Senate Bill sb0742c1

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    Florida Senate - 2003                            CS for SB 742

    By the Committee on Regulated Industries; and Senator Diaz de
    la Portilla




    315-1927-03

  1                      A bill to be entitled

  2         An act relating to the Florida Clean Indoor Air

  3         Act; implementing s. 20, Art. X of the State

  4         Constitution; reenacting 386.201, F.S.,

  5         relating to a short title; amending s. 386.202,

  6         F.S.; providing legislative intent; amending s.

  7         386.203, F.S.; providing definitions; amending

  8         s. 386.204, F.S.; prohibiting smoking in

  9         certain places; requiring the posting of signs;

10         creating s. 386.2045, F.S.; establishing

11         specific exceptions where smoking is permitted;

12         amending s. 386.205, F.S.; providing for

13         designated smoking rooms; providing certain

14         exceptions; requiring state agencies to adopt

15         rules; amending s. 386.206, F.S.; providing

16         requirements for the posting of signs in rooms

17         designated as smoking rooms; amending s.

18         386.207, F.S.; providing for enforcement of the

19         act by the Department of Business and

20         Professional Regulation, the Department of

21         Health, and the Division of Hotels and

22         Restaurants of the Department of Business and

23         Professional Regulation; providing penalties;

24         providing for the use of moneys collected as

25         fines under the act; amending s. 386.208, F.S.;

26         providing additional penalties; reenacting s.

27         386.209, F.S., relating to preemption by the

28         state of the regulation of smoking; amending s.

29         386.211, F.S.; providing for announcements at

30         certain facilities; amending s. 386.212, F.S.;

31         prohibiting smoking near school property;

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 1         creating s. 386.2125, F.S.; requiring the

 2         Department of Business and Professional

 3         Regulation to adopt rules; creating s. 386.213,

 4         F.S.; providing for effect of any invalidity of

 5         the act; providing an effective date.

 6  

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

 8  

 9         Section 1.  Section 386.201, Florida Statutes, is

10  reenacted to read:

11         386.201  Short title.--This part may be cited as the

12  "Florida Clean Indoor Air Act."

13         Section 2.  Section 386.202, Florida Statutes, is

14  amended to read:

15         386.202  Legislative intent.--The purpose of this part

16  is to protect people from the public health hazards of

17  second-hand, comfort, and environment by creating areas in

18  public places and at public meetings that are reasonably free

19  from tobacco smoke and to implement the Florida health

20  initiative in s. 20, Art. X of the State Constitution by

21  providing a uniform statewide maximum code.  This part does

22  shall not be interpreted to require the designation of smoking

23  rooms areas.  However, it is the intent of the Legislature to

24  discourage the designation of any room located area within a

25  government building as a smoking room area.

26         Section 3.  Section 386.203, Florida Statutes, is

27  amended to read:

28         386.203  Definitions.--As used in this part, the term:

29         (1)  "Commercial use of a private residence" means any

30  time during which the owner, lessee, or other person occupying

31  or controlling the use of a private residence is furnishing in

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 1  the private residence, or causing or allowing to be furnished

 2  in the private residence, child care, adult care, or health

 3  care, or any combination thereof, and receiving or expecting

 4  to receive compensation therefor.

 5         (2)  "Common area" means a hallway, corridor, lobby,

 6  aisle, water fountain area, restroom, stairwell, entryway, or

 7  conference room in a public place.

 8         (3)  "Department" means the Department of Agriculture

 9  and Consumer Services.

10         (4)  "Designated smoking guest room" means a sleeping

11  room or directly associated private area, including, but not

12  limited to, a bathroom, living room, or kitchen area, if

13  applicable, which is rented to a guest for his or her

14  exclusive transient occupancy at a public lodging

15  establishment and which is designated by the operator of the

16  public lodging establishment as a room in which smoking may be

17  permitted.

18         (5)  "Division" means the Division of Hotels and

19  Restaurants of the Department of Business and Professional

20  Regulation.

21         (6)  "Enclosed indoor workplace" means a workplace that

22  is predominantly or totally bounded on all sides and above by

23  physical barriers.  The term does not include a workplace that

24  does not have physical barriers of any kind from above, a

25  workplace that is totally bounded from above but of which at

26  least 25 percent of contiguous surface area of the sides is

27  without a physical barrier of any kind separating the

28  workplace from the exterior of the building within which the

29  workplace is located, or a workplace that is bounded on all

30  sides and above by physical barriers consisting of no more

31  than 50 percent of the total bounded surface area of the

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 1  workplace.  The term also does not include a smoking room

 2  designated under s. 386.205.

