Senate Bill 0998

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



    Florida Senate - 1998                                   SB 998

    By Senator Myers





    27-1001-98                                              See HB

  1                      A bill to be entitled

  2         An act relating to smoking on or near school

  3         property; amending s. 386.212, F.S., which

  4         prohibits persons under 18 from smoking tobacco

  5         in or near a public or private elementary,

  6         middle, or secondary school during certain

  7         hours; removing the age limitation and time

  8         limitation on such prohibition; providing that

  9         persons under 18 who violate said prohibition

10         shall be punished in the same manner as for

11         violation of s. 569.11(1), F.S., which

12         prohibits possession of any tobacco product by

13         a person under 18, and that persons 18 and

14         older who violate said prohibition shall be

15         punished as provided in s. 386.208, F.S., which

16         provides the penalty for smoking in public

17         places or meetings; amending s. 386.208, F.S.,

18         to conform; amending s. 322.056, F.S., which

19         provides for mandatory revocation or suspension

20         of, or delay of eligibility for, driver's

21         licenses for persons under 18 who violate s.

22         569.11, F.S., to include violation of s.

23         386.212, F.S.; amending s. 569.12, F.S., which

24         provides for enforcement and the form of

25         citation for violation of s. 569.11, F.S., to

26         include violation of s. 386.212, F.S.; amending

27         s. 569.19, F.S., which requires an annual

28         report on violations of s. 569.11, F.S., to

29         include violations of s. 386.212, F.S.;

30         providing an effective date.

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






    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Section 386.208, Florida Statutes, is

  4  amended to read:

  5         386.208  Penalties.--Any person who violates s.

  6  386.204, and any person 18 years of age or older who violates

  7  s. 386.212, commits a noncriminal violation as provided for in

  8  s. 775.08(3), punishable by a fine of not more than $100 for

  9  the first violation and not more than $500 for each subsequent

10  violation.  Jurisdiction shall be with the appropriate county

11  court.

12         Section 2.  Section 386.212, Florida Statutes, is

13  amended to read:

14         386.212  Smoking prohibited near school property;

15  penalty.--

16         (1)  It is unlawful for any person under 18 years of

17  age to smoke tobacco in, on, or within 1,000 feet of the real

18  property comprising a public or private elementary, middle, or

19  secondary school between the hours of 6 a.m. and midnight.

20  This section shall not apply to any person occupying a moving

21  vehicle or within a private residence.

22         (2)(a)  Any person under 18 years of age who violates

23  the provisions of this section commits a noncriminal

24  violation, punishable as provided in s. 569.11 for violation

25  of s. 569.11(1).

26         (b)  Any person 18 years of age or older who violates

27  the provisions of this section commits a noncriminal

28  violation, punishable as provided in s. 386.208.

29         (2)  A law enforcement officer may issue a citation in

30  such form as prescribed by a county or municipality to any

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  person violating the provisions of this section.  Any such

  2  citation must contain:

  3         (a)  The date and time of issuance.

  4         (b)  The name and address of the person cited.

  5         (c)  The date and time the civil infraction was

  6  committed.

  7         (d)  The statute violated.

  8         (e)  The facts constituting the violation.

  9         (f)  The name and authority of the law enforcement

10  officer.

11         (g)  The procedure for the person to follow to pay the

12  civil penalty, to contest the citation, or to appear in court.

13         (h)  The applicable civil penalty if the person elects

14  not to contest the citation.

15         (i)  The applicable civil penalty if the person elects

16  to contest the citation.

17         (3)  Any person issued a citation pursuant to this

18  section shall be deemed to be charged with a civil infraction

19  punishable by a maximum civil penalty not to exceed $25, or 50

20  hours of community service or, where available, successful

21  completion of a school-approved anti-tobacco "alternative to

22  suspension" program.

23         (4)  Any person who fails to comply with the directions

24  on the citation shall be deemed to waive his or her right to

25  contest the citation and an order to show cause may be issued

26  by the court.

27         Section 3.  Subsections (2) and (3) of section 322.056,

28  Florida Statutes, are amended to read:

29         322.056  Mandatory revocation or suspension of, or

30  delay of eligibility for, driver's license for persons under

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  age 18 found guilty of certain alcohol, drug, or tobacco

  2  offenses; prohibition.--

  3         (2)  If a person under 18 years of age is found by the

  4  court to have committed a noncriminal violation under s.

  5  386.212 or s. 569.11 and that person has failed to comply with

  6  the procedures established in s. 569.11 that section by

  7  failing to fulfill community service requirements, failing to

  8  pay the applicable fine, or failing to attend a locally

  9  available school-approved anti-tobacco program, and:

10         (a)  The person is eligible by reason of age for a

11  driver's license or driving privilege, the court shall direct

12  the department to revoke or to withhold issuance of his or her

13  driver's license or driving privilege as follows:

14         1.  For the first violation, for 30 days.

