Bill Amendment: FL S1618 | 2019 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Tobacco and Nicotine Products
Status: 2019-05-03 - Died in Messages [S1618 Detail]
Download: Florida-2019-S1618-Senate_Floor_Amendment_123848.html
Bill Title: Tobacco and Nicotine Products
Status: 2019-05-03 - Died in Messages [S1618 Detail]
Download: Florida-2019-S1618-Senate_Floor_Amendment_123848.html
Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for SB 1618
Ì123848GÎ123848
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/29/2019 01:58 PM .
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Senator Simmons moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 59 - 548
4 and insert:
5 Section 2. Section 163.085, Florida Statutes, is created to
6 read:
7 163.085 Preemption of the establishment of the minimum age
8 for tobacco products, nicotine products, or nicotine dispensing
9 devices, and the regulation of marketing of such products.—
10 (1) DEFINITIONS.—As used in this section, the term:
11 (a) “Local government” means a county, municipality, or
12 special district.
13 (b) “Minimum age” means the lawful age to purchase or
14 knowingly possess tobacco products, nicotine products, or
15 nicotine dispensing devices.
16 (c) “Nicotine dispensing device” has the same meaning as in
17 s. 877.112.
18 (d) “Nicotine product” has the same meaning as in s.
19 877.112.
20 (e) “Retail licensure” means any certification,
21 registration, or license that is required for a person, firm,
22 association, or corporation to deal, at retail, with or
23 regarding any tobacco products.
24 (f) “Tobacco products” has the same meaning as in s.
25 569.002.
26 (2) PREEMPTION.—The establishment of the minimum age for
27 the sale and delivery of tobacco products, nicotine products, or
28 nicotine dispensing devices, and the regulation of the marketing
29 of such products, is preempted to the state. Nothing in this
30 section shall be construed to affect a local government’s
31 ability to require retail licensure for the sale of tobacco
32 products.
33 Section 3. Present paragraphs (b) through (f) of subsection
34 (1) of section 210.095, Florida Statutes, are redesignated as
35 paragraphs (a) through (e), respectively, a new paragraph (f) is
36 added to that section, and present paragraph (a) of subsection
37 (1), paragraph (c) of subsection (2), paragraph (a) of
38 subsection (3), paragraph (a) of subsection (4), subsection (5),
39 and paragraphs (a), (b), (e), and (g) of subsection (8) of that
40 section are amended, to read:
41 210.095 Mail order, Internet, and remote sales of tobacco
42 products; age verification.—
43 (1) For purposes of this section, the term:
44 (a) “Adult” means an individual who is at least of the
45 legal minimum purchase age for tobacco products.
46 (f) “The minimum age for purchase” means 21 years of age.
47 (2)
48 (c) A person may not make a delivery sale of tobacco
49 products to any individual who is not the minimum age for
50 purchase an adult.
51 (3) A person may not mail, ship, or otherwise deliver
52 tobacco products in connection with an order for a delivery sale
53 unless, before the first delivery to the consumer, the person
54 accepting the order for the delivery sale:
55 (a) Obtains from the individual submitting the order a
56 certification that includes:
57 1. Reliable confirmation that the individual is the minimum
58 age for purchase an adult; and
59 2. A statement signed by the individual in writing and
60 under penalty of perjury which:
61 a. Certifies the address and date of birth of the
62 individual; and
63 b. Confirms that the individual wants to receive delivery
64 sales from a tobacco company and understands that, under the
65 laws of this state, the following actions are illegal:
66 (I) Signing another individual’s name to the certification;
67 (II) Selling tobacco products to individuals under the
68 legal minimum purchase age; and
69 (III) Purchasing tobacco products, if the person making the
70 purchase is under the legal minimum purchase age.
71
72 In addition to the requirements of this subsection, a person
73 accepting an order for a delivery sale may request that a
74 consumer provide an electronic mail address.
75 (4) The notice described in paragraph (3)(c) must include
76 prominent and clearly legible statements that sales of tobacco
77 products are:
78 (a) Illegal if made to individuals who are not the minimum
79 age for purchase adults.
80
81 The notice must include an explanation of how each tax has been,
82 or is to be, paid with respect to the delivery sale.
83 (5) Each person who mails, ships, or otherwise delivers
84 tobacco products in connection with an order for a delivery sale
85 must:
86 (a) Include as part of the shipping documents, in a clear
87 and conspicuous manner, the following statement: “Tobacco
88 Products: Florida law prohibits shipping to individuals under 21
89 18 years of age and requires the payment of all applicable
90 taxes.”
