Bill Text: FL S1618 | 2019 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Tobacco and Nicotine Products
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Messages [S1618 Detail]
Download: Florida-2019-S1618-Comm_Sub.html
Bill Title: Tobacco and Nicotine Products
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Messages [S1618 Detail]
Download: Florida-2019-S1618-Comm_Sub.html
Florida Senate - 2019 CS for SB 1618
By the Committee on Innovation, Industry, and Technology; and
Senators Simmons, Cruz, Mayfield, and Broxson
580-03768-19 20191618c1
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 under
10 which it is unlawful to smoke in, on, or near school
11 property; amending s. 569.002, F.S.; defining the
12 terms “the minimum age for purchase” and “electronic
13 smoking device”; redefining the term “tobacco
14 products”; deleting exemptions relating to tobacco
15 products for persons under a certain age who meet
16 specified requirements related to disability of
17 nonage, military service, emancipation by a court and
18 release from parental care and responsibility, and
19 acting within the scope of lawful employment with
20 certain entities; amending s. 569.007, F.S.;
21 conforming provisions relating to the sale of tobacco
22 products to federal law; providing an exception to
23 laws relating to the sale of tobacco products for
24 establishments that prohibit persons under 21 years of
25 age from being on the licensed premises; amending s.
26 569.0075, F.S.; revising the age under which the gift
27 of tobacco products to a person by certain entities is
28 prohibited; amending s. 569.008, F.S.; revising
29 legislative intent to reflect that the Legislature
30 intends to prevent the sale of certain tobacco
31 products to persons under a specified age; eliminating
32 the division’s authority to mitigate penalties imposed
33 against a dealer for certain violations; amending s.
34 569.101, F.S.; revising the age limitation that
35 applies to the sale, delivery, bartering, furnishing,
36 or giving of certain tobacco products; revising
37 penalties for violations; conforming the age specified
38 in provisions related to a complete defense for
39 persons charged with certain violations; amending s.
40 569.11, F.S.; deleting provisions prohibiting persons
41 under 18 years of age from possessing tobacco
42 products; conforming the age specified for
43 misrepresentation of age to unlawfully acquire tobacco
44 products; revising the penalties for certain persons
45 who misrepresent their age; deleting a provision
46 requiring a person participating in community service
47 to be considered an employee of the state for certain
48 purposes; conforming a provision to changes made by
49 the act; amending ss. 569.12, 569.14, and 569.19,
50 F.S.; conforming provisions to changes made by the
51 act; repealing s. 877.112, F.S., relating to
52 restrictions on the sale and delivery of nicotine
53 products and nicotine dispensing devices; providing an
54 effective date.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. This act may be cited as the “Tobacco 21 Act.”
59 Section 2. Subsection (5) and paragraphs (e) and (g) of
60 subsection (8) of section 210.095, Florida Statutes, are amended
61 to read:
62 210.095 Mail order, Internet, and remote sales of tobacco
63 products; age verification.—
64 (5) Each person who mails, ships, or otherwise delivers
65 tobacco products in connection with an order for a delivery sale
66 must:
67 (a) Include as part of the shipping documents, in a clear
68 and conspicuous manner, the following statement: “Tobacco
69 Products: Florida law prohibits shipping cigars to individuals
70 under 18 years of age, and prohibits shipping any other tobacco
71 product to individuals under 21 years of age and requires the
72 payment of all applicable taxes.”
73 (b) Use a method of mailing, shipping, or delivery which
74 obligates the delivery service to require:
75 1. The individual submitting the order for the delivery
76 sale or another adult who resides at the individual’s address to
77 sign his or her name to accept delivery of the shipping
78 container. Proof of the legal minimum purchase age of the
79 individual accepting delivery is required only if the individual
80 appears to be under 27 years of age.
81 2. Proof that the individual is either the addressee or the
82 adult designated by the addressee, in the form of a valid,
83 government-issued identification card bearing a photograph of
84 the individual who signs to accept delivery of the shipping
85 container.
86 (c) Provide to the delivery service, if such service is
87 used, evidence of full compliance with subsection (7).
88
89 Any person who violates paragraph (a) commits a noncriminal
90 violation and must serve at least 20 hours of community service.
