2 | The Committee on Business Regulation recommends the following: |
3 |
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4 | Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to transportation and sale of cigarettes; |
8 | amending s. 210.01, F.S.; revising and providing |
9 | definitions; amending s. 210.05, F.S.; providing stamp |
10 | requirements for cigarettes in transport; providing stamp |
11 | exceptions for certain cigarettes; providing |
12 | nonapplicability of stamp requirements for certain |
13 | cigarettes; requiring transporters of certain cigarettes |
14 | to submit certain reports; requiring such transporters to |
15 | make certain certifications under oath and subject to |
16 | penalties for perjury; providing a definition; providing |
17 | applicability; amending s. 210.06, F.S.; revising |
18 | requirements for and limitations on the affixation of |
19 | stamps; providing requirements with respect to receipt, |
20 | possession, storage, and transport of unstamped cigarette |
21 | packages; creating s. 210.085, F.S.; requiring |
22 | manufacturers, importers, distributing agents, dealers, |
23 | and retail dealers to hold a current, valid permit to |
24 | sell, distribute, or receive cigarettes; amending s. |
25 | 210.09, F.S.; providing notice and filing guidelines for |
26 | certain persons shipping unstamped cigarette packages; |
27 | authorizing certain law enforcement officials to inspect |
28 | certain shipping vehicles; amending s. 210.12, F.S.; |
29 | authorizing the state to claim certain property and |
30 | materials from certain dealers and retailers who attempt |
31 | to defraud the state; authorizing the destruction of |
32 | certain cigarettes; amending s. 210.15, F.S.; providing |
33 | criteria for permit application; prohibiting issuance, |
34 | maintenance, or renewal of certain permits for certain |
35 | applicants; providing guidelines for permit application |
36 | denial; amending s. 210.18, F.S.; expanding the group of |
37 | violators subject to criminal liability; prohibiting the |
38 | sale or possession for sale of counterfeit cigarettes; |
39 | providing penalties; creating s. 210.181, F.S.; providing |
40 | civil penalties for failure to comply with certain duties |
41 | or pay certain taxes; providing an effective date. |
42 |
|
43 | Be It Enacted by the Legislature of the State of Florida: |
44 |
|
45 | Section 1. Subsections (6) and (7) of section 210.01, |
46 | Florida Statutes, are amended, and subsections (19) through (23) |
47 | are added to said section, to read: |
48 | 210.01 Definitions.--When used in this part the following |
49 | words shall have the meaning herein indicated: |
50 | (6) "Wholesale dealer" means any person located inside or |
51 | outside this state who sells cigarettes to retail dealers or |
52 | other persons for purposes of resale only, or any person who |
53 | operates more than one cigarette vending machine located in more |
54 | than one place of business. Such term shall not include any |
55 | cigarette manufacturer, export warehouse proprietor, or importer |
56 | with a valid permit under 26 U.S.C. s. 5712 if such person sells |
57 | or distributes cigarettes in this state only to dealers who are |
58 | agents and who hold valid and current permits under s. 210.15 or |
59 | to an export warehouse proprietor or another manufacturer. |
60 | (7) "Retail dealer" means any person located inside or |
61 | outside this state other than a wholesale dealer engaged in the |
62 | business of selling cigarettes, including persons licensed |
63 | pursuant to s. 569.003. |
64 | (19) "Stamp" or "stamps" means the indicia required to be |
65 | placed on cigarette packages that evidences payment of the tax |
66 | on cigarettes under s. 210.02. |
67 | (20) "Importer" means any person with a valid permit under |
68 | 26 U.S.C. s. 5712 who imports into the United States, directly |
69 | or indirectly, a finished cigarette for sale or distribution. |
70 | (21) "Manufacturer" means any person with a valid permit |
71 | under 26 U.S.C. s. 5712 who manufactures, fabricates, assembles, |
72 | processes, or labels a finished cigarette. |
73 | (22) "Counterfeit cigarettes" means cigarettes that have |
74 | false manufacturing labels, tobacco product packs without tax |
75 | stamps or with counterfeit tax stamps, or any combination |
76 | thereof. |
77 | (23) "Brand family" means all styles of cigarettes sold |