91 (b) Use a method of mailing, shipping, or delivery which
92 obligates the delivery service to require:
93 1. The individual submitting the order for the delivery
94 sale or another individual who is the minimum age for purchase
95 adult who resides at the individual’s address to sign his or her
96 name to accept delivery of the shipping container. Proof of the
97 legal minimum purchase age of the individual accepting delivery
98 is required only if the individual appears to be under 27 years
99 of age.
100 2. Proof that the individual is either the addressee or the
101 individual who is the minimum age for purchase adult designated
102 by the addressee, in the form of a valid, government-issued
103 identification card bearing a photograph of the individual who
104 signs to accept delivery of the shipping container.
105 (c) Provide to the delivery service, if such service is
106 used, evidence of full compliance with subsection (7).
107
108 If the person accepting a purchase order for a delivery sale
109 delivers the tobacco products without using a delivery service,
110 the person must comply with all of the requirements of this
111 section which apply to a delivery service. Any failure to comply
112 with a requirement of this section constitutes a violation
113 thereof.
114 (8)(a) Except as otherwise provided in this section, a
115 violation of this section by a person other than an individual
116 who is not the minimum age for purchase an adult is a
117 misdemeanor of the first degree, punishable as provided in s.
118 775.082 or s. 775.083, and:
119 1. For a first violation of this section, the person shall
120 be fined $1,000 or five times the retail value of the tobacco
121 products involved in the violation, whichever is greater.
122 2. For a second or subsequent violation of this section,
123 the person shall be fined $5,000 or five times the retail value
124 of the tobacco products involved in the violation, whichever is
125 greater.
126 (b) A person who is the minimum age for purchase an adult
127 and knowingly submits a false certification under subsection (3)
128 commits a misdemeanor of the first degree, punishable as
129 provided in s. 775.082 or s. 775.083. For each offense, the
130 person shall be fined $10,000 or five times the retail value of
131 the tobacco products involved in the violation, whichever is
132 greater.
133 (e) A person who, in connection with a delivery sale,
134 delivers tobacco products on behalf of a delivery service to an
135 individual who is not the minimum age for purchase an adult
136 commits a misdemeanor of the third degree, punishable as
137 provided in s. 775.082 or s. 775.083.
138 (g) An individual who is not the minimum age for purchase
139 an adult and who knowingly violates any provision of this
140 section commits a misdemeanor of the third degree, punishable as
141 provided in s. 775.082 or s. 775.083.
142 Section 4. Subsection (1) of section 386.212, Florida
143 Statutes, is amended to read:
144 386.212 Smoking prohibited near school property; penalty.—
145 (1) It is unlawful for any person under 21 18 years of age
146 to smoke tobacco in, on, or within 1,000 feet of the real
147 property comprising a public or private elementary, middle, or
148 secondary school between the hours of 6 a.m. and midnight. This
149 section does not apply to any person occupying a moving vehicle
150 or within a private residence.
151 Section 5. Present subsections (3) through (7) of section
152 569.002, Florida Statutes, are redesignated as subsections (4)
153 through (8), respectively, a new subsection (3) is added to that
154 section, and present subsection (7) is amended, to read:
155 569.002 Definitions.—As used in this chapter, the term:
156 (3) “The minimum age for purchase” means 21 years of age.
157 (8)(7) “Any person under the minimum age of purchase 18”
158 does not include any person under the minimum age of purchase 18
159 who:
160 (a) Has had his or her disability of nonage removed under
161 chapter 743;
162 (a)(b) Is in the military reserve or on active duty in the
163 Armed Forces of the United States; or
164 (c) Is otherwise emancipated by a court of competent
165 jurisdiction and released from parental care and responsibility;
166 or
167 (b)(d) Is acting in his or her scope of lawful employment
168 with an entity licensed under the provisions of chapter 210 or
169 this chapter.
170 Section 6. Subsections (1) and (2) of section 569.007,
171 Florida Statutes, are amended to read:
172 569.007 Sale or delivery of tobacco products;
173 restrictions.—
174 (1) In order to prevent persons under the minimum age of
175 purchase 18 years of age from purchasing or receiving tobacco
176 products, the sale or delivery of tobacco products is
177 prohibited, except:
178 (a) When under the direct control or line of sight of the
179 dealer or the dealer’s agent or employee; or
180 (b) Sales from a vending machine are prohibited under the
181 provisions of paragraph (1)(a) and are only permissible from a
182 machine that is equipped with an operational lockout device
183 which is under the control of the dealer or the dealer’s agent
184 or employee who directly regulates the sale of items through the
185 machine by triggering the lockout device to allow the dispensing
186 of one tobacco product. The lockout device must include a
187 mechanism to prevent the machine from functioning if the power
188 source for the lockout device fails or if the lockout device is
189 disabled, and a mechanism to ensure that only one tobacco
190 product is dispensed at a time.
