The Florida Clean Air Act was enacted in 1985 by the Florida Legislature to protect people from the health hazards of secondhand tobacco smoke and vapor and to implement the Florida health initiative in section 20, Art. X of the Florida Constitution. In November 2002, 71% of Florida’s citizens voted for a constitutional amendment to prohibit smoking in all enclosed indoor workplaces. The smoke free law became effective July 1, 2003. Beginning July 1, 2019, electronic vapor products were included in the Florida Clean Air Act and are prohibited in indoor workplaces.
Enforcement
The Florida Department of Health and Florida Department of Business and Professional Regulation (DBPR) are responsible for enforcement of the Florida Clean Air Act. The Florida Clean Air Act does not address mold exposure and poor indoor air quality. DBPR provides enforcement activities in:
- Restaurants
- Bars
- Billiards
- Bingo Halls (with food service)
- Bowling Centers
- Civic/Faternal Organizations
- Dog Tracks
- Horse Tracks
The Florida Clean Air Act only regulates tobacco, nicotine smoke, and vapor, and does not regulate secondhand smoke or vapor from marijuana. Complaints regarding secondhand exposure to marijuana smoke or vapor should be directed to the Office of Medical Marijuana Use.
Reporting Violations – File a Complaint
Register a complaint about a business that may be in violation of the Florida Clean Air Act:
Information provided will allow the Department to understand the nature of the secondhand smoke or vapor exposure and provide appropriate assistance. Depending on the nature of the complaint, information provided may be shared with DBPR.