Florida Senate - 2014 CS for SB 224 By the Committee on Regulated Industries; and Senators Benacquisto, Latvala, Sobel, and Flores 580-00643-14 2014224c1 1 A bill to be entitled 2 An act relating to nicotine dispensing devices; 3 amending s. 569.002, F.S.; providing a definition; 4 amending s. 569.0075, F.S.; prohibiting the gift of 5 sample nicotine dispensing devices to persons under 18 6 years of age; amending s. 569.101, F.S.; prohibiting 7 the selling, delivering, bartering, furnishing, or 8 giving of nicotine dispensing devices to persons under 9 18 years of age, to which penalties apply; amending s. 10 569.11, F.S.; prohibiting persons under 18 years of 11 age from possessing, purchasing, or misrepresenting 12 their age or military service to purchase nicotine 13 dispensing devices; providing civil penalties; 14 amending s. 569.14, F.S.; requiring certain signage 15 where a dealer sells nicotine dispensing devices; 16 amending s. 569.19, F.S.; requiring the Division of 17 Alcoholic Beverages and Tobacco of the Department of 18 Business and Professional Regulation to submit the 19 number of violations for selling nicotine dispensing 20 devices in its annual report; providing an effective 21 date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Subsection (8) is added to section 569.002, 26 Florida Statutes, to read: 27 569.002 Definitions.—As used in this chapter, the term: 28 (8) “Nicotine dispensing devices” mean any product that can 29 be used to deliver nicotine to an individual by inhaling 30 vaporized nicotine from the product, including, but not limited 31 to, an electronic cigarette, electronic cigar, electronic 32 cigarillo, electronic pipe, or other similar device or product 33 and any replacement nicotine cartridge for the device or 34 product. 35 Section 2. Section 569.0075, Florida Statutes, is amended 36 to read: 37 569.0075 Gift of sample tobacco products or sample nicotine 38 dispensing devices prohibited.—The gift of sample tobacco 39 products or sample nicotine dispensing devices to any person 40 under the age of 18 by an entity licensed or permitted under the 41 provisions of chapter 210 or this chapter, or by an employee of 42 such entity, is prohibited and is punishable as provided in s. 43 569.101. 44 Section 3. Subsections (1) and (3) of section 569.101, 45 Florida Statutes, are amended to read: 46 569.101 Selling, delivering, bartering, furnishing, or 47 giving tobacco products or nicotine dispensing devices to 48 persons under 18 years of age; criminal penalties; defense.— 49 (1) It is unlawful to sell, deliver, barter, furnish, or 50 give, directly or indirectly, to any person who is under 18 51 years of age, any tobacco product or nicotine dispensing device. 52 (3) A person charged with a violation of subsection (1) has 53 a complete defense if, at the time the tobacco product or 54 nicotine dispensing device was sold, delivered, bartered, 55 furnished, or given: 56 (a) The buyer or recipient falsely evidenced that she or he 57 was 18 years of age or older; 58 (b) The appearance of the buyer or recipient was such that 59 a prudent person would believe the buyer or recipient to be 18 60 years of age or older; and 61 (c) Such person carefully checked a driver’s license or an 62 identification card issued by this state or another state of the 63 United States, a passport, or a United States armed services 64 identification card presented by the buyer or recipient and 65 acted in good faith and in reliance upon the representation and 66 appearance of the buyer or recipient in the belief that the 67 buyer or recipient was 18 years of age or older. 68 Section 4. Subsections (1), (2), and (6) of section 569.11, 69 Florida Statutes, are amended to read: 70 569.11 Possession, misrepresenting age or military service 71 to purchase, and purchase of tobacco products or nicotine 72 dispensing devices by persons under 18 years of age prohibited; 73 penalties; jurisdiction; disposition of fines.— 74 (1) It is unlawful for any person under 18 years of age to 75 knowingly possess any tobacco product or nicotine dispensing 76 device. Any person under 18 years of age who violates the 77 provisions of this subsection commits a noncriminal violation as 78 provided in s. 775.08(3), punishable by: 79 (a) For a first violation, 16 hours of community service 80 or, instead of community service, a $25 fine. In addition, the 81 person must attend a school-approved anti-tobacco and nicotine 82 program, if locally available; 83 (b) For a second violation within 12 weeks of the first 84 violation, a $25 fine; or 85 (c) For a third or subsequent violation within 12 weeks of 86 the first violation, the court must direct the Department of 87 Highway Safety and Motor Vehicles to withhold issuance of or 88 suspend or revoke the person’s driver’s license or driving 89 privilege, as provided in s. 322.056. 