FL H1141

Prohibits any person from driving or controlling a motor vehicle while someone in the vehicle is smoking if a minor under 16 years of age is present, whether the vehicle is in operation or parked.

Violations result in an enhanced penalty of an additional $100 on top of any other noncriminal moving or nonmoving traffic violation penalties, unless the officer issues a warning instead.

Reorganizes section 316.6135 to add smoking provisions while maintaining existing penalties for leaving children unattended in vehicles (second-degree misdemeanor for exceeding 15 minutes; noncriminal infraction for immediate danger situations).

Enforcement of the smoking prohibition must only occur as a secondary action when a driver has been detained for another violation under Florida chapters 316, 320, or 322; officers may alternatively distribute educational materials about smoking dangers or cessation programs.

Enhanced penalties do not apply to violations committed before January 1, 2011, and the act takes effect October 1, 2010.