Florida Senate - 2011                             CS for SB 1430
       
       
       
       By the Committee on Regulated Industries; and Senator Altman
       
       
       
       
       580-02580-11                                          20111430c1
    1                        A bill to be entitled                      
    2         An act relating to the regulation of smoking; amending
    3         s. 386.212, F.S.; authorizing a district school board
    4         to adopt rules prohibiting any person from smoking
    5         tobacco on or in any district-owned or district-leased
    6         facility or property during a specified time of the
    7         day; amending s. 386.209, F.S.; providing an exception
    8         to the state preemption of the regulation of smoking
    9         in the state; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (1) of section 386.212, Florida
   14  Statutes, is amended to read:
   15         386.212 Smoking prohibited near school property; penalty.—
   16         (1) It is unlawful for any person under 18 years of age to
   17  smoke tobacco in, on, or within 1,000 feet of the real property
   18  comprising a public or private elementary, middle, or secondary
   19  school between the hours of 6 a.m. and midnight. A district
   20  school board may adopt rules prohibiting any person from smoking
   21  tobacco on or in any other district-owned or district-leased
   22  facility or property between the hours of 6 a.m. and midnight.
   23  This section does not apply to any person occupying a moving
   24  vehicle or within a private residence.
   25         Section 2. Section 386.209, Florida Statutes, is amended to
   26  read:
   27         386.209 Regulation of smoking preempted to state.—Except as
   28  provided in s. 386.212, this part expressly preempts regulation
   29  of smoking to the state and supersedes any municipal or county
   30  ordinance on the subject.
   31         Section 3. This act shall take effect July 1, 2011.