1 | Representative(s) Hasner offered the following: |
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3 | Amendment (with directory and title amendment) |
4 | Remove lines 87 through 271, and insert: |
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6 | Section 2. Section 386.204, Florida Statutes, is amended |
7 | to read: |
8 | 386.204 Prohibition.-- |
9 | (1) A person may not smoke in an enclosed indoor |
10 | workplace, except as otherwise provided in s. 386.2045. |
11 | (2) A proprietor or other person in charge of an enclosed |
12 | indoor workplace may not permit smoking in that enclosed indoor |
13 | workplace. If the proprietor or other person in charge of an |
14 | enclosed indoor workplace observes smoking in that workplace or |
15 | has been notified of observed smoking in that workplace in |
16 | violation of this part, the proprietor or other person in charge |
17 | of the enclosed indoor workplace shall request the violator to |
18 | stop smoking and, if the violator does not comply, the |
19 | proprietor or other person in charge of the enclosed indoor |
20 | workplace shall require the violator to leave the premises. A |
21 | proprietor or other person in charge of an enclosed indoor |
22 | workplace who fails to comply with this subsection is subject to |
23 | the procedures and penalties prescribed in ss. 386.207 and |
24 | 561.695, as applicable. |
25 | Section 3. Subsections (2) and (4) of section 386.2045, |
26 | Florida Statutes, are amended to read: |
27 | 386.2045 Enclosed indoor workplaces; specific |
28 | exceptions.--Notwithstanding s. 386.204, tobacco smoking may be |
29 | permitted in each of the following places: |
30 | (2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace |
31 | dedicated to or predominantly for the retail sale of tobacco, |
32 | tobacco products, and accessories for such products, as defined |
33 | in s. 386.203(9) s. 386.203(8). |
34 | (4) STAND-ALONE BAR.--A business that meets the definition |
35 | of a stand-alone bar as defined in s. 386.203(12) s. 386.203(11) |
36 | and that otherwise complies with all applicable provisions of |
37 | the Beverage Law and this part. |
38 | Section 4. Subsection (1) of section 386.205, Florida |
39 | Statutes, is amended to read: |
40 | 386.205 Customs smoking rooms.--A customs smoking room may |
41 | be designated by the person in charge of an airport in-transit |
42 | lounge under the authority and control of the Bureau of Customs |
43 | and Border Protection of the United States Department of |
44 | Homeland Security. A customs smoking room may only be designated |
45 | in an airport in-transit lounge under the authority and control |
46 | of the Bureau of Customs and Border Protection of the United |
47 | States Department of Homeland Security. A customs smoking room |
48 | may not be designated in an elevator, restroom, or any common |
49 | area as defined by s. 386.203. Each customs smoking room must |
50 | conform to the following requirements: |
51 | (1) Work, other than essential services defined in s. |
52 | 386.203(7) s. 386.203(6), must not be performed in the room at |
53 | any given time. |
54 | Section 5. Section 386.206, Florida Statutes, is amended |
55 | to read: |
56 | 386.206 Posting of signs; requiring policies.-- |
57 | (1) The person in charge of an enclosed indoor workplace |
58 | that prior to adoption of s. 20, Art. X of the State |
59 | Constitution was required to post signs under the requirements |
60 | of this section must continue to conspicuously post, or cause to |
61 | be posted, signs stating that smoking is not permitted in the |
62 | enclosed indoor workplace. Each sign posted pursuant to this |
63 | section must have letters of reasonable size which can be easily |
64 | read. The color, design, and precise place of posting of such |
65 | signs shall be left to the discretion of the person in charge of |
66 | the premises. |
67 | (1)(2) The proprietor or other person in charge of an |
68 | enclosed indoor workplace must develop and implement a policy |
69 | regarding the smoking prohibitions established in this part. The |
70 | policy may include, but is not limited to, procedures to be |
71 | taken when the proprietor or other person in charge witnesses or |
72 | is made aware of a violation of s. 386.204 in the enclosed |
73 | indoor workplace and must include a policy which prohibits an |
74 | employee from smoking in the enclosed indoor workplace. In order |
75 | to increase public awareness, the person in charge of an |
76 | enclosed indoor workplace may, at his or her discretion, post |
77 | "NO SMOKING" signs as deemed appropriate. |
78 | (2)(3) The person in charge of an airport terminal that |
79 | includes a designated customs smoking room must conspicuously |
80 | post, or cause to be posted, signs stating that no smoking is |
81 | permitted except in the designated customs smoking room located |
82 | in the customs area of the airport. Each sign posted pursuant to |
83 | this section must have letters of reasonable size that can be |
