Title: Smoking

Summary: Prohibiting the smoking of tobacco on public beaches; providing civil penalties; authorizing a law enforcement officer to issue a citation as prescribed by a county or municipality to any person who smokes tobacco on a public beach, etc.

Full Text:
An act relating to smoking; renaming part II of ch. 386, F.S.; expanding its application to include outdoor areas; creating s. 386.2122, F.S.; prohibiting the smoking of tobacco on public beaches; providing civil penalties; authorizing a law enforcement officer to issue a citation as prescribed by a county or municipality to any person who smokes tobacco on a public beach; requiring a citation to include specified information; specifying that a person who fails to comply with the directions on the citation waives the right to contest the citation and authorizing the court to issue an order to show cause; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Part II of chapter 386, Florida Statutes, entitled  INDOOR AIR: TOBACCO SMOKE,  is renamed  TOBACCO SMOKE.  Section 2. Section 386.2122, Florida Statutes, is created to read: 8 6.2122   Smoking prohibited on public beaches; penalty.  (1) It is unlawful for any person to smoke tobacco on a public beach. (2) A person who violates subsection (1) commits a civil infraction punishable by a maximum penalty not to exceed $25 or 0 hours of community service. ( ) A law enforcement officer may issue a citation in such form as prescribed by a county or municipality to any person who violates subsection (1).Such citation must contain: (a) The date and time of issuance. (b) The name and address of the person cited. (c) The date and time the civil infraction was committed. (d) The statute violated. (e) The facts constituting the violation. (f) The name and authority of the law enforcement officer. (g) The procedure for the person to follow to pay the civil penalty, to contest the citation, or to appear in court. (h) T he applicable civil penalty if the person elects not to contest the citation. (i) The applicable civil penalty if the person elects to contest the citation. (4) A person who fails to comply with the directions on the citation waive shis or her right to contest the citation a nd an order to show cause may be issued by the court.Section 3. This act shall take effect July 1, 2019.