe that smoking is an adult choice, yet nearly nine out of 10 smokers in the U.S. start by the age of 18.

Is smoking allowed inside in Florida? ›

In November 2002, seventy-one percent of Florida's citizens voted for a constitutional amendment to prohibit smoking in all enclosed indoor workplaces. The smoke free law became effective July 1, 2003. Beginning July 1, 2019 electronic vapor products were included in the FCIAA and are prohibited in indoor workplaces.

Can you smoke in outdoor seating in Florida? ›

The Florida Clean Indoor Air Act prohibits smoking in most public and private businesses, including restaurants. However, it does not include outdoor eating areas, which may be preferred now. There is no risk-free level of secondhand smoke exposure, even sitting six feet apart.

Can you smoke on your balcony in Florida? ›

In FL you are allowed to smoke on 'private' balconies & private enclosed posted areas. However, the FL Clean Air Act of 7-1-03 bans smoking in public/common areas where you share the space with other members of the public.

How close to an entrance can I smoke? ›

Commercial buildings usually establish reasonable distance regulations and prevent smoking within 15 to 25 feet of doorways, operable windows and intake vents of smoke-free buildings.

Can an employer ask if I smoke? ›

Health-Related Issue

Employers are prohibited from asking about an applicant's physical or mental health, and smoking falls under this category because it could suggest an applicant is more likely to suffer from smoking-related health problems such as respiratory ailments or even lung cancer.

Is smoking in public a crime? ›

Section (4) of the 'Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003' prohibits smoking in public places. Any violation of this act is a punishable offence with fine up to Rs. 200 (the amount can be between Rs.

Should smoking be banned? ›

Apart from reducing human suffering, abolishing the sale of cigarettes would result in savings in the realm of healthcare costs, increased labour productivity, lessened harms from fires, reduced consumption of scarce physical resources, and a smaller global carbon footprint.

Are smoke-free policies effective? ›

Eleven studies found that smokefree laws and policies in workplaces were associated with a median 6.4% increase in tobacco use cessation. Twenty-one studies found that these laws and policies were associated with a median 3.4% decrease in tobacco use prevalence.

What are 10 reasons not smoking? ›

The Top 10 Reasons To Quit Smoking Right Now
  • #10 Smoking Makes You Look Older. Smoking gives you facial wrinkles and results in premature aging from dry skin. ...
  • #9 The Odor. ...
  • #8 Damage To Your Airwaves. ...
  • #7 COPD. ...
  • #6 Your Immune System Is Affected. ...
  • #5 Constricted Blood Vessels. ...
  • #4 Heart Disease. ...
  • #3 Complications From Diabetes.
1 Jun 2020

Why should smoking not be banned in public places? ›

Smoking bans take away people's freedom

Smoking bans can be seen as an infringement of freedom of choice. Smoking is a legal habit, and 28% of European adults are regular smokers, yet they cannot freely choose where they would like to enjoy their cigarette.

Can I smoke on beach in Florida? ›

— A new law took effect in Florida on Friday that allows counties and cities to ban smoking at their beaches and parks. HB 105 was passed by the House and Senate earlier this year and signed by Gov. Ron DeSantis on June 24.

Is smoking on the beach illegal in Florida? ›

But the new law (HB 105), signed in June by Gov. Ron DeSantis, gives authority to cities and counties to ban smoking at beaches and parks that they own. The law, however, included an exemption that prevents local governments from banning unfiltered cigars.

Can you smoke in apartments in Florida? ›

Currently, there is no statewide law prohibiting smoking in private residential units in Florida, such as apartments and condos. In fact, the Florida Clean Indoor Air Act specifically prevents local municipalities from enacting non-smoking laws.

Can you smoke in a car with a child in Florida? ›

Florida does not currently ban drivers from smoking with children in the car.

Are all hotels in Florida non smoking? ›

Since October 2009, smoking has been banned in public places in 71 percent of the United States. As of July 1, 2009, Florida banned smoking in all enclosed workplaces. This prohibition does not apply to standalone bars, tobacco shops and designated smoking areas in hotels/motels.

Is vaping allowed in bars in Florida? ›

In 2018, Florida voters approved a constitutional amendment to ban vaping in most indoor workplaces, effective July 2019. Localities with vaping bans that do not include all bars and restaurants (19 total): Alachua County, banned in all enclosed workplaces, including restaurants but exempting bars.

Can you vape in a restaurant in Florida? ›

With the passing of the constitutional amendment that regulates vaping indoors, vaping in restaurants is prohibited in the state of Florida.

Can you vape outdoors in Florida? ›

Currently, 19 localities in Florida ban the use of e-cigarettes in enclosed workplaces. These laws all include restaurants under the ban, but they also follow the example of the Clean Indoor Air Act and give an exemption to bars. Vaping is allowed for people who work outdoors.

