Bill Text: FL S1288 | 2018 | Regular Session | Introduced


Bill Title: Tobacco Products

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2018-03-10 - Died in Regulated Industries [S1288 Detail]

Download: Florida-2018-S1288-Introduced.html
       Florida Senate - 2018                                    SB 1288
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01280-18                                            20181288__
    1                        A bill to be entitled                      
    2         An act relating to tobacco products; providing a short
    3         title; amending s. 210.095, F.S.; revising shipping
    4         documentation requirements for specified sales of
    5         tobacco products; providing criminal and noncriminal
    6         penalties; amending s. 322.056, F.S.; deleting
    7         provisions requiring driver license penalties for
    8         certain persons who commit tobacco-related offenses;
    9         amending s. 386.212, F.S.; revising the age limit for
   10         smoking near school property; amending s. 569.002,
   11         F.S.; defining the term “electronic smoking device”;
   12         redefining the term “tobacco products”; deleting the
   13         term “any person under the age of 18”; amending s.
   14         569.007, F.S.; prohibiting the sale of tobacco
   15         products except under certain circumstances; providing
   16         an exception for certain establishments; amending s.
   17         569.0075, F.S.; prohibiting certain entities from
   18         gifting sample tobacco products to persons under 21
   19         years of age; amending s. 569.008, F.S.; providing
   20         legislative intent; deleting a provision relating to
   21         the mitigation of penalties imposed against a dealer
   22         for certain violations; amending s. 569.101, F.S.;
   23         providing that it is unlawful to sell, deliver,
   24         barter, furnish, or give tobacco products to persons
   25         under 21 years of age; revising penalties for
   26         violations; revising the requirements for a complete
   27         defense for persons charged with certain violations;
   28         amending s. 569.11, F.S.; deleting provisions relating
   29         to persons under 18 years of age possessing tobacco
   30         products; providing that it is unlawful for persons
   31         under 21 years of age to misrepresent their age to
   32         acquire tobacco products; revising the penalties for
   33         certain persons who misrepresent their age; deleting a
   34         provision requiring a person participating in
   35         community service to be considered an employee of the
   36         state for certain purposes; conforming a provision to
   37         changes made by the act; amending ss. 569.12, 569.14,
   38         and 569.19, F.S.; conforming provisions to changes
   39         made by the act; repealing s. 877.112, F.S., relating
   40         to restrictions on the sale and delivery of nicotine
   41         products and nicotine dispensing devices; providing an
   42         effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. This act may be cited as the “Tobacco 21 Act.”
   47         Section 2. Subsection (5) and paragraphs (e) and (g) of
   48  subsection (8) of section 210.095, Florida Statutes, are amended
   49  to read:
   50         210.095 Mail order, Internet, and remote sales of tobacco
   51  products; age verification.—
   52         (5) Each person who mails, ships, or otherwise delivers
   53  tobacco products in connection with an order for a delivery sale
   54  must:
   55         (a) Include as part of the shipping documents, in a clear
   56  and conspicuous manner, the following statement: “Tobacco
   57  Products: Florida law prohibits shipping to individuals under 21
   58  18 years of age and requires the payment of all applicable
   59  taxes.”
   60         (b) Use a method of mailing, shipping, or delivery which
   61  obligates the delivery service to require:
   62         1. The individual submitting the order for the delivery
   63  sale or another adult who resides at the individual’s address to
   64  sign his or her name to accept delivery of the shipping
   65  container. Proof of the legal minimum purchase age of the
   66  individual accepting delivery is required only if the individual
   67  appears to be under 27 years of age.
   68         2. Proof that the individual is either the addressee or the
   69  adult designated by the addressee, in the form of a valid,
   70  government-issued identification card bearing a photograph of
   71  the individual who signs to accept delivery of the shipping
   72  container.
   73         (c) Provide to the delivery service, if such service is
   74  used, evidence of full compliance with subsection (7).
   75  
   76  Any person who violates paragraph (a) commits a noncriminal
   77  violation and must serve at least 20 hours of community service.
   78  Any person who violates paragraph (a) a second or subsequent
   79  time within 1 year of the first violation commits a noncriminal
   80  violation and must serve at least 40 hours of community service
   81  If the person accepting a purchase order for a delivery sale
   82  delivers the tobacco products without using a delivery service,
   83  the person must comply with all of the requirements of this
   84  section which apply to a delivery service. Any failure to comply
   85  with a requirement of this section constitutes a violation
   86  thereof.