84 | easily read. The color, design, and precise locations at which |
85 | such signs are posted shall be left to the discretion of the |
86 | person in charge of the premises. |
87 | (3)(4) The proprietor or other person in charge of an |
88 | enclosed indoor workplace where a smoking cessation program, |
89 | medical research, or scientific research is conducted or |
90 | performed must conspicuously post, or cause to be posted, signs |
91 | stating that smoking is permitted for such purposes in |
92 | designated areas in the enclosed indoor workplace. Each sign |
93 | posted pursuant to this section must have letters of reasonable |
94 | size which can be easily read. The color, design, and precise |
95 | locations at which such signs are posted shall be left to the |
96 | discretion of the person in charge of the premises. |
97 | (5) The provisions of subsection (1) shall expire on July |
98 | 1, 2005. |
99 | Section 6. Section 386.208, Florida Statutes, is amended |
100 | to read: |
101 | 386.208 Penalties.-- |
102 | (1) Any person who violates s. 386.204 commits a |
103 | noncriminal violation as defined in s. 775.08(3), punishable by |
104 | a fine of not more than $100 for the first violation and not |
105 | more than $500 for each subsequent violation. Jurisdiction shall |
106 | be with the appropriate county court. |
107 | (2) A law enforcement officer may issue a citation in such |
108 | form as prescribed by a county or municipality to any person who |
109 | violates the provisions of this part. Any such citation must |
110 | contain: |
111 | (a) The date and time of issuance. |
112 | (b) The name and address of the person cited. |
113 | (c) The date and time the civil infraction was committed. |
114 | (d) The statute violated. |
115 | (e) The facts constituting the violation. |
116 | (f) The name and authority of the law enforcement officer. |
117 | (g) The procedure for the person to follow in order to pay |
118 | the fine, contest the citation, or appear in court. |
119 | (h) The applicable range of the fine for the violation, |
120 | which may not be more than $100 for a first violation and not |
121 | more than $500 for each subsequent violation. |
122 | (3) Any person who fails to comply with the directions of |
123 | the citation shall be deemed to have waived his or her right to |
124 | contest the citation and the court may issue an order to show |
125 | cause. |
126 | (4) If a person who violates s. 386.204, or any provision |
127 | of this part, refuses to comply with the request of the |
128 | proprietor or other person in charge of an enclosed indoor |
129 | workplace to stop smoking or otherwise comply with the |
130 | provisions of this part, a law enforcement officer may remove |
131 | the violator from the premises. |
132 | (5) This section does not limit any other action or remedy |
133 | that is available to a proprietor or other person in charge of |
134 | an enclosed indoor workplace and does not limit the authority of |
135 | a law enforcement officer, the department, or the Division of |
136 | Hotels and Restaurants and the Division of Alcoholic Beverages |
137 | and Tobacco of the Department of Business and Professional |
138 | Regulation to enforce the provisions of this part or any other |
139 | rule, law, or ordinance. |
140 | Section 7. Subsections (1), (5), (6), (7), and (8) of |
141 | section 561.695, Florida Statutes, are amended to read: |
142 | 561.695 Stand-alone bar enforcement; qualification; |
143 | penalties.-- |
144 | (1) The division shall designate as a stand-alone bar the |
145 | licensed premises of a vendor that operates a business that |
146 | meets the definition of a stand-alone bar in s. 386.203(12) s. |
147 | 386.203(11) upon receipt of the vendor's election to permit |
148 | tobacco smoking in the licensed premises. |
149 | (5) After the initial designation, to continue to qualify |
150 | as a stand-alone bar the licensee must provide to the division |
151 | annually, on or before the licensee's annual renewal date, an |
152 | affidavit that certifies, with respect to the preceding 12-month |
153 | period, the following: |
154 | (a) No more than 10 percent of the gross revenue of the |
155 | business is from the sale of food consumed on the licensed |
156 | premises as defined in s. 386.203(12)(11). |
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159 | =========== D I R E C T O R Y A M E N D M E N T ========== |
160 | Remove lines 55 through 59, and insert: |
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162 | Section 1. Subsection (5) of section 386.203, Florida |
163 | Statutes, is amended, present subsections (6) through (13) of |
164 | said section are redesignated as subsections (7) through (14), |
165 | respectively, and a new subsection (6) is added to that section, |
166 | to read: |
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169 | ================ T I T L E A M E N D M E N T ============= |
170 | Remove lines 9 through 16, and insert: |
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172 | the act; amending s. 386.204, F.S.; eliminating certain |