Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for SB 1536
                        Barcode 800854
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: WD/2R            .                    
       05/03/2006 05:12 PM         .                    
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11  Senator Haridopolos moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 29, through
15            page 2, line 30, delete those lines
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17  and insert:  
18         Section 1.  Subsection (5) of section 386.203, Florida
19  Statutes, is amended, present subsections (7), (8), (9), (10),
20  (12), and (13) are redesignated as subsections (8), (9), (10),
21  (11), (13), and (14), respectively, present subsection (11) of
22  that section is redesignated as subsection (12) and amended,
23  and a new subsection (7) is added to that section, to read:
24         386.203  Definitions.--As used in this part:
25         (5)  "Enclosed indoor workplace" means any place where
26  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.
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    8:20 PM   05/02/06                             s1536c1c-26-e0c

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1536 Barcode 800854 1 (a) A place is "predominantly" bounded by physical 2 barriers during any time when both of the following conditions 3 exist: 4 1.(a) It is more than 50 percent covered from above by 5 a physical barrier that excludes rain, and 6 2.(b) More than 50 percent of the combined surface 7 area of its sides is covered by closed physical barriers. In 8 calculating the percentage of side surface area covered by 9 closed physical barriers, all solid surfaces that block air 10 flow, except railings, must be considered as closed physical 11 barriers. This section applies to all such enclosed indoor 12 workplaces and enclosed parts thereof without regard to 13 whether work is occurring at any given time. 14 (b)(c) The term does not include any facility owned or 15 leased by and used exclusively for noncommercial activities 16 performed by the members and guests of a membership 17 association, including social gatherings, meetings, dining, 18 and dances, if no person or persons are engaged in work as 19 defined in subsection (13) (12). 20 (7) "Person" has the same meaning as in s. 1.01(3). 21 (12)(11) "Stand-alone bar" means any licensed premises 22 devoted during any time of operation predominantly or totally 23 to serving alcoholic beverages, intoxicating beverages, or 24 intoxicating liquors, or any combination thereof, for 25 consumption on the licensed premises; in which the serving of 26 food, if any, is merely incidental to the consumption of any 27 such beverage; and the licensed premises is not located 28 within, and does not share any common entryway or common 29 indoor area with, any other enclosed indoor workplace, 30 including any business for which the sale of food or any other 31 product or service is more than an incidental source of gross 2 8:20 PM 05/02/06 s1536c1c-26-e0c
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for SB 1536 Barcode 800854 1 revenue. A place of business constitutes a stand-alone bar in 2 which the service of food is merely incidental in accordance 3 with this subsection if the licensed premises derives no more 4 than 10 percent of its gross revenue from the sale of food 5 consumed on the licensed premises. However, a place of 6 business remains a stand-alone bar in which the service of 7 food is merely incidental if the licensed premises derives no 8 more than 20 percent of its gross revenues from the sale of 9 food consumed on the licensed premises, the premises is 10 licensed as a vendor as of July 1, 2005, and the licensed 11 premises is located in a building that is individually listed 12 in the National Register of Historic Places as defined in s. 13 267.021. An application to individually list the building in 14 the National Register of Historic Places must have been 15 submitted to the Department of State before October 1, 2006. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 On page 1, lines 3 and 4, delete those lines 21 22 and insert: 23 amending s. 386.203, F.S.; defining the term 24 "purpose" and redefining the term "stand-alone 25 bar" for purposes of the Florida Clean 26 27 28 29 30 31 3 8:20 PM 05/02/06 s1536c1c-26-e0c