Florida Senate - 2022 CS for CS for SB 224
By the Committees on Rules; and Environment and Natural
Resources; and Senators Gruters, Bradley, Farmer, Berman,
Stewart, Rouson, Boyd, and Hooper
595-03053-22 2022224c2
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;
9 requiring that any signs installed in relation to such
10 restrictions include certain information; amending ss.
11 381.84 and 386.211, F.S.; conforming provisions to
12 changes made by the act; providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
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 county or municipal municipal or county ordinance
28 on the subject; however:
29 (1)(a) Counties and municipalities may further restrict
30 smoking within the boundaries of any public beaches or public
31 parks that they own, except with regard to the smoking of cigars
32 that do not contain a filter or plastic tip or the smoking of
33 pipe tobacco in a pipe.
34 (b) Municipalities may further restrict smoking within the
35 boundaries of any public beaches or public parks that are within
36 their jurisdiction but are owned by the county if doing so would
37 not conflict with a county ordinance, except that they may not
38 further restrict the smoking of cigars that do not contain a
39 filter or plastic tip or the smoking of pipe tobacco in a pipe.
40 (c) If a county or municipality restricts smoking within
41 the boundaries of any public beach or public park under this
42 subsection, any related signage installed must state that
43 smoking is prohibited except as provided in s. 386.209 and
44 provide a scannable quick response code linked to this section.,
45 (2) School districts may further restrict smoking by
46 persons on school district property.
47 (3) This section does not preclude the adoption of county
48 or municipal municipal or county ordinances that impose more
49 restrictive regulation on the use of vapor-generating devices
50 than is provided in this part.
51 Section 4. Paragraph (h) of subsection (3) of section
52 381.84, Florida Statutes, is amended to read:
53 381.84 Comprehensive Statewide Tobacco Education and Use
54 Prevention Program.—
55 (3) PROGRAM COMPONENTS AND REQUIREMENTS.—The department
56 shall conduct a comprehensive, statewide tobacco education and
57 use prevention program consistent with the recommendations for
58 effective program components contained in the 1999 Best
59 Practices for Comprehensive Tobacco Control Programs of the CDC,
60 as amended by the CDC. The program shall include the following
61 components, each of which shall focus on educating people,
62 particularly youth and their parents, about the health hazards
63 of tobacco and discouraging the use of tobacco:
64 (h) Enforcement and awareness of related laws.—In
65 coordination with the Department of Business and Professional
66 Regulation, the program shall monitor the enforcement of laws,
67 rules, and policies prohibiting the sale or other provision of
68 tobacco to minors, as well as the continued enforcement of the
69 Florida Clean Indoor Air Act prescribed in chapter 386. The
70 advertisements produced in accordance with paragraph (a) may
71 also include information designed to make the public aware of
72 these related laws and rules. The departments may enter into
73 interagency agreements to carry out this program component.
74 Section 5. Section 386.211, Florida Statutes, is amended to
75 read:
76 386.211 Public announcements in mass transportation
77 terminals.—Announcements about the Florida Clean Indoor Air Act
78 shall be made regularly over public address systems in terminals
79 of public transportation carriers located in metropolitan
80 statistical areas with populations over 230,000 according to the
81 latest census. These announcements shall be made at least every
82 30 minutes and shall be made in appropriate languages. Each
83 announcement must include a statement to the effect that Florida
84 is a clean indoor air state and that smoking and vaping are
85 prohibited except as provided in this part.
86 Section 6. This act shall take effect July 1, 2022.