HOUSE AMENDMENT Bill No. HB 63A
1	CHAMBER ACTION
2	Senate House
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12	Representative Kallinger and Prieguez offered the following:
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14	Substitute Amendment for Amendment (984583) (with directory
15	and title amendments)
16	Remove everything after the enacting clause, and insert:
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18	Section 1. Section 386.201, Florida Statutes, is amended
19	to read:
20	386.201 Popular nameShort title.--This part may be cited
21	by the popular nameasthe "Florida Clean Indoor Air Act."
22	Section 2. Section 386.202, Florida Statutes, is amended
23	to read:
24	386.202 Legislative intent.--The purpose of this part is
25	to protect people from the public health hazards of second-hand
26	, comfort, and environment by creating areas in public places
27	and at public meetings that are reasonably free fromtobacco
28	smoke and to implement the Florida health initiative in s. 20,
29	Art. X of the State Constitutionby providing a uniform
30	statewide maximum code. This part shall not be interpreted to
31	require the designation of smoking areas. However, it is the
32	intent of the Legislature to discourage the designation of any
33	area within a government building as a smoking area.It is the
34	intent of the Legislature to not inhibit, or otherwise obstruct,
35	medical or scientific research or smoking-cessation programs
36	conducted by a medical research facility in this state.
37	Section 3. Section 386.203, Florida Statutes, is amended
38	to read:
39	386.203 Definitions.--As used in this part:
40	(1) "Commercial" use of a private residence means any time
41	during which the owner, lessee, or other person occupying or
42	controlling the use of the private residence is furnishing in
43	the private residence, or causing or allowing to be furnished in
44	the private residence, child care, adult care, or health care,
45	or any combination thereof, and receiving or expecting to
46	receive compensation therefor.
47	(2) “Common area” means a hallway, corridor, lobby, aisle,
48	water fountain area, restroom, stairwell, entryway, or
49	conference room in a customs area of an airport terminal under
50	the authority and control of the Bureau of Customs and Border
51	Protection of the United States Department of Homeland Security.
52	(3) “Department” means the Department of Health.
53	(4) "Designated smoking guest rooms at public lodging
54	establishments" means the sleeping rooms and directly associated
55	private areas, such as bathrooms, living rooms, and kitchen
56	areas, if any, rented to guests for their exclusive transient
57	occupancy in public lodging establishments, including hotels,
58	motels, resort condominiums, transient apartments, transient
59	lodging establishments, rooming houses, boarding houses, resort
60	dwellings, bed and breakfast inns, and the like; and designated
61	by the person or persons having management authority over such
62	public lodging establishment as rooms in which smoking may be
63	permitted.
64	(5) "Enclosed indoor workplace" means any place where one
65	or more persons engages in work, and which place is
66	predominantly or totally bounded on all sides and above by
67	physical barriers, regardless of whether such barriers consist
68	of or include uncovered openings, screened or otherwise
69	partially covered openings; or open or closed windows,
70	jalousies, doors, or the like. This section applies to all such
71	enclosed indoor workplaces without regard to whether work is
72	occurring at any given time. The term does not include a
73	workplace that does not have physical barriers of any kind from
74	above; a workplace that is totally or partially bounded from
75	above but of which at least 25 percent of contiguous surface
76	area of the sides is without a physical barrier; or a workplace
77	that is bounded on all sides and above by physical barriers
78	consisting of no more than 50 percent of the total bounded
79	surface area of the workplace.
80	(6) “Essential services” means those services that are
81	essential to the maintenance of any enclosed indoor room,
82	including, but not limited to, janitorial services, repairs, or
83	renovations.
84	(7) “Physical barrier” includes an uncovered opening, a
85	screened or otherwise partially covered opening, or an open or
86	closed window, jalousie, or door.
87	(8) "Retail tobacco shop" means any enclosed indoor
88	workplace dedicated to or predominantly for the retail sale of
89	tobacco, tobacco products, and accessories for such products, in
90	which the sale of other products or services is merely
91	incidental. Any enclosed indoor workplace of a business that
92	manufactures, imports, or distributes tobacco products or of a
93	tobacco leaf dealer is a business dedicated to or predominantly
94	for the retail sale of tobacco and tobacco products when, as a
95	necessary and integral part of the process of making,
96	manufacturing, importing, or distributing a tobacco product for
97	the eventual retail sale of such tobacco or tobacco product,
98	tobacco is heated, burned, or smoked or a lighted tobacco
99	product is tested.