91 Any person who violates paragraph (a) a second or subsequent
92 time within 1 year of the first violation commits a noncriminal
93 violation and must serve at least 40 hours of community service
94 If the person accepting a purchase order for a delivery sale
95 delivers the tobacco products without using a delivery service,
96 the person must comply with all of the requirements of this
97 section which apply to a delivery service. Any failure to comply
98 with a requirement of this section constitutes a violation
99 thereof.
100 (8)
101 (e) A person who, in connection with a delivery sale,
102 delivers tobacco products on behalf of a delivery service to an
103 individual who is not an adult commits a misdemeanor of the
104 second third degree, punishable as provided in s. 775.082 or s.
105 775.083.
106 (g) An individual who is not an adult and who knowingly
107 violates any provision of this section commits a misdemeanor of
108 the third degree, punishable as provided in s. 775.082 or s.
109 775.083.
110 Section 3. Section 322.056, Florida Statutes, is amended to
111 read:
112 322.056 Mandatory revocation or suspension of, or delay of
113 eligibility for, driver license for persons under age 18 found
114 guilty of certain alcohol or, drug, or tobacco offenses;
115 prohibition.—
116 (1) Notwithstanding the provisions of s. 322.055, if a
117 person under 18 years of age is found guilty of or delinquent
118 for a violation of s. 562.11(2), s. 562.111, or chapter 893,
119 and:
120 (a) The person is eligible by reason of age for a driver
121 license or driving privilege, the court shall direct the
122 department to revoke or to withhold issuance of his or her
123 driver license or driving privilege for a period of:
124 1. Not less than 6 months and not more than 1 year for the
125 first violation.
126 2. Two years, for a subsequent violation.
127 (b) The person’s driver license or driving privilege is
128 under suspension or revocation for any reason, the court shall
129 direct the department to extend the period of suspension or
130 revocation by an additional period of:
131 1. Not less than 6 months and not more than 1 year for the
132 first violation.
133 2. Two years, for a subsequent violation.
134 (c) The person is ineligible by reason of age for a driver
135 license or driving privilege, the court shall direct the
136 department to withhold issuance of his or her driver license or
137 driving privilege for a period of:
138 1. Not less than 6 months and not more than 1 year after
139 the date on which he or she would otherwise have become
140 eligible, for the first violation.
141 2. Two years after the date on which he or she would
142 otherwise have become eligible, for a subsequent violation.
143
144 However, the court may, in its sound discretion, direct the
145 department to issue a license for driving privileges restricted
146 to business or employment purposes only, as defined in s.
147 322.271, if the person is otherwise qualified for such a
148 license.
149 (2) If a person under 18 years of age is found by the court
150 to have committed a noncriminal violation under s. 569.11 or s.
151 877.112(6) or (7) and that person has failed to comply with the
152 procedures established in that section by failing to fulfill
153 community service requirements, failing to pay the applicable
154 fine, or failing to attend a locally available school-approved
155 anti-tobacco program, and:
156 (a) The person is eligible by reason of age for a driver
157 license or driving privilege, the court shall direct the
158 department to revoke or to withhold issuance of his or her
159 driver license or driving privilege as follows:
160 1. For the first violation, for 30 days.
161 2. For the second violation within 12 weeks of the first
162 violation, for 45 days.
163 (b) The person’s driver license or driving privilege is
164 under suspension or revocation for any reason, the court shall
165 direct the department to extend the period of suspension or
166 revocation by an additional period as follows:
167 1. For the first violation, for 30 days.
168 2. For the second violation within 12 weeks of the first
169 violation, for 45 days.
170 (c) The person is ineligible by reason of age for a driver
171 license or driving privilege, the court shall direct the
172 department to withhold issuance of his or her driver license or
173 driving privilege as follows:
174 1. For the first violation, for 30 days.
175 2. For the second violation within 12 weeks of the first
176 violation, for 45 days.
177
178 Any second violation of s. 569.11 or s. 877.112(6) or (7) not
179 within the 12-week period after the first violation will be
180 treated as a first violation and in the same manner as provided
181 in this subsection.
182 (3) If a person under 18 years of age is found by the court
183 to have committed a third violation of s. 569.11 or s.
184 877.112(6) or (7) within 12 weeks of the first violation, the
185 court must direct the Department of Highway Safety and Motor
186 Vehicles to suspend or withhold issuance of his or her driver
187 license or driving privilege for 60 consecutive days. Any third
188 violation of s. 569.11 or s. 877.112(6) or (7) not within the
189 12-week period after the first violation will be treated as a
190 first violation and in the same manner as provided in subsection
191 (2).