   87         (8)
   88         (e) A person who, in connection with a delivery sale,
   89  delivers tobacco products on behalf of a delivery service to an
   90  individual who is not an adult commits a misdemeanor of the
   91  second degree of the third degree, punishable as provided in s.
   92  775.082 or s. 775.083.
   93         (g)An individual who is not an adult and who knowingly
   94  violates any provision of this section commits a misdemeanor of
   95  the third degree, punishable as provided in s. 775.082 or s.
   96  775.083.
   97         Section 3. Section 322.056, Florida Statutes, is amended to
   98  read:
   99         322.056 Mandatory revocation or suspension of, or delay of
  100  eligibility for, driver license for persons under age 18 found
  101  guilty of certain alcohol or, drug, or tobacco offenses;
  102  prohibition.—
  103         (1) Notwithstanding the provisions of s. 322.055, if a
  104  person under 18 years of age is found guilty of or delinquent
  105  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  106  and:
  107         (a) The person is eligible by reason of age for a driver
  108  license or driving privilege, the court shall direct the
  109  department to revoke or to withhold issuance of his or her
  110  driver license or driving privilege for a period of:
  111         1. Not less than 6 months and not more than 1 year for the
  112  first violation.
  113         2. Two years, for a subsequent violation.
  114         (b) The person’s driver license or driving privilege is
  115  under suspension or revocation for any reason, the court shall
  116  direct the department to extend the period of suspension or
  117  revocation by an additional period of:
  118         1. Not less than 6 months and not more than 1 year for the
  119  first violation.
  120         2. Two years, for a subsequent violation.
  121         (c) The person is ineligible by reason of age for a driver
  122  license or driving privilege, the court shall direct the
  123  department to withhold issuance of his or her driver license or
  124  driving privilege for a period of:
  125         1. Not less than 6 months and not more than 1 year after
  126  the date on which he or she would otherwise have become
  127  eligible, for the first violation.
  128         2. Two years after the date on which he or she would
  129  otherwise have become eligible, for a subsequent violation.
  130  
  131  However, the court may, in its sound discretion, direct the
  132  department to issue a license for driving privileges restricted
  133  to business or employment purposes only, as defined in s.
  134  322.271, if the person is otherwise qualified for such a
  135  license.
  136         (2)If a person under 18 years of age is found by the court
  137  to have committed a noncriminal violation under s. 569.11 or s.
  138  877.112(6) or (7) and that person has failed to comply with the
  139  procedures established in that section by failing to fulfill
  140  community service requirements, failing to pay the applicable
  141  fine, or failing to attend a locally available school-approved
  142  anti-tobacco program, and:
  143         (a)The person is eligible by reason of age for a driver
  144  license or driving privilege, the court shall direct the
  145  department to revoke or to withhold issuance of his or her
  146  driver license or driving privilege as follows:
  147         1.For the first violation, for 30 days.
  148         2.For the second violation within 12 weeks of the first
  149  violation, for 45 days.
  150         (b)The person’s driver license or driving privilege is
  151  under suspension or revocation for any reason, the court shall
  152  direct the department to extend the period of suspension or
  153  revocation by an additional period as follows:
  154         1.For the first violation, for 30 days.
  155         2.For the second violation within 12 weeks of the first
  156  violation, for 45 days.
  157         (c)The person is ineligible by reason of age for a driver
  158  license or driving privilege, the court shall direct the
  159  department to withhold issuance of his or her driver license or
  160  driving privilege as follows:
  161         1.For the first violation, for 30 days.
  162         2.For the second violation within 12 weeks of the first
  163  violation, for 45 days.
  164  
  165  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  166  within the 12-week period after the first violation will be
  167  treated as a first violation and in the same manner as provided
  168  in this subsection.
  169         (3)If a person under 18 years of age is found by the court
  170  to have committed a third violation of s. 569.11 or s.
  171  877.112(6) or (7) within 12 weeks of the first violation, the
  172  court must direct the Department of Highway Safety and Motor
  173  Vehicles to suspend or withhold issuance of his or her driver
  174  license or driving privilege for 60 consecutive days. Any third
  175  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  176  12-week period after the first violation will be treated as a
  177  first violation and in the same manner as provided in subsection
  178  (2).
