Florida Statute 386.207 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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F.S. 386.207

386.207 Administration; enforcement; civil penalties.—

(1) The department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation shall enforce this part based upon each department’s specific areas of regulatory authority and to implement such enforcement shall adopt, in consultation with the State Fire Marshal, rules specifying procedures to be followed by enforcement personnel in investigating complaints and notifying alleged violators and rules specifying procedures by which appeals may be taken by aggrieved parties.

(2) Public agencies responsible for the management and maintenance of government buildings shall report observed violations to the department. The State Fire Marshal shall report to the department observed violations of this part found during its periodic inspections conducted under its regulatory authority.

(3) The department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, upon notification of observed violations of this part, shall issue to the proprietor or other person in charge of such enclosed indoor workplace a notice to comply with this part. If the person fails to comply within 30 days after receipt of the notice, the department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation shall assess against the person a civil penalty of not less than $250 and not more than $750 for the first violation and not less than $500 and not more than $2,000 for each subsequent violation. The imposition of the fine must be in accordance with chapter 120. If a person refuses to comply with this part, after having been assessed such penalty, the department or the Division of Hotels and Restaurants or the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation may file a complaint in the circuit court of the county in which the enclosed indoor workplace is located to require compliance.

(4) All fine moneys collected pursuant to this section shall be used by the department for children’s medical services programs pursuant to part I of chapter 391.

History.—s. 7, ch. 85-257; s. 2, ch. 88-266; s. 1, ch. 89-109; s. 688, ch. 95-148; s. 8, ch. 2003-398; s. 8, ch. 2019-14.

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F.S. 386.207 on Casetext

Amendments to 386.207

Arrestable Offenses / Crimes under Fla. Stat. 386.207

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.207.

Annotations, Discussions, Cases:

Cases Citing Statute 386.207

Total Results: 3

Garrison Corp. v. Department of Health & Rehabilitative Services

Court: Fla. Dist. Ct. App. | Date Filed: 1995-11-27T00:00:00-08:00

Citation: 662 So. 2d 1374, 1995 Fla. App. LEXIS 12284, 1995 WL 694646

Snippet: specific provisions of the law implemented. Section 386.207 of the Act allows parties subject to the Act to…or extraordinary circumstances exist.” Section 386.207(3), Florida Statutes (1993). The proposed rule …exercise of delegated legislative authority. Section 386.207 of the Act provides for enforcement procedures

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Court: Fla. Att'y Gen. | Date Filed: 1992-12-03T23:53:00-08:00

Snippet: aggrieved parties." 12 Section 386.207(2), F.S. 13 Section 386.207(2), F.S., states that the civil penalties…enforcement of ss. 386.205 and 386.206, F.S.11 Section 386.207(2), F.S., directs public agencies responsible for…area preempted by the legislature). 11 *See, s. 386.207, F.S., which also provides that the department

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Court: Fla. Att'y Gen. | Date Filed: 1989-01-29T23:53:00-08:00

Snippet: interpretation would be accorded great deference. See, s. 386.207, F.S., stating that the Department of Business