SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
CHAMBER ACTION
Senate House
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11 Senators Diaz de la Portilla and Smith moved the following
12 amendment:
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14 Senate Amendment
15 On page 8, line 8, through page 13, line 30, delete
16 those lines
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18 and insert:
19 Section 4. Section 386.204, Florida Statutes, is
20 amended to read:
21 386.204 Prohibition.--
22 (1) ENCLOSED INDOOR WORKPLACES.--A person may not
23 smoke in an enclosed indoor workplace, except as otherwise
24 provided in s. 386.2045.
25 (2) PUBLIC PLACES.--A person may not smoke in a public
26 place or at a public meeting except as provided in this part
27 in designated smoking areas. These prohibitions do not apply
28 in cases in which an entire room or hall is used for a private
29 function and seating arrangements are under the control of the
30 sponsor of the function and not of the proprietor or person in
31 charge of the room or hall.
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 (3) OTHER PROHIBITED AREAS.--A person may not smoke
2 within 10 feet of the entryway to a building that contains an
3 enclosed indoor workplace or within 10 feet of intake
4 equipment for a heating, ventilating, or air conditioning
5 system (HVAC system) for a building that contains an enclosed
6 indoor workplace. An outdoor entryway to a public
7 transportation facility, including, but not limited to,
8 railroad stations, bus stations, ship ports, ferry terminals,
9 roadside welcome stations, highway service plazas, airports
10 served by regular passenger service, and highway rest stations
11 is exempt from the prohibition in this subsection.
12 Section 5. Section 386.2045, Florida Statutes, is
13 created to read:
14 386.2045 Enclosed indoor workplaces; specific
15 exceptions.--Notwithstanding s. 386.204(1), tobacco smoking
16 may be permitted in each of the following places:
17 (1) PRIVATE RESIDENCE.--A private residence whenever
18 it is not being used commercially to provide child care, adult
19 care, or health care, or any combination thereof.
20 (2) RETAIL TOBACCO SHOP.--Any enclosed indoor
21 workplace dedicated to or predominantly for the retail sale of
22 tobacco, tobacco products, and accessories for such products,
23 in which the sale of other products or services is merely
24 incidental. Any enclosed indoor workplace of a business that
25 manufactures, imports, or distributes tobacco products or of a
26 tobacco leaf dealer is a business dedicated to or
27 predominantly for the retail sale of tobacco and tobacco
28 products when, as a necessary and integral part of the process
29 of making, manufacturing, importing, or distributing a tobacco
30 product for the eventual retail sale of such tobacco or
31 tobacco product, tobacco is heated, burned, or smoked or a
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 lighted tobacco product is tested.
2 (3) DESIGNATED SMOKING GUEST ROOM.--A designated
3 smoking guest room at a public lodging establishment.
4 (4) STAND-ALONE BAR.--Any place of business that
5 during all times of operation is devoted predominantly or
6 totally to serving alcoholic beverages, intoxicating
7 beverages, or intoxicating liquors, or any combination
8 thereof, for consumption on the licensed premises; in which
9 the serving of food, if any, is merely incidental to the
10 consumption of any such beverage; and the licensed premises is
11 not located within, and does not share any common entryway or
12 common indoor area with, any other enclosed indoor workplace,
13 including any business for which the sale of food or any other
14 product or service is more than an incidental source of gross
15 revenue. A business must not derive more than 18 percent of
16 its gross revenue from the sale of food.
17 (5) SMOKING-CESSATION PROGRAM, MEDICAL RESEARCH, OR
18 SCIENTIFIC RESEARCH.--Any enclosed indoor workplace or public
19 place, to the extent that tobacco smoking is an integral part
20 of a smoking-cessation program, medical research, or
21 scientific research. Each room in which tobacco smoking is
22 permitted must comply with the signage requirements in s.
23 386.206.
24 (6) ENTERTAINMENT INDUSTRY.--Any enclosed indoor
25 workplace or public place, to the extent that tobacco smoking
26 is an part of a theatrical, commercial advertising, music
27 video, television, or motion picture performance. Each room
28 in which tobacco smoking is permitted as part of a performance
29 must comply with the signage requirements in s. 386.206.