15         2.  For the second violation within 12 weeks of the

16  first violation, for 45 days.

17         (b)  The person's driver's license or driving privilege

18  is under suspension or revocation for any reason, the court

19  shall direct the department to extend the period of suspension

20  or revocation by an additional period as follows:

21         1.  For the first violation, for 30 days.

22         2.  For the second violation within 12 weeks of the

23  first violation, for 45 days.

24         (c)  The person is ineligible by reason of age for a

25  driver's license or driving privilege, the court shall direct

26  the department to withhold issuance of his or her driver's

27  license or driving privilege as follows:

28         1.  For the first violation, for 30 days.

29         2.  For the second violation within 12 weeks of the

30  first violation, for 45 days.

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  Any second violation of s. 386.212 or s. 569.11 not within the

  2  12-week period after the first violation will be treated as a

  3  first violation and in the same manner as provided in this

  4  subsection.

  5         (3)  If a person under 18 years of age is found by the

  6  court to have committed a third violation of s. 386.212 or s.

  7  569.11 within 12 weeks of the first violation, the court must

  8  direct the Department of Highway Safety and Motor Vehicles to

  9  suspend or withhold issuance of his or her driver's license or

10  driving privilege for 60 consecutive days.  Any third

11  violation of s. 386.212 or s. 569.11 not within the 12-week

12  period after the first violation will be treated as a first

13  violation and in the same manner as provided in subsection

14  (2).

15         Section 4.  Section 569.11, Florida Statutes, reads:

16         569.11  Possession, misrepresenting age or military

17  service to purchase, and purchase of tobacco products by

18  persons under 18 years of age prohibited; penalties;

19  jurisdiction; disposition of fines.--

20         (1)  It is unlawful for any person under 18 years of

21  age to knowingly possess any tobacco product.  Any person

22  under 18 years of age who violates the provisions of this

23  subsection commits a noncriminal violation as provided in s.

24  775.08(3), punishable by:

25         (a)  For a first violation, 16 hours of community

26  service or, instead of community service, a $25 fine. In

27  addition, the person must attend a school-approved

28  anti-tobacco program, if locally available;

29         (b)  For a second violation within 12 weeks of the

30  first violation, a $25 fine; or

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1         (c)  For a third or subsequent violation within 12

  2  weeks of the first violation, the court must direct the

  3  Department of Highway Safety and Motor Vehicles to withhold

  4  issuance of or suspend or revoke the person's driver's license

  5  or driving privilege, as provided in s. 322.056.

  6

  7  Any second or subsequent violation not within the 12-week time

  8  period after the first violation is punishable as provided for

  9  a first violation.

10         (2)  It is unlawful for any person under 18 years of

11  age to misrepresent his or her age or military service for the

12  purpose of inducing a dealer or an agent or employee of the

13  dealer to sell, give, barter, furnish, or deliver any tobacco

14  product, or to purchase any tobacco product from a person or a

15  vending machine.  Any person under 18 years of age who

16  violates a provision of this subsection commits a noncriminal

17  violation as provided in s. 775.08(3), punishable by:

18         (a)  For a first violation, 16 hours of community

19  service or, instead of community service, a $25 fine and, in

20  addition, the person must attend a school-approved

21  anti-tobacco program, if available;

22         (b)  For a second violation within 12 weeks of the

23  first violation, a $25 fine; or

24         (c)  For a third or subsequent violation within 12

25  weeks of the first violation, the court must direct the

26  Department of Highway Safety and Motor Vehicles to withhold

27  issuance of or suspend or revoke the person's driver's license

28  or driving privilege, as provided in s. 322.056.

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






    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  Any second or subsequent violation not within the 12-week time

  2  period after the first violation is punishable as provided for

  3  a first violation.

  4         (3)  Any person under 18 years of age cited for

  5  committing a noncriminal violation under this section must

  6  sign and accept a civil citation indicating a promise to

  7  appear before the county court or comply with the requirement

  8  for paying the fine and must attend a school-approved

  9  anti-tobacco program, if locally available.

10         (4)  A person charged with a noncriminal violation

11  under this section must appear before the county court or

12  comply with the requirement for paying the fine. The court,

13  after a hearing, shall make a determination as to whether the

14  noncriminal violation was committed.  If the court finds the

15  violation was committed, it shall impose an appropriate

16  penalty as specified in subsection (1) or subsection (2).  A

17  person who participates in community service shall be

18  considered an employee of the state for the purpose of chapter

19  440, for the duration of such service.