78 | under the same trademark and differentiated from one another by |
79 | means of additional modifiers or descriptors, including, but not |
80 | limited to, "menthol," "lights," "kings," and "100s," and |
81 | includes any brand name used alone or in conjunction with any |
82 | other word, trademark, logo, symbol, motto, selling message, |
83 | recognizable pattern of colors, or any other indicia of product |
84 | identification identical or similar to, or identifiable with, a |
85 | previously known brand of cigarettes. |
86 | Section 2. Subsection (6) is added to section 210.05, |
87 | Florida Statutes, to read: |
88 | 210.05 Preparation and sale of stamps; discount.-- |
89 | (6)(a) A person may not transport or cause to be |
90 | transported from this state cigarettes for sale in another state |
91 | without first affixing to the cigarettes the stamp required by |
92 | the state in which the cigarettes are to be sold or paying any |
93 | other excise tax on the cigarettes imposed by the state in which |
94 | the cigarettes are to be sold. |
95 | (b) A person may not affix to cigarettes the stamp |
96 | required by another state or pay any other excise tax on the |
97 | cigarettes imposed by another state if the other state prohibits |
98 | stamps from being affixed to the cigarettes, prohibits the |
99 | payment of any other excise tax on the cigarettes, or prohibits |
100 | the sale of the cigarettes. |
101 | (c) The requirements of paragraphs (a) and (b) do not |
102 | apply to cigarettes with respect to which the manufacturer or |
103 | importer is either a Participating Manufacturer as defined in |
104 | section II(jj) of the Master Settlement Agreement or is in full |
105 | compliance with the Qualifying Statute as defined in section |
106 | IX(d)(2)(E) of the Master Settlement Agreement of the state in |
107 | which the cigarettes are to be sold. An exemption pursuant to |
108 | this paragraph may only be asserted with respect to cigarettes |
109 | that, in the case of a Participating Manufacturer, are deemed to |
110 | be its cigarettes for purposes of calculating its payments under |
111 | the Master Settlement Agreement for the relevant year in the |
112 | volumes and shares determined pursuant to the Master Settlement |
113 | Agreement and, in the case of any other manufacturer or |
114 | importer, are deemed to be its cigarettes for purposes of the |
115 | applicable Qualifying Statute. For purposes of this paragraph, |
116 | the term "Master Settlement Agreement" means the settlement |
117 | agreement and related documents entered into in 1998 by 46 |
118 | states and leading United States tobacco manufacturers. A person |
119 | asserting an exemption pursuant to this paragraph shall submit |
120 | the report required by paragraph (d) and shall certify as |
121 | provided therein. |
122 | (d) On or before the 10th day of each month, a person who |
123 | transports or causes to be transported from this state |
124 | cigarettes for sale in another state shall submit to the |
125 | division a report identifying the quantity and brand family of |
126 | each brand of the cigarettes transported or caused to be |
127 | transported in the preceding calendar month and the name and |
128 | address of each recipient of the cigarettes. Such person shall |
129 | also certify under oath and subject to the penalties of perjury |
130 | that: |
131 | 1. The stamps required by paragraph (a) have been affixed |
132 | in accordance with said paragraph or that such stamps were not |
133 | affixed per paragraph (b); or |
134 | 2. The requirements of paragraph (c) have been satisfied. |
135 | (e) For purposes of this subsection, the term "person" |
136 | means an individual, partnership, committee, association, |
137 | corporation, or any other organization or group of persons. |
138 | "Person" does not include any common or contract carrier or any |
139 | public warehouse that is not owned, in whole or in part, |
140 | directly or indirectly, by the person transporting the |
141 | cigarettes or causing the transport to be made. |
142 | (f) Nothing in this subsection shall be deemed to |
143 | authorize the possession or transportation of cigarettes by any |
144 | person not so authorized by another provision of this part. |
145 | Section 3. Subsection (1) of section 210.06, Florida |
146 | Statutes, is amended, and subsection (5) is added to said |
147 | section, to read: |
148 | 210.06 Affixation of stamps; presumption.-- |
