HOUSE AMENDMENT Bill No. HB 63A
1	CHAMBER ACTION
2	Senate House
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12	Representative Justice offered the following:
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14	Amendment
15	Remove lines 40 through 172, and insert:
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17	Section 2. Section 386.202, Florida Statutes, is amended
18	to read:
19	386.202 Legislative intent.--The purpose of this part is
20	to protect individuals from the public health hazards of second-
21	hand, comfort, and environment by creating areas in public
22	places and at public meetings that are reasonably free from
23	tobacco smoke and to implement s. 20, Art. X of the State
24	Constitution. It is the intent of the Legislature to not inhibit,
25	or otherwise obstruct, smoking cessation programs, medical
26	research, or scientific research in this state. The Legislature
27	finds that tobacco smoking that is integral to a smoking
28	cessation program, medical research, or scientific research does
29	not present a credible public health hazard from second-hand
30	smokeby providing a uniform statewide maximum code. This part
31	shall not be interpreted to require the designation of smoking
32	areas. However, it is the intent of the Legislature to
33	discourage the designation of any area within a government
34	building as a smoking area.
35	Section 3. Section 386.203, Florida Statutes, is amended
36	to read:
37	386.203 Definitions.--As used in this part:
38	(1)(4) "Smoking" means inhaling, exhaling, burning,
39	carrying, or possessing anypossession of a lighted tobacco
40	product, including cigarettes, cigars, pipe tobacco, and
41	cigarette, lighted cigar, lighted pipe, orany other lighted
42	tobacco product.
43	(2) "Second-hand smoke," also known as environmental
44	tobacco smoke [ETS], means smoke emitted from lighted,
45	smoldering, or burning tobacco when the smoker is not inhaling;
46	smoke emitted at the mouthpiece during puff drawing; and smoke
47	exhaled by the smoker.
48	(3) "Work" means any person's providing any employment or
49	employment-type service for or at the request of another
50	individual or individuals or any public or private entity,
51	whether for compensation or not, whether full or part time,
52	whether legally or not. "Work" includes, without limitation, any
53	such service performed by an employee, independent contractor,
54	agent, partner, proprietor, manager, officer, director,
55	apprentice, trainee, associate, servant, volunteer, and the
56	like.
57	(4) "Enclosed indoor workplace" means any place where one
58	or more persons engages in work, and which place is
59	predominantly or totally bounded on all sides and above by
60	physical barriers, regardless of whether such barriers consist
61	of or include uncovered openings, screened or otherwise
62	partially covered openings; or open or closed windows,
63	jalousies, doors, or the like. This section applies to all such
64	enclosed indoor workplaces without regard to whether work is
65	occurring at any given time.
66	(5) "Commercial" use of a private residence means any time
67	during which the owner, lessee, or other person occupying or
68	controlling the use of the private residence is furnishing in
69	the private residence, or causing or allowing to be furnished in
70	the private residence, child care, adult care, or health care,
71	or any combination thereof, and receiving or expecting to
72	receive compensation therefor.
73	(6) "Retail tobacco shop" means any enclosed indoor
74	workplace dedicated to or predominantly for the retail sale of
75	tobacco, tobacco products, and accessories for such products, in
76	which the sale of other products or services is merely
77	incidental. Any enclosed indoor workplace of a business that
78	manufactures, imports, or distributes tobacco products or of a
79	tobacco leaf dealer is a business dedicated to or predominantly
80	for the retail sale of tobacco and tobacco products when, as a
81	necessary and integral part of the process of making,
82	manufacturing, importing, or distributing a tobacco product for
83	the eventual retail sale of such tobacco or tobacco product,
84	tobacco is heated, burned or smoked or a lighted tobacco product
85	is tested.
86	(7) "Designated smoking guest rooms at public lodging
87	establishments" means the sleeping rooms and directly associated
88	private areas, such as bathrooms, living rooms, and kitchen
89	areas, if any, rented to guests for their exclusive transient
90	occupancy in public lodging establishments, including hotels,
91	motels, resort condominiums, transient apartments, transient
92	lodging establishments, rooming houses, boarding houses, resort
93	dwellings, bed and breakfast inns, and the like; and designated
94	by the person or persons having management authority over such
95	public lodging establishment as rooms in which smoking may be
96	permitted.
97	(1) "Public place" means the following enclosed, indoor
98	areas used by the general public:
99	(a) Government buildings;
100	(b) Public means of mass transportation and their
101	associated terminals not subject to federal smoking regulation;
102	(c) Elevators;
103	(d) Hospitals;
104	(e) Nursing homes;
105	(f) Educational facilities;
106	(g) Public school buses;
107	(h) Libraries;
108	(i) Courtrooms;
109	(j) Jury waiting and deliberation rooms;
110	(k) Museums;
111	(l) Theaters;
112	(m) Auditoriums;
113	(n) Arenas;
114	(o) Recreational facilities;
115	(p) Restaurants;
116	(q) Retail stores, except a retail store the primary
117	business of which is the sale of tobacco or tobacco related
118	products;
119	(r) Grocery stores;
120	(s) Places of employment;
121	(t) Health care facilities;
122	(u) Day care centers; and
123	(v) Common areas of retirement homes and condominiums.
124	(2) "Government building" means any building or any
125	portion of any building owned by or leased to the state or any
126	political subdivision thereof and used for governmental
127	purposes.
128	(3) "Public meeting" means all meetings open to the
129	public, including meetings of homeowner, condominium, or renter
130	or tenant associations unless such meetings are held in a
131	private residence.
132	(5) "Smoking area" means any designated area meeting the
133	requirements of ss. 386.205 and 386.206.
134	(6) "Common area" means any hallway, corridor, lobby,
135	aisle, water fountain area, restroom, stairwell, entryway, or
136	conference room in any public place.
137	(8)(7)"Department" means the Department of Health.
138	(9)(8)"Division" means the Division of Hotels and
139	Restaurants of the Department of Business and Professional
140	Regulation.
141	Section 4. Section 386.204, Florida Statutes, is amended
142	to read:
143	386.204 Prohibition; exceptions.--A person may not smoke
144	in an enclosed indoor workplace, except that smoking may be
145	permitted in:a public place or at a public meeting except in
146	designated smoking areas. These prohibitions do not apply in
147	cases in which an entire room or hall is used for a private
148	function and seating arrangements are under the control of the
149	sponsor of the function and not of the proprietor or person in
150	charge of the room or hall.
151	(1) Private residences when not being used for commercial
152	purposes as defined in s. 386.203(5).
153	(2) Retail tobacco shops as defined in s. 386.203(6).
154	(3) Designated smoking guest rooms at public lodging
155	establishments as defined in s. 386.203(7).
156	(4) Any enclosed indoor workplace or public place, to the
157	extent that tobacco smoking is an integral part of a smoking-
158	cessation program, medical research, or scientific research.
159	Each room in which tobacco smoking is permitted for such
160	purposes must comply with the signage requirements in s.
161	386.206.