CRC - 2017                                                P 6004
       By the Committee on Style and Drafting
       350-00434-17                                          20176004__
    2                             REVISION 4                            
    4         A proposal to amend Section 7 of Article II of the
    5         State Constitution to prohibit the drilling for
    6         exploration and extraction of oil and natural gas in
    7         specified coastal waters and amend Section 20 of
    8         Article X of the State Constitution to establish a
    9         general prohibition on the use of vapor-generating
   10         electronic devices in enclosed indoor workplaces.
   12  Be It Proposed by the Constitution Revision Commission of
   13  Florida:
   15         Section 7 of Article II of the State Constitution is
   16  amended to read:
   17                             ARTICLE II                            
   18                         GENERAL PROVISIONS                        
   19         SECTION 7. Natural resources and scenic beauty.—
   20         (a) It shall be the policy of the state to conserve and
   21  protect its natural resources and scenic beauty. Adequate
   22  provision shall be made by law for the abatement of air and
   23  water pollution and of excessive and unnecessary noise and for
   24  the conservation and protection of natural resources.
   25         (b) Those in the Everglades Agricultural Area who cause
   26  water pollution within the Everglades Protection Area or the
   27  Everglades Agricultural Area shall be primarily responsible for
   28  paying the costs of the abatement of that pollution. For the
   29  purposes of this subsection, the terms “Everglades Protection
   30  Area” and “Everglades Agricultural Area” shall have the meanings
   31  as defined in statutes in effect on January 1, 1996.
   32         (c) To protect the people of Florida and their environment,
   33  drilling for exploration or extraction of oil or natural gas is
   34  prohibited on lands beneath all state waters which have not been
   35  alienated and that lie between the mean high water line and the
   36  outermost boundaries of the state’s territorial seas. This
   37  prohibition does not apply to the transportation of oil and gas
   38  products produced outside of such waters. This subsection is
   39  self-executing.
   41         Section 20 of Article X of the State Constitution is
   42  amended to read:
   43                              ARTICLE X                            
   44                            MISCELLANEOUS                          
   45         SECTION 20. Workplaces without tobacco smoke or vapor.—
   46         (a) PROHIBITION. As a Florida health initiative to protect
   47  people from the health hazards of second-hand tobacco smoke and
   48  vapor, tobacco smoking and the use of vapor-generating
   49  electronic devices are is prohibited in enclosed indoor
   50  workplaces. This section does not preclude the adoption of
   51  ordinances that impose more restrictive regulation on the use of
   52  vapor-generating electronic devices than is provided in this
   53  section.
   54         (b) EXCEPTIONS. As further explained in the definitions
   55  below, tobacco smoking and the use of vapor-generating
   56  electronic devices may be permitted in private residences
   57  whenever they are not being used commercially to provide child
   58  care, adult care, or health care, or any combination thereof;
   59  and further may be permitted in retail tobacco shops, vapor
   60  generating electronic device retailers, designated smoking guest
   61  rooms at hotels and other public lodging establishments; and
   62  stand-alone bars. However, nothing in this section or in its
   63  implementing legislation or regulations shall prohibit the
   64  owner, lessee, or other person in control of the use of an
   65  enclosed indoor workplace from further prohibiting or limiting
   66  smoking or the use of vapor-generating electronic devices
   67  therein.
   68         (c) DEFINITIONS. For purposes of this section, the
   69  following words and terms shall have the stated meanings:
   70         (1) “Smoking” means inhaling, exhaling, burning, carrying,
   71  or possessing any lighted tobacco product, including cigarettes,
   72  cigars, pipe tobacco, and any other lighted tobacco product.
   73         (2) “Second-hand smoke,” also known as environmental
   74  tobacco smoke (ETS), means smoke emitted from lighted,
   75  smoldering, or burning tobacco when the smoker is not inhaling;
   76  smoke emitted at the mouthpiece during puff drawing; and smoke
   77  exhaled by the smoker.
   78         (3) “Work” means any person’s providing any employment or
   79  employment-type service for or at the request of another
   80  individual or individuals or any public or private entity,
   81  whether for compensation or not, whether full or part-time,
   82  whether legally or not. “Work” includes, without limitation, any
   83  such service performed by an employee, independent contractor,
   84  agent, partner, proprietor, manager, officer, director,
   85  apprentice, trainee, associate, servant, volunteer, and the
   86  like.
