Bill Text: FL S1080 | 2021 | Regular Session | Enrolled
Bill Title: Tobacco and Nicotine Products
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-05-11 - Chapter No. 2021-14 [S1080 Detail]
Download: Florida-2021-S1080-Enrolled.html
ENROLLED 2021 Legislature CS for CS for SB 1080, 1st Engrossed 20211080er 1 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. 210.15, F.S.; requiring permits 7 to be issued to persons or corporations whose officers 8 are not under 21 years of age; amending s. 386.212, 9 F.S.; providing that it is unlawful for persons under 10 21 years of age to smoke tobacco or vape in, on, or 11 within 1,000 feet of the real property comprising a 12 public or private elementary, middle, or secondary 13 school during specified hours; renaming ch. 569, F.S.; 14 providing directives to the Division of Law Revision; 15 amending s. 569.002, F.S.; defining the terms 16 “nicotine product” and “nicotine dispensing device”; 17 conforming provisions to changes made by the act; 18 creating s. 569.0025, F.S.; preempting the 19 establishment of the minimum age for purchasing and 20 possessing, and the regulation for the marketing, 21 sale, or delivery of, tobacco products to the state; 22 amending ss. 569.003, 569.004, and 569.006, F.S.; 23 conforming provisions to changes made by the act; 24 amending s. 569.007, F.S.; revising age limitations 25 relating to the sale and delivery of tobacco products; 26 requiring proof of age for certain purchases of 27 tobacco products; revising applicability; amending s. 28 569.0075, F.S.; revising age limitations relating to 29 gifting sample tobacco products; amending s. 569.008, 30 F.S.; revising legislative intent; revising 31 qualification requirements for responsible retail 32 tobacco products dealers; conforming provisions to 33 changes made by the act; amending s. 569.009, F.S.; 34 conforming a provision to changes made by the act; 35 amending s. 569.101, F.S.; revising age limitations 36 relating to selling, delivering, bartering, 37 furnishing, or giving tobacco products to certain 38 persons; amending s. 569.11, F.S.; revising age 39 limitations relating to possessing and obtaining 40 tobacco products; amending s. 569.12, F.S.; expanding 41 the authority of tobacco product enforcement officers 42 to include nicotine products; amending s. 569.14, 43 F.S.; revising requirements for signage relating to 44 tobacco products, nicotine products, and nicotine 45 dispensing devices; conforming provisions to changes 46 made by the act; amending s. 569.19, F.S.; conforming 47 provisions to changes made by the act; creating s. 48 569.31, F.S.; defining terms; creating s. 569.315, 49 F.S.; preempting the establishment of the minimum age 50 for purchasing and possessing, and the regulation for 51 the marketing, sale, or delivery of, nicotine products 52 to the state; creating s. 569.32, F.S.; requiring 53 retail nicotine product dealers to acquire a permit; 54 providing requirements and authorizations for such 55 permit; creating s. 569.33, F.S.; specifying that an 56 applicant for a retail nicotine products dealer permit 57 consents to certain inspections and searches upon 58 accepting such permit; creating s. 569.34, F.S.; 59 prohibiting certain persons, firms, associations, or 60 corporations from operating without a permit; 61 providing civil penalties; creating s. 569.35, F.S.; 62 providing administrative penalties for retail nicotine 63 product dealers under certain circumstances; requiring 64 the Division of Alcoholic Beverages and Tobacco to 65 deposit funds collected from administrative fines into 66 the General Revenue Fund; creating s. 569.37, F.S.; 67 providing restrictions on the sale or delivery of 68 nicotine products; creating s. 569.38, F.S.; 69 prohibiting certain persons from gifting sample 70 nicotine products to persons under a specified age; 71 creating s. 569.381, F.S.; providing legislative 72 intent; providing requirements for a dealer to qualify 73 as a responsible retail nicotine products dealer; 74 authorizing the division to mitigate certain 75 penalties; requiring the division to develop and make 76 available a nicotine products training program; 77 requiring dealers to exercise diligence in the 78 management and supervision of their premises and the 79 supervision and training of certain persons; creating 80 s. 569.39, F.S.; requiring the division to adopt 81 rules; creating ss. 569.41 and 569.42, F.S.; providing 82 civil and criminal penalties relating to selling, 83 delivering, bartering, furnishing, or giving nicotine 84 products to certain persons and possessing and 85 acquiring nicotine products, respectively; creating s. 86 569.43, F.S.; providing signage requirements relating 87 to the sale of nicotine products or nicotine 88 dispensing devices; providing criminal penalties; 89 creating s. 569.44, F.S.; requiring the division to 90 provide an annual report containing specified 91 information to the Governor and the Legislature; 92 creating s. 569.45, F.S.; defining terms; providing 93 requirements for mail order, Internet, and remote 94 sales of nicotine products; providing applicability; 95 providing criminal penalties; repealing s. 877.112, 96 F.S., relating to nicotine products and nicotine 97 dispensing devices; providing an effective date. 98 99 Be It Enacted by the Legislature of the State of Florida: 100 101 Section 1. Paragraph (a) of subsection (1), paragraphs (a) 102 and (c) of subsection (2), paragraph (a) of subsection (3), 103 paragraph (a) of subsection (4), paragraphs (a) and (b) of 104 subsection (5), and paragraphs (a), (b), (e), and (g) of 105 subsection (8) of section 210.095, Florida Statutes, are amended 106 to read: 107 210.095 Mail order, Internet, and remote sales of tobacco 108 products; age verification.— 109 (1) For purposes of this section, the term: 110(a) “Adult” means an individual who is at least of the111legal minimum purchase age for tobacco products.112 (2) 113 (a) A sale of tobacco products constituting a delivery sale 114 pursuant to paragraph (1)(b)(1)(c)is a delivery sale 115 regardless of whether the person accepting the order for the 116 delivery sale is located inside or outside this state. 117 (c) A person may not make a delivery sale of tobacco 118 products to any individual who is not 21 years of age or older 119an adult. 120 (3) A person may not mail, ship, or otherwise deliver 121 tobacco products in connection with an order for a delivery sale 122 unless, before the first delivery to the consumer, the person 123 accepting the order for the delivery sale: 124 (a) Obtains from the individual submitting the order a 125 certification that includes: 126 1. Reliable confirmation that the individual is 21 years of 127 age or olderan adult; and 128 2. A statement signed by the individual in writing and 129 under penalty of perjury which: 130 a. Certifies the address and date of birth of the 131 individual; and 132 b. Confirms that the individual wants to receive delivery 133 sales from a tobacco company and understands that, under the 134 laws of this state, the following actions are illegal: 135 (I) Signing another individual’s name to the 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 the 139 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 olderadults. 149 150 The notice must include an explanation of how each tax has been, 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 15818years 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 olderadult164 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 3027years 168 of age. 169 2. Proof that the individual is either the addressee or the 170 individual who is 21 years of age or olderadultdesignated by 171 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 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 olderan adultis 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 olderan adultand 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, 201 delivers tobacco products on behalf of a delivery service to an 202 individual who is not 21 years of age or olderan adultcommits 203 a misdemeanor of the secondthirddegree, punishable as provided 204 in s. 775.082 or s. 775.083. 