191 (2) The provisions of subsection (1) shall not apply to an
192 establishment that prohibits persons under 21 18 years of age on
193 the licensed premises.
194 Section 7. Section 569.0075, Florida Statutes, is amended
195 to read:
196 569.0075 Gift of sample tobacco products prohibited.—The
197 gift of sample tobacco products to any person under the minimum
198 age for purchase age of 18 by an entity licensed or permitted
199 under the provisions of chapter 210 or this chapter, or by an
200 employee of such entity, is prohibited and is punishable as
201 provided in s. 569.101.
202 Section 8. Subsections (1), (2), and (3) of section
203 569.008, Florida Statutes, are amended to read:
204 569.008 Responsible retail tobacco products dealers;
205 qualifications; mitigation of disciplinary penalties; diligent
206 management and supervision; presumption.—
207 (1) The Legislature intends to prevent the sale of tobacco
208 products to persons under the minimum age for purchase 18 years
209 of age and to encourage retail tobacco products dealers to
210 comply with responsible practices in accordance with this
211 section.
212 (2) To qualify as a responsible retail tobacco products
213 dealer, the dealer must establish and implement procedures
214 designed to ensure that the dealer’s employees comply with the
215 provisions of this chapter. The dealer must provide a training
216 program for the dealer’s employees which addresses the use and
217 sale of tobacco products and which includes at least the
218 following topics:
219 (a) Laws covering the sale of tobacco products.
220 (b) Methods of recognizing and handling customers under the
221 minimum age for purchase 18 years of age.
222 (c) Procedures for proper examination of identification
223 cards in order to verify that customers are not under the
224 minimum age for purchase 18 years of age.
225 (d) The use of the age audit identification function on
226 electronic point-of-sale equipment, where available.
227 (3) In determining penalties under s. 569.006, the division
228 may mitigate penalties imposed against a dealer because of an
229 employee’s illegal sale of a tobacco product to a person under
230 the minimum age for purchase 18 years of age if the following
231 conditions are met:
232 (a) The dealer is qualified as a responsible dealer under
233 this section.
234 (b) The dealer provided the training program required under
235 subsection (2) to that employee before the illegal sale
236 occurred.
237 (c) The dealer had no knowledge of that employee’s
238 violation at the time of the violation and did not direct,
239 approve, or participate in the violation.
240 (d) If the sale was made through a vending machine, the
241 machine was equipped with an operational lock-out device.
242 Section 9. Section 569.101, Florida Statutes, is amended to
243 read:
244 569.101 Selling, delivering, bartering, furnishing, or
245 giving tobacco products to persons under the minimum age for
246 purchase 18 years of age; criminal penalties; defense.—
247 (1) It is unlawful to sell, deliver, barter, furnish, or
248 give, directly or indirectly, to any person who is under the
249 minimum age for purchase 18 years of age, any tobacco product.
250 (2) Any person who violates subsection (1) commits a
251 misdemeanor of the second degree, punishable as provided in s.
252 775.082 or s. 775.083. However, any person who violates
253 subsection (1) for a second or subsequent time within 1 year of
254 the first violation, commits a misdemeanor of the first degree,
255 punishable as provided in s. 775.082 or s. 775.083.
256 (3) A person charged with a violation of subsection (1) has
257 a complete defense if, at the time the tobacco product was sold,
258 delivered, bartered, furnished, or given:
259 (a) The buyer or recipient falsely evidenced that she or he
260 was the minimum age for purchase 18 years of age or older;
261 (b) The appearance of the buyer or recipient was such that
262 a prudent person would believe the buyer or recipient to be the
263 minimum age for purchase 18 years of age or older; and
264 (c) Such person carefully checked a driver license or an
265 identification card issued by this state or another state of the
266 United States, a passport, or a United States armed services
267 identification card presented by the buyer or recipient and
268 acted in good faith and in reliance upon the representation and
269 appearance of the buyer or recipient in the belief that the
270 buyer or recipient was the minimum age for purchase 18 years of
271 age or older.
