10/2/1985 - Laserfiche WebLink

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TO` The Board of County DATE: October 1, 1985 FILE: Commissioners SUBJECT: FROM: Bruce Barke t REFERENCES: Asst. County A torney THE FLORIDA CLEAN INDOOR AIR ACT The FLORIDA CLEAN INDOOR AIR ACT, passed by the 1985 Florida Legis- lature, became effective October 1, 1985. The stated legislative intent of the act is to "protect the public health, comfort and environment, by creating areas in public places and at public meetings that are reasonably free from tobacco smoke." It should be noted that the act specifically shall not be interpreted to require the designation of smoking areas. The operative provision of the Act is contained in Section 4, which states; "No person may smoke in a public place or at a public meeting except in designated smoking areas." "Public place" is defined as enclosed indoor areas used by the general public, specifically including government buildings, and "government buildings" in turn is defined to mean "any building or any portion of any building owned or leased to the State or any political subdivision thereof and used for governmental purposes." In addition, "public meeting" means all meetings open to the public. ,The Act provides that "the person in charge of a public place" may designate smoking areas. If a smoking area is designated, existing physical barriers and ventilation systems shall be used to minimize smoke in adjacent non-smoking areas. The result of the FLORIDA CLEAN INDOOR AIR ACT is that no person may smoke in a public place (including the County Administration Building), or at a public meeting unless the person in charge designates a smoking area. The person in charge of the public place shall conspicuously post, in any area designated as a smoking area, signs stating that smoking is permitted in such area. Any person who smokes in a public place, except in a designated smoking area, shall be guilty of a non -criminal violation punishable by a fine of not more than $100.00 for the first violation and not more than $500.00 for each subsequent violation. The Act also directs employers in a work place where there are smokers and non-smokers, to develop, implement and post a policy regarding designation of smoking and non-smoking areas. An entire area may not be designated as a smoking area unless all workers routinely assigned to work in that area at the same time agree. With regard to the County Administration Building, the Act seems to prohibit smoking except where there is a specifically designated smoking area. 65 OCT 2 1985 BOOK #%I% I