Florida Statute 386.212 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT

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386.212 Smoking and vaping prohibited near school property; penalty.—

(1) It is unlawful for any person under 21 years of age to smoke tobacco or vape in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This section does not apply to any person occupying a moving vehicle or within a private residence.

(2) A law enforcement officer may issue a citation in such form as prescribed by a county or municipality to any person violating this section. Any such citation must contain:

(a) The date and time of issuance.

(b) The name and address of the person cited.

(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) The 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.

(3) Any person issued a citation pursuant to this section shall be deemed to be charged with a civil infraction punishable by a maximum civil penalty not to exceed $25, or 50 hours of community service or, where available, successful completion of a school-approved anti-tobacco or anti-vaping “alternative to suspension” program.

(4) Any person who fails to comply with the directions on the citation shall be deemed to waive his or her right to contest the citation and an order to show cause may be issued by the court.

History.—s. 1, ch. 96-217; s. 12, ch. 2003-398; s. 12, ch. 2019-14; s. 3, ch. 2021-14.

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Amendments to 386.212

Annotations, Discussions, Cases:

Cases Citing Statute 386.212

Total Results: 5

Carver Middle School Gay-Straight Alliance v. School Board

2 F. Supp. 3d 1277, 2014 U.S. Dist. LEXIS 28907, 2014 WL 897072

District Court, M.D. Florida | Filed: Mar 6, 2014 | Docket: 64293503

Cited 1 times | Published

by calling attention for example to Fla. Stat. § 386.212 prohibiting smoking during certain hours within

Carver Middle School Gay-Straight Alliance v. School Board

124 F. Supp. 3d 1254, 2015 U.S. Dist. LEXIS 109489, 2015 WL 4999162

District Court, M.D. Florida | Filed: Aug 19, 2015 | Docket: 64303700

Published

meaning of the term. For *1268example, Fla. Stat. § 386.212(1) prohibits smoking during certain hours within

Ago

Florida Attorney General Reports | Filed: Dec 29, 2010 | Docket: 3257042

Published

statute); and Op. Att'y Gen. Fla. 99-67 (1999). 3 Section 386.212(1), Fla. Stat. Examples of where state agencies

Ago

Florida Attorney General Reports | Filed: Nov 21, 2005 | Docket: 3255273

Published

statute); and Op. Att'y Gen. Fla. 99-67 (1999). 3 Section 386.212(1), Fla. Stat. Examples of where state agencies

Ago

Florida Attorney General Reports | Filed: May 30, 1997 | Docket: 3257013

Published

a municipal ordinance in order to enforce section 386.212, Florida Statutes (1996 Supplement), making

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.