CRC - 2017                                                  P 65
       By Commissioner Carlton
       carltonl-00059A-17                                      201765__
    1                         A proposal to amend                       
    2         Section 20 of Article X of the State Constitution to
    3         establish a general prohibition on the use of vapor
    4         generating electronic devices in enclosed indoor
    5         workplaces.
    7  Be It Proposed by the Constitution Revision Commission of
    8  Florida:
   10         Section 20 of Article X of the State Constitution is
   11  amended to read:
   12                              ARTICLE X                            
   13                            MISCELLANEOUS                          
   14         SECTION 20. Workplaces without tobacco smoke or vapor.—
   15         (a) PROHIBITION. As a Florida health initiative to protect
   16  people from the health hazards of second-hand tobacco smoke and
   17  vapor, tobacco smoking and the use of vapor-generating
   18  electronic devices are is prohibited in enclosed indoor
   19  workplaces. This section does not preclude the adoption of
   20  ordinances that impose more restrictive regulation on the use of
   21  vapor-generating electronic devices than is provided in this
   22  section.
   23         (b) EXCEPTIONS. As further explained in the definitions
   24  below, tobacco smoking and the use of vapor-generating
   25  electronic devices may be permitted in private residences
   26  whenever they are not being used commercially to provide child
   27  care, adult care, or health care, or any combination thereof;
   28  and further may be permitted in retail tobacco shops, vapor
   29  generating electronic device retailers, designated smoking guest
   30  rooms at hotels and other public lodging establishments; and
   31  stand-alone bars. However, nothing in this section or in its
   32  implementing legislation or regulations shall prohibit the
   33  owner, lessee, or other person in control of the use of an
   34  enclosed indoor workplace from further prohibiting or limiting
   35  smoking or the use of vapor-generating electronic devices
   36  therein.
   37         (c) DEFINITIONS. For purposes of this section, the
   38  following words and terms shall have the stated meanings:
   39         (1) “Smoking” means inhaling, exhaling, burning, carrying,
   40  or possessing any lighted tobacco product, including cigarettes,
   41  cigars, pipe tobacco, and any other lighted tobacco product.
   42         (2) “Second-hand smoke,” also known as environmental
   43  tobacco smoke (ETS), means smoke emitted from lighted,
   44  smoldering, or burning tobacco when the smoker is not inhaling;
   45  smoke emitted at the mouthpiece during puff drawing; and smoke
   46  exhaled by the smoker.
   47         (3) “Work” means any person’s providing any employment or
   48  employment-type service for or at the request of another
   49  individual or individuals or any public or private entity,
   50  whether for compensation or not, whether full or part-time,
   51  whether legally or not. “Work” includes, without limitation, any
   52  such service performed by an employee, independent contractor,
   53  agent, partner, proprietor, manager, officer, director,
   54  apprentice, trainee, associate, servant, volunteer, and the
   55  like.
   56         (4) “Enclosed indoor workplace” means any place where one
   57  or more persons engages in work, and which place is
   58  predominantly or totally bounded on all sides and above by
   59  physical barriers, regardless of whether such barriers consist
   60  of or include uncovered openings, screened or otherwise
   61  partially covered openings; or open or closed windows,
   62  jalousies, doors, or the like. This section applies to all such
   63  enclosed indoor workplaces without regard to whether work is
   64  occurring at any given time.
   65         (5) “Commercial” use of a private residence means any time
   66  during which the owner, lessee, or other person occupying or
   67  controlling the use of the private residence is furnishing in
   68  the private residence, or causing or allowing to be furnished in
   69  the private residence, child care, adult care, or health care,
   70  or any combination thereof, and receiving or expecting to
   71  receive compensation therefor.
   72         (6) “Retail tobacco shop” means any enclosed indoor
   73  workplace dedicated to or predominantly for the retail sale of
   74  tobacco, tobacco products, and accessories for such products, in
   75  which the sale of other products or services is merely
   76  incidental.
   77         (7) “Designated smoking guest rooms at public lodging
   78  establishments” means the sleeping rooms and directly associated
   79  private areas, such as bathrooms, living rooms, and kitchen
   80  areas, if any, rented to guests for their exclusive transient
   81  occupancy in public lodging establishments including hotels,
   82  motels, resort condominiums, transient apartments, transient
   83  lodging establishments, rooming houses, boarding houses, resort
   84  dwellings, bed and breakfast inns, and the like; and designated
   85  by the person or persons having management authority over such
   86  public lodging establishment as rooms in which smoking may be
   87  permitted.
   88         (8) “Stand-alone bar” means any place of business devoted
   89  during any time of operation predominantly or totally to serving
   90  alcoholic beverages, intoxicating beverages, or intoxicating
   91  liquors, or any combination thereof, for consumption on the
   92  licensed premises; in which the serving of food, if any, is
   93  merely incidental to the consumption of any such beverage; and
   94  that is not located within, and does not share any common
   95  entryway or common indoor area with, any other enclosed indoor
   96  workplace including any business for which the sale of food or
   97  any other product or service is more than an incidental source
   98  of gross revenue.
   99         (9)“Vapor-generating electronic device” means any product
  100  that employs an electronic, a chemical, or a mechanical means
  101  capable of producing vapor or aerosol from a nicotine product or
  102  any other substance, including, but not limited to, an
  103  electronic cigarette, electronic cigar, electronic cigarillo,
  104  electronic pipe, or other similar device or product, any
  105  replacement cartridge for such device, and any other container
  106  of a solution or other substance intended to be used with or
  107  within an electronic cigarette, electronic cigar, electronic
  108  cigarillo, electronic pipe, or other similar device or product.
  109         (10) “Vapor-generating electronic device retailer” means
  110  any enclosed indoor workplace dedicated to or predominantly for
  111  the retail sale of vapor-generating electronic devices and
  112  components, parts, and accessories for such products, in which
  113  the sale of other products or services is merely incidental.
  114         (d) LEGISLATION. In the next regular legislative session
  115  occurring after voter approval of this section or any amendment
  116  to this section amendment, the Florida legislature shall adopt
  117  legislation to implement this section and any amendment to this
  118  section amendment in a manner consistent with its broad purpose
  119  and stated terms, and having an effective date no later than
  120  July 1 of the year following voter approval. Such legislation
  121  shall include, without limitation, civil penalties for
  122  violations of this section; provisions for administrative
  123  enforcement; and the requirement and authorization of agency
  124  rules for implementation and enforcement. This section does not
  125  Nothing herein shall preclude the legislature from enacting any
  126  law constituting or allowing a more restrictive regulation of
  127  tobacco smoking or the use of vapor-generating electronic
  128  devices than is provided in this section.