SENATE AMENDMENT
Bill No. CS for SB 44-A
Amendment No. ___ Barcode 394004
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 2, line 9, through page 7, line 4, delete those
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17 and insert:
18 Section 1. Section 386.201, Florida Statutes, is
19 amended to read:
20 386.201 Popular name Short title.--This part may be
21 cited by the popular name as the "Florida Clean Indoor Air
22 Act."
23 Section 2. Section 386.202, Florida Statutes, is
24 amended to read:
25 386.202 Legislative intent.--The purpose of this part
26 is to protect people from the public health hazards of
27 second-hand, comfort, and environment by creating areas in
28 public places and at public meetings that are reasonably free
29 from tobacco smoke and to implement the Florida health
30 initiative in s. 20, Art. X of the State Constitution by
31 providing a uniform statewide maximum code. It is the intent
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Bill No. CS for SB 44-A
Amendment No. ___ Barcode 394004
1 of the Legislature to not inhibit, or otherwise obstruct,
2 medical or scientific research or smoking-cessation programs
3 approved by the Department of Health. This part shall not be
4 interpreted to require the designation of smoking areas.
5 However, it is the intent of the Legislature to discourage the
6 designation of any area within a government building as a
7 smoking area.
8 Section 3. Section 386.203, Florida Statutes, is
9 amended to read:
10 386.203 Definitions.--As used in this part:
11 (1) "Commercial" use of a private residence means any
12 time during which the owner, lessee, or other person occupying
13 or controlling the use of the private residence is furnishing
14 in the private residence, or causing or allowing to be
15 furnished in the private residence, child care, adult care, or
16 health care, or any combination thereof, and receiving or
17 expecting to receive compensation therefor.
18 (2) "Common area" means a hallway, corridor, lobby,
19 aisle, water fountain area, restroom, stairwell, entryway, or
20 conference room in a customs area of an airport terminal under
21 the authority and control of the Bureau of Customs and Border
22 Protection of the United States Department of Homeland
23 Security.
24 (3) "Department" means the Department of Health.
25 (4) "Designated smoking guest rooms at public lodging
26 establishments" means the sleeping rooms and directly
27 associated private areas, such as bathrooms, living rooms, and
28 kitchen areas, if any, rented to guests for their exclusive
29 transient occupancy in public lodging establishments,
30 including hotels, motels, resort condominiums, transient
31 apartments, transient lodging establishments, rooming houses,
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Amendment No. ___ Barcode 394004
1 boarding houses, resort dwellings, bed and breakfast inns, and
2 the like; and designated by the person or persons having
3 management authority over such public lodging establishment as
4 rooms in which smoking may be permitted.
5 (5) "Enclosed indoor workplace" means any place where
6 one or more persons engages in work, and which place is
7 predominantly or totally bounded on all sides and above by
8 physical barriers, regardless of whether such barriers consist
9 of or include, without limitation, uncovered openings,
10 screened or otherwise partially covered openings; or open or
11 closed windows, jalousies, doors, or the like. A place is
12 "predominantly" bounded by physical barriers during any time
13 when both of the following conditions exist:
14 (a) it is more than 50% covered from above by a
15 physical barrier that excludes rain, and
16 (b) more than 50% of the combined surface area of its
17 sides is covered by closed physical barriers. In calculating
18 the percentage of side surface area covered by closed physical
19 barriers, all solid surfaces that block air flow, except
20 railings, must be considered as closed physical barriers.
21 This section applies to all such enclosed indoor workplaces
22 and enclosed parts thereof without regard to whether work is
23 occurring at any given time.
24 (c) The term does not include any facility owned or
25 leased by and used exclusively for noncommercial activities
26 performed by the members and guests of a membership
27 association, including social gatherings, meetings, dining,
28 and dances, if no person or persons are engaged in work as
29 defined in subsection (12).
30 (6) "Essential services" means those services that are
31 essential to the maintenance of any enclosed indoor
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1 room, including, but not limited to, janitorial services,
2 repairs, or renovations.
3 (7) "Physical barrier" includes an uncovered opening,
4 a screened or otherwise partially covered opening, or an open
5 or closed window, jalousie, or door.
