Workplace Smoking Rules in Florida

General provisions. Effective January 1, 2003, smoking is prohibited in private and public-sector enclosed, indoor workplaces. Certain exceptions to the law apply. For example, certain stand-alone bars and outdoor dining areas are exempt from the ban.

Employers covered. Employers with one or more employees.

No smoking areas. Florida bans smoking in "public places," including the following enclosed indoor areas: government buildings, hospitals, nursing homes, educational facilities, libraries, grocery stores, common areas of condominiums and places of employment.

Posting requirements. The person in charge of an enclosed indoor workplace that previously was required to post signs must continue to conspicuously post 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 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.

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