| 1 | Representative(s) Hasner offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 87 through 279, and insert: |
| 5 |
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| 6 | (12)(11) "Stand-alone bar" means any licensed premises |
| 7 | devoted during any time of operation predominantly or totally to |
| 8 | serving alcoholic beverages, intoxicating beverages, or |
| 9 | intoxicating liquors, or any combination thereof, for |
| 10 | consumption on the licensed premises; in which the serving of |
| 11 | food, if any, is merely incidental to the consumption of any |
| 12 | such beverage; and the licensed premises is not located within, |
| 13 | and does not share any common entryway or common indoor area |
| 14 | with, any other enclosed indoor workplace, including any |
| 15 | business for which the sale of food or any other product or |
| 16 | service is more than an incidental source of gross revenue. A |
| 17 | place of business constitutes a stand-alone bar in which the |
| 18 | service of food is merely incidental in accordance with this |
| 19 | subsection if the only food provided by the business, or in any |
| 20 | other way present or brought onto the premises for consumption |
| 21 | by patrons, is limited to nonperishable snack food items |
| 22 | commercially prepackaged off the premises of the stand-alone bar |
| 23 | and served without additions or preparation the licensed |
| 24 | premises derives no more than 10 percent of its gross revenue |
| 25 | from the sale of food consumed on the licensed premises. |
| 26 | Section 2. Section 386.204, Florida Statutes, is amended |
| 27 | to read: |
| 28 | 386.204 Prohibition.-- |
| 29 | (1) A person may not smoke in an enclosed indoor |
| 30 | workplace, except as otherwise provided in s. 386.2045. |
| 31 | (2) A proprietor or other person in charge of an enclosed |
| 32 | indoor workplace may not permit smoking in that enclosed indoor |
| 33 | workplace. If the proprietor or other person in charge of an |
| 34 | enclosed indoor workplace observes smoking in that workplace or |
| 35 | has been notified of observed smoking in that workplace in |
| 36 | violation of this part, the proprietor or other person in charge |
| 37 | of the enclosed indoor workplace shall request the violator to |
| 38 | stop smoking and, if the violator does not comply, the |
| 39 | proprietor or other person in charge of the enclosed indoor |
| 40 | workplace shall require the violator to leave the premises. A |
| 41 | proprietor or other person in charge of an enclosed indoor |
| 42 | workplace who fails to comply with this subsection is subject to |
| 43 | the procedures and penalties prescribed in ss. 386.207 and |
| 44 | 561.695, as applicable. |
| 45 | Section 3. Subsections (2) and (4) of section 386.2045, |
| 46 | Florida Statutes, are amended to read: |
| 47 | 386.2045 Enclosed indoor workplaces; specific |
| 48 | exceptions.--Notwithstanding s. 386.204, tobacco smoking may be |
| 49 | permitted in each of the following places: |
| 50 | (2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace |
| 51 | dedicated to or predominantly for the retail sale of tobacco, |
| 52 | tobacco products, and accessories for such products, as defined |
| 53 | in s. 386.203(9) s. 386.203(8). |
| 54 | (4) STAND-ALONE BAR.--A business that meets the definition |
| 55 | of a stand-alone bar as defined in s. 386.203(12) s. 386.203(11) |
| 56 | and that otherwise complies with all applicable provisions of |
| 57 | the Beverage Law and this part. |
| 58 | Section 4. Subsection (1) of section 386.205, Florida |
| 59 | Statutes, is amended to read: |
| 60 | 386.205 Customs smoking rooms.--A customs smoking room may |
| 61 | be designated by the person in charge of an airport in-transit |
| 62 | lounge under the authority and control of the Bureau of Customs |
| 63 | and Border Protection of the United States Department of |
| 64 | Homeland Security. A customs smoking room may only be designated |
| 65 | in an airport in-transit lounge under the authority and control |
| 66 | of the Bureau of Customs and Border Protection of the United |
| 67 | States Department of Homeland Security. A customs smoking room |
| 68 | may not be designated in an elevator, restroom, or any common |
| 69 | area as defined by s. 386.203. Each customs smoking room must |
| 70 | conform to the following requirements: |
| 71 | (1) Work, other than essential services defined in s. |
| 72 | 386.203(7) s. 386.203(6), must not be performed in the room at |
| 73 | any given time. |
| 74 | Section 5. Section 386.206, Florida Statutes, is amended |
| 75 | to read: |
| 76 | 386.206 Posting of signs; requiring policies.-- |
| 77 | (1) The person in charge of an enclosed indoor workplace |
| 78 | that prior to adoption of s. 20, Art. X of the State |
| 79 | Constitution was required to post signs under the requirements |
| 80 | of this section must continue to conspicuously post, or cause to |
| 81 | be posted, signs stating that smoking is not permitted in the |
| 82 | enclosed indoor workplace. Each sign posted pursuant to this |
| 83 | section must have letters of reasonable size which can be easily |
| 84 | read. The color, design, and precise place of posting of such |
| 85 | signs shall be left to the discretion of the person in charge of |
| 86 | the premises. |
| 87 | (1)(2) The proprietor or other person in charge of an |
| 88 | enclosed indoor workplace must develop and implement a policy |
| 89 | regarding the smoking prohibitions established in this part. The |
| 90 | policy may include, but is not limited to, procedures to be |
| 91 | taken when the proprietor or other person in charge witnesses or |
| 92 | is made aware of a violation of s. 386.204 in the enclosed |
| 93 | indoor workplace and must include a policy which prohibits an |
| 94 | employee from smoking in the enclosed indoor workplace. In order |
| 95 | to increase public awareness, the person in charge of an |
| 96 | enclosed indoor workplace may, at his or her discretion, post |
| 97 | "NO SMOKING" signs as deemed appropriate. |
| 98 | (2)(3) The person in charge of an airport terminal that |
