Florida Senate - 2021                              CS for SB 334
       By the Committee on Environment and Natural Resources; and
       Senators Gruters, Hutson, Perry, and Harrell
       592-02884-21                                           2021334c1
    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, except
    7         for smoking cigars or pipe tobacco, within the
    8         boundaries of public beaches and public parks under
    9         certain circumstances; creating s. 386.2095, F.S.;
   10         prohibiting smoking within the boundaries of a state
   11         park; providing an exception; amending ss. 381.84 and
   12         386.211, F.S.; conforming provisions to changes made
   13         by the act; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Part II of chapter 386, Florida Statutes,
   18  entitled “INDOOR AIR: SMOKING AND VAPING,” is renamed “SMOKING
   19  AND VAPING.”
   20         Section 2. Section 386.201, Florida Statutes, is amended to
   21  read:
   22         386.201 Short title Popular name.—This part may be cited as
   23  by the popular name the “Florida Clean Indoor Air Act.”
   24         Section 3. Section 386.209, Florida Statutes, is amended to
   25  read:
   26         386.209 Regulation of smoking preempted to state.—This part
   27  expressly preempts regulation of smoking to the state and
   28  supersedes any municipal or county ordinance on the subject;
   29  however, counties and municipalities may further restrict
   30  smoking, except for smoking cigars or pipe tobacco, within the
   31  boundaries of any public beaches and public parks that they own.
   32  Municipalities may further restrict smoking, except for smoking
   33  cigars or pipe tobacco, within the boundaries of public beaches
   34  and public parks that are within their jurisdiction but are
   35  owned by the county if doing so would not conflict with a county
   36  ordinance. School districts may further restrict smoking by
   37  persons on school district property. This section does not
   38  preclude the adoption of municipal or county ordinances that
   39  impose more restrictive regulation on the use of vapor
   40  generating devices than is provided in this part.
   41         Section 4. Section 386.2095, Florida Statutes, is created
   42  to read:
   43         386.2095 Smoking prohibited in state parks.—A person may
   44  not smoke within the boundaries of a state park. This
   45  prohibition does not apply to smoking cigars or pipe tobacco.
   46         Section 5. Paragraph (h) of subsection (3) of section
   47  381.84, Florida Statutes, is amended to read:
   48         381.84 Comprehensive Statewide Tobacco Education and Use
   49  Prevention Program.—
   50         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   51  shall conduct a comprehensive, statewide tobacco education and
   52  use prevention program consistent with the recommendations for
   53  effective program components contained in the 1999 Best
   54  Practices for Comprehensive Tobacco Control Programs of the CDC,
   55  as amended by the CDC. The program shall include the following
   56  components, each of which shall focus on educating people,
   57  particularly youth and their parents, about the health hazards
   58  of tobacco and discouraging the use of tobacco:
   59         (h) Enforcement and awareness of related laws.—In
   60  coordination with the Department of Business and Professional
   61  Regulation, the program shall monitor the enforcement of laws,
   62  rules, and policies prohibiting the sale or other provision of
   63  tobacco to minors, as well as the continued enforcement of the
   64  Florida Clean Indoor Air Act prescribed in chapter 386. The
   65  advertisements produced in accordance with paragraph (a) may
   66  also include information designed to make the public aware of
   67  these related laws and rules. The departments may enter into
   68  interagency agreements to carry out this program component.
   69         Section 6. Section 386.211, Florida Statutes, is amended to
   70  read:
   71         386.211 Public announcements in mass transportation
   72  terminals.—Announcements about the Florida Clean Indoor Air Act
   73  shall be made regularly over public address systems in terminals
   74  of public transportation carriers located in metropolitan
   75  statistical areas with populations over 230,000 according to the
   76  latest census. These announcements shall be made at least every
   77  30 minutes and shall be made in appropriate languages. Each
   78  announcement must include a statement to the effect that Florida
   79  is a clean indoor air state and that smoking and vaping are
   80  prohibited except as provided in this part.
   81         Section 7. This act shall take effect July 1, 2021.