Florida - Tobacco-Free Environments: Policy or Plan Requirements

Area: 
Policy Or Plan Requirements
Policy Type: 
Statute
Summary: 

State law prohibits any smoking or use of tobacco products on school grounds when students are present and/or requires districts to adopt tobacco-free school policies that address some CDC components.

Florida Statutes 386.212 Smoking prohibited near school property; penalty.

(1) It is unlawful for any person under 18 years of age to smoke tobacco 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 the provisions of 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 “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.


Florida Statutes 381.84 Comprehensive Statewide Tobacco Education and Use Prevention Program.

(1) Definitions. — As used in this section and for purposes of the provisions of s. 27, Art. X of the State Constitution, the term:

  • (a)  “AHEC network” means an area health education center network established under s. 381.0402.
  • (b)  “CDC” means the United States Centers for Disease Control and Prevention.
  • (c)  “Council” means the Tobacco Education and Use Prevention Advisory Council.
  • (d)  “Department” means the Department of Health.
  • (e)  “Tobacco” means, without limitation, tobacco itself and tobacco products that include tobacco and are intended or expected for human use or consumption, including, but not limited to, cigarettes, cigars, pipe tobacco, and smokeless tobacco.
  • (f)  “Youth” means minors and young adults.
    (2) Purpose, findings, and intent. — It is the purpose of this section to implement s. 27, Art. X of the State Constitution. The Legislature finds that s. 27, Art. X of the State Constitution requires the funding of a statewide tobacco education and use prevention program that focuses on tobacco use by youth. The Legislature further finds that the primary goals of the program are to reduce the prevalence of tobacco use among youth, adults, and pregnant women; reduce per capita tobacco consumption; and reduce exposure to environmental tobacco smoke. Further, it is the intent of the Legislature to base increases in funding for individual components of the program on the results of assessments and evaluations. Recognizing that some components will need to grow faster than inflation, it is the intent of the Legislature to fund portions of the program on a nonrecurring basis in the early years so that those components that are most effective can be supported as the program matures.
    (3) Program components and requirements. — The department shall conduct a comprehensive, statewide tobacco education and use prevention program consistent with the recommendations for effective program components contained in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the CDC, as amended by the CDC. The program shall include the following components, each of which shall focus on educating people, particularly youth and their parents, about the health hazards of tobacco and discouraging the use of tobacco...

Florida Statutes 1003.453 School wellness and physical education policies; nutrition guidelines.

(1) Each school district shall electronically submit its local school wellness policy to the Department of Agriculture and Consumer Services and its physical education policy required under s. 1003.455 to the Department of Education. Each school district shall annually review its local school wellness policy and physical education policy and provide a procedure for public input and revisions. In addition, each school district shall provide its revised local school wellness policy and revised physical education policy to the applicable department when a change or revision is made.

(2) The department must provide on its website links to resources that include information regarding:

  • (a) Classroom instruction on the benefits of exercise and healthful eating.
  • (b) Classroom instruction on the health hazards of using tobacco and being exposed to tobacco smoke.
  • (c) The eight components of a coordinated school health program, including health education, physical education, health services, and nutrition services.
  • (d) The core measures for school health and wellness, such as the School Health Index.
  • (e) Access for each student to the nutritional content of foods and beverages and to healthful food choices in accordance with the dietary guidelines of the United States Department of Agriculture. This information shall also be accessible from the website of the Department of Agriculture and Consumer Services.
  • (f) Multiple examples of school wellness policies for school districts.
  • (g) Examples of wellness classes that provide nutrition education for teachers and school support staff, including encouragement to provide classes that are taught by a licensed nutrition professional from the school nutrition department.

(3) School districts are encouraged to provide basic training in first aid, including cardiopulmonary resuscitation, for all students, beginning in grade 6 and every 2 years thereafter. Private and public partnerships for providing training or necessary funding are encouraged.

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