IPCPR Legislative | Restrictions in Florida

Restrictions in Florida

florida

Smoking, Age and Sampling Restrictions in Florida

A person may not smoke in an enclosed indoor workplace, except as otherwise provided. This prohibition applies to all enclosed indoor workplaces and enclosed parts thereof regardless of whether work is occurring at the time.

 

“Enclosed indoor workplace” means any place where one or more persons engages in work, and which is predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers include: uncovered openings; screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like. A place is “predominantly” bounded by physical barriers during any time when both of the following conditions exist:

  • It is more than 50 percent covered from above by a physical barrier that excludes rain, and
  • More than 50 percent of the combined surface area of its sides is covered by closed physical barriers. In calculating the percentage of side surface area covered by closed physical barriers, all solid surfaces that block air flow, except railings, must be considered as closed physical barriers.

 

Fla. Stat. § 386.203
Fla. Stat. § 386.204

 

Florida state law expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject. However, school districts may further restrict smoking by persons on school district property.

 

Fla. Stat. § 386.209

 

Exemptions

 

Tobacco smoking may be permitted in each of the following places:

  • Membership Associations – any facility owned or leased by and used exclusively for noncommercial activities performed by the members and guests of a membership association, including social gatherings, meetings, dining, and dances, if no person or persons are engaged in work
  • Private Residence – A private residence whenever it is not being used commercially to provide child care, adult care, or health care
  • Retail Tobacco Shop – An enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products.
  • Designated Smoking Guest Room – A designated smoking guest room at a public lodging establishment
  • Stand-alone Bar – A business that meets the definition of a stand-alone bar in Florida Statutes § 386.203(11) and that otherwise complies with all applicable provisions of the Beverage Law. To qualify as a stand-alone bar, an establishment with an active alcoholic beverage license must file a Notification of Election to Permit Tobacco Smoking in the Licensed Premises (Form DBPR ABT-6039).
  • Smoking Cessation Program, Medical or Scientific Research – 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 Room – A 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

 

Fla. Stat. § 386.2045

It is unlawful for any person under the age of 18 to knowingly possess any tobacco product or to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any tobacco product. However, “any person under the age of 18” does not include any person under the age of 18 who is acting in his or her scope of lawful employment with a licensed tobacco distributor.

 

Fla. Stat. § 569.11

Fla. Stat. § 569.002(7)(d)

 

Similarly, it is unlawful to sell, deliver, barter, furnish, or give any tobacco product, directly or indirectly, to any person who is under 18 years of age.

 

Fla. Stat. § 569.101

 

A dealer that sells tobacco products shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following:

 

THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.

 

Fla. Stat. § 569.14

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

The gift of sample tobacco products to any person under the age of 18 by a licensed entity is prohibited.

 

Fla. Stat. § 569.0075

 

Tobacco samples are subject to the tobacco products tax and licensing requirements, as the term “sale” includes a gift by a person engaged in the business of selling tobacco products for advertising.

 

Fla. Stat. § 210.25(9)

 

Florida law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances in this area.

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