205 (g) An individual who is not 21 years of age or olderan206adultand who knowingly violates any provision of this section 207 commits a misdemeanor of the secondthirddegree, punishable as 208 provided in s. 775.082 or s. 775.083. 209 Section 2. Paragraph (b) of subsection (1) of section 210 210.15, Florida Statutes, is amended to read: 211 210.15 Permits.— 212 (1) 213 (b) Permits shall be issued only to persons of good moral 214 character who are not less than 2118years of age. Permits to 215 corporations shall be issued only to corporations whose officers 216 are of good moral character and not less than 2118years of 217 age. There shall be no exemptions from the permit fees herein 218 provided to any persons, association of persons, or corporation, 219 any law to the contrary notwithstanding. 220 Section 3. Subsection (1) of section 386.212, Florida 221 Statutes, is amended to read: 222 386.212 Smoking and vaping prohibited near school property; 223 penalty.— 224 (1) It is unlawful for any person under 2118years of age 225 to smoke tobacco or vape in, on, or within 1,000 feet of the 226 real property comprising a public or private elementary, middle, 227 or secondary school between the hours of 6 a.m. and midnight. 228 This section does not apply to any person occupying a moving 229 vehicle or within a private residence. 230 Section 4. Chapter 569, Florida Statutes, entitled “Tobacco 231 Products,” is renamed “Tobacco and Nicotine Products.” 232 Section 5. The Division of Law Revision is directed to: 233 (1) Create part I of chapter 569, Florida Statutes, 234 consisting of ss. 569.002-569.23, Florida Statutes, to be 235 entitled “Tobacco Products.” 236 (2) Create part II of chapter 569, Florida Statutes, 237 consisting of ss. 569.31-569.45, Florida Statutes, to be 238 entitled “Nicotine Products.” 239 Section 6. Section 569.002, Florida Statutes, is amended to 240 read: 241 569.002 Definitions.—As used in this partchapter, the 242 term: 243 (1) “Dealer” is synonymous with the term “retail tobacco 244 products dealer.” 245 (2) “Division” means the Division of Alcoholic Beverages 246 and Tobacco of the Department of Business and Professional 247 Regulation. 248 (3) “Nicotine product” has the same meaning as provided in 249 s. 569.31(4). 250 (4) “Nicotine dispensing device” has the same meaning as 251 provided in s. 569.31(3). 252 (5) “Permit” is synonymous with the term “retail tobacco 253 products dealer permit.” 254 (6)(4)“Retail tobacco products dealer” means the holder of 255 a retail tobacco products dealer permit. 256 (7)(5)“Retail tobacco products dealer permit” means a 257 permit issued by the division pursuant to s. 569.003. 258 (8)(6)“Tobacco products” includes loose tobacco leaves, 259 and products made from tobacco leaves, in whole or in part, and 260 cigarette wrappers, which can be used for smoking, sniffing, or 261 chewing. 262 (9)(7)“Any person under the age of 2118” does not include 263 any person under the age of 2118who: 264 (a)Has had his or her disability of nonage removed under265chapter 743;266(b)Is in the military reserve or on active duty in the 267 Armed Forces of the United States; 268(c) Is otherwise emancipated by a court of competent269jurisdiction and released from parental care and responsibility; 270 or 271 (b)(d)Is acting in his or her scope of lawful employment 272 with an entity licensed under the provisions of chapter 210 or 273 this partchapter. 274 Section 7. Section 569.0025, Florida Statutes, is created 275 to read: 276 569.0025 Preemption.—The establishment of the minimum age 277 for purchasing or possessing, and the regulation for the 278 marketing, sale, or delivery of, tobacco products is preempted 279 to the state. 280 Section 8. Paragraph (c) of subsection (1) and paragraph 281 (a) of subsection (2) of section 569.003, Florida Statutes, are 282 amended to read: 283 569.003 Retail tobacco products dealer permits; 284 application; qualifications; fees; renewal; duplicates.— 285 (1) 286 (c) Permits shall be issued annually, upon payment of the 287 annual permit fee prescribed by the division. The division shall 288 fix the fee in an amount sufficient to meet the costs incurred 289 by it in carrying out its permitting, enforcement, and 290 administrative responsibilities under this partchapter, but the 291 fee may not exceed $50. The proceeds of the fee shall be 292 deposited into the Alcoholic Beverage and Tobacco Trust Fund. 293 (2)(a) Permits may be issued only to persons who are 2118294 years of age or older or to corporations the officers of which 295 are 2118years of age or older. 296 Section 9. Section 569.004, Florida Statutes, is amended to 297 read: 298 569.004 Consent to inspection and search without warrant. 299 An applicant for a permit, by accepting the permit when issued, 300 agrees that the place or premises covered by the permit is 301 subject to inspection and search without a search warrant by the 302 division or its authorized assistants, and by sheriffs, deputy 303 sheriffs, or police officers, to determine compliance with this 304 chapter, including part II of this chapter if the applicant 305 deals, at retail, in nicotine products within the state or 306 allows a nicotine products vending machine to be located on its 307 premises within the state. 308 Section 10. Section 569.006, Florida Statutes, is amended 309 to read: 310 569.006 Retail tobacco products dealers; administrative 311 penalties.—The division may suspend or revoke the permit of the 312 dealer upon sufficient cause appearing of the violation of any 313 of the provisions of this chapter, including part II of this 314 chapter if the dealer deals, at retail, in nicotine products 315 within the state or allows a nicotine products vending machine 316 to be located on its premises within the state, by a dealer or 317 by a dealer’s agent or employee. The division may also assess 318 and accept administrative fines of up to $1,000 against a dealer 319 for each violation. The division shall deposit all fines 320 collected into the General Revenue Fund as collected. An order 321 imposing an administrative fine becomes effective 15 days after 322 the date of the order. The division may suspend the imposition 323 of a penalty against a dealer, conditioned upon the dealer’s 324 compliance with terms the division considers appropriate. 325 Section 11. Subsections (1), (2), and (4) of section 326 569.007, Florida Statutes, are amended to read: 327 569.007 Sale or delivery of tobacco products; 328 restrictions.— 329 (1) In order to prevent persons under 2118years of age 330 from purchasing or receiving tobacco products, the sale or 331 delivery of tobacco products is prohibited, except: 332 (a) When under the direct control or line of sight of the 333 dealer or the dealer’s agent or employee; or 334 (b) Sales from a vending machine are prohibited under the 335 provisions of paragraph (1)(a) and are only permissible from a 336 machine that is equipped with an operational lockout device 337 which is under the control of the dealer or the dealer’s agent 338 or employee who directly regulates the sale of items through the 339 machine by triggering the lockout device to allow the dispensing 340 of one tobacco product. The lockout device must include a 341 mechanism to prevent the machine from functioning if the power 342 source for the lockout device fails or if the lockout device is 343 disabled, and a mechanism to ensure that only one tobacco 344 product is dispensed at a time. 345 (2) The provisions of subsection (1) shall not apply to an 346 establishment that prohibits persons under 2118years of age on 347 the licensed premises. 