  179         (2)(4) A penalty imposed under this section shall be in
  180  addition to any other penalty imposed by law.
  181         (5)The suspension or revocation of a person’s driver
  182  license imposed pursuant to subsection (2) or subsection (3),
  183  shall not result in or be cause for an increase of the convicted
  184  person’s, or his or her parent’s or legal guardian’s, automobile
  185  insurance rate or premium or result in points assessed against
  186  the person’s driving record.
  187         Section 4. Subsection (1) of section 386.212, Florida
  188  Statutes, is amended to read:
  189         386.212 Smoking prohibited near school property; penalty.—
  190         (1) It is unlawful for any person under 21 18 years of age
  191  to smoke tobacco in, on, or within 1,000 feet of the real
  192  property comprising a public or private elementary, middle, or
  193  secondary school between the hours of 6 a.m. and midnight. This
  194  section does not apply to any person occupying a moving vehicle
  195  or within a private residence.
  196         Section 5. Present subsections (3), (4), and (5) of section
  197  569.002, Florida Statutes, are redesignated as subsections (4),
  198  (5), and (6), respectively, present subsections (6) and (7) of
  199  that section are amended, and a new subsection (3) is added to
  200  that section, to read:
  201         569.002 Definitions.—As used in this chapter, the term:
  202         (3)“Electronic smoking device” means any device that can
  203  be used to deliver aerosolized or vaporized nicotine to the
  204  person inhaling from the device, including, but not limited to,
  205  an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term
  206  includes any component, part, or accessory of such a device,
  207  sold separately or with the device, and includes any substance
  208  intended to be aerosolized or vaporized during the use of the
  209  device. The term does not include drugs, devices, or combination
  210  products authorized for sale by the United States Food and Drug
  211  Administration, as those terms are defined in the Federal Food,
  212  Drug, and Cosmetic Act.
  213         (7)(6) “Tobacco products” means any product that is made
  214  from or derived from tobacco or that contains nicotine and is
  215  intended for human consumption or is likely to be consumed,
  216  whether smoked, heated, chewed, absorbed, dissolved, inhaled, or
  217  ingested by any other means, including, but not limited to, a
  218  cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
  219  snus. The term includes electronic smoking devices and any
  220  component or accessory used in the consumption of a tobacco
  221  product, such as filters, rolling papers, pipes, and liquids
  222  used in electronic smoking devices, whether or not they contain
  223  nicotine. The term does not include drugs, devices, or
  224  combination products authorized for sale by the United States
  225  Food and Drug Administration, as those terms are defined in the
  226  Federal Food, Drug, and Cosmetic Act includes loose tobacco
  227  leaves, and products made from tobacco leaves, in whole or in
  228  part, and cigarette wrappers, which can be used for smoking,
  229  sniffing, or chewing.
  230         (7)“Any person under the age of 18” does not include any
  231  person under the age of 18 who:
  232         (a)Has had his or her disability of nonage removed under
  233  chapter 743;
  234         (b)Is in the military reserve or on active duty in the
  235  Armed Forces of the United States;
  236         (c)Is otherwise emancipated by a court of competent
  237  jurisdiction and released from parental care and responsibility;
  238  or
  239         (d)Is acting in his or her scope of lawful employment with
  240  an entity licensed under the provisions of chapter 210 or this
  241  chapter.
  242         Section 6. Subsections (1) and (2) of section 569.007,
  243  Florida Statutes, are amended to read:
  244         569.007 Sale or delivery of tobacco products;
  245  restrictions.—
  246         (1) In order to prevent persons under 21 18 years of age
  247  from purchasing or receiving tobacco products, the sale or
  248  delivery of tobacco products is prohibited, except when the
  249  tobacco products are sold from behind a counter and are required
  250  to be retrieved and hand delivered by an employee to the
  251  consumer. Sales from a vending machine are prohibited. This
  252  section does not apply to an establishment that prohibits
  253  persons under 21 years of age on the licensed premises:
  254         (a)When under the direct control or line of sight of the
  255  dealer or the dealer’s agent or employee; or
  256         (b)Sales from a vending machine are prohibited under the
  257  provisions of paragraph (1)(a) and are only permissible from a
  258  machine that is equipped with an operational lockout device
  259  which is under the control of the dealer or the dealer’s agent
  260  or employee who directly regulates the sale of items through the
  261  machine by triggering the lockout device to allow the dispensing
  262  of one tobacco product. The lockout device must include a
  263  mechanism to prevent the machine from functioning if the power
  264  source for the lockout device fails or if the lockout device is
  265  disabled, and a mechanism to ensure that only one tobacco
  266  product is dispensed at a time.
