SENATE AMENDMENT
Bill No. CS for SB 44-A, 1st Eng.
Amendment No. ___ Barcode 262410
CHAMBER ACTION
Senate House
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11 Senator Diaz de la Portilla moved the following amendment:
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13 Senate Amendment
14 On page 14, line 5, through page 15, line 20, delete
15 those lines
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17 and insert:
18 (1) The department or the Division of Hotels and
19 Restaurants or the Division of Alcoholic Beverages and Tobacco
20 of the Department of Business and Professional Regulation or
21 the division shall enforce this part based upon each
22 department's specific areas of regulatory authority ss.
23 386.205 and 386.206 and to implement such enforcement shall
24 adopt, in consultation with the State Fire Marshal, rules
25 specifying procedures to be followed by enforcement personnel
26 in investigating complaints and notifying alleged violators,
27 rules defining types of cases for which exemptions may be
28 granted, and rules specifying procedures by which appeals may
29 be taken by aggrieved parties.
30 (2) Public agencies responsible for the management and
31 maintenance of government buildings shall report observed
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12:36 PM 05/27/03 s0044A.ri36.1f
SENATE AMENDMENT
Bill No. CS for SB 44-A, 1st Eng.
Amendment No. ___ Barcode 262410
1 violations to the department or division. The State Fire
2 Marshal shall report to the department or division observed
3 violations of this part ss. 386.205 and 386.206 found during
4 its periodic inspections conducted under pursuant to its
5 regulatory authority.
6 (3) The department or the Division of Hotels and
7 Restaurants or the Division of Alcoholic Beverages and Tobacco
8 of the Department of Business and Professional Regulation or
9 the division, upon notification of observed violations of this
10 part ss. 386.205 and 386.206, shall issue to the proprietor or
11 other person in charge of such enclosed indoor workplace
12 public place a notice to comply with this part ss. 386.205 and
13 386.206. If the such person fails to comply within 30 days
14 after receipt of the such notice, the department or the
15 Division of Hotels and Restaurants or the Division of
16 Alcoholic Beverages and Tobacco of the Department of Business
17 and Professional Regulation division shall assess a civil
18 penalty against the person of not less than $250 and him or
19 her not to exceed $750 $100 for the first violation and not
20 less than $500 and not to exceed $2,000 $500 for each
21 subsequent violation. The imposition of the such fine must
22 shall be in accordance with the provisions of chapter 120. If
23 a person refuses to comply with this part ss. 386.205 an d
24 386.206, after having been assessed such penalty, the
25 department or the Division of Hotels and Restaurants or the
26 Division of Alcoholic Beverages and Tobacco of the Department
27 of Business and Professional Regulation division may file a
28 complaint in the circuit court of the county in which the
29 enclosed indoor workplace such public place is located to
30 require compliance.
31 (3) A person may request an exemption from ss. 386.205
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12:36 PM 05/27/03 s0044A.ri36.1f
SENATE AMENDMENT
Bill No. CS for SB 44-A, 1st Eng.
Amendment No. ___ Barcode 262410
1 and 386.206 by applying to the department or the division.
2 The department or the division may grant exemptions on a
3 case-by-case basis where it determines that substantial good
4 faith efforts have been made to comply or that emergency or
5 extraordinary circumstances exist.
6 (4) All fine moneys collected pursuant to this section
7 shall be used by the department for children's medical
8 services programs pursuant to the provisions of part I of
9 chapter 391.
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12:36 PM 05/27/03 s0044A.ri36.1f