SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       04/30/2003 11:33 AM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 20, through
15            page 16, line 17, delete those lines
16  
17  and insert:  providing a uniform statewide maximum code.  This
18  part shall not be interpreted to require the designation of
19  smoking areas.  However, it is the intent of the Legislature
20  to discourage the designation of any area within a government
21  building as a smoking area.
22         Section 3.  Section 386.203, Florida Statutes, is
23  amended to read:
24         386.203  Definitions.--As used in this part, the term:
25         (1)  "Commercial use of a private residence" means any
26  time during which the owner, lessee, or other person occupying
27  or controlling the use of a private residence is furnishing in
28  the private residence, or causing or allowing to be furnished
29  in the private residence, child care, adult care, or health
30  care, or any combination thereof, and receiving or expecting
31  to receive compensation therefor.
                                  1
    4:02 PM   04/23/03                              s0742c2c-37e0a

SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 (2) "Common area" means a hallway, corridor, lobby, 2 aisle, water fountain area, restroom, stairwell, entryway, or 3 conference room in a public place. 4 (3) "Department" means the Department of Health. 5 (4) "Designated smoking guest room" means a sleeping 6 room or directly associated private area, including, but not 7 limited to, a bathroom, living room, or kitchen area, if 8 applicable, which is rented to a guest for his or her 9 exclusive transient occupancy at a public lodging 10 establishment and which is designated by the operator of the 11 public lodging establishment as a room in which smoking may be 12 permitted. 13 (5) "Enclosed indoor workplace" means a workplace that 14 is predominantly or totally bounded on all sides and above by 15 physical barriers. 16 (a) Except as provided in paragraph (b), the term does 17 not include a workplace that does not have physical barriers 18 of any kind from above, a workplace that is totally bounded 19 from above but of which at least 25 percent of contiguous 20 surface area of the sides is without a physical barrier of any 21 kind separating the workplace from the exterior of the 22 building within which the workplace is located, or a workplace 23 that is bounded on all sides and above by physical barriers 24 consisting of no more than 50 percent of the total bounded 25 surface area of the workplace. 26 (b) The term does not apply to a workplace in a 27 restaurant that is bounded on all sides and above by physical 28 barriers consisting of no more than 25 percent of the total 29 bounded surface area of the workplace. A restaurant must 30 provide a ventilation system to significantly reduce the 31 accumulation of second-hand tobacco smoke in any unenclosed 2 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 workplace of the restaurant in which tobacco smoking is 2 permitted. 3 (c) The term also does not include a smoking room 4 designated under s. 386.205. 5 (6) "Essential services" means those services that are 6 essential to the maintenance of any enclosed indoor room, 7 regardless of whether the room is a workplace, including, but 8 not limited to, janitorial services, repairs, or renovations. 9 (7) "Government building" means a building or portion 10 of a building owned by or leased to the state or a political 11 subdivision of the state and used for governmental purposes. 12 (8) "Membership organization" means a charitable, 13 nonprofit, or veterans' organization that holds a current 14 exemption from federal taxation under s. 501(c)(3), s. 15 501(c)(4), s. 501(c)(7), s. 501(c)(8), or s. 501(c)(10), s. 16 501(c)(19), or s. 501(d) of the Internal Revenue Code or a 17 religious organization that is not required to apply for 18 recognition of its exemption from federal taxation under s. 19 501(c)(3) of the Internal Revenue Code. 20 (9) "Package store" means a workplace in which 21 alcoholic beverages are sold only for consumption off the 22 premises and which shares an entryway or common indoor area 23 with a stand-alone bar. 24 (10) "Physical barrier" includes an uncovered opening, 25 a screened or otherwise partially covered opening, or an open 26 or closed window, jalousie, or door. 27 (11) "Public lodging establishment" has the same 28 meaning ascribed in s. 509.013. 