Florida Laws on Smoking in the Workplace

Information on Florida workplace smoking laws, including accommodations for smokers and employer policies on smoking.

By , J.D. · UC Berkeley School of Law

What kinds of workplaces are subject to Florida workplace smoking laws?

Workplace smoking laws apply to all enclosed indoor workplaces (more than 50% covered and surrounded by physical barriers). Exceptions include stand-alone bars.

In Florida, in what parts of the workplace is smoking prohibited? Where is smoking permitted?

Smoking is prohibited throughout the workplace. Florida laws don't address the specific areas of a workplace where smoking may be permitted. Remember that some workplaces might already be subject to Florida or local laws that regulate smoking in public or smoking in or around certain kinds of businesses.

Does Florida's workplace smoking law apply to vapes?

As of 2019, Florida's workplace smoking law also applies to vapes and e-cigarettes. These are prohibited in the workplace to the same extent as cigarettes.

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

Florida law doesn't address this specifically, although local laws might impose a minimum distance.

The American Lung Association recommends that outdoor smoking areas should be at least 25 feet away from building entrances and exits, windows, and vents to prevent smoke from drifting into the building.

What are the requirements for designated smoking areas in Florida workplaces?

In Florida, a customer's smoking room in an airport in-transit lounge may not be designated in any common area. It also must be enclosed by physical barriers that are impenetrable by secondhand tobacco smoke, exhaust tobacco smoke directly to the outside, and comply with the signage requirements.

Does Florida require employers to make accommodations for nonsmokers?

Florida doesn't specifically require employers to provide workplace accommodations for nonsmoker employees.

Are employers required to have a written or oral policy on workplace smoking in Florida?

Florida employers must develop and enforce a policy prohibiting smoking in the workplace. Employers may post "no smoking" signs to increase awareness.

Does Florida provide employees with protection from smoking-related discrimination?

Florida does not have a law protecting smokers from discrimination, nor does it have a law protecting employees from discipline or discharge based on their off-duty conduct generally.

Where can I find Florida law information on smoking in the workplace?

If you want to go right to the source and look up Florida law on workplace smoking laws -- or if you're writing a letter to your employer or employee and want to cite the applicable law -- the relevant statute(s) can be found at Fla. Stat. Ann. Sections 386.201 to 386.209.

Workplace smoking information is also available in Nolo's books Your Rights in the Workplace, by Barbara Repa (Nolo) and The Employer's Legal Handbook, by Aaron Hotfelder (Nolo).

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