Florida Statute 386.209 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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F.S. 386.209

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.

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Amendments to 386.209

Annotations, Discussions, Cases:

Cases Citing Statute 386.209

Total Results: 5

Kurtz v. City of North Miami

625 So. 2d 899, 8 I.E.R. Cas. (BNA) 1611, 1993 Fla. App. LEXIS 10307, 1993 WL 406608

District Court of Appeal of Florida | Filed: Oct 12, 1993 | Docket: 1517611

Cited 3 times | Published

the subject of restriction of indoor smoking. § 386.209, Fla. Stat. (Supp. 1992). Regulation 1-46 only

Ago

Florida Attorney General Reports | Filed: Jul 21, 2011 | Docket: 3256056

Published

smoking is preempted to the state pursuant to section 386.209, Florida Statutes, and the St. Johns River

Ago

Florida Attorney General Reports | Filed: Dec 29, 2010 | Docket: 3257042

Published

regulation and has clearly expressed its intent in section 386.209, Florida Statutes: "Regulation of smoking preempted

Ago

Florida Attorney General Reports | Filed: Nov 21, 2005 | Docket: 3255273

Published

substantially ask the following question: Does section 386.209, Florida Statutes, prohibit a municipality

Ago

Florida Attorney General Reports | Filed: Dec 4, 1992 | Docket: 3256052

Published

areas. 7 Section 386.206, F.S. (1992 Supp.). 8 Section 386.209, F.S. (1992 Supp.). 9 See, Philip Crosby Associates