Bill Text: FL S0414 | 2016 | Regular Session | Introduced
Bill Title: Use of a Tanning Facility by a Minor
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2016-03-11 - Died in Criminal Justice [S0414 Detail]
Download: Florida-2016-S0414-Introduced.html
Florida Senate - 2016 SB 414 By Senator Sobel 33-00263-16 2016414__ 1 A bill to be entitled 2 An act relating to the use of a tanning facility by a 3 minor; providing a short title; amending s. 381.89, 4 F.S.; prohibiting a minor of any age from using a 5 tanning device at a tanning facility unless a health 6 care provider prescribes use of the device to treat a 7 medical condition and the tanning facility has on file 8 a specified statement signed by the minor’s parent or 9 guardian and witnessed by the operator or proprietor 10 of the tanning facility; prohibiting a tanning 11 facility from providing tanning sessions that exceed 12 the number, frequency, or exposure time prescribed by 13 the health care provider or authorized by law or 14 department rule, whichever is less; requiring a parent 15 or guardian to accompany a minor who is younger than 16 14 years of age during the prescribed tanning 17 sessions; conforming a cross-reference; making 18 technical changes; providing an effective date. 19 20 WHEREAS, frequent exposure to ultraviolet radiation through 21 the use of tanning devices increases the risk of developing skin 22 cancer, including melanoma, the deadliest form of skin cancer, 23 and 24 WHEREAS, the American Academy of Dermatology estimates that 25 nearly 2.3 million minors use tanning devices annually, and 26 WHEREAS, the United States Food and Drug Administration 27 warns that a minor’s overexposure to ultraviolet radiation 28 during childhood greatly increases the chances of developing 29 skin cancer later in life, and 30 WHEREAS, the Legislature finds that it is in the public 31 interest to protect minors from the harmful effects of 32 ultraviolet radiation through the use of tanning devices by 33 restricting a minor’s access to such devices unless authorized 34 by a health care provider, NOW, THEREFORE, 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. This act may be cited as the “Preventing Youth 39 Skin Cancer Act.” 40 Section 2. Present subsections (9) through (13) of section 41 381.89, Florida Statutes, are redesignated as subsections (8) 42 through (12), respectively, and present subsections (7), (8), 43 and (10) of that section are amended, to read: 44 381.89 Regulation of tanning facilities.— 45 (7)(a) A tanning facility may not allow a minorbetween the46ages of 14and 18to use a tanning device unless: 47 1. The use of the tanning device is prescribed by a health 48 care provider to treat a medical condition; and 49 2. The tanning facilityithas on file a statement signed 50 by the minor’s parent or legal guardian and witnessed by the 51 operator or proprietor of the tanning facility stating that the 52 parent or legal guardian: 53 a. Has read and understands the warnings given by the 54 tanning facility;,55 b. Consents to the minor’s use of a tanning device;,and56 c. Agrees that the minor will use the provided protective 57 eyewear; and.58 d. Authorizes a specified number of tanning sessions for 59 the minor as prescribed by the minor’s health care provider. 60 (b) The tanning sessions provided by a tanning facility may 61 not exceed the number, frequency, or exposure time prescribed by 62 the health care provider or authorized by this section or rules 63 of the department, whichever is less. 64 (c) The parent or legal guardian must accompany a minor who 65 is younger than 14 years of age during the prescribed tanning 66 sessions. 67(8) A minor under the age of 14 must be accompanied by a68parent or legal guardian when using a tanning device.69 (9)(10)PENALTIES.—70 (a) Each of the following acts constitutes a felony of the 71 third degree, punishable as provided in s. 775.082 or s. 72 775.083: 73 1. Owning or operating, or soliciting business as, a 74 tanning facility in this state without first procuring a license 75 from the department, unless specifically exempted by this 76 section. 77 2. Obtaining or attempting to obtain a license by means of 78 fraud, misrepresentation, or concealment. 79 (b) Each of the following acts constitutes a misdemeanor of 80 the second degree, punishable as provided in s. 775.082 or s. 81 775.083: 82 1. Failing to maintain the records required by this section 83 or knowingly making false entries in such records. 84 2. Failing to comply with subsection (7)or subsection (8). 85 (c) The court may, in addition to other punishment provided 86 for, suspend or revoke the license of any licensee under this 87 section who has been found guilty of any violation listed in 88 paragraph (a) or paragraph (b). 89 (d) IfIn the eventthe department or aanystate attorney 90 hasshall haveprobable cause to believe that a tanning facility 91 or other person has violated any provision of paragraph (a), an 92 action may be brought by the department oranystate attorney to 93 enjoin such tanning facility oranyperson from continuing the 94suchviolation, or engaging therein or doing any acts in 95 furtherance thereof, and for such other relief astothe court 96 determinesseemsappropriate. 97 Section 3. This act shall take effect October 1, 2016.