Senate Bill sb0742c2

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    Florida Senate - 2003                     CS for CS for SB 742

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




    309-2451-03

  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 s. 386.201, F.S.,

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

  6         F.S.; providing legislative intent and

  7         findings; amending s. 386.203, F.S.; providing

  8         definitions; amending s. 386.204, F.S.;

  9         prohibiting smoking in certain places;

10         requiring the posting of signs; creating s.

11         386.2045, F.S.; establishing specific

12         exceptions where smoking is permitted; amending

13         s. 386.205, F.S.; providing for designated

14         smoking rooms; providing certain exceptions;

15         requiring state agencies to adopt rules;

16         amending s. 386.206, F.S.; providing

17         requirements for the posting of signs in rooms

18         designated as smoking rooms; amending s.

19         386.207, F.S.; providing for enforcement of the

20         act by the Department of Business and

21         Professional Regulation and the Department of

22         Health; providing penalties; providing for the

23         use of moneys collected as fines under the act;

24         amending s. 386.208, F.S.; providing additional

25         penalties; reenacting s. 386.209, F.S.,

26         relating to preemption by the state of the

27         regulation of smoking; amending s. 386.211,

28         F.S.; providing for announcements at certain

29         facilities; amending s. 386.212, F.S.;

30         prohibiting smoking near school property;

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

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 1         Department of Health to adopt rules; creating

 2         s. 386.213, F.S.; providing for effect of any

 3         invalidity of certain provisions; providing for

 4         severability; providing an effective date.

 5  

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

 7  

 8         Section 1.  Section 386.201, Florida Statutes, is

 9  reenacted to read:

10         386.201  Short title.--This part may be cited as the

11  "Florida Clean Indoor Air Act."

12         Section 2.  Section 386.202, Florida Statutes, is

13  amended to read:

14         386.202  Legislative intent.--The purpose of this part

15  is to protect people from the public health hazards of

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

17  public places and at public meetings that are reasonably free

18  from tobacco smoke and to implement the Florida health

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

20  providing a uniform statewide maximum code.  This part does

21  shall not be interpreted to require the designation of smoking

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

23  discourage the designation of any room located area within a

24  government building as a smoking room area. It is the intent

25  of the Legislature to not inhibit, or otherwise obstruct,

26  smoking cessation programs, medical research, or scientific

27  research in this state. The Legislature finds that tobacco

28  smoking that is integral to a smoking cessation program,

29  medical research, or scientific research does not present a

30  credible public health hazard from second-hand smoke. The

31  Legislature finds that the performance of essential services

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 1  in an enclosed indoor place, including janitorial services,

 2  repairs, renovations, and other services essential to the

 3  maintenance of any enclosed indoor place, does not transform a

 4  nonworkplace into a workplace.

 5         Section 3.  Section 386.203, Florida Statutes, is

 6  amended to read:

 7         386.203  Definitions.--As used in this part, the term:

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

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

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

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

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

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

14  to receive compensation therefor.

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

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

17  conference room in a public place.

18         (3)  "Department" means the Department of Health.

19         (4)  "Designated smoking room" means a room complying

20  with the requirements in ss. 386.205 and 386.206.

21         (5)  "Designated smoking guest room" means a sleeping

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

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

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

25  exclusive transient occupancy at a public lodging

26  establishment and which is designated by the operator of the

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

28  permitted.

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

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

31  physical barriers.

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 1         (a)  Except as provided in paragraph (b), the term does

 2  not include a workplace that does not have physical barriers

 3  of any kind from above, a workplace that is totally bounded

 4  from above but of which at least 25 percent of contiguous

 5  surface area of the sides is without a physical barrier of any

 6  kind separating the workplace from the exterior of the

 7  building within which the workplace is located, or a workplace

 8  that is bounded on all sides and above by physical barriers

 9  consisting of no more than 50 percent of the total bounded

10  surface area of the workplace.

11         (b)  The term does not apply to a workplace in a

12  restaurant that is bounded on all sides and above by physical

13  barriers consisting of no more than 25 percent of the total

14  bounded surface area of the workplace. A restaurant must

15  provide a ventilation system to significantly reduce the

16  accumulation of second-hand tobacco smoke in any unenclosed

17  workplace of the restaurant in which tobacco smoking is

18  permitted.

