HB 1093

1
A bill to be entitled
2An act relating to regulation of smoking; amending s.
3386.209, F.S.; authorizing municipalities and counties to
4regulate smoking at public outdoor athletic facilities
5under certain circumstances; providing a definition;
6providing an effective date.
7
8Be It Enacted by the Legislature of the State of Florida:
9
10     Section 1.  Section 386.209, Florida Statutes, is amended
11to read:
12     386.209  Regulation of smoking preempted to state.--This
13part expressly preempts regulation of smoking to the state and
14supersedes any municipal or county ordinance on the subject,
15with the exception of a municipal or county ordinance that
16regulates smoking within 100 feet of a public outdoor athletic
17facility while persons under the age of 18 are present. For the
18purposes of this section, "outdoor athletic facility" means an
19outdoor basketball court, volleyball court, tennis court,
20racquetball court, badminton court, baseball field, softball
21field, soccer field, skate park, or similar facility and any
22portion thereof, including sidelines, dugouts, bleachers or
23other spectator areas, restroom structures, and concession or
24eating areas. "Outdoor athletic facility" includes a
25freestanding playground, a swimming pool, and all areas adjacent
26thereto.
27     Section 2.  This act shall take effect July 1, 2007.


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