HOUSE AMENDMENT Bill No. HB 63A
1	CHAMBER ACTION
2	Senate House
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12	Representatives Kallinger and Prieguez offered the following:
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14	Amendment (with title amendment)
15	Remove everything after the enacting clause, and insert:
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17	Section 1. Section 386.201, Florida Statutes, is amended
18	to read:
19	386.201 Popular nameShort title.--This part may be cited
20	by the popular nameasthe "Florida Clean Indoor Air Act."
21	Section 2. Section 386.202, Florida Statutes, is amended
22	to read:
23	386.202 Legislative intent.--The purpose of this part is
24	to protect people from the public health hazards of second-hand
25	, comfort, and environment by creating areas in public places
26	and at public meetings that are reasonably free fromtobacco
27	smoke and to implement the Florida health initiative in s. 20,
28	Art. X of the State Constitutionby providing a uniform
29	statewide maximum code. This part shall not be interpreted to
30	require the designation of smoking areas. However, it is the
31	intent of the Legislature to discourage the designation of any
32	area within a government building as a smoking area.It is the
33	intent of the Legislature to not inhibit, or otherwise obstruct,
34	medical or scientific research or smoking-cessation programs
35	conducted by a medical research facility in this state.
36	Section 3. Section 386.203, Florida Statutes, is amended
37	to read:
38	386.203 Definitions.--As used in this part:
39	(1) "Commercial" use of a private residence means any time
40	during which the owner, lessee, or other person occupying or
41	controlling the use of the private residence is furnishing in
42	the private residence, or causing or allowing to be furnished in
43	the private residence, child care, adult care, or health care,
44	or any combination thereof, and receiving or expecting to
45	receive compensation therefor.
46	(2) “Common area” means a hallway, corridor, lobby, aisle,
47	water fountain area, restroom, stairwell, entryway, or
48	conference room in a customs area of an airport terminal under
49	the authority and control of the Bureau of Customs and Border
50	Protection of the United States Department of Homeland Security.
51	(3) “Department” means the Department of Health.
52	(4) "Designated smoking guest rooms at public lodging
53	establishments" means the sleeping rooms and directly associated
54	private areas, such as bathrooms, living rooms, and kitchen
55	areas, if any, rented to guests for their exclusive transient
56	occupancy in public lodging establishments, including hotels,
57	motels, resort condominiums, transient apartments, transient
58	lodging establishments, rooming houses, boarding houses, resort
59	dwellings, bed and breakfast inns, and the like; and designated
60	by the person or persons having management authority over such
61	public lodging establishment as rooms in which smoking may be
62	permitted.
63	(5) "Enclosed indoor workplace" means any place where one
64	or more persons engages in work, and which place is
65	predominantly or totally bounded on all sides and above by
66	physical barriers, regardless of whether such barriers consist
67	of or include uncovered openings, screened or otherwise
68	partially covered openings; or open or closed windows,
69	jalousies, doors, or the like. This section applies to all such
70	enclosed indoor workplaces without regard to whether work is
71	occurring at any given time. The term does not include a
72	workplace that does not have physical barriers of any kind from
73	above; a workplace that is totally or partially bounded from
74	above but of which at least 25 percent of contiguous surface
75	area of the sides is without a physical barrier; or a workplace
76	that is bounded on all sides and above by physical barriers
77	consisting of no more than 50 percent of the total bounded
78	surface area of the workplace.
79	(6) “Essential services” means those services that are
80	essential to the maintenance of any enclosed indoor room,
81	including, but not limited to, janitorial services, repairs, or
82	renovations.
83	(7) “Membership association” means a charitable,
84	nonprofit, or veterans’ association that holds a current
85	exemption under s. 501(c)(3), s. 501(c)(4), s. 501(c)(7), s.
86	501(c)(8), s. 501(c)(10), s. 501(c)(19), or s. 501(d) of the
87	Internal Revenue Code.
88	(8) “Physical barrier” includes an uncovered opening, a
89	screened or otherwise partially covered opening, or an open or
90	closed window, jalousie, or door.