29 (12)(1) "Public place" means the following enclosed, 30 indoor areas used by the general public: 31 (a) Government buildings; 3 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 (b) Public means of mass transportation and their 2 associated terminals not subject to federal smoking 3 regulation; 4 (c) Elevators; 5 (d) Hospitals; 6 (e) Nursing homes; 7 (f) Educational facilities; 8 (g) Public school buses; 9 (h) Libraries; 10 (i) Courtrooms; 11 (j) Jury waiting and deliberation rooms; 12 (k) Museums; 13 (l) Theaters; 14 (m) Auditoriums; 15 (n) Arenas; 16 (o) Recreational facilities; 17 (p) Restaurants; 18 (q) Retail stores, except a retail store the primary 19 business of which is the sale of tobacco or tobacco related 20 products; 21 (r) Grocery stores; 22 (s) Buildings that contain an enclosed indoor 23 workplace Places of employment; 24 (t) Health care facilities; 25 (u) Day care centers; and 26 (v) Common areas of retirement homes and condominiums. 27 (2) "Government building" means any building or any 28 portion of any building owned by or leased to the state or any 29 political subdivision thereof and used for governmental 30 purposes. 31 (13)(3) "Public meeting" means all meetings open to 4 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 the public, including meetings of homeowner, condominium, or 2 renter or tenant associations unless such meetings are held in 3 a private residence. 4 (14) "Second-hand smoke" means smoke emitted from 5 lighted, smoldering, or burning tobacco when the smoker is not 6 inhaling; smoke emitted at the mouthpiece during puff drawing; 7 and smoke exhaled by the smoker. 8 (15)(4) "Smoking" means inhaling, exhaling, burning, 9 carrying, or possessing a lighted tobacco product, including 10 cigarettes, cigars, pipe tobacco possession of a lighted 11 cigarette, lighted cigar, lighted pipe, or any other lighted 12 tobacco product. 13 (16)(5) "Smoking room area" means a any designated 14 room area meeting the requirements of ss. 386.205 and 386.206. 15 (17) "Work" means performing an employment or 16 employment-type service for, or at the request of, another 17 person or a public or private entity, regardless of whether 18 the employment or employment-type service is performed for 19 compensation or on a full-time or part-time basis, whether 20 legally or not. The term includes employment or 21 employment-type service performed by an employee, independent 22 contractor, agent, partner, proprietor, manager, officer, 23 director, apprentice, trainee, associate, servant, volunteer, 24 or similar person. The term applies to employment or 25 employment-type service performed at any given time. The term 26 does not include noncommercial activities performed by members 27 of a membership organization. 28 (18) "Workplace" means a room where one or more 29 persons perform work. This section applies to all such 30 workplaces without regard to whether work is occurring at any 31 given time. The term does not include any facility owned or 5 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 leased by and used exclusively for noncommercial activities 2 performed by the members and guests of a membership 3 organization, including social gatherings, meetings, dining, 4 and dances, if no person or persons are engaged in work as 5 defined in subsection (17). Each facility in which tobacco 6 smoking is permitted during the activities of a membership 7 organization must comply with the signage requirements for a 8 designated smoking room in s. 386.206. 9 (6) "Common area" means any hallway, corridor, lobby, 10 aisle, water fountain area, restroom, stairwell, entryway, or 11 conference room in any public place. 12 (7) "Department" means the Department of Health. 13 (8) "Division" means the Division of Hotels and 14 Restaurants of the Department of Business and Professional 15 Regulation. 16 Section 4. Section 386.204, Florida Statutes, is 17 amended to read: 18 386.204 Prohibition.-- 19 (1) ENCLOSED INDOOR WORKPLACES.--A person may not 20 smoke in an enclosed indoor workplace, except as otherwise 21 provided in s. 386.2045. 22 (2) PUBLIC PLACES.--A person may not smoke in a public 23 place or at a public meeting except in designated smoking 24 areas. These prohibitions do not apply in cases in which an 25 entire room or hall is used for a private function and seating 26 arrangements are under the control of the sponsor of the 27 function and not of the proprietor or person in charge of the 28 room or hall. 29 (3) OTHER PROHIBITED AREAS.--A person may not smoke 30 within 10 feet of the entryway to a building that contains an 31 enclosed indoor workplace or within 10 feet of intake 6 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 equipment for a heating, ventilating, or air conditioning 2 system (HVAC system) for a building that contains an enclosed 3 indoor workplace. An outdoor entryway to a public 4 transportation facility, including, but not limited to, 5 railroad stations, bus stations, ship ports, ferry terminals, 6 roadside welcome stations, highway service plazas, airports 7 served by regular passenger service, and highway rest stations 8 is exempt from the prohibition in this subsection. 