6 (8) "Retail tobacco shop" means any enclosed indoor
7 workplace dedicated to or predominantly for the retail sale of
8 tobacco, tobacco products, and accessories for such products,
9 in which the sale of other products or services is merely
10 incidental. Any enclosed indoor workplace of a business that
11 manufactures, imports, or distributes tobacco products or of a
12 tobacco leaf dealer is a business dedicated to or
13 predominantly for the retail sale of tobacco and tobacco
14 products when, as a necessary and integral part of the process
15 of making, manufacturing, importing, or distributing a tobacco
16 product for the eventual retail sale of such tobacco or
17 tobacco product, tobacco is heated, burned, or smoked or a
18 lighted tobacco product is tested.
19 (9) "Second-hand smoke," also known as environmental
20 tobacco smoke (ETS), means smoke emitted from lighted,
21 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 (10)(4) "Smoking" means inhaling, exhaling, burning,
25 carrying, or possessing any possession of a lighted tobacco
26 product, including cigarettes, cigars, pipe tobacco, and
27 cigarette, lighted cigar, lighted pipe, or any other lighted
28 tobacco product.
29 (11) "Stand-alone bar" means any licensed premises
30 devoted during any time of operation predominantly or totally
31 to serving alcoholic beverages, intoxicating beverages, or
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1 intoxicating liquors, or any combination thereof, for
2 consumption on the licensed premises; in which the serving of
3 food, if any, is merely incidental to the consumption of any
4 such beverage; and the licensed premises is not located
5 within, and does not share any common entryway or common
6 indoor area with, any other enclosed indoor workplace,
7 including any business for which the sale of food or any other
8 product or service is more than an incidental source of gross
9 annual revenue. A place of business constitutes a stand-alone
10 bar in which the service of food is merely incidental in
11 accordance with this subsection if the licensed premises
12 derives no more than 10 percent of its annual gross revenue
13 from the sale of food consumed on the licensed premises.
14 (12) "Work" means any person's providing any
15 employment or employment-type service for or at the request of
16 another individual or individuals or any public or private
17 entity, whether for compensation or not, whether full or part
18 time, whether legally or not. "Work" includes, without
19 limitation, any such service performed by an employee,
20 independent contractor, agent, partner, proprietor, manager,
21 officer, director, apprentice, trainee, associate, servant,
22 volunteer, and the like. The term does not include
23 noncommercial activities performed by members of a membership
24 association.
25 (13) "Membership association" means a charitable,
26 nonprofit, or veterans' organization that holds a current
27 exemption under s. 501(c)(3), s. 501(c)(4), s. 501(c)(7), s.
28 501(c)(8), s. 501(c)(10), s. 501(c)(19), or s. 501(d) of the
29 Internal Revenue Code.
30 (1) "Public place" means the following enclosed,
31 indoor areas used by the general public:
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Amendment No. ___ Barcode 394004
1 (a) Government buildings;
2 (b) Public means of mass transportation and their
3 associated terminals not subject to federal smoking
4 regulation;
5 (c) Elevators;
6 (d) Hospitals;
7 (e) Nursing homes;
8 (f) Educational facilities;
9 (g) Public school buses;
10 (h) Libraries;
11 (i) Courtrooms;
12 (j) Jury waiting and deliberation rooms;
13 (k) Museums;
14 (l) Theaters;
15 (m) Auditoriums;
16 (n) Arenas;
17 (o) Recreational facilities;
18 (p) Restaurants;
19 (q) Retail stores, except a retail store the primary
20 business of which is the sale of tobacco or tobacco related
21 products;
22 (r) Grocery stores;
23 (s) 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 (3) "Public meeting" means all meetings open to the
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Bill No. CS for SB 44-A
Amendment No. ___ Barcode 394004
1 public, including meetings of homeowner, condominium, or
2 renter or tenant associations unless such meetings are held in
3 a private residence.
4 (5) "Smoking area" means any designated area meeting
5 the requirements of ss. 386.205 and 386.206.
6 (6) "Common area" means any hallway, corridor, lobby,
7 aisle, water fountain area, restroom, stairwell, entryway, or
8 conference room in any public place.
9 (7) "Department" means the Department of Health.
10 (8) "Division" means the Division of Hotels and
11 Restaurants of the Department of Business and Professional
12 Regulation.
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