Florida Statutes

Fla. Stat. § 386.206 (2025)

Posting of signs; requiring policies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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386.206 Posting of signs; requiring policies.
(1) The proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding the smoking and vaping prohibitions established in this part. The policy may include, but is not limited to, procedures to be taken when the proprietor or other person in charge witnesses or is made aware of a violation of s. 386.204 in the enclosed indoor workplace and must include a policy which prohibits an employee from smoking or vaping, or both, in the enclosed indoor workplace. In order to increase public awareness, the person in charge of an enclosed indoor workplace may, at his or her discretion, post signs to indicate that smoking or vaping, or both, are prohibited.
(2) The person in charge of an airport terminal that includes a designated customs smoking room must conspicuously post, or cause to be posted, signs stating that smoking and vaping are prohibited except in the designated customs smoking room located in the customs area of the airport. Each sign posted pursuant to this subsection must have letters of reasonable size which can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.
(3) The proprietor or other person in charge of an enclosed indoor workplace where a smoking or vaping cessation program, medical research, or scientific research is conducted or performed must conspicuously post, or cause to be posted, signs stating that smoking or vaping, or both, as applicable, are authorized for such purposes in designated areas in the enclosed indoor workplace. Each sign posted pursuant to this subsection must have letters of reasonable size which can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.
History.s. 6, ch. 85-257; s. 6, ch. 92-185; s. 687, ch. 95-148; s. 7, ch. 2003-398; s. 10, ch. 2006-2; s. 7, ch. 2019-14.
Notes of Decisions
Cited in 1 case, 1995–1995 · leading case: Garrison Corp. v. Dep't of Health & Rehabilitative Servs., 662 So. 2d 1374 (Fla. 1st DCA 1995).
Garrison Corp. v. Dep't of Health & Rehabilitative Servs., 662 So. 2d 1374 (Fla. 1st DCA 1995). “) This violation of the Florida Clean Indoor Air Act will be documented as: (a) failure to post signs in a designated smoking area, a violation of section 386.206, F.S., and (b) failure to implement a smoking policy regarding smoking and nonsmoking areas, a violation of section…”
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