Florida

Clean Indoor Air

Public Places

Smoking is prohibited in most public places and workplaces, including restaurants and non-tribal gaming facilities. Exempt from this law are: 1) stand-alone bars as defined, 2) retail tobacco shops as defined, 3) designated hotel rooms, 4) tobacco manufacturing facilities, 5) customs smoking rooms in an international 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, 6) smoking cessation programs approved by the Department of Health or medical or scientific research conducted therein, and 7) membership associations as defined as long as no one is engaged in work. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.201 et seq. (2003).

Government Buildings

Smoking is prohibited in all enclosed indoor workplaces, including state and local government workplaces. “Enclosed indoor workplace” means any place where one or more persons engage in work, and which place is predominantly or totally bounded on all sides and above by physical barriers. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204 & 386.209 (2003).

Private Workplaces

Smoking is prohibited in all enclosed indoor workplaces. “Enclosed indoor workplace” means any place where one or more persons engage in work, and which place is predominantly or totally bounded on all sides and above by physical barriers. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204 & 386.209 (2003).

Schools

Smoking is prohibited in all enclosed indoor workplaces, including all educational facilities. It is unlawful for any person under 18 years of age to smoke tobacco in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204, 386.209 & 386.212 (2003).

Child Care Centers

Smoking is prohibited in all enclosed, indoor workplaces, including child care facilities. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204 & 386.209 (2003).

Health Facilities

Smoking is prohibited in all enclosed, indoor workplaces, including health care facilities. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204 & 386.209 (2003).

Restaurants

Restaurants: Smoking is prohibited in enclosed, indoor workplaces, including restaurants. The bar areas of a restaurant are included. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.204 & 386.209 (2003).

Bars: Stand-alone bars are specifically exempted. “Stand-alone bar” is defined as a separate establishment that makes no more than 10 percent of its gross revenue from the sale of food. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.203, 386.2045 & 386.209 (2003).

Penalties/Enforcement

A person who smokes in a nonsmoking area commits a non-criminal violation, punishable by a fine of no more than $100 for the first violation and $500 for subsequent violations. Signs designating smoking areas must be posted in appropriate areas. The Department of Health or other enforcement authority as specified, upon notification of observed violations, shall issue to the person in charge of such enclosed indoor workplace, a notice to comply. If such person fails to comply within 30 days, the department or division shall assess a civil penalty against them of not less than $250 and not to exceed $750 for the first violation and not less than $500 and not to exceed $2,000 for each subsequent violation. If a person refuses to comply after being assessed the penalty, the appropriate enforcement authority may file a complaint in the specific county circuit court to force compliance. The Department of Health, the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation shall enforce this part based upon each department’s specific areas of regulatory authority and shall adopt, in consultation with the State Fire Marshal, rules specifying procedures to be followed by enforcement personnel in investigating complaints and notifying alleged violators. This legislation expressly preempts regulation of smoking to the state and supersedes any municipal or county ordinance on the subject.

FLA. STAT. ch. 386.207 & 386.209 (2003).

Tobacco Excise Tax

Cigarettes

Tax rate per pack of 20: 33.9 cents

Date last changed: July 1, 1990 — from 24 cents to 33.9 cents

Year first enacted: 1943

FLA. STAT. ch. 210.02 (1990).

No municipality shall, after July 1, 1972, levy or collect any excise tax on cigarettes.

FLA. STAT. ch. 210.03 (1972).

Other Tobacco Products

All other tobacco products except cigars: 25% of the wholesale sales price

FLA. STAT. ch. 210.30 (1990).

Revenue Collected

$422,777,000

Youth Access

Compliance/Enforcement

The Division of Alcoholic Beverages and Tobacco is the designated enforcement authority for all youth access laws and the sign posting requirement. Law enforcement officers may also enforce all youth access laws. A county or municipality may designate certain of its employees or agents as tobacco product enforcement officers. An applicant for a permit, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this chapter.

