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.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
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.