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Florida Statute 386.206 - Full Text and Legal Analysis
Florida Statute 386.206 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT
View Entire Chapter
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

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Amendments to 386.206


Annotations, Discussions, Cases:

Cases Citing Statute 386.206

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Am. Civil Liberties Union of Florida, Inc. v. Miami-Dade Cnty. Sch. Bd., 557 F.3d 1177 (11th Cir. 2009).

Cited 148 times | Published | Court of Appeals for the Eleventh Circuit | 2009 U.S. App. LEXIS 2253, 2009 WL 263122

...h they were not prohibited from presenting elsewhere). For example, we say that smoking has been “banned” on airplanes and in restaurants, even though people are free to have cigarettes and smoke in other venues. See, e.g., F LA. S TAT. A NN. § 386.206 (2008) (referring to “the smoking ban” in workplaces when people are allowed to have cigarettes and smoke in other venues); Roark & Hardee LP v....
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Garrison Corp. v. Dep't of Health & Rehabilitative Servs., 662 So. 2d 1374 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 12284, 1995 WL 694646

...As such, it is subject to the Act. We agree with the hearing officer’s conclusion that proposed rule 10D-105.011 8 enlarges the specific provisions of the law implemented. Section 386.207 of the Act allows parties subject to the Act to request an exemption from §§ 386.205 and 386.206 by application to the agency....
...cific provisions of the law implemented. Proposed rule 10D-105.012(2) 9 is also an invalid exercise of delegated legislative authority. Section 386.207 of the Act provides for enforcement procedures in eases of alleged violations of §§ 386.205 and 386.206....
...(Partitioned work spaces and rooms not separated by closed doors, floor to ceiling moveable walls or similar floor to ceiling barrier do not constitute separate work areas.) This violation of the Florida Clean Indoor Air Act will be documented as: (a) failure to post signs in a designated smoking area, a violation of section 386.206, F.S., and (b) failure to implement a smoking policy regarding smoking and nonsmoking areas, a violation of section 386.205(3), F.S....
...nted as: "Smoking permitted or designated in a prohibited area.” . Proposed rule 10D-105.011 reads in pertinent part: (1) The proprietor or other person in charge of a public place may request an exemption from Florida Statutes sections 386.205 or 386.206, by submitting their requests in writing to the HRS State Health Officer. On the recommendation of the State Health Officer, the department may grant exemptions from the requirements of section 386.205(4) and 386.206, F.S., as an emergency or extraordinary circumstance which justifies exemption when compliance with the Florida Clean Indoor Air Act would result in a greater hazard to public health than would result from granting the exemption....
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Ago (Fla. Att'y Gen. 1992).

Published | Florida Attorney General Reports

board to establish designated smoking areas. 7 Section 386.206, F.S. (1992 Supp.). 8 Section 386.209, F.S

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