FLA. STAT. ch. 569.004, 569.12, & 569.14 (1997).

Penalties for Sales to Minors

It is unlawful to sell, deliver, barter, or furnish, directly or indirectly, any tobacco product to any person less than 18 years of age. Violation is a misdemeanor of the second degree punishable by a fine of $500, repeat violations within one year are a misdemeanor of the first degree punishable by a $1,000 fine for a second violation, $2,000 fine and 20 day suspension of the retailer’s permit for a third violation, and revocation of a retailer’s cigarette permit for a fourth and subsequent violations. All civil penalties may be substituted with license or permit suspensions using the ratio of one day for each $50. A person charged with a violation has a complete defense if a prudent person would believe the buyer or recipient to be 18 years of age or older; the buyer falsely evidenced that they were 18 years of age or older; and carefully checked specified forms of identification and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older.

FLA. STAT. ch. 569.101 (1997) & FL ADMIN. CODE § 61A-2.022 (1997).

The Division of Alcoholic Beverages and Tobacco may mitigate penalties imposed against a dealer because of an employee’s illegal sale of a tobacco product to a minor if they qualify as a responsible retail dealer; the dealer provided the training program required to the employee before the violation occurred; and the dealer had no knowledge of that employee’s violation at the time of the violation and did not direct, approve, or participate in the violation.

FLA. STAT. ch. 569.008 (1997).

Penalties to Minors

It is unlawful for minors to knowingly possess any tobacco product or misrepresent their age for the purpose of purchasing, or attempting to purchase a tobacco product from a person or a vending machine. Penalty for the first violation within a 12-week period is 16 hours of community service or a $25 fine and the minor must attend a school approved anti-tobacco program. Penalty for the second violation in a 12-week period is a $25 fine. Third or subsequent violations within a 12-week period can result in suspension or revocation of a person’s driver’s license. Any law enforcement officer designated as a tobacco product enforcement officer is authorized to issue a citation to minors possessing or attempting to purchase tobacco products.

FLA. STAT. ch. 569.11 (2001).

Placement of Tobacco Products

The sale or delivery of tobacco products is prohibited, except when under the direct control or line of sight of the dealer or the dealer’s agent or employee. These provisions shall not apply to an establishment that prohibits persons under 18 years of age on the licensed premises, or to the sale or delivery of cigars and pipe tobacco. Violation is subject to an administrative fine of up to $1,000 and possible suspension of the permit to sell tobacco products.

FLA. STAT. ch. 569.006 & 569.007 (1997).

Sign Posting

Any dealer that sells tobacco products shall post a clear and conspicuous sign in each place of business stating that the sale of tobacco products to persons under 18 is against Florida law and proof of age is required for purchase. At the check out counter a sign must contain the following language: “IF YOU ARE NOT BORN BEFORE THIS DATE {INSERT DATE AND YEAR} YOU CANNOT BUY TOBACCO PRODUCTS”. Failure to comply with this requirement is a misdemeanor of the second degree punishable by a $500 fine.

FLA. STAT. ch. 569.14 (1997).

Other Provisions

Retail dealers can qualify as responsible retail tobacco products dealers if they provide a training program for their employees that addresses the use and sale of tobacco products, including the laws concerning sales to minors and methods and procedures to prevent such sales.

FLA. STAT. ch. 569.008 (1997).

Restrictions on Distribution of Tobacco Product Samples or Sales of Single Cigarettes

Samples

The gift of sample tobacco products to any person under the age of 18 is prohibited. Violation is subject to the same penalties as selling or distributing tobacco products to minors. A person charged with a violation has a complete defense if a prudent person would believe the buyer or recipient to be 18 years of age or older or the buyer falsely evidenced that they were 18 years of age or older.

FLA. STAT. ch. 569.0075 (1997).

