Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1840
       
       
       
       
       
       
                                Barcode 796546                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/07/2009           .                                
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       The Policy and Steering Committee on Ways and Means (Altman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4  
    5         Delete line 379
    6  and insert:
    7         Section 9. Subsection (5) of section 210.05, Florida
    8  Statutes, is amended to read:
    9         210.05 Preparation and sale of stamps; discount.—
   10         (5) Cigarettes sold to the Seminole Indian Tribe of Florida
   11  shall be administered as provided in s. 210.1801. Agents or
   12  wholesale dealers may sell stamped but untaxed cigarettes to the
   13  Seminole Indian Tribe, or to members thereof, for retail sale.
   14  Agents or wholesale dealers shall treat such cigarettes and the
   15  sale thereof in the same manner, with respect to reporting and
   16  stamping, as other sales under this part, but agents or
   17  wholesale dealers shall not collect from the purchaser the tax
   18  imposed by s. 210.02. The purchaser hereunder shall be
   19  responsible to the agent or wholesale dealer for the services
   20  and expenses incurred in affixing the stamps and accounting
   21  therefor.
   22         Section 10. Section 210.1801, Florida Statutes, is created
   23  to read:
   24         210.1801Administration of Indian-stamped cigarettes and
   25  other tobacco products; penalties for possession by non-tribal
   26  members.—
   27         (1)Agents or wholesale dealers may sell stamped but
   28  untaxed cigarettes to the Seminole Indian Tribe of Florida, or
   29  to members thereof, and to the Miccosukee Tribe of Florida
   30  Indians, or to members thereof, for retail sale to tribal
   31  members. Agents or wholesale dealers shall treat such cigarettes
   32  and the sale thereof in a fashion that distinguishes these
   33  cigarettes from those distributed or sold to nontribal members
   34  or entities by affixing a stamp that indicates the cigarettes as
   35  Indian cigarettes and agents or wholesale dealers shall not
   36  collect from the purchaser the tax imposed by s. 210.02 or the
   37  surcharge impose by s. 210.011. The purchaser is responsible to
   38  the agent or wholesale dealer for the services and expenses
   39  incurred in affixing the stamps and accounting thereof.
   40         (2)Agents or wholesale dealers may sell stamped but
   41  untaxed tobacco products as defined by s. 210.25(11) to the
   42  Seminole Indian Tribe of Florida, or to members thereof, and to
   43  the Miccosukee Tribe of Florida Indians, or to members thereof,
   44  for retail sale to tribal members. Agents or wholesale dealers
   45  shall treat such tobacco products and the sale thereof in a
   46  fashion that distinguishes these tobacco products from those
   47  distributed or sold to persons who are not tribal members or
   48  entities by affixing a stamp that indicates the cigarettes as
   49  Indian cigarettes and the tobacco products as Indian tobacco
   50  products and agents or wholesale dealers shall not collect from
   51  the purchaser the tax imposed by s. 210.02 or s. 210.30, or the
   52  surcharge imposed by s. 210.011 or s. 210.211. Such stamps shall
   53  identify the tribe, or member thereof, to which the cigarettes
   54  are sold. The purchaser is responsible to the agent or wholesale
   55  dealer for the services and expenses incurred in affixing the
   56  stamps and accounting thereof.
   57         (3)For purposes of this chapter, cigarettes stamped in a
   58  fashion that indicates them to be Indian cigarettes shall be
   59  known as “Indian cigarettes” and tobacco products that are
   60  stamped in a fashion that indicates the products to be Indian
   61  tobacco products shall be known as “Indian tobacco products.”
   62         (4)Excepting manufacturers or distributors licensed under
   63  the cigarette law and state bonded warehouses, a nontribal
   64  member who possesses Indian cigarettes or Indian tobacco
   65  products commits a misdemeanor of the first degree, punishable
   66  as provided in s. 775.082 or s. 775.084 and is liable for a fine
   67  of $1,000 or five times the retail value of the cigarettes
   68  involved, whichever is greater. The provisions of s.
   69  210.18(4)(b) do not apply to Indian cigarettes.
   70         (5)The division shall conduct a public-awareness campaign
   71  regarding the penalties for possession of Indian cigarettes or
   72  Indian tobacco products by nontribal members. A notice must be
   73  conspicuously displayed in every location where cigarettes or
   74  other tobacco products are sold which contains the following
   75  provision in conspicuous type: “NOTICE TO CUSTOMER: FLORIDA LAW
   76  PHOHIBITS THE POSESSION OR SALE OF ANY CIGARRETES BEARING INDIAN
