HB 11

1	A bill to be entitled
2	An act relating to indoor smoking places; amending s.
3	386.203, F.S.; defining the term "person" for purposes of
4	the Florida Clean Indoor Air Act; amending s. 386.204,
5	F.S.; prohibiting a proprietor or other person in charge
6	of an enclosed indoor workplace from permitting smoking in
7	that workplace; amending s. 386.2045, F.S.; conforming
8	cross-references; amending s. 386.206, F.S.; deleting
9	obsolete provisions requiring that signs be posted in an
10	enclosed indoor workplace; amending s. 561.695, F.S.;
11	conforming cross-references; prohibiting a vendor from
12	permitting smoking in a licensed premises unless it is
13	designated as a stand-alone bar; providing a penalty for a
14	licensee who knowingly makes a false statement on an
15	affidavit of compliance; deleting a provision requiring
16	that a licensee operating a stand-alone bar certify to the
17	Division of Alcoholic Beverages and Tobacco that it
18	derives only a certain percentage of its gross revenue
19	from the sale of food; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Subsection (5) of section 386.203, Florida
24	Statutes, is amended, present subsections (7) through (13) are
25	renumbered as subsections (8) through (14), respectively, and a
26	new subsection (7) is added to that section, to read:
27	386.203  Definitions.--As used in this part:
28	(5)  "Enclosed indoor workplace" means any place where one
29	or more persons engages in work, and which place is
30	predominantly or totally bounded on all sides and above by
31	physical barriers, regardless of whether such barriers consist
32	of or include, without limitation, uncovered openings; screened
33	or otherwise partially covered openings; or open or closed
34	windows, jalousies, doors, or the like.
35	(a)  A place is "predominantly" bounded by physical
36	barriers during any time when both of the following conditions
37	exist:
38	1.(a)  It is more than 50 percent covered from above by a
39	physical barrier that excludes rain., and
40	2.(b)  More than 50 percent of the combined surface area of
41	its sides is covered by closed physical barriers. In calculating
42	the percentage of side surface area covered by closed physical
43	barriers, all solid surfaces that block air flow, except
44	railings, must be considered as closed physical barriers. This
45	section applies to all such enclosed indoor workplaces and
46	enclosed parts thereof without regard to whether work is
47	occurring at any given time.
48	(b)(c)  The term does not include any facility owned or
49	leased by and used exclusively for noncommercial activities
50	performed by the members and guests of a membership association,
51	including social gatherings, meetings, dining, and dances, if no
52	person or persons are engaged in work as defined in subsection
53	(13) (12).
54	(7)  "Person" has the same meaning as in s. 1.01(3).
55	Section 2.  Section 386.204, Florida Statutes, is amended
56	to read:
57	386.204  Prohibition.--Except as otherwise provided in s.
58	386.2045:
59	(1)  A person may not smoke in an enclosed indoor
60	workplace, except as otherwise provided in s. 386.2045.
61	(2)  A proprietor or other person in charge of an enclosed
62	indoor workplace may not permit smoking in that enclosed indoor
63	workplace.
64	Section 3.  Subsections (2) and (4) of section 386.2045,
65	Florida Statutes, are amended to read:
66	386.2045  Enclosed indoor workplaces; specific
67	exceptions.--Notwithstanding s. 386.204, tobacco smoking may be
68	permitted in each of the following places:
69	(2)  RETAIL TOBACCO SHOP.--An enclosed indoor workplace
70	dedicated to or predominantly for the retail sale of tobacco,
71	tobacco products, and accessories for such products, as defined
72	in s. 386.203(9)(8).
