PCS for HB 987 (2021): An act relating to tobacco and nicotine products
Summary
A proposed committee substitute, PCS for HB 987, of 2021, a bill to be entitled an act relating to tobacco and nicotine products, running 49 pages. It revises age limitations for mail order, Internet and remote sales of tobacco products, makes it unlawful for persons under 21 years of age to smoke tobacco or vape near a school during specified hours, and defines "nicotine product" and "nicotine dispensing device". Other sections require a retail nicotine product dealer permit, preempt the minimum age for sale to the state, and address delivery sales. Section 33 repeals section 877.112, and Section 34 states that the act takes effect October 1, 2021.
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“PCS for HB 987 (2021): An act relating to tobacco and nicotine products.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 987 2021
1 A bill to be entitled
2 An act relating to tobacco and nicotine products;
3 amending s. 210.095, F.S.; deleting the definition of
4 the term "adult"; revising age limitations relating to
5 mail order, Internet, and remote sales of tobacco
6 products; amending s. 386.212, F.S.; providing that it
7 is unlawful for persons under 21 years of age to smoke
8 tobacco or vape in, on, or within 1,000 feet of the
9 real property comprising a public or private
10 elementary, middle, or secondary school during
11 specified hours; renaming ch. 569, F.S.; providing
12 directives to the Division of Law Revision; amending
13 s. 569.002, F.S.; defining the terms "nicotine
14 product" and "nicotine dispensing device"; conforming
15 provisions to changes made by the act; amending ss.
16 569.003, 569.004, and 569.006, F.S.; conforming
17 provisions to changes made by the act; amending s.
18 569.007, F.S.; revising age limitations relating to
19 the sale and delivery of tobacco products; revising
20 applicability; requiring that the age of persons
21 purchasing tobacco products be verified under certain
22 circumstances; amending s. 569.0075, F.S.; revising
23 age limitations relating to gifting sample tobacco
24 products; amending s. 569.008, F.S.; revising
25 legislative intent; revising qualification
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26 requirements for responsible retail tobacco products
27 dealers; conforming provisions to changes made by the
28 act; amending s. 569.009, F.S.; conforming a provision
29 to changes made by the act; amending s. 569.101, F.S.;
30 revising age limitations relating to selling,
31 delivering, bartering, furnishing, or giving tobacco
32 products to certain persons; amending s. 569.11, F.S.;
33 revising age limitations relating to possessing and
34 obtaining tobacco products; amending s. 569.12, F.S.;
35 expanding the authority of tobacco product enforcement
36 officers to include nicotine products; amending s.
37 569.14, F.S.; revising requirements for signage
38 relating to tobacco products, nicotine products, and
39 nicotine dispensing devices; conforming provisions to
40 changes made by the act; amending s. 569.19, F.S.;
41 conforming provisions to changes made by the act;
42 creating s. 569.24, F.S.; providing definitions;
43 preempting the establishment of the minimum age for
44 the sale or delivery of tobacco products and nicotine
45 products and marketing of such products to the state;
46 providing exceptions; creating s. 569.31, F.S.;
47 defining terms; creating s. 569.32, F.S.; requiring
48 retail nicotine product dealers to acquire a permit;
49 providing requirements and authorizations for such
50 permit; creating s. 569.33, F.S.; specifying that an
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51 applicant for a retail nicotine products dealer permit
52 consents to certain inspections and searches upon
53 accepting such permit; creating s. 569.34, F.S.;
54 prohibiting certain persons, firms, associations, or
55 corporations from operating without a permit;
56 providing civil penalties; creating s. 569.35, F.S.;
57 providing administrative penalties for retail nicotine
58 product dealers under certain circumstances; requiring
59 the Division of Alcoholic Beverages and Tobacco to
60 deposit funds collected from administrative fines into
61 the General Revenue Fund; creating s. 569.37, F.S.;
62 providing restrictions on selling, delivering,
63 bartering, furnishing, giving, or possession of
64 nicotine products; requiring that the age of persons
65 purchasing nicotine products be verified under certain
66 circumstances creating s. 569.38, F.S.; prohibiting
67 certain persons from gifting sample nicotine products
68 to persons under a specified age; creating s. 569.381,
69 F.S.; providing legislative intent; providing
70 requirements for a dealer to qualify as a responsible
71 retail nicotine products dealer; authorizing the
72 division to mitigate certain penalties; requiring the
73 division to develop and make available a nicotine
74 products training program; requiring dealers to
75 exercise diligence in the management and supervision
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76 of their premises and the supervision and training of
77 certain persons; creating s. 569.39, F.S.; requiring
78 the division to adopt rules; creating ss. 569.41 and
79 569.42, F.S.; providing civil and criminal penalties
80 relating to selling, delivering, bartering,
81 furnishing, or giving nicotine products to certain
82 persons and possessing and acquiring nicotine
83 products, respectively; creating s. 569.43, F.S.;
84 providing signage requirements relating to the sale of
85 nicotine products or nicotine dispensing devices;
86 providing criminal penalties; creating s. 569.44,
87 F.S.; requiring the division to provide an annual
88 report containing specified information to the
89 Governor and the Legislature; creating s. 569.45,
90 F.S.; defining terms; providing requirements for mail
91 order, Internet, and remote sales of nicotine
92 products; providing applicability; providing criminal
93 penalties; repealing s. 877.112, F.S., relating to
94 nicotine products and nicotine dispensing devices;
95 providing an effective date.
96
97 Be It Enacted by the Legislature of the State of Florida:
98
99
100 Section 1. Paragraph (a) of subsection (1), paragraphs (a)
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101 and (c) of subsection (2), paragraph (a) of subsection (3),
102 paragraph (a) of subsection (4), paragraphs (a) and (b) of
103 subsection (5), and paragraphs (a), (b), (e), and (g) of
104 subsection (8) of section 210.095, Florida Statutes, are amended
105 to read:
106 210.095 Mail order, Internet, and remote sales of tobacco
107 products; age verification.—
108 (1) For purposes of this section, the term:
109 (a) "Adult" means an individual who is at least of the
110 legal minimum purchase age for tobacco products.
111 (2)
112 (a) A sale of tobacco products constituting a delivery
113 sale pursuant to paragraph (1)(b) (1)(c) is a delivery sale
114 regardless of whether the person accepting the order for the
115 delivery sale is located inside or outside this state.
116 (c) A person may not make a delivery sale of tobacco
117 products to any individual who is not 21 years of age or older
118 an adult.
119 (3) A person may not mail, ship, or otherwise deliver
120 tobacco products in connection with an order for a delivery sale
121 unless, before the first delivery to the consumer, the person
122 accepting the order for the delivery sale:
123 (a) Obtains from the individual submitting the order a
124 certification that includes:
125 1. Reliable confirmation that the individual is 21 years
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126 of age or older an adult; and
127 2. A statement signed by the individual in writing and
128 under penalty of perjury which:
129 a. Certifies the address and date of birth of the
130 individual; and
131 b. Confirms that the individual wants to receive delivery
132 sales from a tobacco company and understands that, under the
133 laws of this state, the following actions are illegal:
134 (I) Signing another individual's name to the
135 certification;
136 (II) Selling tobacco products to individuals under the
137 legal minimum purchase age; and
138 (III) Purchasing tobacco products, if the person making
139 the purchase is under the legal minimum purchase age.
