HOUSE AMENDMENT Bill No. HB 63A
1	CHAMBER ACTION
2	Senate House
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12	Representatives Prieguez, Kallinger, and Goodlette offered the
13	following:
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15	Amendment (with title amendment)
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 and
27	at public meetings that are reasonably free from tobacco smoke
28	and to implement the Florida health initiative in s. 20, Art. X
29	of the State Constitutionby providing a uniform statewide
30	maximum code. It is the intent of the Legislature to not
31	inhibit, or otherwise obstruct, medical or scientific research
32	or smoking-cessation programs approved by the Department of
33	Health.This part shall not be interpreted to require the
34	designation of smoking areas. However, it is the intent of the
35	Legislature to discourage the designation of any area within a
36	government building as a smoking area.
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, without limitation, uncovered openings, screened
69	or otherwise partially covered openings; or open or closed
70	windows, jalousies, doors, or the like. A place is
71	"predominantly" bounded by physical barriers during any time
72	when both of the following conditions exist:
73	(a) It is more than 50 percent covered from above by a
74	physical barrier that excludes rain, and
75	(b) More than 50 percent of the combined surface area of
76	its sides is covered by closed physical barriers. In
77	calculating the percentage of side surface area covered by
78	closed physical barriers, all solid surfaces that block air
79	flow, except railings, must be considered as closed physical
80	barriers. This section applies to all such enclosed indoor
81	workplaces and enclosed parts thereof without regard to whether
82	work is occurring at any given time.
83	(c) The term does not include any facility owned or leased
84	by and used exclusively for noncommercial activities performed
85	by the members and guests of a membership association, including
86	social gatherings, meetings, dining, and dances, if no person or
87	persons are engaged in work as defined in subsection (12).
88	(6) "Essential services" means those services that are
89	essential to the maintenance of any enclosed indoor room,
90	including, but not limited to, janitorial services, repairs, or
91	renovations.
92	(7) "Physical barrier" includes an uncovered opening, a
93	screened or otherwise partially covered opening, or an open or
94	closed window, jalousie, or door.
95	(8) "Retail tobacco shop" means any enclosed indoor
96	workplace dedicated to or predominantly for the retail sale of
97	tobacco, tobacco products, and accessories for such products, in
98	which the sale of other products or services is merely
99	incidental. Any enclosed indoor workplace of a business that
100	manufactures, imports, or distributes tobacco products or of a
101	tobacco leaf dealer is a business dedicated to or predominantly
102	for the retail sale of tobacco and tobacco products when, as a
103	necessary and integral part of the process of making,
104	manufacturing, importing, or distributing a tobacco product for
105	the eventual retail sale of such tobacco or tobacco product,
106	tobacco is heated, burned, or smoked or a lighted tobacco
107	product is tested.
108	(9) "Second-hand smoke," also known as environmental
109	tobacco smoke (ETS), means smoke emitted from lighted,
110	smoldering, or burning tobacco when the smoker is not inhaling;
111	smoke emitted at the mouthpiece during puff drawing; and smoke
112	exhaled by the smoker.
113	(10)(4) "Smoking" means inhaling, exhaling, burning,
114	carrying, or possessing anypossession of a lighted tobacco
115	product, including cigarettes, cigars, pipe tobacco, and
116	cigarette, lighted cigar, lighted pipe, orany other lighted
117	tobacco product.
118	(11) "Stand-alone bar" means any licensed premises devoted
119	during any time of operation predominantly or totally to serving
120	alcoholic beverages, intoxicating beverages, or intoxicating
121	liquors, or any combination thereof, for consumption on the
122	licensed premises; in which the serving of food, if any, is
123	merely incidental to the consumption of any such beverage; and
124	the licensed premises is not located within, and does not share
125	any common entryway or common indoor area with, any other
126	enclosed indoor workplace, including any business for which the
127	sale of food or any other product or service is more than an
128	incidental source of gross revenue. A place of business
129	constitutes a stand-alone bar in which the service of food is
130	merely incidental in accordance with this subsection if the
131	licensed premises derives no more than 10 percent of its gross
132	revenue from the sale of food consumed on the licensed premises.
