Bill Text: FL S1044 | 2012 | Regular Session | Introduced

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Bill Title: Tanning Facilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Health Regulation [S1044 Detail]

Download: Florida-2012-S1044-Introduced.html

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       Florida Senate - 2012                                    SB 1044
       
       
       
       By Senator Sobel
       
       
       
       
       31-00752-12                                           20121044__
    1                        A bill to be entitled                      
    2         An act relating to tanning facilities; amending s.
    3         381.89, F.S.; prohibiting an operator or proprietor of
    4         a tanning facility from allowing a minor to use a
    5         tanning device at the tanning facility; deleting a
    6         provision that authorizes the use of a tanning device
    7         by certain minors if accompanied by a parent or legal
    8         guardian; providing an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (9), (10), (11), (12), and
   13  (13) of section 381.89, Florida Statutes, are redesignated as
   14  subsections (8), (9), (10), (11), and (12), respectively, and
   15  subsections (7), (8), and (10) of that section are amended, to
   16  read:
   17         381.89 Regulation of tanning facilities.—
   18         (7) An operator or proprietor of a tanning facility may not
   19  allow a minor between the ages of 14 and 18 to use a tanning
   20  device at the tanning facility unless it has on file a statement
   21  signed by the minor’s parent or legal guardian stating that the
   22  parent or legal guardian has read and understands the warnings
   23  given by the tanning facility, consents to the minor’s use of a
   24  tanning device, and agrees that the minor will use the provided
   25  protective eyewear.
   26         (8) A minor under the age of 14 must be accompanied by a
   27  parent or legal guardian when using a tanning device.
   28         (9)(10) PENALTIES.—
   29         (a) Each of the following acts constitutes a felony of the
   30  third degree, punishable as provided in s. 775.082 or s.
   31  775.083:
   32         1. Owning or operating, or soliciting business as, a
   33  tanning facility in this state without first procuring a license
   34  from the department, unless specifically exempted by this
   35  section.
   36         2. Obtaining or attempting to obtain a license by means of
   37  fraud, misrepresentation, or concealment.
   38         (b) Each of the following acts constitutes a misdemeanor of
   39  the second degree, punishable as provided in s. 775.082 or s.
   40  775.083:
   41         1. Failing to maintain the records required by this section
   42  or knowingly making false entries in such records.
   43         2. Failing to comply with subsection (7) or subsection (8).
   44         (c) The court may, in addition to other punishment provided
   45  for, suspend or revoke the license of any licensee under this
   46  section who has been found guilty of any violation listed in
   47  paragraph (a) or paragraph (b).
   48         (d) If In the event the department or any state attorney
   49  has shall have probable cause to believe that a tanning facility
   50  or other person has violated any provision of paragraph (a), an
   51  action may be brought by the department or any state attorney to
   52  enjoin such tanning facility or any person from continuing such
   53  violation, or engaging therein or doing any acts in furtherance
   54  thereof, and for such other relief as to the court seems
   55  appropriate.
   56         Section 2. This act shall take effect July 1, 2012.