Florida Senate - 2020                                     SB 670
       By Senator Gruters
       23-00191A-20                                           2020670__
    1                        A bill to be entitled                      
    2         An act relating to smoking on public beaches and in
    3         public parks; revising the title of part II of ch.
    4         386, F.S.; amending s. 386.201, F.S.; revising a short
    5         title; amending s. 386.209, F.S.; authorizing counties
    6         to further restrict smoking within the boundaries of
    7         certain public beaches and public parks; creating s.
    8         386.2095, F.S.; prohibiting smoking within the
    9         boundaries of a state park; amending ss. 381.84 and
   10         386.211, F.S.; conforming provisions to changes made
   11         by the act; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Part II of chapter 386, Florida Statutes,
   16  entitled “INDOOR AIR: SMOKING AND VAPING,” is renamed “SMOKING
   17  AND VAPING.”
   18         Section 2. Section 386.201, Florida Statutes, is amended to
   19  read:
   20         386.201 Short title Popular name.—This part may be cited as
   21  by the popular name the “Florida Clean Indoor Air Act.”
   22         Section 3. Section 386.209, Florida Statutes, is amended to
   23  read:
   24         386.209 Regulation of smoking preempted to state.—This part
   25  expressly preempts regulation of smoking to the state and
   26  supersedes any municipal or county ordinance on the subject;
   27  however, counties may further restrict smoking within the
   28  boundaries of any public beaches and public parks that they own
   29  and school districts may further restrict smoking by persons on
   30  school district property. This section does not preclude the
   31  adoption of municipal or county ordinances that impose more
   32  restrictive regulation on the use of vapor-generating devices
   33  than is provided in this part.
   34         Section 4. Section 386.2095, Florida Statutes, is created
   35  to read:
   36         386.2095 Smoking prohibited in state parks.—A person may
   37  not smoke within the boundaries of a state park.
   38         Section 5.  Paragraph (h) of subsection (3) of section
   39  381.84, Florida Statutes, is amended to read:
   40         381.84 Comprehensive Statewide Tobacco Education and Use
   41  Prevention Program.—
   42         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   43  shall conduct a comprehensive, statewide tobacco education and
   44  use prevention program consistent with the recommendations for
   45  effective program components contained in the 1999 Best
   46  Practices for Comprehensive Tobacco Control Programs of the CDC,
   47  as amended by the CDC. The program shall include the following
   48  components, each of which shall focus on educating people,
   49  particularly youth and their parents, about the health hazards
   50  of tobacco and discouraging the use of tobacco:
   51         (h) Enforcement and awareness of related laws.—In
   52  coordination with the Department of Business and Professional
   53  Regulation, the program shall monitor the enforcement of laws,
   54  rules, and policies prohibiting the sale or other provision of
   55  tobacco to minors, as well as the continued enforcement of the
   56  Florida Clean Indoor Air Act prescribed in chapter 386. The
   57  advertisements produced in accordance with paragraph (a) may
   58  also include information designed to make the public aware of
   59  these related laws and rules. The departments may enter into
   60  interagency agreements to carry out this program component.
   61         Section 6. Section 386.211, Florida Statutes, is amended to
   62  read:
   63         386.211 Public announcements in mass transportation
   64  terminals.—Announcements about the Florida Clean Indoor Air Act
   65  shall be made regularly over public address systems in terminals
   66  of public transportation carriers located in metropolitan
   67  statistical areas with populations over 230,000 according to the
   68  latest census. These announcements shall be made at least every
   69  30 minutes and shall be made in appropriate languages. Each
   70  announcement must include a statement to the effect that Florida
   71  is a clean indoor air state and that smoking and vaping are
   72  prohibited except as provided in this part.
   73         Section 7. This act shall take effect July 1, 2020.