To update the rule language to reflect the statutory amendments to chapter 386 and section 561.695, Florida Statutes, as amended by chapter 2019-14, Laws of Florida.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Alcoholic Beverages and Tobacco

RULE NO.:RULE TITLE:

61A-7.002Criteria for Smoking Designation

PURPOSE AND EFFECT: To update the rule language to reflect the statutory amendments to chapter 386 and section 561.695, Florida Statutes, as amended by chapter 2019-14, Laws of Florida.

SUMMARY: Chapter 2019-14, Laws of Florida, amends chapter 386 and section 561.695, Florida Statutes, by adding a prohibition on indoor vaping. The updated rule will reflect the statutory changes and incorporate Form DBPR ABT 6012, Notification of Election to Permit Tobacco Smoking and Vaping in the Licensed Premises.

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: the economic review conducted by the agency.

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: 386.2125, 561.08, 561.11, 561.695(8) FS.

LAW IMPLEMENTED: 386.203(12), 561.08, 561.695 FS.

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: Rebecca Hays, Counsel for Compliance and Regulatory Programs, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399, [phone], [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61A-7.002 Criteria for Smoking and Vaping Designation.

Stand-alone bars with an alcoholic beverage consumption on premises license shall be issued a smoking and vaping designation of “ss” or “ssf” upon meeting the following criteria:

(1) The premises meets the definition of a stand-alone bar in sSection 386.203(12)(11), F.S., and

(2) The lLicensee provides the division with a notice of election, using form DBPR ABT 6012, Notification of Election to Permit Tobacco Smoking and Vaping in the Licensed Premises, effective MM-DD-YYYY, and incorporated by reference herein the division’s Internet site accessible at www.myflorida.com, Interactive Voice Response system at [phone], the Customer Call Center at [phone], or by delivering in person or through the mail form DBPR ABT 6039, incorporated herein by reference. Form DBPR ABT 6012 6039, Notification of Election to Permit Tobacco Smoking and Vaping in the Licensed Premises, effective July 1, 2003, may be obtained from by writing the Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, 2601 Blair Stone Road, Tallahassee, Florida 32399-1021, from the district office serving your area of interest, or online may be downloaded from the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-10786, or www.myfloridalicense.com http://www.state.fl.us/dbpr/abt/forms/index.shtml.

Rulemaking Authority 386.2125, 561.08, 561.11, 561.695(8)(9) FS. Law Implemented 386.203(12)(11), 561.08, 561.695(1) FS. History–New 6-14-05, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sterling Whisenhunt, Director, Division of Alcoholic Beverages and Tobacco, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 25, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 9, 2019