Single Cigarettes

It is unlawful for any person to sell or distribute any cigarettes the package of which does not comply with all requirements imposed by or under federal law regarding warnings and other information on packages of cigarettes manufactured, packaged, or imported for sale, distribution, or use in the United States, including but not limited to the precise warning labels specified in the Federal Cigarette Labeling and Advertising Act. Violation is a felony of the third degree subject to a fine not to exceed $5,000 and/or up to five years in prison.

FLA. STAT. ch. 210.185 (2000).

Restrictions on Sale of Tobacco Products in Vending Machines

Placement

Sales from a vending machine are only permissible from a machine that is equipped with an operational lock-out device which is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine. The lock-out device must include a mechanism to prevent the machine from functioning if the power source for the lock-out device fails or if the lockout device is disabled, and a mechanism to ensure that only one tobacco product is dispensed at a time. This provision does not apply to establishments that prohibit persons under age 18 on the licensed premises or to sales of cigars or pipe tobacco.

FLA. STAT. ch. 569.007 (1997).

Penalty

Violation of the restrictions on placement of tobacco product vending machines is subject to an administrative fine of up to $1,000 and possible suspension of the permit to sell tobacco products.

FLA. STAT. ch. 569.006 (1997).

Licensing Requirements

Requirements

Wholesale dealers and manufacturers of cigarettes must obtain a cigarette permit from the Division of Alcoholic Beverages and Tobacco. All places of business must be listed on the application for a cigarette permit. Distributors must also obtain a license to sell tobacco products other than cigarettes from the division. A separate application is required for each place of business.

FLA. STAT. ch. 210.15 (2005) & ch. 210.35 (1991).

Retail tobacco dealers and vending machine owners must obtain permits from the Division of Alcoholic Beverages and Tobacco for each place of business where they sell tobacco products. Retail permits must be renewed annually. Selling tobacco products at retail without a license is a noncriminal violation subject to a fine of $500.

FLA. STAT. ch. 569.003 & ch. 569.005 (1997).

Fee

Up to $50 annually for each retail or vending machine license; $100 annually for wholesale dealers and manufacturers of cigarettes; $25 annually for distributors of tobacco products other than cigarettes.

FLA. STAT. ch. 569.003 (1992), ch. 210.15 (2005) & 210.40 (1991).

License Suspension for Sales to Minors

The Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation may suspend a retailer’s permit to sell tobacco products for 20 days for a third violation or revoke the permit for a fourth violation if the retailer or their employee violates state laws concerning sale of tobacco to minors, sampling, or placement of tobacco vending machines.

FLA. STAT. ch. 569.006 (1997).

Tobacco Liability

Industry Protection

In any civil action that is brought as a certified class action, the trial court, upon the posting of a bond or equivalent surety as provided in this section, shall stay the execution of any judgment, or portion thereof, entered on account of punitive damages pending completion of any appellate review of the judgment. The required bond or equivalent surety acceptable to the court for imposition of the stay shall be the lower of: the amount of the punitive-damages judgment, plus twice the statutory rate of interest; or 10 percent of the net worth of the defendant as determined by applying generally accepted accounting principles to the defendant’s financial status as of December 31 of the year prior to the judgment for punitive damages; provided that in no case shall the amount of the required bond or equivalent surety exceed $100 million, regardless of the amount of punitive damages. If, at any time after notice and hearing, the court finds that a defendant who has posted a bond or equivalent surety is purposefully moving assets with the intent to avoid the punitive damages judgment, the court shall increase the bond or equivalent surety to the amount of the punitive damages judgment, plus twice the statuory rate of interest. If the defendant does not post the additional bond required by the court, the stay shall be revoked.

FLA. STAT. ch. 768.733 (2000).

In any civil action involving a signatory or successor or an affiliate of a signatory to the tobacco settlement agreement, the appeal bond to be furnished during the pendency of all appeals or discretionary appellate reviews of any judgment in such litigation shall be set pursuant to applicable laws or court rules, except that the total bond for all defendants may not exceed $100 million, regardless of the total value of the judgment. If, after notice and hearing, a plaintiff proves by a preponderance of the evidence that a defendant who posted such bond or equivalent surety is purposefully dissipating assets outside the ordinary course of business to avoid payment of the judgment, the court may enter necessary orders to protect the plaintiff, including an order that the bond or equivalent surety be posted in an amount up to the full amount of the judgment. This section does not apply to any past, present, or future action brought by the State of Florida against one or more signatories to the settlement agreement.

