CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Albright offered the following:
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13 Amendment (with title amendment)
14 On page 1, line 21,
15 remove from the bill: everything after the enacting clause
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17 and insert in lieu thereof:
18 Section 1. Subsection (2) of section 210.05, Florida
19 Statutes, is amended to read:
20 210.05 Preparation and sale of stamps; discount.--
21 (2) The division shall prescribe, prepare, and furnish
22 stamps of such denominations and quantities as may be
23 necessary for the payment of the tax imposed by this part, and
24 may from time to time and as often as it deems advisable
25 provide for the issuance and exclusive use of stamps of a new
26 design and forbid the use of stamps of any other design.
27 However, all stamps prescribed by the division must be
28 designed and furnished in a fashion that permits
29 identification of the agent or wholesale dealer that affixed
30 the stamp to the particular package of cigarettes by means of
31 a serial number or other mark on the stamp. The division shall
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 make provisions for the sale of such stamps at such places and
2 at such time as it may deem necessary.
3 Section 2. Section 210.185, Florida Statutes, is
4 created to read:
5 210.185 Prohibition on sale or distribution of
6 cigarettes; criminal penalties; administrative sanctions;
7 applicability.--
8 (1) PROHIBITIONS.--It is unlawful for any person:
9 (a) To sell or distribute in this state; to acquire,
10 hold, own, possess, or transport, for sale or distribution in
11 this state; or to import, or cause to be imported, into this
12 state for sale or distribution in this state:
13 1. Any cigarettes the package of which:
14 a. Bears any statement, label, stamp, sticker, or
15 notice indicating that the manufacturer did not intend the
16 cigarettes to be sold, distributed, or used in the United
17 States, including but not limited to labels stating "For
18 Export Only," "U.S. Tax-Exempt," "For Use Outside U.S.," or
19 similar wording; or
20 b. Does not comply with:
21 (I) All requirements imposed by or under federal law
22 regarding warnings and other information on packages of
23 cigarettes manufactured, packaged, or imported for sale,
24 distribution, or use in the United States, including but not
25 limited to the precise warning labels specified in the Federal
26 Cigarette Labeling and Advertising Act, 15 U.S.C. 1333; and
27 (II) All federal trademark and copyright laws;
28 2. Any cigarettes imported into the United States in
29 violation of 26 U.S.C. 5754 or any other federal law, or
30 implementing federal regulations;
31 3. Any cigarettes that a person otherwise knows or has
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 reason to know the manufacturer did not intend to be sold,
2 distributed, or used in the United States; or
3 4. Any cigarettes for which there has not been
4 submitted to the Secretary of the U.S. Department of Health
5 and Human Services the list or lists of the ingredients added
6 to tobacco in the manufacture of those cigarettes required by
7 the Federal Cigarette Labeling and Advertising Act, 15 U.S.C.
8 1335a;
9 (b) To alter the package of any cigarettes, before
10 sale or distribution to the ultimate consumer, so as to
11 remove, conceal, or obscure any statement, label, stamp,
12 sticker, or notice described in sub-subparagraph (a)1.a. or
13 any health warning that is not specified in or does not
14 conform with the requirements of the Federal Cigarette
15 Labeling and Advertising Act, 15 U.S.C. 1333;
16 (c) To affix any stamp required under this part to the
17 package of any cigarettes described in paragraph (a) or
18 altered in violation of paragraph (b).
19 (2) DOCUMENTATION.--On or before the tenth day of each
20 month, each person permitted to affix the tax stamp to
21 cigarettes shall file with the division, for all cigarettes
22 imported into the United States to which the person has
23 affixed the tax stamp in the preceding month, a copy of the
24 permit issued under the Internal Revenue Code, 26 U.S.C. 5713,
25 to the person importing the cigarettes into the United States
26 which allows that person to import those cigarettes; a copy of
27 the customs form containing, with respect to the cigarettes,
28 the internal revenue tax information required by the U.S.
29 Bureau of Alcohol, Tobacco and Firearms; and a statement,
30 signed by an officer of the manufacturer or importer under
31 penalty of perjury, certifying that the manufacturer or
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 importer has complied with the package health warning and
2 ingredient reporting requirements of the Federal Cigarette
3 Labeling and Advertising Act, 15 U.S.C. 1333 and 1335a, with
4 respect to those cigarettes.
5 (3) CRIMINAL PENALTIES.--Any person who violates
6 subsection (1), either knowing or having reason to know he or
7 she is doing so, or who fails to comply with subsection (2),
8 commits a felony of the third degree, punishable as provided
9 in s. 775.082, s. 775.083, or s. 775.084.
10 (4) ADMINISTRATIVE SANCTIONS.--
11 (a) The division may revoke or suspend the permit of
12 any distributing agent or wholesale dealer, or the retail
13 tobacco dealer permit of any retailer, and impose on the
14 permittee a civil penalty, in an amount not to exceed the
15 greater of 500 percent of the retail value of the cigarettes
16 involved or $5,000, upon finding a violation of this section
17 or any implementing rule adopted by the division.
