Title: Smoking, Vaping, and Nicotine Products

Summary: Specifies penalties for subsequent violations against certain persons who smoke or vape near school property; specifies penalties for subsequent violations against certain persons who possess nicotine products.

Full Text:
An act relating to smoking, vaping, and nicotine products; amending s. 386.212, F.S.; providing penalties for subsequent violations for smoking or vaping near school property; amending s. 569.42, F.S.; providing penalties for subsequent violations against certain persons who possess any nicotine product; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 386.212, Florida Statutes, is amended to read: 386.212 Smoking and vaping prohibited near school property; penalty.-(3)(a) Any person issued a citation pursuant to this section shall be deemed to be charged with a civil infrac tion punishable by a maximum civil penalty not to exceed $25, or 18 hours of community service and if locally or, where available, successful completion of a school-approved anti-tobacco, anti-nicotine, or anti-vaping "alternative to suspension" program. (b) Any person issued a citation for a second or subsequent violation of this section shall be deemed to be charged with a civil infraction punishable by a maximum civil penalty not to exceed $50 or hours of community service and HB 1095 2024 must be evaluated for completion of a nicotine and tobacco cessation program, if locally available. Section 2. Subsections (1), (2), and (3) of section 569.42, Florida Statutes, are amended to read: 569.42 Possession, misrepresenting age or military service to purchase, and purchase of nicotine products by persons under years of age prohibited; penalties; jurisdiction; disposition of fines.-(1) It is unlawful for any person under years of age to knowingly possess any nicotine product. Any person under 35 years of age who violates this subsection commits a civil infraction noncriminal violation as provided in s. 775.08(3), punishable by: (a) For a first violation, hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco, and anti-nicotine,or anti-vaping program, if locally available; or (b) For a second or subsequent violation within weeks after the first violation,a $25 fine. In addition, the person must be evaluated for participation in and completion of nicotine and tobacco cessation program, if locally available. Any second or subsequent violation not within the-week period after the first violation is punishable as provided for a first violation. HB 1095 2024 (2) It is unlawf ul for any person under years of age to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any nicotine product, or to purchase, or attemp tto purchase, any nicotine product from a person or a vending machine. Any person under years of age who violates this subsection commits a civil infraction noncriminal violation as defined in s. 775.08(3),punishable by: (a) For a first violation, hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco, and anti-nicotine,or anti-vaping program, if locally available; or (b) For a second or subsequent violati on within weeks after the first violation,a $25 fine. In addition, the person must be evaluated for completion of nicotine and tobacco cessation classes, if locally available. Any second or subsequent violation not within the-week period after the first violation is punishable as provided for a first violation. (3) Any person under years of age cited for committing a civil infraction noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco, HB 1095 2024 and anti-nicotine,or anti-vaping program, if locally available for a first violation, or be evaluated for participation in and completion of nicotine and tobacco cessation classes, if locally available, for a second violation.If a fine is assessed for a violation of this section, the fine must be paid within days after the date of the citation or, if a court appearance is mandatory, within days after the date of the hearing. Section 3. This act shall take effect July 1, 2024.