| 1 | A bill to be entitled |
| 2 | An act relating to tanning facilities; amending s. 381.89, |
| 3 | F.S.; requiring the parent or legal guardian of a minor to |
| 4 | sign a written statement before the minor is allowed to |
| 5 | use a tanning device; providing requirements for the |
| 6 | written statement; revising the age at which a minor is |
| 7 | allowed to use a tanning device; prohibiting a minor |
| 8 | younger than a certain age from using a tanning device at |
| 9 | a tanning facility; deleting provisions authorizing the |
| 10 | use of a tanning device by certain minors if accompanied |
| 11 | by a parent or legal guardian; providing an effective |
| 12 | date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Subsections (6), (7), and (8) of section |
| 17 | 381.89, 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 |
| 21 | is sufficiently knowledgeable and trained in accordance with |
| 22 | rules 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 | (a) Has read and understands the warnings given by the |
| 66 | tanning 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 |
| 69 | eyewear; and. |
| 70 | (d) Authorizes a specified number of tanning sessions for |
| 71 | the minor during a 12-month period. |
| 72 | |
| 73 | A tanning operator or proprietor shall refuse service to a minor |
| 74 | if the minor's parent or legal guardian has not signed the |
| 75 | statement as required by this subsection. |
| 76 | (8) A minor younger than 16 years of under the age may not |
| 77 | use a tanning device at a tanning facility of 14 must be |
| 78 | accompanied by a parent or legal guardian when using a tanning |
| 79 | device. |
| 80 | Section 2. This act shall take effect July 1, 2009. |