Florida Senate - 2013                                    SB 1674
       
       
       
       By Senator Sobel
       
       
       
       
       33-00362-13                                           20131674__
    1                        A bill to be entitled                      
    2         An act relating to the prevention of cancer in youth;
    3         amending s. 381.89, F.S.; providing a definition;
    4         prohibiting a minor from using a tanning device at a
    5         tanning facility; providing an exception for a minor
    6         who is using a tanning device as prescribed by a
    7         health care provider to treat a medical condition;
    8         requiring the operator or proprietor of a tanning
    9         facility to witness the signing of a written statement
   10         by the parent or legal guardian of the minor before he
   11         or she is allowed to use a tanning device as
   12         prescribed by a health care provider; providing
   13         requirements for the written statement; requiring a
   14         parent or guardian to accompany a minor who is under
   15         the age of 14 during the prescribed tanning sessions;
   16         providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Present subsections (9) through (13) of section
   21  381.89, Florida Statutes, are redesignated as subsections (8)
   22  through (12), respectively, and present subsections (7), (8),
   23  and paragraph (b) of subsection (10) of that section are
   24  amended, to read:
   25         381.89 Regulation of tanning facilities.—
   26         (7) A tanning facility may not allow a minor between the
   27  ages of 14 and 18 to use a tanning device. This subsection does
   28  not apply if use of the tanning device is prescribed by a health
   29  care provider. If use of the tanning device is prescribed by a
   30  health care provider, the tanning facility must have unless it
   31  has on file a statement signed by the minor’s parent or legal
   32  guardian and witnessed by the operator or proprietor of the
   33  tanning facility stating that the parent or legal guardian:
   34         (a) Has read and understands the warnings given by the
   35  tanning facility.,
   36         (b) Consents to the minor’s use of a tanning device., and
   37         (c) Agrees that the minor will use the provided protective
   38  eyewear.
   39         (d) Authorizes a specified number of tanning sessions for
   40  the minor as prescribed by the minor’s health care provider.
   41  
   42  The number of tanning sessions authorized by the health care
   43  provider may not exceed the number authorized by rules of the
   44  department and the manufacturer’s exposure schedule. The parent
   45  or guardian shall accompany a minor who is under the age of 14
   46  during the prescribed tanning sessions. An operator or
   47  proprietor of a tanning facility shall refuse service to a minor
   48  if the minor’s parent or legal guardian has not, in the
   49  operator’s or proprietor’s presence, signed the statement as
   50  required by this subsection.
   51         (8) A minor under the age of 14 must be accompanied by a
   52  parent or legal guardian when using a tanning device.
   53         (9)(10) PENALTIES.—
   54         (b) Each of the following acts constitutes a misdemeanor of
   55  the second degree, punishable as provided in s. 775.082 or s.
   56  775.083:
   57         1. Failing to maintain the records required by this section
   58  or knowingly making false entries in such records.
   59         2. Failing to comply with subsection (7) or subsection (8).
   60         Section 2. This act shall take effect July 1, 2013.