91	(9) "Retail tobacco shop" means any enclosed indoor
92	workplace dedicated to or predominantly for the retail sale of
93	tobacco, tobacco products, and accessories for such products, in
94	which the sale of other products or services is merely
95	incidental. Any enclosed indoor workplace of a business that
96	manufactures, imports, or distributes tobacco products or of a
97	tobacco leaf dealer is a business dedicated to or predominantly
98	for the retail sale of tobacco and tobacco products when, as a
99	necessary and integral part of the process of making,
100	manufacturing, importing, or distributing a tobacco product for
101	the eventual retail sale of such tobacco or tobacco product,
102	tobacco is heated, burned, or smoked or a lighted tobacco
103	product is tested.
104	(10) “Second-hand smoke,” also known as environmental
105	tobacco smoke [ETS], means smoke emitted from lighted,
106	smoldering, or burning tobacco when the smoker is not inhaling;
107	smoke emitted at the mouthpiece during puff drawing; and smoke
108	exhaled by the smoker.
109	(11)(4) "Smoking" means inhaling, exhaling, burning,
110	carrying, or possessing anypossession of a lighted tobacco
111	product, including cigarettes, cigars, pipe tobacco, and
112	cigarette, lighted cigar, lighted pipe, orany other lighted
113	tobacco product.
114	(12) “Stand-alone bar” means any place of business devoted
115	during any time of operation predominantly or totally to serving
116	alcoholic beverages, intoxicating beverages, or intoxicating
117	liquors, or any combination thereof, for consumption on the
118	licensed premises; in which the serving of food, if any, is
119	merely incidental to the consumption of any such beverage; and
120	the licensed premises of which is not located within, and does
121	not share any common entryway or common indoor area with, any
122	other enclosed indoor workplace, including any business for
123	which the sale of food or any other product or service is more
124	than an incidental source of gross annual revenue. A place of
125	business constitutes a stand-alone bar in which the service of
126	food is merely incidental in accordance with this subsection if:
127	(a) The business derives no more than 10 percent of its
128	annual gross revenue from the sale of food.
129	(b) The vendor meets the qualifications for and possesses
130	a stand-alone bar smoking permit issued pursuant to s. 561.695.
131	(13) “Work” means any person's providing any employment or
132	employment-type service for or at the request of another
133	individual or individuals or any public or private entity,
134	whether for compensation or not, whether full or part time,
135	whether legally or not. "Work" includes, without limitation, any
136	such service performed by an employee, independent contractor,
137	agent, partner, proprietor, manager, officer, director,
138	apprentice, trainee, associate, servant, volunteer, and the
139	like.
140	(1) "Public place" means the following enclosed, indoor
141	areas used by the general public:
142	(a) Government buildings;
143	(b) Public means of mass transportation and their
144	associated terminals not subject to federal smoking regulation;
145	(c) Elevators;
146	(d) Hospitals;
147	(e) Nursing homes;
148	(f) Educational facilities;
149	(g) Public school buses;
150	(h) Libraries;
151	(i) Courtrooms;
152	(j) Jury waiting and deliberation rooms;
153	(k) Museums;
154	(l) Theaters;
155	(m) Auditoriums;
156	(n) Arenas;
157	(o) Recreational facilities;
158	(p) Restaurants;
159	(q) Retail stores, except a retail store the primary
160	business of which is the sale of tobacco or tobacco related
161	products;
162	(r) Grocery stores;
163	(s) Places of employment;
164	(t) Health care facilities;
165	(u) Day care centers; and
166	(v) Common areas of retirement homes and condominiums.
167	(2) "Government building" means any building or any
168	portion of any building owned by or leased to the state or any
169	political subdivision thereof and used for governmental
170	purposes.
171	(3) "Public meeting" means all meetings open to the
172	public, including meetings of homeowner, condominium, or renter
173	or tenant associations unless such meetings are held in a
174	private residence.