348 (4) A dealer or a dealer’s agent or employee mustmay349 require proof of age of a purchaser of a tobacco product before 350 selling the product to that person, unless the purchaser appears 351 to be 30 years of age or older. 352 Section 12. Section 569.0075, Florida Statutes, is amended 353 to read: 354 569.0075 Gift of sample tobacco products prohibited.—The 355 gift of sample tobacco products to any person under the age of 356 2118by an entity licensed or permitted under the provisions of 357 chapter 210 or this partchapter, or by an employee of such 358 entity, is prohibited and is punishable as provided in s. 359 569.101. 360 Section 13. Subsection (1), paragraphs (b) and (c) of 361 subsection (2), and subsection (3) of section 569.008, Florida 362 Statutes, are amended to read: 363 569.008 Responsible retail tobacco products dealers; 364 qualifications; mitigation of disciplinary penalties; diligent 365 management and supervision; presumption.— 366 (1) The Legislature intends to prevent the sale of tobacco 367 products to persons under 2118years of age and to encourage 368 retail tobacco products dealers to comply with responsible 369 practices in accordance with this section. 370 (2) To qualify as a responsible retail tobacco products 371 dealer, the dealer must establish and implement procedures 372 designed to ensure that the dealer’s employees comply with the 373 provisions of this partchapter. The dealer must provide a 374 training program for the dealer’s employees which addresses the 375 use and sale of tobacco products and which includes at least the 376 following topics: 377 (b) Methods of recognizing and handling customers under 21 37818years of age. 379 (c) Procedures for proper examination of identification 380 cards in order to verify that customers are not under 2118381 years of age. 382 (3) In determining penalties under s. 569.006, the division 383 may mitigate penalties imposed against a dealer because of an 384 employee’s illegal sale of a tobacco product to a person under 385 2118years of age if the following conditions are met: 386 (a) The dealer is qualified as a responsible dealer under 387 this section. 388 (b) The dealer provided the training program required under 389 subsection (2) to that employee before the illegal sale 390 occurred. 391 (c) The dealer had no knowledge of that employee’s 392 violation at the time of the violation and did not direct, 393 approve, or participate in the violation. 394 (d) If the sale was made through a vending machine, the 395 machine was equipped with an operational lock-out device. 396 Section 14. Section 569.009, Florida Statutes, is amended 397 to read: 398 569.009 Rulemaking authority.—The division shall adopt any 399 rules necessary to administer and enforce the provisions of this 400 partchapter. 401 Section 15. Section 569.101, Florida Statutes, is amended 402 to read: 403 569.101 Selling, delivering, bartering, furnishing, or 404 giving tobacco products to persons under 2118years of age; 405 criminal penalties; defense.— 406 (1) It is unlawful to sell, deliver, barter, furnish, or 407 give, directly or indirectly, to any person who is under 2118408 years of age, any tobacco product. 409 (2) Any person who violates subsection (1) commits a 410 misdemeanor of the second degree, punishable as provided in s. 411 775.082 or s. 775.083. However, any person who violates 412 subsection (1) for a second or subsequent time within 1 year of 413 the first violation, commits a misdemeanor of the first degree, 414 punishable as provided in s. 775.082 or s. 775.083. 415 (3) A person charged with a violation of subsection (1) has 416 a complete defense if, at the time the tobacco product was sold, 417 delivered, bartered, furnished, or given: 418 (a) The buyer or recipient falsely evidenced that she or he 419 was 2118years of age or older; 420 (b) The appearance of the buyer or recipient was such that 421 a prudent person would believe the buyer or recipient to be 21 42218years of age or older; and 423 (c) Such person carefully checked a driver license or an 424 identification card issued by this state or another state of the 425 United States, a passport, or a United States armed services 426 identification card presented by the buyer or recipient and 427 acted in good faith and in reliance upon the representation and 428 appearance of the buyer or recipient in the belief that the 429 buyer or recipient was 2118years of age or older. 430 Section 16. Section 569.11, Florida Statutes, is amended to 431 read: 432 569.11 Possession, misrepresenting age or military service 433 to purchase, and purchase of tobacco products by persons under 434 2118years of age prohibited; penalties; jurisdiction; 435 disposition of fines.— 436 (1) It is unlawful for any person under 2118years of age 437 to knowingly possess any tobacco product. Any person under 2118438 years of age who violates this subsection commits a noncriminal 439 violation as provided in s. 775.08(3), punishable by: 440 (a) For a first violation, 16 hours of community service 441 or, instead of community service, a $25 fine. In addition, the 442 person must attend a school-approved anti-tobacco program, if 443 locally available; or 444 (b) For a second or subsequent violation within 12 weeks 445 after the first violation, a $25 fine. 446 447 Any second or subsequent violation not within the 12-week period 448 after the first violation is punishable as provided for a first 449 violation. 450 (2) It is unlawful for any person under 2118years of age 451 to misrepresent his or her age or military service for the 452 purpose of inducing a dealer or an agent or employee of the 453 dealer to sell, give, barter, furnish, or deliver any tobacco 454 product, or to purchase, or attempt to purchase, any tobacco 455 product from a person or a vending machine. Any person under 21 45618years of age who violates this subsection commits a 457 noncriminal violation as provided in s. 775.08(3), punishable 458 by: 459 (a) For a first violation, 16 hours of community service 460 or, instead of community service, a $25 fine and, in addition, 461 the person must attend a school-approved anti-tobacco program, 462 if available; or 463 (b) For a second or subsequent violation within 12 weeks 464 after the first violation, a $25 fine. 465 466 Any second or subsequent violation not within the 12-week period 467 after the first violation is punishable as provided for a first 468 violation. 469 (3) Any person under 2118years of age cited for 470 committing a noncriminal violation under this section must sign 471 and accept a civil citation indicating a promise to appear 472 before the county court or comply with the requirement for 473 paying the fine and must attend a school-approved anti-tobacco 474 program, if locally available. If a fine is assessed for a 475 violation of this section, the fine must be paid within 30 days 476 after the date of the citation or, if a court appearance is 477 mandatory, within 30 days after the date of the hearing. 478 (4) A person charged with a noncriminal violation under 479 this section must appear before the county court or comply with 480 the requirement for paying the fine. The court, after a hearing, 481 shall make a determination as to whether the noncriminal 482 violation was committed. If the court finds the violation was 483 committed, it shall impose an appropriate penalty as specified 484 in subsection (1) or subsection (2). A person who participates 485 in community service shall be considered an employee of the 486 state for the purpose of chapter 440, for the duration of such 487 service. 