73	(4)  STAND-ALONE BAR.--A business that meets the definition
74	of a stand-alone bar as defined in s. 386.203(12)(11) and that
75	otherwise complies with all applicable provisions of the
76	Beverage Law and this part.
77	Section 4.  Section 386.206, Florida Statutes, is amended
78	to read:
79	386.206  Posting of signs; requiring policies.--
80	(1)  The person in charge of an enclosed indoor workplace
81	that prior to adoption of s. 20, Art. X of the State
82	Constitution was required to post signs under the requirements
83	of this section must continue to conspicuously post, or cause to
84	be posted, signs stating that smoking is not permitted in the
85	enclosed indoor workplace. Each sign posted pursuant to this
86	section must have letters of reasonable size which can be easily
87	read. The color, design, and precise place of posting of such
88	signs shall be left to the discretion of the person in charge of
89	the premises.
90	(1)(2)  The proprietor or other person in charge of an
91	enclosed indoor workplace must develop and implement a policy
92	regarding the smoking prohibitions established in this part. The
93	policy may include, but is not limited to, procedures to be
94	taken when the proprietor or other person in charge witnesses or
95	is made aware of a violation of s. 386.204 in the enclosed
96	indoor workplace and must include a policy which prohibits an
97	employee from smoking in the enclosed indoor workplace. In order
98	to increase public awareness, the person in charge of an
99	enclosed indoor workplace may, at his or her discretion, post
100	"NO SMOKING" signs as deemed appropriate.
101	(2)(3)  The person in charge of an airport terminal that
102	includes a designated customs smoking room must conspicuously
103	post, or cause to be posted, signs stating that no smoking is
104	permitted except in the designated customs smoking room located
105	in the customs area of the airport. Each sign posted pursuant to
106	this section must have letters of reasonable size that can be
107	easily read. The color, design, and precise locations at which
108	such signs are posted shall be left to the discretion of the
109	person in charge of the premises.
110	(3)(4)  The proprietor or other person in charge of an
111	enclosed indoor workplace where a smoking cessation program,
112	medical research, or scientific research is conducted or
113	performed must conspicuously post, or cause to be posted, signs
114	stating that smoking is permitted for such purposes in
115	designated areas in the enclosed indoor workplace. Each sign
116	posted pursuant to this section must have letters of reasonable
117	size which can be easily read. The color, design, and precise
118	locations at which such signs are posted shall be left to the
119	discretion of the person in charge of the premises.
120	(5)  The provisions of subsection (1) shall expire on July
121	1, 2005.
122	Section 5.  Section 561.695, Florida Statutes, is amended
123	to read:
124	561.695  Stand-alone bar enforcement; qualification;
125	penalties.--
126	(1)  The division shall designate as a stand-alone bar the
127	licensed premises of a vendor that operates a business that
128	meets the definition of a stand-alone bar in s. 386.203(12)(11)
129	upon receipt of the vendor's election to permit tobacco smoking
130	in the licensed premises. A vendor may not permit smoking in the
131	licensed premises unless it is designated as a stand-alone bar
132	under this section.
133	(2)  Upon this act becoming a law and until the annual
134	renewal of a vendor's license, a licensed vendor who makes the
135	required election under subsection (1) may permit tobacco
136	smoking on the licensed premises and must post a notice of the
137	such intention at the same location at which the vendor's
138	current alcoholic beverage license is posted. The notice must
139	shall affirm the vendor's intent to comply with the conditions
140	and qualifications of a stand-alone bar imposed pursuant to part
141	II of chapter 386 and the Beverage Law.
142	(3)  Only the licensed vendor may provide or serve food on
143	the licensed premises of a stand-alone bar. Other than customary
144	bar snacks as defined by rule of the division, the licensed
145	vendor may not provide or serve food to a person on the licensed
146	premises without requiring the person to pay a separately stated
147	charge for the food that reasonably approximates the retail
148	value of the food.
149	(4)  A licensed vendor operating a stand-alone bar must
150	conspicuously post signs at each entrance to the establishment
151	stating that smoking is permitted in the establishment. The
152	color and design of the such signs shall be left to the
153	discretion of the person in charge of the premises.
