Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 224
       
       
       
       
       
       
                                Ì755288UÎ755288                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2014           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 569.002,
    6  Florida Statutes, to read:
    7         569.002 Definitions.—As used in this chapter, the term:
    8         (8) “Nicotine dispensing devices” means any product that
    9  can be used to deliver nicotine to an individual by inhaling
   10  vaporized nicotine from the product, including, but not limited
   11  to, an electronic cigarette, electronic cigar, electronic
   12  cigarillo, electronic pipe, or other similar device or product
   13  and any replacement nicotine cartridge for the device or
   14  product.
   15         Section 2. Section 569.0075, Florida Statutes, is amended
   16  to read:
   17         569.0075 Gift of sample tobacco products or sample nicotine
   18  dispensing devices prohibited.—The gift of sample tobacco
   19  products or sample nicotine dispensing devices to any person
   20  under the age of 18 by an entity licensed or permitted under the
   21  provisions of chapter 210 or this chapter, or by an employee of
   22  such entity, is prohibited and is punishable as provided in s.
   23  569.101.
   24         Section 3. Subsections (1) and (3) of section 569.101,
   25  Florida Statutes, are amended to read:
   26         569.101 Selling, delivering, bartering, furnishing, or
   27  giving tobacco products or nicotine dispensing devices to
   28  persons under 18 years of age; criminal penalties; defense.—
   29         (1) It is unlawful to sell, deliver, barter, furnish, or
   30  give, directly or indirectly, to any person who is under 18
   31  years of age, any tobacco product or nicotine dispensing device.
   32         (3) A person charged with a violation of subsection (1) has
   33  a complete defense if, at the time the tobacco product or
   34  nicotine dispensing device was sold, delivered, bartered,
   35  furnished, or given:
   36         (a) The buyer or recipient falsely evidenced that she or he
   37  was 18 years of age or older;
   38         (b) The appearance of the buyer or recipient was such that
   39  a prudent person would believe the buyer or recipient to be 18
   40  years of age or older; and
   41         (c) Such person carefully checked a driver driver’s license
   42  or an identification card issued by this state or another state
   43  of the United States, a passport, or a United States armed
   44  services identification card presented by the buyer or recipient
   45  and acted in good faith and in reliance upon the representation
   46  and appearance of the buyer or recipient in the belief that the
   47  buyer or recipient was 18 years of age or older.
   48         Section 4. Subsections (1), (2), (5), and (6) of section
   49  569.11, Florida Statutes, are amended to read:
   50         569.11 Possession, misrepresenting age or military service
   51  to purchase, and purchase of tobacco products or nicotine
   52  dispensing devices by persons under 18 years of age prohibited;
   53  penalties; jurisdiction; disposition of fines.—
   54         (1) It is unlawful for any person under 18 years of age to
   55  knowingly possess any tobacco product or nicotine dispensing
   56  device. Any person under 18 years of age who violates the
   57  provisions of this subsection commits a noncriminal violation as
   58  provided in s. 775.08(3), punishable by:
   59         (a) For a first violation, 16 hours of community service
   60  or, instead of community service, a $25 fine. In addition, the
   61  person must attend a school-approved anti-tobacco and nicotine
   62  program, if locally available;
   63         (b) For a second violation within 12 weeks of the first
   64  violation, a $25 fine; or
   65         (c) For a third or subsequent violation within 12 weeks of
   66  the first violation, the court must direct the Department of
   67  Highway Safety and Motor Vehicles to withhold issuance of or
   68  suspend or revoke the person’s driver driver’s license or
   69  driving privilege, as provided in s. 322.056.
   70  
   71  Any second or subsequent violation not within the 12-week time
   72  period after the first violation is punishable as provided for a
   73  first violation.