 3         (7)  "Essential services" means those services that are

 4  essential to the maintenance of any enclosed indoor room,

 5  regardless of whether the room is a workplace, including, but

 6  not limited to, janitorial services, repairs, or renovations.

 7         (8)  "Government building" means a building or portion

 8  of a building owned by or leased to the state or a political

 9  subdivision of the state and used for governmental purposes.

10         (9)  "Membership organization" means a charitable,

11  nonprofit, or veterans' organization that holds a current

12  exemption from federal taxation under s. 501(c)(3), s.

13  501(c)(4), s. 501(c)(7), s. 501(c)(8), or s. 501(c)(10), s.

14  501(c)(19), or s. 501(d) of the Internal Revenue Code or a

15  religious organization that is not required to apply for

16  recognition of its exemption from federal taxation under s.

17  501(c)(3) of the Internal Revenue Code.

18         (10)  "Package store" means a workplace in which

19  alcoholic beverages are sold only for consumption off the

20  premises and which shares an entryway or common indoor area

21  with a stand-alone bar.

22         (11)  "Physical barrier" includes an uncovered opening,

23  a screened or otherwise partially covered opening, or an open

24  or closed window, jalousie, or door.

25         (12)  "Public lodging establishment" has the same

26  meaning ascribed in s. 509.013.

27         (13)(1)  "Public place" means the following enclosed,

28  indoor areas used by the general public:

29         (a)  Government buildings;

30  

31  

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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  

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 1         (14)(3)  "Public meeting" means all meetings open to

 2  the public, including meetings of homeowner, condominium, or

 3  renter or tenant associations unless such meetings are held in

 4  a private residence.

 5         (15)  "Second-hand smoke" means smoke emitted from

 6  lighted, smoldering, or burning tobacco when the smoker is not

 7  inhaling; smoke emitted at the mouthpiece during puff drawing;

 8  and smoke exhaled by the smoker.

 9         (16)(4)  "Smoking" means inhaling, exhaling, burning,

10  carrying, or possessing a lighted tobacco product, including

11  cigarettes, cigars, pipe tobacco possession of a lighted

12  cigarette, lighted cigar, lighted pipe, or any other lighted

13  tobacco product.

14         (17)(5)  "Smoking room area" means a any designated

15  room area meeting the requirements of ss. 386.205 and 386.206.

16         (18)  "Work" means performing an employment or

17  employment-type service for, or at the request of, another

18  person or a public or private entity, regardless of whether

19  the service is performed for compensation or on a full-time or

20  part-time basis, whether legally or not.  The term includes

21  service performed by an employee, independent contractor,

22  agent, partner, proprietor, manager, officer, director,

23  apprentice, trainee, associate, servant, volunteer, or similar

24  person.  The term applies to service performed at any given

25  time.  The term does not include noncommercial activities

26  performed by members of a membership organization.

27         (19)  "Workplace" means a room where one or more

28  persons perform work.  The term does not apply to an entire

29  building, but applies only to those rooms where work is

30  performed.  This section applies to all such workplaces

31  without regard to whether work is occurring at any given time.

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    Florida Senate - 2003                            CS for SB 742
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 1  The term does not include a smoking room designated under s.

 2  386.205.

 3         (6)  "Common area" means any hallway, corridor, lobby,

 4  aisle, water fountain area, restroom, stairwell, entryway, or

 5  conference room in any public place.

 6         (7)  "Department" means the Department of Health.

 7         (8)  "Division" means the Division of Hotels and

 8  Restaurants of the Department of Business and Professional

 9  Regulation.

10         Section 4.  Section 386.204, Florida Statutes, is

11  amended to read:

12         386.204  Prohibition.--

13         (1)  ENCLOSED INDOOR WORKPLACES.--A person may not

14  smoke in an enclosed indoor workplace, except as otherwise

15  provided in s. 386.2045.