133	(12) "Work" means any person's providing any employment or
134	employment-type service for or at the request of another
135	individual or individuals or any public or private entity,
136	whether for compensation or not, whether full or part time,
137	whether legally or not. "Work" includes, without limitation, any
138	such service performed by an employee, independent contractor,
139	agent, partner, proprietor, manager, officer, director,
140	apprentice, trainee, associate, servant, volunteer, and the
141	like. The term does not include noncommercial activities
142	performed by members of a membership association.
143	(13) "Membership association" means a charitable,
144	nonprofit, or veterans' organization that holds a current
145	exemption under s. 501(c)(3), s. 501(c)(4), s. 501(c)(7), s.
146	501(c)(8), s. 501(c)(10), s. 501(c)(19), or s. 501(d) of the
147	Internal Revenue Code.
148	(1) "Public place" means the following enclosed, indoor
149	areas used by the general public:
150	(a) Government buildings;
151	(b) Public means of mass transportation and their
152	associated terminals not subject to federal smoking regulation;
153	(c) Elevators;
154	(d) Hospitals;
155	(e) Nursing homes;
156	(f) Educational facilities;
157	(g) Public school buses;
158	(h) Libraries;
159	(i) Courtrooms;
160	(j) Jury waiting and deliberation rooms;
161	(k) Museums;
162	(l) Theaters;
163	(m) Auditoriums;
164	(n) Arenas;
165	(o) Recreational facilities;
166	(p) Restaurants;
167	(q) Retail stores, except a retail store the primary
168	business of which is the sale of tobacco or tobacco related
169	products;
170	(r) Grocery stores;
171	(s) Places of employment;
172	(t) Health care facilities;
173	(u) Day care centers; and
174	(v) Common areas of retirement homes and condominiums.
175	(2) "Government building" means any building or any
176	portion of any building owned by or leased to the state or any
177	political subdivision thereof and used for governmental
178	purposes.
179	(3) "Public meeting" means all meetings open to the
180	public, including meetings of homeowner, condominium, or renter
181	or tenant associations unless such meetings are held in a
182	private residence.
183	(5) "Smoking area" means any designated area meeting the
184	requirements of ss. 386.205 and 386.206.
185	(6) "Common area" means any hallway, corridor, lobby,
186	aisle, water fountain area, restroom, stairwell, entryway, or
187	conference room in any public place.
188	(7) "Department" means the Department of Health.
189	(8) "Division" means the Division of Hotels and
190	Restaurants of the Department of Business and Professional
191	Regulation.
192	Section 4. Section 386.204, Florida Statutes, is amended
193	to read:
194	386.204 Prohibition.--A person may not smoke in an
195	enclosed indoor workplace, except as otherwise provided in s.
196	386.2045a public place or at a public meeting except in
197	designated smoking areas. These prohibitions do not apply in
198	cases in which an entire room or hall is used for a private
199	function and seating arrangements are under the control of the
200	sponsor of the function and not of the proprietor or person in
201	charge of the room or hall.
202	Section 5. Section 386.2045, Florida Statutes, is created
203	to read:
204	386.2045 Enclosed indoor workplaces; specific
205	exceptions.--Notwithstanding s. 386.204, tobacco smoking may be
206	permitted in each of the following places:
207	(1) PRIVATE RESIDENCE.--A private residence whenever it is
208	not being used commercially to provide child care, adult care,
209	or health care, or any combination thereof as defined in s.
210	386.203(1).
211	(2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace
212	dedicated to or predominantly for the retail sale of tobacco,
213	tobacco products, and accessories for such products, as defined
214	in s. 386.203(8).
215	(3) DESIGNATED SMOKING GUEST ROOM.--A designated smoking
216	guest room at a public lodging establishment as defined in s.
217	386.203(4).
218	(4) STAND-ALONE BAR.--A business that meets the definition
219	of a stand-alone bar as defined in s. 386.203(11) and that
220	otherwise complies with all applicable provisions of the
221	Beverage Law and part II of this chapter.
222	(5) SMOKING-CESSATION PROGRAM, MEDICAL OR SCIENTIFIC
223	RESEARCH.--An enclosed indoor workplace, to the extent that
224	tobacco smoking is an integral part of a smoking-cessation
225	program approved by the department, or medical or scientific
226	research conducted therein. Each room in which tobacco smoking
227	is permitted must comply with the signage requirements in s.