18 (b) Cigarettes that are acquired, held, owned,
19 possessed, transported in, imported into, or sold or
20 distributed in this state in violation of this section are
21 considered contraband and are subject to seizure and
22 forfeiture under this part. Any cigarettes so seized and
23 forfeited shall be destroyed. The cigarettes are considered
24 contraband whether the violation of this section is knowing or
25 otherwise.
26 (5) UNFAIR TRADE PRACTICES.--A violation of subsection
27 (1) or subsection (2) constitutes an unlawful trade practice
28 under part II of chapter 501 and, in addition to any remedies
29 or penalties set forth in this section is subject to any
30 remedies or penalties available for a violation of that part.
31 (6) GENERAL PROVISIONS.--
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 (a) The division shall enforce this section. However,
2 at the request of the division, any law enforcement agency
3 shall enforce this section.
4 (b) For the purpose of enforcing this act, the
5 division and any agency to which the division has delegated
6 enforcement responsibility may request information from any
7 state or local agency, and may share information with, and
8 request information from, any federal agency or any agency of
9 any other state or any local agency thereof.
10 (c) In addition to any other remedy provided by law,
11 including enforcement as provided in paragraph (a), any person
12 may bring an action for appropriate injunctive or other
13 equitable relief for a violation of this section; for actual
14 damages, if any, sustained by reason of the violation; and, as
15 determined by the court, for interest on the damages from the
16 date of the complaint, taxable costs, and reasonable
17 attorney's fees. If the trier of fact finds that the violation
18 is flagrant, it may increase recovery to an amount not in
19 excess of 3 times the actual damages sustained by reason of
20 the violation.
21 (7) DEFINITIONS.--As used in this section, the term:
22 (a) "Cigarette" means:
23 1. Any roll of tobacco wrapped in paper or tobacco
24 leaf or in any substance not containing tobacco, including a
25 bidi, kretek, or other similar product, which is to be burned;
26 2. Any roll of tobacco wrapped in any substance
27 containing tobacco, including a bidi, kretek, or other similar
28 product, which , because of its appearance, the type of
29 tobacco used in the filler, or its packaging or labeling is
30 likely to be offered to or purchased by consumers as a
31 cigarette described in subparagraph 1.; or
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 3. Loose rolling tobacco that, because of its
2 appearance, type, packaging, or labeling, is likely to be
3 offered to or purchased by consumers as tobacco for making
4 cigarettes.
5 (b) "Importer" means "importer" as that term is
6 defined in 26 U.S.C. 5702(l).
7 (c) "Package" means "package" as that term is defined
8 in 15 U.S.C. 1332(4).
9 (8) APPLICABILITY.--
10 (a) This section does not apply to cigarettes allowed
11 to be imported or brought into the United States for personal
12 use and cigarettes sold or intended to be sold as duty-free
13 merchandise by a duty-free sales enterprise in accordance with
14 19 U.S.C. 1555(b) and any implementing regulations, but this
15 section does apply to any such cigarettes that are brought
16 back into the customs territory for resale within the customs
17 territory.
18 (b) The penalties provided in this section are in
19 addition to any penalties imposed under any other law.
20 Section 3. Section 210.19, Florida Statutes, is
21 amended to read:
22 210.19 Records to be kept by division.--The division
23 shall keep records showing the total amount of taxes
24 collected, which records shall be open to the public during
25 the regular office hours of the division. The division shall
26 maintain records that identify which agent or wholesale dealer
27 affixed the tax stamp to each package of cigarettes. The
28 identifying records must be made available for public
29 inspection and retained for at least 3 years.
30 Section 4. If any provision of this act or the
31 application thereof to any person or circumstance is held
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HOUSE AMENDMENT
Bill No. CS/HB 1941
Amendment No. (for drafter's use only)
1 invalid, the invalidity does not affect other provisions or
2 applications of the act which can be given effect without the
3 invalid provision or application, and to this end the
4 provisions of this act are declared severable.
5 Section 5. This act shall take effect October 1, 2000.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 1, lines 2-18,
11 remove from the title of the bill: all of said lines
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13 and insert in lieu thereof:
14 An act relating to cigarettes; amending s.
15 210.05, F.S.; requiring the Division of
16 Alcoholic Beverages and Tobacco to design
17 cigarette tax stamps that will permit
18 identification of the agent or wholesale dealer
19 that affixes the stamp; creating s. 210.185,
20 F.S.; prohibiting the sale and distribution of
21 certain cigarettes not intended for sale or
22 distribution in this country; providing for
23 criminal penalties, administrative sanctions,
24 and unfair trade practices; providing for
25 enforcement by the Division of Alcoholic
26 Beverages and Tobacco; amending s. 210.19,
27 F.S.; requiring the division to maintain
28 specified records; providing an effective date.
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