Florida Senate - 2022 SB 224 By Senator Gruters 23-00367-22 2022224__ 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; creating s. 386.2095, 9 F.S.; prohibiting smoking within the boundaries of a 10 state park; amending ss. 381.84 and 386.211, F.S.; 11 conforming provisions to changes made by the act; 12 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: 21 386.201Short 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: 25 386.209Regulation of smoking preempted to state.This part 26 expressly preempts regulation of smoking to the state and 27 supersedes any municipal or county ordinance on the subject; 28 however, counties and municipalities may further restrict 29 smoking within the boundaries of any public beaches or public 30 parks that they own. Municipalities may further restrict smoking 31 within the boundaries of any public beaches or public parks that 32 are within their jurisdiction but are owned by the county if 33 doing so would not conflict with a county ordinance. School 34 districts may further restrict smoking by persons on school 35 district property. This section does not preclude the adoption 36 of municipal or county ordinances that impose more restrictive 37 regulation on the use of vapor-generating devices than is 38 provided in this part. 39 Section 4.Section 386.2095, Florida Statutes, is created 40 to read: 41 386.2095Smoking prohibited in state parks.A person may 42 not smoke within the boundaries of a state park. 43 Section 5.Paragraph (h) of subsection (3) of section 44 381.84, Florida Statutes, is amended to read: 45 381.84Comprehensive Statewide Tobacco Education and Use 46 Prevention Program. 47 (3)PROGRAM COMPONENTS AND REQUIREMENTS.The department 48 shall conduct a comprehensive, statewide tobacco education and 49 use prevention program consistent with the recommendations for 50 effective program components contained in the 1999 Best 51 Practices for Comprehensive Tobacco Control Programs of the CDC, 52 as amended by the CDC. The program shall include the following 53 components, each of which shall focus on educating people, 54 particularly youth and their parents, about the health hazards 55 of tobacco and discouraging the use of tobacco: 56 (h)Enforcement and awareness of related laws.In 57 coordination with the Department of Business and Professional 58 Regulation, the program shall monitor the enforcement of laws, 59 rules, and policies prohibiting the sale or other provision of 60 tobacco to minors, as well as the continued enforcement of the 61 Florida Clean Indoor Air Act prescribed in chapter 386. The 62 advertisements produced in accordance with paragraph (a) may 63 also include information designed to make the public aware of 64 these related laws and rules. The departments may enter into 65 interagency agreements to carry out this program component. 66 Section 6.Section 386.211, Florida Statutes, is amended to 67 read: 68 386.211Public announcements in mass transportation 69 terminals.Announcements about the Florida Clean Indoor Air Act 70 shall be made regularly over public address systems in terminals 71 of public transportation carriers located in metropolitan 72 statistical areas with populations over 230,000 according to the 73 latest census. These announcements shall be made at least every 74 30 minutes and shall be made in appropriate languages. Each 75 announcement must include a statement to the effect that Florida 76 is a clean indoor air state and that smoking and vaping are 77 prohibited except as provided in this part. 78 Section 7.This act shall take effect July 1, 2022.