140
141 In addition to the requirements of this subsection, a person
142 accepting an order for a delivery sale may request that a
143 consumer provide an electronic mail address.
144 (4) The notice described in paragraph (3)(c) must include
145 prominent and clearly legible statements that sales of tobacco
146 products are:
147 (a) Illegal if made to individuals who are not 21 years of
148 age or older adults.
149
150 The notice must include an explanation of how each tax has been,
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151 or is to be, paid with respect to the delivery sale.
152 (5) Each person who mails, ships, or otherwise delivers
153 tobacco products in connection with an order for a delivery sale
154 must:
155 (a) Include as part of the shipping documents, in a clear
156 and conspicuous manner, the following statement: "Tobacco
157 Products: Florida law prohibits shipping to individuals under 21
158 18 years of age and requires the payment of all applicable
159 taxes."
160 (b) Use a method of mailing, shipping, or delivery which
161 obligates the delivery service to require:
162 1. The individual submitting the order for the delivery
163 sale or another individual who is 21 years of age or older adult
164 who resides at the individual's address to sign his or her name
165 to accept delivery of the shipping container. Proof of the legal
166 minimum purchase age of the individual accepting delivery is
167 required only if the individual appears to be under 30 27 years
168 of age.
169 2. Proof that the individual is either the addressee or
170 the individual who is 21 years of age or older adult designated
171 by the addressee, in the form of a valid, government-issued
172 identification card bearing a photograph of the individual who
173 signs to accept delivery of the shipping container.
174
175 If the person accepting a purchase order for a delivery sale
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176 delivers the tobacco products without using a delivery service,
177 the person must comply with all of the requirements of this
178 section which apply to a delivery service. Any failure to comply
179 with a requirement of this section constitutes a violation
180 thereof.
181 (8)(a) Except as otherwise provided in this section, a
182 violation of this section by a person other than an individual
183 who is not 21 years of age or older an adult is a misdemeanor of
184 the first degree, punishable as provided in s. 775.082 or s.
185 775.083, and:
186 1. For a first violation of this section, the person shall
187 be fined $1,000 or five times the retail value of the tobacco
188 products involved in the violation, whichever is greater.
189 2. For a second or subsequent violation of this section,
190 the person shall be fined $5,000 or five times the retail value
191 of the tobacco products involved in the violation, whichever is
192 greater.
193 (b) A person who is 21 years of age or older an adult and
194 knowingly submits a false certification under subsection (3)
195 commits a misdemeanor of the first degree, punishable as
196 provided in s. 775.082 or s. 775.083. For each offense, the
197 person shall be fined $10,000 or five times the retail value of
198 the tobacco products involved in the violation, whichever is
199 greater.
200 (e) A person who, in connection with a delivery sale,
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201 delivers tobacco products on behalf of a delivery service to an
202 individual who is not 21 years of age or older an adult commits
203 a misdemeanor of the second third degree, punishable as provided
204 in s. 775.082 or s. 775.083.
205 (g) An individual who is not 21 years of age or older an
206 adult and who knowingly violates any provision of this section
207 commits a misdemeanor of the second third degree, punishable as
208 provided in s. 775.082 or s. 775.083.
209 Section 2. Subsection (1) of section 386.212, Florida
210 Statutes, is amended to read:
211 386.212 Smoking and vaping prohibited near school
212 property; penalty.—
213 (1) It is unlawful for any person under 21 18 years of age
214 to smoke tobacco or vape in, on, or within 1,000 feet of the
215 real property comprising a public or private elementary, middle,
216 or secondary school between the hours of 6 a.m. and midnight.
217 This section does not apply to any person occupying a moving
218 vehicle or within a private residence.
219 Section 3. Chapter 569, Florida Statutes, entitled
220 "Tobacco Products," is renamed "Tobacco and Nicotine Products."
221 Section 4. The Division of Law Revision is directed to:
222 (1) Create part I of chapter 569, Florida Statutes,
223 consisting of ss. 569.002-569.24, Florida Statutes, to be
224 entitled "Tobacco Products."
225 (2) Create part II of chapter 569, Florida Statutes,
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226 consisting of ss. 569.31-569.45, Florida Statutes, to be
227 entitled "Nicotine Products."
228 Section 5. Section 569.002, Florida Statutes, is amended
229 to read:
230 569.002 Definitions.—As used in this part chapter, the
231 term:
232 (1) "Dealer" is synonymous with the term "retail tobacco
233 products dealer."
234 (2) "Division" means the Division of Alcoholic Beverages
235 and Tobacco of the Department of Business and Professional
236 Regulation.
237 (3) "Nicotine product" has the same meaning as provided in
238 s. 569.31(4).
239 (4) "Nicotine dispensing device" has the same meaning as
240 provided in s. 569.31(3).
241 (5) "Permit" is synonymous with the term "retail tobacco
242 products dealer permit."
243 (6)(4) "Retail tobacco products dealer" means the holder
244 of a retail tobacco products dealer permit.
245 (7)(5) "Retail tobacco products dealer permit" means a
246 permit issued by the division pursuant to s. 569.003.
247 (8)(6) "Tobacco products" includes loose tobacco leaves,
248 and products made from tobacco leaves, in whole or in part, and
249 cigarette wrappers, which can be used for smoking, sniffing, or
250 chewing.
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251 (9)(7) "Any person under the age of 21 18" does not
252 include any person under the age of 21 18 who:
253 (a) Has had his or her disability of nonage removed under
254 chapter 743;
255 (a)(b) Is in the military reserve or on active duty in the
256 Armed Forces of the United States; or
257 (c) Is otherwise emancipated by a court of competent
258 jurisdiction and released from parental care and responsibility;
259 or
260 (b)(d) Is acting in his or her scope of lawful employment
261 with an entity licensed under the provisions of chapter 210 or
262 this part chapter.
263 Section 6. Paragraph (c) of subsection (1) of section
264 569.003, Florida Statutes, is amended to read:
265 569.003 Retail tobacco products dealer permits;
266 application; qualifications; fees; renewal; duplicates.—
267 (1)
268 (c) Permits shall be issued annually, upon payment of the
269 annual permit fee prescribed by the division. The division shall
270 fix the fee in an amount sufficient to meet the costs incurred
271 by it in carrying out its permitting, enforcement, and
272 administrative responsibilities under this part chapter, but the
273 fee may not exceed $50. The proceeds of the fee shall be
274 deposited into the Alcoholic Beverage and Tobacco Trust Fund.
275 Section 7. Section 569.004, Florida Statutes, is amended
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276 to read:
277 569.004 Consent to inspection and search without warrant.—
278 An applicant for a permit, by accepting the permit when issued,
279 agrees that the place or premises covered by the permit is
280 subject to inspection and search without a search warrant by the
281 division or its authorized assistants, and by sheriffs, deputy
282 sheriffs, or police officers, to determine compliance with this
283 chapter, including part II of this chapter if the applicant
284 deals, at retail, in nicotine products within the state or
285 allows a nicotine products vending machine to be located on its
286 premises within the state.
