Florida Statutes

§ 386.209 — Regulation of smoking preempted to state

Florida § 386.209
JurisdictionFlorida
TitleXXIX
Ch. 386SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

This text of Florida § 386.209 (Regulation of smoking preempted to state) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fla. Stat. § 386.209 (2026).

Text

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 or

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Legislative 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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Bluebook (online)
Florida § 386.209, Counsel Stack Legal Research, https://law.counselstack.com/statute/fl/386.209.