272 Section 10. Section 569.11, Florida Statutes, is amended to
273 read:
274 569.11 Possession, Misrepresenting age or military service
275 to purchase, and purchase of tobacco products by persons under
276 the minimum age for purchase 18 years of age prohibited;
277 penalties; jurisdiction; disposition of fines.—
278 (1) It is unlawful for any person under the minimum age for
279 purchase 18 years of age to knowingly possess any tobacco
280 product. Any person under the minimum age for purchase 18 years
281 of age who violates the provisions of this subsection commits a
282 noncriminal violation as provided in s. 775.08(3), punishable
283 by:
284 (a) For a first violation, 16 hours of community service
285 or, instead of community service, a $25 fine. In addition, the
286 person must attend a school-approved anti-tobacco program, if
287 locally available;
288 (b) For a second violation within 12 weeks of the first
289 violation, a $25 fine; or
290 (c) For a third or subsequent violation within 12 weeks of
291 the first violation, the court must direct the Department of
292 Highway Safety and Motor Vehicles to withhold issuance of or
293 suspend or revoke the person’s driver license or driving
294 privilege, as provided in s. 322.056.
295
296 Any second or subsequent violation not within the 12-week time
297 period after the first violation is punishable as provided for a
298 first violation.
299 (2) It is unlawful for any person under the minimum age for
300 purchase 18 years of age to misrepresent his or her age or
301 military service for the purpose of inducing a dealer or an
302 agent or employee of the dealer to sell, give, barter, furnish,
303 or deliver any tobacco product, or to purchase, or attempt to
304 purchase, any tobacco product from a person or a vending
305 machine. Any person under the minimum age for purchase 18 years
306 of age who violates a provision of this subsection commits a
307 noncriminal violation as provided in s. 775.08(3), punishable
308 by:
309 (a) For a first violation, 16 hours of community service
310 or, instead of community service, a $25 fine and, in addition,
311 the person must attend a school-approved anti-tobacco program,
312 if available;
313 (b) For a second violation within 12 weeks of the first
314 violation, a $25 fine; or
315 (c) For a third or subsequent violation within 12 weeks of
316 the first violation, the court must direct the Department of
317 Highway Safety and Motor Vehicles to withhold issuance of or
318 suspend or revoke the person’s driver license or driving
319 privilege, as provided in s. 322.056.
320
321 Any second or subsequent violation not within the 12-week time
322 period after the first violation is punishable as provided for a
323 first violation.
324 (3) Any person under the minimum age for purchase 18 years
325 of age cited for committing a noncriminal violation under this
326 section must sign and accept a civil citation indicating a
327 promise to appear before the county court or comply with the
328 requirement for paying the fine and must attend a school
329 approved anti-tobacco program, if locally available. If a fine
330 is assessed for a violation of this section, the fine must be
331 paid within 30 days after the date of the citation or, if a
332 court appearance is mandatory, within 30 days after the date of
333 the hearing.
334 (4) A person charged with a noncriminal violation under
335 this section must appear before the county court or comply with
336 the requirement for paying the fine. The court, after a hearing,
337 shall make a determination as to whether the noncriminal
338 violation was committed. If the court finds the violation was
339 committed, it shall impose an appropriate penalty as specified
340 in subsection (1) or subsection (2). A person who participates
341 in community service shall be considered an employee of the
342 state for the purpose of chapter 440, for the duration of such
343 service.
344 (5)(a) If a person under the minimum age for purchase 18
345 years of age is found by the court to have committed a
346 noncriminal violation under this section and that person has
347 failed to complete community service, pay the fine as required
348 by paragraph (1)(a) or paragraph (2)(a), or attend a school
349 approved anti-tobacco program, if locally available, the court
350 must direct the Department of Highway Safety and Motor Vehicles
351 to withhold issuance of or suspend the driver license or driving
352 privilege of that person for a period of 30 consecutive days.
353 (b) If a person under the minimum age for purchase 18 years
354 of age is found by the court to have committed a noncriminal
355 violation under this section and that person has failed to pay
356 the applicable fine as required by paragraph (1)(b) or paragraph
357 (2)(b), the court must direct the Department of Highway Safety
358 and Motor Vehicles to withhold issuance of or suspend the driver
359 license or driving privilege of that person for a period of 45
360 consecutive days.
361 (6) Eighty percent of all civil penalties received by a
362 county court pursuant to this section shall be remitted by the
363 clerk of the court to the Department of Revenue for transfer to
364 the Department of Education to provide for teacher training and
365 for research and evaluation to reduce and prevent the use of
366 tobacco products by children. The remaining 20 percent of civil
367 penalties received by a county court pursuant to this section
368 shall remain with the clerk of the county court to cover
369 administrative costs.
