| 1 | A bill to be entitled |
| 2 | An act relating to the regulation of smoking; amending s. |
| 3 | 386.212, F.S.; authorizing district school boards to adopt |
| 4 | rules to regulate smoking tobacco on property owned or |
| 5 | leased by the school district; providing a penalty; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 386.212, Florida Statutes, is amended |
| 11 | to read: |
| 12 | 386.212 Smoking prohibited on or near school property; |
| 13 | penalty.- |
| 14 | (1) It is unlawful for any person under 18 years of age to |
| 15 | smoke tobacco in, on, or within 1,000 feet of the real property |
| 16 | comprising a public or private elementary, middle, or secondary |
| 17 | school between the hours of 6 a.m. and midnight. A district |
| 18 | school board may adopt rules to prohibit any person from smoking |
| 19 | tobacco on or in any other facility or property owned or leased |
| 20 | by the district between the hours of 6 a.m. and midnight. This |
| 21 | section does not apply to any person occupying a moving vehicle |
| 22 | or within a private residence. |
| 23 | (2) A law enforcement officer may issue a citation in such |
| 24 | form as prescribed by a county or municipality to any person |
| 25 | violating the provisions of this section. Any such citation must |
| 26 | contain: |
| 27 | (a) The date and time of issuance. |
| 28 | (b) The name and address of the person cited. |
| 29 | (c) The date and time the civil infraction was committed. |
| 30 | (d) The statute violated. |
| 31 | (e) The facts constituting the violation. |
| 32 | (f) The name and authority of the law enforcement officer. |
| 33 | (g) The procedure for the person to follow to pay the |
| 34 | civil penalty, to contest the citation, or to appear in court. |
| 35 | (h) The applicable civil penalty if the person elects not |
| 36 | to contest the citation. |
| 37 | (i) The applicable civil penalty if the person elects to |
| 38 | contest the citation. |
| 39 | (3) Any person issued a citation pursuant to this section |
| 40 | shall be deemed to be charged with a civil infraction punishable |
| 41 | by a maximum civil penalty not to exceed $25, or 50 hours of |
| 42 | community service or, where available, successful completion of |
| 43 | a school-approved anti-tobacco "alternative to suspension" |
| 44 | program. |
| 45 | (4) Any person who fails to comply with the directions on |
| 46 | the citation shall be deemed to waive his or her right to |
| 47 | contest the citation and an order to show cause may be issued by |
| 48 | the court. |
| 49 | Section 2. This act shall take effect July 1, 2011. |