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.
   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 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.