192 (2)(4) A penalty imposed under this section shall be in
193 addition to any other penalty imposed by law.
194 (5) The suspension or revocation of a person’s driver
195 license imposed pursuant to subsection (2) or subsection (3),
196 shall not result in or be cause for an increase of the convicted
197 person’s, or his or her parent’s or legal guardian’s, automobile
198 insurance rate or premium or result in points assessed against
199 the person’s driving record.
200 Section 4. Subsection (1) of section 386.212, Florida
201 Statutes, is amended to read:
202 386.212 Smoking prohibited near school property; penalty.—
203 (1) It is unlawful for any person under 18 years of age to
204 smoke a cigar, or any person under 21 years of age to smoke any
205 other tobacco product, in, on, or within 1,000 feet of the real
206 property comprising a public or private elementary, middle, or
207 secondary school between the hours of 6 a.m. and midnight. This
208 section does not apply to any person occupying a moving vehicle
209 or within a private residence.
210 Section 5. Present subsections (3), (4), and (5) of section
211 569.002, Florida Statutes, are redesignated as subsections (5),
212 (6), and (7), respectively, present subsections (6) and (7) of
213 that section are amended, and new subsections (3) and (4) are
214 added to that section, to read:
215 569.002 Definitions.—As used in this chapter, the term:
216 (3) “Electronic smoking device” means any device that can
217 be used to deliver aerosolized or vaporized nicotine to the
218 person inhaling from the device, including, but not limited to,
219 an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term
220 includes any component, part, or accessory of such a device,
221 sold separately or with the device, and includes any substance
222 intended to be aerosolized or vaporized during the use of the
223 device. The term does not include drugs, devices, or combination
224 products authorized for sale by the United States Food and Drug
225 Administration, as those terms are defined in the Federal Food,
226 Drug, and Cosmetic Act.
227 (4) “The minimum age for purchase” means 18 years of age
228 for cigars and 21 years of age for any other tobacco product.
229 (8)(6) “Tobacco products” means any product that is made
230 from or derived from tobacco or that contains nicotine and is
231 intended for human consumption or is likely to be consumed,
232 whether smoked, heated, chewed, absorbed, dissolved, inhaled, or
233 ingested by any other means, including, but not limited to, a
234 cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
235 snus. The term includes electronic smoking devices and any
236 component or accessory used in the consumption of a tobacco
237 product, such as filters, rolling papers, pipes, and liquids
238 used in electronic smoking devices, whether or not they contain
239 nicotine. The term does not include drugs, devices, or
240 combination products authorized for sale by the United States
241 Food and Drug Administration, as those terms are defined in the
242 Federal Food, Drug, and Cosmetic Act includes loose tobacco
243 leaves, and products made from tobacco leaves, in whole or in
244 part, and cigarette wrappers, which can be used for smoking,
245 sniffing, or chewing.
246 (7) “Any person under the age of 18” does not include any
247 person under the age of 18 who:
248 (a) Has had his or her disability of nonage removed under
249 chapter 743;
250 (b) Is in the military reserve or on active duty in the
251 Armed Forces of the United States;
252 (c) Is otherwise emancipated by a court of competent
253 jurisdiction and released from parental care and responsibility;
254 or
255 (d) Is acting in his or her scope of lawful employment with
256 an entity licensed under the provisions of chapter 210 or this
257 chapter.
258 Section 6. Subsections (3) through (5) of section 569.007,
259 Florida Statutes, are redesignated as subsections (2) through
260 (4), respectively, and subsection (1) and present subsection (2)
261 of that section are amended, to read:
262 569.007 Sale or delivery of tobacco products;
263 restrictions.—
264 (1) In order to prevent persons under the minimum age for
265 purchase 18 years of age from purchasing or receiving tobacco
266 products, the sale or delivery of tobacco products is
267 prohibited, except when the tobacco products are sold from
268 behind a counter and are required to be retrieved and hand
269 delivered by an employee to the consumer. Sales from a vending
270 machine are prohibited. This section does not apply to an
271 establishment that prohibits persons under 21 years of age on
272 the licensed premises:
273 (a) When under the direct control or line of sight of the
274 dealer or the dealer’s agent or employee; or
275 (b) Sales from a vending machine are prohibited under the
276 provisions of paragraph (1)(a) and are only permissible from a
277 machine that is equipped with an operational lockout device
278 which is under the control of the dealer or the dealer’s agent
279 or employee who directly regulates the sale of items through the
280 machine by triggering the lockout device to allow the dispensing
281 of one tobacco product. The lockout device must include a
282 mechanism to prevent the machine from functioning if the power
283 source for the lockout device fails or if the lockout device is
284 disabled, and a mechanism to ensure that only one tobacco
285 product is dispensed at a time.