287 Section 8. Section 569.006, Florida Statutes, is amended
288 to read:
289 569.006 Retail tobacco products dealers; administrative
290 penalties.—The division may suspend or revoke the permit of the
291 dealer upon sufficient cause appearing of the violation of any
292 of the provisions of this chapter, including part II of this
293 chapter if the dealer deals, at retail, in nicotine products
294 within the state or allows a nicotine products vending machine
295 to be located on its premises within the state, by a dealer or
296 by a dealer's agent or employee. The division may also assess
297 and accept administrative fines of up to $1,000 against a dealer
298 for each violation. The division shall deposit all fines
299 collected into the General Revenue Fund as collected. An order
300 imposing an administrative fine becomes effective 15 days after
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301 the date of the order. The division may suspend the imposition
302 of a penalty against a dealer, conditioned upon the dealer's
303 compliance with terms the division considers appropriate.
304 Section 9. Subsections (1), (2), and (4) of section
305 569.007, Florida Statutes, are amended to read:
306 569.007 Sale or delivery of tobacco products;
307 restrictions.—
308 (1) In order to prevent persons under 21 18 years of age
309 from purchasing or receiving tobacco products, the sale or
310 delivery of tobacco products is prohibited, except:
311 (a) When under the direct control or line of sight of the
312 dealer or the dealer's agent or employee; or
313 (b) Sales from a vending machine are prohibited under the
314 provisions of paragraph (1)(a) and are only permissible from a
315 machine that is equipped with an operational lockout device
316 which is under the control of the dealer or the dealer's agent
317 or employee who directly regulates the sale of items through the
318 machine by triggering the lockout device to allow the dispensing
319 of one tobacco product. The lockout device must include a
320 mechanism to prevent the machine from functioning if the power
321 source for the lockout device fails or if the lockout device is
322 disabled, and a mechanism to ensure that only one tobacco
323 product is dispensed at a time.
324 (2) The provisions of subsection (1) shall not apply to an
325 establishment that prohibits persons under 21 18 years of age on
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326 the licensed premises.
327 (4) A dealer or a dealer's agent or employee must may
328 require proof of age of a purchaser of a tobacco product before
329 selling the product to that person, unless the purchaser appears
330 to be 30 years of age or older.
331 Section 10. Section 569.0075, Florida Statutes, is amended
332 to read:
333 569.0075 Gift of sample tobacco products prohibited.—The
334 gift of sample tobacco products to any person under the age of
335 21 18 by an entity licensed or permitted under the provisions of
336 chapter 210 or this part chapter, or by an employee of such
337 entity, is prohibited and is punishable as provided in s.
338 569.101.
339 Section 11. Subsection (1), paragraphs (b) and (c) of
340 subsection (2), and subsection (3) of section 569.008, Florida
341 Statutes, are amended to read:
342 569.008 Responsible retail tobacco products dealers;
343 qualifications; mitigation of disciplinary penalties; diligent
344 management and supervision; presumption.—
345 (1) The Legislature intends to prevent the sale of tobacco
346 products to persons under 21 18 years of age and to encourage
347 retail tobacco products dealers to comply with responsible
348 practices in accordance with this section.
349 (2) To qualify as a responsible retail tobacco products
350 dealer, the dealer must establish and implement procedures
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351 designed to ensure that the dealer's employees comply with the
352 provisions of this part chapter. The dealer must provide a
353 training program for the dealer's employees which addresses the
354 use and sale of tobacco products and which includes at least the
355 following topics:
356 (b) Methods of recognizing and handling customers under 21
357 18 years of age.
358 (c) Procedures for proper examination of identification
359 cards in order to verify that customers are not under 21 18
360 years of age.
361 (3) In determining penalties under s. 569.006, the
362 division may mitigate penalties imposed against a dealer because
363 of an employee's illegal sale of a tobacco product to a person
364 under 21 18 years of age if the following conditions are met:
365 (a) The dealer is qualified as a responsible dealer under
366 this section.
367 (b) The dealer provided the training program required
368 under subsection (2) to that employee before the illegal sale
369 occurred.
370 (c) The dealer had no knowledge of that employee's
371 violation at the time of the violation and did not direct,
372 approve, or participate in the violation.
373 (d) If the sale was made through a vending machine, the
374 machine was equipped with an operational lock-out device.
375 Section 12. Section 569.009, Florida Statutes, is amended
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376 to read:
377 569.009 Rulemaking authority.—The division shall adopt any
378 rules necessary to administer and enforce the provisions of this
379 part chapter.
380 Section 13. Section 569.101, Florida Statutes, is amended
381 to read:
382 569.101 Selling, delivering, bartering, furnishing, or
383 giving tobacco products to persons under 21 18 years of age;
384 criminal penalties; defense.—
385 (1) It is unlawful to sell, deliver, barter, furnish, or
386 give, directly or indirectly, to any person who is under 21 18
387 years of age, any tobacco product.
388 (2) Any person who violates subsection (1) commits a
389 misdemeanor of the second degree, punishable as provided in s.
390 775.082 or s. 775.083. However, any person who violates
391 subsection (1) for a second or subsequent time within 1 year of
392 the first violation, commits a misdemeanor of the first degree,
393 punishable as provided in s. 775.082 or s. 775.083.
394 (3) A person charged with a violation of subsection (1)
395 has a complete defense if, at the time the tobacco product was
396 sold, delivered, bartered, furnished, or given:
397 (a) The buyer or recipient falsely evidenced that she or
398 he was 21 18 years of age or older;
399 (b) The appearance of the buyer or recipient was such that
400 a prudent person would believe the buyer or recipient to be 21
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401 18 years of age or older; and
402 (c) Such person carefully checked a driver license or an
403 identification card issued by this state or another state of the
404 United States, a passport, or a United States armed services
405 identification card presented by the buyer or recipient and
406 acted in good faith and in reliance upon the representation and
407 appearance of the buyer or recipient in the belief that the
408 buyer or recipient was 21 18 years of age or older.
409 Section 14. Section 569.11, Florida Statutes, is amended
410 to read:
411 569.11 Possession, misrepresenting age or military service
412 to purchase, and purchase of tobacco products by persons under
413 21 18 years of age prohibited; penalties; jurisdiction;
414 disposition of fines.—
415 (1) It is unlawful for any person under 21 18 years of age
416 to knowingly possess any tobacco product. Any person under 21 18
417 years of age who violates this subsection commits a noncriminal
418 violation as provided in s. 775.08(3), punishable by:
419 (a) For a first violation, 16 hours of community service
420 or, instead of community service, a $25 fine. In addition, the
421 person must attend a school-approved anti-tobacco program, if
422 locally available; or
423 (b) For a second or subsequent violation within 12 weeks
424 after the first violation, a $25 fine.
425
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426 Any second or subsequent violation not within the 12-week period
427 after the first violation is punishable as provided for a first
428 violation.
429 (2) It is unlawful for any person under 21 18 years of age
430 to misrepresent his or her age or military service for the
431 purpose of inducing a dealer or an agent or employee of the
432 dealer to sell, give, barter, furnish, or deliver any tobacco
433 product, or to purchase, or attempt to purchase, any tobacco
434 product from a person or a vending machine. Any person under 21
435 18 years of age who violates this subsection commits a
436 noncriminal violation as provided in s. 775.08(3), punishable
437 by:
438 (a) For a first violation, 16 hours of community service
439 or, instead of community service, a $25 fine and, in addition,
440 the person must attend a school-approved anti-tobacco program,
441 if available; or
442 (b) For a second or subsequent violation within 12 weeks
443 after the first violation, a $25 fine.
