Senate Bill 0734

CODING: Words stricken are deletions; words underlined are additions.


    Florida Senate - 1999                                   SB 734

    By Senator Brown-Waite





    10-513-99

  1                      A bill to be entitled

  2         An act relating to state correctional

  3         facilities; creating s. 386.213, F.S.;

  4         providing legislative intent; requiring the

  5         Department of Corrections and private vendors

  6         operating state correctional facilities to make

  7         smoking-cessation assistance available to

  8         inmates; requiring full implementation of the

  9         act by a specified date; providing definitions;

10         prohibiting an inmate within a state

11         correctional facility from using tobacco

12         products in prohibited areas; prohibiting

13         employees or visitors from using tobacco

14         products in prohibited areas; providing

15         penalties; authorizing the department to adopt

16         rules; amending s. 386.203 (1), F.S.; adding

17         state correctional facilities to the definition

18         of public place; providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  386.213, Florida Statutes, is created to

23  read:

24         386.213 Smoking prohibited inside state correctional

25  facilities.--

26         (1)  The purpose of this section is to protect the

27  health, comfort, and environment of employees of the

28  Department of Corrections, employees of privately operated

29  correctional facilities, employees of the Correctional

30  Privatization Commission, and inmates by prohibiting inmates

31  from using tobacco products inside any office or building

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    Florida Senate - 1999                                   SB 734
    10-513-99




  1  within state correctional facilities, and by ensuring that

  2  employees and visitors do not use tobacco products inside any

  3  office or building within state correctional facilities.

  4  Scientific evidence links the use of tobacco products with

  5  numerous significant health risks. The use of tobacco products

  6  by inmates, employees, or visitors is contrary to efforts by

  7  the Department of Corrections to reduce the cost of inmate

  8  health care and to limit unnecessary litigation. The

  9  Department of Corrections and the private vendors operating

10  correctional facilities shall make smoking-cessation

11  assistance available to inmates in order to implement this

12  section. The Department of Corrections and the private vendors

13  operating correctional facilities shall implement this section

14  as soon as possible, and all provisions of this section must

15  be fully implemented by January 1, 2000.

16         (2)  As used in this section, the term:

17         (a)  "Department" means the Department of Corrections.

18         (b)  "Employee" means an employee of the department or

19  a private vendor in a contractual relationship with either the

20  Department of Corrections or the Correctional Privatization

21  Commission, and includes persons such as contractors,

22  volunteers, or law enforcement officers who are within a state

23  correctional facility to perform a professional service.

24         (c)  "State correctional facility" means a state or

25  privately operated correctional institution as defined in s.

26  944.02, or a correctional institution or facility operated

27  under s. 944.105 or chapter 957.

28         (d)  "Tobacco products" means items such as cigars,

29  cigarettes, snuff, loose tobacco, or similar goods made with

30  any part of the tobacco plant, which are prepared or used for

31  smoking, chewing, dipping, sniffing, or other personal use.

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    Florida Senate - 1999                                   SB 734
    10-513-99




  1         (e)  "Visitor" means any person other than an inmate or

  2  employee who is within a state correctional facility for a

  3  lawful purpose and includes, but is not limited to, persons

  4  who are authorized to visit state correctional institutions

  5  pursuant to s. 944.23 and persons authorized to visit as

  6  prescribed by departmental rule or vendor policy.

  7         (f)  "Prohibited areas" means any indoor areas of any

  8  building, portable, or other enclosed structure within a state

  9  correctional facility.

10         (3)(a)  An inmate within a state correctional facility

11  may not use tobacco products in prohibited areas at any time

12  while in the custody of the department or under the

13  supervision of a private vendor operating a correctional

14  facility.

15         (b)1.  An employee or visitor may not use any tobacco

16  products in prohibited areas.

17         2.  The superintendent, warden, or supervisor of a

18  state correctional facility shall take reasonable steps to

19  ensure that the tobacco prohibition for employees and visitors

20  is strictly enforced.

21         (4)  An inmate who violates this section commits a

22  disciplinary infraction and is subject to punishment

23  determined to be appropriate by the disciplinary authority in

24  the state correctional facility, including, but not limited

25  to, forfeiture of gain-time or the right to earn gain-time in

26  the future under s. 944.28.

27         (5)  The department may adopt rules and the private

28  vendors operating correctional facilities may adopt policies

29  and procedures for the designation of prohibited areas and

30  smoking areas and for the imposition of penalties under this

31  section. Neither employee housing on the grounds of a state

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    Florida Senate - 1999                                   SB 734
    10-513-99




  1  correctional facility nor maximum security inmate housing

  2  areas may be designated as prohibited areas under this

  3  section.

  4         Section 2.  Subsection (1) of section 386.203, Florida

  5  Statutes, is amended to read:

  6         386.203  Definitions.--As used in this part:

  7         (1)  "Public place" means the following enclosed,

  8  indoor areas used by the general public:

  9         (a)  Government buildings;

10         (b)  Public means of mass transportation and their

11  associated terminals not subject to federal smoking

12  regulation;

13         (c)  Elevators;

14         (d)  Hospitals;

15         (e)  Nursing homes;

16         (f)  Educational facilities;

17         (g)  Public school buses;

18         (h)  Libraries;

19         (i)  Courtrooms;

20         (j)  Jury waiting and deliberation rooms;

21         (k)  Museums;

22         (l)  Theaters;

23         (m)  Auditoriums;

24         (n)  Arenas;

25         (o)  Recreational facilities;

26         (p)  Restaurants that which seat more than 50 persons;

27         (q)  Retail stores, except a retail store the primary

28  business of which is the sale of tobacco or tobacco related

29  products;

30         (r)  Grocery stores;

31         (s)  Places of employment;

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    Florida Senate - 1999                                   SB 734
    10-513-99




  1         (t)  Health care facilities;

  2         (u)  Day care centers; and

  3         (v)  Common areas of retirement homes and

  4  condominiums.; and

  5         (w)  State correctional facilities.

  6         Section 3.  This act shall take effect upon becoming a

  7  law.

  8

  9            *****************************************

10                          SENATE SUMMARY

11    Prohibits inmates in state correctional facilities from
      using tobacco products in prohibited areas. Prohibits
12    employees of and visitors to such facilities from using
      tobacco products in prohibited areas. Provides penalties.
13    Requires the Department of Corrections and private
      vendors operating state correctional facilities to make
14    smoking-cessation assistance available to inmates.
      Requires full implementation of this act by a specified
15    date. Authorizes the department to adopt rules. Adds
      state correctional facilities to the definition of the
16    term "public place" which is found in the Florida Clean
      Indoor Air Act.
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