1 | A bill to be entitled |
2 | An act relating to transportation and sale of cigarettes; |
3 | amending s. 210.01, F.S.; revising and providing |
4 | definitions; amending s. 210.05, F.S.; providing stamp |
5 | requirements for cigarettes in transport; providing stamp |
6 | exceptions for certain cigarettes; requiring transporters |
7 | of certain cigarettes to submit certain reports; amending |
8 | s. 210.06, F.S.; revising requirements for and limitations |
9 | on the affixation of stamps; providing requirements with |
10 | respect to receipt, possession, storage, and transport of |
11 | unstamped cigarette packages; creating s. 210.085, F.S.; |
12 | requiring manufacturers, importers, distributing agents, |
13 | dealers, and retail dealers to hold a current, valid |
14 | permit to sell, distribute, or receive cigarettes; |
15 | amending s. 210.09, F.S.; providing notice and filing |
16 | guidelines for certain person shipping unstamped cigarette |
17 | packages; authorizing certain law enforcement officials to |
18 | inspect certain shipping vehicles; requiring wholesale |
19 | dealers to submit certain reports; providing criteria for |
20 | reports; authorizing the Division of Alcoholic Beverages |
21 | and Tobacco to adopt rules; providing for access to |
22 | certain records; amending s. 210.12, F.S.; authorizing the |
23 | state to claim certain property and materials from certain |
24 | dealers and retailers who attempt to defraud the state; |
25 | authorizing the destruction of certain cigarettes; |
26 | amending s. 210.15, F.S.; providing criteria for permit |
27 | application; prohibiting issuance, maintenance, or renewal |
28 | of certain permits for certain applicants; providing |
29 | guidelines for permit application denial; amending s. |
30 | 210.18, F.S.; expanding the group of violators subject to |
31 | criminal liability; prohibiting the sale or possession for |
32 | sale of counterfeit cigarettes; providing penalties; |
33 | creating s. 210.181, F.S.; providing civil penalties for |
34 | failure to comply with certain duties or pay certain |
35 | taxes; providing an effective date. |
36 |
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37 | Be It Enacted by the Legislature of the State of Florida: |
38 |
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39 | Section 1. Subsections (6) and (7) of section 210.01, |
40 | Florida Statutes, are amended, and subsections (19) through (23) |
41 | are added to said section, to read: |
42 | 210.01 Definitions.--When used in this part the following |
43 | words shall have the meaning herein indicated: |
44 | (6) "Wholesale dealer" means any person located inside or |
45 | outside this state who sells cigarettes to retail dealers or |
46 | other persons for purposes of resale only, or any person who |
47 | operates more than one cigarette vending machine located in more |
48 | than one place of business. Such term shall not include any |
49 | cigarette manufacturer, export warehouse proprietor, or importer |
50 | with a valid permit under 26 U.S.C. s. 5712 if such person sells |
51 | or distributes cigarettes in this state only to dealers who are |
52 | agents and who hold valid and current permits under s. 210.15 or |
53 | to an export warehouse proprietor or another manufacturer. |
54 | (7) "Retail dealer" means any person located inside or |
55 | outside this state other than a wholesale dealer engaged in the |
56 | business of selling cigarettes, including persons licensed |
57 | pursuant to s. 569.003. |
58 | (19) "Stamp" or "stamps" means the indicia required to be |
59 | placed on cigarette packages that evidences payment of the tax |
60 | on cigarettes under s. 210.02. |
61 | (20) "Importer" means any person with a valid permit under |
62 | 26 U.S.C. s. 5712 who imports into the United States, directly |
63 | or indirectly, a finished cigarette for sale or distribution. |
64 | (21) "Manufacturer" means any person with a valid permit |
65 | under 26 U.S.C. s. 5712 who manufactures, fabricates, assembles, |
66 | processes, or labels a finished cigarette. |
67 | (22) "Counterfeit cigarettes" means cigarettes that have |
68 | false manufacturing labels, tobacco product packs without tax |
69 | stamps or with counterfeit tax stamps, or any combination |
70 | thereof. |
71 | (23) "Brand family" means all styles of cigarettes sold |
72 | under the same trademark and differentiated from one another by |
73 | means of additional modifiers or descriptors, including, but not |
74 | limited to, "menthol," "lights," "kings," and "100s," and |
75 | includes any brand name used alone or in conjunction with any |