9 Section 5. Section 386.2045, Florida Statutes, is 10 created to read: 11 386.2045 Enclosed indoor workplaces; specific 12 exceptions.--Notwithstanding s. 386.204(1), tobacco smoking 13 may be permitted in each of the following places: 14 (1) PRIVATE RESIDENCE.--A private residence whenever 15 it is not being used commercially to provide child care, adult 16 care, or health care, or any combination thereof. 17 (2) RETAIL TOBACCO SHOP.--Any enclosed indoor 18 workplace dedicated to or predominantly for the retail sale of 19 tobacco, tobacco products, and accessories for such products, 20 in which the sale of other products or services is merely 21 incidental. Any enclosed indoor workplace of a business that 22 manufactures, imports, or distributes tobacco products or of a 23 tobacco leaf dealer is a business dedicated to or 24 predominantly for the retail sale of tobacco and tobacco 25 products when, as a necessary and integral part of the process 26 of making, manufacturing, importing, or distributing a tobacco 27 product for the eventual retail sale of such tobacco or 28 tobacco product, tobacco is heated, burned, or smoked or a 29 lighted tobacco product is tested. 30 (3) DESIGNATED SMOKING GUEST ROOM.--A designated 31 smoking guest room at a public lodging establishment. 7 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 (4) STAND-ALONE BAR.--Any place of business that 2 during all times of operation is devoted predominantly or 3 totally to serving alcoholic beverages, intoxicating 4 beverages, or intoxicating liquors, or any combination 5 thereof, for consumption on the licensed premises; in which 6 the serving of food, if any, is merely incidental to the 7 consumption of any such beverage; and that is not located 8 within, and does not share any common entryway or common 9 indoor area with, any other enclosed indoor workplace, 10 including any business for which the sale of food or any other 11 product or service is more than an incidental source of gross 12 revenue. A stand-alone bar may share an entryway or common 13 indoor area with a package store. A business must not derive 14 more than 25 percent of its gross revenue from the sale of 15 food. 16 (5) SMOKING-CESSATION PROGRAM, MEDICAL RESEARCH, OR 17 SCIENTIFIC RESEARCH.--Any enclosed indoor workplace or public 18 place, to the extent that tobacco smoking is an integral part 19 of a smoking-cessation program, medical research, or 20 scientific research. Each room in which tobacco smoking is 21 permitted must comply with the signage requirements for a 22 designated smoking room in s. 386.206. 23 (6) EXPRESSIVE ACTIVITY.--Any enclosed indoor 24 workplace or public place, to the extent that tobacco smoking 25 is an integral part of expressive speech or activity, 26 including, but not limited to, a production by the 27 entertainment industry as defined in s. 288.125, and an 28 exhibition of the arts as defined in s. 265.283. Each room in 29 which tobacco smoking is permitted as part of an expressive 30 speech or activity must comply with the signage requirements 31 for a designated smoking room in s. 386.206. 8 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 (7) STATE CORRECTIONAL FACILITIES.--Any state 2 correctional facility to the extent that tobacco smoking is 3 not prohibited under s. 944.115. 4 Section 6. Section 386.206, Florida Statutes, is 5 amended to read: 6 386.206 Posting of signs.--The person in charge of a 7 public place shall conspicuously post, or cause to be posted, 8 outside the entryway of and in any place where smoking is 9 permitted under this part area designated as a smoking area 10 signs stating that smoking is permitted in that place such 11 area. Each sign posted under pursuant to this section must 12 shall have letters of reasonable size which can be easily 13 read. The color, design, and precise place of posting of 14 these such signs shall be left to the discretion of the person 15 in charge of the premises. In order to increase public 16 awareness, the person in charge of a public place may, at his 17 or her discretion, also post "NO SMOKING EXCEPT IN DESIGNATED 18 AREAS" signs as appropriate. 19 Section 7. Section 386.207, Florida Statutes, is 20 amended to read: 21 386.207 Administration; enforcement; civil penalties; 22 exceptions exemptions.