The purpose of this rulemaking is to update rule language so it is consistent with the statute, to omit unclear, duplicative and unnecessary language and to incorporate a newly developed application for the approval of smoking cessation programs.

 

DEPARTMENT OF HEALTH

Division of Health Access and Tobacco

RULE NOS.:RULE TITLES:

64I-4.001Procedures for Investigations of Florida Clean Indoor Air Act (FCIAA) Complaints

64I-4.002On-Site Investigations of Enclosed Indoor Workplaces

64I-4.003DOH Procedures for Responding to Complaints and Complaint Referrals Involving Enclosed Indoor Workplaces

64I-4.004Minimum Standards for Assessing Fines by DOH Personnel Against an Enclosed Indoor Workplace Found to Be in Violation of the Florida Clean Indoor Air Act

64I-4.005Smoking Cessation Program Designations

64I-4.006Definitions

PURPOSE AND EFFECT: The purpose of this rulemaking is to update rule language so it is consistent with the statute, to omit unclear, duplicative and unnecessary language and to incorporate a newly developed application for the approval of smoking cessation programs.

SUMMARY: The Rule 64I-4.001, F.A.C., provides procedures for investigating complaints alleging observed violations of the Florida Clean Indoor Air Act and provides procedures for issuing a notice to comply. Rules 64I-4.002 and 64I-4.003, F.A.C. are being repealed and those procedures have been added to Rule 64I-4.001, F.A.C. Rule 64I-4.004, F.A.C. provides for fines that may be imposed for violations that have not been corrected within 30 days. Rule 64I-4.005, F.A.C. is revised to include an application for the approval of smoking cessation programs. Rule 64I-4.006, F.A.C. is being repealed as unnecessary.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency. The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in Section 120.541(2)(a), F.S.

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.

RULEMAKING AUTHORITY: 386.207, 386.2125 F.S

LAW IMPLEMENTED: 381.0012, 386.206, 386.207, 386.2045(5) F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sonja Bradwell, Florida Department of Health, Bureau of Tobacco Free Florida, 4052 Bald Cypress Way, Bin C-23, Tallahassee, Florida 32399-1743, [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64I-4.001 Investigation Procedures for Complaints and Notifications of Observed Violations. Procedures for Investigations of Florida Clean Indoor Air Act (FCIAA) Complaints.

(1) Complaints and notifications of observed violations regarding the Florida Clean Indoor Air Act (FCIAA) can be reported by telephone, fax, mail or email to the department. The name of the enclosed indoor workplace where the violation is occuring, mailing address, city, and zip code, nature of violation(s), and if possible, the name of the person in charge should be included. Notifications and complaints may be mailed to the Department of Health, Bureau of Tobacco Free Florida at 4052 Bald Cypress Way, Bin C-23, Tallahassee, Florida 32399-1743; faxed to [phone]; emailed to [e-mail]; or, called in to 1(800)337-3742. During inspections, DOH 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) The department shall inform the proprietor or other person of the complaint or notification of observed violation and issue a notice to comply by certified mail. The specific violation(s) and any requested remedial action shall be stated. Cigarette and cigar butts, ashes, and receptacles shall be documented as evidence of violations of the FCIAA.

(3) The proprietor or other person in charge shall have 30 days to respond in writing to the notice to comply. If the proprietor or other person in charge fails to respond within that time or if an additional complaint is received, the department will forward a copy of the complaint or notification of observed violation to the county health department director or administrator in the county where the violation(s) occurred and request an on-site inspection. Upon completion of the on-site inspection, DOH personnel shall complete the required sections of the Request for Inspection Form, DH 1026, 08/2007 a copy of which may be obtained from the Department of Health, Bureau of Tobacco Prevention Program, 4052 Bald Cypress Way, Bin C23, Tallahassee, FL 32399-1743, and which is incorporated herein by reference, reporting facts relating to compliance with the FCIAA.

(4) During an on-site inspection all violations of the FCIAA shall be documented.

(a) Evidence of cigarette and cigar butts, ashes, and receptacles in the indoor workplace shall be documented as “Smoking in a prohibited area.”

(b) Inability to produce a written policy prohibiting smoking in the enclosed indoor workplace shall be documented as “Failure to develop a no smoking policy.”

(c) If a violation of the no smoking policy is observed or if evidence of smoking is observed after the proprietor or other person in charge was made aware of a violation it shall be documented as “Failure to implement a no smoking policy.”

