(LATE FILED)Amendment
Bill No. 1348
Amendment No. 468621
CHAMBER ACTION
Senate House
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1Representative(s) Hasner offered the following:
2
3     Amendment (with directory and title amendments)
4     On page 3, line 28, through page 10, line 5,
5remove:  all of said lines
6
7and insert:  
8
9     Section 2.  Section 386.204, Florida Statutes, is amended
10to read:
11     386.204  Prohibition.--
12     (1)  A person may not smoke in an enclosed indoor
13workplace, except as otherwise provided in s. 386.2045.
14     (2)  A proprietor or other person in charge of an enclosed
15indoor workplace may not permit smoking in that enclosed indoor
16workplace. If the proprietor or other person in charge of an
17enclosed indoor workplace observes smoking in that workplace or
18has been notified of observed smoking in that workplace in
19violation of this part, the proprietor or other person in charge
20of the enclosed indoor workplace shall request the violator to
21stop smoking and, if the violator does not comply, the
22proprietor or other person in charge of the enclosed indoor
23workplace shall require the violator to leave the premises. A
24proprietor or other person in charge of an enclosed indoor
25workplace who fails to comply with this subsection is subject to
26the procedures and penalties prescribed in ss. 386.207 and
27561.695, as applicable.
28     Section 3.  Subsections (2) and (4) of section 386.2045,
29Florida Statutes, are amended to read:
30     386.2045  Enclosed indoor workplaces; specific
31exceptions.--Notwithstanding s. 386.204, tobacco smoking may be
32permitted in each of the following places:
33     (2)  RETAIL TOBACCO SHOP.--An enclosed indoor workplace
34dedicated to or predominantly for the retail sale of tobacco,
35tobacco products, and accessories for such products, as defined
36in s. 386.203(9) s. 386.203(8).
37     (4)  STAND-ALONE BAR.--A business that meets the definition
38of a stand-alone bar as defined in s. 386.203(12) s. 386.203(11)
39and that otherwise complies with all applicable provisions of
40the Beverage Law and this part.
41     Section 4.  Subsection (1) of section 386.205, Florida
42Statutes, is amended to read:
43     386.205  Customs smoking rooms.--A customs smoking room may
44be designated by the person in charge of an airport in-transit
45lounge under the authority and control of the Bureau of Customs
46and Border Protection of the United States Department of
47Homeland Security. A customs smoking room may only be designated
48in an airport in-transit lounge under the authority and control
49of the Bureau of Customs and Border Protection of the United
50States Department of Homeland Security. A customs smoking room
51may not be designated in an elevator, restroom, or any common
52area as defined by s. 386.203. Each customs smoking room must
53conform to the following requirements:
54     (1)  Work, other than essential services defined in s.
55386.203(7) s. 386.203(6), must not be performed in the room at
56any given time.
57     Section 5.  Section 386.206, Florida Statutes, is amended
58to read:
59     386.206  Posting of signs; requiring policies.--
60     (1)  The person in charge of an enclosed indoor workplace
61that prior to adoption of s. 20, Art. X of the State
62Constitution was required to post signs under the requirements
63of this section must continue to conspicuously post, or cause to
64be posted, signs stating that smoking is not permitted in the
65enclosed indoor workplace. Each sign posted pursuant to this
66section must have letters of reasonable size which can be easily
67read. The color, design, and precise place of posting of such
68signs shall be left to the discretion of the person in charge of
69the premises.
70     (1)(2)  The proprietor or other person in charge of an
71enclosed indoor workplace must develop and implement a policy
72regarding the smoking prohibitions established in this part.  
73The policy may include, but is not limited to, procedures to be
74taken when the proprietor or other person in charge witnesses or
75is made aware of a violation of s. 386.204 in the enclosed
76indoor workplace and must include a policy which prohibits an
77employee from smoking in the enclosed indoor workplace. In order
78to increase public awareness, the person in charge of an
79enclosed indoor workplace may, at his or her discretion, post
80"NO SMOKING" signs as deemed appropriate.