   77  STAMPS BY NONTRIBAL MEMBERS. FLORIDA LAW ALSO PROHIBITS THE
   78  POSSESSION OR SALE OF ANY TOBACCO PRODUCTS BEARING INDAIN STAMPS
   79  BY NON-TRIBAL MEMBERS. VIOLATIONS OF THESE LAWS ARE A FIRST
   80  DEGREE MISDEMEANOR AND MAY RESULT IN IMPRISONMENT AND FINES OF
   81  $1000 OR FIVE TIMES THE RETAIL VALUE OF THE CIGARETTES OR
   82  TOBACCO PRODUCTS, WHICHEVER IS GREATER.” This notice must be
   83  provided at the expense of the retail dealer.
   84         (6)(a) A sheriff, deputy sheriff, police officer, or state
   85  law enforcement officer, upon the seizure of any Indian
   86  cigarettes or Indian tobacco products in the possession of non
   87  tribal members under this section, shall promptly report the
   88  seizure to the division or its representative, together with a
   89  description of all such cigarettes and tobacco products seized,
   90  so that the state may be kept informed as to the size and
   91  magnitude of the illicit cigarette business. The division shall
   92  keep records showing the number of seizures and seized
   93  cigarettes reported to, or seized by, the division.
   94         (b)The office of the sheriff, deputy sheriff, police
   95  officer, or state law enforcement agency that conducted the
   96  seizure is entitled to retain 50 percent of any fine recovered.
   97  Any such funds received may be used only for purposes of
   98  enhanced law enforcement activities.
   99         (7)Subsections (4) and (6) do not apply to cigarette and
  100  tobacco products sold to a tribe that has entered into an
  101  approved compact with the state which provides for revenue
  102  sharing between the tribe and the state relating to the
  103  imposition and collection of the taxes imposed by ss. 210.02 and
  104  210.30, and the surcharges imposed by ss. 210.011 and 210.211.
  105  Any compact must at a minimum provide for the state to receive
  106  as revenue sharing from the tribe the full amounts of the
  107  surcharges imposed by ss. 210.011 and 210.211.Upon the approval
  108  of a compact meeting the requirements of this subsection, the
  109  notice required in subsection (5) shall be modified to include:
  110  IT IS NOT A VIOLATION FOR NONTRIBAL MEMBERS TO POSSESS
  111  CIGARETTES OR TOBACCO PRODUCTS BEARING THE STAMP OF (Insert name
  112  of tribe for which compact has been established). Upon the
  113  approval of a compact meeting the conditions specified above
  114  with all Indian tribes, subsection (5) is no longer applicable.
  115         Section 11. There is appropriated the sum of $xxxxx to the
  116  Division of Alcoholic Beverages and Tobacco of the Department of
  117  Business and Professional Regulation for the purposes of
  118  conducting the public awareness campaign required under s.
  119  210.1801(5), Florida Statutes.
  120         Section 12. This act shall take effect July 1, 2009.
  121  
  122  ================= T I T L E  A M E N D M E N T ================
  123         And the title is amended as follows:
  124         Delete line 40
  125  and insert:
  126         amending s. 210.05, F.S.; conforming provisions to
  127         changes made by the act; creating s. 210.1801, F.S.;
  128         providing for the administration of Indian-stamped
  129         cigarettes and other tobacco products; providing that
  130         agents of the Division of Alcoholic Beverages and
  131         Tobacco of the Department of Business and Professional
  132         Regulation or wholesale dealers may sell stamped but
  133         untaxed cigarettes and tobacco products to the
  134         Seminole Indian Tribe of Florida and the Miccosukee
  135         Tribe of Florida Indians for retail sale to tribal
  136         members; prohibiting an agent or wholesale dealer from
  137         collecting from the purchaser certain taxes or
  138         surcharges imposed by law; requiring that cigarette
  139         and other tobacco product stamps identify the tribe,
  140         or member thereof, to which the cigarettes are sold;
  141         providing for criminal penalties; providing for a
  142         fine; requiring the division to conduct a public
  143         awareness campaign relating to the criminal possession
  144         of Indian cigarettes or Indian tobacco products by
  145         nontribal members; providing for the content of the
  146         notice required by law; requiring law enforcement
  147         agencies to report the seizure of Indian cigarettes or
  148         Indian tobacco products by nontribal members;
  149         providing that law enforcement agencies my retain a
  150         specified percentage of the fines recovered from the
  151         seizures; providing for an exemption applicable to
  152         signatories of an approved compact that provides for
  153         revenue sharing between the tribe and the state;
  154         providing for an appropriation; providing an effective
  155         date.