SENATE AMENDMENT
Bill No. CS for CS for SB 742
Amendment No. ___ Barcode 623598
CHAMBER ACTION
Senate House
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04/30/2003 11:33 AM .
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11 Senator Saunders moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 2, line 20, through
15 page 16, line 17, delete those lines
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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.
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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
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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;
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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
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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
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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
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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.
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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.
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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
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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
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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
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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.
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5 (Redesignate subsequent sections.)
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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
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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.
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