Senate Bill 2116

    Florida Senate - 1998                                  SB 2116

    By Senator Holzendorf





    2-1361-98

  1                      A bill to be entitled

  2         An act relating to tobacco products dealers;

  3         amending s. 569.006, F.S.; providing for

  4         administrative penalties against a tobacco

  5         products dealer when an employee, agent, or

  6         servant of the dealer has unlawfully sold or

  7         otherwise transferred tobacco products to a

  8         minor; repealing s. 569.008(5), F.S., relating

  9         to liability of dealers for unlawful acts by

10         their employees, agents, or servants; providing

11         an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Section 569.006, Florida Statutes, is

16  amended to read:

17         569.006  Retail tobacco products dealers;

18  administrative penalties.--The division may suspend or revoke

19  the permit of the dealer upon sufficient cause appearing of

20  the violation of any of the provisions of this chapter, by a

21  dealer or by a dealer's agent or employee.  The division may

22  also assess and accept administrative fines of up to $1,000

23  against a dealer for each violation. In a proceeding to impose

24  a penalty under this section, proof that an employee, agent,

25  or servant of the dealer committed a violation of s. 569.101

26  shall subject the dealer to liability, regardless of the

27  dealer's lack of knowledge, intent, or negligence regarding

28  the violation. The division shall deposit all fines collected

29  into the General Revenue Fund as collected.  An order imposing

30  an administrative fine becomes effective 15 days after the

31  date of the order.  The division may suspend the imposition of

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2116
    2-1361-98




  1  a penalty against a dealer, conditioned upon the dealer's

  2  compliance with terms the division considers appropriate.

  3         Section 2.  Subsection (5) of section 569.008, Florida

  4  Statutes, is repealed.

  5         Section 3.  This act shall take effect October 1, 1998.

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  8                          SENATE SUMMARY

  9    Provides for the liability of a tobacco products dealer
      for administrative penalties when the dealer's employee,
10    agent, or servant is shown to have unlawfully sold,
      delivered, bartered, furnished, or given tobacco products
11    to a minor.

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