370 Section 11. Paragraph (b) of subsection (2) and subsection
371 (3) of section 569.12, Florida Statutes, are amended to read:
372 569.12 Jurisdiction; tobacco product enforcement officers
373 or agents; enforcement.—
374 (2)
375 (b) A tobacco product enforcement officer is authorized to
376 issue a citation to a person under the minimum age for purchase
377 of 18 when, based upon personal investigation, the officer has
378 reasonable cause to believe that the person has committed a
379 civil infraction in violation of s. 386.212 or s. 569.11.
380 (3) A correctional probation officer as defined in s.
381 943.10(3) is authorized to issue a citation to a person under
382 the minimum age for purchase of 18 when, based upon personal
383 investigation, the officer has reasonable cause to believe that
384 the person has committed a civil infraction in violation of s.
385 569.11.
386 Section 12. Section 569.14, Florida Statutes, is amended to
387 read:
388 569.14 Posting of a sign stating that the sale of tobacco
389 products to persons under the minimum age for purchase 18 years
390 of age is unlawful; enforcement; penalty.—
391 (1) A dealer that sells tobacco products shall post a clear
392 and conspicuous sign in each place of business where such
393 products are sold which substantially states the following:
394
395 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
396 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
397 REQUIRED FOR PURCHASE.
398
399 (2) A dealer that sells tobacco products and nicotine
400 products or nicotine dispensing devices, as defined in s.
401 877.112, may use a sign that substantially states the following:
402
403 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
404 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
405 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
406 REQUIRED FOR PURCHASE.
407
408 A dealer that uses a sign as described in this subsection meets
409 the signage requirements of subsection (1) and s. 877.112.
410 (3) The division shall make available to dealers of tobacco
411 products signs that meet the requirements of subsection (1) or
412 subsection (2).
413 (4) Any dealer that sells tobacco products shall provide at
414 the checkout counter in a location clearly visible to the dealer
415 or the dealer’s agent or employee instructional material in a
416 calendar format or similar format to assist in determining
417 whether a person is of legal age to purchase tobacco products.
418 This point of sale material must contain substantially the
419 following language:
420
421 IF YOU WERE NOT BORN BEFORE THIS DATE
422 (insert date and applicable year)
423 YOU CANNOT BE SOLD BUY TOBACCO PRODUCTS.
424
425 Upon approval by the division, in lieu of a calendar a dealer
426 may use card readers, scanners, or other electronic or automated
427 systems that can verify whether a person is of legal age to
428 purchase tobacco products. Failure to comply with the provisions
429 contained in this subsection shall result in imposition of
430 administrative penalties as provided in s. 569.006.
431 (5) The division, through its agents and inspectors, shall
432 enforce this section.
433 (6) Any person who fails to comply with subsection (1) is
434 guilty of a misdemeanor of the second degree, punishable as
435 provided in s. 775.082 or s. 775.083.
436 Section 13. Subsections (3) and (4) of section 569.19,
437 Florida Statutes, are amended to read:
438 569.19 Annual report.—The division shall report annually
439 with written findings to the Legislature and the Governor by
440 December 31, on the progress of implementing the enforcement
441 provisions of this chapter. This must include, but is not
442 limited to:
443 (3) The number of violations for selling tobacco products
444 to persons under the minimum age for purchase 18, and the
445 results of administrative hearings on the above and related
446 issues.
447 (4) The number of persons under the minimum age for
448 purchase 18 cited for violations of s. 569.11 and sanctions
449 imposed as a result of citation.
450 Section 14. Section 877.112, Florida Statutes, is amended
451 to read:
452 877.112 Nicotine products and nicotine dispensing devices;
453 prohibitions for persons under 21 years of age minors;
454 penalties; civil fines; signage requirements; preemption.—
455 (1) DEFINITIONS.—As used in this section, the term:
456 (a) “Any person under 21 years of age” does not include any
457 person under the age of 21 who:
458 1. Is in the military reserve or on active duty in the
459 Armed Forces of the United States; or
460 2. Is acting in his or her scope of lawful employment with
461 an entity that sells, manufactures, or distributes nicotine
462 products or nicotine dispensing devices.