76 | other word, trademark, logo, symbol, motto, selling message, |
77 | recognizable pattern of colors, or any other indicia of product |
78 | identification identical or similar to, or identifiable with, a |
79 | previously known brand of cigarettes. |
80 | Section 2. Subsection (6) is added to section 210.05, |
81 | Florida Statutes, to read: |
82 | 210.05 Preparation and sale of stamps; discount.-- |
83 | (6)(a) A person may not transport or cause to be |
84 | transported from this state cigarettes for sale in another state |
85 | without first affixing to the cigarettes the stamp required by |
86 | the state in which the cigarettes are to be sold or paying any |
87 | other excise tax on the cigarettes imposed by the state in which |
88 | the cigarettes are to be sold. |
89 | (b) A person may not affix to cigarettes the stamp |
90 | required by another state or pay any other excise tax on the |
91 | cigarettes imposed by another state if the other state prohibits |
92 | stamps from being affixed to the cigarettes, prohibits the |
93 | payment of any other excise tax on the cigarettes, or prohibits |
94 | the sale of the cigarettes. |
95 | (c) On or before the 10th day of each month, a person who |
96 | transports or causes to be transported from this state |
97 | cigarettes for sale in another state shall submit to the |
98 | division a report identifying the quantity and brand family of |
99 | each brand of the cigarettes transported or caused to be |
100 | transported in the preceding calendar quarter and the name and |
101 | address of each recipient of the cigarettes. |
102 | (d) For purposes of this section, the term "person" means |
103 | an individual, partnership, committee, association, corporation, |
104 | or any other organization or group of persons. Person does not |
105 | include any common or contract carrier, or public warehouse that |
106 | is not owned, in whole or in part, directly or indirectly, by |
107 | such person. |
108 | Section 3. Subsection (1) of section 210.06, Florida |
109 | Statutes, is amended, and subsection (5) is added to said |
110 | section, to read: |
111 | 210.06 Affixation of stamps; presumption.-- |
112 | (1) Every dealer within or without the state shall affix |
113 | or cause to be affixed to such package or container of such |
114 | cigarettes such, stamps as are required under this section |
115 | within 10 days after receipt of such products. Dealers outside |
116 | this state shall affix such stamps before the shipment of |
117 | cigarettes into this state, evidencing the payment of the tax |
118 | imposed by virtue of this part before such cigarettes are |
119 | offered for sale or use or consumed or before they are otherwise |
120 | disposed of in the state. |
121 | (a) A tax stamp shall be applied to all cigarette packages |
122 | intended for sale or distribution to consumers subject to the |
123 | tax imposed under s. 210.02, including cigarettes subject to |
124 | reduced state tax under s. 210.04(4)(b). |
125 | (b) No stamp shall be applied to any cigarette package |
126 | exempt from tax under 26 U.S.C. s. 5704 that is distributed by a |
127 | manufacturer pursuant to federal regulations. |
128 | (c) Dealers may apply stamps only to cigarette packages |
129 | received directly from a manufacturer or importer of cigarettes |
130 | who possesses a valid and current permit under 26 U.S.C. s. |
131 | 5712. |
132 | (5) Except as provided in s. 210.09(1), no person, other |
133 | than a dealer that receives unstamped cigarette packages |
134 | directly from a cigarette manufacturer or importer in accordance |
135 | with this section and s. 210.085, shall hold or possess an |
136 | unstamped cigarette package. Dealers shall be permitted to set |
137 | aside, without application of stamps, only such part of the |
138 | dealer's stock that is identified for sale or distribution |
139 | outside this state. If a dealer maintains stocks of unstamped |
140 | cigarette packages, such unstamped packages shall be stored |
141 | separately from stamped product packages. No unstamped cigarette |
142 | packages shall be transferred by a dealer to another facility of |
143 | the dealer within this state or to another person within this |
144 | state. |
145 | Section 4. Section 210.085, Florida Statutes, is created |
146 | to read: |
147 | 210.085 Transactions only with permitted manufacturers, |
148 | importers, distributing agents, dealers, and retail dealers.--A |
149 | manufacturer, importer, or distributing agent may sell or |
150 | distribute cigarettes to a person located or doing business |
151 | within this state, including on any tribal lands located within |
