Bill Text: FL H0891 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Regulation of Smoking

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/SB 1430 (Ch. [H0891 Detail]

Download: Florida-2011-H0891-Introduced.html

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HB 891

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
8	Be It Enacted by the Legislature of the State of Florida:
9
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.

CODING: Words stricken are deletions; words underlined are additions.