Florida Senate - 2019 SB 1046
By Senator Mayfield
1 A bill to be entitled
2 An act relating to tobacco products; amending s.
3 569.002, F.S.; redefining the term “tobacco products”
4 to include all recreational nicotine products;
5 creating s. 569.0035, F.S.; defining the term
6 “flavored tobacco products”; prohibiting retail
7 tobacco products dealers from dealing in flavored
8 tobacco products unless they prohibit persons under a
9 specified age on the premises; providing for a civil
10 penalty; amending s. 569.007, F.S.; authorizing the
11 sale or delivery of tobacco products in direct, face
12 to-face exchanges with dealers or their agents or
13 employees; removing a provision that allowed the sale
14 or delivery of tobacco products from a vending machine
15 equipped with a certain device; adding specified
16 products to the list of products that are exempt from
17 the direct sale requirement; prohibiting certain
18 retailers from placing certain products or devices in
19 an open display unit unless the unit or the
20 establishment in which the unit is located meets
21 specific requirements; repealing s. 877.112, F.S.,
22 relating to nicotine products and nicotine dispensing
23 devices; amending ss. 322.056 and 569.14, F.S.;
24 conforming provisions to changes made by the act;
25 providing an effective date.
27 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Subsection (6) of section 569.002, Florida
30 Statutes, is amended to read:
31 569.002 Definitions.—As used in this chapter, the term:
32 (6) “Tobacco products” means all recreational nicotine
33 products, including, but not limited to, hookah and waterpipe
34 tobacco, electronic nicotine delivery systems and their
35 components, e-liquid, dissolvable tobacco, nicotine gel,
36 smokeless tobacco, cigarettes, cigars, roll-your-own tobacco,
37 pipe tobacco,
includes loose tobacco leaves, and products made
38 from tobacco leaves, in whole or in part, and cigarette
39 wrappers, which can be used for smoking, sniffing, or chewing.
40 Section 2. Section 569.0035, Florida Statutes, is created
41 to read:
42 569.0035 Flavored tobacco products; penalty.—
43 (1) For the purposes of this section, the term “flavored
44 tobacco products” means tobacco products that contain an
45 artificial or natural flavor, other than tobacco, menthol, or
46 mint, which is a characterizing flavor of the tobacco product.
47 (2) A dealer may not deal, at retail, in flavored tobacco
48 products in this state or allow a vending machine offering
49 flavored tobacco products to be located on its premises in this
50 state, unless the dealer prohibits persons under 18 years of age
51 on the premises.
52 (3) A dealer, including its agents, officers, or employees,
53 which violates this section may be subject to a civil penalty by
54 the division of up to $500 per violation.
55 Section 3. Section 569.007, Florida Statutes, is amended to
57 569.007 Sale or delivery of tobacco products;
59 (1) In order to prevent persons under 18 years of age from
60 purchasing or receiving tobacco products, the sale or delivery
61 of tobacco products is prohibited, except:
62 (a) When under the direct control or line of sight of the
63 dealer or the dealer’s agent or employee; and or
64 (b) In a direct, face-to-face exchange with the dealer or
65 the dealer’s agent or employee Sales from a vending machine are
66 prohibited under the provisions of paragraph (1)(a) and are only
67 permissible from a machine that is equipped with an operational
68 lockout device which is under the control of the dealer or the
69 dealer’s agent or employee who directly regulates the sale of
70 items through the machine by triggering the lockout device to
71 allow the dispensing of one tobacco product. The lockout device
72 must include a mechanism to prevent the machine from functioning
73 if the power source for the lockout device fails or if the
74 lockout device is disabled, and a mechanism to ensure that only
75 one tobacco product is dispensed at a time.
76 (2) The provisions of Subsection (1) does shall not apply
77 to an establishment that prohibits persons under 18 years of age
78 on the licensed premises or .
