The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

View Entire Chapter

F.S. 386.205

386.205 Customs smoking rooms.—A customs smoking room may be designated by the person in charge of an airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security. A customs smoking room may be designated only in an airport in-transit lounge under the authority and control of the Bureau of Customs and Border Protection of the United States Department of Homeland Security. A customs smoking room may not be designated in an elevator, restroom, or any common area as defined by s. 386.203. Each customs smoking room must conform to the following requirements:

(1) Work, other than essential services, may not be performed in the room at any time.

(2) Tobacco smoking and vaping are prohibited while essential services are being performed in the room.

(3) Each customs smoking room must be enclosed by physical barriers that are impenetrable by secondhand tobacco smoke and vapor and must prevent the escape of the smoke and vapor into the enclosed indoor workplace.

(4) Each customs smoking room must exhaust tobacco smoke and vapor directly to the outside and away from air intake ducts, and be maintained under negative pressure, with respect to surrounding spaces, sufficient to contain the smoke and vapor within the room.

(5) Each customs smoking room must comply with the signage requirements in s. 386.206.

History.—s. 5, ch. 85-257; s. 5, ch. 92-185; s. 79, ch. 97-101; s. 1, ch. 2000-185; s. 1, ch. 2000-370; s. 6, ch. 2003-398; s. 6, ch. 2019-14.

F.S. 386.205 on Google Scholar

F.S. 386.205 on Casetext

Amendments to 386.205

Arrestable Offenses / Crimes under Fla. Stat. 386.205

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.205.

Annotations, Discussions, Cases:

Cases from cite.case.law:

GARRISON CORPORATION, INC. d b a v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES,, 662 So. 2d 1374 (Fla. Dist. Ct. App. 1995)

. . . Section 386.205(3), Florida Statutes, requires employers subject to the Act to develop, implement, and . . . Section 386.205(4) of the Act limits the designation of a smoking area to no more than one-half of the . . . Section 386.205(3) of the Act exempts from calculation of that square footage “private office work space . . . Section 386.207 of the Act allows parties subject to the Act to request an exemption from §§ 386.205 . . . If employees are observed violating a workplace smoking policy, a violation of section 386.205(3), F.S . . .