It is the purpose of this rule amendment to conform the rule to the current statute.

DEPARTMENT OF HEALTH
Division of Health Access and Tobacco

RULE 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.
PURPOSE AND EFFECT: It is the purpose of this rule amendment to conform the rule to the current statute.
SUMMARY: The proposed amendment will revise the current procedures to be followed by the Department when investigating Florida Clean Indoor Air complaints and notifying alleged violators.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 386.2125 FS.
LAW IMPLEMENTED: 381.0012, 386.206, 386.207 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Erin Levingston, Paralegal Specialist, General Counsel’s Office, 4052 Bald Cypress Way, Mail Bin A-02, Tallahassee, Florida 32399-1743, [phone] or, [e-mail]

THE FULL TEXT OF THE PROPOSED RULE 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) Cigarette and cigar butts, ashes, and recepticles shall be documented as evidence of violations of the FCIAA.

(3)(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.

(4)(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.

(5)(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, 64E-25.001, Amended 11-5-02, 8-16-04,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Gregg Smith
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Gregg Smith
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 28, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 28, 2007