Florida Senate - 2014                       CS for CS for SB 224
       
       
        
       By the Committees on Appropriations; and Regulated Industries;
       and Senators Benacquisto, Latvala, Sobel, Flores, Gibson,
       Bradley, Dean, and Braynon
       
       
       
       576-01906-14                                           2014224c2
    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; reenacting and amending
   21         s. 322.056(2) and (3), F.S., relating to mandatory
   22         driver license revocation or suspension for persons
   23         younger than 18 years of age who commit certain
   24         offenses, to incorporate the amendments to s. 569.11,
   25         F.S., in a reference thereto; making editorial
   26         changes; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (8) is added to section 569.002,
   31  Florida Statutes, to read:
   32         569.002 Definitions.—As used in this chapter, the term:
   33         (8) “Nicotine dispensing devices” means any product that
   34  can be used to deliver nicotine to an individual by inhaling
   35  vaporized nicotine from the product, including, but not limited
   36  to, an electronic cigarette, electronic cigar, electronic
   37  cigarillo, electronic pipe, or other similar device or product
   38  and any replacement nicotine cartridge for the device or
   39  product.
   40         Section 2. Section 569.0075, Florida Statutes, is amended
   41  to read:
   42         569.0075 Gift of sample tobacco products or sample nicotine
   43  dispensing devices prohibited.—The gift of sample tobacco
   44  products or sample nicotine dispensing devices to any person
   45  under the age of 18 by an entity licensed or permitted under the
   46  provisions of chapter 210 or this chapter, or by an employee of
   47  such entity, is prohibited and is punishable as provided in s.
   48  569.101.
   49         Section 3. Subsections (1) and (3) of section 569.101,
   50  Florida Statutes, are amended to read:
   51         569.101 Selling, delivering, bartering, furnishing, or
   52  giving tobacco products or nicotine dispensing devices to
   53  persons under 18 years of age; criminal penalties; defense.—
   54         (1) It is unlawful to sell, deliver, barter, furnish, or
   55  give, directly or indirectly, to any person who is under 18
   56  years of age, any tobacco product or nicotine dispensing device.
   57         (3) A person charged with a violation of subsection (1) has
   58  a complete defense if, at the time the tobacco product or
   59  nicotine dispensing device was sold, delivered, bartered,
   60  furnished, or given:
   61         (a) The buyer or recipient falsely evidenced that she or he
   62  was 18 years of age or older;
   63         (b) The appearance of the buyer or recipient was such that
   64  a prudent person would believe the buyer or recipient to be 18
   65  years of age or older; and
   66         (c) Such person carefully checked a driver driver’s license
   67  or an identification card issued by this state or another state
   68  of the United States, a passport, or a United States armed
   69  services identification card presented by the buyer or recipient
   70  and acted in good faith and in reliance upon the representation
   71  and appearance of the buyer or recipient in the belief that the
   72  buyer or recipient was 18 years of age or older.
   73         Section 4. Subsections (1), (2), (5), and (6) of section
   74  569.11, Florida Statutes, are amended to read:
   75         569.11 Possession, misrepresenting age or military service
   76  to purchase, and purchase of tobacco products or nicotine
   77  dispensing devices by persons under 18 years of age prohibited;
   78  penalties; jurisdiction; disposition of fines.—
   79         (1) It is unlawful for any person under 18 years of age to
   80  knowingly possess any tobacco product or nicotine dispensing
   81  device. Any person under 18 years of age who violates the
   82  provisions of this subsection commits a noncriminal violation as
   83  provided in s. 775.08(3), punishable by:
   84         (a) For a first violation, 16 hours of community service
   85  or, instead of community service, a $25 fine. In addition, the
   86  person must attend a school-approved anti-tobacco and nicotine
   87  program, if locally 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         (2) It is unlawful for any person under 18 years of age to
  100  misrepresent his or her age or military service for the purpose
  101  of inducing a dealer or an agent or employee of the dealer to
  102  sell, give, barter, furnish, or deliver any tobacco product or
  103  nicotine dispensing device, or to purchase, or attempt to
  104  purchase, any tobacco product or nicotine dispensing device from
  105  a person or a vending machine. Any person under 18 years of age
  106  who violates a provision of this subsection commits a
  107  noncriminal violation as provided in s. 775.08(3), punishable
  108  by:
  109         (a) For a first violation, 16 hours of community service
  110  or, instead of community service, a $25 fine and, in addition,
  111  the person must attend a school-approved anti-tobacco and
  112  nicotine program, if available;
  113         (b) For a second violation within 12 weeks of the first
  114  violation, a $25 fine; or
  115         (c) For a third or subsequent violation within 12 weeks of
  116  the first violation, the court must direct the Department of
  117  Highway Safety and Motor Vehicles to withhold issuance of or
  118  suspend or revoke the person’s driver driver’s license or
  119  driving privilege, as provided in s. 322.056.
  120  
  121  Any second or subsequent violation not within the 12-week time
  122  period after the first violation is punishable as provided for a
  123  first violation.
  124         (5)(a) If a person under 18 years of age is found by the
  125  court to have committed a noncriminal violation under this
  126  section and that person has failed to complete community
  127  service, pay the fine as required by paragraph (1)(a) or
  128  paragraph (2)(a), or attend a school-approved anti-tobacco
  129  program, if locally available, the court must direct the
  130  Department of Highway Safety and Motor Vehicles to withhold
  131  issuance of or suspend the driver driver’s license or driving
  132  privilege of that person for a period of 30 consecutive days.
  133         (b) If a person under 18 years of age is found by the court
  134  to have committed a noncriminal violation under this section and
  135  that person has failed to pay the applicable fine as required by