81     (2)(3)  The person in charge of an airport terminal that
82includes a designated customs smoking room must conspicuously
83post, or cause to be posted, signs stating that no smoking is
84permitted except in the designated customs smoking room located
85in the customs area of the airport. Each sign posted pursuant to
86this section must have letters of reasonable size that can be
87easily read. The color, design, and precise locations at which
88such signs are posted shall be left to the discretion of the
89person in charge of the premises.
90     (3)(4)  The proprietor or other person in charge of an
91enclosed indoor workplace where a smoking cessation program,
92medical research, or scientific research is conducted or
93performed must conspicuously post, or cause to be posted, signs
94stating that smoking is permitted for such purposes in
95designated areas in the enclosed indoor workplace. Each sign
96posted pursuant to this section must have letters of reasonable
97size which can be easily read. The color, design, and precise
98locations at which such signs are posted shall be left to the
99discretion of the person in charge of the premises.
100     (5)  The provisions of subsection (1) shall expire on July
1011, 2005.
102     Section 6.  Section 386.208, Florida Statutes, is amended
103to read:
104     386.208  Penalties.--
105     (1)  Any person who violates s. 386.204 commits a
106noncriminal violation as defined in s. 775.08(3), punishable by
107a fine of not more than $100 for the first violation and not
108more than $500 for each subsequent violation. Jurisdiction shall
109be with the appropriate county court.
110     (2)  A law enforcement officer may issue a citation in such
111form as prescribed by a county or municipality to any person who
112violates the provisions of this part. Any such citation must
113contain:
114     (a)  The date and time of issuance.
115     (b)  The name and address of the person cited.
116     (c)  The date and time the civil infraction was committed.
117     (d)  The statute violated.
118     (e)  The facts constituting the violation.
119     (f)  The name and authority of the law enforcement officer.
120     (g)  The procedure for the person to follow in order to pay
121the fine, contest the citation, or appear in court.
122     (h)  The applicable range of the fine for the violation,
123which may not be more than $100 for a first violation and not
124more than $500 for each subsequent violation.
125     (3)  Any person who fails to comply with the directions of
126the citation shall be deemed to have waived his or her right to
127contest the citation and the court may issue an order to show
128cause.
129     (4)  If a person who violates s. 386.204, or any provision
130of this part, refuses to comply with the request of the
131proprietor or other person in charge of an enclosed indoor
132workplace to stop smoking or otherwise comply with the
133provisions of this part, a law enforcement officer may remove
134the violator from the premises.
135     (5)  This section does not limit any other action or remedy
136that is available to a proprietor or other person in charge of
137an enclosed indoor workplace and does not limit the authority of
138a law enforcement officer, the department, or the Division of
139Hotels and Restaurants and the Division of Alcoholic Beverages
140and Tobacco of the Department of Business and Professional
141Regulation to enforce the provisions of this part or any other
142rule, law, or ordinance.
143     Section 7.  Subsections (1), (5), (6), (7), and (8) of
144section 561.695, Florida Statutes, are amended to read:
145     561.695  Stand-alone bar enforcement; qualification;
146penalties.--
147     (1)  The division shall designate as a stand-alone bar the
148licensed premises of a vendor that operates a business that
149meets the definition of a stand-alone bar in s. 386.203(12) s.
150386.203(11) upon receipt of the vendor's election to permit
151tobacco smoking in the licensed premises.
152     (5)  After the initial designation, to continue to qualify
153as a stand-alone bar the licensee must provide to the division
154annually, on or before the licensee's annual renewal date, an
155affidavit that certifies, with respect to the preceding 12-month
156period, the following:
157     (a)  No more than 10 percent of the gross revenue of the
158business is from the sale of food consumed on the licensed
159premises as defined in s. 386.203(12)(11).
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161
162============= D I R E C T O R Y  A M E N D M E N T =============
163
164     On page 2, lines 27 and 28,
165remove:  all of said lines
166
167and insert:  
168
169     Section 1.  Subsection (5) of section 386.203, Florida
170Statutes, is amended, present
171
172
173================= T I T L E  A M E N D M E N T =================
174     On page 1, lines 5 through 14,
175remove:  all of said lines
176
177and insert:  
178
179purposes of the act; amending s. 386.204, F.S.;


CODING: Words stricken are deletions; words underlined are additions.