   74         (2) It is unlawful for any person under 18 years of age to
   75  misrepresent his or her age or military service for the purpose
   76  of inducing a dealer or an agent or employee of the dealer to
   77  sell, give, barter, furnish, or deliver any tobacco product or
   78  nicotine dispensing device, or to purchase, or attempt to
   79  purchase, any tobacco product or nicotine dispensing device from
   80  a person or a vending machine. Any person under 18 years of age
   81  who violates a provision of this subsection commits a
   82  noncriminal violation as provided in s. 775.08(3), punishable
   83  by:
   84         (a) For a first violation, 16 hours of community service
   85  or, instead of community service, a $25 fine and, in addition,
   86  the person must attend a school-approved anti-tobacco and
   87  nicotine program, if available;
   88         (b) For a second violation within 12 weeks of the first
   89  violation, a $25 fine; or
   90         (c) For a third or subsequent violation within 12 weeks of
   91  the first violation, the court must direct the Department of
   92  Highway Safety and Motor Vehicles to withhold issuance of or
   93  suspend or revoke the person’s driver driver’s license or
   94  driving privilege, as provided in s. 322.056.
   95  
   96  Any second or subsequent violation not within the 12-week time
   97  period after the first violation is punishable as provided for a
   98  first violation.
   99         (5)(a) If a person under 18 years of age is found by the
  100  court to have committed a noncriminal violation under this
  101  section and that person has failed to complete community
  102  service, pay the fine as required by paragraph (1)(a) or
  103  paragraph (2)(a), or attend a school-approved anti-tobacco
  104  program, if locally available, the court must direct the
  105  Department of Highway Safety and Motor Vehicles to withhold
  106  issuance of or suspend the driver driver’s license or driving
  107  privilege of that person for a period of 30 consecutive days.
  108         (b) If a person under 18 years of age is found by the court
  109  to have committed a noncriminal violation under this section and
  110  that person has failed to pay the applicable fine as required by
  111  paragraph (1)(b) or paragraph (2)(b), the court must direct the
  112  Department of Highway Safety and Motor Vehicles to withhold
  113  issuance of or suspend the driver driver’s license or driving
  114  privilege of that person for a period of 45 consecutive days.
  115         (6) Eighty percent of all civil penalties received by a
  116  county court pursuant to this section shall be remitted by the
  117  clerk of the court to the Department of Revenue for transfer to
  118  the Department of Education to provide for teacher training and
  119  for research and evaluation to reduce and prevent the use of
  120  tobacco products or nicotine dispensing devices by children. The
  121  remaining 20 percent of civil penalties received by a county
  122  court pursuant to this section shall remain with the clerk of
  123  the county court to cover administrative costs.
  124         Section 5. Subsections (1), (2), and (3) of section 569.14,
  125  Florida Statutes, are amended to read:
  126         569.14 Posting of a sign stating that the sale of tobacco
  127  products or nicotine dispensing devices to persons under 18
  128  years of age is unlawful; enforcement; penalty.—
  129         (1) Any dealer that sells tobacco products or nicotine
  130  dispensing devices shall post a clear and conspicuous sign in
  131  each place of business where such products are sold which
  132  substantially states the following:
  133  
  134  THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO
  135  PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE
  136  IS REQUIRED FOR PURCHASE.
  137  
  138         (2) The division shall make available to dealers of tobacco
  139  products or nicotine dispensing devices signs that meet the
  140  requirements of subsection (1).
  141         (3) Any dealer that sells tobacco products or nicotine
  142  dispensing devices shall provide at the checkout counter in a
  143  location clearly visible to the dealer, the dealer’s agent or
  144  employee, instructional material in a calendar format or similar
  145  format to assist in determining whether a person is of legal age
  146  to purchase tobacco products or nicotine dispensing devices.
  147  This point of sale material must contain substantially the
  148  following language:
  149  
  150                IF YOU WERE NOT BORN BEFORE THIS DATE              
  151                  (insert date and applicable year)                
  152   YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 
  153  
  154  Upon approval by the division, in lieu of a calendar a dealer
  155  may use card readers, scanners, or other electronic or automated
  156  systems that can verify whether a person is of legal age to
  157  purchase tobacco products or nicotine dispensing devices.
  158  Failure to comply with the provisions contained in this
  159  subsection shall result in imposition of administrative
  160  penalties as provided in s. 569.006.
  161         Section 6. Subsection (3) of section 569.19, Florida
  162  Statutes, is amended to read:
  163         569.19 Annual report.—The division shall report annually
  164  with written findings to the Legislature and the Governor by
  165  December 31, on the progress of implementing the enforcement
  166  provisions of this chapter. This must include, but is not
  167  limited to:
  168         (3) The number of violations for selling tobacco products
  169  or nicotine dispensing devices to persons under age 18, and the
  170  results of administrative hearings on the above and related
  171  issues.
