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A bill to be entitled

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An act relating to smoking in a motor vehicle occupied by

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a child; creating s. 316.6137, F.S.; providing legislative

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intent; providing definitions; providing that it is

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unlawful for any person to operate or occupy a motor

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vehicle while smoking when a child under 18 years of age

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is occupying the motor vehicle; providing a penalty;

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requiring the Division of Motor Vehicles of the Department

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of Highway Safety and Motor Vehicles to provide notice of

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the provisions of the act; providing an effective date.

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

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     Section 1.  Section 316.6137, Florida Statutes, is created

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to read:

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     316.6137 Smoking in motor vehicle prohibited when child

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occupying vehicle.--

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     (1) LEGISLATIVE INTENT.--It is the intent of the

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Legislature that every person operating or occupying a motor

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vehicle on the roadways, streets, or highways of this state when

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a child under 18 years of age is occupying the motor vehicle must

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provide for the protection of the child's health by refraining

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from smoking and consequently exposing the child to secondhand

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smoke and the adverse health effects that are the result of such

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exposure.

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     (2) DEFINITIONS.--As used in this section, the term:

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     (a) "Motor vehicle" means a motor vehicle as defined in s.

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316.003 that is operated on the roadways, streets, and highways

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of the state. The term does not include:

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     1. A bus used for the transportation of persons for

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compensation, other than a bus regularly used to transport

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children to or from school, as defined in s. 316.615(1)(b), or in

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conjunction with school activities.

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     2. A farm tractor or implement of husbandry.

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     3. A motorcycle, moped, or bicycle.

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     (b) "Secondhand smoke," also known as environmental tobacco

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smoke (ETS), means smoke emitted from lighted, smoldering, or

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burning tobacco when the smoker is not inhaling; smoke emitted at

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the mouthpiece during puff drawing; and smoke exhaled by the

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smoker.

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     (c) "Smoking" means inhaling, exhaling, burning, carrying,

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or possessing any lighted tobacco product, including cigarettes,

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cigars, pipe tobacco, and any other lighted tobacco product.

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     (3) SMOKING IN MOTOR VEHICLE PROHIBITED WHEN CHILD

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OCCUPYING VEHICLE.--

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     (a) It is unlawful for any person to operate or occupy a

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motor vehicle on the roadways, streets, or highways of this state

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while smoking, as defined in paragraph (2)(c), when a child under

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18 years of age is occupying the motor vehicle.

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     (b) Any person who violates the provisions of paragraph (a)

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commits a moving violation, punishable as provided in chapter 318

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and shall have 3 points assessed against his or her driver's

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license as set forth in s. 322.27. In lieu of the penalty

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specified in s. 318.18 and the assessment of points, a person who

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violates the provisions of paragraph (a) may, with the court's

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approval, elect to participate in a public awareness program,

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approved by the chief judge of the circuit in which the violation

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occurs and the department, on the dangers of smoking and the

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adverse health effects of exposure to secondhand smoke. Upon

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completing such program, the penalty specified in chapter 318 and

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associated costs may be waived at the court's discretion and the

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assessment of points shall be waived.

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     (c) The Division of Motor Vehicles shall provide notice of

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the provisions of this section, which notice shall accompany the

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delivery of each motor vehicle license tag.

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     Section 2.  This act shall take effect October 1, 2008.