Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances

State Status

Any Preemption


"RESOLVED: That the American Cancer Society opposes any preemption clauses that are intended to remove or restrict power and authority from a unit of local government or regulate clean indoor air and/or other tobacco control laws."

American Cancer Society
State Preemption of Local Tobacco Control Laws, March 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 the Florida 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's Tobacco Control State Highlights, 2010.
Read more about current tobacco-related legislation in Florida.

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