463 (b)(a) “Nicotine dispensing device” means any product that
464 employs an electronic, chemical, or mechanical means to produce
465 vapor from a nicotine product, including, but not limited to, an
466 electronic cigarette, electronic cigar, electronic cigarillo,
467 electronic pipe, or other similar device or product, any
468 replacement cartridge for such device, and any other container
469 of nicotine in a solution or other form intended to be used with
470 or within an electronic cigarette, electronic cigar, electronic
471 cigarillo, electronic pipe, or other similar device or product.
472 (c)(b) “Nicotine product” means any product that contains
473 nicotine, including liquid nicotine, that is intended for human
474 consumption, whether inhaled, chewed, absorbed, dissolved, or
475 ingested by any means, but does not include a:
476 1. Tobacco product, as defined in s. 569.002;
477 2. Product regulated as a drug or device by the United
478 States Food and Drug Administration under Chapter V of the
479 federal Food, Drug, and Cosmetic Act; or
480 3. Product that contains incidental nicotine.
481 (d)(c) “Self-service merchandising” means the open display
482 of nicotine products or nicotine dispensing devices, whether
483 packaged or otherwise, for direct retail customer access and
484 handling before purchase without the intervention or assistance
485 of the retailer or the retailer’s owner, employee, or agent. An
486 open display of such products and devices includes the use of an
487 open display unit.
488 (2) PROHIBITIONS ON SALE TO PERSONS UNDER 21 YEARS OF AGE
489 MINORS.—It is unlawful to sell, deliver, barter, furnish, or
490 give, directly or indirectly, to any person who is under 21 18
491 years of age, any nicotine product or a nicotine dispensing
492 device.
493 (3) PROHIBITIONS ON GIFTING SAMPLES TO PERSONS UNDER 21
494 YEARS OF AGE MINORS.—The gift of a sample nicotine product or
495 nicotine dispensing device to any person under the age of 21 18
496 by a retailer of nicotine products or nicotine dispensing
497 devices, or by an employee of such retailer, is prohibited.
498 (4) PENALTIES.—Any person who violates subsection (2) or
499 subsection (3) commits a misdemeanor of the second degree,
500 punishable as provided in s. 775.082 or s. 775.083. However, any
501 person who violates subsection (2) or subsection (3) for a
502 second or subsequent time within 1 year of the first violation
503 commits a misdemeanor of the first degree, punishable as
504 provided in s. 775.082 or s. 775.083.
505 (5) AFFIRMATIVE DEFENSES.—A person charged with a violation
506 of subsection (2) or subsection (3) has a complete defense if,
507 at the time the nicotine product or nicotine dispensing device
508 was sold, delivered, bartered, furnished, or given:
509 (a) The buyer or recipient falsely evidenced that she or he
510 was 21 18 years of age or older;
511 (b) The appearance of the buyer or recipient was such that
512 a prudent person would believe the buyer or recipient to be 21
513 18 years of age or older; and
514 (c) Such person carefully checked a driver license or an
515 identification card issued by this state or another state of the
516 United States, a passport, or a United States Armed Services
517 identification card presented by the buyer or recipient and
518 acted in good faith and in reliance upon the representation and
519 appearance of the buyer or recipient in the belief that the
520 buyer or recipient was 21 18 years of age or older.
521 (6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR
522 NICOTINE DISPENSING DEVICES BY PERSONS UNDER 21 YEARS OF AGE
523 MINORS.—It is unlawful for any person under 21 18 years of age
524 to knowingly possess any nicotine product or a nicotine
525 dispensing device. Any person under 21 18 years of age who
526 violates this subsection commits a noncriminal violation as
527 defined in s. 775.08(3), punishable by:
528 (a) For a first violation, 16 hours of community service
529 or, instead of community service, a $25 fine. In addition, the
530 person must attend a school-approved anti-tobacco and nicotine
531 program, if locally available;
532 (b) For a second violation within 12 weeks of the first
533 violation, a $25 fine; or
534 (c) For a third or subsequent violation within 12 weeks of
535 the first violation, the court must direct the Department of
536 Highway Safety and Motor Vehicles to withhold issuance of or
537 suspend or revoke the person’s driver license or driving
538 privilege, as provided in s. 322.056.
539
540 Any second or subsequent violation not within the 12-week time
541 period after the first violation is punishable as provided for a
542 first violation.
543 (7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for
544 any person under 21 18 years of age to misrepresent his or her
545 age or military service for the purpose of inducing a retailer
546 of nicotine products or nicotine dispensing devices or an agent
547 or employee of such retailer to sell, give, barter, furnish, or
548 deliver any nicotine product or nicotine dispensing device, or
549 to purchase, or attempt to purchase, any nicotine product or
550 nicotine dispensing device from a person or a vending machine.
