Florida Senate - 2022                              CS for SB 224
       By the Committee on Environment and Natural Resources; and
       Senators Gruters, Bradley, Farmer, Berman, Stewart, Rouson,
       Boyd, and Hooper
       592-02784-22                                           2022224c1
    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, with exceptions; amending
    9         ss. 381.84 and 386.211, F.S.; conforming provisions to
   10         changes made by the act; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Part II of chapter 386, Florida Statutes,
   15  entitled “INDOOR AIR: SMOKING AND VAPING,” is renamed “SMOKING
   16  AND VAPING.”
   17         Section 2. Section 386.201, Florida Statutes, is amended to
   18  read:
   19         386.201 Short title Popular name.—This part may be cited as
   20  by the popular name the “Florida Clean Indoor Air Act.”
   21         Section 3. Section 386.209, Florida Statutes, is amended to
   22  read:
   23         386.209 Regulation of smoking preempted to state.—This part
   24  expressly preempts regulation of smoking to the state and
   25  supersedes any county or municipal municipal or county ordinance
   26  on the subject; however, counties and municipalities may further
   27  restrict smoking within the boundaries of any public beaches or
   28  public parks that they own, except with regard to the smoking of
   29  cigars that do not contain a filter or a plastic tip or the
   30  smoking of pipe tobacco in a pipe. Municipalities may further
   31  restrict smoking within the boundaries of any public beaches or
   32  public parks that are within their jurisdiction but are owned by
   33  the county if doing so would not conflict with a county
   34  ordinance, except that they may not further restrict the smoking
   35  of cigars that do not contain a filter or plastic tip or the
   36  smoking of pipe tobacco in a pipe. School districts may further
   37  restrict smoking by persons on school district property. This
   38  section does not preclude the adoption of county or municipal
   39  municipal or county ordinances that impose more restrictive
   40  regulation on the use of vapor-generating devices than is
   41  provided in this part.
   42         Section 4. Paragraph (h) of subsection (3) of section
   43  381.84, Florida Statutes, is amended to read:
   44         381.84 Comprehensive Statewide Tobacco Education and Use
   45  Prevention Program.—
   46         (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
   47  shall conduct a comprehensive, statewide tobacco education and
   48  use prevention program consistent with the recommendations for
   49  effective program components contained in the 1999 Best
   50  Practices for Comprehensive Tobacco Control Programs of the CDC,
   51  as amended by the CDC. The program shall include the following
   52  components, each of which shall focus on educating people,
   53  particularly youth and their parents, about the health hazards
   54  of tobacco and discouraging the use of tobacco:
   55         (h) Enforcement and awareness of related laws.—In
   56  coordination with the Department of Business and Professional
   57  Regulation, the program shall monitor the enforcement of laws,
   58  rules, and policies prohibiting the sale or other provision of
   59  tobacco to minors, as well as the continued enforcement of the
   60  Florida Clean Indoor Air Act prescribed in chapter 386. The
   61  advertisements produced in accordance with paragraph (a) may
   62  also include information designed to make the public aware of
   63  these related laws and rules. The departments may enter into
   64  interagency agreements to carry out this program component.
   65         Section 5. Section 386.211, Florida Statutes, is amended to
   66  read:
   67         386.211 Public announcements in mass transportation
   68  terminals.—Announcements about the Florida Clean Indoor Air Act
   69  shall be made regularly over public address systems in terminals
   70  of public transportation carriers located in metropolitan
   71  statistical areas with populations over 230,000 according to the
   72  latest census. These announcements shall be made at least every
   73  30 minutes and shall be made in appropriate languages. Each
   74  announcement must include a statement to the effect that Florida
   75  is a clean indoor air state and that smoking and vaping are
   76  prohibited except as provided in this part.
   77         Section 6. This act shall take effect July 1, 2022.