Florida Statute 386.209 | 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. 386.209

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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F.S. 386.209 on Casetext

Amendments to 386.209

Arrestable Offenses / Crimes under Fla. Stat. 386.209

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.209.

Annotations, Discussions, Cases:

Cases Citing Statute 386.209

Total Results: 5

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-07-21

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-12-29

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-11-21

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

Kurtz v. City of North Miami

Court: District Court of Appeal of Florida | Date Filed: 1993-10-12

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-12-04

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