444
445 Any second or subsequent violation not within the 12-week period
446 after the first violation is punishable as provided for a first
447 violation.
448 (3) Any person under 21 18 years of age cited for
449 committing a noncriminal violation under this section must sign
450 and accept a civil citation indicating a promise to appear
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451 before the county court or comply with the requirement for
452 paying the fine and must attend a school-approved anti-tobacco
453 program, if locally available. If a fine is assessed for a
454 violation of this section, the fine must be paid within 30 days
455 after the date of the citation or, if a court appearance is
456 mandatory, within 30 days after the date of the hearing.
457 (4) A person charged with a noncriminal violation under
458 this section must appear before the county court or comply with
459 the requirement for paying the fine. The court, after a hearing,
460 shall make a determination as to whether the noncriminal
461 violation was committed. If the court finds the violation was
462 committed, it shall impose an appropriate penalty as specified
463 in subsection (1) or subsection (2). A person who participates
464 in community service shall be considered an employee of the
465 state for the purpose of chapter 440, for the duration of such
466 service.
467 (5)(a) If a person under 21 18 years of age is found by
468 the court to have committed a noncriminal violation under this
469 section and that person has failed to complete community
470 service, pay the fine as required by paragraph (1)(a) or
471 paragraph (2)(a), or attend a school-approved anti-tobacco
472 program, if locally available, the court may direct the
473 Department of Highway Safety and Motor Vehicles to withhold
474 issuance of or suspend the driver license or driving privilege
475 of that person for a period of 30 consecutive days.
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476 (b) If a person under 21 18 years of age is found by the
477 court to have committed a noncriminal violation under this
478 section and that person has failed to pay the applicable fine as
479 required by paragraph (1)(b) or paragraph (2)(b), the court may
480 direct the Department of Highway Safety and Motor Vehicles to
481 withhold issuance of or suspend the driver license or driving
482 privilege of that person for a period of 45 consecutive days.
483 (6) Eighty percent of all civil penalties received by a
484 county court pursuant to this section shall be remitted by the
485 clerk of the court to the Department of Revenue for transfer to
486 the Department of Education to provide for teacher training and
487 for research and evaluation to reduce and prevent the use of
488 tobacco products by children. The remaining 20 percent of civil
489 penalties received by a county court pursuant to this section
490 shall remain with the clerk of the county court to cover
491 administrative costs.
492 Section 15. Section 569.12, Florida Statutes, is amended
493 to read:
494 569.12 Jurisdiction; tobacco product and nicotine product
495 enforcement officers or agents; enforcement.—
496 (1) In addition to the Division of Alcoholic Beverages and
497 Tobacco of the Department of Business and Professional
498 Regulation, any law enforcement officer certified under s.
499 943.10(1), (6), or (8) shall enforce the provisions of this
500 chapter.
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501 (2)(a) A county or municipality may designate certain of
502 its employees or agents as tobacco product and nicotine product
503 enforcement officers. The training and qualifications of the
504 employees or agents for such designation shall be determined by
505 the county or the municipality. Nothing in this section shall be
506 construed to permit the carrying of firearms or other weapons by
507 a tobacco product and nicotine product enforcement agent, nor
508 does designation as a tobacco product and nicotine product
509 enforcement officer provide the employee or agent with the power
510 of arrest or subject the employee or agent to the provisions of
511 ss. 943.085-943.255. Nothing in this section amends, alters, or
512 contravenes the provisions of any state-administered retirement
513 system or any state-supported retirement system established by
514 general law.
515 (b) A tobacco and nicotine product enforcement officer is
516 authorized to issue a citation to a person under the age of 21
517 18 when, based upon personal investigation, the officer has
518 reasonable cause to believe that the person has committed a
519 civil infraction in violation of s. 386.212, or s. 569.11, or s.
520 569.42.
521 (3) A correctional probation officer as defined in s.
522 943.10(3) is authorized to issue a citation to a person under
523 the age of 21 18 when, based upon personal investigation, the
524 officer has reasonable cause to believe that the person has
525 committed a civil infraction in violation of s. 569.11 or s.
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526 569.42.
527 (4) A citation issued to any person violating the
528 provisions of s. 569.11 or s. 569.42 shall be in a form
529 prescribed by the Division of Alcoholic Beverages and Tobacco of
530 the Department of Business and Professional Regulation and shall
531 contain:
532 (a) The date and time of issuance.
533 (b) The name and address of the person to whom the
534 citation is issued.
535 (c) The date and time the civil infraction was committed.
536 (d) The facts constituting reasonable cause.
537 (e) The number of the Florida statute violated.
538 (f) The name and authority of the citing officer.
539 (g) The procedure for the person to follow in order to
540 contest the citation, perform the required community service,
541 attend the required anti-tobacco or anti-tobacco and anti-
542 nicotine program, or to pay the civil penalty.
543 Section 16. Section 569.14, Florida Statutes, is amended
544 to read:
545 569.14 Posting of a sign stating that the sale of tobacco
546 products or nicotine products to persons under 21 18 years of
547 age is unlawful; enforcement; penalty.—
548 (1) A dealer that sells tobacco products shall post a
549 clear and conspicuous sign in each place of business where such
550 products are sold which substantially states the following:
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551
552 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
553 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
554 REQUIRED FOR PURCHASE.
555
556 (2) A dealer that sells tobacco products and nicotine
557 products or nicotine dispensing devices, as defined in s.
558 877.112, may use a sign that substantially states the following:
559
560 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
561 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
562 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
563 REQUIRED FOR PURCHASE.
564
565 A dealer that uses a sign as described in this subsection meets
566 the signage requirements of subsection (1) and s. 569.43(1) s.
567 877.112.
568 (3) The division shall make available to dealers of
569 tobacco products signs that meet the requirements of subsection
570 (1) or subsection (2).
571 (4) Any dealer that sells tobacco products shall provide
572 at the checkout counter in a location clearly visible to the
573 dealer or the dealer's agent or employee instructional material
574 in a calendar format or similar format to assist in determining
575 whether a person is of legal age to purchase tobacco products.
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576 This point of sale material must contain substantially the
577 following language:
578
579 IF YOU WERE NOT BORN BEFORE THIS DATE
580 (insert date and applicable year)
581 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,
582 OR NICOTINE DISPENSING DEVICES.
583
584 Upon approval by the division, in lieu of a calendar a dealer
585 may use card readers, scanners, or other electronic or automated
586 systems that can verify whether a person is of legal age to
587 purchase tobacco products. Failure to comply with the provisions
588 contained in this subsection shall result in imposition of
589 administrative penalties as provided in s. 569.006.
590 (5) The division, through its agents and inspectors, shall
591 enforce this section.
592 (6) Any person who fails to comply with subsection (1) is
593 guilty of a misdemeanor of the second degree, punishable as
594 provided in s. 775.082 or s. 775.083.
595 Section 17. Section 569.19, Florida Statutes, is amended
596 to read:
597 569.19 Annual report.—The division shall report annually
598 with written findings to the Legislature and the Governor by
599 December 31, on the progress of implementing the enforcement
600 provisions of this part chapter. This must include, but is not
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601 limited to:
602 (1) The number and results of compliance visits.
603 (2) The number of violations for failure of a retailer to
604 hold a valid license.