228	386.206.
229	(6) CUSTOMS SMOKING ROOM.--A customs smoking room in an
230	airport in-transit lounge under the authority and control of the
231	Bureau of Customs and Border Protection of the United States
232	Department of Homeland Security subject to the restrictions
233	contained in s. 386.205.
234	Section 6. Section 386.205, Florida Statutes, is amended
235	to read:
236	386.205 CustomsDesignation of smoking roomsareas.--
237	(1) A customs smoking roomareasmay be designated by the
238	person in charge of an airport in-transit lounge under the
239	authority and control of the Bureau of Customs and Border
240	Protection of the United States Department of Homeland Security
241	a public place. A customs smoking room may only be designated in
242	an airport in-transit lounge under the authority and control of
243	the Bureau of Customs and Border Protection of the United States
244	Department of Homeland Security. A customs smoking room may not
245	be designated in an elevator, restroom, or any common area as
246	defined by s. 386.203. Each customs smoking room must conform to
247	the following requirements:
248	(a) Work, other than essential services defined in s.
249	386.203(6), must not be performed in the room at any given time.
250	(b) Tobacco smoking must not be permitted in the room
251	while any essential services are being performed in the room.
252	(c) Each customs smoking room must be enclosed by physical
253	barriers that are impenetrable by second-hand tobacco smoke and
254	prevent the escape of second-hand tobacco smoke into the
255	enclosed indoor workplace.
256	(d) Each customs smoking room must exhaust tobacco smoke
257	directly to the outside and away from air intake ducts, and be
258	maintained under negative pressure, with respect to surrounding
259	spaces, sufficient to contain tobacco smoke within the room.
260	(e) Each customs smoking room must comply with the signage
261	requirements in s. 386.206.If a smoking area is designated,
262	existing physical barriers and ventilation systems shall be used
263	to minimize smoke in adjacent nonsmoking areas. This provision
264	shall not be construed to require fixed structural or other
265	physical modifications in providing these areas or to require
266	operation of any existing heating, ventilating, and air-
267	conditioning system (HVAC system) in any manner which decreases
268	its energy efficiency or increases its electrical demand, or
269	both, nor shall this provision be construed to require
270	installation of new or additional HVAC systems.
271	(2)(a) A smoking area may not be designated in an
272	elevator, school bus, public means of mass transportation
273	subject only to state smoking regulation, restroom, hospital,
274	doctor's or dentist's waiting room, jury deliberation room,
275	county health department, day care center, school or other
276	educational facility, or any common area as defined in s.
277	386.203. However, a patient's room in a hospital, nursing home,
278	or other health care facility may be designated as a smoking
279	area if such designation is ordered by the attending physician
280	and agreed to by all patients assigned to that room.
281	(b) Notwithstanding anything in this part to the contrary,
282	no more than one-half of the rooms in any health care facility
283	may be designated as smoking areas.
284	(3) In a workplace where there are smokers and nonsmokers,
285	employers shall develop, implement, and post a policy regarding
286	designation of smoking and nonsmoking areas. Such a policy shall
287	take into consideration the proportion of smokers and
288	nonsmokers. Employers who make reasonable efforts to develop,
289	implement, and post such a policy shall be deemed in compliance.
290	An entire area may be designated as a smoking area if all
291	workers routinely assigned to work in that area at the same time
292	agree. With respect to the square footage in any public place as
293	described in subsection (4), this square footage shall not
294	include private office work space which is not a common area as
295	defined in s. 386.203(6) and which is ordinarily inaccessible to
296	the public.
297	(4)(a) No more than one-half of the total square footage
298	in any public place within a single enclosed indoor area used
299	for a common purpose shall be reserved and designated as a
300	smoking area.
301	(b) The square footage limitation set forth in paragraph
302	(a) shall not apply to any restaurant subject to this part. With
303	respect to such restaurants:
304	1. No more than 50 percent of the seats existing in a
305	restaurant's dining room at any time shall be located in an area
306	designated as a smoking area.
307	2. Effective October 1, 2001, no more than 35 percent of
308	the seats existing in a restaurant's dining room at any time
309	shall be located in an area designated as a smoking area.
310	(5) A smoking area may not contain common areas which are
311	expected to be used by the public.