What can I do about my neighbor smoking? ›

As of January 2021, landlords in California have the right to restrict or even fully ban smoking on all or parts of the rental premises, common areas and individual units. Hence, it may help to ask your landlord to intervene. Should you personally approach the neighbor, orally or in writing, be courteous.

When Airbnb says no smoking can you smoke outside? ›

So you need to clearly say in your Airbnb house rules: No smoking inside. No smoking outside. No smokers.

How can you smoke in a non smoking apartment? ›

Keeping your windows closed while smoking and putting a wet towel on the floor under the door will help make sure that what you smoke in your apartment stays in your apartment. And don't overlook the air vents. Smoke that gets drawn into these can travel through the apartments in line with yours — both above and below.

Can you smoke in a car park? ›

By rights it should be an enclosed public space; thus smoking would be illegal. It is devoid of "no smoking" signs and people do smoke in there.

How far away should a smoker be from a building? ›

California Laws and Regulations Prohibiting Smoking:

This legislation prohibits smoking within 20 feet of main entrances, exits, and operable windows of all state, county, and city buildings, including University of California (UC), California State University (CSU) and California community college buildings.

What does OSHA say about smoking? ›

OSHA is charged with protecting the safety and health of workers and does not regulate the ventilation of residences. Currently, OSHA has no regulations that apply to smoking, however, OSHA does have a standard which limits employee exposure to carbon monoxide one of the products from the combustion of tobacco.

How long is nicotine in your urine? ›

People also process nicotine differently depending on their genetics. Generally, nicotine will leaves your blood within 1 to 3 days after you stop using tobacco, and cotinine will be gone after 1 to 10 days. Neither nicotine nor cotinine will be detectable in your urine after 3 to 4 days of stopping tobacco products.

Can I be denied a job because I smoke? ›

The Equal Employment Opportunity Commission (EEOC) doesn't recognize smokers as a protected class. However, 29 states plus the District of Columbia do offer legal protections for smokers, so if your company is in one of those states, you can't refuse to hire people on the grounds that they smoke.

Can a hospital not hire you if you smoke? ›

Hospitals across the country now ban employees from smoking at work and away from work because of issues like rising health insurance rates and patient allergies. While these policies are legal and do not violate any labor or employment laws, not everyone agrees that the pros outweigh the cons.

Which country smokes the most? ›

Nauru has the highest smoking rates in the world at 52.1%. Oddly, women smoke slightly more than men in Nauru (52.6% to 51.7%), which is somewhat of an outlier.

Can I smoke on the road? ›

There cannot be any smoking place in public places as all the public places have to be smoke-free. But, there are some provisions under which a smoking area can be provided by the owners, proprietors, manager, supervisor or the person in-charge of affairs at places like hotels and restaurants.

Which state consumes most tobacco? ›

Share of tobacco smokers in India 2017 by state

During the surveyed time period between August 2016 and February 2017, the north eastern state of Tripura had the largest share of population of tobacco smokers, which constituted a share of approximately 65 percent.

Why do people smoke? ›

People say that they use tobacco for many different reasons—like stress relief, pleasure, or in social situations. One of the first steps to quitting is to learn why you feel like using tobacco.

Why do we still sell cigarettes? ›

One of the main arguments for the continuance of tobacco sales is that the government should not dictate what vices the public engages in. This is a valid point.

What would happen if smoking was banned? ›

There would be a 5% reduction in global deforestation, because almost 500,000 acres a year are destroyed due to tobacco farming. There would be fewer pesticides and chemicals causing soil and water pollution, and fewer forest fires.

How can the government reduce smoking? ›

Policies to reduce smoking
  1. Higher tax.
  2. Raising legal minimum age.
  3. Restrictions on smoking in public places.
  4. Subsidies for treatment and support to stop smoking.
  5. Advertising campaigns on health dangers.
  6. Behavioural economics, such as nudges/choice architecture (e.g.availability of cigarettes for sale.)
17 Dec 2019

Why should smoking be banned in public places essay? ›

Smoking should be totally banned in a public place because of its severe health risks to both smokers and non-smokers. The health risks are much more to non-smokers because they may double up mainly to those who already suffer from other diseases such as heart and lung problems.

How can you help promote a smoke free society? ›

By implementing laws and policies to make our communities smokefree, we can:
  1. Protect all workers and patrons from the dangers of secondhand smoke.
  2. Reduce death and diseases associated with secondhand smoke.
  3. Motivate smokers to quit.
  4. Reduce the number of people who start smoking.
10 Mar 2020

Do smokers know they stink? ›

Steven Schroeder, MD, director of the Smoking Cessation Leadership Center at the University of California at San Francisco, says that smokers are commonly self-conscious about the smell of smoke on their clothes and in their hair. And the smell of their breath is one of particular sensitivity to most smokers.

