SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
                            CHAMBER ACTION
              Senate                               House
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 1                  WD/2R          .                    
       04/30/2003 11:33 AM         .                    
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11  Senator Saunders moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 20, through
15            page 16, line 17, delete those lines
16  
17  and insert:  providing a uniform statewide maximum code.  This
18  part shall not be interpreted to require the designation of
19  smoking areas.  However, it is the intent of the Legislature
20  to discourage the designation of any area within a government
21  building as a smoking area.
22         Section 3.  Section 386.203, Florida Statutes, is
23  amended to read:
24         386.203  Definitions.--As used in this part, the term:
25         (1)  "Commercial use of a private residence" means any
26  time during which the owner, lessee, or other person occupying
27  or controlling the use of a private residence is furnishing in
28  the private residence, or causing or allowing to be furnished
29  in the private residence, child care, adult care, or health
30  care, or any combination thereof, and receiving or expecting
31  to receive compensation therefor.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1         (2)  "Common area" means a hallway, corridor, lobby,
 2  aisle, water fountain area, restroom, stairwell, entryway, or
 3  conference room in a public place.
 4         (3)  "Department" means the Department of Health.
 5         (4)  "Designated smoking guest room" means a sleeping
 6  room or directly associated private area, including, but not
 7  limited to, a bathroom, living room, or kitchen area, if
 8  applicable, which is rented to a guest for his or her
 9  exclusive transient occupancy at a public lodging
10  establishment and which is designated by the operator of the
11  public lodging establishment as a room in which smoking may be
12  permitted.
13         (5)  "Enclosed indoor workplace" means a workplace that
14  is predominantly or totally bounded on all sides and above by
15  physical barriers.
16         (a)  Except as provided in paragraph (b), the term does
17  not include a workplace that does not have physical barriers
18  of any kind from above, a workplace that is totally bounded
19  from above but of which at least 25 percent of contiguous
20  surface area of the sides is without a physical barrier of any
21  kind separating the workplace from the exterior of the
22  building within which the workplace is located, or a workplace
23  that is bounded on all sides and above by physical barriers
24  consisting of no more than 50 percent of the total bounded
25  surface area of the workplace.
26         (b)  The term does not apply to a workplace in a
27  restaurant that is bounded on all sides and above by physical
28  barriers consisting of no more than 25 percent of the total
29  bounded surface area of the workplace. A restaurant must
30  provide a ventilation system to significantly reduce the
31  accumulation of second-hand tobacco smoke in any unenclosed
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  workplace of the restaurant in which tobacco smoking is
 2  permitted.
 3         (c)  The term also does not include a smoking room
 4  designated under s. 386.205.
 5         (6)  "Essential services" means those services that are
 6  essential to the maintenance of any enclosed indoor room,
 7  regardless of whether the room is a workplace, including, but
 8  not limited to, janitorial services, repairs, or renovations.
 9         (7)  "Government building" means a building or portion
10  of a building owned by or leased to the state or a political
11  subdivision of the state and used for governmental purposes.
12         (8)  "Membership organization" means a charitable,
13  nonprofit, or veterans' organization that holds a current
14  exemption from federal taxation under s. 501(c)(3), s.
15  501(c)(4), s. 501(c)(7), s. 501(c)(8), or s. 501(c)(10), s.
16  501(c)(19), or s. 501(d) of the Internal Revenue Code or a
17  religious organization that is not required to apply for
18  recognition of its exemption from federal taxation under s.
19  501(c)(3) of the Internal Revenue Code.
20         (9)  "Package store" means a workplace in which
21  alcoholic beverages are sold only for consumption off the
22  premises and which shares an entryway or common indoor area
23  with a stand-alone bar.
24         (10)  "Physical barrier" includes an uncovered opening,
25  a screened or otherwise partially covered opening, or an open
26  or closed window, jalousie, or door.
27         (11)  "Public lodging establishment" has the same
28  meaning ascribed in s. 509.013.
