"The tobacco industry clearly recognizes preemption as their best tactic against tobacco control. We know this through their behavior and through recently leaked internal documents... The only answer is NO PREEMPTION, ever. There's never a benefit to the public from preemption, and there's always a cost."Americans for Nonsmokers' Rights
UPDATE, Winter 1992
Florida's enclosed workplaces, including restaurants and public places, are 100% smokefree as of July 1, 2003 as a result of a state constitutional amendment. Unfortunately, bars, music venues, and outdoor dining areas are exempt from the smokefree requirements, and city and county governments are prohibited from strengthening the law at the local level. Read Florida's 100% smokefree workplace and restaurant law.
Learn more about
Clean Indoor Air Act.
To file a complaint about a non-hospitality workplace, call 800-337-3742.
To file a complaint about a restaurant, bar, hotel, membership club, or gaming venue, call (850) 487-1395 or click here: Department of Business and Professional Regulation.
Florida has preempted local control since 1985. This means that local governments do not have the right to adopt local smokefree air laws to protect their communities in places where smoking is still allowed, such as bars and music venues, as well as patio dining areas, parks, beaches, or other outdoor venues. Numerous bar staff, musicians, wait staff, diners, residents and visitors to Florida support expanding smokefree air to bars and restoring local control.
Thankfully, communities and individuals around Florida are speaking up in support of restoring local control for smokefree air. A growing number of communities, from Cape Canaveral to Gilchrist County, have adopted resolutions asking the legislature to remove preemption and restore local control. To learn more about restoring local control in Florida and to help support the effort, visit Tobacco Prevention Network of Florida.
Do you want to learn about preemption's negative impact on health in Florida, and how you can help support restoring local control for smokefree air?
Read more in Preemption of Smokefree Air Laws in Florida.
Help support restoring local control for smokefree air in Florida by asking your City Council or County Commission to adopt a resolution calling for local control.
View our sample Resolution for Florida Municipalities to Restore Local Control.
Florida's preemptive state law supersedes any municipal or county ordinances on the subject of the regulation of smoking in public places, government buildings, private workplaces (1985) and restaurants (2001). The 2003 Clean Indoor Air Act retained the existing preemptive provisions. "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)."
Current tobacco-related statistics are available from the Centers for Disease
Control State Highlights, 2010.
Read more about current tobacco-related legislation in Florida.
Florida's 2017 Legislative Session: March 3 - May 5
- 3/3/2017HB17—(broad preemption)—An act relating to local regulation preemption—Died in Commerce Committee
- 3/31/2017SB1158—(broad preemption)—An Act relating to regulation of commerce, trade, and labor—Died in Commerce and Tourism Committee
- 6/26/2017Preemption Watch Bill Tracking Summary
- 2/4/2011What's happening in the U.S. Territories and Commonwealths?
- 7/6/2017Blue Cities Want to Make Their Own Rules. Red States Won't Let Them.
- 5/10/2017The Threat of Super-Preemption
- 3/6/2017Preemption Prevents Innovation
- 2/21/2017City Rights in an Era of Preemption: A State-by-State Analysis
- 2/2/2017Red State, Blue City
- 1/5/2017GOP aims to rein in liberal cities
- 9/9/2016How ALEC, ACCE, and Preemption Laws are Gutting the Powers of American Cities
- 8/22/2016Blue Cities, Red States
- 6/28/2016Colorado Preemptions of Local Government: The Need for the Colorado Community Rights Amendment
- 6/23/2016State and Local Comprehensive Smoke-Free Laws for Worksites, Restaurants, and Bars--United States, 2015
- 5/22/2016Editorial: Don't use beach as ashtray
- 4/6/2016From Fracking Bans To Paid Sick Leave: How States Are Overruling Local Laws
- 4/1/2016Growing Southern cities are increasingly targets of state pre-emption
- 3/25/2016Beyond North Carolina's LGBT Battle: States' War on Cities
- 3/14/2016Snuff out state smoking law
- 2/12/2016Legislature once again blocking local governments
- 2/4/2016Corporate Interests Take Aim at Local Democracy
- 1/20/2016Bill would ban e-cigarettes indoors
- 1/19/2016Pre-emption, a question of who's the boss
- 8/6/2015Blowing the Whistle on ALEC's Little Brother ACCE
- 7/7/2015Four Ways ALEC Tried to Ruin Your State this Year
- 5/17/2015Say no: States increasingly blocking cities and counties from imposing mandates on businesses
- 5/8/2015State lawmakers hate federal meddling even as they preempt local government
- 3/30/2015The ALEC-Backed War on Local Democracy
- 2/23/2015Govern Yourselves, State Lawmakers Tell Cities, but Not Too Much
- 4/22/2014Bipartisan Florida House vote restores local control of e-cigarette regulations
- 4/10/2014Big tobacco-friendly bill blocks local governments from better regulating the sale of tobacco products
- 3/28/2014Bill to Let Florida Cities Ban Playground Smoking Is Stalled
- 3/28/2014Lawmakers' Proposal to Ban E-Cigarettes for Youths Lights Up Local Governments Over Additional Strictures
- 1/1/2014Editorial: Allow municipalities to ban smoking on playgrounds
- 12/16/2013Effort Underway to Snuff Out Smoking at Florida Parks and Beaches
- 4/5/2013Smoking Ban Bill Stalls in Subcommittee
- 3/8/2013Smoke ban bill gets split vote
- 2/22/2013Lawmakers move to ban smoking from beaches, parks
- 2/21/2013Beach smoking ban bill clears first test
- 2/14/2013Senate committee reviews outdoor smoking ban
- 1/26/2013Bill would allow smoking ban in parks, playgrounds
- 1/10/2013Clear the public's air: Legislature should help reinstate smoking bans at beaches and parks
- 1/8/2013County can't ban smoking, its attorney says
- 10/24/2011Rep. Passidomo proposes giving cities, counties authority to outlaw smoking at public sites
- 10/11/2011Editorial: Local governments, not state of Florida, should have final authority over smoking regulations
- 7/17/2011Secondhand smoke is first-rate problem
- 3/2/2011Ban Smoking or Butt Out? Debate Rages On in SoFla
- 11/3/2010Naples mayor plans to get county legislative delegation involved smoking ban
- 2/15/2010Smoking ban: Bars among target of smoking-ban effort
- 2/5/2010State Preemption of Local Smoke-Free Laws in Government Work Sites, Private Work Sites, and Restaurants United States, 2005-2009
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State Specific Resources
- 9/23/2010Resolution for Florida Municipalities to Restore Local Control
- 9/9/2010Preemption of Smokefree Air Laws in Florida
- 4/18/2012Local Control Resolution from Martin County, FL
- 3/3/2011Local control resolution from Cape Canaveral, FL
- 3/3/2011Local control resolution from Gilchrist County, FL