154	(5)  After the initial designation, to continue to qualify
155	as a stand-alone bar the licensee must provide to the division
156	annually, on or before the licensee's annual renewal date, an
157	affidavit that certifies, with respect to the preceding 12-month
158	period, the following:
159	(a)  No more than 10 percent of the gross revenue of the
160	business is from the sale of food consumed on the licensed
161	premises as defined in s. 386.203(12)(11).
162	(b)  Other than customary bar snacks as defined by rule of
163	the division, the licensed vendor does not provide or serve food
164	to a person on the licensed premises without requiring the
165	person to pay a separately stated charge for food that
166	reasonably approximates the retail value of the food.
167	(c)  The licensed vendor conspicuously posts signs at each
168	entrance to the establishment stating that smoking is permitted
169	in the establishment.
170
171	The division shall establish by rule the format of the affidavit
172	required by this subsection. A licensee may not knowingly make a
173	false statement on the affidavit required by this subsection. In
174	addition to the penalties provided in subsection (7), a licensee
175	who knowingly makes a false statement on the affidavit required
176	by this subsection may be subject to suspension or revocation of
177	his or her alcoholic beverage license under s. 561.29.
178	(6)  Every third year after the initial designation, on or
179	before the licensee's annual license renewal, the licensed
180	vendor must additionally provide to the division an agreed upon
181	procedures report in a format established by rule of the
182	department from a Florida certified public accountant that
183	attests to the licensee's compliance with the percentage
184	requirement of s. 386.203(11) for the preceding 36-month period.
185	Such report shall be admissible in any proceeding pursuant to s.
186	120.57. This subsection does not apply to a stand-alone bar if
187	the only food provided by the business, or in any other way
188	present or brought onto the premises for consumption by patrons,
189	is limited to nonperishable snack food items commercially
190	prepackaged off the premises of the stand-alone bar and served
191	without additions or preparation; except that a stand-alone bar
192	may pop popcorn for consumption on its premises, provided that
193	the equipment used to pop the popcorn is not used to prepare any
194	other food for patrons.
195	(6)(7)  The Division of Alcoholic Beverages and Tobacco
196	shall have the power to enforce the provisions of part II of
197	chapter 386 and to audit a licensed vendor that operates a
198	business that meets the definition of a stand-alone bar as
199	provided in s. 386.203(12)(11) for compliance with this section.
200	(7)(8)  Any vendor that operates a business that meets the
201	definition of a stand-alone bar as provided in s.
202	386.203(12)(11) who violates the provisions of this section or
203	part II of chapter 386 shall be subject to the following
204	penalties:
205	(a)  For the first violation, the vendor shall be subject
206	to a warning or a fine of up to $500, or both.;
207	(b)  For the second violation within 2 years after the
208	first violation, the vendor shall be subject to a fine of not
209	less than $500 or more than $2,000.;
210	(c)  For the third or subsequent violation within 2 years
211	after the first violation, the vendor shall receive a suspension
212	of the right to maintain a stand-alone bar in which tobacco
213	smoking is permitted, not to exceed 30 days, and shall be
214	subject to a fine of not less than $500 or more than $2,000.;
215	and
216	(d)  For the fourth or subsequent violation, the vendor
217	shall receive a 60-day suspension of the right to maintain a
218	stand-alone bar in which tobacco smoking is permitted and shall
219	be subject to a fine of not less than $500 or more than $2,000
220	or revocation of the right to maintain a stand-alone bar in
221	which tobacco smoking is permitted.
222	(8)(9)  The division shall adopt rules governing the
223	designation process, criteria for qualification, required
224	recordkeeping, auditing, and all other rules necessary for the
225	effective enforcement and administration of this section and
226	part II of chapter 386. The division is authorized to adopt
227	emergency rules pursuant to s. 120.54(4) to implement the
228	provisions of this section.
229	Section 6.  This act shall take effect July 1, 2006.

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