With regard to clean indoor air regulations, anti-tobacco advocates have not had an easy time in Florida. In 1985, Florida enacted a weak state law that preempted stronger local initiatives. In subsequent attempts to strengthen the legislation, the tobacco industry was able to attach provisions requiring nondiscrimination against smokers. Recently, however, Florida has joined other states in suing tobacco manufacturers to recover Medicaid costs resulting from smoking. The Florida legislature sustained the governor's veto of legislation designed to end the litigation.
Update on Legislative Activity. The major legislative activities since our previous report have been the state's law in 1992 restricting youth access to tobacco, the Prevention of Access by Children to Tobacco Products Act, and the 1994 Medicaid third-party liability law authorizing litigation to obtain compensation for tobacco-related health care costs. In 1996, the legislature enacted a law prohibiting smoking on, in, or within 1,000 feet of school property.
Florida state legislation includes both CIAA provisions and youth access restrictions. Under both laws, primary enforcement responsibility rests at the state level, although local health departments can enforce the state laws.
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Publication information: Book title: Tobacco Control Laws:Implementation and Enforcement. Contributors: Peter D. Jacobson - Author, Jeffrey Wasserman - Author. Publisher: Rand. Place of publication: Santa Monica, CA. Publication year: 1997. Page number: 177.
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