Florida Senate - 2014                              CS for SB 572
       By the Committee on Health Policy; and Senator Sobel
       588-03220-14                                           2014572c1
    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 tanning
   14         sessions that exceed the number, frequency, or
   15         exposure time prescribed by the health care provider
   16         if less than otherwise allowed under department rule;
   17         requiring a parent or guardian to accompany a minor
   18         who is younger than 14 years of age during the
   19         prescribed tanning sessions; providing an effective
   20         date.
   22         WHEREAS, frequent exposure to ultraviolet radiation through
   23  the use of tanning devices increases the risk of developing skin
   24  cancer, including melanoma, the deadliest form of skin cancer,
   25  and
   26         WHEREAS, the American Academy of Dermatology estimates that
   27  nearly 2.3 million minors use tanning devices annually, and
   28         WHEREAS, the United States Food and Drug Administration
   29  warns that a minor’s overexposure to ultraviolet radiation
   30  during childhood greatly increases the chances of developing
   31  skin cancer later in life, and
   32         WHEREAS, the Legislature finds that it is in the public
   33  interest to protect children from the harmful effects of
   34  ultraviolet radiation through the use of tanning devices by
   35  restricting a minor’s access to such devices unless authorized
   36  by a health care provider, NOW, THEREFORE,
   38  Be It Enacted by the Legislature of the State of Florida:
   40         Section 1. This act may be cited as the “Preventing Youth
   41  Cancer Act.”
   42         Section 2. Present subsections (9) through (13) of section
   43  381.89, Florida Statutes, are redesignated as subsections (8)
   44  through (12), respectively, and present subsections (7), (8),
   45  and (10) of that section are amended, to read:
   46         381.89 Regulation of tanning facilities.—
   47         (7)(a) A tanning facility may not allow a minor between the
   48  ages of 14 and 18 to use a tanning device unless:
   49         1. The use of the tanning device is prescribed by a health
   50  care provider to treat a medical condition; and
   51         2. The tanning facility it has on file a statement signed
   52  by the minor’s parent or legal guardian and witnessed by the
   53  operator or proprietor of the tanning facility stating that the
   54  parent or legal guardian:
   55         a. Has read and understands the warnings given by the
   56  tanning facility;,
   57         b. Consents to the minor’s use of a tanning device;, and
   58         c. Agrees that the minor will use the provided protective
   59  eyewear; and.
   60         d.Authorizes a specified number of tanning sessions for
   61  the minor as prescribed by the minor’s health care provider.
   62         (b) The tanning sessions provided by a tanning facility may
   63  not exceed the number, frequency, or exposure time prescribed by
   64  the health care provider if the number, frequency, or exposure
   65  time in the prescription is less than otherwise allowed by this
   66  section or rule of the department.
   67         (c) The parent or legal guardian must accompany a minor who
   68  is younger than 14 years of age during the prescribed tanning
   69  sessions.
   70         (8) A minor under the age of 14 must be accompanied by a
   71  parent or legal guardian when using a tanning device.
   72         (9)(10)PENALTIES.—
   73         (a) Each of the following acts constitutes a felony of the
   74  third degree, punishable as provided in s. 775.082 or s.
   75  775.083:
   76         1. Owning or operating, or soliciting business as, a
   77  tanning facility in this state without first procuring a license
   78  from the department, unless specifically exempted by this
   79  section.
   80         2. Obtaining or attempting to obtain a license by means of
   81  fraud, misrepresentation, or concealment.
   82         (b) Each of the following acts constitutes a misdemeanor of
   83  the second degree, punishable as provided in s. 775.082 or s.
   84  775.083:
   85         1. Failing to maintain the records required by this section
   86  or knowingly making false entries in such records.
   87         2. Failing to comply with subsection (7) or subsection (8).
   88         (c) The court may, in addition to other punishment provided
   89  for, suspend or revoke the license of any licensee under this
   90  section who has been found guilty of any violation listed in
   91  paragraph (a) or paragraph (b).
   92         (d) In the event the department or any state attorney shall
   93  have probable cause to believe that a tanning facility or other
   94  person has violated any provision of paragraph (a), an action
   95  may be brought by the department or any state attorney to enjoin
   96  such tanning facility or any person from continuing such
   97  violation, or engaging therein or doing any acts in furtherance
   98  thereof, and for such other relief as to the court seems
   99  appropriate.
  100         Section 3. This act shall take effect October 1, 2014.