Florida Senate - 2019                                     SB 218
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00453-19                                            2019218__
    1                        A bill to be entitled                      
    2         An act relating to smoking; renaming part II of ch.
    3         386, F.S.; expanding its application to include
    4         outdoor areas; creating s. 386.2122, F.S.; prohibiting
    5         the smoking of tobacco on public beaches; providing
    6         civil penalties; authorizing a law enforcement officer
    7         to issue a citation as prescribed by a county or
    8         municipality to any person who smokes tobacco on a
    9         public beach; requiring a citation to include
   10         specified information; specifying that a person who
   11         fails to comply with the directions on the citation
   12         waives the right to contest the citation and
   13         authorizing the court to issue an order to show cause;
   14         providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Part II of chapter 386, Florida Statutes,
   19  entitled “INDOOR AIR: TOBACCO SMOKE,” is renamed “TOBACCO
   20  SMOKE.”
   21         Section 2. Section 386.2122, Florida Statutes, is created
   22  to read:
   23         386.2122 Smoking prohibited on public beaches; penalty.—
   24         (1) It is unlawful for any person to smoke tobacco on a
   25  public beach.
   26         (2) A person who violates subsection (1) commits a civil
   27  infraction punishable by a maximum penalty not to exceed $25 or
   28  10 hours of community service.
   29         (3) A law enforcement officer may issue a citation in such
   30  form as prescribed by a county or municipality to any person who
   31  violates subsection (1). Such citation must contain:
   32         (a) The date and time of issuance.
   33         (b) The name and address of the person cited.
   34         (c) The date and time the civil infraction was committed.
   35         (d) The statute violated.
   36         (e) The facts constituting the violation.
   37         (f) The name and authority of the law enforcement officer.
   38         (g) The procedure for the person to follow to pay the civil
   39  penalty, to contest the citation, or to appear in court.
   40         (h) The applicable civil penalty if the person elects not
   41  to contest the citation.
   42         (i) The applicable civil penalty if the person elects to
   43  contest the citation.
   44         (4) A person who fails to comply with the directions on the
   45  citation waives his or her right to contest the citation and an
   46  order to show cause may be issued by the court.
   47         Section 3. This act shall take effect July 1, 2019.