312	(6) Each state agency may adopt rules for administering
313	this section which take into consideration the provisions of
314	this part.
315	Section 7. Section 386.206, Florida Statutes, is amended
316	to read:
317	386.206 Posting of signs; requiring policies.--
318	(1) The person in charge of an enclosed indoor workplace
319	that prior to adoption of s. 20, Art. X of the State
320	Constitution was required to post signs under the requirements
321	of this section must continue toa public place shall
322	conspicuously post, or cause to be posted, in any area
323	designated as a smoking area signs stating that smoking is not
324	permitted in the enclosed indoor workplacesuch area. Each sign
325	posted pursuant to this section mustshallhave letters of
326	reasonable size which can be easily read. The color, design, and
327	precise place of posting of such signs shall be left to the
328	discretion of the person in charge of the premises. In order to
329	increase public awareness, the person in charge of a public
330	place may, at his or her discretion, also post "NO SMOKING
331	EXCEPT IN DESIGNATED AREAS" signs as appropriate.
332	(2) The proprietor or other person in charge of an
333	enclosed indoor workplace must develop and implement a policy
334	regarding the smoking prohibitions established in this part.
335	The policy may include, but is not limited to, procedures to be
336	taken when the proprietor or other person in charge witnesses or
337	is made aware of a violation of s. 386.204 in the enclosed
338	indoor workplace and must include a policy which prohibits an
339	employee from smoking in the enclosed indoor workplace. In order
340	to increase public awareness, the person in charge of an
341	enclosed indoor workplace may, at his or her discretion, post
342	"NO SMOKING" signs as deemed appropriate.
343	(3) The person in charge of an airport terminal that
344	includes a designated customs smoking room must conspicuously
345	post, or cause to be posted, signs stating that no smoking is
346	permitted except in the designated customs smoking room located
347	in the customs area of the airport. Each sign posted pursuant to
348	this section must have letters of reasonable size that can be
349	easily read. The color, design, and precise locations at which
350	such signs are posted shall be left to the discretion of the
351	person in charge of the premises.
352	(4) The proprietor or other person in charge of an
353	enclosed indoor workplace where a smoking cessation program,
354	medical research, or scientific research is conducted or
355	performed must conspicuously post, or cause to be posted, signs
356	stating that smoking is permitted for such purposes in
357	designated areas in the enclosed indoor workplace. Each sign
358	posted pursuant to this section must have letters of reasonable
359	size which can be easily read. The color, design, and precise
360	locations at which such signs are posted shall be left to the
361	discretion of the person in charge of the premises.
362	(5) The provisions of subsection (1) shall expire on July
363	1, 2005.
364	Section 8. Section 386.207, Florida Statutes, is amended
365	to read:
366	386.207 Administration; enforcement; civil penalties;
367	exemptions.--
368	(1) The department or the Division of Hotels and
369	Restaurants or the Division of Alcoholic Beverages and Tobacco
370	of the Department of Business and Professional Regulationor the
371	division shall enforce this part based upon each department’s
372	specific areas of regulatory authorityss. 386.205 and 386.206
373	and to implement such enforcement shall adopt, in consultation
374	with the State Fire Marshal, rules specifying procedures to be
375	followed by enforcement personnel in investigating complaints
376	and notifying alleged violators, rules defining types of cases
377	for which exemptions may be granted,and rules specifying
378	procedures by which appeals may be taken by aggrieved parties.
379	(2) Public agencies responsible for the management and
380	maintenance of government buildings shall report observed
381	violations to the department or division. The State Fire Marshal
382	shall report to the department or divisionobserved violations
383	of this partss. 386.205 and 386.206found during its periodic
384	inspections conducted underpursuant toits regulatory
385	authority.