16         (2)  PUBLIC PLACES.--A person may not smoke in a public

17  place or at a public meeting except in a designated smoking

18  room designated under s. 386.205 areas.  These prohibitions do

19  not apply in cases in which an entire room or hall is used for

20  a private function and seating arrangements are under the

21  control of the sponsor of the function and not of the

22  proprietor or person in charge of the room or hall.

23         (3)  RESTAURANTS.--A person may not smoke in a

24  restaurant, including any unenclosed area of the restaurant

25  where one or more persons engage in work. All restaurants must

26  post signs outside the entryway and on the walls of the

27  restaurant, place notices on each dining table of the

28  restaurant, and include in any advertisement for the

29  restaurant that the restaurant is a nonsmoking facility.  The

30  signs must comply with the lettering and placement

31  requirements established in s. 386.206.

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    Florida Senate - 2003                            CS for SB 742
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 1         (4)  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)  DESIGNATED SMOKING ROOM.--A designated smoking

18  room complying with the requirements in ss. 386.205 and

19  386.206.

20         (2)  PRIVATE RESIDENCE.--A private residence whenever

21  it is not being used commercially to provide child care, adult

22  care, or health care, or any combination thereof.

23         (3)  RETAIL TOBACCO SHOP.--Any enclosed indoor

24  workplace dedicated to or predominantly for the retail sale of

25  tobacco, tobacco products, and accessories for such products,

26  in which the sale of other products or services is merely

27  incidental.

28         (a)  A business that manufactures tobacco products and

29  accessories is a business dedicated to or predominantly for

30  the retail sale of tobacco, tobacco products, and accessories.

31  As used in this subsection, the term "manufacture" includes

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 1  tobacco smoking in a manufacturing facility, distribution

 2  facility, or cigar-leaf-dealer facility for the purpose of

 3  testing tobacco, tobacco products, or accessories for quality

 4  or compliance with federal law or regulations.

 5         (b)  Notwithstanding s. 386.205(1)(a), a retail tobacco

 6  shop must comply with the requirements for a designated

 7  smoking room in ss. 386.205 and 386.206.  A retail tobacco

 8  shop holding a retail tobacco products dealer permit under s.

 9  569.003 on the effective date of this act is exempt from the

10  requirements of s. 386.205.

11         (4)  DESIGNATED SMOKING GUEST ROOM.--A designated

12  smoking guest room at a public lodging establishment.

13         (5)  STAND-ALONE BAR.--Any place of business that

14  during all times of operation is devoted predominantly or

15  totally to serving alcoholic beverages, intoxicating

16  beverages, or intoxicating liquors, or any combination

17  thereof, for consumption on the licensed premises; in which

18  the serving of food, if any, is merely incidental to the

19  consumption of any such beverage; and that is not located

20  within, and does not share any common entryway or common

21  indoor area with, any other enclosed indoor workplace,

22  including any business for which the sale of food or any other

23  product or service is more than an incidental source of gross

24  revenue.  A stand-alone bar may share an entryway or common

25  indoor area with a package store.  A business must derive at

26  least 70 percent of its gross revenue from the sale of

27  alcoholic beverages, intoxicating beverages, or intoxicating

28  liquors, or any combination thereof, excluding gross revenues

29  from the sale of alcoholic beverages in a package store.

30  

31  

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 1         (6)  TOBACCO MANUFACTURING FACILITY.--An enclosed

 2  indoor workplace used exclusively to manufacture tobacco

 3  products or accessories for such products, to the extent that:

 4         (a)  Tobacco smoking is essential to the manufacture of

 5  tobacco products or accessories;

 6         (b)  Tobacco smoking essential to the manufacture of

 7  tobacco products or accessories cannot be performed in another

 8  place that is not an enclosed indoor workplace; and

 9         (c)  The prohibition of tobacco smoking would encroach

10  upon rights protected by the United States Constitution.

11  

12  Each room in which tobacco smoking is permitted for the

13  purpose of manufacturing tobacco products or accessories must

14  comply with the signage requirements for a designated smoking

15  room in s. 386.206. As used in this subsection, the term

16  "manufacture" includes tobacco smoking in a manufacturing

17  facility, distribution facility, or cigar-leaf-dealer facility

18  for the purpose of testing tobacco, tobacco products, or

19  accessories for quality or compliance with federal law or

20  regulations.

