ENROLLED
2017 CRC P 6004
20176004er
1
2 REVISION 4
3 A proposal to revise the State Constitution by the Constitution
4 Revision Commission of Florida.
5
6 A proposed revision relating to environmental health;
7 amending Section 7 of Article II of the State
8 Constitution to prohibit the drilling for exploration
9 or extraction of oil and natural gas in specified
10 state waters; and amending Section 20 of Article X of
11 the State Constitution to establish a general
12 prohibition on the use of vapor-generating electronic
13 devices in enclosed indoor workplaces.
14
15 Be It Proposed by the Constitution Revision Commission of
16 Florida:
17
18 Section 7 of Article II of the State Constitution is
19 amended to read:
20 ARTICLE II
21 GENERAL PROVISIONS
22 SECTION 7. Natural resources and scenic beauty.—
23 (a) It shall be the policy of the state to conserve and
24 protect its natural resources and scenic beauty. Adequate
25 provision shall be made by law for the abatement of air and
26 water pollution and of excessive and unnecessary noise and for
27 the conservation and protection of natural resources.
28 (b) Those in the Everglades Agricultural Area who cause
29 water pollution within the Everglades Protection Area or the
30 Everglades Agricultural Area shall be primarily responsible for
31 paying the costs of the abatement of that pollution. For the
32 purposes of this subsection, the terms “Everglades Protection
33 Area” and “Everglades Agricultural Area” shall have the meanings
34 as defined in statutes in effect on January 1, 1996.
35 (c) To protect the people of Florida and their environment,
36 drilling for exploration or extraction of oil or natural gas is
37 prohibited on lands beneath all state waters which have not been
38 alienated and that lie between the mean high water line and the
39 outermost boundaries of the state’s territorial seas. This
40 prohibition does not apply to the transportation of oil and gas
41 products produced outside of such waters. This subsection is
42 self-executing.
43
44 Section 20 of Article X of the State Constitution is
45 amended to read:
46 ARTICLE X
47 MISCELLANEOUS
48 SECTION 20. Workplaces without tobacco smoke or vapor.—
49 (a) PROHIBITION. As a Florida health initiative to protect
50 people from the health hazards of second-hand tobacco smoke and
51 vapor, tobacco smoking and the use of vapor-generating
52 electronic devices are is prohibited in enclosed indoor
53 workplaces. This section does not preclude the adoption of
54 ordinances that impose more restrictive regulation on the use of
55 vapor-generating electronic devices than is provided in this
56 section.
57 (b) EXCEPTIONS. As further explained in the definitions
58 below, tobacco smoking and the use of vapor-generating
59 electronic devices may be permitted in private residences
60 whenever they are not being used commercially to provide child
61 care, adult care, or health care, or any combination thereof;
62 and further may be permitted in retail tobacco shops, vapor
63 generating electronic device retailers, designated smoking guest
64 rooms at hotels and other public lodging establishments; and
65 stand-alone bars. However, nothing in this section or in its
66 implementing legislation or regulations shall prohibit the
67 owner, lessee, or other person in control of the use of an
68 enclosed indoor workplace from further prohibiting or limiting
69 smoking or the use of vapor-generating electronic devices
70 therein.
71 (c) DEFINITIONS. For purposes of this section, the
72 following words and terms shall have the stated meanings:
73 (1) “Smoking” means inhaling, exhaling, burning, carrying,
74 or possessing any lighted tobacco product, including cigarettes,
75 cigars, pipe tobacco, and any other lighted tobacco product.
76 (2) “Second-hand smoke,” also known as environmental
77 tobacco smoke (ETS), means smoke emitted from lighted,
78 smoldering, or burning tobacco when the smoker is not inhaling;
79 smoke emitted at the mouthpiece during puff drawing; and smoke
80 exhaled by the smoker.
81 (3) “Work” means any person’s providing any employment or
82 employment-type service for or at the request of another
83 individual or individuals or any public or private entity,
84 whether for compensation or not, whether full or part-time,
85 whether legally or not. “Work” includes, without limitation, any
86 such service performed by an employee, independent contractor,
87 agent, partner, proprietor, manager, officer, director,
88 apprentice, trainee, associate, servant, volunteer, and the
89 like.