605 (3) The number of violations for selling tobacco products
606 to persons under age 21 18, and the results of administrative
607 hearings on the above and related issues.
608 (4) The number of persons under age 21 18 cited for
609 violations of s. 569.11 and sanctions imposed as a result of
610 citation.
611 Section 18. Section 569.24, Florida Statutes, is created
612 to read:
613 569.24 Preemption of the establishment of the minimum age
614 for tobacco products, nicotine products, or nicotine dispensing
615 devices, and the regulation of marketing of such products.—
616 (1) DEFINITIONS.—As used in this section, the term:
617 (a) "Local government" means a county, municipality,
618 special district, or political subdivision of the state.
619 (b) "Minimum age" means the lawful age to purchase or
620 knowingly possess tobacco products or nicotine products.
621 (c) "Retail licensure" means any certification,
622 registration, or license that is required for a person, firm,
623 association, or corporation to deal, at retail, any tobacco
624 products or nicotine products.
625 (2) PREEMPTION.—The establishment of the minimum age for
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626 the sale and delivery of tobacco products and nicotine products
627 and the regulation of the marketing of such products, is
628 preempted to the state. Nothing in this section shall be
629 construed to affect a local government's ability to require
630 retail licensure for the sale of tobacco products and nicotine
631 products.
632 Section 19. Section 569.31, Florida Statutes, is created
633 to read:
634 569.31 Definitions.—As used in this part, the term:
635 (1) "Dealer" is synonymous with the term "retail nicotine
636 products dealer."
637 (2) "Division" means the Division of Alcoholic Beverages
638 and Tobacco of the Department of Business and Professional
639 Regulation.
640 (3) "Nicotine dispensing device" means any product that
641 employs an electronic, chemical, or mechanical means to produce
642 vapor or aerosol from a nicotine product, including, but not
643 limited to, an electronic cigarette, electronic cigar,
644 electronic cigarillo, electronic pipe, or other similar device
645 or product, any replacement cartridge for such device, and any
646 other container of nicotine in a solution or other form intended
647 to be used with or within an electronic cigarette, electronic
648 cigar, electronic cigarillo, electronic pipe, or other similar
649 device or product.
650 (4) "Nicotine product" means any product that contains
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651 nicotine, including liquid nicotine, which is intended for human
652 consumption, whether inhaled, chewed, absorbed, dissolved, or
653 ingested by any means. The term also includes any nicotine
654 dispensing device. The term does not include a:
655 (a) Tobacco product, as defined in s. 569.002;
656 (b) Product regulated as a drug or device by the United
657 States Food and Drug Administration under Chapter V of the
658 Federal Food, Drug, and Cosmetic Act; or
659 (c) Product that contains incidental nicotine.
660 (5) "Permit" is synonymous with the term "retail nicotine
661 products dealer permit."
662 (6) "Retail nicotine products dealer" means the holder of
663 a retail nicotine products dealer permit.
664 (7) "Retail nicotine products dealer permit" means a
665 permit issued by the division under s. 569.32.
666 (8) "Self-service merchandising" means the open display of
667 nicotine products, whether packaged or otherwise, for direct
668 retail customer access and handling before purchase without the
669 intervention or assistance of the dealer or the dealer's owner,
670 employee, or agent. An open display of such products and devices
671 includes the use of an open display unit.
672 (9) "Any person under the age of 21" does not include any
673 person under the age of 21 who:
674 (a) Is in the military reserve or on active duty in the
675 Armed Forces of the United States; or
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676 (b) Is acting in his or her scope of lawful employment.
677 Section 20. Section 569.32, Florida Statutes, is created
678 to read:
679 569.32 Retail nicotine products dealer permits;
680 application; qualifications; renewal; duplicates.—
681 (1)(a) Each person, firm, association, or corporation that
682 seeks to deal, at retail, in nicotine products within the state,
683 or to allow a nicotine products vending machine to be located on
684 its premises in the state, must obtain a retail nicotine
685 products dealer permit for each place of business or premises at
686 which nicotine products are sold. Each dealer owning, leasing,
687 furnishing, or operating vending machines through which nicotine
688 products are sold must obtain a permit for each machine and
689 shall post the permit in a conspicuous place on or near the
690 machine; however, if the dealer has more than one vending
691 machine at a single location or if nicotine products are sold
692 both over the counter and through a vending machine at a single
693 location, the dealer need obtain only one permit for that
694 location.
695 (b) Application for a permit must be made on a form
696 furnished by the division and must set forth the name under
697 which the applicant transacts or intends to transact business,
698 the address of the location of the applicant's place of business
699 within the state, and any other information the division
700 requires. If the applicant has or intends to have more than one
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701 place of business dealing in nicotine products within the state,
702 a separate application must be made for each place of business.
703 If the applicant is a firm or an association, the application
704 must set forth the names and addresses of the persons
705 constituting the firm or association; if the applicant is a
706 corporation, the application must set forth the names and
707 addresses of the principal officers of the corporation. The
708 application must also set forth any other information prescribed
709 by the division for the purpose of identifying the applicant
710 firm, association, or corporation. The application must be
711 signed and verified by oath or affirmation by the owner, if a
712 sole proprietor, or, if the owner is a firm, association, or
713 partnership, by the members or partners thereof, or, if the
714 owner is a corporation, by an executive officer of the
715 corporation or by a person authorized by the corporation to sign
716 the application, together with the written evidence of this
717 authority.
718 (2)(a) Permits may be issued only to persons who are 18
719 years of age or older or to corporations the officers of which
720 are 18 years of age or older.
721 (b) The division may refuse to issue a permit to any
722 person, firm, association, or corporation the permit of which
723 has been revoked, to any corporation an officer of which has had
724 his or her permit revoked, or to any person who is or has been
725 an officer of a corporation the permit of which has been
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726 revoked. Any permit issued to a firm, association, or
727 corporation prohibited from obtaining a permit under this
728 chapter shall be revoked by the division.
729 (3) Upon approval of an application for a permit, the
730 division shall issue to the applicant a permit for the place of
731 business or premises specified in the application. A permit is
732 not assignable and is valid only for the person in whose name
733 the permit is issued and for the place designated in the permit.
734 The permit shall be conspicuously displayed at all times at the
735 place for which issued.
736 Section 21. Section 569.33 Florida Statutes, is created to
737 read:
738 569.33 Consent to inspection and search without warrant.—
739 An applicant for a retail nicotine products dealer permit, by
740 accepting the permit when issued, agrees that the place or
741 premises covered by the permit is subject to inspection and
742 search without a search warrant by the division or its
743 authorized assistants, and by sheriffs, deputy sheriffs, or
744 police officers, to determine compliance with this part.
745 Section 22. Section 569.34, Florida Statutes, is created
746 to read:
747 569.34 Operating without a retail nicotine products dealer
748 permit; penalty.—
749 (1) It is unlawful for a person, firm, association, or
750 corporation to deal, at retail, in nicotine products, in any
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751 manner, or to allow a nicotine products vending machine to be
752 located on its premises, without having a retail nicotine
753 product dealer permit as required by s. 569.32. A person who
754 violates this section commits a noncriminal violation,
755 punishable by a fine of not more than $500.
756 (2) A retail tobacco products dealer, as defined in s.
