The Florida Legislature
House Bill 63A on May 27, 2003 in order to implement the
constitutional amendment passed by voters. Governor Bush signed
the legislation on June 23, 2003. The amendment passed was a workplace
non-smoking amendment, not a restaurant non-smoking amendment. The only
language in the constitutional amendment addressing restaurants was the
provision that exempted stand-alone bars as places where food is
only "incidental" to the serving of alcohol. The Florida legislature
chose to define "incidental" as food sales accounting for less than 10%
of the total sales of the bar. Any establishment that allows indoor
smoking is therefore a bar and not eligible for listing on this web
Smoking complaints may be
Licensees may make their election as a
smoking stand-alone bar by visiting
www.myfloridalicense.com logging on under “Maintain Account,” and
selecting “ADD” in the information block pertaining to their retail beverage
license. Licensees may also make their election by calling DBPR's Customer
Contact Center at 850-487-1395 or by printing the
form and instructions, and submitting them to the
Tallahassee central office or their local AB&T district
Bars must display a
Smoking Permitted sign on each entrance.
For those restaurants wishing to display "No Smoking" signs we have prepared
a few you can download and print. All three will print two up on 8˝ x 11
plain paper or card stock.
No Smoking with a solid border
- No Smoking with a dashed border
- No Smoking with a musical notes border
The constitutional amendment had language defining stand alone bars as
places where food is only "incidental" to the serving of alcohol. The
Florida Legislature chose to define incidental as meaning where food
accounts for less than 10% of the total sales. If you're wondering what is a
stand alone bar:
- Stand-alone bars, subject to the following rules and definitions:
Any licensed premises devoted during any time of operation predominantly
or totally to serving alcoholic beverages, intoxicating beverages, or
intoxicating liquors, or combination thereof, in which the serving of
food, if any, is merely incidental
- No more than 10 percent of gross revenues may be derived from the sale
of food consumed on the licensed premises
- The 10-percent rule does not apply to food provided by the business if
limited to popcorn or nonperishable snack items commercially prepackaged
off the premises.
- Not located within, and not sharing any common entryway or common
indoor area with, any other enclosed workplace, such as a hallway,
concourse or lobby.
- Must file election to permit smoking.
- Upon filing election, Division of Alcoholic Beverages and Tobacco of
the Department of Business and Professional Regulation must designate it
as a stand-alone bar.
- Only the licensed vendor may provide food on the licensed premises.
Other than customary snacks as defined by rule of the Division, the
licensed vendor may not provide or serve food to a person on the licensed
premises without requiring the person to pay a separately stated charge
for the food that reasonably approximates the retail value of the food.
- After initial designation, to continue to qualify as a stand-alone bar
the licensee must annually provide to the Division an affidavit that
certifies compliance with the provisions for stand-alone bar designation.
- Every third year after the initial designation, the licensed vendor
must additionally provide a report from a certified public accountant that
attests to the licensee’s compliance with the percentage requirement,
separately stated food charges, and signage for the preceding 36-months.
WHEREAS, second-hand tobacco smoke is a known human
carcinogen (contains cancer-causing agents) for which there is no safe level
of exposure, and causes death and disease; WHEREAS, exposure to second-hand
tobacco smoke frequently occurs in the workplace; and WHEREAS, ventilation
and filtration systems do not remove the cancer-causing substances from
second-hand smoke; NOW, THEREFORE, to protect people from the health hazards
of second-hand tobacco smoke, the citizens of Florida hereby amend Article X
of the Florida Constitution to add the following as section 20:
20. Workplaces Without Tobacco Smoke.-
(a) Prohibition. As a Florida health initiative to protect people
from the health hazards of second-hand tobacco smoke, tobacco smoking is
prohibited in enclosed indoor workplaces.
(b) Exceptions. As further explained in the definitions below,
tobacco smoking may be permitted in private residences whenever they are not
being used commercially to provide child care, adult care, or health care,
or any combination thereof; and further may be permitted in retail tobacco
shops, designated smoking guest rooms at hotels and other public lodging
establishments; and stand-alone bars. However, nothing in this section or in
its implementing legislation or regulations shall prohibit the owner,
lessee, or other person in control of the use of an enclosed indoor
workplace from further prohibiting or limiting smoking therein.
(c) Definitions. For purposes of this section, the following words
and terms shall have the stated meanings:
"Smoking" means inhaling, exhaling, burning, carrying, or possessing
any lighted tobacco product, including cigarettes, cigars, pipe tobacco,
and any other lighted tobacco product.
"Second-hand smoke," also known as environmental tobacco smoke (ETS),
means smoke emitted from lighted, smoldering, or burning tobacco when the
smoker is not inhaling; smoke emitted at the mouthpiece during puff
drawing; and smoke exhaled by the smoker.
"Work" means any person’s providing any employment or employment-type
service for or at the request of another individual or individuals or any
public or private entity, whether for compensation or not, whether full or
part-time, whether legally or not. "Work" includes, without limitation,
any such service performed by an employee, independent contractor, agent,
partner, proprietor, manager, officer, director, apprentice, trainee,
associate, servant, volunteer, and the like.
"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 uncovered openings, screened or otherwise
partially covered openings; or open or closed windows, jalousies, doors,
or the like. This section applies to all such enclosed indoor workplaces
without regard to whether work is occurring at any given time.
"Commercial" use of a private residence means any time during which the
owner, lessee, or other person occupying or controlling the use of the
private residence is furnishing in the private residence, or causing or
allowing to be furnished in the private residence, child care, adult care,
or health care, or any combination thereof, and receiving or expecting to
receive compensation therefor.
"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.
"Designated smoking guest rooms at public lodging establishments" means
the sleeping rooms and directly associated private areas, such as
bathrooms, living rooms, and kitchen areas, if any, rented to guests for
their exclusive transient occupancy in public lodging establishments
including hotels, motels, resort condominiums, transient apartments,
transient lodging establishments, rooming houses, boarding houses, resort
dwellings, bed and breakfast inns, and the like; and designated by the
person or persons having management authority over such public lodging
establishment as rooms in which smoking may be permitted.
"Stand-alone bar" means any place of business 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 that 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.
(d) Legislation. In the next regular legislative session
occurring after voter approval of this amendment, the Florida Legislature
shall adopt legislation to implement this amendment in a manner consistent
with its broad purpose and stated terms, and having an effective date no
later than July 1 of the year following voter approval. Such legislation
shall include, without limitation, civil penalties for violations of this
section; provisions for administrative enforcement; and the requirement
and authorization of agency rules for implementation and enforcement.
Nothing herein shall preclude the Legislature from enacting any law
constituting or allowing a more restrictive regulation of tobacco smoking
than is provided in this section.