100	(9) “Second-hand smoke,” also known as environmental
101	tobacco smoke [ETS], means smoke emitted from lighted,
102	smoldering, or burning tobacco when the smoker is not inhaling;
103	smoke emitted at the mouthpiece during puff drawing; and smoke
104	exhaled by the smoker.
105	(10)(4) "Smoking" means inhaling, exhaling, burning,
106	carrying, or possessing anypossession of a lighted tobacco
107	product, including cigarettes, cigars, pipe tobacco, and
108	cigarette, lighted cigar, lighted pipe, orany other lighted
109	tobacco product.
110	(11) “Stand-alone bar” means any licensed premises devoted
111	during any time of operation predominantly or totally to serving
112	alcoholic beverages, intoxicating beverages, or intoxicating
113	liquors, or any combination thereof, for consumption on the
114	licensed premises; in which the serving of food, if any, is
115	merely incidental to the consumption of any such beverage; and
116	the licensed premises is not located within, and does not share
117	any common entryway or common indoor area with, any other
118	enclosed indoor workplace, including any business for which the
119	sale of food or any other product or service is more than an
120	incidental source of gross annual revenue. A place of business
121	constitutes a stand-alone bar in which the service of food is
122	merely incidental in accordance with this subsection if:
123	(a) The licensed premises derives no more than 10 percent
124	of its annual gross revenue from the sale of food consumed on
125	the licensed premises.
126	(b) The vendor meets the qualifications for and possesses
127	a stand-alone bar smoking permit issued pursuant to s. 561.695.
128	(12) “Work” means any person's providing any employment or
129	employment-type service for or at the request of another
130	individual or individuals or any public or private entity,
131	whether for compensation or not, whether full or part time,
132	whether legally or not. "Work" includes, without limitation, any
133	such service performed by an employee, independent contractor,
134	agent, partner, proprietor, manager, officer, director,
135	apprentice, trainee, associate, servant, volunteer, and the
136	like.
137	(1) "Public place" means the following enclosed, indoor
138	areas used by the general public:
139	(a) Government buildings;
140	(b) Public means of mass transportation and their
141	associated terminals not subject to federal smoking regulation;
142	(c) Elevators;
143	(d) Hospitals;
144	(e) Nursing homes;
145	(f) Educational facilities;
146	(g) Public school buses;
147	(h) Libraries;
148	(i) Courtrooms;
149	(j) Jury waiting and deliberation rooms;
150	(k) Museums;
151	(l) Theaters;
152	(m) Auditoriums;
153	(n) Arenas;
154	(o) Recreational facilities;
155	(p) Restaurants;
156	(q) Retail stores, except a retail store the primary
157	business of which is the sale of tobacco or tobacco related
158	products;
159	(r) Grocery stores;
160	(s) Places of employment;
161	(t) Health care facilities;
162	(u) Day care centers; and
163	(v) Common areas of retirement homes and condominiums.
164	(2) "Government building" means any building or any
165	portion of any building owned by or leased to the state or any
166	political subdivision thereof and used for governmental
167	purposes.
168	(3) "Public meeting" means all meetings open to the
169	public, including meetings of homeowner, condominium, or renter
170	or tenant associations unless such meetings are held in a
171	private residence.
172	(5) "Smoking area" means any designated area meeting the
173	requirements of ss. 386.205 and 386.206.
174	(6) "Common area" means any hallway, corridor, lobby,
175	aisle, water fountain area, restroom, stairwell, entryway, or
176	conference room in any public place.
177	(7) "Department" means the Department of Health.
178	Section 4. Section 386.204, Florida Statutes, is amended
179	to read:
180	386.204 Prohibition.--A person may not smoke in an
181	enclosed indoor workplace, except as otherwise provided in s.
182	386.2045a public place or at a public meeting except in
183	designated smoking areas. These prohibitions do not apply in
184	cases in which an entire room or hall is used for a private
185	function and seating arrangements are under the control of the
186	sponsor of the function and not of the proprietor or person in
187	charge of the room or hall.