551 Any person under 21 18 years of age who violates this subsection
552 commits a noncriminal violation as defined in s. 775.08(3),
553 punishable by:
554 (a) For a first violation, 16 hours of community service
555 or, instead of community service, a $25 fine and, in addition,
556 the person must attend a school-approved anti-tobacco and
557 nicotine program, if available;
558 (b) For a second violation within 12 weeks of the first
559 violation, a $25 fine; or
560 (c) For a third or subsequent violation within 12 weeks of
561 the first violation, the court must direct the Department of
562 Highway Safety and Motor Vehicles to withhold issuance of or
563 suspend or revoke the person’s driver license or driving
564 privilege, as provided in s. 322.056.
565
566 Any second or subsequent violation not within the 12-week time
567 period after the first violation is punishable as provided for a
568 first violation.
569 (8) PENALTIES FOR PERSONS UNDER 21 YEARS OF AGE MINORS.—
570 (a) A person under 21 18 years of age cited for committing
571 a noncriminal violation under this section must sign and accept
572 a civil citation indicating a promise to appear before the
573 county court or comply with the requirement for paying the fine
574 and must attend a school-approved anti-tobacco and nicotine
575 program, if locally available. If a fine is assessed for a
576 violation of this section, the fine must be paid within 30 days
577 after the date of the citation or, if a court appearance is
578 mandatory, within 30 days after the date of the hearing.
579 (b) A person charged with a noncriminal violation under
580 this section must appear before the county court or comply with
581 the requirement for paying the fine. The court, after a hearing,
582 shall make a determination as to whether the noncriminal
583 violation was committed. If the court finds the violation was
584 committed, it shall impose an appropriate penalty as specified
585 in subsection (6) or subsection (7). A person who participates
586 in community service shall be considered an employee of the
587 state for the purpose of chapter 440, for the duration of such
588 service.
589 (c) If a person under 21 18 years of age is found by the
590 court to have committed a noncriminal violation under this
591 section and that person has failed to complete community
592 service, pay the fine as required by paragraph (6)(a) or
593 paragraph (7)(a), or attend a school-approved anti-tobacco and
594 nicotine program, if locally available, the court must direct
595 the Department of Highway Safety and Motor Vehicles to withhold
596 issuance of or suspend the driver license or driving privilege
597 of that person for 30 consecutive days.
598 (d) If a person under 21 18 years of age is found by the
599 court to have committed a noncriminal violation under this
600 section and that person has failed to pay the applicable fine as
601 required by paragraph (6)(b) or paragraph (7)(b), the court must
602 direct the Department of Highway Safety and Motor Vehicles to
603 withhold issuance of or suspend the driver license or driving
604 privilege of that person for 45 consecutive days.
605 (9) DISTRIBUTION OF CIVIL FINES.—Eighty percent of all
606 civil penalties received by a county court pursuant to
607 subsections (6) and (7) shall be remitted by the clerk of the
608 court to the Department of Revenue for transfer to the
609 Department of Education to provide for teacher training and for
610 research and evaluation to reduce and prevent the use of tobacco
611 products, nicotine products, or nicotine dispensing devices by
612 children. The remaining 20 percent of civil penalties received
613 by a county court pursuant to this section shall remain with the
614 clerk of the county court to cover administrative costs.
615 (10) SIGNAGE REQUIREMENTS FOR RETAILERS OF NICOTINE
616 PRODUCTS AND NICOTINE DISPENSING DEVICES.—
617 (a) Any retailer that sells nicotine products or nicotine
618 dispensing devices shall post a clear and conspicuous sign in
619 each place of business where such products are sold which
620 substantially states the following:
621
622 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
623 DEVICES TO PERSONS UNDER THE AGE OF 21 18 IS AGAINST
624 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
625
626 (b) A retailer that sells nicotine products or nicotine
627 dispensing devices shall provide at the checkout counter in a
628 location clearly visible to the retailer or the retailer’s agent
629 or employee instructional material in a calendar format or
630 similar format to assist in determining whether a person is of
631 legal age to purchase nicotine products or nicotine dispensing
632 devices. This point of sale material must contain substantially
633 the following language:
634
635 IF YOU WERE NOT BORN BEFORE THIS DATE
636 (insert date and applicable year)
637 YOU CANNOT BUY NICOTINE PRODUCTS OR
638 NICOTINE DISPENSING DEVICES.
639
640 In lieu of a calendar a retailer may use card readers, scanners,
641 or other electronic or automated systems that can verify whether
642 a person is of legal age to purchase nicotine products or
643 nicotine dispensing devices.