90 (4) “Enclosed indoor workplace” means any place where one
91 or more persons engages in work, and which place is
92 predominantly or totally bounded on all sides and above by
93 physical barriers, regardless of whether such barriers consist
94 of or include uncovered openings, screened or otherwise
95 partially covered openings; or open or closed windows,
96 jalousies, doors, or the like. This section applies to all such
97 enclosed indoor workplaces without regard to whether work is
98 occurring at any given time.
99 (5) “Commercial” use of a private residence means any time
100 during which the owner, lessee, or other person occupying or
101 controlling the use of the private residence is furnishing in
102 the private residence, or causing or allowing to be furnished in
103 the private residence, child care, adult care, or health care,
104 or any combination thereof, and receiving or expecting to
105 receive compensation therefor.
106 (6) “Retail tobacco shop” means any enclosed indoor
107 workplace dedicated to or predominantly for the retail sale of
108 tobacco, tobacco products, and accessories for such products, in
109 which the sale of other products or services is merely
110 incidental.
111 (7) “Designated smoking guest rooms at public lodging
112 establishments” means the sleeping rooms and directly associated
113 private areas, such as bathrooms, living rooms, and kitchen
114 areas, if any, rented to guests for their exclusive transient
115 occupancy in public lodging establishments including hotels,
116 motels, resort condominiums, transient apartments, transient
117 lodging establishments, rooming houses, boarding houses, resort
118 dwellings, bed and breakfast inns, and the like; and designated
119 by the person or persons having management authority over such
120 public lodging establishment as rooms in which smoking may be
121 permitted.
122 (8) “Stand-alone bar” means any place of business devoted
123 during any time of operation predominantly or totally to serving
124 alcoholic beverages, intoxicating beverages, or intoxicating
125 liquors, or any combination thereof, for consumption on the
126 licensed premises; in which the serving of food, if any, is
127 merely incidental to the consumption of any such beverage; and
128 that is not located within, and does not share any common
129 entryway or common indoor area with, any other enclosed indoor
130 workplace including any business for which the sale of food or
131 any other product or service is more than an incidental source
132 of gross revenue.
133 (9) “Vapor-generating electronic device” means any product
134 that employs an electronic, a chemical, or a mechanical means
135 capable of producing vapor or aerosol from a nicotine product or
136 any other substance, including, but not limited to, an
137 electronic cigarette, electronic cigar, electronic cigarillo,
138 electronic pipe, or other similar device or product, any
139 replacement cartridge for such device, and any other container
140 of a solution or other substance intended to be used with or
141 within an electronic cigarette, electronic cigar, electronic
142 cigarillo, electronic pipe, or other similar device or product.
143 (10) “Vapor-generating electronic device retailer” means
144 any enclosed indoor workplace dedicated to or predominantly for
145 the retail sale of vapor-generating electronic devices and
146 components, parts, and accessories for such products, in which
147 the sale of other products or services is merely incidental.
148 (d) LEGISLATION. In the next regular legislative session
149 occurring after voter approval of this section or any amendment
150 to this section amendment, the Florida legislature shall adopt
151 legislation to implement this section and any amendment to this
152 section amendment in a manner consistent with its broad purpose
153 and stated terms, and having an effective date no later than
154 July 1 of the year following voter approval. Such legislation
155 shall include, without limitation, civil penalties for
156 violations of this section; provisions for administrative
157 enforcement; and the requirement and authorization of agency
158 rules for implementation and enforcement. This section does not
159 Nothing herein shall preclude the legislature from enacting any
160 law constituting or allowing a more restrictive regulation of
161 tobacco smoking or the use of vapor-generating electronic
162 devices than is provided in this section.
163
164 BE IT FURTHER PROPOSED that the following statement be placed on
165 the ballot:
166
167 CONSTITUTIONAL AMENDMENT
168 ARTICLE II, SECTION 7
169 ARTICLE X, SECTION 20
170 PROHIBITS OFFSHORE OIL AND GAS DRILLING; PROHIBITS VAPING
171 IN ENCLOSED INDOOR WORKPLACES.—Prohibits drilling for the
172 exploration or extraction of oil and natural gas beneath all
173 state-owned waters between the mean high water line and the
174 state’s outermost territorial boundaries. Adds use of vapor
175 generating electronic devices to current prohibition of tobacco
176 smoking in enclosed indoor workplaces with exceptions; permits
177 more restrictive local vapor ordinances.