  267         (2)The provisions of Subsection (1) shall not apply to an
  268  establishment that prohibits persons under 18 years of age on
  269  the licensed premises.
  270         Section 7. Section 569.0075, Florida Statutes, is amended
  271  to read:
  272         569.0075 Gift of sample tobacco products prohibited.—The
  273  gift of sample tobacco products to any person under the age of
  274  21 18 by an entity licensed or permitted under the provisions of
  275  chapter 210 or this chapter, or by an employee of such entity,
  276  is prohibited and is punishable as provided in s. 569.101.
  277         Section 8. Subsections (1), (2), and (3) of section
  278  569.008, Florida Statutes, are amended to read:
  279         569.008 Responsible retail tobacco products dealers;
  280  qualifications; mitigation of disciplinary penalties; diligent
  281  management and supervision; presumption.—
  282         (1) The Legislature intends to prevent the sale of tobacco
  283  products to persons under 21 18 years of age and to encourage
  284  retail tobacco products dealers to comply with responsible
  285  practices in accordance with this section.
  286         (2) To qualify as a responsible retail tobacco products
  287  dealer, the dealer must establish and implement procedures
  288  designed to ensure that the dealer’s employees comply with the
  289  provisions of this chapter. The dealer must provide a training
  290  program for the dealer’s employees which addresses the use and
  291  sale of tobacco products and which includes at least the
  292  following topics:
  293         (a) Laws covering the sale of tobacco products.
  294         (b) Methods of recognizing and handling customers under 21
  295  18 years of age.
  296         (c) Procedures for proper examination of identification
  297  cards in order to verify that customers are not under 21 18
  298  years of age.
  299         (d) The use of the age audit identification function on
  300  electronic point-of-sale equipment, where available.
  301         (3)In determining penalties under s. 569.006, the division
  302  may mitigate penalties imposed against a dealer because of an
  303  employee’s illegal sale of a tobacco product to a person under
  304  18 years of age if the following conditions are met:
  305         (a)The dealer is qualified as a responsible dealer under
  306  this section.
  307         (b)The dealer provided the training program required under
  308  subsection (2) to that employee before the illegal sale
  309  occurred.
  310         (c)The dealer had no knowledge of that employee’s
  311  violation at the time of the violation and did not direct,
  312  approve, or participate in the violation.
  313         (d)If the sale was made through a vending machine, the
  314  machine was equipped with an operational lock-out device.
  315         Section 9. Section 569.101, Florida Statutes, is amended to
  316  read:
  317         569.101 Selling, delivering, bartering, furnishing, or
  318  giving tobacco products to persons under 21 18 years of age;
  319  criminal penalties; defense.—
  320         (1) It is unlawful to sell, deliver, barter, furnish, or
  321  give, directly or indirectly, to any person who is under 21 18
  322  years of age, any tobacco product.
  323         (2) Any person who violates subsection (1) commits a
  324  noncriminal violation punishable by a fine of no more than $500
  325  misdemeanor of the second degree, punishable as provided in s.
  326  775.082 or s. 775.083. However, any person who violates
  327  subsection (1) for a second or subsequent time within 1 year of
  328  the first violation, commits a noncriminal violation punishable
  329  by a fine of no more than $1,000 misdemeanor of the first
  330  degree, punishable as provided in s. 775.082 or s. 775.083.
  331         (3) A person charged with a violation of subsection (1) has
  332  a complete defense if, at the time the tobacco product was sold,
  333  delivered, bartered, furnished, or given:
  334         (a) The buyer or recipient falsely evidenced that she or he
  335  was 21 18 years of age or older;
  336         (b) The appearance of the buyer or recipient was such that
  337  a prudent person would believe the buyer or recipient to be 21
  338  18 years of age or older; and
  339         (c) Such person carefully checked a driver license or an
  340  identification card issued by this state or another state of the
  341  United States, a passport, or a United States armed services
  342  identification card presented by the buyer or recipient and
  343  acted in good faith and in reliance upon the representation and
  344  appearance of the buyer or recipient in the belief that the
  345  buyer or recipient was 21 18 years of age or older.