644 (11) SELF-SERVICE MERCHANDISING PROHIBITED.—
645 (a) A retailer that sells nicotine products or nicotine
646 dispensing devices may not sell, permit to be sold, offer for
647 sale, or display for sale such products or devices by means of
648 self-service merchandising.
649 (b) A retailer that sells nicotine products or nicotine
650 dispensing devices may not place such products or devices in an
651 open display unit unless the unit is located in an area that is
652 inaccessible to customers.
653 (c) Paragraphs (a) and (b) do not apply to an establishment
654 that prohibits persons under 21 18 years of age on the premises.
655 (12) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS
656 OR NICOTINE DISPENSING DEVICES.—
657 (a) In order to prevent persons under 21 18 years of age
658 from purchasing or receiving nicotine products or nicotine
659 dispensing devices, the sale or delivery of such products or
660 devices is prohibited, except:
661 1. When under the direct control, or line of sight where
662 effective control may be reasonably maintained, of the retailer
663 of nicotine products or nicotine dispensing devices or such
664 retailer’s agent or employee; or
665 2. Sales from a vending machine are prohibited under
666 subparagraph 1. and are only permissible from a machine that is
667 equipped with an operational lockout device which is under the
668 control of the retailer of nicotine products or nicotine
669 dispensing devices or such retailer’s agent or employee who
670 directly regulates the sale of items through the machine by
671 triggering the lockout device to allow the dispensing of one
672 nicotine product or nicotine dispensing device. The lockout
673 device must include a mechanism to prevent the machine from
674 functioning, if the power source for the lockout device fails or
675 if the lockout device is disabled, and a mechanism to ensure
676 that only one nicotine product or nicotine dispensing device is
677 dispensed at a time.
678 (b) Paragraph (a) does not apply to an establishment that
679 prohibits persons under 21 18 years of age on the premises.
680 (c) A retailer of nicotine products or nicotine dispensing
681 devices or such retailer’s agent or employee may require proof
682 of age of a purchaser of such products or devices before selling
683 the product or device to that person.
684
685 ================= T I T L E A M E N D M E N T ================
686 And the title is amended as follows:
687 Delete lines 2 - 53
688 and insert:
689 An act relating to tobacco and nicotine products;
690 providing a short title; creating s. 163.085, F.S.;
691 defining terms; preempting the establishment of the
692 minimum age for the sale or delivery of tobacco
693 products, nicotine products, or nicotine dispensing
694 devices to the state; providing exceptions; amending
695 s. 210.095, F.S.; deleting the definition of the term
696 “adult”; defining the term “the minimum age for
697 purchase”; conforming provisions to changes made by
698 the act; amending s. 386.212, F.S.; revising the age
699 under which it is unlawful to smoke in, on, or near
700 school property; amending s. 569.002, F.S.; defining
701 the terms “the minimum age for purchase” and “any
702 person under the minimum age for purchase”; replacing
703 the term “any person under the age of 18” with “any
704 person under the minimum age for purchase”; amending
705 s. 569.007, F.S.; providing that it is unlawful to
706 sell or deliver tobacco products to persons under the
707 minimum age for purchase; providing an exception;
708 amending s. 569.0075, F.S.; revising the age under
709 which the gift of tobacco products to a person by
710 certain entities is prohibited; amending s. 569.008,
711 F.S.; revising legislative intent to reflect that the
712 Legislature intends to prevent the sale of tobacco
713 products to persons under a specified age; conforming
714 provisions to changes made by the act; amending s.
715 569.101, F.S.; revising the age limitation that
716 applies to the sale, delivery, bartering, furnishing,
717 or giving of tobacco products; conforming provisions
718 to changes made by the act; amending s. 569.11, F.S.;
719 revising the age limitation that applies to possessing
720 tobacco products; revising the age limitation that
721 applies to unlawful misrepresentation of age or
722 military service for certain purposes; conforming
723 provisions to changes made by the act; amending ss.
724 569.12, 569.14, and 569.19, F.S.; conforming
725 provisions to changes made by the act; amending s.
726 877.112, F.S.; defining the term “any person under 21
727 years of age”; revising the age limitations relating
728 to nicotine products and nicotine dispensing devices;
729 conforming provisions to changes made by the act;
730 providing an