757 569.002(4), is not required to have a separate or additional
758 retail nicotine products dealer permit to deal, at retail, in
759 nicotine products within the state, or allow a nicotine products
760 vending machine to be located on its premises in the state. Any
761 retail tobacco products dealer that deals, at retail, in
762 nicotine products or allows a tobacco products vending machine
763 to be located on its premises in the state, is subject to, and
764 must be in compliance with, this part.
765 (3) Any person who violates this section shall be cited
766 for such infraction and shall be cited to appear before the
767 county court. The citation may indicate the time, date, and
768 location of the scheduled hearing and must indicate that the
769 penalty for a noncriminal violation is a fine of not more than
770 $500.
771 (a) A person cited for an infraction under this section
772 may:
773 1. Post a $500 bond; or
774 2. Sign and accept the citation indicating a promise to
775 appear.
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776 (b) A person cited for violating this section may:
777 1. Pay the fine, either by mail or in person, within 10
778 days after receiving the citation; or
779 2. If the person has posted bond, forfeit the bond by not
780 appearing at the scheduled hearing.
781 (c) If the person pays the fine or forfeits bond, the
782 person is deemed to have admitted violating this section and to
783 have waived the right to a hearing on the issue of commission of
784 the violation. Such admission may not be used as evidence in any
785 other proceeding.
786 (d) The court, after a hearing, shall make a determination
787 as to whether an infraction has been committed. If the
788 commission of an infraction has been proven beyond a reasonable
789 doubt, the court may impose a civil penalty in an amount that
790 may not exceed $500.
791 (e) If a person is found by the court to have committed
792 the infraction, that person may appeal that finding to the
793 circuit court.
794 Section 23. Section 569.35, Florida Statutes, is created
795 to read:
796 569.35 Retail nicotine product dealers; administrative
797 penalties.—The division may suspend or revoke the permit of a
798 dealer, including the retail tobacco products dealer permit of a
799 retail tobacco products dealer as defined in s. 569.002(4), upon
800 sufficient cause appearing of the violation of any of the
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801 provisions of this part, by a dealer, or by a dealer's agent or
802 employee. The division may also assess and accept an
803 administrative fine of up to $1,000 against a dealer for each
804 violation. The division shall deposit all fines collected into
805 the General Revenue Fund as collected. An order imposing an
806 administrative fine becomes effective 15 days after the date of
807 the order. The division may suspend the imposition of a penalty
808 against a dealer, conditioned upon the dealer's compliance with
809 terms the division considers appropriate.
810 Section 24. Section 569.37, Florida Statutes, is created
811 to read:
812 569.37 Sale or delivery of nicotine products;
813 restrictions.—
814 (1) In order to prevent persons under 21 years of age from
815 purchasing or receiving nicotine products, the sale or delivery
816 of nicotine products is prohibited, except:
817 (a) When under the direct control or line of sight of the
818 dealer or the dealer's agent or employee; or
819 (b) Sales from a vending machine are prohibited under
820 paragraph (a) and are only permissible from a machine that is
821 equipped with an operational lockout device which is under the
822 control of the dealer or the dealer's agent or employee who
823 directly regulates the sale of items through the machine by
824 triggering the lockout device to allow the dispensing of one
825 tobacco product. The lockout device must include a mechanism to
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826 prevent the machine from functioning if the power source for the
827 lockout device fails or if the lockout device is disabled, and a
828 mechanism to ensure that only one tobacco product is dispensed
829 at a time.
830 (2)(a) A dealer that sells nicotine products may not sell,
831 permit to be sold, offer for sale, or display for sale such
832 products or devices by means of self-service merchandising.
833 (b) A dealer that sells nicotine products may not place
834 such products or devices in an open display unit unless the unit
835 is located in an area that is inaccessible to customers.
836 (3) The provisions of subsections (1) and (2) shall not
837 apply to an establishment that prohibits persons under 21 years
838 of age on the licensed premises.
839 (4) A dealer or a dealer's agent or employee must require
840 proof of age of a purchaser of a nicotine product before selling
841 the product to that person, unless the purchaser appears to be
842 30 years of age or older.
843 Section 25. Section 569.38, Florida Statutes, is created
844 to read:
845 569.38 Gift of sample nicotine products and nicotine
846 dispensing devices.—The gift of sample nicotine products to any
847 person under the age of 21 by an entity permitted under this
848 part, or by an employee of such entity, is prohibited and is
849 punishable as provided in s. 569.41.
850 Section 26. Section 569.381, Florida Statutes, is created
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851 to read:
852 569.381 Responsible retail nicotine products dealers;
853 qualifications; mitigation of disciplinary penalties; diligent
854 management and supervision; presumption.—
855 (1) It is the intent of the Legislature to prevent the
856 sale of nicotine products to persons under 21 years of age and
857 to encourage retail nicotine products dealers to comply with
858 responsible practices in accordance with this section.
859 (2) To qualify as a responsible retail nicotine products
860 dealer, the dealer must establish and implement procedures
861 designed to ensure that the dealer's employees comply with this
862 part. The dealer must provide a training program for the
863 dealer's employees which addresses the use and sale of nicotine
864 products and which includes at least the following topics:
865 (a) Laws covering the sale of nicotine products.
866 (b) Methods of recognizing and handling customers under 21
867 years of age.
868 (c) Procedures for proper examination of identification
869 cards in order to verify that customers are not under 21 years
870 of age.
871 (d) The use of the age audit identification function on
872 electronic point-of-sale equipment, where available.
873 (3) In determining penalties under s. 569.35, the division
874 may mitigate penalties imposed against a dealer because of an
875 employee's illegal sale of a nicotine product to a person under
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876 21 years of age if the following conditions are met:
877 (a) The dealer is qualified as a responsible dealer under
878 this section.
879 (b) The dealer provided the training program required
880 under subsection (2) to that employee before the illegal sale
881 occurred.
882 (c) The dealer had no knowledge of that employee's
883 violation at the time of the violation and did not direct,
884 approve, or participate in the violation.
885 (d) If the sale was made through a vending machine, the
886 machine was equipped with an operational lock-out device.
887 (4) The division shall develop and make available a model
888 nicotine products training program designed to ensure adherence
889 to this part by dealers and their employees which, if followed,
890 will qualify dealers as responsible dealers.
891 (5) Dealers shall exercise diligence in the management and
892 supervision of their premises and in the supervision and
893 training of their employees, agents, or servants. In proceedings
894 to impose penalties under s. 569.35, proof that employees,
895 agents, or servants of the dealer, while in the scope of their
896 employment, committed at least three violations of s. 569.41
897 during a 180-day period shall be prima facie evidence of a lack
898 of due diligence by the dealer in the management and supervision
899 of his or her premises and in the supervision and training of
900 employees, agents, officers, or servants.
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901 (6) The division may consider qualification as a
902 responsible retail nicotine products dealer under this section
903 as evidence that the dealer properly exercised the diligence
904 required under this section.
905 Section 27. Section 569.39, Florida Statutes, is created
906 to read:
907 569.39 Rulemaking authority.—The division shall adopt
908 rules to administer and enforce this part.
909 Section 28. Section 569.41, Florida Statutes, is created
910 to read:
911 569.41 Selling, delivering, bartering, furnishing, or
912 giving nicotine products to persons under 21 years of age;
913 criminal penalties; defense.—
914 (1) It is unlawful to sell, deliver, barter, furnish, or
915 give, directly or indirectly, to any person who is under 21
916 years of age, any nicotine product.