188	Section 5. Section 386.2045, Florida Statutes, is created
189	to read:
190	386.2045 Enclosed indoor workplaces; specific
191	exceptions.--Notwithstanding s. 386.204, tobacco smoking may be
192	permitted in each of the following places:
193	(1) PRIVATE RESIDENCE.--A private residence whenever
194	it is not being used commercially to provide child care, adult
195	care, or health care, or any combination thereof as defined in
196	s. 386.203(1).
197	(2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace
198	dedicated to or predominantly for the retail sale of tobacco,
199	tobacco products, and accessories for such products, as defined
200	in s. 386.203(8).
201	(3) DESIGNATED SMOKING GUEST ROOM.--A designated smoking
202	guest room at a public lodging establishment as defined in s.
203	386.203(4).
204	(4) STAND-ALONE BAR.--A business that meets the definition
205	of a stand-alone bar as defined in s. 386.203(11) and that
206	otherwise complies with all applicable provisions of the
207	Beverage Law and part II of chapter 386.
208	(5) SMOKING-CESSATION PROGRAM, MEDICAL OR SCIENTIFIC
209	RESEARCH.--An enclosed indoor workplace, to the extent that
210	tobacco smoking is an integral part of a smoking-cessation
211	program conducted by a medical research facility, or medical or
212	scientific research conducted therein. Each room in which
213	tobacco smoking is permitted must comply with the signage
214	requirements in s. 386.206.
215	(6) CUSTOMS SMOKING ROOM.--A customs smoking room in an
216	airport in-transit lounge under the authority and control of the
217	Bureau of Customs and Border Protection of the United States
218	Department of Homeland Security subject to the restrictions
219	contained in s. 386.205.
220	Section 6. Section 386.205, Florida Statutes, is amended
221	to read:
222	386.205 CustomsDesignation of smoking roomsareas.--
223	(1) A customs smoking roomareasmay be designated by the
224	person in charge of an airport in-transit lounge under the
225	authority and control of the Bureau of Customs and Border
226	Protection of the United States Department of Homeland Security
227	a public place. A customs smoking room may only be designated in
228	an airport in-transit lounge under the authority and control of
229	the Bureau of Customs and Border Protection of the United States
230	Department of Homeland Security. A customs smoking room may not
231	be designated in an elevator, restroom, or any common area as
232	defined by s. 386.203. Each customs smoking room must conform to
233	the following requirements:
234	(a) Work, other than essential services defined in s.
235	386.203(6), must not be performed in the room at any given time.
236	(b) Tobacco smoking must not be permitted in the room
237	while any essential services are being performed in the room.
238	(c) Each customs smoking room must be enclosed by physical
239	barriers that are impenetrable by second-hand tobacco smoke and
240	prevent the escape of second-hand tobacco smoke into the
241	enclosed indoor workplace.
242	(d) Each customs smoking room must exhaust tobacco smoke
243	directly to the outside and away from air intake ducts, and be
244	maintained under negative pressure, with respect to surrounding
245	spaces, sufficient to contain tobacco smoke within the room.
246	(e) Each customs smoking room must comply with the signage
247	requirements in s. 386.206.If a smoking area is designated,
248	existing physical barriers and ventilation systems shall be used
249	to minimize smoke in adjacent nonsmoking areas. This provision
250	shall not be construed to require fixed structural or other
251	physical modifications in providing these areas or to require
252	operation of any existing heating, ventilating, and air-
253	conditioning system (HVAC system) in any manner which decreases
254	its energy efficiency or increases its electrical demand, or
255	both, nor shall this provision be construed to require
256	installation of new or additional HVAC systems.
257	(2)(a) A smoking area may not be designated in an
258	elevator, school bus, public means of mass transportation
259	subject only to state smoking regulation, restroom, hospital,
260	doctor's or dentist's waiting room, jury deliberation room,
261	county health department, day care center, school or other
262	educational facility, or any common area as defined in s.
263	386.203. However, a patient's room in a hospital, nursing home,
264	or other health care facility may be designated as a smoking
265	area if such designation is ordered by the attending physician
266	and agreed to by all patients assigned to that room.
267	(b) Notwithstanding anything in this part to the contrary,
268	no more than one-half of the rooms in any health care facility
269	may be designated as smoking areas.