21         (7)  MEMBERSHIP ORGANIZATION FACILITY.--Any facility

22  owned or leased by and used exclusively for noncommercial

23  activities performed by the members and guests of a membership

24  organization, including social gatherings, meetings, dining,

25  and dances, if no person or persons are engaged in work as

26  defined in s. 386.203(17). Each facility in which tobacco

27  smoking is permitted during the activities of a membership

28  organization must comply with the signage requirements for a

29  designated smoking room in s. 386.206.

30         (8)  EXPRESSIVE ACTIVITY.--Any enclosed indoor

31  workplace or public place, to the extent that:

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 1         (a)  Tobacco smoking is an integral part of scientific,

 2  political, religious, ideological, or other expressive speech

 3  or activity, including, but not limited to, a production by

 4  the entertainment industry as defined in s. 288.125,

 5  scientific and medical research, and an exhibition of the arts

 6  as defined in s. 265.283; and

 7         (b)  The prohibition of tobacco smoking would encroach

 8  upon rights protected by the United States Constitution or the

 9  State Constitution.

10  

11  Each room in which tobacco smoking is permitted as part of

12  scientific, political, religious, ideological, or other

13  expressive speech or activity must comply with the signage

14  requirements for a designated smoking room in s. 386.206.

15         (9)  STATE CORRECTIONAL FACILITIES.--Any state

16  correctional facility to the extent that tobacco smoking is

17  not prohibited under s. 944.115.

18         Section 6.  Section 386.205, Florida Statutes, is

19  amended to read:

20         386.205  Designation of smoking rooms areas.--

21         (1)  Smoking rooms areas may be designated by the

22  person in charge of a public place.  Each designated smoking

23  room must conform to the following requirements:

24         (a)  Work, other than essential services defined in s.

25  386.203, must not be performed in the room at any given time.

26         (b)  Tobacco smoking must not be permitted in the room

27  for at least 30 minutes before any essential services are

28  performed in the room.

29         (c)  Each smoking room must be enclosed by physical

30  barriers that are impenetrable by second-hand tobacco smoke

31  

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 1  and prevent the escape of second-hand tobacco smoke into a

 2  common area or an enclosed indoor workplace.

 3         (d)  Each smoking room must comply with the signage

 4  requirements in s. 386.206. If a smoking area is designated,

 5  existing physical barriers and ventilation systems shall be

 6  used to minimize smoke in adjacent nonsmoking areas. This

 7  provision shall not be construed to require fixed structural

 8  or other physical modifications in providing these areas or to

 9  require operation of any existing heating, ventilating, and

10  air-conditioning system (HVAC system) in any manner which

11  decreases its energy efficiency or increases its electrical

12  demand, or both, nor shall this provision be construed to

13  require installation of new or additional HVAC systems.

14         (2)(a)  A smoking room area may not be designated in an

15  elevator, school bus, public means of mass transportation

16  subject only to state smoking regulation, restroom, hospital,

17  nursing home, doctor's or dentist's waiting room, health care

18  facility, library, courtroom, jury waiting and deliberation

19  room, museum, theater, auditorium, arena, recreational

20  facility, restaurant, retail store except as provided in s.

21  385.2045, grocery store, county health department, day care

22  center, school or other educational facility, or any common

23  area as defined in s. 386.203. However, a patient's room in a

24  hospital, nursing home, or other health care facility may be

25  designated as a smoking area if such designation is ordered by

26  the attending physician and agreed to by all patients assigned

27  to that room.

28         (b)  Notwithstanding anything in this part to the

29  contrary, no more than one-half of the rooms in any health

30  care facility may be designated as smoking areas.

31  

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 1         (3)  In a workplace where there are smokers and

 2  nonsmokers, employers shall develop, implement, and post a

 3  policy regarding designation of smoking and nonsmoking areas.

 4  Such a policy shall take into consideration the proportion of

 5  smokers and nonsmokers.  Employers who make reasonable efforts

 6  to develop, implement, and post such a policy shall be deemed

 7  in compliance. An entire area may be designated as a smoking

 8  area if all workers routinely assigned to work in that area at

 9  the same time agree. With respect to the square footage in any

10  public place as described in subsection (4), this square

11  footage shall not include private office work space which is

12  not a common area as defined in s. 386.203(6) and which is

13  ordinarily inaccessible to the public.

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

15  footage in any public place within a single enclosed indoor

16  area used for a common purpose shall be reserved and

17  designated as a smoking area.