286 (2) The provisions of subsection (1) shall not apply to an
287 establishment that prohibits persons under 18 years of age on
288 the licensed premises.
289 Section 7. Section 569.0075, Florida Statutes, is amended
290 to read:
291 569.0075 Gift of sample tobacco products prohibited.—The
292 gift of sample tobacco products to any person under the minimum
293 age for purchase of 18 by an entity licensed or permitted under
294 the provisions of chapter 210 or this chapter, or by an employee
295 of such entity, is prohibited and is punishable as provided in
296 s. 569.101.
297 Section 8. Subsections (1), (2), and (3) of section
298 569.008, Florida Statutes, are amended to read:
299 569.008 Responsible retail tobacco products dealers;
300 qualifications; mitigation of disciplinary penalties; diligent
301 management and supervision; presumption.—
302 (1) The Legislature intends to prevent the sale of tobacco
303 products to persons under the minimum age for purchase 18 years
304 of age and to encourage retail tobacco products dealers to
305 comply with responsible practices in accordance with this
306 section.
307 (2) To qualify as a responsible retail tobacco products
308 dealer, the dealer must establish and implement procedures
309 designed to ensure that the dealer’s employees comply with the
310 provisions of this chapter. The dealer must provide a training
311 program for the dealer’s employees which addresses the use and
312 sale of tobacco products and which includes at least the
313 following topics:
314 (a) Laws covering the sale of tobacco products.
315 (b) Methods of recognizing and handling customers under the
316 minimum age for purchase 18 years of age.
317 (c) Procedures for proper examination of identification
318 cards in order to verify that customers are not under the
319 minimum age for purchase 18 years of age.
320 (d) The use of the age audit identification function on
321 electronic point-of-sale equipment, where available.
322 (3) In determining penalties under s. 569.006, the division
323 may mitigate penalties imposed against a dealer because of an
324 employee’s illegal sale of a tobacco product to a person under
325 18 years of age if the following conditions are met:
326 (a) The dealer is qualified as a responsible dealer under
327 this section.
328 (b) The dealer provided the training program required under
329 subsection (2) to that employee before the illegal sale
330 occurred.
331 (c) The dealer had no knowledge of that employee’s
332 violation at the time of the violation and did not direct,
333 approve, or participate in the violation.
334 (d) If the sale was made through a vending machine, the
335 machine was equipped with an operational lock-out device.
336 Section 9. Section 569.101, Florida Statutes, is amended to
337 read:
338 569.101 Selling, delivering, bartering, furnishing, or
339 giving tobacco products to persons under the minimum age for
340 purchase 18 years of age; criminal penalties; defense.—
341 (1) It is unlawful to sell, deliver, barter, furnish, or
342 give, directly or indirectly, to any person who is under the
343 minimum age for purchase 18 years of age, any tobacco product.
344 (2) Any person who violates subsection (1) commits a
345 noncriminal violation punishable by a fine of not more than $500
346 misdemeanor of the second degree, punishable as provided in s.
347 775.082 or s. 775.083. However, any person who violates
348 subsection (1) for a second or subsequent time within 1 year of
349 the first violation, commits a noncriminal violation punishable
350 by a fine of not more than $1,000 misdemeanor of the first
351 degree, punishable as provided in s. 775.082 or s. 775.083.
352 (3) A person charged with a violation of subsection (1) has
353 a complete defense if, at the time the tobacco product was sold,
354 delivered, bartered, furnished, or given:
355 (a) The buyer or recipient falsely evidenced that she or he
356 was the minimum age for purchase 18 years of age or older;
357 (b) The appearance of the buyer or recipient was such that
358 a prudent person would believe the buyer or recipient to be the
359 minimum age for purchase 18 years of age or older; and
360 (c) Such person carefully checked a driver license or an
361 identification card issued by this state or another state of the
362 United States, a passport, or a United States armed services
363 identification card presented by the buyer or recipient and
364 acted in good faith and in reliance upon the representation and
365 appearance of the buyer or recipient in the belief that the
366 buyer or recipient was 21 18 years of age or older.