149 | (1) Every dealer within or without the state shall affix |
150 | or cause to be affixed to such package or container of such |
151 | cigarettes such, stamps as are required under this section |
152 | within 10 days after receipt of such products. Dealers outside |
153 | this state shall affix such stamps before the shipment of |
154 | cigarettes into this state, evidencing the payment of the tax |
155 | imposed by virtue of this part before such cigarettes are |
156 | offered for sale or use or consumed or before they are otherwise |
157 | disposed of in the state. |
158 | (a) A tax stamp shall be applied to all cigarette packages |
159 | intended for sale or distribution to consumers subject to the |
160 | tax imposed under s. 210.02, except as otherwise provided in |
161 | this part. |
162 | (b) No stamp shall be applied to any cigarette package |
163 | exempt from tax under 26 U.S.C. s. 5704 that is distributed by a |
164 | manufacturer pursuant to federal regulations. |
165 | (c) Dealers may apply stamps only to cigarette packages |
166 | received directly from a manufacturer or importer of cigarettes |
167 | who possesses a valid and current permit under 26 U.S.C. s. |
168 | 5712. |
169 | (5) Except as provided in s. 210.09(1), no person, other |
170 | than a dealer that receives unstamped cigarette packages |
171 | directly from a cigarette manufacturer or importer in accordance |
172 | with this section and s. 210.085, shall hold or possess an |
173 | unstamped cigarette package. Dealers shall be permitted to set |
174 | aside, without application of stamps, only such part of the |
175 | dealer's stock that is identified for sale or distribution |
176 | outside this state. If a dealer maintains stocks of unstamped |
177 | cigarette packages, such unstamped packages shall be stored |
178 | separately from stamped product packages. No unstamped cigarette |
179 | packages shall be transferred by a dealer to another facility of |
180 | the dealer within this state or to another person within this |
181 | state. |
182 | Section 4. Section 210.085, Florida Statutes, is created |
183 | to read: |
184 | 210.085 Transactions only with permitted manufacturers, |
185 | importers, distributing agents, dealers, and retail dealers.--A |
186 | manufacturer, importer, or distributing agent may sell or |
187 | distribute cigarettes to a person located or doing business |
188 | within this state, including on any tribal lands located within |
189 | the borders of this state, only if such person is a dealer with |
190 | a valid, current permit under s. 210.15. A dealer may sell or |
191 | distribute cigarettes to a person located or doing business |
192 | within this state, including on any tribal lands located within |
193 | the borders of this state, only if such person is a dealer or |
194 | retail dealer with a valid, current permit under s. 569.003. A |
195 | dealer may obtain cigarettes only from a manufacturer or |
196 | importer who possesses a valid, current permit under 26 U.S.C. |
197 | s. 5712 or from a distributing agent or dealer with a valid, |
198 | current permit under s. 210.15. A retail dealer may obtain |
199 | cigarettes only from a manufacturer or dealer with a valid, |
200 | current permit under s. 210.15. |
201 | Section 5. Subsection (1) of section 210.09, Florida |
202 | Statutes, is amended to read: |
203 | 210.09 Records to be kept; reports to be made; |
204 | examination.-- |
205 | (1)(a) Every person who shall possess or transport any |
206 | unstamped cigarettes upon the public highways, roads, or streets |
207 | of the state, shall be required to have in his or her actual |
208 | possession invoices or delivery tickets for such cigarettes. The |
209 | absence of such invoices or delivery tickets shall be prima |
210 | facie evidence that such person is a dealer in cigarettes in |
211 | this state and subject to the provisions of this part. |
212 | (b) Any person who ships unstamped cigarette packages into |
213 | this state other than to a dealer holding a valid, current |
214 | permit pursuant to s. 210.15 shall first file with the division |
215 | a notice of such shipment. This paragraph shall not apply to any |
216 | common or contract carrier that is transporting cigarettes |
217 | through this state to another location outside this state under |
218 | a proper bill of lading or freight bill that states the |
219 | quantity, source, and destination of such cigarettes. |