152 | the borders of this state, only if such person is a dealer with |
153 | a valid, current permit under s. 210.15. A dealer may sell or |
154 | distribute cigarettes to a person located or doing business |
155 | within this state, including on any tribal lands located within |
156 | the borders of this state, only if such person is a dealer or |
157 | retail dealer with a valid, current permit under s. 569.003. A |
158 | dealer may obtain cigarettes only from a manufacturer or |
159 | importer who possesses a valid, current permit under 26 U.S.C. |
160 | s. 5712 or from a distributing agent or dealer with a valid, |
161 | current permit under s. 210.15. A retail dealer may obtain |
162 | cigarettes only from a manufacturer or dealer with a valid, |
163 | current permit under s. 210.15. |
164 | Section 5. Subsections (1) and (2) of section 210.09, |
165 | Florida Statutes, are amended, and subsection (6) is added to |
166 | said section, to read: |
167 | 210.09 Records to be kept; reports to be made; |
168 | examination.-- |
169 | (1)(a) Every person who shall possess or transport any |
170 | unstamped cigarettes upon the public highways, roads, or streets |
171 | of the state, shall be required to have in his or her actual |
172 | possession invoices or delivery tickets for such cigarettes. The |
173 | absence of such invoices or delivery tickets shall be prima |
174 | facie evidence that such person is a dealer in cigarettes in |
175 | this state and subject to the provisions of this part. |
176 | (b) Any person who ships unstamped cigarette packages into |
177 | this state other than to a dealer holding a valid, current |
178 | permit pursuant to s. 210.15 shall first file with the division |
179 | a notice of such shipment. This paragraph shall not apply to any |
180 | common or contract carrier that is transporting cigarettes |
181 | through this state to another location outside this state under |
182 | a proper bill of lading or freight bill that states the |
183 | quantity, source, and destination of such cigarettes. |
184 | (c) In any case in which the division or its duly |
185 | authorized agent, or any law enforcement officer of this state, |
186 | has knowledge or reasonable grounds to believe that any vehicle |
187 | is transporting cigarettes in violation of this part, the |
188 | division, such agent, or such law enforcement officer is |
189 | authorized to stop such vehicle and inspect the vehicle for |
190 | contraband cigarettes. |
191 | (2)(a) Except as otherwise provided in this subsection, |
192 | the division is authorized to prescribe and promulgate by rules |
193 | and regulations, which shall have the force and effect of the |
194 | law, such records to be kept and reports to be made to the |
195 | division by any distributing agent, wholesale dealer, retail |
196 | dealer, common carrier, or any other person handling, |
197 | transporting or possessing cigarettes for sale or distribution |
198 | within the state as may be necessary to collect and properly |
199 | distribute the taxes imposed by s. 210.02. All reports shall be |
200 | made on or before the 10th day of the month following the month |
201 | for which the report is made, unless the division by rule or |
202 | regulation shall prescribe that reports be made more often. |
203 | (b) Each wholesale dealer shall submit to the division |
204 | monthly reports setting forth the following information, |
205 | itemized or submitted separately for each place of business of |
206 | such dealer: |
207 | 1. The quantities of cigarettes, by brand family, on hand |
208 | both at the beginning and end of the reporting period. |
209 | 2. The quantities of cigarettes, by brand family and |
210 | transaction, that were received during the reporting period and |
211 | the name and address of each person from whom those products |
212 | were received. |
213 | 3. The quantities of cigarettes, by brand family and |
214 | transaction, distributed or shipped during the reporting period, |
215 | other than sales directly to consumers, and the name and address |
216 | of each person to whom those products were distributed or |
217 | shipped. |
218 | (c) Manufacturers and importers shipping cigarettes into |
219 | or within this state shall file a monthly report with the |
220 | division containing the information regarding such cigarettes |
221 | set forth in paragraph (b). |
222 | (d) The reports submitted pursuant to paragraphs (a), (b), |
223 | and (c) shall be further itemized to disclose the quantity of |
224 | reported cigarettes bearing tax stamps of this state, stamps of |
225 | another state, and unstamped cigarettes, itemized to show, if |