79 (3) The provisions of subsection (1) shall not apply to the
80 sale or delivery of cigars, hookah and waterpipe tobacco,
81 dissolvable tobacco, nicotine gel, and pipe tobacco.
82 (3) A retailer that sells electronic nicotine delivery
83 systems or e-liquid may not place such products or devices in an
84 open display unit unless the unit is located in an area that is
85 inaccessible to customers or unless the establishment prohibits
86 persons under 18 years of age on the premises.
87 (4) A dealer or a dealer’s agent or employee may require
88 proof of age of a purchaser of a tobacco product before selling
89 the product to that person.
90 (5) A wholesale dealer or distributing agent, as those
91 terms are defined in s. 210.01, or a distributor, as defined in
92 s. 210.25, may sell or deliver tobacco products only to dealers
93 who have permits.
94 Section 4. Section 877.112, Florida Statutes, is repealed.
95 Section 5. Subsections (2) and (3) of section 322.056,
96 Florida Statutes, are amended to read:
97 322.056 Mandatory revocation or suspension of, or delay of
98 eligibility for, driver license for persons under age 18 found
99 guilty of certain alcohol, drug, or tobacco offenses;
101 (2) If a person under 18 years of age is found by the court
102 to have committed a noncriminal violation under s. 569.11 or s.
103 877.112(6) or (7) and that person has failed to comply with the
104 procedures established in that section by failing to fulfill
105 community service requirements, failing to pay the applicable
106 fine, or failing to attend a locally available school-approved
107 anti-tobacco program, and:
108 (a) The person is eligible by reason of age for a driver
109 license or driving privilege, the court shall direct the
110 department to revoke or to withhold issuance of his or her
111 driver license or driving privilege as follows:
112 1. For the first violation, for 30 days.
113 2. For the second violation within 12 weeks of the first
114 violation, for 45 days.
115 (b) The person’s driver license or driving privilege is
116 under suspension or revocation for any reason, the court shall
117 direct the department to extend the period of suspension or
118 revocation by an additional period as follows:
119 1. For the first violation, for 30 days.
120 2. For the second violation within 12 weeks of the first
121 violation, for 45 days.
122 (c) The person is ineligible by reason of age for a driver
123 license or driving privilege, the court shall direct the
124 department to withhold issuance of his or her driver license or
125 driving privilege as follows:
126 1. For the first violation, for 30 days.
127 2. For the second violation within 12 weeks of the first
128 violation, for 45 days.
130 Any second violation of s. 569.11 or s. 877.112(6) or (7) not
131 within the 12-week period after the first violation will be
132 treated as a first violation and in the same manner as provided
133 in this subsection.
134 (3) If a person under 18 years of age is found by the court
135 to have committed a third violation of s. 569.11 or s.
136 877.112(6) or (7) within 12 weeks of the first violation, the
137 court must direct the Department of Highway Safety and Motor
138 Vehicles to suspend or withhold issuance of his or her driver
139 license or driving privilege for 60 consecutive days. Any third
140 violation of s. 569.11 or s. 877.112(6) or (7) not within the
141 12-week period after the first violation will be treated as a
142 first violation and in the same manner as provided in subsection
144 Section 6. Subsections (2) and (3) of section 569.14,
145 Florida Statutes, are amended to read:
146 569.14 Posting of a sign stating that the sale of tobacco
147 products to persons under 18 years of age is unlawful;
148 enforcement; penalty.—
149 (2) A dealer that sells tobacco products and nicotine
150 products or nicotine dispensing devices, as defined in s.
151 877.112, may use a sign that substantially states the following:
153 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
154 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
155 OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
156 FOR PURCHASE.
158 A dealer that uses a sign as described in this subsection meets
159 the signage requirements of subsection (1) and s. 877.112.
160 (2) (3) The division shall make available to dealers of
161 tobacco products signs that meet the requirements of subsection
162 (1) or subsection (2).
163 Section 7. This act shall take effect July 1, 2019.