175	(5) "Smoking area" means any designated area meeting the
176	requirements of ss. 386.205 and 386.206.
177	(6) "Common area" means any hallway, corridor, lobby,
178	aisle, water fountain area, restroom, stairwell, entryway, or
179	conference room in any public place.
180	(7) "Department" means the Department of Health.
181	Section 4. Section 386.204, Florida Statutes, is amended
182	to read:
183	386.204 Prohibition.--A person may not smoke in an
184	enclosed indoor workplace, except as otherwise provided in s.
185	386.2045a public place or at a public meeting except in
186	designated smoking areas. These prohibitions do not apply in
187	cases in which an entire room or hall is used for a private
188	function and seating arrangements are under the control of the
189	sponsor of the function and not of the proprietor or person in
190	charge of the room or hall.
191	Section 5. Section 386.2045, Florida Statutes, is created
192	to read:
193	386.2045 Enclosed indoor workplaces; specific
194	exceptions.--Notwithstanding s. 386.204, tobacco smoking may be
195	permitted in each of the following places:
196	(1) PRIVATE RESIDENCE.--A private residence whenever
197	it is not being used commercially to provide child care, adult
198	care, or health care, or any combination thereof as defined in
199	s. 386.203(1).
200	(2) RETAIL TOBACCO SHOP.--An enclosed indoor workplace
201	dedicated to or predominantly for the retail sale of tobacco,
202	tobacco products, and accessories for such products, as defined
203	in s. 386.203(9).
204	(3) DESIGNATED SMOKING GUEST ROOM.--A designated smoking
205	guest room at a public lodging establishment as defined in s.
206	386.203(4).
207	(4) STAND-ALONE BAR.--A place of business devoted during
208	any time of operation predominantly or totally to serving
209	alcoholic beverages, intoxicating beverages, or intoxicating
210	liquors, or any combination thereof, for consumption on the
211	licensed premises; in which the serving of food, if any, is
212	merely incidental to the consumption of any such beverage, as
213	defined in s. 386.203(12); and the licensed premises of which is
214	not located within, and does not share any common entryway or
215	common indoor area with, any other enclosed indoor workplace,
216	including any business for which the sale of food or any other
217	product or service is more than an incidental source of gross
218	annual revenue.
219	(5) SMOKING-CESSATION PROGRAM, MEDICAL OR SCIENTIFIC
220	RESEARCH.--An enclosed indoor workplace, to the extent that
221	tobacco smoking is an integral part of a smoking-cessation
222	program conducted by a medical research facility, or medical or
223	scientific research conducted therein. Each room in which
224	tobacco smoking is permitted must comply with the signage
225	requirements in s. 386.206.
226	(6) CUSTOMS SMOKING ROOM.--A customs smoking room in an
227	airport in-transit lounge under the authority and control of the
228	Bureau of Customs and Border Protection of the United States
229	Department of Homeland Security subject to the restrictions
230	contained in s. 386.205.
231	(7) MEMBERSHIP ASSOCIATION.—A facility owned or leased by
232	and used exclusively for noncommercial activities performed by
233	the members and guests of a membership association as defined in
234	s. 386.203(7), including social gatherings, meetings, dining,
235	and dances. Each room in which tobacco smoking is permitted must
236	comply with the signage requirements in s. 386.206.
237	Section 6. Section 386.205, Florida Statutes, is amended
238	to read:
239	386.205 CustomsDesignation of smoking roomsareas.--
240	(1) A customs smoking roomareasmay be designated by the
241	person in charge of an airport in-transit lounge under the
242	authority and control of the Bureau of Customs and Border
243	Protection of the United States Department of Homeland Security
244	a public place. A customs smoking room may only be designated in
245	an airport in-transit lounge under the authority and control of
246	the Bureau of Customs and Border Protection of the United States
247	Department of Homeland Security. A customs smoking room may not
248	be designated in an elevator, restroom, or any common area as
249	defined by s. 386.203. Each customs smoking room must conform to
250	the following requirements:
251	(a) Work, other than essential services defined in s.