  136  paragraph (1)(b) or paragraph (2)(b), the court must direct the
  137  Department of Highway Safety and Motor Vehicles to withhold
  138  issuance of or suspend the driver driver’s license or driving
  139  privilege of that person for a period of 45 consecutive days.
  140         (6) Eighty percent of all civil penalties received by a
  141  county court pursuant to this section shall be remitted by the
  142  clerk of the court to the Department of Revenue for transfer to
  143  the Department of Education to provide for teacher training and
  144  for research and evaluation to reduce and prevent the use of
  145  tobacco products or nicotine dispensing devices by children. The
  146  remaining 20 percent of civil penalties received by a county
  147  court pursuant to this section shall remain with the clerk of
  148  the county court to cover administrative costs.
  149         Section 5. Subsections (1), (2), and (3) of section 569.14,
  150  Florida Statutes, are amended to read:
  151         569.14 Posting of a sign stating that the sale of tobacco
  152  products or nicotine dispensing devices to persons under 18
  153  years of age is unlawful; enforcement; penalty.—
  154         (1) Any dealer that sells tobacco products or nicotine
  155  dispensing devices shall post a clear and conspicuous sign in
  156  each place of business where such products are sold which
  157  substantially states the following:
  158  
  159  THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO
  160  PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE
  161  IS REQUIRED FOR PURCHASE.
  162  
  163         (2) The division shall make available to dealers of tobacco
  164  products or nicotine dispensing devices signs that meet the
  165  requirements of subsection (1).
  166         (3) Any dealer that sells tobacco products or nicotine
  167  dispensing devices shall provide at the checkout counter in a
  168  location clearly visible to the dealer, the dealer’s agent or
  169  employee, instructional material in a calendar format or similar
  170  format to assist in determining whether a person is of legal age
  171  to purchase tobacco products or nicotine dispensing devices.
  172  This point of sale material must contain substantially the
  173  following language:
  174  
  175                IF YOU WERE NOT BORN BEFORE THIS DATE              
  176                  (insert date and applicable year)                
  177   YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 
  178  
  179  Upon approval by the division, in lieu of a calendar a dealer
  180  may use card readers, scanners, or other electronic or automated
  181  systems that can verify whether a person is of legal age to
  182  purchase tobacco products or nicotine dispensing devices.
  183  Failure to comply with the provisions contained in this
  184  subsection shall result in imposition of administrative
  185  penalties as provided in s. 569.006.
  186         Section 6. Subsection (3) of section 569.19, Florida
  187  Statutes, is amended to read:
  188         569.19 Annual report.—The division shall report annually
  189  with written findings to the Legislature and the Governor by
  190  December 31, on the progress of implementing the enforcement
  191  provisions of this chapter. This must include, but is not
  192  limited to:
  193         (3) The number of violations for selling tobacco products
  194  or nicotine dispensing devices to persons under age 18, and the
  195  results of administrative hearings on the above and related
  196  issues.
  197         Section 7. For the purpose of incorporating the amendments
  198  made by this act to section 569.11, Florida Statutes, in a
  199  reference thereto, subsections (2) and (3) of section 322.056,
  200  Florida Statutes, are reenacted and amended to read:
  201         322.056 Mandatory revocation or suspension of, or delay of
  202  eligibility for, driver driver’s license for persons under age
  203  18 found guilty of certain alcohol, drug, or tobacco offenses;
  204  prohibition.—
  205         (2) If a person under 18 years of age is found by the court
  206  to have committed a noncriminal violation under s. 569.11 and
  207  that person has failed to comply with the procedures established
  208  in that section by failing to fulfill community service
  209  requirements, failing to pay the applicable fine, or failing to
  210  attend a locally available school-approved anti-tobacco program,
  211  and:
  212         (a) The person is eligible by reason of age for a driver
  213  driver’s license or driving privilege, the court shall direct
  214  the department to revoke or to withhold issuance of his or her
  215  driver driver’s license or driving privilege as follows:
  216         1. For the first violation, for 30 days.
  217         2. For the second violation within 12 weeks of the first
  218  violation, for 45 days.
  219         (b) The person’s driver driver’s license or driving
  220  privilege is under suspension or revocation for any reason, the
  221  court shall direct the department to extend the period of
  222  suspension or revocation by an additional period as follows:
  223         1. For the first violation, for 30 days.
  224         2. For the second violation within 12 weeks of the first
  225  violation, for 45 days.
  226         (c) The person is ineligible by reason of age for a driver
  227  driver’s license or driving privilege, the court shall direct
  228  the department to withhold issuance of his or her driver
  229  driver’s license or driving privilege as follows:
  230         1. For the first violation, for 30 days.
  231         2. For the second violation within 12 weeks of the first
  232  violation, for 45 days.
  233  
  234  Any second violation of s. 569.11 not within the 12-week period
  235  after the first violation will be treated as a first violation
  236  and in the same manner as provided in this subsection.
  237         (3) If a person under 18 years of age is found by the court
  238  to have committed a third violation of s. 569.11 within 12 weeks
  239  of the first violation, the court must direct the Department of
  240  Highway Safety and Motor Vehicles to suspend or withhold
  241  issuance of his or her driver driver’s license or driving
  242  privilege for 60 consecutive days. Any third violation of s.
  243  569.11 not within the 12-week period after the first violation
  244  will be treated as a first violation and in the same manner as
  245  provided in subsection (2).
  246         Section 8. This act shall take effect July 1, 2014.