-- 23 (1) The department and the Department of Business and 24 Professional Regulation or the division shall enforce this 25 part ss. 386.205 and 386.206 and to implement such enforcement 26 shall adopt, in consultation with the Department of 27 Agriculture and Consumer Services and the State Fire Marshal, 28 rules specifying procedures to be followed by enforcement 29 personnel in investigating complaints and notifying alleged 30 violators, rules defining types of cases for which exceptions 31 exemptions may be granted, and rules specifying procedures by 9 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 which appeals may be taken by aggrieved parties. 2 (2) Public agencies responsible for the management and 3 maintenance of government buildings shall report observed 4 violations to the department and the Department of Business 5 and Professional Regulation or division. The State Fire 6 Marshal shall report to the department and the Department of 7 Business and Professional Regulation or division observed 8 violations of this part ss. 386.205 and 386.206 found during 9 its periodic inspections conducted under pursuant to its 10 regulatory authority. The department and the Department of 11 Business and Professional Regulation or the division, upon 12 notification of observed violations of this part ss. 386.205 13 and 386.206, shall issue to the proprietor or other person in 14 charge of such public place or enclosed indoor workplace a 15 notice to comply with this part ss. 386.205 and 386.206. If 16 the such person fails to comply within 30 days after receipt 17 of the such notice, the department and the Department of 18 Business and Professional Regulation or the division shall 19 assess a civil penalty against him or her not to exceed $1,000 20 $100 for the first violation and not to exceed $2,500 $500 for 21 each subsequent violation. The imposition of the such fine 22 must shall be in accordance with the provisions of chapter 23 120. If a person refuses to comply with this part ss. 386.205 24 and 386.206, after having been assessed such penalty, the 25 department and the Department of Business and Professional 26 Regulation or the division may file a complaint in the circuit 27 court of the county in which the such public place or enclosed 28 indoor workplace is located to require compliance. 29 (3) A person may request an exemption from ss. 386.205 30 and 386.206 by applying to the department or the division. 31 The department or the division may grant exemptions on a 10 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 case-by-case basis where it determines that substantial good 2 faith efforts have been made to comply or that emergency or 3 extraordinary circumstances exist. 4 (3)(4) All fine moneys collected pursuant to this 5 section shall be used by the department for children's medical 6 services programs pursuant to the provisions of part I of 7 chapter 391. 8 Section 8. Section 386.208, Florida Statutes, is 9 amended to read: 10 386.208 Penalties.--Any person who violates s. 386.204 11 commits a noncriminal violation as defined provided for in s. 12 775.08(3), punishable by a fine of not more than $1,000 $100 13 for the first violation and not more than $2,500 $500 for each 14 subsequent violation. Jurisdiction shall be with the 15 appropriate county court. 16 Section 9. Section 386.209, Florida Statutes, is 17 reenacted to read: 18 386.209 Regulation of smoking preempted to 19 state.--This part expressly preempts regulation of smoking to 20 the state and supersedes any municipal or county ordinance on 21 the subject. 22 Section 10. Section 386.211, Florida Statutes, is 23 amended to read: 24 386.211 Public announcements in mass transportation 25 terminals.--Announcements about the Florida Clean Indoor Air 26 Act shall be made regularly over public address systems in 27 terminals of public transportation carriers located in 28 metropolitan statistical areas with populations over 230,000 29 according to the latest census. These announcements shall be 30 made at least every 30 minutes and shall be made in 31 appropriate languages. Each announcement must shall include a 11 4:02 PM 04/23/03 s0742c2c-37e0a
SENATE AMENDMENT Bill No. CS for CS for SB 742 Amendment No. ___ Barcode 623598 1 statement to the effect that Florida is a clean indoor air 2 state and that smoking is allowed only in designated places 3 areas. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, lines 12-18, delete those lines 11 12 and insert: 13 exceptions where smoking is permitted; amending 14 s. 386.206, F.S.; providing requirements for 15 the posting of signs in places where smoking is 16 permitted; amending s. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12 4:02 PM 04/23/03 s0742c2c-37e0a