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The county's lawyers are aware of the Supreme Court ruling but still approved the policy, pointing instead to a 1995 Florida Supreme Court ruling that an applicant to a city government job had no reasonable expectation of privacy with respect to tobacco use

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These separation requirements are typically in the range of 150 feet to 1,000 feet from residentially zoned or institutional uses (such as schools, parks, day cares, and governmentally owned property), and the property is also a certain specified distance (often as far as 1,000 feet) from other establishments authorized by the local government to sell alcohol