220 | (c) In any case in which the division or its duly |
221 | authorized agent, or any law enforcement officer of this state, |
222 | has knowledge or reasonable grounds to believe that any vehicle |
223 | is transporting cigarettes in violation of this part, the |
224 | division, such agent, or such law enforcement officer is |
225 | authorized to stop such vehicle and inspect the vehicle for |
226 | contraband cigarettes. |
227 | Section 6. Subsection (1) of section 210.12, Florida |
228 | Statutes, is amended, subsections (2) through (6) of said |
229 | section are renumbered as subsections (4) through (8), |
230 | respectively, and new subsections (2) and (3) are added to said |
231 | section, to read: |
232 | 210.12 Seizures; forfeiture proceedings.-- |
233 | (1) The state, acting by and through the division, shall |
234 | be authorized and empowered to seize, confiscate, and forfeit |
235 | for the use and benefit of the state, any cigarettes upon which |
236 | taxes payable hereunder may be unpaid or that are otherwise held |
237 | in violation of the requirements of this chapter, and also any |
238 | vending machine or receptacle in which such cigarettes upon |
239 | which taxes have not been paid are held for sale, or any vending |
240 | machine that does not have affixed thereto the identification |
241 | sticker required by the provisions of s. 210.07, or which does |
242 | not display at all times at least one package of each brand of |
243 | cigarettes located therein so the same is clearly visible and |
244 | arranged in such a manner that the cigarette tax stamp or meter |
245 | impression of the stamp affixed thereto is clearly visible. Such |
246 | seizure may be made by the division, its duly authorized |
247 | representative, any sheriff or deputy sheriff, or any police |
248 | officer. |
249 | (2) All fixtures, equipment, and other materials and |
250 | personal property on the premises of any dealer or retail dealer |
251 | who, with intent to defraud the state, fails to keep or make any |
252 | record, return, report, or inventory required by this part; |
253 | keeps or makes any false or fraudulent record, return, report, |
254 | or inventory required by this part; refuses to pay any tax |
255 | imposed by this part; or attempts in any manner to evade or |
256 | defeat the requirements of this part shall be forfeited to the |
257 | state. |
258 | (3) All cigarettes seized, confiscated, and forfeited to |
259 | the state under this part shall be destroyed. |
260 | Section 7. Subsection (1) of section 210.15, Florida |
261 | Statutes, is amended to read: |
262 | 210.15 Permits.-- |
263 | (1)(a) Every person, firm, or corporation desiring to |
264 | engage in business as a manufacturer, importer, exporter, |
265 | distributing agent, or wholesale dealer of cigarettes deal in |
266 | cigarettes as a distributing agent, wholesale dealer, or |
267 | exporter within this state shall file with the division an |
268 | application for a cigarette permit for each place of business |
269 | located within this state or, in the absence of such place of |
270 | business in this state, for wherever its principal place of |
271 | business is located with the Division of Alcoholic Beverages and |
272 | Tobacco. Every application for a cigarette permit shall be made |
273 | on forms furnished by the division and shall set forth the name |
274 | under which the applicant transacts or intends to transact |
275 | business, the location of the applicant's place of business |
276 | within the state, if any, and such other information as the |
277 | division may require. If the applicant has or intends to have |
278 | more than one place of business dealing in cigarettes within |
279 | this state, the application shall state the location of each |
280 | place of business. If the applicant is an association, the |
281 | application shall set forth the names and addresses of the |
282 | persons constituting the association, and if a corporation, the |
283 | names and addresses of the principal officers thereof and any |
284 | other information prescribed by the division for the purpose of |
285 | identification. The application shall be signed and verified by |
286 | oath or affirmation by the owner, if a natural person, and in |
287 | the case of an association or partnership, members or partners |
288 | thereof, and in the case of a corporation, by an executive |
