Florida Senate - 2019                                     SB 150
       
       
        
       By Senator Rader
       
       
       
       
       
       29-00300-19                                            2019150__
    1                        A bill to be entitled                      
    2         An act relating to tobacco-free schools; creating s.
    3         1013.29, F.S.; requiring each school district to adopt
    4         a policy that prohibits the use or distribution of
    5         tobacco products in school facilities, on school
    6         grounds, in school vehicles, and at school functions;
    7         requiring that such policies apply to specified
    8         individuals, facilities, real property, organizations
    9         that use school property, and any person who
   10         supervises students off school grounds during certain
   11         activities; requiring that each school district adopt
   12         a procedure for communicating the policy to certain
   13         individuals; requiring that each school district adopt
   14         a policy to refer individuals to voluntary cessation
   15         education and support programs that address tobacco
   16         use; requiring each school district to provide an
   17         electronic copy of its current policy to the
   18         Department of Education and provide revisions within a
   19         certain timeframe; prohibiting the use of school
   20         facilities, school real property, or vehicles owned by
   21         a school district for the advertisement of any tobacco
   22         product; amending s. 386.212, F.S.; conforming
   23         provisions to changes made by the act; specifying that
   24         the section applies to any person operating certain
   25         vehicles; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 1013.29, Florida Statutes, is created to
   30  read:
   31         1013.29 Tobacco-free schools policy.—
   32         (1) Each school district shall:
   33         (a) Adopt a tobacco-free schools policy that prohibits the
   34  use or distribution of tobacco products in auxiliary facilities,
   35  educational facilities, and core facilities; on school grounds;
   36  in any vehicle owned, operated, rented, contracted, or leased by
   37  a school district; and at all school functions. At a minimum,
   38  the policy must apply to:
   39         1. Faculty, administrators, and staff, including school bus
   40  drivers.
   41         2. Any facility, real property, or vehicle used for school
   42  activities when students, faculty, administrators, or staff are
   43  present.
   44         3. Any organizations using school facilities, real
   45  property, or vehicles owned by the school district.
   46         4. Any person who supervises students off school grounds
   47  during school-sponsored activities.
   48         (b) Adopt procedures to communicate the tobacco-free policy
   49  to school faculty, administrators, and staff; students; parents,
   50  guardians, relative caregivers, and families of students;
   51  visitors; and the public.
   52         (c) Adopt a policy to refer individuals to voluntary
   53  cessation education and support programs that address tobacco
   54  use.
   55         (d) Provide an electronic copy of its current tobacco-free
   56  policy to the Department of Education and provide the department
   57  with any revisions to the policy within 90 days after adoption.
   58         (2) Any facility, real property, or vehicle owned by a
   59  school district may not be used for the advertisement of any
   60  tobacco product.
   61         Section 2. Subsection (1) of section 386.212, Florida
   62  Statutes, is amended to read:
   63         386.212 Smoking prohibited near school property; penalty.—
   64         (1) It is unlawful for any person under 18 years of age to
   65  smoke tobacco in, on, or within 1,000 feet of the real property
   66  comprising a public or private elementary, middle, or secondary
   67  school between the hours of 6 a.m. and midnight. This section
   68  does not apply to any person within a private residence or
   69  occupying a moving vehicle, excluding any vehicle owned,
   70  operated, rented, contracted, or leased by a school district or
   71  within a private residence.
   72         Section 3. This act shall take effect July 1, 2019.