270	(3) In a workplace where there are smokers and nonsmokers,
271	employers shall develop, implement, and post a policy regarding
272	designation of smoking and nonsmoking areas. Such a policy shall
273	take into consideration the proportion of smokers and
274	nonsmokers. Employers who make reasonable efforts to develop,
275	implement, and post such a policy shall be deemed in compliance.
276	An entire area may be designated as a smoking area if all
277	workers routinely assigned to work in that area at the same time
278	agree. With respect to the square footage in any public place as
279	described in subsection (4), this square footage shall not
280	include private office work space which is not a common area as
281	defined in s. 386.203(6) and which is ordinarily inaccessible to
282	the public.
283	(4)(a) No more than one-half of the total square footage
284	in any public place within a single enclosed indoor area used
285	for a common purpose shall be reserved and designated as a
286	smoking area.
287	(b) The square footage limitation set forth in paragraph
288	(a) shall not apply to any restaurant subject to this part. With
289	respect to such restaurants:
290	1. No more than 50 percent of the seats existing in a
291	restaurant's dining room at any time shall be located in an area
292	designated as a smoking area.
293	2. Effective October 1, 2001, no more than 35 percent of
294	the seats existing in a restaurant's dining room at any time
295	shall be located in an area designated as a smoking area.
296	(5) A smoking area may not contain common areas which are
297	expected to be used by the public.
298	(6) Each state agency may adopt rules for administering
299	this section which take into consideration the provisions of
300	this part.
301	Section 7. Section 386.206, Florida Statutes, is amended
302	to read:
303	386.206 Posting of signs; requiring policies.--
304	(1) The person in charge of an enclosed indoor workplace
305	that prior to adoption of s. 20, Art. X of the State
306	Constitution was required to post signs under the requirements
307	of this section must continue toa public place shall
308	conspicuously post, or cause to be posted, in any area
309	designated as a smoking area signs stating that smoking is not
310	permitted in the enclosed indoor workplacesuch area. Each sign
311	posted pursuant to this section mustshallhave letters of
312	reasonable size which can be easily read. The color, design, and
313	precise place of posting of such signs shall be left to the
314	discretion of the person in charge of the premises. In order to
315	increase public awareness, the person in charge of a public
316	place may, at his or her discretion, also post "NO SMOKING
317	EXCEPT IN DESIGNATED AREAS" signs as appropriate.
318	(2) The proprietor or other person in charge of an
319	enclosed indoor workplace must develop and implement a policy
320	regarding the smoking prohibitions established in this part.
321	The policy may include, but is not limited to, procedures to be
322	taken when the proprietor or other person in charge witnesses or
323	is made aware of a violation of s. 386.204 in the enclosed
324	indoor workplace and must include a policy which prohibits an
325	employee from smoking in the enclosed indoor workplace. In order
326	to increase public awareness, the person in charge of a enclosed
327	indoor workplace may, at his or her discretion, post "NO
328	SMOKING" signs as deemed appropriate.
329	(3) The person in charge of an airport terminal that
330	includes a designated customs smoking room must conspicuously
331	post, or cause to be posted, signs stating that no smoking is
332	permitted except in the designated customs smoking room located
333	in the customs area of the airport. Each sign posted pursuant to
334	this section must have letters of reasonable size that can be
335	easily read. The color, design, and precise locations at which
336	such signs are posted shall be left to the discretion of the
337	person in charge of the premises.
338	(4) The proprietor or other person in charge of an
339	enclosed indoor workplace where a smoking cessation program,
340	medical research, or scientific research is conducted or
341	performed must conspicuously post, or cause to be posted, signs
342	stating that smoking is permitted for such purposes in
343	designated areas in the enclosed indoor workplace. Each sign
344	posted pursuant to this section must have letters of reasonable
345	size which can be easily read. The color, design, and precise
346	locations at which such signs are posted shall be left to the
347	discretion of the person in charge of the premises.
348	(5) The provisions of subsection (1) shall expire on July
349	1, 2005.
350	Section 8. Section 386.207, Florida Statutes, is amended
351	to read:
352	386.207 Administration; enforcement; civil penalties;
353	exemptions.--
354	(1) The department and the Department of Business and
355	Professional Regulationor the division shall enforce this part
356	ss. 386.205 and 386.206and to implement such enforcement shall
357	adopt, in consultation with the State Fire Marshal, rules
358	specifying procedures to be followed by enforcement personnel in
359	investigating complaints and notifying alleged violators, rules
360	defining types of cases for which exemptions may be granted,and
361	rules specifying procedures by which appeals may be taken by
362	aggrieved parties.