18         (b)  The square footage limitation set forth in

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

20  this part. With respect to such restaurants:

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

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

23  area designated as a smoking area.

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

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

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

27         (3)(5)  A smoking room area may not contain common

28  areas that which are expected to be used by the public.

29         (4)(6)  Each state agency may adopt rules for

30  administering this section which take into consideration the

31  provisions of this part.

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 1         Section 7.  Section 386.206, Florida Statutes, is

 2  amended to read:

 3         386.206  Posting of signs.--The person in charge of a

 4  public place shall conspicuously post, or cause to be posted,

 5  outside the entryway of and in any room area designated as a

 6  smoking room area signs stating that smoking is permitted in

 7  that room such area.  Each sign posted under pursuant to this

 8  section must shall have letters of reasonable size which can

 9  be easily read.  The color, design, and precise place of

10  posting of these such signs shall be left to the discretion of

11  the person in charge of the premises.  In order to increase

12  public awareness, the person in charge of a public place may,

13  at his or her discretion, also post "NO SMOKING EXCEPT IN

14  DESIGNATED SMOKING ROOMS AREAS" signs as appropriate.

15         Section 8.  Section 386.207, Florida Statutes, is

16  amended to read:

17         386.207  Administration; enforcement; civil penalties;

18  exceptions exemptions.--

19         (1)  The department, the Department of Health, and or

20  the division shall enforce this part and the rules of the

21  department adopted under s. 386.2135 ss. 386.205 and 386.206

22  and to implement such enforcement shall adopt, in consultation

23  with the State Fire Marshal, rules specifying procedures to be

24  followed by enforcement personnel in investigating complaints

25  and notifying alleged violators, rules defining types of cases

26  for which exemptions may be granted, and rules specifying

27  procedures by which appeals may be taken by aggrieved parties.

28         (2)  Public agencies responsible for the management and

29  maintenance of government buildings shall report observed

30  violations to the department or division.  The State Fire

31  Marshal shall report to the department or division observed

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 1  violations of ss. 386.205 and 386.206 found during its

 2  periodic inspections conducted pursuant to its regulatory

 3  authority.  The department or the division, upon notification

 4  of observed violations of ss. 386.205 and 386.206, shall issue

 5  to the proprietor or other person in charge of such public

 6  place a notice to comply with ss. 386.205 and 386.206.  If the

 7  such person fails to comply within 30 days after receipt of

 8  the such notice, the department or the division shall assess a

 9  civil penalty against him or her not to exceed $100 for the

10  first violation and not to exceed $500 for each subsequent

11  violation. The imposition of such fine shall be in accordance

12  with the provisions of chapter 120.  If a person refuses to

13  comply with ss. 386.205 and 386.206, after having been

14  assessed such penalty, the department or the division may file

15  a complaint in the circuit court of the county in which such

16  public place is located to require compliance.

17         (3)  A person may request an exemption from ss. 386.205

18  and 386.206 by applying to the department or the division.

19  The department or the division may grant exemptions on a

20  case-by-case basis where it determines that substantial good

21  faith efforts have been made to comply or that emergency or

22  extraordinary circumstances exist.

23         (3)(4)  All fine moneys collected pursuant to this

24  section shall be used by the Department of Health department

25  for children's medical services programs pursuant to the

26  provisions of part I of chapter 391.

27         Section 9.  Section 386.208, Florida Statutes, is

28  amended to read:

29         386.208  Penalties.--Any person who violates s. 386.204

30  commits a noncriminal violation as defined provided for in s.

31  775.08(3), punishable by a fine of not more than $100 for the

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 1  first violation and not more than $500 for each subsequent

 2  violation.  Jurisdiction shall be with the appropriate county

 3  court.

 4         Section 10.  Section 386.209, Florida Statutes, is

 5  reenacted to read:

 6         386.209  Regulation of smoking preempted to

 7  state.--This part expressly preempts regulation of smoking to

 8  the state and supersedes any municipal or county ordinance on

 9  the subject.

10         Section 11.  Section 386.211, Florida Statutes, is

11  amended to read:

12         386.211  Public announcements in mass transportation

13  terminals.--Announcements about the Florida Clean Indoor Air

14  Act shall be made regularly over public address systems in

15  terminals of public transportation carriers located in

16  metropolitan statistical areas with populations over 230,000

17  according to the latest census.  These announcements shall be

18  made at least every 30 minutes and shall be made in

19  appropriate languages.  Each announcement must shall include a

20  statement to the effect that Florida is a clean indoor air

21  state and that smoking is allowed only in designated smoking

22  rooms areas.

