Florida Senate - 2010 CS for SB 430
By the Committee on Judiciary; and Senator Sobel
1 A bill to be entitled
2 An act relating to tanning facilities; amending s.
3 381.89, F.S.; requiring that the operator or
4 proprietor of a tanning facility witness the signing
5 of a written statement by the parent or legal guardian
6 of a minor before the minor is allowed to use a
7 tanning device; providing requirements for the written
8 statement; prohibiting a minor younger than a certain
9 age from using a tanning device at a tanning facility;
10 deleting provisions authorizing the use of a tanning
11 device by certain minors if accompanied by a parent or
12 legal guardian; allowing use of a tanning device by
13 certain minors as treatment prescribed by a health
14 care provider; providing an effective date.
16 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Subsections (7) and (8) of section 381.89,
19 Florida Statutes, are amended to read:
20 381.89 Regulation of tanning facilities.—
21 (7) A tanning facility may not allow a minor
22 ages of 14 years of age or older and 18 to use a tanning device
23 unless it has on file a statement signed by the minor’s parent
24 or legal guardian and witnessed by the operator or proprietor of
25 the tanning facility stating that the parent or legal guardian:
26 (a) Has read and understands the warnings given by the
27 tanning facility; ,
28 (b) Consents to the minor’s use of a tanning device; , and
29 (c) Agrees that the minor will use the provided protective
30 eyewear; and .
31 (d) Authorizes a specified number of tanning sessions for
32 the minor during a 12-month period. The number of tanning
33 sessions authorized by the parent or legal guardian may not
34 exceed the number authorized by rules of the department and the
35 manufacturer’s exposure schedule.
37 An operator or proprietor of a tanning facility shall refuse
38 service to a minor if the minor’s parent or legal guardian has
39 not, in the operator’s or proprietor’s presence, signed the
40 statement as required by this subsection.
41 (8) A minor younger than 14 years of under the age may not
42 use a tanning device at a tanning facility of 14 must be
43 accompanied by a parent or legal guardian when using a tanning
44 device. This subsection does not apply if use of the tanning
45 device is prescribed by a health care provider. However, the
46 parent or legal guardian must comply with subsection (7) if use
47 of the tanning device is prescribed by the health care provider.
48 Section 2. This act shall take effect July 1, 2010.