Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 258
       
       
       
       
       
       
                                Barcode 883770                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2013           .                                
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       The Committee on Regulated Industries (Thrasher) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 386.209, Florida Statutes, is amended to
    6  read:
    7         386.209 Regulation of smoking preempted to state.—This part
    8  expressly preempts regulation of smoking to the state and
    9  supersedes any municipal or county ordinance on the subject,
   10  except that:; however,
   11         (1) School districts may further restrict smoking by
   12  persons on school district property.
   13         (2) Municipalities or counties may further restrict smoking
   14  at entrances to public indoor workplaces and outdoor areas of
   15  such workplaces, and property owned or controlled by a
   16  municipality or county, including beaches, playgrounds as
   17  defined in s. 775.215, public parks, and sports and recreation
   18  areas, provided:
   19         (a) The areas where smoking is restricted are identified by
   20  “No Smoking” signs that delineate the area where smoking is
   21  restricted;
   22         (b) Designated smoking areas are provided and identified by
   23  signs that delineate the areas where smoking is authorized;
   24         (c) Except as provided in paragraph (d), restrictions on
   25  sidewalks or other footpaths are limited to sidewalks or
   26  footpaths that are located within a beach, playground, public
   27  park, or sports and recreation area;
   28         (d) Restricted areas at entrances to an enclosed public
   29  indoor workplace do not extend more than 75 feet from the
   30  entrance or more than 75 feet from air intakes for HVAC systems,
   31  operable windows, vents, or other openings through which smoke
   32  may enter the workplace;
   33         (e) The smoking restriction does not limit the ability of a
   34  person to authorize smoking to the extent not prohibited by this
   35  chapter. However, if a business is located on property owned or
   36  operated by a municipality or county, the municipality or county
   37  may require, as a condition for granting a lease, that smoking
   38  be prohibited on such property; and
   39         (f) A law enforcement officer, before issuing a citation
   40  for a violation of this subsection, first directs the violator
   41  to stop smoking and advises him or her of the penalties for a
   42  violation. If the person does not heed the directive, the
   43  officer must then ask the person to leave the premises. If the
   44  person refuses to leave the premises, a civil citation may be
   45  issued, punishable as provided in s. 386.208.
   46  
   47  As used in this section, the term “public indoor workplace”
   48  means any enclosed area owned or controlled by a municipality or
   49  county which is public property used for public and governmental
   50  purposes and to which the public is invited or allowed and which
   51  includes, but is not limited to, administrative facilities,
   52  educational facilities, cultural and civic centers, healthcare
   53  facilities, and recreational facilities.
   54  Section 2. This act shall take effect July 1, 2013.
   55  
   56  ================= T I T L E  A M E N D M E N T ================
   57         And the title is amended as follows:
   58         Delete everything before the enacting clause
   59  and insert:
   60                        A bill to be entitled                      
   61         An act relating to the Florida Clean Indoor Air Act;
   62         amending s. 386.209, F.S.; authorizing municipalities
   63         and counties to restrict smoking on certain
   64         properties; providing limitations on such
   65         restrictions; authorizing a law enforcement officer to
   66         issue a citation under certain circumstances;
   67         providing a definition; providing an effective date.