| 1 | A bill to be entitled |
| 2 | An act relating to regulation of smoking; amending s. |
| 3 | 386.209, F.S.; authorizing municipalities and counties to |
| 4 | regulate smoking at public outdoor athletic facilities |
| 5 | under certain circumstances; providing a definition; |
| 6 | providing an effective date. |
| 7 |
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| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
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| 10 | Section 1. Section 386.209, Florida Statutes, is amended |
| 11 | to read: |
| 12 | 386.209 Regulation of smoking preempted to state.--This |
| 13 | part expressly preempts regulation of smoking to the state and |
| 14 | supersedes any municipal or county ordinance on the subject, |
| 15 | with the exception of a municipal or county ordinance that |
| 16 | regulates smoking within 100 feet of a public outdoor athletic |
| 17 | facility while persons under the age of 18 are present. For the |
| 18 | purposes of this section, "outdoor athletic facility" means an |
| 19 | outdoor basketball court, volleyball court, tennis court, |
| 20 | racquetball court, badminton court, baseball field, softball |
| 21 | field, soccer field, skate park, or similar facility and any |
| 22 | portion thereof, including sidelines, dugouts, bleachers or |
| 23 | other spectator areas, restroom structures, and concession or |
| 24 | eating areas. "Outdoor athletic facility" includes a |
| 25 | freestanding playground, a swimming pool, and all areas adjacent |
| 26 | thereto. |
| 27 | Section 2. This act shall take effect July 1, 2007. |