FLA STAT. ch. 569.23 (2003).

Tobacco Settlement

Tobacco Control Appropriations

Florida appropriated $59,519,954 for tobacco prevention and cessation programs in FY2009 (July 1, 2008 to June 30, 2009) from the state’s annual MSA payment. $57,898,788 was appropriated in FY2008.

FY2009 Annual Budget (H.B. 5001) enacted 6/11/08 and effective 7/1/08.

Florida voters approved a constitutional amendment in November 2006 that will dedicate 15 percent of future tobacco settlement payments, adjusted for inflation each year, to the state tobacco control and prevention program. Implementing legislation was approved in May 2007 and the program took effect in the fiscal year starting July 1, 2007 (FY2008).

FL CONST. Art. X § 27 (2006) & FLA. STA. ch. 381.84 (2007).

Money from the state of Florida’s tobacco settlement is initially deposited into the Department of Financial Services Tobacco Settlement Clearing Trust Fund. Monies are then allocated to the Department of Health Tobacco Settlement Trust Fund, the Department of Children and Family Services Tobacco Settlement Trust Fund, the Agency for Healthcare Administration Tobacco Settlement Trust Fund, the Department of Elderly Affairs Tobacco Settlement Trust Fund, the Biomedical Research Trust Fund in the Department of Health or the Agency for Persons with Disabilities Tobacco Settlement Trust Fund as appropriated by the legislature.

FLA. STA. ch. 20.195 (2003), ch. 20.425 (2003), ch. 17.41 (2004), ch. 430.42 (2003), ch. 20.435(g) (2004) & 20.1971 (2005).

In 1999, the legislature established the Lawton Chiles Endowment Fund for Health & Human Services, and transferred $1.1 billion in FY2000, and $200 million in FY2001, FY2002 & FY2003 from the Tobacco Settlement Clearing Trust Fund. The earnings of the endowment are appropriated through the general budget process to various agency trust funds by the legislature to help fund specified programs.

FLA. STA. ch. 215.5601 (2004).

Note: The FY2009 annual budget bill passed in June 2008 transferred $354,437,854 in principal from the Lawton Chiles Endowment Fund to the Department of Financial Services Tobacco Settlement Clearing Trust Fund to pay for specified appropriations. The same legislation authorized up to $1 billion to be transferred from the Lawton Chiles Endowment Fund to cover a budget deficit under certain conditions.

H.B. 5001 enacted 6/11/08 and effective 6/11/08 and 7/1/08.

Non-Monetary Provisions

Requires the state Department of Health conduct a comprehensive, statewide tobacco education and prevention program consistent with the recommendations for effective program components contained in the Centers for Disease Control and Prevention (CDC)’s 1999 Best Practices for Comprehensive Tobacco Control Programs, as amended by the CDC. The program is required to have a number of components, for more information see the statue cited. A 23-member Tobacco Education and Use Prevention Advisory Council was also created within the department to provide advice as to the direction and scope of the program. The council will have several members from public health organizations, including the American Lung Association of Florida.

FLA. STA. ch. 381.84 (2007).

Securitization

Created the Tobacco Settlement Financing Corporation as a not-for-profit public benefits corporation to purchase any or all of the state’s right to the tobacco settlement agreement and issue bonds to pay the purchase price therefore which will be used to fund the Lawton Chiles Endowment Fund. Issuance of bonds by the Corporation is subject to approval by the legislature. The total principal amount of bonds issued shall not exceed $3 billion and the amount of bonds issued in any single fiscal year shall not exceed $1.5 billion beginning with FY 2001.

FLA. STA. ch. 215.56005 (2003).

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