386	(3) The department or the Division of Hotels and
387	Restaurants or the Division of Alcoholic Beverages and Tobacco
388	of the Department of Business and Professional Regulationor the
389	division, upon notification of observed violations of this part
390	ss. 386.205 and 386.206, shall issue to the proprietor or other
391	person in charge of such enclosed indoor workplacepublic place
392	a notice to comply with this partss. 386.205 and 386.206. If
393	thesuch person fails to comply within 30 days after receipt of
394	thesuch notice, the department or the Division of Hotels and
395	Restaurants or the Division of Alcoholic Beverages and Tobacco
396	of the Department of Business and Professional Regulation
397	division shall assess a civil penalty against the person of not
398	less than $250 andhim or her not to exceed $750$100for the
399	first violation and not less than $500 and not to exceed $2,000
400	$500 for each subsequent violation. The imposition of thesuch
401	fine mustshall be in accordance with the provisions ofchapter
402	120. If a person refuses to comply with this partss. 386.205
403	and 386.206, after having been assessed such penalty, the
404	department or the Division of Hotels and Restaurants or the
405	Division of Alcoholic Beverages and Tobacco of the Department of
406	Business and Professional Regulationdivisionmay file a
407	complaint in the circuit court of the county in which the
408	enclosed indoor workplacesuch public placeis located to
409	require compliance.
410	(3) A person may request an exemption from ss. 386.205 and
411	386.206 by applying to the department or the division. The
412	department or the division may grant exemptions on a case-by-
413	case basis where it determines that substantial good faith
414	efforts have been made to comply or that emergency or
415	extraordinary circumstances exist.
416	(3)(4)All fine moneys collected pursuant to this section
417	shall be used by the department for children's medical services
418	programs pursuant to the provisions of part I of chapter 391.
419	Section 9. Section 386.208, Florida Statutes, is amended
420	to read:
421	386.208 Penalties.--Any person who violates s. 386.204
422	commits a noncriminal violation as definedprovided forin s.
423	775.08(3), punishable by a fine of not more than $100 for the
424	first violation and not more than $500 for each subsequent
425	violation. Jurisdiction shall be with the appropriate county
426	court.
427	Section 10. Section 386.209, Florida Statutes, is
428	reenacted to read:
429	386.209 Regulation of smoking preempted to state.--This
430	part expressly preempts regulation of smoking to the state and
431	supersedes any municipal or county ordinance on the subject.
432	Section 11. Section 386.211, Florida Statutes, is amended
433	to read:
434	386.211 Public announcements in mass transportation
435	terminals.--Announcements about the Florida Clean Indoor Air Act
436	shall be made regularly over public address systems in terminals
437	of public transportation carriers located in metropolitan
438	statistical areas with populations over 230,000 according to the
439	latest census. These announcements shall be made at least every
440	30 minutes and shall be made in appropriate languages. Each
441	announcement mustshallinclude a statement to the effect that
442	Florida is a clean indoor air state and that smoking is not
443	allowed except as provided in this partonly in designated
444	areas.
445	Section 12. Section 386.212, Florida Statutes, is
446	reenacted and amended to read:
447	386.212 Smoking prohibited near school property;
448	penalty.--
449	(1) It is unlawful for any person under 18 years of age to
450	smoke tobacco in, on, or within 1,000 feet of the real property
451	comprising a public or private elementary, middle, or secondary
452	school between the hours of 6 a.m. and midnight. This section
453	doesshallnot apply to any person occupying a moving vehicle or
454	within a private residence.
455	(2) A law enforcement officer may issue a citation in such
456	form as prescribed by a county or municipality to any person
457	violating the provisions of this section. Any such citation must
458	contain:
459	(a) The date and time of issuance.
460	(b) The name and address of the person cited.
461	(c) The date and time the civil infraction was committed.
462	(d) The statute violated.
463	(e) The facts constituting the violation.
464	(f) The name and authority of the law enforcement officer.
465	(g) The procedure for the person to follow to pay the
466	civil penalty, to contest the citation, or to appear in court.
467	(h) The applicable civil penalty if the person elects not
468	to contest the citation.
469	(i) The applicable civil penalty if the person elects to
470	contest the citation.
471	(3) Any person issued a citation pursuant to this section
472	shall be deemed to be charged with a civil infraction punishable
473	by a maximum civil penalty not to exceed $25, or 50 hours of
474	community service or, where available, successful completion of
475	a school-approved anti-tobacco "alternative to suspension"
476	program.
477	(4) Any person who fails to comply with the directions on
478	the citation shall be deemed to waive his or her right to
479	contest the citation and an order to show cause may be issued by
480	the court.