252	386.203(6), must not be performed in the room at any given time.
253	(b) Tobacco smoking must not be permitted in the room
254	while any essential services are being performed in the room.
255	(c) Each customs smoking room must be enclosed by physical
256	barriers that are impenetrable by second-hand tobacco smoke and
257	prevent the escape of second-hand tobacco smoke into the
258	enclosed indoor workplace.
259	(d) Each customs smoking room must exhaust tobacco smoke
260	directly to the outside and away from air intake ducts, and be
261	maintained under negative pressure, with respect to surrounding
262	spaces, sufficient to contain tobacco smoke within the room.
263	(e) Each customs smoking room must comply with the signage
264	requirements in s. 386.206.If a smoking area is designated,
265	existing physical barriers and ventilation systems shall be used
266	to minimize smoke in adjacent nonsmoking areas. This provision
267	shall not be construed to require fixed structural or other
268	physical modifications in providing these areas or to require
269	operation of any existing heating, ventilating, and air-
270	conditioning system (HVAC system) in any manner which decreases
271	its energy efficiency or increases its electrical demand, or
272	both, nor shall this provision be construed to require
273	installation of new or additional HVAC systems.
274	(2)(a) A smoking area may not be designated in an
275	elevator, school bus, public means of mass transportation
276	subject only to state smoking regulation, restroom, hospital,
277	doctor's or dentist's waiting room, jury deliberation room,
278	county health department, day care center, school or other
279	educational facility, or any common area as defined in s.
280	386.203. However, a patient's room in a hospital, nursing home,
281	or other health care facility may be designated as a smoking
282	area if such designation is ordered by the attending physician
283	and agreed to by all patients assigned to that room.
284	(b) Notwithstanding anything in this part to the contrary,
285	no more than one-half of the rooms in any health care facility
286	may be designated as smoking areas.
287	(3) In a workplace where there are smokers and nonsmokers,
288	employers shall develop, implement, and post a policy regarding
289	designation of smoking and nonsmoking areas. Such a policy shall
290	take into consideration the proportion of smokers and
291	nonsmokers. Employers who make reasonable efforts to develop,
292	implement, and post such a policy shall be deemed in compliance.
293	An entire area may be designated as a smoking area if all
294	workers routinely assigned to work in that area at the same time
295	agree. With respect to the square footage in any public place as
296	described in subsection (4), this square footage shall not
297	include private office work space which is not a common area as
298	defined in s. 386.203(6) and which is ordinarily inaccessible to
299	the public.
300	(4)(a) No more than one-half of the total square footage
301	in any public place within a single enclosed indoor area used
302	for a common purpose shall be reserved and designated as a
303	smoking area.
304	(b) The square footage limitation set forth in paragraph
305	(a) shall not apply to any restaurant subject to this part. With
306	respect to such restaurants:
307	1. No more than 50 percent of the seats existing in a
308	restaurant's dining room at any time shall be located in an area
309	designated as a smoking area.
310	2. Effective October 1, 2001, no more than 35 percent of
311	the seats existing in a restaurant's dining room at any time
312	shall be located in an area designated as a smoking area.
313	(5) A smoking area may not contain common areas which are
314	expected to be used by the public.
315	(6) Each state agency may adopt rules for administering
316	this section which take into consideration the provisions of
317	this part.
