Florida Senate - 2012                                     SB 360
       
       
       
       By Senator Sobel
       
       
       
       
       31-00137-12                                            2012360__
    1                        A bill to be entitled                      
    2         An act relating to tanning facilities; amending s.
    3         381.89, F.S.; requiring that the operator or
    4         proprietor of a tanning facility witness the signing
    5         of a written statement by the parent or legal guardian
    6         of a minor before the minor is allowed to use a
    7         tanning device; providing requirements for the written
    8         statement; prohibiting a minor younger than a certain
    9         age 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; allowing use of a tanning device by
   13         certain minors as treatment prescribed by a health
   14         care provider; providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (7) and (8) of section 381.89,
   19  Florida Statutes, are amended to read:
   20         381.89 Regulation of tanning facilities.—
   21         (7) A tanning facility may not allow a minor between the
   22  ages of 14 years of age or older and 18 to use a tanning device
   23  unless it has on file a statement signed by the minor’s parent
   24  or legal guardian and witnessed by the operator or proprietor of
   25  the tanning facility stating that the parent or legal guardian:
   26         (a) Has read and understands the warnings given by the
   27  tanning facility;,
   28         (b) Consents to the minor’s use of a tanning device;, and
   29         (c) Agrees that the minor will use the provided protective
   30  eyewear; and.
   31         (d) Authorizes a specified number of tanning sessions for
   32  the minor during a 12-month period. The number of tanning
   33  sessions authorized by the parent or legal guardian may not
   34  exceed the number authorized by rules of the department and the
   35  manufacturer’s exposure schedule.
   36  
   37  An operator or proprietor of a tanning facility shall refuse
   38  service to a minor if the minor’s parent or legal guardian has
   39  not, in the operator’s or proprietor’s presence, signed the
   40  statement as required by this subsection.
   41         (8) A minor younger than 14 years of under the age may not
   42  use a tanning device at a tanning facility of 14 must be
   43  accompanied by a parent or legal guardian when using a tanning
   44  device. This subsection does not apply if use of the tanning
   45  device is prescribed by a health care provider. However, the
   46  parent or legal guardian must comply with subsection (7) if use
   47  of the tanning device is prescribed by the health care provider.
   48         Section 2. This act shall take effect July 1, 2012.