HB 771

1
A bill to be entitled
2An act relating to tanning facilities; amending s. 381.89,
3F.S.; requiring the parent or legal guardian of a minor to
4sign a written statement before the minor is allowed to
5use a tanning device; providing requirements for the
6written statement; revising the age at which a minor is
7allowed to use a tanning device; prohibiting a minor
8younger than a certain age from using a tanning device at
9a tanning facility; deleting provisions authorizing the
10use of a tanning device by certain minors if accompanied
11by a parent or legal guardian; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Subsections (6), (7), and (8) of section
17381.89, Florida Statutes, are amended to read:
18     381.89  Regulation of tanning facilities.--
19     (6)  A tanning facility must:
20     (a)  During operating hours, have an operator present who
21is sufficiently knowledgeable and trained in accordance with
22rules of the department in the correct operation of the tanning
23devices to inform and assist each customer in the proper use of
24the devices.
25     (b)  Before each use of a tanning device:
26     1.  Properly sanitize that tanning device equipment,
27including, without limitation, handrails, headrests, and bed
28surfaces; and
29     2.  Provide a customer with properly sanitized protective
30eyewear that protects the eye from ultraviolet radiation and
31allows adequate vision to maintain balance.
32     (c)  Show each customer how to use suitable physical aids,
33such as handrails and floor markings, to maintain proper
34exposure distances recommended by the manufacturer.
35     (d)  Use a timer on each tanning device which is accurate
36for any selected time interval to plus or minus 10 percent.
37     (e)  Limit each customer to the maximum exposure time
38recommended by the manufacturer of the tanning device.
39     (f)  Maintain the interior temperature of the tanning
40facility below 100 °F.
41     (g)  Each time a person uses a tanning facility or executes
42or renews a contract to use a tanning facility, have the person
43sign a written statement acknowledging that he or she has read
44and understands the warnings before using the device and that he
45or she agrees to use the protective eyewear. Before a minor is
46allowed to use the device, the minor's parent or legal guardian
47must sign a written statement acknowledging that he or she has
48read and understands the warnings and that the minor agrees to
49use protective eyewear.
50     (h)  Display its license in a public area of the tanning
51facility.
52     (i)  Report any injury or any complaint of injury to the
53department on forms prescribed by the department and provide a
54copy of the report to the complainant. The department shall send
55to the federal Food and Drug Administration a copy of any report
56of an injury occurring in a tanning facility.
57     (j)  Keep a record, for a period of not less than 4 years,
58of each customer's use of a tanning device.
59     (7)  A tanning facility may not allow a minor between the
60ages of 16 14 and 18 to use a tanning device unless it has on
61file a statement signed and witnessed by the tanning operator or
62proprietor of the tanning facility and signed by the minor's
63parent or legal guardian stating that the parent or legal
64guardian:
65     (a)  Has read and understands the warnings given by the
66tanning facility;,
67     (b)  Consents to the minor's use of a tanning device;, and
68     (c)  Agrees that the minor will use the provided protective
69eyewear; and.
70     (d)  Authorizes a specified number of tanning sessions for
71the minor during a 12-month period.
72
73A tanning operator or proprietor shall refuse service to a minor
74if the minor's parent or legal guardian has not signed the
75statement as required by this subsection.
76     (8)  A minor younger than 16 years of under the age may not
77use a tanning device at a tanning facility of 14 must be
78accompanied by a parent or legal guardian when using a tanning
79device.
80     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.