Senate Bill 1302

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



    Florida Senate - 2000                                  SB 1302

    By Senator Webster





    12-878A-00                                              See HB

  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         percentage of seats required to be in an area

  5         designated as a smoking area in restaurants;

  6         amending s. 386.203, F.S., relating to the

  7         definition of the term "public place" to remove

  8         the size limitation; providing effective dates.

  9

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

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

13  Statutes, is amended to read:

14         386.205  Designation of smoking areas.--

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

16  footage in any public place, except for any restaurant, within

17  a single enclosed indoor area used for a common purpose shall

18  be reserved and designated as a smoking area.

19         (b)  The square-footage limitation prescribed in

20  paragraph (a) does not apply to any restaurant subject to this

21  part. With respect to such restaurants:

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

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

24  area designated as a smoking area.

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

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

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

28  This square footage limitation does not apply to restaurants

29  as defined in s. 386.203(1)(p). However, such a restaurant

30  must ensure that no more than 65 percent of the seats existing

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






    Florida Senate - 2000                                  SB 1302
    12-878A-00                                              See HB




  1  in its dining room at any time are located in an area

  2  designated as a smoking area.

  3         Section 2.  Effective October 1, 2001, subsection (1)

  4  of section 386.203, Florida Statutes, is amended to read:

  5         386.203  Definitions.--As used in this part:

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

  7  indoor areas used by the general public:

  8         (a)  Government buildings;

  9         (b)  Public means of mass transportation and their

10  associated terminals not subject to federal smoking

11  regulation;

12         (c)  Elevators;

13         (d)  Hospitals;

14         (e)  Nursing homes;

15         (f)  Educational facilities;

16         (g)  Public school buses;

17         (h)  Libraries;

18         (i)  Courtrooms;

19         (j)  Jury waiting and deliberation rooms;

20         (k)  Museums;

21         (l)  Theaters;

22         (m)  Auditoriums;

23         (n)  Arenas;

24         (o)  Recreational facilities;

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

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

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

28  products;

29         (r)  Grocery stores;

30         (s)  Places of employment;

31         (t)  Health care facilities;

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






    Florida Senate - 2000                                  SB 1302
    12-878A-00                                              See HB




  1         (u)  Day care centers; and

  2         (v)  Common areas of retirement homes and condominiums.

  3         Section 3.  Except as otherwise provided in this act,

  4  this act shall take effect October 1, 2000.

  5

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  7                       LEGISLATIVE SUMMARY

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      Reduces the amount of seating for smoking areas in all
  9    restaurants in the state. (See bill for details.)

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