  346         Section 10. Section 569.11, Florida Statutes, is amended to
  347  read:
  348         569.11 Possession, Misrepresenting age or military service
  349  to purchase, and purchase of tobacco products by persons under
  350  21 18 years of age prohibited; penalties; jurisdiction;
  351  disposition of fines.—
  352         (1)It is unlawful for any person under 18 years of age to
  353  knowingly possess any tobacco product. Any person under 18 years
  354  of age who violates the provisions of this subsection commits a
  355  noncriminal violation as provided in s. 775.08(3), punishable
  356  by:
  357         (a)For a first violation, 16 hours of community service
  358  or, instead of community service, a $25 fine. In addition, the
  359  person must attend a school-approved anti-tobacco program, if
  360  locally available;
  361         (b)For a second violation within 12 weeks of the first
  362  violation, a $25 fine; or
  363         (c)For a third or subsequent violation within 12 weeks of
  364  the first violation, the court must direct the Department of
  365  Highway Safety and Motor Vehicles to withhold issuance of or
  366  suspend or revoke the person’s driver license or driving
  367  privilege, as provided in s. 322.056.
  368  
  369  Any second or subsequent violation not within the 12-week time
  370  period after the first violation is punishable as provided for a
  371  first violation.
  372         (1)(2) It is unlawful for any person under 21 18 years of
  373  age to misrepresent his or her age or military service for the
  374  purpose of inducing a dealer or an agent or employee of the
  375  dealer to sell, give, barter, furnish, or deliver any tobacco
  376  product, or to purchase, or attempt to purchase, any tobacco
  377  product from a person or a vending machine. Any person under 18
  378  years of age who violates a provision of this subsection commits
  379  a noncriminal violation as provided in s. 775.08(3), punishable
  380  by:
  381         (a)For a first violation, 16 hours of community service
  382  or, instead of community service, a $25 fine and, in addition,
  383  the person must attend a school-approved anti-tobacco program,
  384  if available;
  385         (b)For a second violation within 12 weeks of the first
  386  violation, a $25 fine; or
  387         (c)For a third or subsequent violation within 12 weeks of
  388  the first violation, the court must direct the Department of
  389  Highway Safety and Motor Vehicles to withhold issuance of or
  390  suspend or revoke the person’s driver license or driving
  391  privilege, as provided in s. 322.056.
  392  
  393  Any second or subsequent violation not within the 12-week time
  394  period after the first violation is punishable as provided for a
  395  first violation.
  396         (3)Any person under 18 years of age cited for committing a
  397  noncriminal violation under this section must sign and accept a
  398  civil citation indicating a promise to appear before the county
  399  court or comply with the requirement for paying the fine and
  400  must attend a school-approved anti-tobacco program, if locally
  401  available. If a fine is assessed for a violation of this
  402  section, the fine must be paid within 30 days after the date of
  403  the citation or, if a court appearance is mandatory, within 30
  404  days after the date of the hearing.
  405         (2)(4) A person charged with a noncriminal violation under
  406  this section must appear before the county court or comply with
  407  the requirement for paying the fine. The court, after a hearing,
  408  shall make a determination as to whether the noncriminal
  409  violation was committed. If the court finds the violation was
  410  committed, it shall impose an appropriate penalty as specified
  411  in subsection (3).
  412         (3) Any person who violates subsection (1) commits a
  413  noncriminal violation and must serve at least 20 hours of
  414  community service. Any person who violates subsection (1) a
  415  second or subsequent time within 1 year of the first violation
  416  commits a noncriminal violation and must serve at least 40 hours
  417  of community service (1) or subsection (2). A person who
  418  participates in community service shall be considered an
  419  employee of the state for the purpose of chapter 440, for the
  420  duration of such service.
  421         (5)(a)If a person under 18 years of age is found by the
  422  court to have committed a noncriminal violation under this
  423  section and that person has failed to complete community
  424  service, pay the fine as required by paragraph (1)(a) or
  425  paragraph (2)(a), or attend a school-approved anti-tobacco
  426  program, if locally available, the court must direct the
  427  Department of Highway Safety and Motor Vehicles to withhold
  428  issuance of or suspend the driver license or driving privilege
  429  of that person for a period of 30 consecutive days.
