Amendment 6, the Florida Smoke-Free Workplaces amendment that was approved in the November 2002 general election, will affect virtually every business in Florida. Amendment 6 was entitled "Protect People from the Health Hazards of Second-Hand Tobacco Smoke by Prohibiting Workplace Smoking."
It prohibits tobacco smoking in all "enclosed indoor workplaces" in Florida, regardless of whether work is occurring there at any given time – meaning employees are not permitted to smoke in an enclosed place even during their breaks or before or after work. The amendment defines an "enclosed indoor workplace" as "any place where one or more persons engages in work, and which place is predominantly or totally bounded on all sides and above by physical barriers, regardless of whether such barriers consist of or include uncovered openings, screened or otherwise partially covered openings; or open or closed windows, jalousies, doors, or the like." The amendment defines "work" broadly to include