90 91 Any second or subsequent violation not within the 12-week time 92 period after the first violation is punishable as provided for a 93 first violation. 94 (2) It is unlawful for any person under 18 years of age to 95 misrepresent his or her age or military service for the purpose 96 of inducing a dealer or an agent or employee of the dealer to 97 sell, give, barter, furnish, or deliver any tobacco product or 98 nicotine dispensing device, or to purchase, or attempt to 99 purchase, any tobacco product or nicotine dispensing device from 100 a person or a vending machine. Any person under 18 years of age 101 who violates a provision of this subsection commits a 102 noncriminal violation as provided in s. 775.08(3), punishable 103 by: 104 (a) For a first violation, 16 hours of community service 105 or, instead of community service, a $25 fine and, in addition, 106 the person must attend a school-approved anti-tobacco and 107 nicotine program, if available; 108 (b) For a second violation within 12 weeks of the first 109 violation, a $25 fine; or 110 (c) For a third or subsequent violation within 12 weeks of 111 the first violation, the court must direct the Department of 112 Highway Safety and Motor Vehicles to withhold issuance of or 113 suspend or revoke the person’s driver’s license or driving 114 privilege, as provided in s. 322.056. 115 116 Any second or subsequent violation not within the 12-week time 117 period after the first violation is punishable as provided for a 118 first violation. 119 (6) Eighty percent of all civil penalties received by a 120 county court pursuant to this section shall be remitted by the 121 clerk of the court to the Department of Revenue for transfer to 122 the Department of Education to provide for teacher training and 123 for research and evaluation to reduce and prevent the use of 124 tobacco products or nicotine dispensing devices by children. The 125 remaining 20 percent of civil penalties received by a county 126 court pursuant to this section shall remain with the clerk of 127 the county court to cover administrative costs. 128 Section 5. Subsections (1), (2), and (3) of section 569.14, 129 Florida Statutes, are amended to read: 130 569.14 Posting of a sign stating that the sale of tobacco 131 products or nicotine dispensing devices to persons under 18 132 years of age is unlawful; enforcement; penalty.— 133 (1) Any dealer that sells tobacco products or nicotine 134 dispensing devices shall post a clear and conspicuous sign in 135 each place of business where such products are sold which 136 substantially states the following: 137 138 THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO 139 PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE 140 IS REQUIRED FOR PURCHASE. 141 142 (2) The division shall make available to dealers of tobacco 143 products or nicotine dispensing devices signs that meet the 144 requirements of subsection (1). 145 (3) Any dealer that sells tobacco products or nicotine 146 dispensing devices shall provide at the checkout counter in a 147 location clearly visible to the dealer, the dealer’s agent or 148 employee, instructional material in a calendar format or similar 149 format to assist in determining whether a person is of legal age 150 to purchase tobacco products or nicotine dispensing devices. 151 This point of sale material must contain substantially the 152 following language: 153 154 IF YOU WERE NOT BORN BEFORE THIS DATE 155 (insert date and applicable year) 156 YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 157 158 Upon approval by the division, in lieu of a calendar a dealer 159 may use card readers, scanners, or other electronic or automated 160 systems that can verify whether a person is of legal age to 161 purchase tobacco products or nicotine dispensing devices. 162 Failure to comply with the provisions contained in this 163 subsection shall result in imposition of administrative 164 penalties as provided in s. 569.006. 165 Section 6. Subsection (3) of section 569.19, Florida 166 Statutes, is amended to read: 167 569.19 Annual report.—The division shall report annually 168 with written findings to the Legislature and the Governor by 169 December 31, on the progress of implementing the enforcement 170 provisions of this chapter. This must include, but is not 171 limited to: 172 (3) The number of violations for selling tobacco products 173 or nicotine dispensing devices to persons under age 18, and the 174 results of administrative hearings on the above and related 175 issues. 176 Section 7. This act shall take effect July 1, 2014.