481	Section 13. Section 386.2125, Florida Statutes, is created
482	to read:
483	386.2125 Rulemaking.--The department and the Department of
484	Business and Professional Regulation, shall, in consultation
485	with the State Fire Marshal, have the authority to adopt rules
486	pursuant to ss. 120.536(1) and 120.54 to implement the
487	provisions of this part within each agency’s specific areas of
488	regulatory authority. Whenever assessing a smoking cessation
489	program for approval, the department shall consider whether the
490	smoking cessation program limits to the extent possible the
491	potential for exposure to second-hand tobacco smoke, if any, to
492	nonparticipants in the enclosed indoor workplace.
493	Section 14. Section 561.695, Florida Statutes, is created
494	to read:
495	561.695 Stand-alone bar enforcement; qualification;
496	penalties.--
497	(1) The division shall designate as a stand-alone bar in
498	which tobacco smoking is permitted the licensed premises of a
499	vendor that operates a business that meets the definition of a
500	stand-alone bar in s. 386.203(11) upon receipt of the vendor's
501	election to permit tobacco smoking on the licensed premises.
502	(2) Upon this act becoming a law and until the annual
503	renewal of a vendor’s license, a licensed vendor who makes the
504	required election under subsection (1) may permit tobacco
505	smoking on the licensed premises and must post a notice of such
506	intention at the same location at which the vendor’s current
507	alcoholic beverage license is posted. The notice shall affirm
508	the vendor’s intent to comply with the conditions and
509	qualifications of a stand-alone bar imposed pursuant to part II
510	of chapter 386 and the Beverage Law. To continue to permit
511	smoking on the licensed premises, the vendor must receive from
512	the division actual notice at the time of license renewal of the
513	business’s designation as a stand-alone bar where smoking is
514	permitted.
515	(3) Only the licensed vendor may provide or serve food on
516	the licensed premises of a stand-alone bar. Other than
517	customary bar snacks as defined by rule of the division, the
518	licensed vendor may not provide or serve food to a person on the
519	licensed premises without requiring the person to pay a
520	separately stated charge for the food that reasonably
521	approximates the retail value of the food.
522	(4) A licensed vendor operating a stand-alone bar must
523	conspicuously post signs at each entrance to the establishment
524	stating that smoking is permitted in the establishment. The
525	color and design of such signs shall be left to the discretion
526	of the person in charge of the premises.
527	(5) After the initial designation, to continue to qualify
528	as a stand-alone bar the licensee must provide to the division
529	annually, on or before the licensee’s annual renewal date, an
530	affidavit that certifies, with respect to the preceding 12-month
531	period, the following:
532	(a) No more than 10 percent of the gross revenue of the
533	business is from the sale of food consumed on the licensed
534	premises as defined in s. 386.203(11).
535	(b) Other than customary bar snacks as defined by rule of
536	the division, the licensed vendor does not provide or serve food
537	to a person on the licensed premises without requiring the
538	person to pay a separately stated charge for food that
539	reasonably approximates the retail value of the food.
540	(c) The licensed vendor conspicuously posts signs at each
541	entrance to the establishment stating that smoking is permitted
542	in the establishment.
543
544	The division shall establish by rule the format of the affidavit
545	required by this subsection.
546	(6) Every third year after the initial designation, on or
547	before the licensee’s annual license renewal, the licensed
548	vendor must additionally provide to the division a certified
549	audit from a certified public accountant that it is in
550	compliance with the percentage requirement of subsection (5)(a)
551	for the preceding 12-month period. Such certified audit shall be
552	admissible in any proceeding pursuant to s. 120.57.
553	(7) The Division of Alcoholic Beverages and Tobacco shall
554	have the power to enforce the provisions of part II of chapter
555	386 and to audit a licensed vendor that operates a business that
556	meets the definition of a stand-alone bar as provided in s.
557	386.203(11) for compliance with this section.
558	(8) Any vendor that operates a business that meets the
559	definition of a stand-alone bar as provided in s. 386.203(11)
560	who violates the provisions of this section or part II of
561	chapter 386 shall be subject to the following penalties:
562	(a) For the first violation, the vendor shall be subject
563	to a warning or a fine of up to $500, or both;
564	(b) For the second violation within 2 years after the
565	first violation, the vendor shall be subject to a fine of not
566	less than $500 or more than $2,000;
567	(c) For the third or subsequent violation within 2 years
568	after the first violation, the vendor shall receive a suspension
569	of the right to maintain a stand-alone bar in which tobacco
570	smoking is permitted, not to exceed 30 days, and shall be
571	subject to a fine of not less than $500 or more than $2,000; and
572	(d) For the fourth or subsequent violation, the vendor
573	shall receive a 60-day suspension of the right to maintain a
574	stand-alone bar in which tobacco smoking is permitted and shall
575	be subject to a fine of not less than $500 or more than $2,000
576	or revocation of the right to maintain a stand-alone bar in
577	which tobacco smoking is permitted.
