Thursday, October 22, 2009

Does the Florida Clean Indoor Air Act apply to your community?

The Florida Clean Indoor Air Act (FCIAA) was enacted in 1985 by the Florida Legislature. The purpose of the Act was to protect people from the health hazards of secondhand smoke at work. In November 2002, seventy-one percent 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.

Originally condominiums were exempt from this Act. That exemption was removed. Common areas and recreational facilities may be deemed to be the "workplace" for your lawn people, pool maintenance workers and others. Thus, the association can prohibit smoking there even if some of those areas are not enclosed. The more interesting question is whether or not a condominium or cooperative can prohibit smoking inside the units.

The units are not a "workplace" if no one other than the owners and their guests and invitees enter them. However, what if the association sends in a pest control man regularly or has to perform other maintenance inside the unit? Is it now an "indoor workplace" for those workers?

In the event no one ever enters a unit to perform any sort of work, a heavy smoker whose smoke is penetrating another unit or units via the ventilation system could still be pursued as a general nuisance even if the FCIAA is not an option.

The Department of Health (DOH) and the Department of Business and Professional Regulation (DBPR) are responsible for enforcement of the FCIAA. DOH shall enforce the FCIAA in all facilities not regulated by DBPR. To obtain a list of facilities that are regulated by the DBPR, click on the FCIAA Brochure .

To report a violation of the FCIAA, you can contact either the DBPR or the Bureau of Tobacco Prevention at the emails listed below. The following information is required to process a complaint:
  • Name of workplace (where violation is occurring);
  • The mailing address, city, county and zip code;
  • Nature of the violation (ex. smoking in an enclosed indoor workplace); and
  • If available, provide a telephone number and name of the person in charge of the workplace.

Email: Bureau of Tobacco Prevention Program Call.Center@dbpr.state.fl.us

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