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Florida Statute 386.206 | Lawyer Caselaw & Research
F.S. 386.206 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 386.206

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. 386.206
386.206 Posting of signs; requiring policies.
(1) The proprietor or other person in charge of an enclosed indoor workplace must develop and implement a policy regarding the smoking and vaping prohibitions established in this part. The policy may include, but is not limited to, procedures to be taken when the proprietor or other person in charge witnesses or is made aware of a violation of s. 386.204 in the enclosed indoor workplace and must include a policy which prohibits an employee from smoking or vaping, or both, in the enclosed indoor workplace. In order to increase public awareness, the person in charge of an enclosed indoor workplace may, at his or her discretion, post signs to indicate that smoking or vaping, or both, are prohibited.
(2) The person in charge of an airport terminal that includes a designated customs smoking room must conspicuously post, or cause to be posted, signs stating that smoking and vaping are prohibited except in the designated customs smoking room located in the customs area of the airport. Each sign posted pursuant to this subsection must have letters of reasonable size which can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.
(3) The proprietor or other person in charge of an enclosed indoor workplace where a smoking or vaping cessation program, medical research, or scientific research is conducted or performed must conspicuously post, or cause to be posted, signs stating that smoking or vaping, or both, as applicable, are authorized for such purposes in designated areas in the enclosed indoor workplace. Each sign posted pursuant to this subsection must have letters of reasonable size which can be easily read. The color, design, and precise locations at which such signs are posted shall be left to the discretion of the person in charge of the premises.
History.s. 6, ch. 85-257; s. 6, ch. 92-185; s. 687, ch. 95-148; s. 7, ch. 2003-398; s. 10, ch. 2006-2; s. 7, ch. 2019-14.

F.S. 386.206 on Google Scholar

F.S. 386.206 on Casetext

Amendments to 386.206


Arrestable Offenses / Crimes under Fla. Stat. 386.206
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.206.



Annotations, Discussions, Cases:

Cases from cite.case.law:

AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INCORPORATED, v. MIAMI- DADE COUNTY SCHOOL BOARD, F., 557 F.3d 1177 (11th Cir. 2009)

. . . . § 386.206 (2008) (referring to “the smoking ban” in workplaces when people are allowed to have cigarettes . . .

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

. . . Section 386.207 of the Act allows parties subject to the Act to request an exemption from §§ 386.205 and 386.206 . . . 386.207 of the Act provides for enforcement procedures in eases of alleged violations of §§ 386.205 and 386.206 . . . will be documented as: (a) failure to post signs in a designated smoking area, a violation of section 386.206 . . . person in charge of a public place may request an exemption from Florida Statutes sections 386.205 or 386.206 . . . Health Officer, the department may grant exemptions from the requirements of section 386.205(4) and 386.206 . . .