363	(2) Public agencies responsible for the management and
364	maintenance of government buildings shall report observed
365	violations to the department and the Department of Business and
366	Professional Regulationor division. The State Fire Marshal
367	shall report to the department and the Department of Business
368	and Professional Regulationor division observed violations of
369	this partss. 386.205 and 386.206found during its periodic
370	inspections conducted underpursuant toits regulatory
371	authority. The department and the Department of Business and
372	Professional Regulationor the division, upon notification of
373	observed violations of this partss. 386.205 and 386.206, shall
374	issue to the proprietor or other person in charge of such
375	enclosed indoor workplacepublic place a notice to comply with
376	this partss. 386.205 and 386.206. If thesuchperson fails to
377	comply within 30 days after receipt of thesuchnotice, the
378	department or the Department of Business and Professional
379	Regulationdivision shall assess a civil penalty against the
380	person of not less than $250 andhim or her not to exceed $750
381	$100 for the first violation and not less than $500 andnot to
382	exceed $2,000$500for each subsequent violation. The imposition
383	of thesuch fine mustshall be in accordance with the provisions
384	of chapter 120. If a person refuses to comply with this partss.
385	386.205 and 386.206, after having been assessed such penalty,
386	the department or the Department of Business and Professional
387	Regulationdivisionmay file a complaint in the circuit court of
388	the county in which the enclosed indoor workplacesuch public
389	placeis located to require compliance.
390	(3) A person may request an exemption from ss. 386.205 and
391	386.206 by applying to the department or the division. The
392	department or the division may grant exemptions on a case-by-
393	case basis where it determines that substantial good faith
394	efforts have been made to comply or that emergency or
395	extraordinary circumstances exist.
396	(3)(4)All fine moneys collected pursuant to this section
397	shall be used by the department for children's medical services
398	programs pursuant to the provisions of part I of chapter 391.
399	Section 9. Section 386.208, Florida Statutes, is amended
400	to read:
401	386.208 Penalties.--Any person who violates s. 386.204
402	commits a noncriminal violation as definedprovided forin s.
403	775.08(3), punishable by a fine of not more than $100 for the
404	first violation and not more than $500 for each subsequent
405	violation. Jurisdiction shall be with the appropriate county
406	court.
407	Section 10. Section 386.209, Florida Statutes, is
408	reenacted to read:
409	386.209 Regulation of smoking preempted to state.--This
410	part expressly preempts regulation of smoking to the state and
411	supersedes any municipal or county ordinance on the subject.
412	Section 11. Section 386.211, Florida Statutes, is amended
413	to read:
414	386.211 Public announcements in mass transportation
415	terminals.--Announcements about the Florida Clean Indoor Air Act
416	shall be made regularly over public address systems in terminals
417	of public transportation carriers located in metropolitan
418	statistical areas with populations over 230,000 according to the
419	latest census. These announcements shall be made at least every
420	30 minutes and shall be made in appropriate languages. Each
421	announcement mustshallinclude a statement to the effect that
422	Florida is a clean indoor air state and that smoking is not
423	allowed except as provided in this partonly in designated
424	areas.
425	Section 12. Section 386.212, Florida Statutes, is
426	reenacted and amended to read:
427	386.212 Smoking prohibited near school property;
428	penalty.--
429	(1) It is unlawful for any person under 18 years of age to
430	smoke tobacco in, on, or within 1,000 feet of the real property
431	comprising a public or private elementary, middle, or secondary
432	school between the hours of 6 a.m. and midnight. This section
433	doesshallnot apply to any person occupying a moving vehicle or
434	within a private residence.
435	(2) A law enforcement officer may issue a citation in such
436	form as prescribed by a county or municipality to any person
437	violating the provisions of this section. Any such citation must
438	contain:
439	(a) The date and time of issuance.
440	(b) The name and address of the person cited.
441	(c) The date and time the civil infraction was committed.
442	(d) The statute violated.
443	(e) The facts constituting the violation.
444	(f) The name and authority of the law enforcement officer.
445	(g) The procedure for the person to follow to pay the
446	civil penalty, to contest the citation, or to appear in court.