917 (2) Any person who violates subsection (1) commits a
918 misdemeanor of the second degree, punishable as provided in s.
919 775.082 or s. 775.083. However, any person who violates
920 subsection (1) for a second or subsequent time within 1 year
921 after the first violation commits a misdemeanor of the first
922 degree, punishable as provided in s. 775.082 or s. 775.083.
923 (3) A person charged with a violation of subsection (1)
924 has a complete defense if, at the time the nicotine product was
925 sold, delivered, bartered, furnished, or given:
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926 (a) The buyer or recipient falsely evidenced that she or
927 he was 21 years of age or older;
928 (b) The appearance of the buyer or recipient was such that
929 a prudent person would believe the buyer or recipient to be 21
930 years of age or older; and
931 (c) Such person carefully checked a driver license or an
932 identification card issued by the state or another state of the
933 United States, a passport, or a United States armed services
934 identification card presented by the buyer or recipient and
935 acted in good faith and in reliance upon the representation and
936 appearance of the buyer or recipient in the belief that the
937 buyer or recipient was 21 years of age or older.
938 Section 29. Section 569.42, Florida Statutes, is created
939 to read:
940 569.42 Possession, misrepresenting age or military service
941 to purchase, and purchase of nicotine products by persons under
942 21 years of age prohibited; penalties; jurisdiction; disposition
943 of fines.—
944 (1) It is unlawful for any person under 21 years of age to
945 knowingly possess any nicotine product. Any person under 21
946 years of age who violates this subsection commits a noncriminal
947 violation as provided in s. 775.08(3), punishable by:
948 (a) For a first violation, 16 hours of community service
949 or, instead of community service, a $25 fine. In addition, the
950 person must attend a school-approved anti-tobacco and anti-
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951 nicotine program, if locally available; or
952 (b) For a second or subsequent violation within 12 weeks
953 after the first violation, a $25 fine.
954
955 Any second or subsequent violation not within the 12-week period
956 after the first violation is punishable as provided for a first
957 violation.
958 (2) It is unlawful for any person under 21 years of age to
959 misrepresent his or her age or military service for the purpose
960 of inducing a dealer or an agent or employee of the dealer to
961 sell, give, barter, furnish, or deliver any nicotine product, or
962 to purchase, or attempt to purchase, any nicotine product from a
963 person or a vending machine. Any person under 21 years of age
964 who violates this subsection commits a noncriminal violation as
965 defined in s. 775.08(3), punishable by:
966 (a) For a first violation, 16 hours of community service
967 or, instead of community service, a $25 fine and, in addition,
968 the person must attend a school-approved anti-tobacco and anti-
969 nicotine program, if available; or
970 (b) For a second or subsequent violation within 12 weeks
971 after the first violation, a $25 fine.
972
973 Any second or subsequent violation not within the 12-week period
974 after the first violation is punishable as provided for a first
975 violation.
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976 (3) Any person under 21 years of age cited for committing
977 a noncriminal violation under this section must sign and accept
978 a civil citation indicating a promise to appear before the
979 county court or comply with the requirement for paying the fine
980 and must attend a school-approved anti-tobacco and anti-nicotine
981 program, if locally available. If a fine is assessed for a
982 violation of this section, the fine must be paid within 30 days
983 after the date of the citation or, if a court appearance is
984 mandatory, within 30 days after the date of the hearing.
985 (4) A person charged with a noncriminal violation under
986 this section must appear before the county court or comply with
987 the requirement for paying the fine. The court, after a hearing,
988 shall make a determination as to whether the noncriminal
989 violation was committed. If the court finds the violation was
990 committed, it shall impose an appropriate penalty as specified
991 in subsection (1) or subsection (2). A person who participates
992 in community service shall be considered an employee of the
993 state for the purpose of chapter 440, for the duration of such
994 service.
995 (5)(a) If a person under 21 years of age is found by the
996 court to have committed a noncriminal violation under this
997 section and the person has failed to complete community service,
998 pay the fine as required by paragraph (1)(a) or paragraph
999 (2)(a), or attend a school-approved anti-tobacco and anti-
1000 nicotine program, if locally available, the court may direct the
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1001 Department of Highway Safety and Motor Vehicles to withhold
1002 issuance of or suspend the driver license or driving privilege
1003 of that person for a period of 30 consecutive days.
1004 (b) If a person under 21 years of age is found by the
1005 court to have committed a noncriminal violation under this
1006 section and that person has failed to pay the applicable fine as
1007 required by paragraph (1)(b) or paragraph (2)(b), the court may
1008 direct the Department of Highway Safety and Motor Vehicles to
1009 withhold issuance of or suspend the driver license or driving
1010 privilege of that person for a period of 45 consecutive days.
1011 (6) Eighty percent of all civil penalties received by a
1012 county court under this section shall be remitted by the clerk
1013 of the court to the Department of Revenue for transfer to the
1014 Department of Education to provide for teacher training and for
1015 research and evaluation to reduce and prevent the use of
1016 nicotine products by children. The remaining 20 percent of civil
1017 penalties received by a county court under this section shall
1018 remain with the clerk of the county court to cover
1019 administrative costs.
1020 Section 30. Section 569.43, Florida Statutes, is created
1021 to read:
1022 569.43 Posting of a sign stating that the sale of nicotine
1023 products or nicotine dispensing devices to persons under 21
1024 years of age is unlawful; enforcement; penalty.—
1025 (1) A dealer that sells nicotine products shall post a
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1026 clear and conspicuous sign in each place of business at which
1027 such products are sold which substantially states the following:
1028
1029 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
1030 DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
1031 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
1032
1033 (2) The division shall make available to dealers of
1034 nicotine products signs that meet the requirements of subsection
1035 (1).
1036 (3) Any dealer that sells nicotine products shall provide
1037 at the checkout counter in a location clearly visible to the
1038 dealer or the dealer's agent or employee instructional material
1039 in a calendar format or similar format to assist in determining
1040 whether a person is of legal age to purchase nicotine products.
1041 This point of sale material must contain substantially the
1042 following language:
1043
1044 IF YOU WERE NOT BORN BEFORE THIS DATE
1045 (insert date and applicable year)
1046 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE
1047 DISPENSING DEVICES.
1048
1049 Upon approval by the division, in lieu of a calendar a dealer
1050 may use card readers, scanners, or other electronic or automated
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1051 systems that can verify whether a person is of legal age to
1052 purchase nicotine products. Failure to comply with the
1053 provisions contained in this subsection shall result in
1054 imposition of administrative penalties as provided in s. 569.35.
1055 (4) The division, through its agents and inspectors, shall
1056 enforce this section.
1057 (5) Any person who fails to comply with subsection (1)
1058 commits a misdemeanor of the second degree, punishable as
1059 provided in s. 775.082 or s. 775.083.
1060 Section 31. Section 569.44, Florida Statutes, is created
1061 to read:
1062 569.44 Annual report.—The division shall report annually
1063 with written findings to the Legislature and the Governor by
1064 December 31, on the progress of implementing the enforcement
1065 provisions of this part. This must include, but is not limited
1066 to:
1067 (1) The number and results of compliance visits.