289 | officer thereof or by any person specifically authorized by the |
290 | corporation to sign the application, to which shall be attached |
291 | the written evidence of this authority. The cigarette permit for |
292 | a distributing agent shall be issued annually for which an |
293 | annual fee of $5 shall be charged. |
294 | (b) The holder of any duly issued, annual permit for a |
295 | distributing agent shall be entitled to a renewal of his or her |
296 | annual permit from year to year as a matter of course, on or |
297 | before July 1, upon making application to the division and upon |
298 | payment of this annual permit fee. |
299 | (c) Permits The permit for a distributing agent, wholesale |
300 | dealer, or exporter shall be issued only to persons of good |
301 | moral character, who are not less than 18 years of age. |
302 | Distributing agent, wholesale dealer, or exporter Permits to |
303 | corporations shall be issued only to corporations whose officers |
304 | are of good moral character and not less than 18 years of age. |
305 | There shall be no exemptions from the permit fees herein |
306 | provided to any persons, association of persons, or corporation, |
307 | any law to the contrary notwithstanding. |
308 | (d) No distributing agent, wholesale dealer, or exporter |
309 | permit shall be issued, maintained, or renewed if the applicant, |
310 | its officers, or any person or persons owning directly or |
311 | indirectly, in the aggregate, more than 10 percent of the |
312 | ownership interests in the applicant: |
313 | 1. Owes $500 or more in delinquent cigarette taxes; |
314 | 2. Had a cigarette importer, retail dealer, or dealer |
315 | permit revoked by the division within the previous 2 years; |
316 | 3. Has been convicted of selling stolen or counterfeit |
317 | cigarettes, receiving stolen cigarettes, or being involved in |
318 | the counterfeiting of cigarettes; or |
319 | 4. to any person who Has been convicted within the past 5 |
320 | years of any offense against the cigarette laws of this state or |
321 | who has been convicted in this state, any other state, or the |
322 | United States during the past 5 years of any offense designated |
323 | as a felony by such state or the United States, or to a |
324 | corporation, any of whose officers have been so convicted. The |
325 | term "convicted" "conviction" shall include an adjudication of |
326 | guilt on a plea of guilty or a plea of nolo contendere, or the |
327 | forfeiture of a bond when charged with a crime. |
328 | (e)(d) The division may refuse to issue a distributing |
329 | agent, wholesale, or exporter permit to any person, firm, or |
330 | corporation whose permit under the cigarette law has been |
331 | revoked or to any corporation, an officer of which has had his |
332 | or her permit under the cigarette law revoked, or to any person |
333 | who is or has been an officer of a corporation whose permit has |
334 | been revoked under the cigarette law. Any permit issued to a |
335 | firm or corporation prohibited from obtaining such permit under |
336 | the cigarette law may be revoked by the division. |
337 | (f)(e) Prior to an application for a distributing agent, |
338 | wholesale dealer, or exporter permit being approved, the |
339 | applicant shall file a set of fingerprints on forms provided by |
340 | the division. The applicant shall also file a set of |
341 | fingerprints for any person or persons interested directly or |
342 | indirectly with the applicant in the business for which the |
343 | permit is being sought, when so required by the division. If the |
344 | applicant or any person interested with the applicant, either |
345 | directly or indirectly, in the business for which the permit is |
346 | sought shall be such a person as is within the definition of |
347 | persons to whom a distributing agent, wholesale dealer, or |
348 | exporter permit shall be denied, then the application may be |
349 | denied by the division. If the applicant is a partnership, all |
350 | members of the partnership are required to file said |
351 | fingerprints, or if a corporation, all principal officers of the |
352 | corporation are required to file said fingerprints. The |
353 | cigarette permit for a wholesale dealer or exporter shall be |
354 | originally issued at a fee of $100, which sum is to cover the |
355 | cost of the investigation required before issuing such permit. |