447	(h) The applicable civil penalty if the person elects not
448	to contest the citation.
449	(i) The applicable civil penalty if the person elects to
450	contest the citation.
451	(3) Any person issued a citation pursuant to this section
452	shall be deemed to be charged with a civil infraction punishable
453	by a maximum civil penalty not to exceed $25, or 50 hours of
454	community service or, where available, successful completion of
455	a school-approved anti-tobacco "alternative to suspension"
456	program.
457	(4) Any person who fails to comply with the directions on
458	the citation shall be deemed to waive his or her right to
459	contest the citation and an order to show cause may be issued by
460	the court.
461	Section 13. Section 386.2125, Florida Statutes, is created
462	to read:
463	386.2125 Rulemaking.--The department shall, in
464	consultation with the State Fire Marshal and the Department of
465	Business and Professional Regulation, have the authority to
466	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
467	the provisions of this part.
468	Section 14. Section 561.695, Florida Statutes, is created
469	to read:
470	561.695 Stand-alone bar smoking permit.--
471	(1) A vendor operating a business that meets the
472	definition of a stand-alone bar as provided in s. 386.203(11)
473	and that possesses all required state and local licenses
474	pertaining to the sale or service of alcoholic beverages or
475	food, and provides proof to the division of such licensure may
476	obtain a stand-alone bar smoking permit upon the filing of a
477	properly completed application and payment of a permit fee of
478	$150.
479	(2) Only the licensed vendor may provide or serve food on
480	the licensed premises of a stand-alone bar. Other than customary
481	bar snacks as defined by rule of the Department of Business and
482	Professional Regulation, the licensed vendor may not provide or
483	serve food to a person on the licensed premises without
484	requiring the person to pay a separately stated charge for the
485	food that reasonably approximates the retail value of the food.
486	(3) Notwithstanding the permit fee assessed in subsection
487	(1), a licensed vendor operating a business that meets the
488	definition of a stand-alone bar as defined in s. 386.203(11) may
489	obtain a nonfood service stand-alone bar smoking permit upon the
490	filing of a properly completed application.
491	(a) In order to obtain a nonfood service stand-alone bar
492	smoking permit, the only food provided by the business, or in
493	any other way present or brought onto the premises for
494	consumption by patrons, is limited to nonperishable snack food
495	items commercially prepackaged off the premises of the stand-
496	alone bar and served without additions or preparation; except
497	that a stand-alone bar may pop popcorn for consumption on its
498	premises, provided that the equipment used to pop the popcorn is
499	not used to prepare any other food for patrons; and
500	(b) The stand-alone bar does not at any time use any
501	common area, food storage area, food preparation area, or air-
502	conditioning, heating, ventilation, or air filtration system
503	that is at any time used as or by a restaurant.
504	(4) A vendor operating a stand-alone bar must
505	conspicuously post signs at each entrance to the establishment
506	stating that smoking is permitted in the establishment. The
507	color and design of such signs shall be left to the discretion
508	of the person in charge of the premises.
509	(5) After July 1, 2004, the division shall review the
510	annual permit fees imposed in this section and may reduce the
511	fees to amounts the division determines are sufficient to cover
512	the cost of audits and administration.
513	(6) A stand-alone bar smoking permit is subject to
514	administrative penalties, including the imposition of fines and
515	suspension or revocation of permit for violations of the
516	conditions or qualifications necessary to maintain the
517	designation as a stand-alone bar, provided, however, that a
518	fourth violation of the conditions or qualifications necessary
519	to maintain designation as a stand-alone bar shall result in the
520	revocation of the permit.
521	(7) The Division of Alcoholic Beverages and Tobacco of the
522	Department of Business and Professional Regulation shall adopt
523	rules pursuant to ss. 120.536(1) and 120.54 governing the
524	application process, criteria for qualification, permit fees,
525	required recordkeeping, auditing, enforcement, and all other
526	rules necessary or appropriate for the effective administration
527	and enforcement of this section and s. 386.203(10) consistent
528	with the division’s enforcement authority established in s.
529	561.29.