578	(9) The division shall adopt rules governing the
579	designation process, criteria for qualification, required
580	recordkeeping, auditing, and all other rules necessary for the
581	effective enforcement and administration of this section and
582	part II of chapter 386. The division is authorized to adopt
583	emergency rules pursuant to s. 120.54(4) to implement the
584	provisions of this section.
585	Section 15. If any provision of this act or the
586	application thereof to any person or circumstance is held
587	invalid, the invalidity shall not affect other provisions or
588	applications of the act which can be given effect without the
589	invalid provision or application, and to this end the provisions
590	of this act are declared severable.
591	Section 16. If any law amended by this act was also
592	amended by a law enacted at the 2003 Regular Session of the
593	Legislature, such laws shall be construed as if they had been
594	enacted during the same session of the Legislature, and full
595	effect shall be given to each if possible.
596	Section 17. This act shall take effect July 1, 2003.
597
598	================= T I T L E A M E N D M E N T =================
599	Remove the entire title, and insert:
600
601	A bill to be entitled
602	An act relating to the Florida Clean Indoor Air Act;
603	implementing s. 20, Art. X of the State Constitution;
604	amending s. 386.201, F.S., providing a popular name;
605	amending s. 386.202, F.S.; providing legislative intent;
606	amending s. 386.203, F.S.; providing definitions; amending
607	s. 386.204, F.S.; prohibiting smoking in an enclosed
608	indoor workplace; creating s. 386.2045, F.S.; establishing
609	specific exceptions to the prohibition against smoking in
610	an enclosed indoor workplace; amending s. 386.205, F.S.;
611	providing for designated customs smoking rooms in airport
612	in-transit lounges; providing requirements with respect
613	thereto; amending s. 386.206, F.S.; providing for
614	continuation of requirements with respect to the posting
615	of signs stating that smoking is not permitted in an
616	enclosed indoor workplace; requiring the proprietor or
617	person in charge of an enclosed indoor workplace to
618	develop and implement a policy regarding smoking
619	prohibitions; providing requirements with respect to
620	posting of signs at an airport terminal that includes a
621	designated customs smoking room and an enclosed indoor
622	workplace where a smoking cessation program or medical or
623	scientific research is conducted or performed; providing
624	for expiration of such provisions; amending s. 386.207,
625	F.S.; providing for enforcement of the Florida Clean
626	Indoor Act by the Department of Health, the Division of
627	Hotels and Restaurants of the Department of Business and
628	Professional Regulation, and the Division of Alcoholic
629	Beverages and Tobacco of the Department of Business and
630	Professional Regulation; increasing penalties; eliminating
631	exemptions; amending s. 386.208, F.S.; providing
632	penalties; reenacting s. 386.209, F.S., which preempts
633	regulation of smoking to the state; amending s. 386.211,
634	F.S., relating to public announcements in mass
635	transportation terminals, to conform; reenacting and
636	amending s. 386.212, F.S., which prohibits any person
637	under 18 years of age from smoking tobacco in, on, or
638	within 1,000 feet of the real property comprising a public
639	or private elementary, middle, or secondary school and
640	provides penalties therefor; creating s. 386.2125, F.S.;
641	requiring the Department of Health and the Department of
642	Business and Professional Regulation to adopt rules;
643	creating s. 561.695, F.S.; providing for designation of
644	stand-alone bars by the Division of Alcoholic Beverages
645	and Tobacco of the Department of Business and Professional
646	Regulation; providing procedure, requirements, and
647	restrictions with respect to such designation; providing
648	for rulemaking; providing for enforcement; providing
649	penalties; providing severability; providing for
650	construction of the act in pari materia with laws enacted
651	during the 2003 Regular Session of the Legislature;
652	providing an effective date.