488 (5)(a) If a person under 2118years of age is found by the 489 court to have committed a noncriminal violation under this 490 section and that person has failed to complete community 491 service, pay the fine as required by paragraph (1)(a) or 492 paragraph (2)(a), or attend a school-approved anti-tobacco 493 program, if locally available, the court may direct the 494 Department of Highway Safety and Motor Vehicles to withhold 495 issuance of or suspend the driver license or driving privilege 496 of that person for a period of 30 consecutive days. 497 (b) If a person under 2118years of age is found by the 498 court to have committed a noncriminal violation under this 499 section and that person has failed to pay the applicable fine as 500 required by paragraph (1)(b) or paragraph (2)(b), the court may 501 direct the Department of Highway Safety and Motor Vehicles to 502 withhold issuance of or suspend the driver license or driving 503 privilege of that person for a period of 45 consecutive days. 504 (6) Eighty percent of all civil penalties received by a 505 county court pursuant to this section shall be remitted by the 506 clerk of the court to the Department of Revenue for transfer to 507 the Department of Education to provide for teacher training and 508 for research and evaluation to reduce and prevent the use of 509 tobacco products by children. The remaining 20 percent of civil 510 penalties received by a county court pursuant to this section 511 shall remain with the clerk of the county court to cover 512 administrative costs. 513 Section 17. Section 569.12, Florida Statutes, is amended to 514 read: 515 569.12 Jurisdiction; tobacco product and nicotine product 516 enforcement officers or agents; enforcement.— 517 (1) In addition to the Division of Alcoholic Beverages and 518 Tobacco of the Department of Business and Professional 519 Regulation, any law enforcement officer certified under s. 520 943.10(1), (6), or (8) shall enforce the provisions of this 521 chapter. 522 (2)(a) A county or municipality may designate certain of 523 its employees or agents as tobacco product and nicotine product 524 enforcement officers. The training and qualifications of the 525 employees or agents for such designation shall be determined by 526 the county or the municipality. Nothing in this section shall be 527 construed to permit the carrying of firearms or other weapons by 528 a tobacco product and nicotine product enforcement agent, nor 529 does designation as a tobacco product and nicotine product 530 enforcement officer provide the employee or agent with the power 531 of arrest or subject the employee or agent to the provisions of 532 ss. 943.085-943.255. Nothing in this section amends, alters, or 533 contravenes the provisions of any state-administered retirement 534 system or any state-supported retirement system established by 535 general law. 536 (b) A tobacco product and nicotine product enforcement 537 officer is authorized to issue a citation to a person under the 538 age of 2118when, based upon personal investigation, the 539 officer has reasonable cause to believe that the person has 540 committed a civil infraction in violation of s. 386.212,ors. 541 569.11, or s. 569.42. 542 (3) A correctional probation officer as defined in s. 543 943.10(3) is authorized to issue a citation to a person under 544 the age of 2118when, based upon personal investigation, the 545 officer has reasonable cause to believe that the person has 546 committed a civil infraction in violation of s. 569.11 or s. 547 569.42. 548 (4) A citation issued to any person violating the 549 provisions of s. 569.11 or s. 569.42 shall be in a form 550 prescribed by the Division of Alcoholic Beverages and Tobacco of 551 the Department of Business and Professional Regulation and shall 552 contain: 553 (a) The date and time of issuance. 554 (b) The name and address of the person to whom the citation 555 is issued. 556 (c) The date and time the civil infraction was committed. 557 (d) The facts constituting reasonable cause. 558 (e) The number of the Florida statute violated. 559 (f) The name and authority of the citing officer. 560 (g) The procedure for the person to follow in order to 561 contest the citation, perform the required community service, 562 attend the required anti-tobacco or anti-tobacco and anti 563 nicotine program, or to pay the civil penalty. 564 Section 18. Section 569.14, Florida Statutes, is amended to 565 read: 566 569.14 Posting of a sign stating that the sale of tobacco 567 products or nicotine products to persons under 2118years of 568 age is unlawful; enforcement; penalty.— 569 (1) A dealer that sells tobacco products shall post a clear 570 and conspicuous sign in each place of business where such 571 products are sold which substantially states the following: 572 573 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE 574 OF 2118IS AGAINST FLORIDA LAW. PROOF OF AGE IS 575 REQUIRED FOR PURCHASE. 576 577 (2) A dealer that sells tobacco products and nicotine 578 products or nicotine dispensing devices, as defined in s.579877.112,may use a sign that substantially states the following: 580 581 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR 582 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE 583 OF 2118IS AGAINST FLORIDA LAW. PROOF OF AGE IS 584 REQUIRED FOR PURCHASE. 585 586 A dealer that uses a sign as described in this subsection meets 587 the signage requirements of subsection (1) and s. 569.43(1)s.588877.112. 589 (3) The division shall make available to dealers of tobacco 590 products signs that meet the requirements of subsection (1) or 591 subsection (2). 592 (4) Any dealer that sells tobacco products shall provide at 593 the checkout counter in a location clearly visible to the dealer 594 or the dealer’s agent or employee instructional material in a 595 calendar format or similar format to assist in determining 596 whether a person is of legal age to purchase tobacco products. 597 This point of sale material must contain substantially the 598 following language: 599 600 IF YOU WERE NOT BORN BEFORE THIS DATE 601 (insert date and applicable year) 602 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, 603 OR NICOTINE DISPENSING DEVICES. 604 605 Upon approval by the division, in lieu of a calendar a dealer 606 may use card readers, scanners, or other electronic or automated 607 systems that can verify whether a person is of legal age to 608 purchase tobacco products. Failure to comply with the provisions 609 contained in this subsection shall result in imposition of 610 administrative penalties as provided in s. 569.006. 611 (5) The division, through its agents and inspectors, shall 612 enforce this section. 613 (6) Any person who fails to comply with subsection (1) is 614 guilty of a misdemeanor of the second degree, punishable as 615 provided in s. 775.082 or s. 775.083. 616 Section 19. Section 569.19, Florida Statutes, is amended to 617 read: 618 569.19 Annual report.—The division shall report annually 619 with written findings to the Legislature and the Governor by 620 December 31, on the progress of implementing the enforcement 621 provisions of this partchapter. This must include, but is not 622 limited to: 623 (1) The number and results of compliance visits. 624 (2) The number of violations for failure of a retailer to 625 hold a valid license. 626 (3) The number of violations for selling tobacco products 627 to persons under age 2118, and the results of administrative 628 hearings on the above and related issues. 629 (4) The number of persons under age 2118cited for 630 violations of s. 569.11 and sanctions imposed as a result of 631 citation. 