Florida Senate - 2011 SB 1212 By Senator Garcia 40-01341-11 20111212__ 1 A bill to be entitled 2 An act relating to motor vehicle operation; 3 prohibiting smoking in a motor vehicle in which 4 certain minors are passengers; providing for secondary 5 enforcement; providing penalties; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. (1) A person who smokes or possesses any lighted 11 tobacco product in a motor vehicle in which a minor who is 12 younger than 7 years of age or weighs less than 60 pounds is a 13 passenger commits a nonmoving violation, punishable as provided 14 in chapter 318, Florida Statutes. 15 (2) However, enforcement of this section must be 16 accomplished only as a secondary action when a driver has been 17 detained for a suspected violation of another offense. 18 Section 2. This act shall take effect July 1, 2011.