Fla. Admin. Code Ann. R. 64I-4.001 - Investigation Procedures for Complaints and Notifications of Observed Violations

(1) Complaints and notifications of observed violations regarding the Florida Clean Air Act (FCAA) 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 (850)414-7497; emailed to FCAA@flhealth.gov; or, called in to 1(800)337-3742.

(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.

(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.

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

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

(b) Evidence of the use of an electronic smoking device that can be used to simulate smoking in the delivery of nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo or electronic pipe or other similar device or product shall be documented as "Vaping in a prohibited area."

(c) Inability to produce a written policy prohibiting smoking or vaping in the enclosed indoor workplace shall be documented as "Failure to develop a no smoking/no vaping policy."

(d) If a violation of the no smoking/no vaping policy is observed or if evidence of smoking or vaping 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/no vaping policy."

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

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

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

Notes

Fla. Admin. Code Ann. R. 64I-4.001

Rulemaking Authority 386.207, 386.2125 FS. Law Implemented 381.0012, 386.206, 386.207 FS.

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, Amended by Florida Register Volume 41, Number 150, August 04, 2015 effective 8/19/2015, Amended by Florida Register Volume 46, Number 088, May 5, 2020 effective 5/19/2020.

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, 8-19-15, 5-19-20.