19         (c)  The term also does not include a smoking room

20  designated under s. 386.205.

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

22  essential to the maintenance of any enclosed indoor room,

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

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

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

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

27  subdivision of the state and used for governmental purposes.

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

29  nonprofit, or veterans' organization that holds a current

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

31  501(c)(4), s. 501(c)(7), s. 501(c)(8), or s. 501(c)(10), s.

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 1  501(c)(19), or s. 501(d) of the Internal Revenue Code or a

 2  religious organization that is not required to apply for

 3  recognition of its exemption from federal taxation under s.

 4  501(c)(3) of the Internal Revenue Code.

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

 6  alcoholic beverages are sold only for consumption off the

 7  premises and which shares an entryway or common indoor area

 8  with a stand-alone bar.

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

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

11  or closed window, jalousie, or door.

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

13  meaning ascribed in s. 509.013.

14         (13)(1)  "Public place" means the following enclosed,

15  indoor areas used by the general public:

16         (a)  Government buildings;

17         (b)  Public means of mass transportation and their

18  associated terminals not subject to federal smoking

19  regulation;

20         (c)  Elevators;

21         (d)  Hospitals;

22         (e)  Nursing homes;

23         (f)  Educational facilities;

24         (g)  Public school buses;

25         (h)  Libraries;

26         (i)  Courtrooms;

27         (j)  Jury waiting and deliberation rooms;

28         (k)  Museums;

29         (l)  Theaters;

30         (m)  Auditoriums;

31         (n)  Arenas;

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 1         (o)  Recreational facilities;

 2         (p)  Restaurants;

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

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

 5  products;

 6         (r)  Grocery stores;

 7         (s)  Buildings that contain an enclosed indoor

 8  workplace Places of employment;

 9         (t)  Health care facilities;

10         (u)  Day care centers; and

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

12         (2)  "Government building" means any building or any

13  portion of any building owned by or leased to the state or any

14  political subdivision thereof and used for governmental

15  purposes.

16         (14)(3)  "Public meeting" means all meetings open to

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

18  renter or tenant associations unless such meetings are held in

19  a private residence.

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

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

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

23  and smoke exhaled by the smoker.

24         (16)(4)  "Smoking" means inhaling, exhaling, burning,

25  carrying, or possessing a lighted tobacco product, including

26  cigarettes, cigars, pipe tobacco possession of a lighted

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

28  tobacco product.

29         (17)(5)  "Smoking room area" means a any designated

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

31  

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

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

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

 4  the employment or employment-type service is performed for

 5  compensation or on a full-time or part-time basis, whether

 6  legally or not. The term includes employment or

 7  employment-type service performed by an employee, independent

 8  contractor, agent, partner, proprietor, manager, officer,

 9  director, apprentice, trainee, associate, servant, volunteer,

10  or similar person. The term applies to employment or

11  employment-type service performed at any given time. The term

12  does not include noncommercial activities performed by members

13  of a membership organization.

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

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

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

17  performed. This section applies to all such workplaces without

18  regard to whether work is occurring at any given time. The

19  term does not include:

20         (a)  A smoking room designated under s. 386.205.

21         (b)  Any facility owned or leased by and used

22  exclusively for noncommercial activities performed by the

23  members and guests of a membership organization, including

24  social gatherings, meetings, dining, and dances, if no person

25  or persons are engaged in work as defined in subsection (18).

26  Each facility in which tobacco smoking is permitted during the

27  activities of a membership organization must comply with the

28  signage requirements for a designated smoking room in s.

29  386.206.

30  

31  

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

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

 3  conference room in any public place.

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

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

 6  Restaurants of the Department of Business and Professional

 7  Regulation.

 8         Section 4.  Section 386.204, Florida Statutes, is

 9  amended to read:

10         386.204  Prohibition.--

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

12  smoke in an enclosed indoor workplace, except as otherwise

13  provided in s. 386.2045.

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

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

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

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

18  a private function and seating arrangements are under the

19  control of the sponsor of the function and not of the

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

21         (3)  OTHER PROHIBITED AREAS.--A person may not smoke

22  within 10 feet of the entryway to a building that contains an

23  enclosed indoor workplace or within 10 feet of intake

24  equipment for a heating, ventilating, or air conditioning

25  system (HVAC system) for a building that contains an enclosed

26  indoor workplace.  An outdoor entryway to a public

27  transportation facility, including, but not limited to,

28  railroad stations, bus stations, ship ports, ferry terminals,

29  roadside welcome stations, highway service plazas, airports

30  served by regular passenger service, and highway rest stations

31  is exempt from the prohibition in this subsection.

