| 1 | A bill to be entitled | 
| 2 | An act relating to regulation of smoking; amending s. | 
| 3 | 386.209, F.S.; authorizing municipalities and counties to | 
| 4 | regulate smoking at public outdoor athletic facilities | 
| 5 | under certain circumstances; providing a definition; | 
| 6 | providing an effective date. | 
| 7 | 
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| 8 | Be It Enacted by the Legislature of the State of Florida: | 
| 9 | 
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| 10 | Section 1.  Section 386.209, Florida Statutes, is amended | 
| 11 | to read: | 
| 12 | 386.209  Regulation of smoking preempted to state.--This | 
| 13 | part expressly preempts regulation of smoking to the state and | 
| 14 | supersedes any municipal or county ordinance on the subject, | 
| 15 | with the exception of a municipal or county ordinance that | 
| 16 | regulates smoking within 100 feet of a public outdoor athletic | 
| 17 | facility while persons under the age of 18 are present. For the | 
| 18 | purposes of this section, "outdoor athletic facility" means an | 
| 19 | outdoor basketball court, volleyball court, tennis court, | 
| 20 | racquetball court, badminton court, baseball field, softball | 
| 21 | field, soccer field, skate park, or similar facility and any | 
| 22 | portion thereof, including sidelines, dugouts, bleachers or | 
| 23 | other spectator areas, restroom structures, and concession or | 
| 24 | eating areas. "Outdoor athletic facility" includes a | 
| 25 | freestanding playground, a swimming pool, and all areas adjacent | 
| 26 | thereto. | 
| 27 | Section 2.  This act shall take effect July 1, 2007. |