226 | known, the portion of the unstamped cigarettes that are intended |
227 | for sale or distribution in this state. Dealer reports shall |
228 | include, if applicable, the quantity of tax stamps of this state |
229 | that were not affixed to cigarettes and that were on hand at the |
230 | beginning and end of the reporting period, the quantity of each |
231 | type of stamp of this state received during the reporting |
232 | period, and the quantity of each type of stamp of this state |
233 | applied during the reporting period. |
234 | (e) The division may adopt rules requiring such additional |
235 | information in the monthly reports as is necessary or |
236 | appropriate for purposes of enforcing the provisions of this |
237 | part. |
238 | (6) The United States Secretary of the Treasury or his or |
239 | her designee shall have access to records and reports required |
240 | by this section. The division may share such records and reports |
241 | with law enforcement officials of this state, the Federal |
242 | Government, or other states. |
243 | Section 6. Subsection (1) of section 210.12, Florida |
244 | Statutes, is amended, subsections (2) through (6) of said |
245 | section are renumbered as subsections (4) through (8), |
246 | respectively, and new subsections (2) and (3) are added to said |
247 | section, to read: |
248 | 210.12 Seizures; forfeiture proceedings.-- |
249 | (1) The state, acting by and through the division, shall |
250 | be authorized and empowered to seize, confiscate, and forfeit |
251 | for the use and benefit of the state, any cigarettes upon which |
252 | taxes payable hereunder may be unpaid or that are otherwise held |
253 | in violation of the requirements of this chapter, and also any |
254 | vending machine or receptacle in which such cigarettes upon |
255 | which taxes have not been paid are held for sale, or any vending |
256 | machine that does not have affixed thereto the identification |
257 | sticker required by the provisions of s. 210.07, or which does |
258 | not display at all times at least one package of each brand of |
259 | cigarettes located therein so the same is clearly visible and |
260 | arranged in such a manner that the cigarette tax stamp or meter |
261 | impression of the stamp affixed thereto is clearly visible. Such |
262 | seizure may be made by the division, its duly authorized |
263 | representative, any sheriff or deputy sheriff, or any police |
264 | officer. |
265 | (2) All fixtures, equipment, and other materials and |
266 | personal property on the premises of any dealer or retail dealer |
267 | who, with intent to defraud the state, fails to keep or make any |
268 | record, return, report, or inventory required by this part; |
269 | keeps or makes any false or fraudulent record, return, report, |
270 | or inventory required by this part; refuses to pay any tax |
271 | imposed by this part; or attempts in any manner to evade or |
272 | defeat the requirements of this part shall be forfeited to the |
273 | state. |
274 | (3) All cigarettes seized, confiscated, and forfeited to |
275 | the state under this part shall be destroyed. |
276 | Section 7. Subsection (1) of section 210.15, Florida |
277 | Statutes, is amended to read: |
278 | 210.15 Permits.-- |
279 | (1)(a) Every person, firm, or corporation desiring to |
280 | engage in business as a manufacturer, importer, exporter, |
281 | distributing agent, or wholesale dealer of cigarettes deal in |
282 | cigarettes as a distributing agent, wholesale dealer, or |
283 | exporter within this state shall file with the division an |
284 | application for a cigarette permit for each place of business |
285 | located within this state or, in the absence of such place of |
286 | business in this state, for wherever its principal place of |
287 | business is located with the Division of Alcoholic Beverages and |
288 | Tobacco. Every application for a cigarette permit shall be made |
289 | on forms furnished by the division and shall set forth the name |
290 | under which the applicant transacts or intends to transact |
291 | business, the location of the applicant's place of business |
292 | within the state, if any, and such other information as the |
293 | division may require. If the applicant has or intends to have |
294 | more than one place of business dealing in cigarettes within |
295 | this state, the application shall state the location of each |
296 | place of business. If the applicant is an association, the |
297 | application shall set forth the names and addresses of the |
298 | persons constituting the association, and if a corporation, the |
299 | names and addresses of the principal officers thereof and any |
