Florida Statutes
Fla. Stat. § 386.209 (2025)
Regulation of smoking preempted to state.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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386.209 Regulation of smoking preempted to state.—This part expressly preempts regulation of smoking to the state and supersedes any county or municipal ordinance on the subject; however, counties and municipalities may further restrict smoking within the boundaries of any public beaches and public parks that they own, except that they may not further restrict the smoking of unfiltered cigars. A municipality may further restrict smoking within the boundaries of public beaches and public parks that are within its jurisdiction but are owned by the county, unless such restriction conflicts with a county ordinance, except that they may not further restrict the smoking of unfiltered cigars. School districts may further restrict smoking by persons on school district property. This section does not preclude the adoption of county or municipal ordinances that impose more restrictive regulation on the use of vapor-generating devices than is provided in this part.
History.—s. 9, ch. 85-257; s. 8, ch. 92-185; s. 10, ch. 2003-398; s. 1, ch. 2011-108; s. 10, ch. 2019-14; s. 3, ch. 2022-213.
Notes of Decisions
Cited in 1
case, 1993–1993 · leading case: Kurtz v. City of North Miami, 625 So. 2d 899 (Fla. 3d DCA 1993).
Kurtz v. City of North Miami, 625 So. 2d 899 (Fla. 3d DCA 1993). “§ 386.209, Fla. Stat. (Supp. 1992). Regulation 1-46 only attempts to regulate the City's employment practices and is not concerned with regulating indoor smoking.”
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