318	Section 7. Section 386.206, Florida Statutes, is amended
319	to read:
320	386.206 Posting of signs; requiring policies.--
321	(1) The person in charge of an enclosed indoor workplace
322	that prior to adoption of s. 20, Art. X of the State
323	Constitution was required to post signs under the requirements
324	of this section must continue toa public place shall
325	conspicuously post, or cause to be posted, in any area
326	designated as a smoking area signs stating that smoking is not
327	permitted in the enclosed indoor workplacesuch area. Each sign
328	posted pursuant to this section mustshallhave letters of
329	reasonable size which can be easily read. The color, design, and
330	precise place of posting of such signs shall be left to the
331	discretion of the person in charge of the premises. In order to
332	increase public awareness, the person in charge of a public
333	place may, at his or her discretion, also post "NO SMOKING
334	EXCEPT IN DESIGNATED AREAS" signs as appropriate.
335	(2) The proprietor or other person in charge of an
336	enclosed indoor workplace must develop and implement a policy
337	regarding the smoking prohibitions established in this part.
338	The policy may include, but is not limited to, procedures to be
339	taken when the proprietor or other person in charge witnesses or
340	is made aware of a violation of s. 386.204 in the enclosed
341	indoor workplace and must include a policy which prohibits an
342	employee from smoking in the enclosed indoor workplace. In order
343	to increase public awareness, the person in charge of a enclosed
344	indoor workplace may, at his or her discretion, post "NO
345	SMOKING" signs as deemed appropriate.
346	(3) The person in charge of an airport terminal that
347	includes a designated customs smoking room must conspicuously
348	post, or cause to be posted, signs stating that no smoking is
349	permitted except in the designated customs smoking room located
350	in the customs area of the airport. Each sign posted pursuant to
351	this section must have letters of reasonable size that can be
352	easily read. The color, design, and precise locations at which
353	such signs are posted shall be left to the discretion of the
354	person in charge of the premises.
355	(4) The proprietor or other person in charge of an
356	enclosed indoor workplace where a smoking cessation program,
357	medical, or scientific research medical or scientific research
358	is conducted or performed must conspicuously post, or cause to
359	be posted, signs stating that smoking is permitted for such
360	purposes in designated areas in the enclosed indoor workplace.
361	Each sign posted pursuant to this section must have letters of
362	reasonable size which can be easily read. The color, design, and
363	precise locations at which such signs are posted shall be left
364	to the discretion of the person in charge of the premises.
365	(5) The proprietor or other person in charge of a
366	membership association, must conspicuously post, or cause to be
367	posted, signs stating that smoking is permitted in the facility.
368	Each sign posted pursuant to this section must have letters of
369	reasonable size which can be easily read. The color, design, and
370	precise locations at which such signs are posted shall be left
371	to the discretion of the person in charge of the facility.
372	(6) The provisions of subsection (1) shall expire on July
373	1, 2005.
374	Section 8. Section 386.207, Florida Statutes, is amended
375	to read:
376	386.207 Administration; enforcement; civil penalties;
377	exemptions.--
378	(1) The department and the Department of Business and
379	Professional Regulationor the division shall enforce this part
380	ss. 386.205 and 386.206and to implement such enforcement shall
381	adopt, in consultation with the State Fire Marshal, rules
382	specifying procedures to be followed by enforcement personnel in
383	investigating complaints and notifying alleged violators, rules
384	defining types of cases for which exemptions may be granted,and
385	rules specifying procedures by which appeals may be taken by
386	aggrieved parties.
387	(2) Public agencies responsible for the management and
388	maintenance of government buildings shall report observed
389	violations to the department and the Department of Business and
390	Professional Regulationor division. The State Fire Marshal
391	shall report to the department and the Department of Business
392	and Professional Regulationor division observed violations of
393	this partss. 386.205 and 386.206found during its periodic
394	inspections conducted underpursuant toits regulatory
395	authority. The department and the Department of Business and
396	Professional Regulationor the division, upon notification of
397	observed violations of this partss. 386.205 and 386.206, shall
398	issue to the proprietor or other person in charge of such
399	enclosed indoor workplacepublic place a notice to comply with
400	this partss. 386.205 and 386.206. If thesuchperson fails to
401	comply within 30 days after receipt of thesuchnotice, the
402	department or the Department of Business and Professional
403	Regulationdivision shall assess a civil penalty against the
404	person of not less than $250 andhim or her not to exceed $750
405	$100 for the first violation and not less than $500 andnot to
406	exceed $2,000$500for each subsequent violation. The imposition
407	of thesuch fine mustshall be in accordance with the provisions
408	of chapter 120. If a person refuses to comply with this partss.
