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ORANGE COUNTY SHERIFF'S OFFICE TRAINING BULLETIN Effective Date: March 31, 2021  Amends - GO 6.2.23 ( June 2, 2018 ) Number: 21-02 Distribution: All Personnel Review Month: March Reviewing Authority: UPD / Division Commander Subject: Juvenile Tobacco Infractions This order consists of the following: 1. Purpose 2. Definitions 3. Procedures 1. Purpose The purpose of this training bulletin is to give guidelines on enforcement mechanism for juveniles in possession of tobacco and/or those who attempt to purchase or possess tobacco by misrepresenting their age or military service. 2. Definition A. Juvenile - any person under the age of 18, but does not include any perso n under 18 who: 1. has had his/her disability of nonage removed under FS Chapter 743; 2. is in the military reserve or on active duty in the Armed Forces of the United States; 3. is otherwise emancipated by a court of competent jurisdiction and released from parental care and responsibility; 4. is acting in his/her scope of lawful employment wi th an entity licensed under the provisions of FS Chapter 210 or FS Chapter 569; or 5. is working in conjunction with a law enforcement agency to test the compl iance of dealers under Chapter 569 . B. Tobacco products - includes loose toba cco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing or chewing. 3. Procedures A. A Notice to Appear (NTA) / Juvenile Civil Infraction form (FS 569.11 ) will be issued under the following circumstances: 1. When a juvenile is found to be in possession of any type of tobacco prod uct. 2. When a juvenile misrepresents his/her age or military service for the purpose of inducing a dealer, agent or employee to sell, give, barter, furnish, or deliver any tobacco product or to purchase any tobacco product from a person or a vending machine . B. Juvenile Tobacco Infractions will be completed in accordance with GO 7.1.4 utilizing the Notice to Appear (NTA) / Juvenile Civil Infraction form. 21-02, Page 2 of 2 1. Juveniles shall sign the form, as it i s not an admission of guilt or a waiver of rights. As Tobacco Infractions are a civil infraction, the refusal to sign the form or provide information cannot be construed as grounds for criminal charges to include, resisting without violence. If the juven ile refused to sign the form, deputies shall issue the form and note the refusal accordingly. 2. The juvenile shall receive the defendant’s copy of the form. The other copies will be disseminated as indicated on the NTA form. 3. Deputies shall explain to each person they cite that failure to comply with the form could result in suspension of the violator’s driver’s license or withholding the issuance of his/her driver’s license. 4. Deputies shall explain community service may be completed at any non - profit organization. If the designated hours are completed by the listed court date, the violator should submit the hours to the Clerk of the Court on the organization’s letterhead, prior to the court date. If the hours are not compl eted prior to the listed court date, the violator must appear at the hearing. 5. NTA forms will be turned in at the end of each shift. C. A Property Form should accompany the Notice to Appear (NTA) /Juvenile Civil Infraction form , as the tobacco product should be confiscated and placed into Evidence in accordance with GO 10.1.1 . No other report forms are requ ired. D. Clerks, store owners or others who sell, barter, furnish, deliver or give any tobacco product to a minor shall be written an NTA under the provisions of FS 569.101 .