Florida Senate - 2014                                     SB 342
       By Senator Bradley
       7-00236-14                                             2014342__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Clean Indoor Air Act;
    3         amending s. 386.209, F.S.; authorizing a municipality
    4         or county to restrict smoking on certain properties;
    5         providing limitations on such restrictions;
    6         authorizing a law enforcement officer to issue a
    7         citation under certain circumstances; defining the
    8         term “playground”; providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 386.209, Florida Statutes, is amended to
   13  read:
   14         386.209 Regulation of smoking preempted to state.—This part
   15  expressly preempts regulation of smoking to the state and
   16  supersedes any municipal or county ordinance on the subject,
   17  except that:; however,
   18         (1)A school district districts may further restrict
   19  smoking by persons on school district property.
   20         (2) A municipality or county may further restrict smoking
   21  in playground areas that are owned by the municipality or county
   22  if the area where smoking is restricted is clearly delineated by
   23  “No Smoking” signs. A law enforcement officer, before issuing a
   24  citation for a violation, must first direct the person smoking
   25  to stop smoking and advise him or her of the penalties for a
   26  violation. If the person smoking does not heed the directive,
   27  the officer must ask the person to leave the premises. If the
   28  person refuses to leave the premises, in addition to any other
   29  penalty, a civil citation may be issued, punishable as provided
   30  in s. 386.208. As used in this section, “playground” means a
   31  municipally owned or county-owned property that is a designated,
   32  independent area in a community or neighborhood which is
   33  designed solely for children and has one or more playground
   34  structures.
   35         Section 2. This act shall take effect July 1, 2014.