356 | (g)(f) The cigarette permits issued under this section |
357 | permit for a wholesale dealer or exporter shall be renewed from |
358 | year to year as a matter of course, at an annual cost of $100, |
359 | on or before July 1, upon making application to the division and |
360 | upon payment of the annual renewal fee. |
361 | (h)(g) Permittees, by acceptance of their permits, agree |
362 | that their places of business or vehicles transporting |
363 | cigarettes shall always be subject to be inspected and searched |
364 | without a search warrant for the purpose of ascertaining that |
365 | all provisions of this part are complied with by authorized |
366 | employees of the division and also by sheriffs, deputy sheriffs, |
367 | and police officers during business hours or during any other |
368 | time such premises are occupied by the permittee or other |
369 | persons. Retail cigarette dealers and manufacturers' |
370 | representatives, by dealing in cigarettes, agree that their |
371 | places of business or vehicles transporting cigarettes shall |
372 | always be subject to inspection and search without a search |
373 | warrant for the purpose of ascertaining that all provisions of |
374 | this part are complied with by authorized employees of the |
375 | division and also by sheriffs, deputy sheriffs, and police |
376 | officers during business hours or other times when the premises |
377 | are occupied by the retail dealer or manufacturers' |
378 | representatives or other persons. |
379 | (i)(h) No retail sales of cigarettes may be made at a |
380 | location for which a wholesale dealer, distributing agent, or |
381 | exporter permit has been issued. The excise tax on sales made to |
382 | any traveling location, such as an itinerant store or industrial |
383 | caterer, shall be paid into the General Revenue Fund |
384 | unallocated. Cigarettes may be purchased for retail purposes |
385 | only from a person holding a wholesale dealer permit. The |
386 | invoice for the purchase of cigarettes must show the place of |
387 | business for which the purchase is made and the cigarettes |
388 | cannot be transferred to any other place of business for the |
389 | purpose of resale. |
390 | Section 8. Subsections (2), (3), and (6) of section |
391 | 210.18, Florida Statutes, are amended, and subsection (9) is |
392 | added to said section, to read: |
393 | 210.18 Penalties for tax evasion; reports by sheriffs.-- |
394 | (2) Except as otherwise provided in this section, any |
395 | person wholesale or retail dealer who fails, neglects, or |
396 | refuses to comply with, or violates the provisions of, this part |
397 | or the rules adopted and regulations promulgated by the division |
398 | under this part commits is guilty of a misdemeanor of the first |
399 | degree, punishable as provided in s. 775.082 or s. 775.083. Any |
400 | person wholesale or retail dealer who has been convicted of a |
401 | violation of any provision of the cigarette tax law and who is |
402 | thereafter convicted of a further violation of the cigarette tax |
403 | law is, upon conviction of such further offense, guilty of a |
404 | felony of the third degree, punishable as provided in s. |
405 | 775.082, s. 775.083, or s. 775.084. |
406 | (3) Any person who falsely or fraudulently makes, forges, |
407 | alters, or counterfeits any stamp or impression die used in |
408 | meter machines prescribed by the division under the provisions |
409 | of this part; or, with intent to evade taxes, jams, tampers |
410 | with, or alters such a machine; or causes or procures to be |
411 | falsely or fraudulently made, forged, altered, or counterfeited |
412 | any such stamp or die; or knowingly and willfully utters, |
413 | purchases, passes or tenders as true any such false, altered, or |
414 | counterfeited stamp or die impression; or, with the intent to |
415 | defraud the state, fails to comply with any other requirement of |
416 | this chapter commits is guilty of a felony of the third degree, |
417 | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. |
418 | (6)(a) Every person, firm, or corporation, other than a |
419 | licensee under the provisions of this part, who possesses, |
420 | removes, deposits, or conceals, or aids in the possessing, |
421 | removing, depositing, or concealing of, any unstamped cigarettes |
422 | not in excess of 50 cartons is guilty of a misdemeanor of the |
423 | second degree, punishable as provided in s. 775.082 or s. |
