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.
   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,
   36  Be It Enacted by the Legislature of the State of Florida:
   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 minor between the
   46  ages of 14 and 18 to 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 facility it has 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;, and
   56         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 a
   68  parent 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) If In the event the department or a any state attorney
   90  has shall have probable 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 or any state attorney to
   93  enjoin such tanning facility or any person from continuing the
   94  such violation, or engaging therein or doing any acts in
   95  furtherance thereof, and for such other relief as to the court
   96  determines seems appropriate.
   97         Section 3. This act shall take effect October 1, 2016.