| 1 | A bill to be entitled | 
| 2 | An act relating to tanning facilities; amending s. 381.89,  | 
| 3 | F.S.; requiring the parent or legal guardian of a minor to  | 
| 4 | sign a written statement before the minor is allowed to  | 
| 5 | use a tanning device; providing requirements for the  | 
| 6 | written statement; revising the age at which a minor is  | 
| 7 | allowed to use a tanning device; prohibiting a minor  | 
| 8 | younger than a certain age from using a tanning device at  | 
| 9 | a tanning facility; deleting provisions authorizing the  | 
| 10 | use of a tanning device by certain minors if accompanied  | 
| 11 | by a parent or legal guardian; providing an effective  | 
| 12 | date. | 
| 13 | 
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| 14 | Be It Enacted by the Legislature of the State of Florida: | 
| 15 | 
  | 
| 16 |      Section 1.  Subsections (6), (7), and (8) of section  | 
| 17 | 381.89, Florida Statutes, are amended to read: | 
| 18 |      381.89  Regulation of tanning facilities.-- | 
| 19 |      (6)  A tanning facility must: | 
| 20 |      (a)  During operating hours, have an operator present who  | 
| 21 | is sufficiently knowledgeable and trained in accordance with  | 
| 22 | rules of the department in the correct operation of the tanning  | 
| 23 | devices to inform and assist each customer in the proper use of  | 
| 24 | the devices. | 
| 25 |      (b)  Before each use of a tanning device: | 
| 26 |      1.  Properly sanitize that tanning device equipment,  | 
| 27 | including, without limitation, handrails, headrests, and bed  | 
| 28 | surfaces; and | 
| 29 |      2.  Provide a customer with properly sanitized protective  | 
| 30 | eyewear that protects the eye from ultraviolet radiation and  | 
| 31 | allows adequate vision to maintain balance. | 
| 32 |      (c)  Show each customer how to use suitable physical aids,  | 
| 33 | such as handrails and floor markings, to maintain proper  | 
| 34 | exposure distances recommended by the manufacturer. | 
| 35 |      (d)  Use a timer on each tanning device which is accurate  | 
| 36 | for any selected time interval to plus or minus 10 percent. | 
| 37 |      (e)  Limit each customer to the maximum exposure time  | 
| 38 | recommended by the manufacturer of the tanning device. | 
| 39 |      (f)  Maintain the interior temperature of the tanning  | 
| 40 | facility below 100 °F. | 
| 41 |      (g)  Each time a person uses a tanning facility or executes  | 
| 42 | or renews a contract to use a tanning facility, have the person  | 
| 43 | sign a written statement acknowledging that he or she has read  | 
| 44 | and understands the warnings before using the device and that he  | 
| 45 | or she agrees to use the protective eyewear. Before a minor is  | 
| 46 | allowed to use the device, the minor's parent or legal guardian  | 
| 47 | must sign a written statement acknowledging that he or she has  | 
| 48 | read and understands the warnings and that the minor agrees to  | 
| 49 | use protective eyewear. | 
| 50 |      (h)  Display its license in a public area of the tanning  | 
| 51 | facility. | 
| 52 |      (i)  Report any injury or any complaint of injury to the  | 
| 53 | department on forms prescribed by the department and provide a  | 
| 54 | copy of the report to the complainant. The department shall send  | 
| 55 | to the federal Food and Drug Administration a copy of any report  | 
| 56 | of an injury occurring in a tanning facility. | 
| 57 |      (j)  Keep a record, for a period of not less than 4 years,  | 
| 58 | of each customer's use of a tanning device. | 
| 59 |      (7)  A tanning facility may not allow a minor between the  | 
| 60 | ages of 16 14 and 18 to use a tanning device unless it has on  | 
| 61 | file a statement signed and witnessed by the tanning operator or  | 
| 62 | proprietor of the tanning facility and signed by the minor's  | 
| 63 | parent or legal guardian stating that the parent or legal  | 
| 64 | guardian: | 
| 65 |      (a)  Has read and understands the warnings given by the  | 
| 66 | tanning facility;, | 
| 67 |      (b)  Consents to the minor's use of a tanning device;, and | 
| 68 |      (c)  Agrees that the minor will use the provided protective  | 
| 69 | eyewear; and. | 
| 70 |      (d)  Authorizes a specified number of tanning sessions for  | 
| 71 | the minor during a 12-month period. | 
| 72 |  | 
| 73 | A tanning operator or proprietor shall refuse service to a minor  | 
| 74 | if the minor's parent or legal guardian has not signed the  | 
| 75 | statement as required by this subsection. | 
| 76 |      (8)  A minor younger than 16 years of under the age may not  | 
| 77 | use a tanning device at a tanning facility of 14 must be  | 
| 78 | accompanied by a parent or legal guardian when using a tanning  | 
| 79 | device. | 
| 80 |      Section 2.  This act shall take effect July 1, 2009. |