409	386.205 and 386.206, after having been assessed such penalty,
410	the department or the Department of Business and Professional
411	Regulationdivisionmay file a complaint in the circuit court of
412	the county in which the enclosed indoor workplacesuch public
413	placeis located to require compliance.
414	(3) A person may request an exemption from ss. 386.205 and
415	386.206 by applying to the department or the division. The
416	department or the division may grant exemptions on a case-by-
417	case basis where it determines that substantial good faith
418	efforts have been made to comply or that emergency or
419	extraordinary circumstances exist.
420	(3)(4)All fine moneys collected pursuant to this section
421	shall be used by the department for children's medical services
422	programs pursuant to the provisions of part I of chapter 391.
423	Section 9. Section 386.208, Florida Statutes, is amended
424	to read:
425	386.208 Penalties.--Any person who violates s. 386.204
426	commits a noncriminal violation as definedprovided forin s.
427	775.08(3), punishable by a fine of not more than $100 for the
428	first violation and not more than $500 for each subsequent
429	violation. Jurisdiction shall be with the appropriate county
430	court.
431	Section 10. Section 386.209, Florida Statutes, is
432	reenacted to read:
433	386.209 Regulation of smoking preempted to state.--This
434	part expressly preempts regulation of smoking to the state and
435	supersedes any municipal or county ordinance on the subject.
436	Section 11. Section 386.211, Florida Statutes, is amended
437	to read:
438	386.211 Public announcements in mass transportation
439	terminals.--Announcements about the Florida Clean Indoor Air Act
440	shall be made regularly over public address systems in terminals
441	of public transportation carriers located in metropolitan
442	statistical areas with populations over 230,000 according to the
443	latest census. These announcements shall be made at least every
444	30 minutes and shall be made in appropriate languages. Each
445	announcement mustshallinclude a statement to the effect that
446	Florida is a clean indoor air state and that smoking is not
447	allowed except as provided in this partonly in designated
448	areas.
449	Section 12. Section 386.212, Florida Statutes, is
450	reenacted and amended to read:
451	386.212 Smoking prohibited near school property;
452	penalty.--
453	(1) It is unlawful for any person under 18 years of age to
454	smoke tobacco in, on, or within 1,000 feet of the real property
455	comprising a public or private elementary, middle, or secondary
456	school between the hours of 6 a.m. and midnight. This section
457	doesshallnot apply to any person occupying a moving vehicle or
458	within a private residence.
459	(2) A law enforcement officer may issue a citation in such
460	form as prescribed by a county or municipality to any person
461	violating the provisions of this section. Any such citation must
462	contain:
463	(a) The date and time of issuance.
464	(b) The name and address of the person cited.
465	(c) The date and time the civil infraction was committed.
466	(d) The statute violated.
467	(e) The facts constituting the violation.
468	(f) The name and authority of the law enforcement officer.
469	(g) The procedure for the person to follow to pay the
470	civil penalty, to contest the citation, or to appear in court.
471	(h) The applicable civil penalty if the person elects not
472	to contest the citation.
473	(i) The applicable civil penalty if the person elects to
474	contest the citation.
475	(3) Any person issued a citation pursuant to this section
476	shall be deemed to be charged with a civil infraction punishable
477	by a maximum civil penalty not to exceed $25, or 50 hours of
478	community service or, where available, successful completion of
479	a school-approved anti-tobacco "alternative to suspension"
480	program.
481	(4) Any person who fails to comply with the directions on
482	the citation shall be deemed to waive his or her right to
483	contest the citation and an order to show cause may be issued by
484	the court.
485	Section 13. Section 386.2125, Florida Statutes, is created
486	to read:
487	386.2125 Rulemaking.--The department shall, in
488	consultation with the State Fire Marshal and the Department of
489	Business and Professional Regulation, have the authority to
490	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
491	the provisions of this part.