300 | other information prescribed by the division for the purpose of |
301 | identification. The application shall be signed and verified by |
302 | oath or affirmation by the owner, if a natural person, and in |
303 | the case of an association or partnership, members or partners |
304 | thereof, and in the case of a corporation, by an executive |
305 | officer thereof or by any person specifically authorized by the |
306 | corporation to sign the application, to which shall be attached |
307 | the written evidence of this authority. The cigarette permit for |
308 | a distributing agent shall be issued annually for which an |
309 | annual fee of $5 shall be charged. |
310 | (b) The holder of any duly issued, annual permit for a |
311 | distributing agent shall be entitled to a renewal of his or her |
312 | annual permit from year to year as a matter of course, on or |
313 | before July 1, upon making application to the division and upon |
314 | payment of this annual permit fee. |
315 | (c) Permits The permit for a distributing agent, wholesale |
316 | dealer, or exporter shall be issued only to persons of good |
317 | moral character, who are not less than 18 years of age. |
318 | Distributing agent, wholesale dealer, or exporter Permits to |
319 | corporations shall be issued only to corporations whose officers |
320 | are of good moral character and not less than 18 years of age. |
321 | There shall be no exemptions from the permit fees herein |
322 | provided to any persons, association of persons, or corporation, |
323 | any law to the contrary notwithstanding. |
324 | (d) No distributing agent, wholesale dealer, or exporter |
325 | permit shall be issued, maintained, or renewed if the applicant, |
326 | its officers, or any person or persons owning directly or |
327 | indirectly, in the aggregate, more than 10 percent of the |
328 | ownership interests in the applicant: |
329 | 1. Owes $500 or more in delinquent cigarette taxes; |
330 | 2. Had a cigarette importer, retail dealer, or dealer |
331 | permit revoked by the division within the previous 2 years; |
332 | 3. Has been convicted of selling stolen or counterfeit |
333 | cigarettes, receiving stolen cigarettes, or being involved in |
334 | the counterfeiting of cigarettes; or |
335 | 4. Has been convicted in this state, any other state, or |
336 | the United States of any offense designated as a felony by such |
337 | state or the United States within 15 years prior to applying for |
338 | a permit to any person who has been convicted within the past 5 |
339 | years of any offense against the cigarette laws of this state or |
340 | who has been convicted in this state, any other state, or the |
341 | United States during the past 5 years of any offense designated |
342 | as a felony by such state or the United States, or to a |
343 | corporation, any of whose officers have been so convicted. The |
344 | term "convicted" "conviction" shall include an adjudication of |
345 | guilt on a plea of guilty or a plea of nolo contendere, or the |
346 | forfeiture of a bond when charged with a crime. |
347 | (e)(d) The division shall may refuse to issue a |
348 | distributing agent, wholesale, or exporter permit to any person, |
349 | firm, or corporation whose permit under the cigarette law has |
350 | been revoked or to any corporation, an officer of which has had |
351 | his or her permit under the cigarette law revoked, or to any |
352 | person who is or has been an officer of a corporation whose |
353 | permit has been revoked under the cigarette law. Any permit |
354 | issued to a firm or corporation prohibited from obtaining such |
355 | permit under the cigarette law shall may be revoked by the |
356 | division. |
357 | (f)(e) Prior to an application for a distributing agent, |
358 | wholesale dealer, or exporter permit being approved, the |
359 | applicant shall file a set of fingerprints on forms provided by |
360 | the division. The applicant shall also file a set of |
361 | fingerprints for any person or persons interested directly or |
362 | indirectly with the applicant in the business for which the |
363 | permit is being sought, when so required by the division. If the |
364 | applicant or any person interested with the applicant, either |
365 | directly or indirectly, in the business for which the permit is |
366 | sought shall be such a person as is within the definition of |
367 | persons to whom a distributing agent, wholesale dealer, or |
368 | exporter permit shall be denied, then the application may be |
369 | denied by the division. If the applicant is a partnership, all |
370 | members of the partnership are required to file said |
