Florida Senate - 2021                                     SB 334
       By Senator Gruters
       23-00464-21                                            2021334__
    1                        A bill to be entitled                      
    2         An act relating to regulation of smoking in public
    3         places; revising the title of part II of ch. 386,
    4         F.S.; amending s. 386.201, F.S.; revising a short
    5         title; amending s. 386.209, F.S.; authorizing counties
    6         and municipalities to further restrict smoking within
    7         the boundaries of public beaches and public parks
    8         under certain circumstances; creating s. 386.2095,
    9         F.S.; prohibiting smoking within the boundaries of a
   10         state park; amending ss. 381.84 and 386.211, F.S.;
   11         conforming provisions to changes made by the act;
   12         providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Part II of chapter 386, Florida Statutes,
   17  entitled “INDOOR AIR: SMOKING AND VAPING,” is renamed “SMOKING
   18  AND VAPING.”
   19         Section 2. Section 386.201, Florida Statutes, is amended to
   20  read:
   21         386.201 Short title Popular name.—This part may be cited as
   22  by the popular name the “Florida Clean Indoor Air Act.”
   23         Section 3. Section 386.209, Florida Statutes, is amended to
   24  read:
   25         386.209 Regulation of smoking preempted to state.—This part
   26  expressly preempts regulation of smoking to the state and
   27  supersedes any municipal or county ordinance on the subject;
   28  however, counties and municipalities may further restrict
   29  smoking within the boundaries of any public beaches and public
   30  parks that they own. Municipalities may further restrict smoking
   31  within the boundaries of public beaches and public parks that
   32  are within their jurisdiction but are owned by the county if
   33  doing so would not conflict with a county ordinance. School
   34  districts may further restrict smoking by persons on school
   35  district property. This section does not preclude the adoption
   36  of municipal or county ordinances that impose more restrictive
   37  regulation on the use of vapor-generating devices than is
   38  provided in this part.
   39         Section 4. Section 386.2095, Florida Statutes, is created
   40  to read:
   41         386.2095 Smoking prohibited in state parks.—A person may
   42  not smoke within the boundaries of a state park.
   43         Section 5. Paragraph (h) of subsection (3) of section
   44  381.84, Florida Statutes, is amended to read:
   45         381.84 Comprehensive Statewide Tobacco Education and Use
   46  Prevention Program.—
   47         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   48  shall conduct a comprehensive, statewide tobacco education and
   49  use prevention program consistent with the recommendations for
   50  effective program components contained in the 1999 Best
   51  Practices for Comprehensive Tobacco Control Programs of the CDC,
   52  as amended by the CDC. The program shall include the following
   53  components, each of which shall focus on educating people,
   54  particularly youth and their parents, about the health hazards
   55  of tobacco and discouraging the use of tobacco:
   56         (h) Enforcement and awareness of related laws.—In
   57  coordination with the Department of Business and Professional
   58  Regulation, the program shall monitor the enforcement of laws,
   59  rules, and policies prohibiting the sale or other provision of
   60  tobacco to minors, as well as the continued enforcement of the
   61  Florida Clean Indoor Air Act prescribed in chapter 386. The
   62  advertisements produced in accordance with paragraph (a) may
   63  also include information designed to make the public aware of
   64  these related laws and rules. The departments may enter into
   65  interagency agreements to carry out this program component.
   66         Section 6. Section 386.211, Florida Statutes, is amended to
   67  read:
   68         386.211 Public announcements in mass transportation
   69  terminals.—Announcements about the Florida Clean Indoor Air Act
   70  shall be made regularly over public address systems in terminals
   71  of public transportation carriers located in metropolitan
   72  statistical areas with populations over 230,000 according to the
   73  latest census. These announcements shall be made at least every
   74  30 minutes and shall be made in appropriate languages. Each
   75  announcement must include a statement to the effect that Florida
   76  is a clean indoor air state and that smoking and vaping are
   77  prohibited except as provided in this part.
   78         Section 7. This act shall take effect July 1, 2021.