632 Section 20. Section 569.31, Florida Statutes, is created to 633 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 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 a 663 retail nicotine products dealer permit. 664 (7) “Retail nicotine products dealer permit” means a permit 665 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 676 (b) Is acting in his or her scope of lawful employment. 677 Section 21. Section 569.315, Florida Statutes, is created 678 to read: 679 569.315 Preemption.—The establishment of the minimum age 680 for purchasing or possessing, and the regulation for the 681 marketing, sale, or delivery of, nicotine products is preempted 682 to the state. 683 Section 22. Section 569.32, Florida Statutes, is created to 684 read: 685 569.32 Retail nicotine products dealer permits; 686 application; qualifications; renewal; duplicates.— 687 (1)(a) Each person, firm, association, or corporation that 688 seeks to deal, at retail, in nicotine products within the state, 689 or to allow a nicotine products vending machine to be located on 690 its premises in the state, must obtain a retail nicotine 691 products dealer permit for each place of business or premises at 692 which nicotine products are sold. Each dealer owning, leasing, 693 furnishing, or operating vending machines through which nicotine 694 products are sold must obtain a permit for each machine and 695 shall post the permit in a conspicuous place on or near the 696 machine; however, if the dealer has more than one vending 697 machine at a single location or if nicotine products are sold 698 both over the counter and through a vending machine at a single 699 location, the dealer need obtain only one permit for that 700 location. 701 (b) Application for a permit must be made on a form 702 furnished by the division and must set forth the name under 703 which the applicant transacts or intends to transact business, 704 the address of the location of the applicant’s place of business 705 within the state, and any other information the division 706 requires. If the applicant has or intends to have more than one 707 place of business dealing in nicotine products within the state, 708 a separate application must be made for each place of business. 709 If the applicant is a firm or an association, the application 710 must set forth the names and addresses of the persons 711 constituting the firm or association; if the applicant is a 712 corporation, the application must set forth the names and 713 addresses of the principal officers of the corporation. The 714 application must also set forth any other information prescribed 715 by the division for the purpose of identifying the applicant 716 firm, association, or corporation. The application must be 717 signed and verified by oath or affirmation by the owner, if a 718 sole proprietor, or, if the owner is a firm, association, or 719 partnership, by the members or partners thereof, or, if the 720 owner is a corporation, by an executive officer of the 721 corporation or by a person authorized by the corporation to sign 722 the application, together with the written evidence of this 723 authority. 724 (2)(a) Permits may be issued only to persons who are 21 725 years of age or older or to corporations the officers of which 726 are 21 years of age or older. 727 (b) The division may refuse to issue a permit to any 728 person, firm, association, or corporation the permit of which 729 has been revoked, to any corporation an officer of which has had 730 his or her permit revoked, or to any person who is or has been 731 an officer of a corporation the permit of which has been 732 revoked. Any permit issued to a firm, association, or 733 corporation prohibited from obtaining a permit under this 734 chapter shall be revoked by the division. 735 (3) Upon approval of an application for a permit, the 736 division shall issue to the applicant a permit for the place of 737 business or premises specified in the application. A permit is 738 not assignable and is valid only for the person in whose name 739 the permit is issued and for the place designated in the permit. 740 The permit shall be conspicuously displayed at all times at the 741 place for which issued. 742 Section 23. Section 569.33 Florida Statutes, is created to 743 read: 744 569.33 Consent to inspection and search without warrant.—An 745 applicant for a retail nicotine products dealer permit, by 746 accepting the permit when issued, agrees that the place or 747 premises covered by the permit is subject to inspection and 748 search without a search warrant by the division or its 749 authorized assistants, and by sheriffs, deputy sheriffs, or 750 police officers, to determine compliance with this part. 751 Section 24. Section 569.34, Florida Statutes, is created to 752 read: 753 569.34 Operating without a retail nicotine products dealer 754 permit; penalty.— 755 (1) It is unlawful for a person, firm, association, or 756 corporation to deal, at retail, in nicotine products, in any 757 manner, or to allow a nicotine products vending machine to be 758 located on its premises, without having a retail nicotine 759 product dealer permit as required by s. 569.32. A person who 760 violates this section commits a noncriminal violation, 761 punishable by a fine of not more than $500. 762 (2) A retail tobacco products dealer, as defined in s. 763 569.002(4), is not required to have a separate or additional 764 retail nicotine products dealer permit to deal, at retail, in 765 nicotine products within the state, or allow a nicotine products 766 vending machine to be located on its premises in the state. Any 767 retail tobacco products dealer that deals, at retail, in 768 nicotine products or allows a nicotine products vending machine 769 to be located on its premises in the state, is subject to, and 770 must be in compliance with, this part. 771 (3) Any person who violates this section shall be cited for 772 such infraction and shall be cited to appear before the county 773 court. The citation may indicate the time, date, and location of 774 the scheduled hearing and must indicate that the penalty for a 775 noncriminal violation is a fine of not more than $500. 776 (a) A person cited for an infraction under this section 777 may: 778 1. Post a $500 bond; or 779 2. Sign and accept the citation indicating a promise to 780 appear. 781 (b) A person cited for violating this section may: 782 1. Pay the fine, either by mail or in person, within 10 783 days after receiving the citation; or 784 2. If the person has posted bond, forfeit the bond by not 785 appearing at the scheduled hearing. 786 (c) If the person pays the fine or forfeits bond, the 787 person is deemed to have admitted violating this section and to 788 have waived the right to a hearing on the issue of commission of 789 the violation. Such admission may not be used as evidence in any 790 other proceeding. 791 (d) The court, after a hearing, shall make a determination 792 as to whether an infraction has been committed. If the 793 commission of an infraction has been proven beyond a reasonable 794 doubt, the court may impose a civil penalty in an amount that 795 may not exceed $500. 796 (e) If a person is found by the court to have committed the 797 infraction, that person may appeal that finding to the circuit 798 court. 799 Section 25. Section 569.35, Florida Statutes, is created to 800 read: 801 569.35 Retail nicotine product dealers; administrative 802 penalties.