424 | 775.083. In lieu of the penalties provided in those sections, |
425 | however, the person, firm, or corporation may pay the tax plus a |
426 | penalty equal to the amount of the tax authorized under s. |
427 | 210.02 on the unstamped cigarettes. |
428 | (a)(b) Every person, firm, or corporation, other than a |
429 | licensee under the provisions of this part, who possesses, |
430 | removes, deposits, or conceals, or aids in the possessing, |
431 | removing, depositing, or concealing of, any unstamped cigarettes |
432 | in excess of 50 cartons is presumed to have knowledge that they |
433 | have not been taxed and commits is guilty of a felony of the |
434 | third degree, punishable as provided in s. 775.082, s. 775.083, |
435 | or s. 775.084. |
436 | (b)(c) This section does not apply to a person possessing |
437 | not in excess of three cartons of such cigarettes purchased by |
438 | such possessor outside the state in accordance with the laws of |
439 | the place where purchased and brought into this state by such |
440 | possessor. The burden of proof that such cigarettes were |
441 | purchased outside the state and in accordance with the laws of |
442 | the place where purchased shall in all cases be upon the |
443 | possessor of such cigarettes. |
444 | (9) Notwithstanding any other provision of law, the sale |
445 | or possession for sale of counterfeit cigarettes by any person |
446 | or by a manufacturer, importer, distributing agent, wholesale |
447 | dealer, or retail dealer shall result in the seizure of the |
448 | product and related machinery by the division or any law |
449 | enforcement agency and shall be punishable as follows: |
450 | (a)1. A first violation with a total quantity of less than |
451 | two cartons of cigarettes or the equivalent amount of other |
452 | cigarettes shall be punishable by a fine not to exceed $1,000 or |
453 | five times the retail value of the cigarettes involved, |
454 | whichever is greater, or imprisonment not to exceed 5 years, or |
455 | both. |
456 | 2. A subsequent violation with a total quantity of less |
457 | than two cartons of cigarettes or the equivalent amount of other |
458 | cigarettes shall be punishable by a fine not to exceed $5,000 or |
459 | five times the retail value of the cigarettes involved, |
460 | whichever is greater, or imprisonment not to exceed 5 years, or |
461 | both, and shall also result in the revocation by the division of |
462 | the permit of the manufacturer, importer, distributing agent, |
463 | wholesale dealer, or retail dealer. |
464 | (b)1. A first violation with a total quantity of two or |
465 | more cartons of cigarettes or the equivalent amount of other |
466 | cigarettes shall be punishable by a fine not to exceed $2,000 or |
467 | five times the retail value of the cigarettes involved, |
468 | whichever is greater, or imprisonment not to exceed 5 years, or |
469 | both. |
470 | 2. A subsequent violation with a quantity of two cartons |
471 | of cigarettes or more or the equivalent amount of other |
472 | cigarettes shall be punishable by a fine not to exceed $50,000 |
473 | or five times the retail value of the cigarettes involved, |
474 | whichever is greater, or imprisonment not to exceed 5 years, or |
475 | both, and shall also result in the revocation by the division of |
476 | the permit of the manufacturer, importer, distributing agent, |
477 | wholesale dealer, or retail dealer. |
478 |
|
479 | For purposes of this subsection, any counterfeit cigarettes |
480 | seized by the division shall be destroyed. |
481 | Section 9. Section 210.181, Florida Statutes, is created |
482 | to read: |
483 | 210.181 Civil penalties.-- |
484 | (1) Whoever knowingly omits, neglects, or refuses to |
485 | comply with any duty imposed upon him or her by this part, or to |
486 | do or cause to be done any of the things required by this part, |
487 | or does anything prohibited by this part shall, in addition to |
488 | any other penalty provided in this part, be liable for a fine of |
489 | $1,000 or five times the retail value of the cigarettes |
490 | involved, whichever is greater. |
491 | (2) Whoever fails to pay any tax imposed by this part at |
492 | the time prescribed by law or rules shall, in addition to any |
493 | other penalty provided in this part, be liable for a penalty of |
494 | five times the unpaid tax due. |
495 | Section 10. This act shall take effect upon becoming a |
496 | law. |