Bill Text: FL S0128 | 2014 | Regular Session | Introduced

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Bill Title: Aerosol Spray Paint

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-05-02 - Died in Commerce and Tourism [S0128 Detail]

Download: Florida-2014-S0128-Introduced.html

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       Florida Senate - 2014                                     SB 128
       
       
        
       By Senator Soto
       
       
       
       
       
       14-00052A-14                                           2014128__
    1                        A bill to be entitled                      
    2         An act relating to aerosol spray paint; creating s.
    3         877.28, F.S.; prohibiting the sale of aerosol spray
    4         paint to persons younger than 18 years of age;
    5         providing a defense; requiring a business that sells
    6         aerosol spray paint to post a certain sign;
    7         prohibiting a person from misrepresenting his or her
    8         age in order to purchase aerosol spray paint;
    9         providing penalties; authorizing local governments to
   10         use collected fines for the improvement or maintenance
   11         of neighborhoods and parks; providing an effective
   12         date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 877.28, Florida Statutes, is created to
   17  read:
   18         877.28 Sale of aerosol spray paint to persons younger than
   19  18 years of age; penalties.—
   20         (1) A person may not sell aerosol spray paint to a person
   21  who is younger than 18 years of age. A person who violates this
   22  subsection has a complete defense if, at the time the aerosol
   23  spray paint was sold:
   24         (a) The buyer misrepresented that he or she was 18 years of
   25  age or older;
   26         (b) The appearance of the buyer was such that a prudent
   27  person would believe the buyer to be 18 years of age or older;
   28  and
   29         (c) The seller carefully checked a driver license or an
   30  identification card issued by this state or another state of the
   31  United States, a passport, or a United States armed services
   32  identification card presented by the buyer and acted in good
   33  faith and in reliance upon the representation and appearance of
   34  the buyer in the belief that the buyer was 18 years of age or
   35  older.
   36         (2) A seller of aerosol spray paint shall post a clear and
   37  conspicuous sign near the checkout counter which substantially
   38  states the following:
   39  
   40  THE SALE OF AEROSOL SPRAY PAINT TO PERSONS YOUNGER THAN 18 YEARS
   41  OF AGE VIOLATES FLORIDA LAW UNDER SECTION 877.28, FLORIDA
   42  STATUTES. PROOF OF AGE IS REQUIRED FOR PURCHASE.
   43  
   44         (3) A person younger than 18 years of age may not
   45  misrepresent his or her age for the purpose of inducing a seller
   46  or an agent or employee of the seller to sell aerosol spray
   47  paint, or to purchase or attempt to purchase, aerosol spray
   48  paint from any person.
   49         (4) A person who violates:
   50         (a) Subsection (1) or subsection (2) commits a noncriminal
   51  violation as provided in s. 775.08, punishable by a fine not to
   52  exceed $500.
   53         (b) Subsection (3) commits a noncriminal violation as
   54  provided in s. 775.08, punishable by a fine not to exceed $50.
   55         (5) A person cited for committing a noncriminal violation
   56  under this section shall sign and accept a civil citation
   57  indicating a promise to comply with the requirement for paying
   58  the fine. The fine shall be paid within 30 days after the date
   59  of the citation.
   60         (6) Local governments are authorized to use fines collected
   61  pursuant to subsection (4) for the improvement or maintenance of
   62  neighborhoods and parks.
   63         Section 2. This act shall take effect July 1, 2014.