—The division may suspend or revoke the permit of a 803 dealer, including the retail tobacco products dealer permit of a 804 retail tobacco products dealer as defined in s. 569.002(4), upon 805 sufficient cause appearing of the violation of any of the 806 provisions of this part, by a dealer, or by a dealer’s agent or 807 employee. The division may also assess and accept an 808 administrative fine of up to $1,000 against a dealer for each 809 violation. The division shall deposit all fines collected into 810 the General Revenue Fund as collected. An order imposing an 811 administrative fine becomes effective 15 days after the date of 812 the order. The division may suspend the imposition of a penalty 813 against a dealer, conditioned upon the dealer’s compliance with 814 terms the division considers appropriate. 815 Section 26. Section 569.37, Florida Statutes, is created to 816 read: 817 569.37 Sale or delivery of nicotine products; 818 restrictions.— 819 (1) In order to prevent persons under 21 years of age from 820 purchasing or receiving nicotine products, the sale or delivery 821 of nicotine products is prohibited, except: 822 (a) When under the direct control or line of sight of the 823 dealer or the dealer’s agent or employee; or 824 (b) Sales from a vending machine are prohibited under 825 paragraph (a) and are only permissible from a machine that is 826 equipped with an operational lockout device that is under the 827 control of the dealer or the dealer’s agent or employee who 828 directly regulates the sale of items through the machine by 829 triggering the lockout device to allow the dispensing of one 830 nicotine product. The lockout device must include a mechanism to 831 prevent the machine from functioning if the power source for the 832 lockout device fails or if the lockout device is disabled, and a 833 mechanism to ensure that only one nicotine product is dispensed 834 at a time. 835 (2)(a) A dealer that sells nicotine products may not sell, 836 permit to be sold, offer for sale, or display for sale such 837 products or devices by means of self-service merchandising. 838 (b) A dealer that sells nicotine products may not place 839 such products or devices in an open display unit unless the unit 840 is located in an area that is inaccessible to customers. 841 (3) The provisions of subsections (1) and (2) shall not 842 apply to an establishment that prohibits persons under 21 years 843 of age on the licensed premises. 844 (4) A dealer or a dealer’s agent or employee must require 845 proof of age of a purchaser of a nicotine product before selling 846 the product to that person, unless the purchaser appears to be 847 30 years of age or older. 848 Section 27. Section 569.38, Florida Statutes, is created to 849 read: 850 569.38 Gift of sample nicotine products and nicotine 851 dispensing devices.—The gift of sample nicotine products to any 852 person under the age of 21 by an entity permitted under this 853 part, or by an employee of such entity, is prohibited and is 854 punishable as provided in s. 569.41. 855 Section 28. Section 569.381, Florida Statutes, is created 856 to read: 857 569.381 Responsible retail nicotine products dealers; 858 qualifications; mitigation of disciplinary penalties; diligent 859 management and supervision; presumption.— 860 (1) It is the intent of the Legislature to prevent the sale 861 of nicotine products to persons under 21 years of age and to 862 encourage retail nicotine products dealers to comply with 863 responsible practices in accordance with this section. 864 (2) To qualify as a responsible retail nicotine products 865 dealer, the dealer must establish and implement procedures 866 designed to ensure that the dealer’s employees comply with this 867 part. The dealer must provide a training program for the 868 dealer’s employees which addresses the use and sale of nicotine 869 products and which includes at least the following topics: 870 (a) Laws covering the sale of nicotine products. 871 (b) Methods of recognizing and handling customers under 21 872 years of age. 873 (c) Procedures for proper examination of identification 874 cards in order to verify that customers are not under 21 years 875 of age. 876 (d) The use of the age audit identification function on 877 electronic point-of-sale equipment, where available. 878 (3) In determining penalties under s. 569.35, the division 879 may mitigate penalties imposed against a dealer because of an 880 employee’s illegal sale of a nicotine product to a person under 881 21 years of age if the following conditions are met: 882 (a) The dealer is qualified as a responsible dealer under 883 this section. 884 (b) The dealer provided the training program required under 885 subsection (2) to that employee before the illegal sale 886 occurred. 887 (c) The dealer had no knowledge of that employee’s 888 violation at the time of the violation and did not direct, 889 approve, or participate in the violation. 890 (d) If the sale was made through a vending machine, the 891 machine was equipped with an operational lock-out device. 892 (4) The division shall develop and make available a model 893 nicotine products training program designed to ensure adherence 894 to this part by dealers and their employees which, if followed, 895 will qualify dealers as responsible dealers. 896 (5) Dealers shall exercise diligence in the management and 897 supervision of their premises and in the supervision and 898 training of their employees, agents, or servants. In proceedings 899 to impose penalties under s. 569.35, proof that employees, 900 agents, or servants of the dealer, while in the scope of their 901 employment, committed at least three violations of s. 569.41 902 during a 180-day period shall be prima facie evidence of a lack 903 of due diligence by the dealer in the management and supervision 904 of his or her premises and in the supervision and training of 905 employees, agents, officers, or servants. 906 (6) The division may consider qualification as a 907 responsible retail nicotine products dealer under this section 908 as evidence that the dealer properly exercised the diligence 909 required under this section. 910 Section 29. Section 569.39, Florida Statutes, is created to 911 read: 912 569.39 Rulemaking authority.—The division shall adopt rules 913 to administer and enforce this part. 914 Section 30. Section 569.41, Florida Statutes, is created to 915 read: 916 569.41 Selling, delivering, bartering, furnishing, or 917 giving nicotine products to persons under 21 years of age; 918 criminal penalties; defense.— 919 (1) It is unlawful to sell, deliver, barter, furnish, or 920 give, directly or indirectly, to any person who is under 21 921 years of age, any nicotine product. 922 (2) Any person who violates subsection (1) commits a 923 misdemeanor of the second degree, punishable as provided in s. 924 775.082 or s. 775.083. However, any person who violates 925 subsection (1) for a second or subsequent time within 1 year 926 after the first violation commits a misdemeanor of the first 927 degree, punishable as provided in s. 775.082 or s. 775.083. 928 (3) A person charged with a violation of subsection (1) has 929 a complete defense if, at the time the nicotine product was 930 sold, delivered, bartered, furnished, or given: 931 (a) The buyer or recipient falsely evidenced that she or he 932 was 21 years of age or older; 933 (b) The appearance of the buyer or recipient was such that 934 a prudent person would believe the buyer or recipient to be 21 935 years of age or older; and 936 (c) Such person carefully checked a driver license or an 937 identification card issued by the state or another state of the 938 United States, a passport, or a United States armed services 939 identification card presented by the buyer or recipient and 940 acted in good faith and in reliance upon the representation and 941 appearance of the buyer or recipient in the belief that the 942 buyer or recipient was 21 years of age or older. 