  430         (b)If a person under 18 years of age is found by the court
  431  to have committed a noncriminal violation under this section and
  432  that person has failed to pay the applicable fine as required by
  433  paragraph (1)(b) or paragraph (2)(b), the court must direct the
  434  Department of Highway Safety and Motor Vehicles to withhold
  435  issuance of or suspend the driver license or driving privilege
  436  of that person for a period of 45 consecutive days.
  437         (6)Eighty percent of all civil penalties received by a
  438  county court pursuant to this section shall be remitted by the
  439  clerk of the court to the Department of Revenue for transfer to
  440  the Department of Education to provide for teacher training and
  441  for research and evaluation to reduce and prevent the use of
  442  tobacco products by children. The remaining 20 percent of civil
  443  penalties received by a county court pursuant to this section
  444  shall remain with the clerk of the county court to cover
  445  administrative costs.
  446         Section 11. Paragraph (b) of subsection (2) and subsection
  447  (3) of section 569.12, Florida Statutes, are amended to read:
  448         569.12 Jurisdiction; tobacco product enforcement officers
  449  or agents; enforcement.—
  450         (2)
  451         (b) A tobacco product enforcement officer is authorized to
  452  issue a citation to a person under the age of 21 18 when, based
  453  upon personal investigation, the officer has reasonable cause to
  454  believe that the person has committed a civil infraction in
  455  violation of s. 386.212 or s. 569.11.
  456         (3) A correctional probation officer as defined in s.
  457  943.10(3) is authorized to issue a citation to a person under
  458  the age of 21 18 when, based upon personal investigation, the
  459  officer has reasonable cause to believe that the person has
  460  committed a civil infraction in violation of s. 569.11.
  461         Section 12. Section 569.14, Florida Statutes, is amended to
  462  read:
  463         569.14 Posting of a sign stating that the sale of tobacco
  464  products to persons under 21 18 years of age is unlawful;
  465  enforcement; penalty.—
  466         (1) A dealer that sells tobacco products shall post a clear
  467  and conspicuous sign in each place of business where such
  468  products are sold which substantially states the following:
  469  THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21 18
  470  IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
  471         (2)A dealer that sells tobacco products and nicotine
  472  products or nicotine dispensing devices, as defined in s.
  473  877.112, may use a sign that substantially states the following:
  474  THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE
  475  DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 IS AGAINST
  476  FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
  477  A dealer that uses a sign as described in this subsection meets
  478  the signage requirements of subsection (1) and s. 877.112.
  479         (2)(3) The division shall make available to dealers of
  480  tobacco products signs that meet the requirements of subsection
  481  (1) or subsection (2).
  482         (3)(4) Any dealer that sells tobacco products shall provide
  483  at the checkout counter in a location clearly visible to the
  484  dealer or the dealer’s agent or employee instructional material
  485  in a calendar format or similar format to assist in determining
  486  whether a person is of legal age to be sold purchase tobacco
  487  products. This point of sale material must contain substantially
  488  the following language:
  489                IF YOU WERE NOT BORN BEFORE THIS DATE              
  490                  (insert date and applicable year)                
  491              YOU CANNOT BE SOLD BUY TOBACCO PRODUCTS.             
  492  Upon approval by the division, in lieu of a calendar a dealer
  493  may use card readers, scanners, or other electronic or automated
  494  systems that can verify whether a person is of legal age to
  495  purchase tobacco products. Failure to comply with the provisions
  496  contained in this subsection shall result in imposition of
  497  administrative penalties as provided in s. 569.006.
  498         (4)(5) The division, through its agents and inspectors,
  499  shall enforce this section.
  500         (5)(6) Any person who fails to comply with subsection (1)
  501  is guilty of a misdemeanor of the second degree, punishable as
  502  provided in s. 775.082 or s. 775.083.
  503         Section 13. Subsection (4) of section 569.19, Florida
  504  Statutes, is amended to read:
  505         569.19 Annual report.—The division shall report annually
  506  with written findings to the Legislature and the Governor by
  507  December 31, on the progress of implementing the enforcement
  508  provisions of this chapter. This must include, but is not
  509  limited to:
  510         (4) The number of persons under age 21 18 cited for
  511  violations of s. 569.11 and sanctions imposed as a result of
  512  citation.
  513         Section 14. Section 877.112, Florida Statutes, is repealed.
  514         Section 15. This act shall take effect October 1, 2018.

feedback