23         Section 12.  Section 386.212, Florida Statutes, is

24  amended to read:

25         386.212  Smoking prohibited near school property;

26  penalty.--

27         (1)  It is unlawful for any person under 18 years of

28  age to smoke tobacco in, on, or within 1,000 feet of the real

29  property comprising a public or private elementary, middle, or

30  secondary school between the hours of 6 a.m. and midnight.

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    Florida Senate - 2003                            CS for SB 742
    315-1927-03




 1  This section does shall not apply to any person occupying a

 2  moving vehicle or within a private residence.

 3         (2)  A law enforcement officer may issue a citation in

 4  such form as prescribed by a county or municipality to any

 5  person violating the provisions of this section.  Any such

 6  citation must contain:

 7         (a)  The date and time of issuance.

 8         (b)  The name and address of the person cited.

 9         (c)  The date and time the civil infraction was

10  committed.

11         (d)  The statute violated.

12         (e)  The facts constituting the violation.

13         (f)  The name and authority of the law enforcement

14  officer.

15         (g)  The procedure for the person to follow to pay the

16  civil penalty, to contest the citation, or to appear in court.

17         (h)  The applicable civil penalty if the person elects

18  not to contest the citation.

19         (i)  The applicable civil penalty if the person elects

20  to contest the citation.

21         (3)  Any person issued a citation pursuant to this

22  section shall be deemed to be charged with a civil infraction

23  punishable by a maximum civil penalty not to exceed $25, or 50

24  hours of community service or, where available, successful

25  completion of a school-approved anti-tobacco "alternative to

26  suspension" program.

27         (4)  Any person who fails to comply with the directions

28  on the citation shall be deemed to waive his or her right to

29  contest the citation and an order to show cause may be issued

30  by the court.

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    Florida Senate - 2003                            CS for SB 742
    315-1927-03




 1         Section 13.  Section 386.2125, Florida Statutes, is

 2  created to read:

 3         386.2125  Rulemaking.--The department shall, in

 4  consultation with the division, the State Fire Marshal, and

 5  the Department of Health, have the authority to adopt rules

 6  pursuant to ss. 120.536 and 120.54 to implement the provisions

 7  of this part.

 8         Section 14.  Section 386.213, Florida Statutes, is

 9  created to read:

10         386.213  Effect of invalidity.--The provisions of this

11  act are carefully constructed in a manner that each provision

12  is inextricably intertwined with every other provision of the

13  act and is inseparable from the remainder of the act.  If any

14  provision of this act or the application thereof to any person

15  or circumstance is held invalid, the invalidity affects every

16  other provision or application of the act, other provisions or

17  applications of the act may not be given effect without the

18  invalid provision or application, and the entire act must be

19  held invalid.

20         Section 15.  This act shall take effect July 1, 2003.

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    Florida Senate - 2003                            CS for SB 742
    315-1927-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 742

 3                                 

 4  The Committee Substitute implements the provisions of Article
    X, Section 20, of the Florida Constitution, which prohibits
 5  tobacco smoking in enclosed indoor workplaces.  It amends the
    Florida Clean Indoor Air Act, Part II of Chapter 386, F.S.
 6  The bill provides definitions.  It prohibits smoking in
    enclosed indoor workplaces except in certain places.  It
 7  prohibits smoking in public places except in designated
    smoking rooms.  It prohibits smoking in restaurants, their
 8  outdoor areas, and requires that notices to be posted and
    included in advertising.  It prohibits smoking within 10 feet
 9  of entryways and ventilation intakes.  It authorizes smoking
    in certain places including designated smoking rooms, private
10  residences, retail tobacco shops, designated guest rooms,
    stand-alone bars, tobacco manufacturing facilities, membership
11  organization facilities, in certain instances protected by the
    United States and State Constitution, and in certain areas of
12  the state prisons.  It maintains the current penalties of the
    Florida Clean Indoor Air Act, and the smoking prohibition near
13  school property.  The bill provides for enforcement,
    authorizes rulemaking, and provides for the effect of holding
14  the act invalid.

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