492	Section 14. Section 561.695, Florida Statutes, is created
493	to read:
494	561.695 Stand-alone bar smoking permit.--
495	(1) A vendor operating a business that meets the
496	definition of a stand-alone bar as provided in s. 386.203(12)
497	and that possesses all required state and local licenses
498	pertaining to the sale or service of alcoholic beverages or
499	food, and provides proof to the division of such licensure may
500	obtain a stand-alone bar smoking permit upon the filing of a
501	properly completed application and payment of a permit fee of
502	$150.
503	(2) Only the licensed vendor may provide or serve food on
504	the licensed premises of a stand-alone bar. Other than customary
505	bar snacks as defined by rule of the Department of Business and
506	Professional Regulation, the licensed vendor may not provide or
507	serve food to a person on the licensed premises without
508	requiring the person to pay a separately stated charge for the
509	food that reasonably approximates the retail value of the food.
510	(3) Notwithstanding the permit fee assessed in subsection
511	(1), a licensed vendor operating a business that meets the
512	definition of a stand-alone bar as defined in s. 386.203(12) may
513	obtain a nonfood service stand-alone bar smoking permit upon the
514	filing of a properly completed application.
515	(a) In order to obtain a nonfood service stand-alone bar
516	smoking permit, the only food provided by the business, or in
517	any other way present or brought onto the premises for
518	consumption by patrons, is limited to nonperishable snack food
519	items commercially prepackaged off the premises of the stand-
520	alone bar and served without additions or preparation; except
521	that a stand-alone bar may pop popcorn for consumption on its
522	premises, provided that the equipment used to pop the popcorn is
523	not used to prepare any other food for patrons; and
524	(b) The stand-alone bar does not at any time use any
525	common area, food storage area, food preparation area, or air-
526	conditioning, heating, ventilation, or air filtration system
527	that is at any time used as or by a restaurant or any other
528	enclosed indoor workplace.
529	(4) A vendor operating a stand-alone bar must
530	conspicuously post signs at each entrance to the establishment
531	stating that smoking is permitted in the establishment. The
532	color and design of such signs shall be left to the discretion
533	of the person in charge of the premises.
534	(5) After July 1, 2004, the division shall review the
535	annual permit fees imposed in this section and may reduce the
536	fees to amounts the division determines are sufficient to cover
537	the cost of audits and administration.
538	(6) A stand-alone bar smoking permit is subject to
539	administrative penalties, including the imposition of fines and
540	suspension or revocation of permit for violations of the
541	conditions or qualifications necessary to maintain the
542	designation as a stand-alone bar, provided, however, that a
543	fourth violation of the conditions or qualifications necessary
544	to maintain designation as a stand-alone bar shall result in the
545	revocation of the permit.
546	(7) The Division of Alcoholic Beverages and Tobacco of the
547	Department of Business and Professional Regulation shall adopt
548	rules pursuant to ss. 120.536(1) and 120.54 governing the
549	application process, criteria for qualification, permit fees,
550	required recordkeeping, auditing, enforcement, and all other
551	rules necessary or appropriate for the effective administration
552	and enforcement of this section and s. 386.203(11) consistent
553	with the division’s enforcement authority established in s.
554	561.29.
555	Section 15. On or after July 1, 2003, a vendor operating a
556	business intending to obtain a permit as a stand-alone bar as
557	provided in s. 561.695, Florida Statutes, shall post a notice of
558	such intention at the same location where the vendor’s current
559	alcoholic beverage license is posted. The notice shall affirm
560	the vendor’s intent to comply with the conditions and
561	qualifications of a stand-alone bar imposed pursuant to part II
562	of chapter 386, Florida Statutes, and the Beverage Law. On or
563	before October 1, 2003, the vendor must have applied for the
564	stand-alone bar permit pursuant to s. 561.695, Florida Statutes,
565	in order to continue to allow smoking in the enclosed indoor
566	workplace.