   87         (4) “Enclosed indoor workplace” means any place where one
   88  or more persons engages in work, and which place is
   89  predominantly or totally bounded on all sides and above by
   90  physical barriers, regardless of whether such barriers consist
   91  of or include uncovered openings, screened or otherwise
   92  partially covered openings; or open or closed windows,
   93  jalousies, doors, or the like. This section applies to all such
   94  enclosed indoor workplaces without regard to whether work is
   95  occurring at any given time.
   96         (5) “Commercial” use of a private residence means any time
   97  during which the owner, lessee, or other person occupying or
   98  controlling the use of the private residence is furnishing in
   99  the private residence, or causing or allowing to be furnished in
  100  the private residence, child care, adult care, or health care,
  101  or any combination thereof, and receiving or expecting to
  102  receive compensation therefor.
  103         (6) “Retail tobacco shop” means any enclosed indoor
  104  workplace dedicated to or predominantly for the retail sale of
  105  tobacco, tobacco products, and accessories for such products, in
  106  which the sale of other products or services is merely
  107  incidental.
  108         (7) “Designated smoking guest rooms at public lodging
  109  establishments” means the sleeping rooms and directly associated
  110  private areas, such as bathrooms, living rooms, and kitchen
  111  areas, if any, rented to guests for their exclusive transient
  112  occupancy in public lodging establishments including hotels,
  113  motels, resort condominiums, transient apartments, transient
  114  lodging establishments, rooming houses, boarding houses, resort
  115  dwellings, bed and breakfast inns, and the like; and designated
  116  by the person or persons having management authority over such
  117  public lodging establishment as rooms in which smoking may be
  118  permitted.
  119         (8) “Stand-alone bar” means any place of business devoted
  120  during any time of operation predominantly or totally to serving
  121  alcoholic beverages, intoxicating beverages, or intoxicating
  122  liquors, or any combination thereof, for consumption on the
  123  licensed premises; in which the serving of food, if any, is
  124  merely incidental to the consumption of any such beverage; and
  125  that is not located within, and does not share any common
  126  entryway or common indoor area with, any other enclosed indoor
  127  workplace including any business for which the sale of food or
  128  any other product or service is more than an incidental source
  129  of gross revenue.
  130         (9)“Vapor-generating electronic device” means any product
  131  that employs an electronic, a chemical, or a mechanical means
  132  capable of producing vapor or aerosol from a nicotine product or
  133  any other substance, including, but not limited to, an
  134  electronic cigarette, electronic cigar, electronic cigarillo,
  135  electronic pipe, or other similar device or product, any
  136  replacement cartridge for such device, and any other container
  137  of a solution or other substance intended to be used with or
  138  within an electronic cigarette, electronic cigar, electronic
  139  cigarillo, electronic pipe, or other similar device or product.
  140         (10) “Vapor-generating electronic device retailer” means
  141  any enclosed indoor workplace dedicated to or predominantly for
  142  the retail sale of vapor-generating electronic devices and
  143  components, parts, and accessories for such products, in which
  144  the sale of other products or services is merely incidental.
  145         (d) LEGISLATION. In the next regular legislative session
  146  occurring after voter approval of this section or any amendment
  147  to this section amendment, the Florida legislature shall adopt
  148  legislation to implement this section and any amendment to this
  149  section amendment in a manner consistent with its broad purpose
  150  and stated terms, and having an effective date no later than
  151  July 1 of the year following voter approval. Such legislation
  152  shall include, without limitation, civil penalties for
  153  violations of this section; provisions for administrative
  154  enforcement; and the requirement and authorization of agency
  155  rules for implementation and enforcement. This section does not
  156  Nothing herein shall preclude the legislature from enacting any
  157  law constituting or allowing a more restrictive regulation of
  158  tobacco smoking or the use of vapor-generating electronic
  159  devices than is provided in this section.
  161  BE IT FURTHER PROPOSED that the following statement be placed on
  162  the ballot:
  164                      CONSTITUTIONAL AMENDMENT                     
  165                        ARTICLE II, SECTION 7                      
  166                        ARTICLE X, SECTION 20                      
  168  IN ENCLOSED INDOOR WORKPLACES.—Prohibits drilling for the
  169  exploration or extraction of oil and natural gas beneath all
  170  state-owned waters between the mean high water line and the
  171  state’s outermost territorial boundaries. Adds use of vapor
  172  generating electronic devices to current prohibition of tobacco
  173  smoking in enclosed indoor workplaces with exceptions; permits
  174  more restrictive local ordinances.