371 | fingerprints, or if a corporation, all principal officers of the |
372 | corporation are required to file said fingerprints. The |
373 | cigarette permit for a wholesale dealer or exporter shall be |
374 | originally issued at a fee of $100, which sum is to cover the |
375 | cost of the investigation required before issuing such permit. |
376 | (g)(f) The cigarette permits issued under this section |
377 | permit for a wholesale dealer or exporter shall be renewed from |
378 | year to year as a matter of course, at an annual cost of $100, |
379 | on or before July 1, upon making application to the division and |
380 | upon payment of the annual renewal fee. |
381 | (h)(g) Permittees, by acceptance of their permits, agree |
382 | that their places of business or vehicles transporting |
383 | cigarettes shall always be subject to be inspected and searched |
384 | without a search warrant for the purpose of ascertaining that |
385 | all provisions of this part are complied with by authorized |
386 | employees of the division and also by sheriffs, deputy sheriffs, |
387 | and police officers during business hours or during any other |
388 | time such premises are occupied by the permittee or other |
389 | persons. Retail cigarette dealers and manufacturers' |
390 | representatives, by dealing in cigarettes, agree that their |
391 | places of business or vehicles transporting cigarettes shall |
392 | always be subject to inspection and search without a search |
393 | warrant for the purpose of ascertaining that all provisions of |
394 | this part are complied with by authorized employees of the |
395 | division and also by sheriffs, deputy sheriffs, and police |
396 | officers during business hours or other times when the premises |
397 | are occupied by the retail dealer or manufacturers' |
398 | representatives or other persons. |
399 | (i)(h) No retail sales of cigarettes may be made at a |
400 | location for which a wholesale dealer, distributing agent, or |
401 | exporter permit has been issued. The excise tax on sales made to |
402 | any traveling location, such as an itinerant store or industrial |
403 | caterer, shall be paid into the General Revenue Fund |
404 | unallocated. Cigarettes may be purchased for retail purposes |
405 | only from a person holding a wholesale dealer permit. The |
406 | invoice for the purchase of cigarettes must show the place of |
407 | business for which the purchase is made and the cigarettes |
408 | cannot be transferred to any other place of business for the |
409 | purpose of resale. |
410 | Section 8. Subsections (2), (3), and (6) of section |
411 | 210.18, Florida Statutes, are amended, and subsection (9) is |
412 | added to said section, to read: |
413 | 210.18 Penalties for tax evasion; reports by sheriffs.-- |
414 | (2) Except as otherwise provided in this section, any |
415 | person wholesale or retail dealer who fails, neglects, or |
416 | refuses to comply with, or violates the provisions of, this part |
417 | or the rules adopted and regulations promulgated by the division |
418 | under this part commits is guilty of a misdemeanor of the first |
419 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
420 | person wholesale or retail dealer who has been convicted of a |
421 | violation of any provision of the cigarette tax law and who is |
422 | thereafter convicted of a further violation of the cigarette tax |
423 | law is, upon conviction of such further offense, guilty of a |
424 | felony of the third degree, punishable as provided in s. |
425 | 775.082, s. 775.083, or s. 775.084. |
426 | (3) Any person who falsely or fraudulently makes, forges, |
427 | alters, or counterfeits any stamp or impression die used in |
428 | meter machines prescribed by the division under the provisions |
429 | of this part; or, with intent to evade taxes, jams, tampers |
430 | with, or alters such a machine; or causes or procures to be |
431 | falsely or fraudulently made, forged, altered, or counterfeited |
432 | any such stamp or die; or knowingly and willfully utters, |
433 | purchases, passes or tenders as true any such false, altered, or |
434 | counterfeited stamp or die impression; or with the intent to |
435 | defraud the state, fails to comply with any other requirement of |
436 | this chapter commits is guilty of a felony of the third degree, |
437 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
438 | (6)(a) Every person, firm, or corporation, other than a |
439 | licensee under the provisions of this part, who possesses, |
440 | removes, deposits, or conceals, or aids in the possessing, |
441 | removing, depositing, or concealing of, any unstamped cigarettes |
