Florida Senate - 2013                              CS for SB 258
       
       
       
       By the Committee on Regulated Industries; and Senators Bradley,
       Dean, and Hays
       
       
       
       580-01741-13                                           2013258c1
    1                        A bill to be entitled                      
    2         An act relating to the Florida Clean Indoor Air Act;
    3         amending s. 386.209, F.S.; authorizing municipalities
    4         and counties to restrict smoking on certain
    5         properties; providing limitations on such
    6         restrictions; authorizing a law enforcement officer to
    7         issue a citation under certain circumstances;
    8         providing a definition; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 386.209, Florida Statutes, is amended to
   13  read:
   14         386.209 Regulation of smoking preempted to state.—This part
   15  expressly preempts regulation of smoking to the state and
   16  supersedes any municipal or county ordinance on the subject,
   17  except that:; however,
   18         (1) School districts may further restrict smoking by
   19  persons on school district property.
   20         (2) Municipalities or counties may further restrict smoking
   21  at entrances to public indoor workplaces and outdoor areas of
   22  such workplaces, and property owned or controlled by a
   23  municipality or county, including beaches, playgrounds as
   24  defined in s. 775.215, public parks, and sports and recreation
   25  areas, provided:
   26         (a) The areas where smoking is restricted are identified by
   27  “No Smoking” signs that delineate the area where smoking is
   28  restricted;
   29         (b) Designated smoking areas are provided and identified by
   30  signs that delineate the areas where smoking is authorized;
   31         (c) Except as provided in paragraph (d), restrictions on
   32  sidewalks or other footpaths are limited to sidewalks or
   33  footpaths that are located within a beach, playground, public
   34  park, or sports and recreation area;
   35         (d) Restricted areas at entrances to an enclosed public
   36  indoor workplace do not extend more than 75 feet from the
   37  entrance or more than 75 feet from air intakes for HVAC systems,
   38  operable windows, vents, or other openings through which smoke
   39  may enter the workplace;
   40         (e) The smoking restriction does not limit the ability of a
   41  person to authorize smoking to the extent not prohibited by this
   42  chapter. However, if a business is located on property owned or
   43  operated by a municipality or county, the municipality or county
   44  may require, as a condition for granting a lease, that smoking
   45  be prohibited on such property; and
   46         (f) A law enforcement officer, before issuing a citation
   47  for a violation of this subsection, first directs the violator
   48  to stop smoking and advises him or her of the penalties for a
   49  violation. If the person does not heed the directive, the
   50  officer must then ask the person to leave the premises. If the
   51  person refuses to leave the premises, a civil citation may be
   52  issued, punishable as provided in s. 386.208.
   53  
   54  As used in this section, the term “public indoor workplace”
   55  means any enclosed area owned or controlled by a municipality or
   56  county which is public property used for public and governmental
   57  purposes and to which the public is invited or allowed and which
   58  includes, but is not limited to, administrative facilities,
   59  educational facilities, cultural and civic centers, healthcare
   60  facilities, and recreational facilities.
   61         Section 2. This act shall take effect July 1, 2013.