What happens to your skin when you quit smoking? ›

Quitting smoking can improve your appearance. As blood flow gets better, your skin receives more oxygen and nutrients. This can help you develop a healthier complexion. If you stay tobacco-free, the stains on your fingers and nails will disappear.

Why do people smoke in the first place? ›

So, why do kids pick up that cigarette in the first place? Their parents are smokers. Peer pressure—their friends encourage them to try cigarettes and to keep smoking. They see smoking as a way of rebelling and showing independence.

Is second hand smoke a thing? ›

Secondhand smoke is the combination of smoke from the burning end of a cigarette and the smoke breathed out by smokers. Secondhand smoke contains more than 7,000 chemicals. Hundreds are toxic and about 70 can cause cancer.

How many people smoke in the world? ›

Over 80% of the world's 1.3 billion tobacco users live in low- and middle-income countries. In 2020, 22.3% of the global population used tobacco, 36.7% of all men and 7.8% of the world's women.

When did smoking indoors become illegal? ›

On 6 September 2001, New South Wales banned smoking in enclosed public areas, except for bars and licensed premises. The Government introduced a total "enclosed space" ban in New South Wales on 1 July 2007.

Are you allowed to smoke outside in Florida? ›

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.

Can you smoke on patios in Florida? ›

The Florida Clean Indoor Air Act prohibits smoking in most public and private businesses, including restaurants. However, it does not include outdoor eating areas, which may be preferred now. There is no risk-free level of secondhand smoke exposure, even sitting six feet apart.

Can you smoke on the beach in Florida 2022? ›

But the new law (HB 105), signed in June by Gov. Ron DeSantis, gives authority to cities and counties to ban smoking at beaches and parks that they own. The law, however, included an exemption that prevents local governments from banning unfiltered cigars.

Can you smoke in parks in Florida? ›

A new law took effect in Florida on Friday that allows counties and cities to ban smoking at their beaches and parks. PALM BEACH, Fla. — A new law took effect in Florida on Friday that allows counties and cities to ban smoking at their beaches and parks.

Can you smoke on your balcony in Florida? ›

In FL you are allowed to smoke on 'private' balconies & private enclosed posted areas. However, the FL Clean Air Act of 7-1-03 bans smoking in public/common areas where you share the space with other members of the public.

Can you smoke in apartments in Florida? ›

Currently, there is no statewide law prohibiting smoking in private residential units in Florida, such as apartments and condos. In fact, the Florida Clean Indoor Air Act specifically prevents local municipalities from enacting non-smoking laws.

Can you smoke in a car with a child in Florida? ›

Florida does not currently ban drivers from smoking with children in the car.

Can you smoke in Florida hotels? ›

Since October 2009, smoking has been banned in public places in 71 percent of the United States. As of July 1, 2009, Florida banned smoking in all enclosed workplaces. This prohibition does not apply to standalone bars, tobacco shops and designated smoking areas in hotels/motels.

Can you smoke cigars in public in Florida? ›

A Senate panel approved a bill that would allow local governments to restrict smoking at beaches and public parks, but puffing cigars and pipes would still be allowed.

Can you vape on Florida beaches? ›

Ron DeSantis signed a bill into law on Friday which could change things. The Florida Clean Air Act is an update to an existing law which targets vaping and tobacco smoking in public spaces. Under this new law, local governments are now allowed to restrict smoking at public beaches and public parks which they own.

Can you smoke in Naples Florida? ›

Last month, Gov. DeSantis signed House Bill 105, which allows counties and municipalities to restrict smoking on the beaches and public parks they own. Naples city officials say banning smoking on the beach and at parks would benefit the environment and your health.

How far do you have to be away from a building to smoke in Florida? ›

Americans for Nonsmokers Rights recommends that designated smoking areas be located at least 25 feet away from the exterior of any buildings. It is important to keep these distances in mind for any residential buildings, entrances, pools or other common areas.

Can you smoke on the beach in Miami? ›

A ban on smoking cigarettes and nicotine on public beaches and in city parks in Miami Beach has been approved by commissioners. The ordinance was approved by commissioners at a public hearing Wednesday morning and will go into effect on Jan. 1, 2023.

Can you smoke on the beach in Destin Florida? ›

NO SMOKING RULE

Smoking will continue to be allowed in all common areas outside of the building footprint including, but not limited to, outdoor pool areas, pool decks, sun decks, outdoor grill and lawn areas, roadways, parking areas, beach crossovers, the beach, and the Tiki bar area.

Videos

1. Patients can now legally smoke medical marijuana in Florida
(NBC2 News)
2. Florida Lawmaker Wants To Raise The Legal Age For Vaping, Smoking
(CBS Miami)
3. New Florida Smoking Law
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4. You can now legally smoke medical marijuana in Florida, judge rules
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5. Florida lawmakers look to ban smoking on beaches
(FOX 13 Tampa Bay)
6. Bill would allow Florida counties to ban smoking on beaches
(FOX 13 Tampa Bay)
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