20         (5)(a)  If a person under 18 years of age is found by

21  the court to have committed a noncriminal violation under this

22  section and that person has failed to complete community

23  service, pay the fine as required by paragraph (1)(a) or

24  paragraph (2)(a), or attend a school-approved anti-tobacco

25  program, if locally available, the court must direct the

26  Department of Highway Safety and Motor Vehicles to withhold

27  issuance of or suspend the driver's license or driving

28  privilege of that person for a period of 30 consecutive days.

29         (b)  If a person under 18 years of age is found by the

30  court to have committed a noncriminal violation under this

31  section and that person has failed to pay the applicable fine

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  as required by paragraph (1)(b) or paragraph (2)(b), the court

  2  must direct the Department of Highway Safety and Motor

  3  Vehicles to withhold issuance of or suspend the driver's

  4  license or driving privilege of that person for a period of 45

  5  consecutive days.

  6         (6)  Eighty percent of all civil penalties received by

  7  a county court pursuant to this section shall be transferred

  8  to the Department of Education to provide for teacher training

  9  and for research and evaluation to reduce and prevent the use

10  of tobacco products by children, pursuant to s. 233.067(4).

11  The remaining 20 percent of civil penalties received by a

12  county court pursuant to this section shall remain with the

13  clerk of the county court to cover administrative costs.

14         Section 5.  Section 569.12, Florida Statutes, is

15  amended to read:

16         569.12  Jurisdiction; tobacco product enforcement

17  officers or agents; enforcement.--

18         (1)  In addition to the Division of Alcoholic Beverages

19  and Tobacco of the Department of Business and Professional

20  Regulation, any law enforcement officer certified under s.

21  943.10(1), (6), or (8) shall enforce the provisions of this

22  chapter.

23         (2)(a)  A county or municipality may designate certain

24  of its employees or agents as tobacco product enforcement

25  officers. The training and qualifications of the employees or

26  agents for such designation shall be determined by the county

27  or the municipality.  Nothing in this section shall be

28  construed to permit the carrying of firearms or other weapons

29  by a tobacco product enforcement agent, nor does designation

30  as a tobacco product enforcement officer provide the employee

31  or agent with the power of arrest or subject the employee or

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  agent to the provisions of ss. 943.085-943.255. Nothing in

  2  this section amends, alters, or contravenes the provisions of

  3  any state-administered retirement system or any

  4  state-supported retirement system established by general law.

  5         (b)  A tobacco product enforcement officer is

  6  authorized to issue a citation to a person under the age of 18

  7  when, based upon personal investigation, the officer has

  8  reasonable cause to believe that the person has committed a

  9  civil infraction in violation of s. 386.212 or s. 569.11.

10         (3)  A correctional probation officer as defined in s.

11  943.10(3) is authorized to issue a citation to a person under

12  the age of 18 when, based upon personal investigation, the

13  officer has reasonable cause to believe that the person has

14  committed a civil infraction in violation of s. 386.212 or s.

15  569.11.

16         (4)  A citation issued to any person violating the

17  provisions of s. 386.212 or s. 569.11 shall be in a form

18  prescribed by the Division of Alcoholic Beverages and Tobacco

19  of the Department of Business and Professional Regulation and

20  shall contain:

21         (a)  The date and time of issuance.

22         (b)  The name and address of the person to whom the

23  citation is issued.

24         (c)  The date and time the civil infraction was

25  committed.

26         (d)  The facts constituting reasonable cause.

27         (e)  The number of the Florida statute violated.

28         (f)  The name and authority of the citing officer.

29         (g)  The procedure for the person to follow in order to

30  contest the citation, perform the required community service,

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    Florida Senate - 1998                                   SB 998
    27-1001-98                                              See HB




  1  attend the required anti-tobacco program, or to pay the civil

  2  penalty.

  3         Section 6.  Subsection (4) of section 569.19, Florida

  4  Statutes, is amended to read:

  5         569.19  Annual report.--The division shall report

  6  annually with written findings to the Legislature and the

  7  Governor by December 31, starting with the year 1997, on the

  8  progress of implementing the enforcement provisions of this

  9  chapter.  This must include, but is not limited to:

10         (4)  The number of persons under age 18 cited for

11  violations of s. 386.212 or s. 569.11 and sanctions imposed as

12  a result of citation.

13         Section 7.  This act shall take effect October 1 of the

14  year in which enacted.

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16            *****************************************

17                       LEGISLATIVE SUMMARY

18
      Revises provisions that prohibit persons under 18 from
19    smoking tobacco in or near a public or private
      elementary, middle, or secondary school during certain
20    hours, to remove the age limitation and time limitation
      on such prohibition. Provides that persons under 18 who
21    violate said prohibition shall be punished in the same
      manner as for violation of s. 569.11(1), F.S., which
22    prohibits possession of any tobacco product by a person
      under 18, and that persons 18 and older who violate said
23    prohibition shall be punished as provided in s. 386.208,
      F.S., which provides the penalty for smoking in public
24    places or meetings.

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