SENATE AMENDMENT
    Bill No. CS for SB 44-A
    Amendment No. ___   Barcode 914128
                            CHAMBER ACTION
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11  Senator Diaz de la Portilla moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 16, lines 8 - 26, delete those lines
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16  and insert:  
17         Section 13.  Section 386.2125, Florida Statutes, is
18  created to read:
19         386.2125  Rulemaking.--The department and the
20  Department of Business and Professional Regulation, shall, in
21  consultation with the State Fire Marshal, have the authority
22  to adopt rules pursuant to ss. 120.536(1) and 120.54 to
23  implement the provisions of this part.
24         Section 14.  Section 561.695, Florida Statutes, is
25  created to read:
26         561.695  Stand-alone bar enforcement; penalties.--
27          (1)  The division shall designate as a stand-alone bar
28  in which tobacco smoking is permitted the licensed premises of
29  a vendor that operates a business that meets the definition of
30  a stand-alone bar in s. 386.203(11) upon receipt of the
31  vendor's election to permit tobacco smoking in the licensed
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    3:51 PM   05/21/03                              s0044A.ri36.1e

SENATE AMENDMENT Bill No. CS for SB 44-A Amendment No. ___ Barcode 914128 1 premises. 2 (2) Only the licensed vendor may provide or serve food 3 on the licensed premises of a stand-alone bar. Other than 4 customary bar snacks as defined by rule of the Department of 5 Business and Professional Regulation, the licensed vendor may 6 not provide or serve food to a person on the licensed premises 7 without requiring the person to pay a separately stated charge 8 for the food that reasonably approximates the retail value of 9 the food. 10 (3) The Division of Alcoholic Beverages and Tobacco 11 shall have the power to enforce the provisions of part II of 12 chapter 386 and to audit a vendor that operates a business 13 that meets the definition of a stand-alone bar as provided in 14 s. 386.203(11). 15 (4) The division shall adopt rules required for the 16 effective enforcement and administration of this section and 17 part II of chapter 386. The division is authorized to adopt 18 emergency rules pursuant to s. 120.54(4) to implement the 19 provisions of this section. 20 (5) Any vendor that operates a business that meets the 21 definition of a stand-alone bar as provided in s. 386.203(11) 22 who violates the provisions of this section or part II of 23 chapter 386 shall be subject to the following penalties: 24 (a) For the first violation the vendor shall be 25 subject to a warning; 26 (b) For the second violation within a two year period 27 of the first violation the vendor shall be subject to a fine 28 of $500 to $2000; 29 (c) For the third violation within a two year period 30 of the first violation the vendor shall be subject to a 30 day 31 suspension of the right to maintain a stand-alone bar in which 2 3:51 PM 05/21/03 s0044A.ri36.1e
SENATE AMENDMENT Bill No. CS for SB 44-A Amendment No. ___ Barcode 914128 1 tobacco smoking is permitted; 2 (d) For the fourth subsequent violation the vendor 3 shall be subject to a 60 day suspension of the right to 4 maintain a stand-alone bar in which tobacco smoking is 5 permitted; and 6 (e) For the fifth subsequent violation the vendor 7 shall be subject to a revocation of the right to maintain a 8 stand-alone bar in which tobacco smoking is permitted. 9 (6) On or after July 1, 2003, a vendor operating a 10 business intending to be designated as a stand-alone bar as 11 provided in this section shall post a notice of such intention 12 at the same location where the vendor's current alcoholic 13 beverage license is posted. The notice shall affirm the 14 vendor's intent to comply with the conditions and 15 qualifications of a stand-alone bar imposed pursuant to part 16 II of chapter 386, Florida Statutes, and the Beverage Law. 17 The vendor must have received the stand-alone bar designation 18 in order to allow smoking in the enclosed indoor workplace. 19 Section 15. If any provision of this act or the 20 application thereof to any person or circumstance is held 21 invalid, the invalidity shall not affect other provisions or 22 applications of the act which can be given effect without the 23 invalid provision or application, and to this end the 24 provisions of this act are declared severable. 25 Section 16. If any law amended by this act was also 26 amended by a law enacted at the 2003 Regular Session of the 27 Legislature, such laws shall be construed as if they had been 28 enacted during the same session of the Legislature, and full 29 effect shall be given to each if possible. 30 31 3 3:51 PM 05/21/03 s0044A.ri36.1e
SENATE AMENDMENT Bill No. CS for SB 44-A Amendment No. ___ Barcode 914128 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 2, line 1, after the semicolon, 4 5 insert: 6 creating s. 561.695, F.S.; providing for 7 designation of stand-alone bars; providing for 8 rulemaking; providing for enforcement; 9 providing for penalties 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 3:51 PM 05/21/03 s0044A.ri36.1e