29         (12)(1)  "Public place" means the following enclosed,
30  indoor areas used by the general public:
31         (a)  Government buildings;
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1         (b)  Public means of mass transportation and their
 2  associated terminals not subject to federal smoking
 3  regulation;
 4         (c)  Elevators;
 5         (d)  Hospitals;
 6         (e)  Nursing homes;
 7         (f)  Educational facilities;
 8         (g)  Public school buses;
 9         (h)  Libraries;
10         (i)  Courtrooms;
11         (j)  Jury waiting and deliberation rooms;
12         (k)  Museums;
13         (l)  Theaters;
14         (m)  Auditoriums;
15         (n)  Arenas;
16         (o)  Recreational facilities;
17         (p)  Restaurants;
18         (q)  Retail stores, except a retail store the primary
19  business of which is the sale of tobacco or tobacco related
20  products;
21         (r)  Grocery stores;
22         (s)  Buildings that contain an enclosed indoor
23  workplace Places of employment;
24         (t)  Health care facilities;
25         (u)  Day care centers; and
26         (v)  Common areas of retirement homes and condominiums.
27         (2)  "Government building" means any building or any
28  portion of any building owned by or leased to the state or any
29  political subdivision thereof and used for governmental
30  purposes.
31         (13)(3)  "Public meeting" means all meetings open to
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  the public, including meetings of homeowner, condominium, or
 2  renter or tenant associations unless such meetings are held in
 3  a private residence.
 4         (14)  "Second-hand smoke" means smoke emitted from
 5  lighted, smoldering, or burning tobacco when the smoker is not
 6  inhaling; smoke emitted at the mouthpiece during puff drawing;
 7  and smoke exhaled by the smoker.
 8         (15)(4)  "Smoking" means inhaling, exhaling, burning,
 9  carrying, or possessing a lighted tobacco product, including
10  cigarettes, cigars, pipe tobacco possession of a lighted
11  cigarette, lighted cigar, lighted pipe, or any other lighted
12  tobacco product.
13         (16)(5)  "Smoking room area" means a any designated
14  room area meeting the requirements of ss. 386.205 and 386.206.
15         (17)  "Work" means performing an employment or
16  employment-type service for, or at the request of, another
17  person or a public or private entity, regardless of whether
18  the employment or employment-type service is performed for
19  compensation or on a full-time or part-time basis, whether
20  legally or not. The term includes employment or
21  employment-type service performed by an employee, independent
22  contractor, agent, partner, proprietor, manager, officer,
23  director, apprentice, trainee, associate, servant, volunteer,
24  or similar person. The term applies to employment or
25  employment-type service performed at any given time. The term
26  does not include noncommercial activities performed by members
27  of a membership organization.
28         (18)  "Workplace" means a room where one or more
29  persons perform work. This section applies to all such
30  workplaces without regard to whether work is occurring at any
31  given time. The term does not include any facility owned or
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  leased by and used exclusively for noncommercial activities
 2  performed by the members and guests of a membership
 3  organization, including social gatherings, meetings, dining,
 4  and dances, if no person or persons are engaged in work as
 5  defined in subsection (17). Each facility in which tobacco
 6  smoking is permitted during the activities of a membership
 7  organization must comply with the signage requirements for a
 8  designated smoking room in s. 386.206.
 9         (6)  "Common area" means any hallway, corridor, lobby,
10  aisle, water fountain area, restroom, stairwell, entryway, or
11  conference room in any public place.
12         (7)  "Department" means the Department of Health.
13         (8)  "Division" means the Division of Hotels and
14  Restaurants of the Department of Business and Professional
15  Regulation.
16         Section 4.  Section 386.204, Florida Statutes, is
17  amended to read:
18         386.204  Prohibition.--
19         (1)  ENCLOSED INDOOR WORKPLACES.--A person may not
20  smoke in an enclosed indoor workplace, except as otherwise
21  provided in s. 386.2045.
22         (2)  PUBLIC PLACES.--A person may not smoke in a public
23  place or at a public meeting except in designated smoking
24  areas.  These prohibitions do not apply in cases in which an
25  entire room or hall is used for a private function and seating
26  arrangements are under the control of the sponsor of the
27  function and not of the proprietor or person in charge of the
28  room or hall.
29         (3)  OTHER PROHIBITED AREAS.--A person may not smoke
30  within 10 feet of the entryway to a building that contains an
31  enclosed indoor workplace or within 10 feet of intake
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  equipment for a heating, ventilating, or air conditioning
 2  system (HVAC system) for a building that contains an enclosed
 3  indoor workplace.  An outdoor entryway to a public
 4  transportation facility, including, but not limited to,
 5  railroad stations, bus stations, ship ports, ferry terminals,
 6  roadside welcome stations, highway service plazas, airports
 7  served by regular passenger service, and highway rest stations
 8  is exempt from the prohibition in this subsection.