567	Section 16. If any provision of this act or the
568	application thereof to any person or circumstance is held
569	invalid, the invalidity shall not affect other provisions or
570	applications of the act which can be given effect without the
571	invalid provision or application, and to this end the provisions
572	of this act are declared severable.
573	Section 17. If any law amended by this act was also
574	amended by a law enacted at the 2003 Regular Session of the
575	Legislature, such laws shall be construed as if they had been
576	enacted at the same session of the Legislature, and full effect
577	shall be given to each if possible.
578	Section 18. This act shall take effect July 1, 2003.
579
580
581	================= T I T L E A M E N D M E N T =================
582	Remove the entire title, and insert:
583
584	A bill to be entitled
585	An act relating to the Florida Clean Indoor Air Act;
586	revising various provisions of pt. II of ch. 386, F.S.,
587	the Florida Clean Indoor Air Act, for the purpose of
588	implementing s. 20, Art. X of the State Constitution;
589	amending s. 386.201, F.S.; providing a popular name;
590	amending s. 386.202, F.S.; revising legislative intent;
591	amending s. 386.203, F.S.; providing definitions; amending
592	s. 386.204, F.S.; prohibiting smoking in an enclosed
593	indoor workplace; creating s. 386.2045, F.S.; establishing
594	specific exceptions to the prohibition against smoking in
595	an enclosed indoor workplace; amending s. 386.205, F.S.,
596	relating to designation of smoking areas; limiting
597	designation to a customs smoking room in an airport in-
598	transit lounge; providing requirements for operation;
599	amending s. 386.206, F.S.; providing for continuation of
600	requirements with respect to the posting of signs stating
601	that smoking is not permitted in an indoor workplace;
602	requiring the proprietor or person in charge of an
603	enclosed indoor workplace to develop and implement a
604	policy regarding smoking prohibitions; providing
605	requirements with respect to posting of signs at an
606	airport terminal that includes a designated customs
607	smoking room, an enclosed indoor workplace where a smoking
608	cessation program or medical or scientific research is
609	conducted or performed, and the facility of a membership
610	association; providing for expiration of such provisions;
611	amending s. 386.207, F.S., relating to administration,
612	enforcement, and civil penalties; removing cross
613	references, to conform; authorizing enforcement of the act
614	by the Department of Health and the Department of Business
615	and Professional Regulation; increasing penalties;
616	eliminating exemptions; amending s. 386.208, F.S.;
617	clarifying language; reenacting s. 386.209, F.S., which
618	preempts regulation of smoking to the state; amending s.
619	386.211, F.S., relating to public announcements in mass
620	transportation terminals, to conform; reenacting and
621	amending s. 386.212, F.S., which prohibits any person
622	under 18 years of age from smoking tobacco in, on, or
623	within 1,000 feet of the real property comprising a public
624	or private elementary, middle, or secondary school and
625	provides penalties therefor; creating s. 386.2125, F.S.;
626	providing rulemaking authority; creating s. 561.695, F.S.;
627	providing for the issuance of a stand-alone bar smoking
628	permit by the Division of Alcoholic Beverages and Tobacco
629	of the Department of Business and Professional Regulation;
630	providing a permit fee; providing permit requirements;
631	providing for the issuance of a nonfood service stand-
632	alone bar smoking permit; providing permit requirements;
633	requiring a vendor operating a stand-alone bar to post
634	specified signs; providing for division review of permit
635	fees; providing for administrative penalties and
636	revocation of permit; requiring the division to adopt
637	rules; requiring a vendor operating a stand-alone bar and
638	who intends to obtain a permit as a stand-alone bar to
639	post a notice of intent by a specified date; requiring
640	such vendors to apply for a stand-alone bar permit by a
641	specified date; providing severability; providing for
642	construction of the act in pari materia with laws enacted
643	during the 2003 Regular Session of the Legislature;
644	providing an effective date.