530	Section 15. On or after July 1, 2003, a vendor operating a
531	business intending to obtain a permit as a stand-alone bar as
532	provided in s. 561.695, Florida Statutes, shall post a notice of
533	such intention at the same location where the vendor’s current
534	alcoholic beverage license is posted. The notice shall affirm
535	the vendor’s intent to comply with the conditions and
536	qualifications of a stand-alone bar imposed pursuant to part II
537	of chapter 386, Florida Statutes, and the Beverage Law. On or
538	before October 1, 2003, the vendor must have applied for the
539	stand-alone bar permit pursuant to s. 561.695, Florida Statutes,
540	in order to continue to allow smoking in the enclosed indoor
541	workplace.
542	Section 16. If any provision of this act or the
543	application thereof to any person or circumstance is held
544	invalid, the invalidity shall not affect other provisions or
545	applications of the act which can be given effect without the
546	invalid provision or application, and to this end the provisions
547	of this act are declared severable.
548	Section 17. If any law amended by this act was also
549	amended by a law enacted at the 2003 Regular Session of the
550	Legislature, such laws shall be construed as if they had been
551	enacted at the same session of the Legislature, and full effect
552	shall be given to each if possible.
553	Section 18. This act shall take effect July 1, 2003.
554
555
556
557	================= T I T L E A M E N D M E N T =================
558	Remove the entire title, and insert:
559
560	A bill to be entitled
561	An act relating to the Florida Clean Indoor Air Act;
562	revising various provisions of pt. II of ch. 386, F.S.,
563	the Florida Clean Indoor Air Act, for the purpose of
564	implementing s. 20, Art. X of the State Constitution;
565	amending s. 386.201, F.S.; providing a popular name;
566	amending s. 386.202, F.S.; revising legislative intent;
567	amending s. 386.203, F.S.; providing definitions; amending
568	s. 386.204, F.S.; prohibiting smoking in an enclosed
569	indoor workplace; creating s. 386.2045, F.S.; establishing
570	specific exceptions to the prohibition against smoking in
571	an enclosed indoor workplace; amending s. 386.205, F.S.,
572	relating to designation of smoking areas; limiting
573	designation to a customs smoking room in an airport in-
574	transit lounge; providing requirements for operation;
575	amending s. 386.206, F.S.; providing for continuation of
576	requirements with respect to the posting of signs stating
577	that smoking is not permitted in an indoor workplace;
578	requiring the proprietor or person in charge of an
579	enclosed indoor workplace to develop and implement a
580	policy regarding smoking prohibitions; providing
581	requirements with respect to posting of signs at an
582	airport terminal that includes a designated customs
583	smoking room and an enclosed indoor workplace where a
584	smoking cessation program or medical or scientific
585	research is conducted or performed; providing for
586	expiration of such provisions; amending s. 386.207, F.S.,
587	relating to administration, enforcement, and civil
588	penalties; removing cross references, to conform;
589	authorizing enforcement of the act by the Department of
590	Health and the Department of Business and Professional
591	Regulation; increasing penalties; eliminating exemptions;
592	amending s. 386.208, F.S.; clarifying language; reenacting
593	s. 386.209, F.S., which preempts regulation of smoking to
594	the state; amending s. 386.211, F.S., relating to public
595	announcements in mass transportation terminals, to
596	conform; reenacting and amending s. 386.212, F.S., which
597	prohibits any person under 18 years of age from smoking
598	tobacco in, on, or within 1,000 feet of the real property
599	comprising a public or private elementary, middle, or
600	secondary school and provides penalties therefor; creating
601	s. 386.2125, F.S.; providing rulemaking authority;
602	creating s. 561.695, F.S.; providing for the issuance of a
603	stand-alone bar smoking permit by the Division of
604	Alcoholic Beverages and Tobacco of the Department of
605	Business and Professional Regulation; providing a permit
606	fee; providing permit requirements; providing for the
607	issuance of a nonfood service stand-alone bar smoking
608	permit; providing permit requirements; requiring a vendor
609	operating a stand-alone bar to post specified signs;
610	providing for division review of permit fees; providing
611	for administrative penalties and revocation of permit;
612	requiring the division to adopt rules; requiring a vendor
613	operating a stand-alone bar and who intends to obtain a
614	permit as a stand-alone bar to post a notice of intent by
615	a specified date; requiring such vendors to apply for a
616	stand-alone bar permit by a specified date; providing
617	severability; providing for construction of the act in
618	pari materia with laws enacted during the 2003 Regular
619	Session of the Legislature; providing an effective date.