367 Section 10. Section 569.11, Florida Statutes, is amended to
368 read:
369 569.11 Possession, Misrepresenting age or military service
370 to purchase, and purchasing purchase of tobacco products by
371 persons under the minimum age for purchase 18 years of age
372 prohibited; penalties; jurisdiction; disposition of fines.—
373 (1) It is unlawful for any person under 18 years of age to
374 knowingly possess any tobacco product. Any person under 18 years
375 of age who violates the provisions of this subsection commits a
376 noncriminal violation as provided in s. 775.08(3), punishable
377 by:
378 (a) For a first violation, 16 hours of community service
379 or, instead of community service, a $25 fine. In addition, the
380 person must attend a school-approved anti-tobacco program, if
381 locally available;
382 (b) For a second violation within 12 weeks of the first
383 violation, a $25 fine; or
384 (c) For a third or subsequent violation within 12 weeks of
385 the first violation, the court must direct the Department of
386 Highway Safety and Motor Vehicles to withhold issuance of or
387 suspend or revoke the person’s driver license or driving
388 privilege, as provided in s. 322.056.
389
390 Any second or subsequent violation not within the 12-week time
391 period after the first violation is punishable as provided for a
392 first violation.
393 (1)(2) It is unlawful for any person under the minimum age
394 for purchase 18 years of age to misrepresent his or her age or
395 military service for the purpose of inducing a dealer or an
396 agent or employee of the dealer to sell, give, barter, furnish,
397 or deliver any tobacco product, or to purchase, or attempt to
398 purchase, any tobacco product from a person or a vending
399 machine. Any person under 18 years of age who violates a
400 provision of this subsection commits a noncriminal violation as
401 provided in s. 775.08(3), punishable by:
402 (a) For a first violation, 16 hours of community service
403 or, instead of community service, a $25 fine and, in addition,
404 the person must attend a school-approved anti-tobacco program,
405 if available;
406 (b) For a second violation within 12 weeks of the first
407 violation, a $25 fine; or
408 (c) For a third or subsequent violation within 12 weeks of
409 the first violation, the court must direct the Department of
410 Highway Safety and Motor Vehicles to withhold issuance of or
411 suspend or revoke the person’s driver license or driving
412 privilege, as provided in s. 322.056.
413
414 Any second or subsequent violation not within the 12-week time
415 period after the first violation is punishable as provided for a
416 first violation.
417 (3) Any person under 18 years of age cited for committing a
418 noncriminal violation under this section must sign and accept a
419 civil citation indicating a promise to appear before the county
420 court or comply with the requirement for paying the fine and
421 must attend a school-approved anti-tobacco program, if locally
422 available. If a fine is assessed for a violation of this
423 section, the fine must be paid within 30 days after the date of
424 the citation or, if a court appearance is mandatory, within 30
425 days after the date of the hearing.
426 (2)(4) A person charged with a noncriminal violation under
427 this section must appear before the county court or comply with
428 the requirement for paying the fine. The court, after a hearing,
429 shall make a determination as to whether the noncriminal
430 violation was committed. If the court finds the violation was
431 committed, it shall impose an appropriate penalty as specified
432 in subsection (3).
433 (3) Any person who violates subsection (1) commits a
434 noncriminal violation and must serve at least 20 hours of
435 community service. Any person who violates subsection (1) a
436 second or subsequent time within 1 year of the first violation
437 commits a noncriminal violation and must serve at least 40 hours
438 of community service (1) or subsection (2). A person who
439 participates in community service shall be considered an
440 employee of the state for the purpose of chapter 440, for the
441 duration of such service.
442 (5)(a) If a person under 18 years of age is found by the
443 court to have committed a noncriminal violation under this
444 section and that person has failed to complete community
445 service, pay the fine as required by paragraph (1)(a) or
446 paragraph (2)(a), or attend a school-approved anti-tobacco
447 program, if locally available, the court must direct the
448 Department of Highway Safety and Motor Vehicles to withhold
449 issuance of or suspend the driver license or driving privilege
450 of that person for a period of 30 consecutive days.
451 (b) If a person under 18 years of age is found by the court
452 to have committed a noncriminal violation under this section and
453 that person has failed to pay the applicable fine as required by
454 paragraph (1)(b) or paragraph (2)(b), the court must direct the
455 Department of Highway Safety and Motor Vehicles to withhold
456 issuance of or suspend the driver license or driving privilege
457 of that person for a period of 45 consecutive days.
