Senate Bill sb2610
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Florida Senate - 2003 SB 2610
By Senator Argenziano
3-1284A-03
1 A bill to be entitled
2 An act relating to retail tobacco sales;
3 authorizing and providing guidelines for the
4 operation of certain merchandising,
5 advertising, display, or consumer discount or
6 promotional programs by cigarette manufacturers
7 and retailers; prohibiting certain restrictions
8 by such manufacturers; providing a cause of
9 action for an injury or threat of injury to a
10 business; providing an effective date.
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12 Be It Enacted by the Legislature of the State of Florida:
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14 Section 1. (1) A cigarette retailer may participate
15 in a cigarette manufacturer's merchandising, advertising,
16 display, or consumer discount or promotional program in which
17 the retailer:
18 (a) Provides cigarette merchandising, shelf-space,
19 advertising, stocking, or display to the manufacturer;
20 (b) Conducts the manufacturer's consumer promotion and
21 discount programs and provides such promotions and discounts
22 to consumers; and
23 (c) Is paid or compensated by the manufacturer for
24 performing such activities.
25 (2) A cigarette manufacturer may:
26 (a) Offer and enter into such retailer programs;
27 (b) Pay, or provide other compensation to retailers
28 for participating in such programs; and
29 (c) Provide consumer promotions and discounts to
30 retailers for the retailers to furnish to consumers.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2610
3-1284A-03
1 (3) A cigarette manufacturer may not, directly or
2 indirectly:
3 (a) Condition a retailer's receipt of consumer
4 promotions or consumer price discounts on the retailer's
5 conduct or actions relating to the manufacturer's products or
6 the products of any other manufacturer, except for
7 requirements that the retailer provide the promotion or
8 discount to consumers and advertise and display the promotion
9 and the promoted product to consumers;
10 (b) Require or cause the retailer to allocate a
11 specified percentage or fraction of merchandising, stocking,
12 display, shelf, or advertising space to the manufacturer;
13 (c) Prevent, restrict, or limit a retailer from
14 stocking, advertising, displaying, or participating in a
15 program for another manufacturer's product;
16 (d) Prevent, restrict, or limit the retailer from
17 determining the size or location of the space that the
18 retailer uses to stock, display, promote, or advertise
19 cigarettes; or
20 (e) Require the retailer to raise its prices on, or
21 prevent the retailer from setting, retaining, or reducing its
22 prices on, another manufacturer's products.
23 (4) With respect to any contract or agreement entered
24 into before July 1, 2003, the requirements of this act shall
25 apply and be enforceable upon the original date of expiration
26 of such contract or agreement, exclusive of any renewal or
27 extension thereof.
28 Section 2. Any person threatened with injury to his or
29 her business or property or whose business or property is
30 injured by a violation of section 1 may file an action in any
31 court of competent jurisdiction for appropriate injunctive or
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Florida Senate - 2003 SB 2610
3-1284A-03
1 other equitable relief, damages sustained, and, as determined
2 by the court, taxable costs and reasonable attorney's fees.
3 Section 3. This act shall take effect July 1, 2003.
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6 SENATE SUMMARY
7 Establishes guidelines for the operation of certain
cigarette merchandising, advertising, or promotional
8 programs. Prohibits certain acts. (See bill for details.)
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