1068 (2) The number of violations for failure of a retailer to
1069 hold a valid permit.
1070 (3) The number of violations for selling nicotine products
1071 to persons under age 21, and the results of administrative
1072 hearings on the above and related issues.
1073 (4) The number of persons under age 21 cited for
1074 violations of s. 569.42 and sanctions imposed as a result of
1075 citation.
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1076 Section 32. Section 569.45, Florida Statutes, is created
1077 to read:
1078 569.45 Mail order, Internet, and remote sales of nicotine
1079 products; age verification.—
1080 (1) For purposes of this section, the term:
1081 (a) "Consumer" means a person in the state who comes into
1082 possession of any nicotine product who, at the time of
1083 possession, is not intending to sell or distribute the nicotine
1084 product, or is not a retailer.
1085 (b) "Delivery sale" means any sale of nicotine products to
1086 a consumer in the state for which:
1087 1. The consumer submits the order for the sale by
1088 telephonic or other voice transmission, mail, delivery service,
1089 or the Internet or other online service; or
1090 2. The nicotine products are delivered by use of mail or a
1091 delivery service.
1092 (c) "Delivery service" means any person engaged in the
1093 commercial delivery of letters, packages, or other containers.
1094 (d) "Legal minimum purchase age" means the minimum age at
1095 which an individual may legally purchase nicotine products in
1096 the state.
1097 (e) "Retailer" means any person who is required to obtain
1098 a retail nicotine products dealer permit or a retail tobacco
1099 products dealer permit, as defined in s. 569.002.
1100 (f) "Shipping container" means a container in which
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1101 nicotine products are shipped in connection with a delivery
1102 sale.
1103 (g) "Shipping document" means a bill of lading, airbill,
1104 United States Postal Service form, or any other document used to
1105 verify the undertaking by a delivery service to deliver letters,
1106 packages, or other containers.
1107 (2)(a) A sale of nicotine products constituting a delivery
1108 sale under paragraph (1)(c) is a delivery sale regardless of
1109 whether the person accepting the order for the delivery sale is
1110 located inside or outside the state.
1111 (b) A retailer must obtain a retail nicotine products
1112 dealer permit or a retail tobacco products dealer permit, as
1113 defined in s. 569.002, from the division under the requirements
1114 of this chapter before accepting an order for a delivery sale.
1115 (c) A person may not make a delivery sale of nicotine
1116 products to any individual who is not 21 years of age or older.
1117 (d) Each person accepting an order for a delivery sale
1118 must comply with each of the following:
1119 1. The age verification requirements set forth in
1120 subsection (3).
1121 2. The disclosure requirements set forth in subsection
1122 (4).
1123 3. The shipping requirements set forth in subsection (5).
1124 (3) A person may not mail, ship, or otherwise deliver
1125 nicotine products in connection with an order for a delivery
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1126 sale unless, before the first delivery to the consumer, the
1127 person accepting the order for the delivery sale:
1128 (a) Obtains from the person submitting the order a
1129 certification that includes:
1130 1. Reliable confirmation that the person is 21 years of
1131 age or older; and
1132 2. A statement signed by the person in writing and under
1133 penalty of perjury which:
1134 a. Certifies the address and date of birth of the person;
1135 and
1136 b. Confirms that the person wants to receive delivery
1137 sales from a nicotine products company and understands that,
1138 under the laws of the state, the following actions are illegal:
1139 (I) Signing another person's name to the certification;
1140 (II) Selling nicotine products to individuals who are not
1141 21 years of age or older; and
1142 (III) Purchasing nicotine products, if the person making
1143 the purchase is not 21 years of age or older.
1144 (b) Makes a good faith effort to verify the information
1145 contained in the certification provided by the individual under
1146 paragraph (a) against a commercially available database that may
1147 be reasonably relied upon for accurate age information or
1148 obtains a photocopy or other image of a valid government-issued
1149 identification card stating the date of birth or age of the
1150 individual.
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1151 (c) Provides to the individual, via electronic mail or
1152 other means, a notice meeting the requirements of subsection
1153 (4).
1154 (d) If an order for nicotine products is made pursuant to
1155 an advertisement on the Internet, receives payment for the
1156 delivery sale from the consumer by a credit or debit card issued
1157 in the name of the consumer, or by personal or company check of
1158 the consumer.
1159 (e) The person accepting the order for delivery sale shall
1160 submit, to each credit card acquiring company with which the
1161 person has credit card sales, identification information in an
1162 appropriate form and format so that the words "nicotine product"
1163 may be printed in the purchaser's credit card statement when a
1164 purchase of a nicotine product is made by credit card payment.
1165 (f) Makes a telephone call after 5 p.m. to the purchaser
1166 confirming the order before shipping the nicotine products. The
1167 telephone call may be a person-to-person call or a recorded
1168 message. The person accepting the order for delivery sale is not
1169 required to speak directly with a person and may leave a message
1170 on an answering machine or through voice mail.
1171
1172 In addition to the requirements of this subsection, a person
1173 accepting an order for a delivery sale may request that a
1174 consumer provide an electronic mail address.
1175 (4) The notice described in paragraph (3)(c) must include
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1176 prominent and clearly legible statements that sales of nicotine
1177 products are:
1178 (a) Illegal if made to individuals who are not 21 years of
1179 age or older.
1180 (b) Restricted to those individuals who provide verifiable
1181 proof of age in accordance with subsection (3).
1182 (5) Each person who mails, ships, or otherwise delivers
1183 nicotine products in connection with an order for a delivery
1184 sale must:
1185 (a) Include as part of the shipping documents, in a clear
1186 and conspicuous manner, the following statement: "Nicotine
1187 Products: Florida law prohibits shipping to individuals under 21
1188 years of age."
1189 (b) Use a method of mailing, shipping, or delivery which
1190 obligates the delivery service to require:
1191 1. The individual submitting the order for the delivery
1192 sale or another person 21 years of age or older who resides at
1193 the individual's address to sign his or her name to accept
1194 delivery of the shipping container. Proof of the legal minimum
1195 purchase age of the individual accepting delivery is required
1196 only if the individual appears to be under 30 years of age.
1197 2. Proof that the individual is either the addressee or
1198 the individual who is 21 years of age or older designated by the
1199 addressee, in the form of a valid, government-issued
1200 identification card bearing a photograph of the individual who
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1201 signs to accept delivery of the shipping container.
1202
1203 If the person accepting a purchase order for a delivery sale
1204 delivers the nicotine products without using a delivery service,
1205 the person must comply with all of the requirements of this
1206 section which apply to a delivery service. Any failure to comply
1207 with a requirement of this section constitutes a violation
1208 thereof.
1209 (6) This section does not apply to delivery sales of
1210 nicotine products to a retail nicotine products dealer or a
1211 retail tobacco products dealer, as defined in s. 569.002.
1212 (7) An individual 21 years of age or older who knowingly
1213 violates any provision of this section commits a misdemeanor of
1214 the second degree, punishable as provided in s. 775.082 or s.
1215 775.083.
1216 (8) The Attorney General, the Attorney General's designee,
1217 or a state attorney may bring an action in the appropriate court
1218 in the state to prevent or restrain violations of this section
1219 by any person.
1220 Section 33. Section 877.112, Florida Statutes, is
1221 repealed.
1222 Section 34. This act shall take effect October 1, 2021.
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