458 (6) Eighty percent of all civil penalties received by a
459 county court pursuant to this section shall be remitted by the
460 clerk of the court to the Department of Revenue for transfer to
461 the Department of Education to provide for teacher training and
462 for research and evaluation to reduce and prevent the use of
463 tobacco products by children. The remaining 20 percent of civil
464 penalties received by a county court pursuant to this section
465 shall remain with the clerk of the county court to cover
466 administrative costs.
467 Section 11. Paragraph (b) of subsection (2) and subsection
468 (3) of section 569.12, Florida Statutes, are amended to read:
469 569.12 Jurisdiction; tobacco product enforcement officers
470 or agents; enforcement.—
471 (2)
472 (b) A tobacco product enforcement officer is authorized to
473 issue a citation to a person under the minimum age for purchase
474 of 18 when, based upon personal investigation, the officer has
475 reasonable cause to believe that the person has committed a
476 civil infraction in violation of s. 386.212 or s. 569.11.
477 (3) A correctional probation officer as defined in s.
478 943.10(3) is authorized to issue a citation to a person under
479 the minimum age for purchase of 18 when, based upon personal
480 investigation, the officer has reasonable cause to believe that
481 the person has committed a civil infraction in violation of s.
482 569.11.
483 Section 12. Section 569.14, Florida Statutes, is amended to
484 read:
485 569.14 Posting of a sign stating that the sale of tobacco
486 products to persons under the minimum age for purchase 18 years
487 of age is unlawful; enforcement; penalty.—
488 (1) A dealer that sells tobacco products shall post a clear
489 and conspicuous sign in each place of business where such
490 products are sold which substantially states the following:
491
492 THE SALE OF CIGARS TO PERSONS UNDER THE AGE OF 18, OR
493 ANY OTHER TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF
494 21, 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
495 REQUIRED FOR PURCHASE.
496
497 (2) A dealer that sells tobacco products and nicotine
498 products or nicotine dispensing devices, as defined in s.
499 877.112, may use a sign that substantially states the following:
500
501 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
502 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
503 OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
504 FOR PURCHASE.
505
506 A dealer that uses a sign as described in this subsection meets
507 the signage requirements of subsection (1) and s. 877.112.
508 (2)(3) The division shall make available to dealers of
509 tobacco products signs that meet the requirements of subsection
510 (1) or subsection (2).
511 (3)(4) Any dealer that sells tobacco products shall provide
512 at the checkout counter in a location clearly visible to the
513 dealer or the dealer’s agent or employee instructional material
514 in a calendar format or similar format to assist in determining
515 whether a person is of legal age to be sold purchase tobacco
516 products. This point of sale material must contain substantially
517 the following language:
518
519 IF YOU WERE NOT BORN BEFORE THIS DATE
520 (insert date and applicable year)
521 YOU CANNOT BE SOLD ANY CIGARS.
522
523 IF YOU WERE NOT BORN BEFORE THIS DATE
524 (insert date and applicable year)
525 YOU CANNOT BE SOLD ANY OTHER BUY TOBACCO PRODUCTS.
526
527 Upon approval by the division, in lieu of a calendar a dealer
528 may use card readers, scanners, or other electronic or automated
529 systems that can verify whether a person is of legal age to
530 purchase tobacco products. Failure to comply with the provisions
531 contained in this subsection shall result in imposition of
532 administrative penalties as provided in s. 569.006.
533 (4)(5) The division, through its agents and inspectors,
534 shall enforce this section.
535 (5)(6) Any person who fails to comply with subsection (1)
536 is guilty of a misdemeanor of the second degree, punishable as
537 provided in s. 775.082 or s. 775.083.
538 Section 13. Subsection (4) of section 569.19, Florida
539 Statutes, is amended to read:
540 569.19 Annual report.—The division shall report annually
541 with written findings to the Legislature and the Governor by
542 December 31, on the progress of implementing the enforcement
543 provisions of this chapter. This must include, but is not
544 limited to:
545 (4) The number of persons under the minimum age for
546 purchase 18 cited for violations of s. 569.11 and sanctions
547 imposed as a result of citation.
548 Section 14. Section 877.112, Florida Statutes, is repealed.
549 Section 15. This act shall take effect October 1, 2019.