442 | not in excess of 50 cartons is guilty of a misdemeanor of the |
443 | second degree, punishable as provided in s. 775.082 or s. |
444 | 775.083. In lieu of the penalties provided in those sections, |
445 | however, the person, firm, or corporation may pay the tax plus a |
446 | penalty equal to the amount of the tax authorized under s. |
447 | 210.02 on the unstamped cigarettes. |
448 | (a)(b) Every person, firm, or corporation, other than a |
449 | licensee under the provisions of this part, who possesses, |
450 | removes, deposits, or conceals, or aids in the possessing, |
451 | removing, depositing, or concealing of, any unstamped cigarettes |
452 | in excess of 50 cartons is presumed to have knowledge that they |
453 | have not been taxed and commits is guilty of a felony of the |
454 | third degree, punishable as provided in s. 775.082, s. 775.083, |
455 | or s. 775.084. |
456 | (b)(c) This section does not apply to a person possessing |
457 | not in excess of three cartons of such cigarettes purchased by |
458 | such possessor outside the state in accordance with the laws of |
459 | the place where purchased and brought into this state by such |
460 | possessor. The burden of proof that such cigarettes were |
461 | purchased outside the state and in accordance with the laws of |
462 | the place where purchased shall in all cases be upon the |
463 | possessor of such cigarettes. |
464 | (9) Notwithstanding any other provision of law, the sale |
465 | or possession for sale of counterfeit cigarettes by any person |
466 | or by a manufacturer, importer, distributing agent, wholesale |
467 | dealer, or retail dealer shall result in the seizure of the |
468 | product and related machinery by the division or any law |
469 | enforcement agency and shall be punishable as follows: |
470 | (a)1. A first violation with a total quantity of less than |
471 | two cartons of cigarettes or the equivalent amount of other |
472 | cigarettes shall be punishable by a fine not to exceed $1,000 or |
473 | five times the retail value of the cigarettes involved, |
474 | whichever is greater, or imprisonment not to exceed 5 years, or |
475 | both. |
476 | 2. A subsequent violation with a total quantity of less |
477 | than two cartons of cigarettes or the equivalent amount of other |
478 | cigarettes shall be punishable by a fine not to exceed $5,000 or |
479 | five times the retail value of the cigarettes involved, |
480 | whichever is greater, or imprisonment not to exceed 5 years, or |
481 | both, and shall also result in the revocation by the division of |
482 | the permit of the manufacturer, importer, distributing agent, |
483 | wholesale dealer, or retail dealer. |
484 | (b)1. A first violation with a total quantity of two or |
485 | more cartons of cigarettes or the equivalent amount of other |
486 | cigarettes shall be punishable by a fine not to exceed $2,000 or |
487 | five times the retail value of the cigarettes involved, |
488 | whichever is greater, or imprisonment not to exceed 5 years, or |
489 | both. |
490 | 2. A subsequent violation with a quantity of two cartons |
491 | of cigarettes or more or the equivalent amount of other |
492 | cigarettes shall be punishable by a fine not to exceed $50,000 |
493 | or five times the retail value of the cigarettes involved, |
494 | whichever is greater, or imprisonment not to exceed 5 years, or |
495 | both, and shall also result in the revocation by the division of |
496 | the permit of the manufacturer, importer, distributing agent, |
497 | wholesale dealer, or retail dealer. |
498 |
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499 | For purposes of this subsection, any counterfeit cigarettes |
500 | seized by the division shall be destroyed. |
501 | Section 9. Section 210.181, Florida Statutes, is created |
502 | to read: |
503 | 210.181 Civil penalties.-- |
504 | (1) Whoever knowingly omits, neglects, or refuses to |
505 | comply with any duty imposed upon him or her by this part, or to |
506 | do or cause to be done any of the things required by this part, |
507 | or does anything prohibited by this part shall, in addition to |
508 | any other penalty provided in this part, be liable for a fine of |
509 | $1,000 or five times the retail value of the cigarettes |
510 | involved, whichever is greater. |
511 | (2) Whoever fails to pay any tax imposed by this part at |
512 | the time prescribed by law or rules shall, in addition to any |
513 | other penalty provided in this part, be liable for a penalty of |
514 | five times the unpaid tax due. |
515 | Section 10. This act shall take effect upon becoming a |
516 | law. |