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-4.002: On-Site Investigations of Enclosed Indoor Workplaces.
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.
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: 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-4.002 On-Site Investigations of Enclosed Indoor Workplaces.

During inspections or investigations of any Florida Clean Indoor Air Act (FCIAA) complaint, DOH environmental health personnel shall document all observed violation(s) of Section 386.206, F.S.

(1) The proprietor or other person in charge of an enclosed indoor workplace must develop a policy regarding the prohibition of smoking in an enclosed indoor workplace. Such policy must include a prohibition of smoking in the enclosed indoor workplace. Should there be no written policy, a violation of Section 386.206(1), F.S., exists and will be documented as: “Failure to develop a policy regarding smoking prohibition.”

(2) The proprietor or other person in charge of an enclosed indoor workplace shall implement a policy regarding smoking prohibition. If persons are observed violating the policy, and the proprietor or other person in charge witnesses or is made aware of a violation of Section 386.204, F.S., in the enclosed indoor workplace but nonetheless fails to implement the policy, a violation of Section 386.206(1), F.S., exists and shall be documented as: “Failure to implement a policy regarding smoking prohibition.”

(3) The proprietor or other person in charge of an enclosed indoor workplace where a smoking cessation program, medical research, or scientific research is conducted shall conspicuously post, or cause to be posted, signs designating areas where smoking is permitted for such purposes within the enclosed indoor workplace. If such signs are not posted then a violation of Section 386.206(3), F.S., exists and will be documented as: “Failure to post signs designating smoking permitted areas.”

(4) The proprietor or other person in charge of an enclosed indoor workplace where, prior to the adoption of s. 20, Art. X of the State Constitution was required to post signs under Section 386.206, F.S., shall continue to post signs stating that smoking is prohibited within the enclosed indoor workplace. If such signs are not posted then a violation of Section 386.206(2), F.S. exists and will be documented as: “Failure to post smoking prohibited signs.”

Specific Authority 386.207, 386.2125, FS. Law Implemented 386.206, 386.207 FS. History–New 2-27-94, Amended 2-19-96, 4-2-96, Formerly 10D-105.009, Formerly 64D-1.002, 64E-25.002, 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