House Bill 1153

    Florida House of Representatives - 2000                HB 1153

        By Representative Constantine






  1                      A bill to be entitled

  2         An act relating to the Florida Clean Indoor Air

  3         Act; amending s. 386.205, F.S.; reducing the

  4         maximum percentage of seats that may be located

  5         in an area designated as a smoking area in

  6         restaurants; amending s. 386.203, F.S.;

  7         revising the definition of "public place" to

  8         delete the size requirement for restaurants

  9         subject to the act, after a specified date;

10         providing effective dates.

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

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14         Section 1.  Subsection (4) of section 386.205, Florida

15  Statutes, is amended to read:

16         386.205  Designation of smoking areas.--

17         (4)(a)  No more than one-half of the total square

18  footage in any public place within a single enclosed indoor

19  area used for a common purpose shall be reserved and

20  designated as a smoking area.  This square footage limitation

21  does not apply to restaurants as defined in s. 386.203(1)(p).

22  However, such a restaurant must ensure that no more than 65

23  percent of the seats existing in its dining room at any time

24  are located in an area designated as a smoking area.

25         (b)  The square footage limitation set forth in

26  paragraph (a) shall not apply to any restaurant subject to

27  this part. With respect to such restaurants:

28         1.  No more than 50 percent of the seats existing in a

29  restaurant's dining room at any time shall be located in an

30  area designated as a smoking area.

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






    Florida House of Representatives - 2000                HB 1153

    502-198A-00






  1         2.  Effective October 1, 2001, no more than 35 percent

  2  of the seats existing in a restaurant's dining room at any

  3  time shall be located in an area designated as a smoking area.

  4         Section 2.  Effective October 1, 2001, paragraph (p) of

  5  subsection (1) of section 386.203, Florida Statutes, is

  6  amended to read:

  7         386.203  Definitions.--As used in this part:

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

  9  indoor areas used by the general public:

10         (p)  Restaurants which seat more than 50 persons;

11         Section 3.  Except as otherwise provided herein, this

12  act shall take effect October 1, 2000.

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15                          HOUSE SUMMARY

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      Revises application of the Florida Clean Indoor Air Act
17    to restaurants, to reduce the maximum percentage of seats
      to be designated as a smoking area in restaurants seating
18    over 50 persons from 65 percent to 50 percent, beginning
      October 1, 2000, and to 35 percent, applicable to all
19    restaurants, beginning October 1, 2001.

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