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 | Sort by: Relevance | Newest First

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Carver Middle Sch. Gay-Straight All. v. Sch. Bd., 2 F. Supp. 3d 1277 (M.D. Fla. 2014).

Cited 1 times | Published | District Court, M.D. Florida | 2014 U.S. Dist. LEXIS 28907, 2014 WL 897072

...7), without contradiction, that there are fifty to sixty references in the remaining Florida statutes mentioning secondary schools in a variety of contexts supplying inconsistent inferences concerning the precise meaning of the term. The Plaintiffs confirm this point by calling attention for example to Fla. Stat. § 386.212 prohibiting smoking during certain hours within 1,000 feet of an “elementary, middle, or secondary school.” (Doc....

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Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

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

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Ago (Fla. Att'y Gen. 1997).

Published | Florida Attorney General Reports

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

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Ago (Fla. Att'y Gen. 2010).

Published | Florida Attorney General Reports

...s provided in this section." 2 See Finn v. Finn , 312 So. 2d 726 (Fla. 1975); Parker v. State , 406 So. 2d 1089 (Fla. 1981) (one indicator of Legislature's intent is the title of the law enacting the statute); and Op. Att'y Gen. Fla. 99-67 (1999). 3 Section 386.212 (1), Fla....

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Carver Middle Sch. Gay-Straight All. v. Sch. Bd., 124 F. Supp. 3d 1254 (M.D. Fla. 2015).

Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 109489, 2015 WL 4999162

...hool” or “secondary education;” but there are numerous references in the statutes mentioning secondary schools in a variety of contexts supplying inconsistent inferences concerning the precise meaning of the term. For *1268 example, Fla. Stat. § 386.212 (1) prohibits smoking during certain hours within 1,000 feet of an “elementary, middle, or secondary school.” On the other hand, the Florida Partnership for Minority and Underrepresented Student Achievement Act states in Fla....

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