386.209 – Regulation of smoking preempted to state.
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 […]
386.211 – Public announcements in mass transportation terminals.
386.211 Public announcements in mass transportation terminals.—Announcements about the Florida Clean Air Act shall be made regularly over public address systems in terminals of public transportation carriers located in metropolitan statistical areas with populations over 230,000 according to the latest census. These announcements shall be made at least every 30 minutes and shall be made in […]
386.212 – Smoking and vaping prohibited near school property; penalty.
386.212 Smoking and vaping prohibited near school property; penalty.— (1) It is unlawful for any person under 21 years of age to smoke tobacco or vape in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This section does […]
386.2125 – Rulemaking.
386.2125 Rulemaking.—The department and the Department of Business and Professional Regulation may, in consultation with the State Fire Marshal, adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part within each agency’s specific areas of regulatory authority. Whenever assessing a smoking or vaping cessation program for approval, the department shall consider […]
386.041 – Nuisances injurious to health.
386.041 Nuisances injurious to health.— (1) The following conditions existing, permitted, maintained, kept, or caused by any individual, municipal organization, or corporation, governmental or private, shall constitute prima facie evidence of maintaining a nuisance injurious to health: (a) Untreated or improperly treated human waste, garbage, offal, dead animals, or dangerous waste materials from manufacturing processes harmful to human […]
386.051 – Nuisances injurious to health, penalty.
386.051 Nuisances injurious to health, penalty.—Any person found guilty of creating, keeping, or maintaining a nuisance injurious to health shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.—s. 2, ch. 63-64; s. 337, ch. 71-136.
386.201 – Short title.
386.201 Short title.—This part may be cited as the “Florida Clean Air Act.” History.—s. 1, ch. 85-257; s. 1, ch. 92-185; s. 1, ch. 2003-398; s. 2, ch. 2022-213.
386.202 – Legislative intent.
386.202 Legislative intent.—The purpose of this part is to protect people from the health hazards of secondhand tobacco smoke and vapor and to implement the Florida health initiative in s. 20, Art. X of the State Constitution. It is the intent of the Legislature to not inhibit, or otherwise obstruct, medical or scientific research, or smoking […]
386.203 – Definitions.
386.203 Definitions.—As used in this part: (1) “Commercial” use of a private residence means any time during which the owner, lessee, or other person occupying or controlling the use of the private residence is furnishing in the private residence, or causing or allowing to be furnished in the private residence, child care, adult care, or health care, […]
386.204 – Prohibition.
386.204 Prohibition.—A person may not smoke or vape in an enclosed indoor workplace, except as otherwise provided in s. 386.2045. History.—s. 4, ch. 85-257; s. 4, ch. 92-185; s. 4, ch. 2003-398; s. 4, ch. 2019-14.