943 Section 31. Section 569.42, Florida Statutes, is created to 944 read: 945 569.42 Possession, misrepresenting age or military service 946 to purchase, and purchase of nicotine products by persons under 947 21 years of age prohibited; penalties; jurisdiction; disposition 948 of fines.— 949 (1) It is unlawful for any person under 21 years of age to 950 knowingly possess any nicotine product. Any person under 21 951 years of age who violates this subsection commits a noncriminal 952 violation as provided in s. 775.08(3), punishable by: 953 (a) For a first violation, 16 hours of community service 954 or, instead of community service, a $25 fine. In addition, the 955 person must attend a school-approved anti-tobacco and anti 956 nicotine program, if locally available; or 957 (b) For a second or subsequent violation within 12 weeks 958 after the first violation, a $25 fine. 959 960 Any second or subsequent violation not within the 12-week period 961 after the first violation is punishable as provided for a first 962 violation. 963 (2) It is unlawful for any person under 21 years of age to 964 misrepresent his or her age or military service for the purpose 965 of inducing a dealer or an agent or employee of the dealer to 966 sell, give, barter, furnish, or deliver any nicotine product, or 967 to purchase, or attempt to purchase, any nicotine product from a 968 person or a vending machine. Any person under 21 years of age 969 who violates this subsection commits a noncriminal violation as 970 defined in s. 775.08(3), punishable by: 971 (a) For a first violation, 16 hours of community service 972 or, instead of community service, a $25 fine and, in addition, 973 the person must attend a school-approved anti-tobacco and anti 974 nicotine program, if available; or 975 (b) For a second or subsequent violation within 12 weeks 976 after the first violation, a $25 fine. 977 978 Any second or subsequent violation not within the 12-week period 979 after the first violation is punishable as provided for a first 980 violation. 981 (3) Any person under 21 years of age cited for committing a 982 noncriminal violation under this section must sign and accept a 983 civil citation indicating a promise to appear before the county 984 court or comply with the requirement for paying the fine and 985 must attend a school-approved anti-tobacco and anti-nicotine 986 program, if locally available. If a fine is assessed for a 987 violation of this section, the fine must be paid within 30 days 988 after the date of the citation or, if a court appearance is 989 mandatory, within 30 days after the date of the hearing. 990 (4) A person charged with a noncriminal violation under 991 this section must appear before the county court or comply with 992 the requirement for paying the fine. The court, after a hearing, 993 shall make a determination as to whether the noncriminal 994 violation was committed. If the court finds the violation was 995 committed, it shall impose an appropriate penalty as specified 996 in subsection (1) or subsection (2). A person who participates 997 in community service shall be considered an employee of the 998 state for the purpose of chapter 440, for the duration of such 999 service. 1000 (5)(a) If a person under 21 years of age is found by the 1001 court to have committed a noncriminal violation under this 1002 section and the person has failed to complete community service, 1003 pay the fine as required by paragraph (1)(a) or paragraph 1004 (2)(a), or attend a school-approved anti-tobacco and anti 1005 nicotine program, if locally available, the court may direct the 1006 Department of Highway Safety and Motor Vehicles to withhold 1007 issuance of or suspend the driver license or driving privilege 1008 of that person for a period of 30 consecutive days. 1009 (b) If a person under 21 years of age is found by the court 1010 to have committed a noncriminal violation under this section and 1011 that person has failed to pay the applicable fine as required by 1012 paragraph (1)(b) or paragraph (2)(b), the court may direct the 1013 Department of Highway Safety and Motor Vehicles to withhold 1014 issuance of or suspend the driver license or driving privilege 1015 of that person for a period of 45 consecutive days. 1016 (6) Eighty percent of all civil penalties received by a 1017 county court under this section shall be remitted by the clerk 1018 of the court to the Department of Revenue for transfer to the 1019 Department of Education to provide for teacher training and for 1020 research and evaluation to reduce and prevent the use of 1021 nicotine products by children. The remaining 20 percent of civil 1022 penalties received by a county court under this section shall 1023 remain with the clerk of the county court to cover 1024 administrative costs. 1025 Section 32. Section 569.43, Florida Statutes, is created to 1026 read: 1027 569.43 Posting of a sign stating that the sale of nicotine 1028 products or nicotine dispensing devices to persons under 21 1029 years of age is unlawful; enforcement; penalty.— 1030 (1) A dealer that sells nicotine products shall post a 1031 clear and conspicuous sign in each place of business at which 1032 such products are sold which substantially states the following: 1033 1034 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING 1035 DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST 1036 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE. 1037 1038 (2) The division shall make available to dealers of 1039 nicotine products signs that meet the requirements of subsection 1040 (1). 1041 (3) Any dealer that sells nicotine products shall provide 1042 at the checkout counter in a location clearly visible to the 1043 dealer or the dealer’s agent or employee instructional material 1044 in a calendar format or similar format to assist in determining 1045 whether a person is of legal age to purchase nicotine products. 1046 This point of sale material must contain substantially the 1047 following language: 1048 1049 IF YOU WERE NOT BORN BEFORE THIS DATE 1050 (insert date and applicable year) 1051 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE 1052 DISPENSING DEVICES. 1053 1054 Upon approval by the division, in lieu of a calendar a dealer 1055 may use card readers, scanners, or other electronic or automated 1056 systems that can verify whether a person is of legal age to 1057 purchase nicotine products. Failure to comply with the 1058 provisions contained in this subsection shall result in 1059 imposition of administrative penalties as provided in s. 569.35. 1060 (4) The division, through its agents and inspectors, shall 1061 enforce this section. 1062 (5) Any person who fails to comply with subsection (1) 1063 commits a misdemeanor of the second degree, punishable as 1064 provided in s. 775.082 or s. 775.083. 1065 Section 33. Section 569.44, Florida Statutes, is created to 1066 read: 1067 569.44 Annual report.—The division shall report annually 1068 with written findings to the Legislature and the Governor by 1069 December 31, on the progress of implementing the enforcement 1070 provisions of this part. This must include, but is not limited 1071 to: 1072 (1) The number and results of compliance visits. 1073 (2) The number of violations for failure of a retailer to 1074 hold a valid permit. 1075 (3) The number of violations for selling nicotine products 1076 to persons under age 21, and the results of administrative 1077 hearings on the above and related issues. 1078 (4) The number of persons under age 21 cited for violations 1079 of s. 569.42 and sanctions imposed as a result of citation. 1080 Section 34. Section 569.45, Florida Statutes, is created to 1081 read: 1082 569.45 Mail order, Internet, and remote sales of nicotine 1083 products; age verification.