30 Section 6. Section 386.205, Florida Statutes, is
31 amended to read:
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 386.205 Designation of smoking rooms areas.--
2 (1) A smoking room areas may be designated by the
3 person in charge of an airport in-transit lounge under the
4 authority and control of the Bureau of Customs and Border
5 Protection of the United States Department of Homeland
6 Security a public place. A smoking room may be designated in
7 an airport in-transit lounge under the authority and control
8 of the Bureau of Customs and Border Protection of the United
9 States Department of Homeland Security. A smoking room may not
10 be designated in an elevator, restroom, or any common area as
11 defined in s. 386.203. Each designated smoking room must
12 conform to the following requirements:
13 (a) Work, other than essential services defined in s.
14 386.203, must not be performed in the room at any given time.
15 (b) Tobacco smoking must not be permitted in the room
16 while any essential services are being performed in the room.
17 (c) Each smoking room must be enclosed by physical
18 barriers that are impenetrable by second-hand tobacco smoke
19 and prevent the escape of second-hand tobacco smoke into a
20 common area or an enclosed indoor workplace.
21 (d) Each designated smoking room must exhaust tobacco
22 smoke directly to the outside and away from air intake ducts,
23 and be maintained under negative pressure, with respect to
24 surrounding spaces, sufficient to contain tobacco smoke within
25 the designated room.
26 (e) Each smoking room must comply with the signage
27 requirements in s. 386.206. If a smoking area is designated,
28 existing physical barriers and ventilation systems shall be
29 used to minimize smoke in adjacent nonsmoking areas. This
30 provision shall not be construed to require fixed structural
31 or other physical modifications in providing these areas or to
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 require operation of any existing heating, ventilating, and
2 air-conditioning system (HVAC system) in any manner which
3 decreases its energy efficiency or increases its electrical
4 demand, or both, nor shall this provision be construed to
5 require installation of new or additional HVAC systems.
6 (2)(a) A smoking area may not be designated in an
7 elevator, school bus, public means of mass transportation
8 subject only to state smoking regulation, restroom, hospital,
9 doctor's or dentist's waiting room, jury, deliberation room,
10 county health department, day care center, school or other
11 educational facility, or any common area as defined in s.
12 386.203. However, a patient's room in a hospital, nursing
13 home, or other health care facility may be designated as a
14 smoking area if such designation is ordered by the attending
15 physician and agreed to by all patients assigned to that room.
16 (b) Notwithstanding anything in this part to the
17 contrary, no more than one-half of the rooms in any health
18 care facility may be designated as smoking areas.
19 (3) In a workplace where there are smokers and
20 nonsmokers, employers shall develop, implement, and post a
21 policy regarding designation of smoking and nonsmoking areas.
22 Such a policy shall take into consideration the proportion of
23 smokers and nonsmokers. Employers who make reasonable efforts
24 to develop, implement, and post such a policy shall be deemed
25 in compliance. An entire area may be designated as a smoking
26 area if all workers routinely assigned to work in that area at
27 the same time agree. With respect to the square footage in any
28 public place as described in subsection (4), this square
29 footage shall not include private office work space which is
30 not a common area as defined in s. 386.203(6) and which is
31 ordinarily inaccessible to the public.
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 (4)(a) No more than one-half of the total square
2 footage in any public place within a single enclosed indoor
3 area used for a common purpose shall be reserved and
4 designated as a smoking area.
5 (b) The square footage limitation set forth in
6 paragraph (a) shall not apply to any restaurant subject to
7 this part. With respect to such restaurants:
8 1. No more than 50 percent of the seats existing in a
9 restaurant's dining room at any time shall be located in an
10 area designated as a smoking area.
11 2. Effective October 1, 2001, no more than 35 percent
12 of the seats existing in a restaurant's dining room at any
13 time shall be located in an area designated as a smoking area.
14 (3)(5) A smoking room area may not contain common
15 areas that which are expected to be used by the public.
16 (4)(6) Each state agency may adopt rules for
17 administering this section which take into consideration the
18 provisions of this part.
19 Section 7. Section 386.206, Florida Statutes, is
20 amended to read:
21 386.206 Posting of signs.--The person in charge of a
22 public place shall conspicuously post, or cause to be posted,
23 in any public place area designated as a smoking area signs
24 stating that smoking is not permitted in the public place such
25 area. Each sign posted under pursuant to this section must
26 shall have letters of reasonable size which can be easily
27 read. The color, design, and precise place of posting of
28 these such signs shall be left to the discretion of the person
29 in charge of the premises. In order to increase public
30 awareness, the person in charge of a public place may, at his
31 or her discretion, also post "NO SMOKING EXCEPT IN DESIGNATED
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SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 515360
1 >AREAS" signs as appropriate.
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