Regulations current as of January 2016
Does the state’s smoke-free or clean indoor air law prohibit smoking in “adult foster care” (or similar assisted living residences for vulnerable adults)?
No. Fla. Stat. ch. 386.201 et seq. (2011) Note: Tobacco smoking is permitted in “a private residence whenever it is not being used commercially to provide adult care.” Florida’s regulation of smoking is preemptive.
How does the state define “adult foster care”? What population is served?
The state uses the term “adult family care home.” It defines this residence as a licensed, full-time, family-type living arrangement in a private home, under which individuals who own or rent a home provide room, board and personal care on a 24-hour basis to no more than five disabled adults or frail elders who are not relatives. Agency for Health Care Administration. Adult Family Care Home (website); Agency for Health Care Administration, Assisted Living Facility (website)
Do other state laws or regulations prohibit all smoking in “adult foster care” or similar assisted living residences?
Not specified. Smoking policies are up to the individual programs. Note: In mental health residential treatment facilities, policies regarding smoking in the facilities need to be in writing, posted conspicuously and made known to all residents, staff and visitors. Smoking is prohibited in any area of the facility where combustible supplies, materials, liquids or gases are in use or stored. Moreover, smoking is prohibited in bed for ambulatory residents and unsupervised bed-ridden residents and near areas with combustible supplies, materials, liquids, or gases. Fl. Rule, 65E-4.016, Mental Health Residential Treatment Facilities
What administrative body regulates adult foster care or similar assisted living residences in the state?
Florida Bureau of Health Facility Regulation; Department of Children and Family Services