  172         Section 7. For the purpose of incorporating the amendments
  173  made by this act to section 569.11, Florida Statutes, in a
  174  reference thereto, subsections (2) and (3) of section 322.056,
  175  Florida Statutes, are reenacted and amended to read:
  176         322.056 Mandatory revocation or suspension of, or delay of
  177  eligibility for, driver driver’s license for persons under age
  178  18 found guilty of certain alcohol, drug, or tobacco offenses;
  179  prohibition.—
  180         (2) If a person under 18 years of age is found by the court
  181  to have committed a noncriminal violation under s. 569.11 and
  182  that person has failed to comply with the procedures established
  183  in that section by failing to fulfill community service
  184  requirements, failing to pay the applicable fine, or failing to
  185  attend a locally available school-approved anti-tobacco program,
  186  and:
  187         (a) The person is eligible by reason of age for a driver
  188  driver’s license or driving privilege, the court shall direct
  189  the department to revoke or to withhold issuance of his or her
  190  driver driver’s license or driving privilege as follows:
  191         1. For the first violation, for 30 days.
  192         2. For the second violation within 12 weeks of the first
  193  violation, for 45 days.
  194         (b) The person’s driver driver’s license or driving
  195  privilege is under suspension or revocation for any reason, the
  196  court shall direct the department to extend the period of
  197  suspension or revocation by an additional period as follows:
  198         1. For the first violation, for 30 days.
  199         2. For the second violation within 12 weeks of the first
  200  violation, for 45 days.
  201         (c) The person is ineligible by reason of age for a driver
  202  driver’s license or driving privilege, the court shall direct
  203  the department to withhold issuance of his or her driver
  204  driver’s license or driving privilege as follows:
  205         1. For the first violation, for 30 days.
  206         2. For the second violation within 12 weeks of the first
  207  violation, for 45 days.
  208  
  209  Any second violation of s. 569.11 not within the 12-week period
  210  after the first violation will be treated as a first violation
  211  and in the same manner as provided in this subsection.
  212         (3) If a person under 18 years of age is found by the court
  213  to have committed a third violation of s. 569.11 within 12 weeks
  214  of the first violation, the court must direct the Department of
  215  Highway Safety and Motor Vehicles to suspend or withhold
  216  issuance of his or her driver driver’s license or driving
  217  privilege for 60 consecutive days. Any third violation of s.
  218  569.11 not within the 12-week period after the first violation
  219  will be treated as a first violation and in the same manner as
  220  provided in subsection (2).
  221         Section 8. This act shall take effect July 1, 2014.
  222  
  223  ================= T I T L E  A M E N D M E N T ================
  224  And the title is amended as follows:
  225         Delete everything before the enacting clause
  226  and insert:
  227                        A bill to be entitled                      
  228         An act relating to nicotine dispensing devices;
  229         amending s. 569.002, F.S.; providing a definition;
  230         amending s. 569.0075, F.S.; prohibiting the gift of
  231         sample nicotine dispensing devices to persons under 18
  232         years of age; amending s. 569.101, F.S.; prohibiting
  233         the selling, delivering, bartering, furnishing, or
  234         giving of nicotine dispensing devices to persons under
  235         18 years of age, to which penalties apply; amending s.
  236         569.11, F.S.; prohibiting persons under 18 years of
  237         age from possessing, purchasing, or misrepresenting
  238         their age or military service to purchase nicotine
  239         dispensing devices; providing civil penalties;
  240         amending s. 569.14, F.S.; requiring certain signage
  241         where a dealer sells nicotine dispensing devices;
  242         amending s. 569.19, F.S.; requiring the Division of
  243         Alcoholic Beverages and Tobacco of the Department of
  244         Business and Professional Regulation to submit the
  245         number of violations for selling nicotine dispensing
  246         devices in its annual report; reenacting and amending
  247         s. 322.056(2) and (3), F.S., relating to mandatory
  248         driver license revocation or suspension for persons
  249         younger than 18 years of age who commit certain
  250         offenses, to incorporate the amendments to s. 569.11,
  251         F.S., in a reference thereto; making editorial
  252         changes; providing an effective date.