Smoking is not allowed in Florida bars as a general rule, but there is one meaningful exception: a bar that qualifies as a “stand-alone bar” under state law can let patrons smoke and vape indoors. Every other bar in the state falls under the Florida Clean Indoor Air Act, which bans smoking in enclosed indoor workplaces.1Florida Senate. Florida Code 386.204 – Prohibition Whether you can light up comes down to how the bar is set up, how much of its money comes from food, and whether it shares space with any other business.
The ban itself traces back to Article X, Section 20 of the Florida Constitution, which voters approved in 2002. The legislature filled in the details in Chapter 386 of the Florida Statutes. An “enclosed indoor workplace” is any place where at least one person works that is more than 50 percent covered from above and more than 50 percent walled in on the sides.2Florida Senate. Florida Code 386.203 – Definitions That is why open patios and decks at Florida bars usually allow smoking: they do not meet the enclosure thresholds.
What Makes a Bar a Stand-Alone Bar
A stand-alone bar is the only kind of Florida bar where indoor smoking is legal. To qualify, the bar has to meet all three of these conditions:2Florida Senate. Florida Code 386.203 – Definitions
- The licensed premises are primarily or entirely devoted to serving alcoholic beverages for on-site consumption.
- No more than 10 percent of the bar’s gross revenue comes from food sold and consumed on the premises. Cross that line and the bar is disqualified.
- The bar is not located inside, and does not share a common entryway or indoor area with, any other enclosed indoor workplace — a restaurant, a retail store, or any business where sales of goods or services are more than incidental.
The third condition is the one that quietly disqualifies a lot of places people assume are smoking bars. A bar tucked inside a hotel lobby, connected to a restaurant through an interior door, or sharing a hallway with a shop cannot be a stand-alone bar no matter how little food it serves. It has to be its own building or a fully walled-off space with its own entrance.
The designation itself is issued by the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation after the license holder elects to authorize smoking on the premises.3Florida Senate. Florida Code 561.695 – Stand-Alone Bar Enforcement, Qualification, Penalties A bar cannot simply declare itself one.
How To Tell at the Door
The simplest way to know whether a bar allows smoking is to look for a sign. A qualifying stand-alone bar is required by law to post conspicuous signs at every entrance stating that smoking or vaping is authorized inside.3Florida Senate. Florida Code 561.695 – Stand-Alone Bar Enforcement, Qualification, Penalties No sign at the entrance means smoking almost certainly is not allowed inside.
Bars where smoking is banned are not required to post “no smoking” signs, though many do. The owner has discretion.
Vaping Follows the Same Rules
Since July 1, 2019, vaping and electronic vapor products have been treated the same as smoking under Florida law.2Florida Senate. Florida Code 386.203 – Definitions If a bar bans smoking, it bans vaping. If it qualifies as a stand-alone bar, both are allowed. Local governments can adopt rules that are stricter than the state standard, so a city or county may further limit where you can vape.
Cigar Bars, Hookah Lounges, and Private Clubs
Florida law does not give cigar bars or hookah lounges their own exemption. They can allow indoor smoking only if they meet the stand-alone bar test or qualify as a retail tobacco shop — an enclosed workplace primarily dedicated to selling tobacco products and accessories.2Florida Senate. Florida Code 386.203 – Definitions A hookah lounge whose food sales top 10 percent of revenue, or that shares an interior entrance with another business, does not qualify. Retail vape shops get the same treatment as tobacco shops.
Private membership clubs sit in their own narrow carve-out. The definition of “enclosed indoor workplace” excludes facilities owned or leased by a membership association and used exclusively for noncommercial activities like social gatherings, meetings, and dances, as long as no one is engaged in work on the premises.2Florida Senate. Florida Code 386.203 – Definitions The statute defines “work” broadly, covering employees, independent contractors, and volunteers. A club that hires a bartender or a server becomes an enclosed indoor workplace and loses the carve-out. Most clubs with paid staff do not qualify.
What Happens if You Smoke Where It’s Banned
Smoking or vaping in a place where it is prohibited is a noncriminal violation. The fine runs up to $100 for a first offense and up to $500 for each additional violation.4Florida Senate. Florida Code 386.208 – Penalties These are civil fines, so a violation will not create a criminal record. The establishment faces its own, separate penalties if it allows smoking without qualifying as a stand-alone bar, and a bar that falsely claims stand-alone status also risks its liquor license.3Florida Senate. Florida Code 561.695 – Stand-Alone Bar Enforcement, Qualification, Penalties
If you are unsure about a specific bar, the sign at the door is the fastest answer. When in doubt, step out to the patio.