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 1         Section 5.  Section 386.2045, Florida Statutes, is

 2  created to read:

 3         386.2045  Enclosed indoor workplaces; specific

 4  exceptions.--Notwithstanding s. 386.204(1), tobacco smoking

 5  may be permitted in each of the following places:

 6         (1)  PRIVATE RESIDENCE.--A private residence whenever

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

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

 9         (2)  RETAIL TOBACCO SHOP.--Any enclosed indoor

10  workplace dedicated to or predominantly for the retail sale of

11  tobacco, tobacco products, and accessories for such products,

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

13  incidental. Any enclosed indoor workplace of a business that

14  manufactures, imports, or distributes tobacco products or of a

15  tobacco leaf dealer is a business dedicated to or

16  predominantly for the retail sale of tobacco and tobacco

17  products when, as a necessary and integral part of the process

18  of making, manufacturing, importing, or distributing a tobacco

19  product for the eventual retail sale of such tobacco or

20  tobacco product, tobacco is heated, burned, or smoked or a

21  lighted tobacco product is tested.

22         (3)  DESIGNATED SMOKING GUEST ROOM.--A designated

23  smoking guest room at a public lodging establishment.

24         (4)  STAND-ALONE BAR.--Any place of business that

25  during all times of operation is devoted predominantly or

26  totally to serving alcoholic beverages, intoxicating

27  beverages, or intoxicating liquors, or any combination

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

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

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

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

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 1  indoor area with, any other enclosed indoor workplace,

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

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

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

 5  indoor area with a package store.  A business must not derive

 6  more than 25 percent of its gross revenue from the sale of

 7  food.

 8         (5)  SMOKING-CESSATION PROGRAM, MEDICAL RESEARCH, OR

 9  SCIENTIFIC RESEARCH.--Any enclosed indoor workplace or public

10  place, to the extent that tobacco smoking is an integral part

11  of a smoking-cessation program, medical research, or

12  scientific research. Each room in which tobacco smoking is

13  permitted must comply with the signage requirements for a

14  designated smoking room in s. 386.206.

15         (6)  EXPRESSIVE ACTIVITY.--Any enclosed indoor

16  workplace or public place, to the extent that tobacco smoking

17  is an integral part of expressive speech or activity,

18  including, but not limited to, a production by the

19  entertainment industry as defined in s. 288.125, and an

20  exhibition of the arts as defined in s. 265.283. Each room in

21  which tobacco smoking is permitted as part of an expressive

22  speech or activity must comply with the signage requirements

23  for a designated smoking room in s. 386.206.

24         (7)  STATE CORRECTIONAL FACILITIES.--Any state

25  correctional facility to the extent that tobacco smoking is

26  not prohibited under s. 944.115.

27         Section 6.  Section 386.205, Florida Statutes, is

28  amended to read:

29         386.205  Designation of smoking rooms areas.--

30  

31  

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 1         (1)  A smoking room areas may be designated by the

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

 3  room must conform to the following requirements:

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

 5  386.203, must not be performed in the room at any given time.

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

 7  for at least 30 minutes before any essential services are

 8  performed in the room.

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

10  barriers that are impenetrable by second-hand tobacco smoke

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

12  common area or an enclosed indoor workplace.

13         (d)  Each smoking room must remove second-hand tobacco

14  smoke from the room using a mechanical air purification system

15  that removes no less than 99.97 percent of particles that are

16  .3 microns and larger and must not share a heating,

17  ventilating, or air-conditioning system (HVAC system) with any

18  enclosed indoor workplace.

19         (e)  Each smoking room must comply with the signage

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

21  existing physical barriers and ventilation systems shall be

22  used to minimize smoke in adjacent nonsmoking areas. This

23  provision shall not be construed to require fixed structural

24  or other physical modifications in providing these areas or to

25  require operation of any existing heating, ventilating, and

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

27  decreases its energy efficiency or increases its electrical

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

29  require installation of new or additional HVAC systems.