— 1084 (1) For purposes of this section, the term: 1085 (a) “Consumer” means a person in the state who comes into 1086 possession of any nicotine product who, at the time of 1087 possession, is not intending to sell or distribute the nicotine 1088 product, or is not a retailer. 1089 (b) “Delivery sale” means any sale of nicotine products to 1090 a consumer in the state for which: 1091 1. The consumer submits the order for the sale by 1092 telephonic or other voice transmission, mail, delivery service, 1093 or the Internet or other online service; or 1094 2. The nicotine products are delivered by use of mail or a 1095 delivery service. 1096 (c) “Delivery service” means any person engaged in the 1097 commercial delivery of letters, packages, or other containers. 1098 (d) “Legal minimum purchase age” means the minimum age at 1099 which an individual may legally purchase nicotine products in 1100 the state. 1101 (e) “Retailer” means any person who is required to obtain a 1102 retail nicotine products dealer permit or a retail tobacco 1103 products dealer permit, as defined in s. 569.002. 1104 (f) “Shipping container” means a container in which 1105 nicotine products are shipped in connection with a delivery 1106 sale. 1107 (g) “Shipping document” means a bill of lading, airbill, 1108 United States Postal Service form, or any other document used to 1109 verify the undertaking by a delivery service to deliver letters, 1110 packages, or other containers. 1111 (2)(a) A sale of nicotine products constituting a delivery 1112 sale under paragraph (1)(b) is a delivery sale regardless of 1113 whether the person accepting the order for the delivery sale is 1114 located inside or outside the state. 1115 (b) A retailer must obtain a retail nicotine products 1116 dealer permit or a retail tobacco products dealer permit, as 1117 defined in s. 569.002, from the division under the requirements 1118 of this chapter before accepting an order for a delivery sale. 1119 (c) A person may not make a delivery sale of nicotine 1120 products to any individual who is not 21 years of age or older. 1121 (d) Each person accepting an order for a delivery sale must 1122 comply with each of the following: 1123 1. The age verification requirements set forth in 1124 subsection (3). 1125 2. The disclosure requirements set forth in subsection (4). 1126 3. The shipping requirements set forth in subsection (5). 1127 (3) A person may not mail, ship, or otherwise deliver 1128 nicotine products in connection with an order for a delivery 1129 sale unless, before the first delivery to the consumer, the 1130 person accepting the order for the delivery sale: 1131 (a) Obtains from the person submitting the order a 1132 certification that includes: 1133 1. Reliable confirmation that the person is 21 years of age 1134 or older; and 1135 2. A statement signed by the person in writing and under 1136 penalty of perjury which: 1137 a. Certifies the address and date of birth of the person; 1138 and 1139 b. Confirms that the person wants to receive delivery sales 1140 from a nicotine products company and understands that, under the 1141 laws of the state, the following actions are illegal: 1142 (I) Signing another person’s name to the certification; 1143 (II) Selling nicotine products to individuals who are not 1144 21 years of age or older; and 1145 (III) Purchasing nicotine products, if the person making 1146 the purchase is not 21 years of age or older. 1147 (b) Makes a good faith effort to verify the information 1148 contained in the certification provided by the individual under 1149 paragraph (a) against a commercially available database that may 1150 be reasonably relied upon for accurate age information or 1151 obtains a photocopy or other image of a valid government-issued 1152 identification card stating the date of birth or age of the 1153 individual. 1154 (c) Provides to the individual, via electronic mail or 1155 other means, a notice meeting the requirements of subsection 1156 (4). 1157 (d) If an order for nicotine products is made pursuant to 1158 an advertisement on the Internet, receives payment for the 1159 delivery sale from the consumer by a credit or debit card issued 1160 in the name of the consumer, or by personal or company check of 1161 the consumer. 1162 (e) Submits, to each credit card acquiring company with 1163 which the person has credit card sales, identification 1164 information in an appropriate form and format so that the words 1165 “nicotine product” may be printed in the purchaser’s credit card 1166 statement when a purchase of a nicotine product is made by 1167 credit card payment. 1168 (f) Makes a telephone call after 5 p.m. to the purchaser 1169 confirming the order before shipping the nicotine products. The 1170 telephone call may be a person-to-person call or a recorded 1171 message. The person accepting the order for delivery sale is not 1172 required to speak directly with a person and may leave a message 1173 on an answering machine or through voice mail. 1174 1175 In addition to the requirements of this subsection, a person 1176 accepting an order for a delivery sale may request that a 1177 consumer provide an electronic mail address. 1178 (4) The notice described in paragraph (3)(c) must include 1179 prominent and clearly legible statements that sales of nicotine 1180 products are: 1181 (a) Illegal if made to individuals who are not 21 years of 1182 age or older. 1183 (b) Restricted to those individuals who provide verifiable 1184 proof of age in accordance with subsection (3). 1185 (5) Each person who mails, ships, or otherwise delivers 1186 nicotine products in connection with an order for a delivery 1187 sale must: 1188 (a) Include as part of the shipping documents, in a clear 1189 and conspicuous manner, the following statement: “Nicotine 1190 Products: Florida law prohibits shipping to individuals under 21 1191 years of age.” 1192 (b) Use a method of mailing, shipping, or delivery which 1193 obligates the delivery service to require: 1194 1. The individual submitting the order for the delivery 1195 sale or another person 21 years of age or older who resides at 1196 the individual’s address to sign his or her name to accept 1197 delivery of the shipping container. Proof of the legal minimum 1198 purchase age of the individual accepting delivery is required 1199 only if the individual appears to be under 30 years of age. 1200 2. Proof that the individual is either the addressee or the 1201 individual who is 21 years of age or older designated by the 1202 addressee, in the form of a valid, government-issued 1203 identification card bearing a photograph of the individual who 1204 signs to accept delivery of the shipping container. 1205 1206 If the person accepting a purchase order for a delivery sale 1207 delivers the nicotine products without using a delivery service, 1208 the person must comply with all of the requirements of this 1209 section which apply to a delivery service. Any failure to comply 1210 with a requirement of this section constitutes a violation 1211 thereof. 1212 (6) This section does not apply to delivery sales of 1213 nicotine products to a retail nicotine products dealer or a 1214 retail tobacco products dealer, as defined in s. 569.002. 1215 (7) An individual 21 years of age or older who knowingly 1216 violates any provision of this section commits a misdemeanor of 1217 the second degree, punishable as provided in s. 775.082 or s. 1218 775.083. 1219 (8) The Attorney General, the Attorney General’s designee, 1220 or a state attorney may bring an action in the appropriate court 1221 in the state to prevent or restrain violations of this section 1222 by any person. 1223 Section 35. Section 877.112, Florida Statutes, is repealed. 1224 Section 36. This act shall take effect October 1, 2021.