Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1308
Barcode 652286
CHAMBER ACTION
Senate House
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11 The Committee on Criminal Justice (Crist) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 2, line 16, through page 4, line 17, delete
16 those lines
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18 and insert:
19 Section 1. Subsection (5) of section 386.203, Florida
20 Statutes, is amended, present subsections (6) through (13) of
21 that section are redesignated as subsections (7) through (14),
22 respectively, and new subsections (6) and (15) are added to
23 that section to read:
24 386.203 Definitions.--As used in this part:
25 (5)(a) "Enclosed indoor workplace" means any place
26 where one or more persons engages in work, and which place is
27 predominantly or totally bounded on all sides and above by
28 physical barriers, regardless of whether such barriers consist
29 of or include, without limitation, uncovered openings;
30 screened or otherwise partially covered openings; or open or
31 closed windows, jalousies, doors, or the like. A place is
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3:05 PM 04/05/05 s1308.cj12.00a
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1308
Barcode 652286
1 "predominantly" bounded by physical barriers during any time
2 when both of the following conditions exist:
3 1.(a) It is more than 50 percent covered from above by
4 a physical barrier that excludes rain;, and
5 2.(b) More than 50 percent of the combined surface
6 area of its sides is covered by closed physical barriers. In
7 calculating the percentage of side surface area covered by
8 closed physical barriers, all solid surfaces that block air
9 flow, except railings, must be considered as closed physical
10 barriers. This section applies to all such enclosed indoor
11 workplaces and enclosed parts thereof without regard to
12 whether work is occurring at any given time.
13 (b)(c) The term does not include any facility owned or
14 leased by and used exclusively for noncommercial activities
15 performed by the members and guests of a membership
16 association, including social gatherings, meetings, dining,
17 and dances, if no person or persons are engaged in work as
18 defined in subsection (13) (12).
19 (6) "Person" has the same meaning as in s. 1.01(3).
20 (15) "Proprietor or other person in charge of an
21 enclosed indoor workplace" means:
22 (a) When the enclosed indoor workplace is rented to a
23 tenant, the tenant or the tenant's employees or agents,
24 without limiting the ultimate responsibility of the tenant to
25 implement the policy regarding smoking prohibition, or
26 (b) When the enclosed indoor workplace is not rented
27 to a tenant, the owner of the enclosed indoor workplace or
28 that owner's employees or agents, without limiting the
29 ultimate responsibility of the owner of the enclosed indoor
30 workplace to implement the policy regarding smoking
31 prohibition in all enclosed indoor workplaces where (a) does
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3:05 PM 04/05/05 s1308.cj12.00a
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for SB 1308
Barcode 652286
1 not apply.
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4 ================ T I T L E A M E N D M E N T ===============
5 And the title is amended as follows:
6 On page 1, line 4, delete that line
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8 and insert:
9 terms "person" and "proprietor or other person
10 in charge of an enclosed indoor workplace" for
11 purposes of the act; amending
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