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

31  elevator, school bus, public means of mass transportation

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

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

 3  facility, library, courtroom, jury waiting and deliberation

 4  room, museum, theater, auditorium, arena, recreational

 5  facility, retail store except as provided in s. 385.2045,

 6  grocery store, county health department, day care center,

 7  school or other educational facility, or any common area as

 8  defined in s. 386.203. However, a patient's room in a

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

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

11  the attending physician and agreed to by all patients assigned

12  to that room.

13         (b)  Notwithstanding anything in this part to the

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

15  care facility may be designated as smoking areas.

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

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

18  policy regarding designation of smoking and nonsmoking areas.

19  Such a policy shall take into consideration the proportion of

20  smokers and nonsmokers.  Employers who make reasonable efforts

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

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

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

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

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

26  footage shall not include private office work space which is

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

28  ordinarily inaccessible to the public.

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

30  footage in any public place within a single enclosed indoor

31  

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 1  area used for a common purpose shall be reserved and

 2  designated as a smoking area.

 3         (b)  The square footage limitation set forth in

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

 5  this part. With respect to such restaurants:

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

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

 8  area designated as a smoking area.

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

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

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

12         (3)(5)  A smoking room area may not contain common

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

14         (4)(6)  Each state agency may adopt rules for

15  administering this section which take into consideration the

16  provisions of this part.

17         Section 7.  Section 386.206, Florida Statutes, is

18  amended to read:

19         386.206  Posting of signs.--The person in charge of a

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

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

22  smoking room area signs stating that smoking is permitted in

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

24  section must shall have letters of reasonable size which can

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

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

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

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

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

30  DESIGNATED SMOKING ROOMS AREAS" signs as appropriate.

31  

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 1         Section 8.  Section 386.207, Florida Statutes, is

 2  amended to read:

 3         386.207  Administration; enforcement; civil penalties;

 4  exceptions exemptions.--

 5         (1)  The department and the Department of Business and

 6  Professional Regulation or the division shall enforce this

 7  part ss. 386.205 and 386.206 and to implement such enforcement

 8  shall adopt, in consultation with the Department of

 9  Agriculture and Consumer Services and the State Fire Marshal,

10  rules specifying procedures to be followed by enforcement

11  personnel in investigating complaints and notifying alleged

12  violators, rules defining types of cases for which exceptions

13  exemptions may be granted, and rules specifying procedures by

14  which appeals may be taken by aggrieved parties.

15         (2)  Public agencies responsible for the management and

16  maintenance of government buildings shall report observed

17  violations to the department and the Department of Business

18  and Professional Regulation or division.  The State Fire

19  Marshal shall report to the department and the Department of

20  Business and Professional Regulation or division observed

21  violations of this part ss. 386.205 and 386.206 found during

22  its periodic inspections conducted under pursuant to its

23  regulatory authority.  The department and the Department of

24  Business and Professional Regulation or the division, upon

25  notification of observed violations of this part ss. 386.205

26  and 386.206, shall issue to the proprietor or other person in

27  charge of such public place or enclosed indoor workplace a

28  notice to comply with this part ss. 386.205 and 386.206.  If

29  the such person fails to comply within 30 days after receipt

30  of the such notice, the department and the Department of

31  Business and Professional Regulation or the division shall

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 1  assess a civil penalty against him or her not to exceed $1,000

 2  $100 for the first violation and not to exceed $2,500 $500 for

 3  each subsequent violation. The imposition of the such fine

 4  must shall be in accordance with the provisions of chapter

 5  120.  If a person refuses to comply with this part ss. 386.205

 6  and 386.206, after having been assessed such penalty, the

 7  department and the Department of Business and Professional

 8  Regulation or the division may file a complaint in the circuit

 9  court of the county in which the such public place or enclosed

10  indoor workplace is located to require compliance.

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

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

13  The department or the division may grant exemptions on a

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

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

16  extraordinary circumstances exist.

17         (3)(4)  All fine moneys collected pursuant to this

18  section shall be used by the department for children's medical

19  services programs pursuant to the provisions of part I of

20  chapter 391.

21         Section 9.  Section 386.208, Florida Statutes, is

22  amended to read:

23         386.208  Penalties.--Any person who violates s. 386.204

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

25  775.08(3), punishable by a fine of not more than $1,000 $100

26  for the first violation and not more than $2,500 $500 for each

27  subsequent violation.  Jurisdiction shall be with the

28  appropriate county court.

