Florida Senate - 2014                                     SB 572
       By Senator Sobel
       33-00527A-14                                           2014572__
    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.; revising the age of a minor prohibited from
    5         using a tanning device at a tanning facility;
    6         prohibiting a minor of any age from using a tanning
    7         device; providing an exception if a health care
    8         provider prescribes tanning sessions for a minor to
    9         treat a medical condition and the tanning facility has
   10         on file a statement signed by the minor’s parent or
   11         guardian; requiring the statement to be witnessed by
   12         the operator or proprietor of the tanning facility;
   13         prohibiting a tanning facility from providing a number
   14         of tanning sessions that exceeds the health care
   15         provider’s authorization, the department’s rules, or
   16         the manufacturer’s exposure schedule; requiring a
   17         parent or guardian to accompany a minor who is younger
   18         than 14 years of age during the prescribed tanning
   19         sessions; providing an effective date.
   21         WHEREAS, frequent exposure to ultraviolet radiation through
   22  the use of tanning devices increases the risk of developing skin
   23  cancer, including melanoma, the deadliest form of skin cancer,
   24  and
   25         WHEREAS, the American Academy of Dermatology estimates that
   26  nearly 2.3 million minors use tanning devices annually, and
   27         WHEREAS, the United States Food and Drug Administration
   28  warns that a minor’s overexposure to ultraviolet radiation
   29  during childhood greatly increases the chances of developing
   30  skin cancer later in life, and
   31         WHEREAS, the Legislature finds that it is in the public
   32  interest to protect children from the harmful effects of
   33  ultraviolet radiation through the use of tanning devices by
   34  restricting a minor’s access to such devices unless authorized
   35  by a health care provider, NOW, THEREFORE,
   37  Be It Enacted by the Legislature of the State of Florida:
   39         Section 1. This act may be cited as the “Preventing Youth
   40  Cancer Act.”
   41         Section 2. Present subsections (9) through (13) of section
   42  381.89, Florida Statutes, are redesignated as subsections (8)
   43  through (12), respectively, and present subsections (7), (8),
   44  and (10) of that section are amended, to read:
   45         381.89 Regulation of tanning facilities.—
   46         (7)(a) A tanning facility may not allow a minor between the
   47  ages of 14 and 18 to use a tanning device unless:
   48         1. The use of the tanning device is prescribed by a health
   49  care provider to treat a medical condition; and
   50         2. The tanning facility it has on file a statement signed
   51  by the minor’s parent or legal guardian and witnessed by the
   52  operator or proprietor of the tanning facility stating that the
   53  parent or legal guardian:
   54         a. Has read and understands the warnings given by the
   55  tanning facility;,
   56         b. Consents to the minor’s use of a tanning device;, and
   57         c. Agrees that the minor will use the provided protective
   58  eyewear; and.
   59         d.Authorizes a specified number of tanning sessions for
   60  the minor as authorized by the minor’s health care provider.
   61         (b) The number of tanning sessions provided by a tanning
   62  facility may not exceed the number of sessions prescribed by the
   63  health care provider, the rules of the department, or the
   64  manufacturer’s exposure schedule.
   65         (c) The parent or legal guardian must accompany a minor who
   66  is younger than 14 years of age during the prescribed tanning
   67  sessions.
   68         (8) A minor under the age of 14 must be accompanied by a
   69  parent or legal guardian when using a tanning device.
   70         (9)(10)PENALTIES.—
   71         (a) Each of the following acts constitutes a felony of the
   72  third degree, punishable as provided in s. 775.082 or s.
   73  775.083:
   74         1. Owning or operating, or soliciting business as, a
   75  tanning facility in this state without first procuring a license
   76  from the department, unless specifically exempted by this
   77  section.
   78         2. Obtaining or attempting to obtain a license by means of
   79  fraud, misrepresentation, or concealment.
   80         (b) Each of the following acts constitutes a misdemeanor of
   81  the second degree, punishable as provided in s. 775.082 or s.
   82  775.083:
   83         1. Failing to maintain the records required by this section
   84  or knowingly making false entries in such records.
   85         2. Failing to comply with subsection (7) or subsection (8).
   86         (c) The court may, in addition to other punishment provided
   87  for, suspend or revoke the license of any licensee under this
   88  section who has been found guilty of any violation listed in
   89  paragraph (a) or paragraph (b).
   90         (d) In the event the department or any state attorney shall
   91  have probable cause to believe that a tanning facility or other
   92  person has violated any provision of paragraph (a), an action
   93  may be brought by the department or any state attorney to enjoin
   94  such tanning facility or any person from continuing such
   95  violation, or engaging therein or doing any acts in furtherance
   96  thereof, and for such other relief as to the court seems
   97  appropriate.
   98         Section 3. This act shall take effect October 1, 2014.