Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64I - Division of Health Access and Tobacco › Chapter 64I-4 - CLEAN INDOOR AIR ACT › Section 64I-4.001 - Investigation Procedures for Complaints and Notifications of Observed Violations

Current through Reg. 50, No. 138; July 16, 2024
(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."