29         Section 10.  Section 386.209, Florida Statutes, is

30  reenacted to read:

31  

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 1         386.209  Regulation of smoking preempted to

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

 3  the state and supersedes any municipal or county ordinance on

 4  the subject.

 5         Section 11.  Section 386.211, Florida Statutes, is

 6  amended to read:

 7         386.211  Public announcements in mass transportation

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

 9  Act shall be made regularly over public address systems in

10  terminals of public transportation carriers located in

11  metropolitan statistical areas with populations over 230,000

12  according to the latest census.  These announcements shall be

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

14  appropriate languages.  Each announcement must shall include a

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

16  state and that smoking is allowed only in designated smoking

17  rooms areas.

18         Section 12.  Section 386.212, Florida Statutes, is

19  amended to read:

20         386.212  Smoking prohibited near school property;

21  penalty.--

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

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

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

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

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

27  moving vehicle or within a private residence.

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

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

30  person violating the provisions of this section.  Any such

31  citation must contain:

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 1         (a)  The date and time of issuance.

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

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

 4  committed.

 5         (d)  The statute violated.

 6         (e)  The facts constituting the violation.

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

 8  officer.

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

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

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

12  not to contest the citation.

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

14  to contest the citation.

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

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

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

18  hours of community service or, where available, successful

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

20  suspension" program.

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

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

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

24  by the court.

25         Section 13.  Section 386.2125, Florida Statutes, is

26  created to read:

27         386.2125  Rulemaking.--The department shall, in

28  consultation with the State Fire Marshal, the Department of

29  Agriculture and Consumer Services, and the Department of

30  Business and Professional Regulation, have the authority to

31  

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 1  adopt rules pursuant to ss. 120.536(1) and 120.54 to implement

 2  the provisions of this part.

 3         Section 14.  Section 386.213, Florida Statutes, is

 4  created to read:

 5         386.213  Effect of invalidity; penalties.--If a term

 6  defined in s. 386.203 or an exception provided in s. 386.2045

 7  is held invalid:

 8         (1)  The term or exception must be reviewed by the

 9  Legislature at the next regular session.

10         (2)  The penalties provided in ss. 386.207 and 386.208

11  may not be applied to a place described in the term or

12  exception until the term or exception is repealed and the

13  Legislature reenacts a penalty.

14         Section 15.  If any provision of this act or its

15  application to any person or circumstance is held invalid, the

16  invalidity does not affect other provisions or applications of

17  the act that can be given effect without the invalid provision

18  or application, and to this end the provisions of this act are

19  declared severable.

20         Section 16.  This act shall take effect July 1, 2003.

21  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          CS for SB 742

 3                                 

 4  The committee substitute for CS/SB 742 expresses the
    legislative intent that the act is not intended to inhibit or
 5  obstruct smoking cessation programs, medical research or
    scientific research in this state. It makes a legislative
 6  finding that tobacco smoking in such activities does not
    present a credible public health hazard from second-hand
 7  smoke. The bill provides a legislative finding that the
    performance of essential services does not transform a
 8  non-workplace into a workplace.

 9  The substitute restricts smoking in restaurant workplaces that
    are no more than 25 percent bounded. Exceptions for membership
10  organizations and designated smoking rooms are deleted, but
    the bill clarifies the definition of workplace to exclude
11  these places from the definition. Requirements that would have
    imposed advertising and notice requirements on restaurants are
12  deleted.

13  A provision provides that a stand-alone bar must maintain at
    least 25 percent of its gross revenue from the sale of food
14  and requires that designated smoking rooms use an air
    purification system. Enclosed indoor workplaces of a business
15  that manufactures, imports, or distributes tobacco products or
    of a tobacco leaf dealer are exempt. Tobacco smoking, to the
16  extent it is an integral part of a smoking cessation program,
    medical research, and scientific research is exempt. An
17  exception is also provided for expressive speech or activity,
    including, but not limited to, production by the entertainment
18  industry, and an exhibition of the arts.

19  The bill directs the enforcement of the act by the Department
    of Health and the Department of Business and Professional
20  Regulation and provides increases in penalties for violations.

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