Florida Statutes 386.2045 – Enclosed indoor workplaces; specific exceptions
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 386.2045
- Department: means the Department of Health. See Florida Statutes 386.203
- Enclosed indoor workplace: means any place where one or more persons engages in work, and which place is predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers consist of or include, without limitation, uncovered openings; screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like. See Florida Statutes 386.203
- Retail tobacco shop: means any enclosed indoor workplace dedicated to or predominantly for the retail sale of tobacco, tobacco products, and accessories for such products, in which the sale of other products or services is merely incidental. See Florida Statutes 386.203
- retail vape shop: means any enclosed indoor workplace dedicated to or predominantly for the retail sale of vapor-generating electronic devices and components, parts, and accessories for such products, in which the sale of other products or services is merely incidental. See Florida Statutes 386.203
- Smoking: means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. See Florida Statutes 386.203
- Stand-alone bar: means any licensed premises devoted during any time of operation predominantly or totally to serving alcoholic beverages, intoxicating beverages, or intoxicating liquors, or any combination thereof, for consumption on the licensed premises; in which the serving of food, if any, is merely incidental to the consumption of any such beverage; and the licensed premises is not located within, and does not share any common entryway or common indoor area with, any other enclosed indoor workplace, including any business for which the sale of food or any other product or service is more than an incidental source of gross revenue. See Florida Statutes 386.203
- vaping: means to inhale or exhale vapor produced by a vapor-generating electronic device or to possess a vapor-generating electronic device while that device is actively employing an electronic, a chemical, or a mechanical means designed to produce vapor or aerosol from a nicotine product or any other substance. See Florida Statutes 386.203
Notwithstanding s. 386.204, tobacco smoking or vaping, or both, may be authorized in each of the following places:
(1) A private residence whenever it is not being used commercially to provide child care, adult care, or health care, or any combination thereof as defined in s. 386.203(1).
(2) A retail tobacco shop.
(3) A retail vape shop.
(4) A designated guest room at a public lodging establishment.
(5) A stand-alone bar that complies with all applicable provisions of the Beverage Law and this part.
(6) An enclosed indoor workplace, to the extent that tobacco smoking or vaping is an integral part of a smoking or vaping cessation program approved by the department, or medical or scientific research conducted therein. Each room in which tobacco smoking or vaping, or both, are authorized must comply with the signage requirements in s. 386.206.
(7) 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 subject to the restrictions contained in s. 386.205.