Procedures to Be Followed by Department of Health (DOH) Personnel When Investigating Florida Clean Indoor Air Act (FCIAA) Complaints and Notifying Alleged Violators.
DEPARTMENT OF HEALTH
Division of Health Access and TobaccoRULE NO: RULE TITLE
64I-4.001: Procedures to Be Followed by Department of Health (DOH) Personnel When Investigating Florida Clean Indoor Air Act (FCIAA) Complaints and Notifying Alleged Violators.NOTICE OF CORRECTION
Notice is hereby given that the following correction has been made to the proposed rule in Vol. 33 No. 49, December 7, 2007 issue of the Florida Administrative Weekly.
This Notice of Correction Corrects the Notice of Development of Rulemaking that was published on December 7, 2007.
PURPOSE AND EFFECT: The purpose of the amendment is to conform the rules to the statute.
SUBJECT AREA TO BE ADDRESSED: Chapter 386, Part II, Florida Statutes, Florida Clean Indoor Air Act.
SPECIFIC AUTHORITY: 386.2125 FS.
LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Erin Levingston, Paralegal Specialist, Department of Health, 4052 Bald Cypress Way, Bin A-02, Tallahassee, Florida 32399-1743, (850)245-4005 or, erin_levingston@doh.state.fl.us.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
64I-4.001 Procedures for Investigations of to Be Followed by Department of Health (DOH) Personnel When Investigating Florida Clean Indoor Air Act (FCIAA) Complaints and Notifying Alleged Violators.
(1) During inspections, DOH environmental health personnel shall document all observed violations of the Florida Clean Indoor Air Act (FCIAA) according to the requirements of Chapter 64I-4, F.A.C.
(2) Upon completion of the on-site inspection, DOH environmental health personnel shall complete the required sections of the Request for Inspection Form, a copy of which may be obtained from the Department of Health, Division of Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23, Tallahassee, FL 32399-1743, and which is incorporated herein by reference, reporting that: facts relating to compliance with the FCIAA.
(a) The enclosed indoor workplace is not in compliance with the FCIAA and administrative proceedings shall be initiated, or
(b) There were no violations of the FCIAA found and the case shall be closed.
(3) The county health department director or administrator will forward the completed inspection form to the Division of Health Access and Tobacco, 4052 Bald Cypress Way, Bin C23, Tallahassee, FL 32399-1743.
(4) Upon receipt of the county health department report, the Division of Health Access and Tobacco shall: evaluate the report for further action in accordance with Chapters 120, 381, and 386, F. S.
(a) Initiate administrative procedures according to the provisions of Chapter 120, F.S., or
(b) Close the case.
Specific Authority 386.207, 386.2125 FS. Law Implemented 381.0012, 386.206, 386.207 FS. History–New 2-27-94, Amended 4-2-96, Formerly 10D-105.008, 64D-1.001, Amended 11-5-02, 8-16-04, Formerly 64E-25.001, Amended _________.
