Florida Senate - 2019                                     SB 516
       By Senator Gruters
       23-00841-19                                            2019516__
    1                        A bill to be entitled                      
    2         An act relating to smoking in state parks; amending s.
    3         258.008, F.S.; clarifying that certain violations
    4         constitute a noncriminal infraction; creating s.
    5         258.009, F.S.; prohibiting a person from smoking in a
    6         state park; defining the terms “smoke” and “smoking”;
    7         republishing s. 258.007(2), F.S., relating to
    8         rulemaking authority of the Division of Recreation and
    9         Parks of the Department of Environmental Protection;
   10         republishing s. 258.601, F.S., relating to the
   11         enforcement of prohibited activities by the department
   12         and the Division of Law Enforcement of the Fish and
   13         Wildlife Conservation Commission; providing an
   14         effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (1) of section 258.008, Florida
   19  Statutes, is amended, and subsection (2) of that section is
   20  republished, to read:
   21         258.008 Prohibited activities; penalties.—
   22         (1) Except as provided in subsection (3), any person who
   23  violates or otherwise fails to comply with this chapter or the
   24  rules adopted under this chapter commits a noncriminal
   25  infraction for which ejection from all property managed by the
   26  Division of Recreation and Parks and a fine of up to $500 may be
   27  imposed by the division. Fines paid under this subsection shall
   28  be paid to the Fish and Wildlife Conservation Commission and
   29  deposited in the State Game Trust Fund as provided in ss.
   30  379.338, 379.339, and 379.3395.
   31         (2) In addition to penalties imposed under subsection (1),
   32  any person who fails to sign a citation given under subsection
   33  (1), fails to appear in court in response to such citation, or
   34  fails to comply with the court’s order commits a misdemeanor of
   35  the second degree, punishable as provided in s. 775.082 or s.
   36  775.083.
   37         Section 2. Section 258.009, Florida Statutes, is created to
   38  read:
   39         258.009 Smoking prohibited in state parks.—A person may not
   40  smoke within the boundaries of a state park. For purposes of
   41  this section, the terms “smoke” and “smoking” have the same
   42  meaning as is provided for the term “smoking” in s. 386.203(10).
   43         Section 3. Subsection (2) of section 258.007, Florida
   44  Statutes, is republished to read:
   45         258.007 Powers of division.—
   46         (2) The division has authority to adopt rules pursuant to
   47  ss. 120.536(1) and 120.54 to implement provisions of law
   48  conferring duties on it and authority to impose penalties as
   49  provided in s. 258.008 for the violation of any rule authorized
   50  by this section.
   51         Section 4. Section 258.601, Florida Statutes, is
   52  republished to read:
   53         258.601 Enforcement of prohibited activities.—Prohibited
   54  activities under this chapter shall be enforced by the
   55  Department of Environmental Protection and the Division of Law
   56  Enforcement of the Fish and Wildlife Conservation Commission and
   57  its officers.
   58         Section 5. This act shall take effect July 1, 2019.