| 99 | includes a designated customs smoking room must conspicuously |
| 100 | post, or cause to be posted, signs stating that no smoking is |
| 101 | permitted except in the designated customs smoking room located |
| 102 | in the customs area of the airport. Each sign posted pursuant to |
| 103 | this section must have letters of reasonable size that can be |
| 104 | easily read. The color, design, and precise locations at which |
| 105 | such signs are posted shall be left to the discretion of the |
| 106 | person in charge of the premises. |
| 107 | (3)(4) The proprietor or other person in charge of an |
| 108 | enclosed indoor workplace where a smoking cessation program, |
| 109 | medical research, or scientific research is conducted or |
| 110 | performed must conspicuously post, or cause to be posted, signs |
| 111 | stating that smoking is permitted for such purposes in |
| 112 | designated areas in the enclosed indoor workplace. Each sign |
| 113 | posted pursuant to this section must have letters of reasonable |
| 114 | size which can be easily read. The color, design, and precise |
| 115 | locations at which such signs are posted shall be left to the |
| 116 | discretion of the person in charge of the premises. |
| 117 | (5) The provisions of subsection (1) shall expire on July |
| 118 | 1, 2005. |
| 119 | Section 6. Section 386.208, Florida Statutes, is amended |
| 120 | to read: |
| 121 | 386.208 Penalties.-- |
| 122 | (1) Any person who violates s. 386.204 commits a |
| 123 | noncriminal violation as defined in s. 775.08(3), punishable by |
| 124 | a fine of not more than $100 for the first violation and not |
| 125 | more than $500 for each subsequent violation. Jurisdiction shall |
| 126 | be with the appropriate county court. |
| 127 | (2) A law enforcement officer may issue a citation in such |
| 128 | form as prescribed by a county or municipality to any person who |
| 129 | violates the provisions of this part. Any such citation must |
| 130 | contain: |
| 131 | (a) The date and time of issuance. |
| 132 | (b) The name and address of the person cited. |
| 133 | (c) The date and time the civil infraction was committed. |
| 134 | (d) The statute violated. |
| 135 | (e) The facts constituting the violation. |
| 136 | (f) The name and authority of the law enforcement officer. |
| 137 | (g) The procedure for the person to follow in order to pay |
| 138 | the fine, contest the citation, or appear in court. |
| 139 | (h) The applicable range of the fine for the violation, |
| 140 | which may not be more than $100 for a first violation and not |
| 141 | more than $500 for each subsequent violation. |
| 142 | (3) Any person who fails to comply with the directions of |
| 143 | the citation shall be deemed to have waived his or her right to |
| 144 | contest the citation and the court may issue an order to show |
| 145 | cause. |
| 146 | (4) If a person who violates s. 386.204, or any provision |
| 147 | of this part, refuses to comply with the request of the |
| 148 | proprietor or other person in charge of an enclosed indoor |
| 149 | workplace to stop smoking or otherwise comply with the |
| 150 | provisions of this part, a law enforcement officer may remove |
| 151 | the violator from the premises. |
| 152 | (5) This section does not limit any other action or remedy |
| 153 | that is available to a proprietor or other person in charge of |
| 154 | an enclosed indoor workplace and does not limit the authority of |
| 155 | a law enforcement officer, the department, or the Division of |
| 156 | Hotels and Restaurants and the Division of Alcoholic Beverages |
| 157 | and Tobacco of the Department of Business and Professional |
| 158 | Regulation to enforce the provisions of this part or any other |
| 159 | rule, law, or ordinance. |
| 160 | Section 7. Subsections (1), (5), (6), (7), and (8) of |
| 161 | section 561.695, Florida Statutes, are amended to read: |
| 162 | 561.695 Stand-alone bar enforcement; qualification; |
| 163 | penalties.-- |
| 164 | (1) The division shall designate as a stand-alone bar the |
| 165 | licensed premises of a vendor that operates a business that |
| 166 | meets the definition of a stand-alone bar in s. 386.203(12) s. |
| 167 | 386.203(11) upon receipt of the vendor's election to permit |
| 168 | tobacco smoking in the licensed premises. |
| 169 | (5) After the initial designation, to continue to qualify |
| 170 | as a stand-alone bar the licensee must provide to the division |
| 171 | annually, on or before the licensee's annual renewal date, an |
| 172 | affidavit that certifies, with respect to the preceding 12-month |
| 173 | period, the following: |
| 174 | (a) The business was operated as a stand-alone bar No more |
| 175 | than 10 percent of the gross revenue of the business is from the |
| 176 | sale of food consumed on the licensed premises as defined in s. |
| 177 | 386.203(12)(11). |
| 178 | (b) The only food provided by the business, or in any |
| 179 | other way present or brought onto the premises for consumption |
| 180 | by patrons, was limited to nonperishable snack food items |
| 181 | commercially prepackaged off the premises of the stand-alone bar |
| 182 | and served without additions or preparation Other than customary |
| 183 | bar snacks as defined by rule of the division, the licensed |
| 184 | vendor does not provide or serve food to a person on the |
| 185 | licensed premises without requiring the person to pay a |
| 186 | separately stated charge for food that reasonably approximates |
| 187 | the retail value of the food. |
| 188 | (c) The licensed vendor conspicuously posted posts signs |
| 189 | at each entrance to the establishment stating that smoking is |
| 190 | permitted in the establishment. |
| 191 |
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| 192 | ================ T I T L E A M E N D M E N T ============= |
| 193 | Remove lines 9 through 16, and insert: |
| 194 |
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| 195 | the act; redefining the term "stand-alone bar"; amending |
| 196 | s. 386.204, F.S.; eliminating certain |