 9         Section 5.  Section 386.2045, Florida Statutes, is
10  created to read:
11         386.2045  Enclosed indoor workplaces; specific
12  exceptions.--Notwithstanding s. 386.204(1), tobacco smoking
13  may be permitted in each of the following places:
14         (1)  PRIVATE RESIDENCE.--A private residence whenever
15  it is not being used commercially to provide child care, adult
16  care, or health care, or any combination thereof.
17         (2)  RETAIL TOBACCO SHOP.--Any enclosed indoor
18  workplace dedicated to or predominantly for the retail sale of
19  tobacco, tobacco products, and accessories for such products,
20  in which the sale of other products or services is merely
21  incidental. Any enclosed indoor workplace of a business that
22  manufactures, imports, or distributes tobacco products or of a
23  tobacco leaf dealer is a business dedicated to or
24  predominantly for the retail sale of tobacco and tobacco
25  products when, as a necessary and integral part of the process
26  of making, manufacturing, importing, or distributing a tobacco
27  product for the eventual retail sale of such tobacco or
28  tobacco product, tobacco is heated, burned, or smoked or a
29  lighted tobacco product is tested.
30         (3)  DESIGNATED SMOKING GUEST ROOM.--A designated
31  smoking guest room at a public lodging establishment.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1         (4)  STAND-ALONE BAR.--Any place of business that
 2  during all times of operation is devoted predominantly or
 3  totally to serving alcoholic beverages, intoxicating
 4  beverages, or intoxicating liquors, or any combination
 5  thereof, for consumption on the licensed premises; in which
 6  the serving of food, if any, is merely incidental to the
 7  consumption of any such beverage; and that is not located
 8  within, and does not share any common entryway or common
 9  indoor area with, any other enclosed indoor workplace,
10  including any business for which the sale of food or any other
11  product or service is more than an incidental source of gross
12  revenue.  A stand-alone bar may share an entryway or common
13  indoor area with a package store.  A business must not derive
14  more than 25 percent of its gross revenue from the sale of
15  food.
16         (5)  SMOKING-CESSATION PROGRAM, MEDICAL RESEARCH, OR
17  SCIENTIFIC RESEARCH.--Any enclosed indoor workplace or public
18  place, to the extent that tobacco smoking is an integral part
19  of a smoking-cessation program, medical research, or
20  scientific research. Each room in which tobacco smoking is
21  permitted must comply with the signage requirements for a
22  designated smoking room in s. 386.206.
23         (6)  EXPRESSIVE ACTIVITY.--Any enclosed indoor
24  workplace or public place, to the extent that tobacco smoking
25  is an integral part of expressive speech or activity,
26  including, but not limited to, a production by the
27  entertainment industry as defined in s. 288.125, and an
28  exhibition of the arts as defined in s. 265.283. Each room in
29  which tobacco smoking is permitted as part of an expressive
30  speech or activity must comply with the signage requirements
31  for a designated smoking room in s. 386.206.
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1         (7)  STATE CORRECTIONAL FACILITIES.--Any state
 2  correctional facility to the extent that tobacco smoking is
 3  not prohibited under s. 944.115.
 4         Section 6.  Section 386.206, Florida Statutes, is
 5  amended to read:
 6         386.206  Posting of signs.--The person in charge of a
 7  public place shall conspicuously post, or cause to be posted,
 8  outside the entryway of and in any place where smoking is
 9  permitted under this part area designated as a smoking area
10  signs stating that smoking is permitted in that place such
11  area.  Each sign posted under pursuant to this section must
12  shall have letters of reasonable size which can be easily
13  read.  The color, design, and precise place of posting of
14  these such signs shall be left to the discretion of the person
15  in charge of the premises.  In order to increase public
16  awareness, the person in charge of a public place may, at his
17  or her discretion, also post "NO SMOKING EXCEPT IN DESIGNATED
18  AREAS" signs as appropriate.
19         Section 7.  Section 386.207, Florida Statutes, is
20  amended to read:
21         386.207  Administration; enforcement; civil penalties;
22  exceptions exemptions.--
23         (1)  The department and the Department of Business and
24  Professional Regulation or the division shall enforce this
25  part ss. 386.205 and 386.206 and to implement such enforcement
26  shall adopt, in consultation with the Department of
27  Agriculture and Consumer Services and the State Fire Marshal,
28  rules specifying procedures to be followed by enforcement
29  personnel in investigating complaints and notifying alleged
30  violators, rules defining types of cases for which exceptions
31  exemptions may be granted, and rules specifying procedures by
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  which appeals may be taken by aggrieved parties.
 2         (2)  Public agencies responsible for the management and
 3  maintenance of government buildings shall report observed
 4  violations to the department and the Department of Business
 5  and Professional Regulation or division.  The State Fire
 6  Marshal shall report to the department and the Department of
 7  Business and Professional Regulation or division observed
 8  violations of this part ss. 386.205 and 386.206 found during
 9  its periodic inspections conducted under pursuant to its
10  regulatory authority.  The department and the Department of
11  Business and Professional Regulation or the division, upon
12  notification of observed violations of this part ss. 386.205
13  and 386.206, shall issue to the proprietor or other person in
14  charge of such public place or enclosed indoor workplace a
15  notice to comply with this part ss. 386.205 and 386.206.  If
16  the such person fails to comply within 30 days after receipt
17  of the such notice, the department and the Department of
18  Business and Professional Regulation or the division shall
19  assess a civil penalty against him or her not to exceed $1,000
20  $100 for the first violation and not to exceed $2,500 $500 for
21  each subsequent violation. The imposition of the such fine
22  must shall be in accordance with the provisions of chapter
23  120.  If a person refuses to comply with this part ss. 386.205
24  and 386.206, after having been assessed such penalty, the
25  department and the Department of Business and Professional
26  Regulation or the division may file a complaint in the circuit
27  court of the county in which the such public place or enclosed
28  indoor workplace is located to require compliance.
29         (3)  A person may request an exemption from ss. 386.205
30  and 386.206 by applying to the department or the division.
31  The department or the division may grant exemptions on a
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  case-by-case basis where it determines that substantial good
 2  faith efforts have been made to comply or that emergency or
 3  extraordinary circumstances exist.
 4         (3)(4)  All fine moneys collected pursuant to this
 5  section shall be used by the department for children's medical
 6  services programs pursuant to the provisions of part I of
 7  chapter 391.
 8         Section 8.  Section 386.208, Florida Statutes, is
 9  amended to read:
10         386.208  Penalties.--Any person who violates s. 386.204
11  commits a noncriminal violation as defined provided for in s.
12  775.08(3), punishable by a fine of not more than $1,000 $100
13  for the first violation and not more than $2,500 $500 for each
14  subsequent violation.  Jurisdiction shall be with the
15  appropriate county court.
16         Section 9.  Section 386.209, Florida Statutes, is
17  reenacted to read:
18         386.209  Regulation of smoking preempted to
19  state.--This part expressly preempts regulation of smoking to
20  the state and supersedes any municipal or county ordinance on
21  the subject.
22         Section 10.  Section 386.211, Florida Statutes, is
23  amended to read:
24         386.211  Public announcements in mass transportation
25  terminals.--Announcements about the Florida Clean Indoor Air
26  Act shall be made regularly over public address systems in
27  terminals of public transportation carriers located in
28  metropolitan statistical areas with populations over 230,000
29  according to the latest census.  These announcements shall be
30  made at least every 30 minutes and shall be made in
31  appropriate languages.  Each announcement must shall include a
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                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 742
    Amendment No. ___   Barcode 623598
 1  statement to the effect that Florida is a clean indoor air
 2  state and that smoking is allowed only in designated places
 3  areas.
 4  
 5  (Redesignate subsequent sections.)
 6  
 7  
 8  ================ T I T L E   A M E N D M E N T ===============
 9  And the title is amended as follows:
10         On page 1, lines 12-18, delete those lines
11  
12  and insert:
13         exceptions where smoking is permitted; amending
14         s. 386.206, F.S.; providing requirements for
15         the posting of signs in places where smoking is
16         permitted; amending s.
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