Florida Senate - 2009                                     SB 546
       
       
       
       By Senator Sobel
       
       
       
       
       31-00601-09                                            2009546__
    1                        A bill to be entitled                      
    2         An act relating to tanning facilities; amending s.
    3         381.89, F.S.; requiring the parent or legal guardian
    4         of a minor to sign a written statement before the
    5         minor is allowed to use a tanning device; providing
    6         requirements for the written statement; revising the
    7         age at which a minor is allowed to use a tanning
    8         device; prohibiting a minor younger than a certain age
    9         from using a tanning device at a tanning facility;
   10         deleting provisions authorizing the use of a tanning
   11         device by certain minors if accompanied by a parent or
   12         legal guardian; providing an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Subsections (6), (7), and (8) of section 381.89,
   17  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 is
   21  sufficiently knowledgeable and trained in accordance with rules
   22  of the department in the correct operation of the tanning
   23  devices to inform and assist each customer in the proper use of
   24  the devices.
   25         (b) Before each use of a tanning device:
   26         1. Properly sanitize that tanning device equipment,
   27  including, without limitation, handrails, headrests, and bed
   28  surfaces; and
   29         2. Provide a customer with properly sanitized protective
   30  eyewear that protects the eye from ultraviolet radiation and
   31  allows adequate vision to maintain balance.
   32         (c) Show each customer how to use suitable physical aids,
   33  such as handrails and floor markings, to maintain proper
   34  exposure distances recommended by the manufacturer.
   35         (d) Use a timer on each tanning device which is accurate
   36  for any selected time interval to plus or minus 10 percent.
   37         (e) Limit each customer to the maximum exposure time
   38  recommended by the manufacturer of the tanning device.
   39         (f) Maintain the interior temperature of the tanning
   40  facility below 100 °F.
   41         (g) Each time a person uses a tanning facility or executes
   42  or renews a contract to use a tanning facility, have the person
   43  sign a written statement acknowledging that he or she has read
   44  and understands the warnings before using the device and that he
   45  or she agrees to use the protective eyewear. Before a minor is
   46  allowed to use the device, the minor's parent or legal guardian
   47  must sign a written statement acknowledging that he or she has
   48  read and understands the warnings and that the minor agrees to
   49  use protective eyewear.
   50         (h) Display its license in a public area of the tanning
   51  facility.
   52         (i) Report any injury or any complaint of injury to the
   53  department on forms prescribed by the department and provide a
   54  copy of the report to the complainant. The department shall send
   55  to the federal Food and Drug Administration a copy of any report
   56  of an injury occurring in a tanning facility.
   57         (j) Keep a record, for a period of not less than 4 years,
   58  of each customer's use of a tanning device.
   59         (7) A tanning facility may not allow a minor between the
   60  ages of 16 14 and 18 to use a tanning device unless it has on
   61  file a statement signed and witnessed by the tanning operator or
   62  proprietor of the tanning facility and signed by the minor's
   63  parent or legal guardian stating that the parent or legal
   64  guardian:
   65         1. Has read and understands the warnings given by the
   66  tanning facility;,
   67         2. Consents to the minor's use of a tanning device;, and
   68         3. Agrees that the minor will use the provided protective
   69  eyewear; and.
   70         4. Authorizes a specified number of tanning sessions for
   71  the minor during a 12-month period.
   72  A tanning operator or proprietor shall refuse service to a minor
   73  if the minor's parent or legal guardian has not signed the
   74  statement as required by this subsection.
   75         (8) A minor younger than 16 years of under the age may not
   76  use a tanning device at a tanning facility of 14 must be
   77  accompanied by a parent or legal guardian when using a tanning
   78  device.
   79         Section 2. This act shall take effect July 1, 2009.