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The smoke-Free workplace: complying with Florida law

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in Employee Benefits Program,Employment Law,Human Resources

Florida employers were required to have smoke-free workplaces since the mid-1980s, but the state recently amended the Florida Clean Indoor Air Act to comply with the Florida Health Initiative. The law prohibits smoking in an “enclosed indoor workplace” with the exception of:

  • Private residences
  • Retail tobacco shops
  • Smoking-designated guest rooms in hotels and motels
  • Stand-alone bars
  • Designated smoking rooms under the control of the U.S. Bureau of Customs and Homeland Security in airports
  • Facilities that conduct medical or scientific research on smoking cessation

In effect, the law mandates that almost all of Florida’s workplaces must be smoke-free. The Florida Clean Indoor Air Act defines an “enclosed indoor workplace” as any place where one or more people engage in work and is predominantly or totally bounded on all sides and above by physical barriers.

The Clean Indoor Air Act doesn’t co...(register to read more)

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{ 2 comments… read them below or add one }

Vicki March 10, 2016 at 9:37 am

We are a marina and outside restaurant. We would like to know if we can document a rule in our Employee Handbook banning all smoking for our employees. Can we legally ask on our job application if the person applying is a smoker?


Katina September 10, 2013 at 11:24 am

Can an Employer in Florida charge you a percentage of your insurance if you do not provide the results of a nicotine test. Their wellness program is to participate in certain programs and to be tobacco free (not just at work but in your personal life), if you do not participate in wellness program they charge you 5% of your insurance premium and if you do not waive your nicotine test results they will charge you and extra 5% of the premium. We never received notice that any of the policies (wellness programs and tobacco free) was approved until 7 days prior to the notification of testing dates.


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