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Florida Statute 386.212 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
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F.S. 386.212 Case Law from Google Scholar Google Search for Amendments to 386.212

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 386
SANITARY NUISANCES; FLORIDA CLEAN AIR ACT
View Entire Chapter
F.S. 386.212
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.
(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) 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.

F.S. 386.212 on Google Scholar

F.S. 386.212 on Casetext

Amendments to 386.212


Arrestable Offenses / Crimes under Fla. Stat. 386.212
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 386.212.

Annotations, Discussions, Cases:

Cases Citing Statute 386.212

Total Results: 3

Ago

Court: Florida Attorney General Reports | Date Filed: 2010-12-29

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-11-21

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

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-05-30

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