(d) If the proprietor or other person in charge where a smoking cessation program, medical research, or scientific research is conducted does not conspicuously post, or cause to be posted, signs designating areas where smoking is permitted for such purposes shall be documented as “Failure to post signs designating smoking permitted areas.”

(5)(4) The county health department director or administrator will forward the completed inspection form to the Bureau of Tobacco Free Florida Prevention Program, 4052 Bald Cypress Way, Bin C23, Tallahassee, FL 32399-1743 and provide a copy to the proprietor or other person in charge.

(6)(5) Upon receipt of a completed inspection documenting violations of the FCIAA that have not been corrected within thirty (30) days after receipt of a notice to comply the report, the Bureau of Tobacco Free Florida Prevention Program shall evaluate the report documented violations for further action in accordance with Chapters 120, 381, and 386, F.S.

Rulemaking 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 5-25-08,_______.

 

64I-4.002 On-Site Investigations of Enclosed Indoor Workplaces.

Specific Authority 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, 64D-1.002, Amended 11-5-02, 8-16-04, Formerly 64E-25.002, Amended 5-25-08, Repealed                  .

 

64I-4.003 DOH Procedures for Responding to Complaints and Complaint Referrals Involving Enclosed Indoor Workplaces.

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-105.010, 64D-1.003, Amended 11-5-02, 8-16-04, Formerly 64E-25.003, Repealed                    .

 

64I-4.004 Fines Minimum Standards for Assessing Fines by DOH Personnel Against an Enclosed Indoor Workplace Found to Be in Violation of the Florida Clean Indoor Air Act.

When the proprietor or other person in charge of an enclosed indoor workplace has been notified of observed violation(s) upon receipt of the department’s notice to comply noncompliance letter and has failed to correct the violation(s) within thirty (30) days, the department shall assess fines in accordance with the following fine schedule and the provisions of Chapter 120, F.S.

              First              Second              Third

OffenseOffenseOffense

Smoking permitted in prohibited area:$250.00$500.00$1,000.00

Failure to develop a no smoking policy:$250.00$500.00$1,000.00

Failure to implement a no smoking policy:$250.00$500.00$1,000.00

Failure to post signs in “Designated Smoking $250.00$500.00$1,000.00

Area” or Smoking Permitted” signs not posted

in designated areas of an enclosed indoor

workplace where a smoking cessation program,

medical research, or scientific research is conducted:

“Smoking prohibited” signs not posted.$250.00$500.00$1,000.00

Rulemaking 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-105.012, 64D-1.004, Amended 8-16-04, Formerly 64E-25.004, Amended               .

 

64I-4.005 Smoking Cessation Program Approval Designations.

(1) If a smoking cessation program is conducted within an enclosed indoor workplace and requires smoking during its sessions, the department must approve the program in order to permit smoking within an enclosed indoor workplace. Programs seeking such approval must submit a completed Department of Health Application for Smoking Cessation Programs, DH9000-CHP-06/2015, incorporated by reference and available at__________or by email at [e-mail].

(2) Those smoking cessation programs, which desire to seek such approval, must apply to the department and comply with the following requirements:

(a) The program provides a minimum of four sessions. Sessions may be conducted with individuals or groups. These sessions shall include the following topics:

1. Establishing reasons for quitting;

2. Various techniques for quitting and remaining a non-smoker;

3. Overcoming the problems of quitting, i.e., withdrawal symptoms;

4. Short-term goal setting;

5. Setting a quit date; and

6. Relapse prevention information.

(b) The program operates under a written program or service outline. This outline shall include:

1. Overview of the program or service;

2. Objectives and key topics covered;

3. General counseling strategies; and

4. Clearly stated process of evaluation.

(c) The program employs counselors who have training and experience in smoking cessation.

(d) The program utilizes an evaluation process as set out in a written program or service outline.

(e) If smoking is permitted in any area, the area must be designated as such and comply with signage requirements under Section 386.206(4), F.S.

(f) Such designated areas must exhaust tobacco smoke directly to the outside and away from air intake ducts, and be maintained under negative pressure, with respect to surrounding spaces to contain tobacco smoke within the designated area.

Rulemaking Specific Authority 386.207, 386.2125 FS. Law Implemented 386.2045(5), 386.206(4), 386.207 FS. History–New 8-16-04, Formerly 64E-25.005, Amended                     .

 

64I-4.006 Definitions.

Specific Authority 386.2125 FS. Law Implemented 386.203(5), (12) FS. History–New 8-16-04, Formerly 64E-25.006, Repealed_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sonja Bradwell

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John H. Armstrong, MD, FACS, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 28, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 20, 2015