HB 417

1
A bill to be entitled
2An act relating to novelty lighters; prohibiting the sale
3or distribution of novelty lighters; providing a
4definition; providing an exception; providing penalties;
5providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  (1)  Novelty lighters may not be sold at
10retail, given away, or otherwise distributed to the public in
11this state.
12     (2)  As used in this act, the term "novelty lighter" means
13a mechanical device that uses a flammable gas or liquid or an
14electrical current to commonly ignite cigarettes, cigars, or
15pipes and that resembles any item that is typically appealing to
16or intended to be used by children 10 years of age or younger,
17including, but not limited to, a lighter that resembles a
18cartoon character, animal, toy, gun, watch, musical instrument,
19vehicle, food, or beverage, or that plays sounds or musical
20notes or displays flashing lights or other visual effects.
21     (3)  This act does not apply to lighters manufactured
22before January 1, 1980, or lighters that are considered
23collectibles.
24     (4)  A first violation of this section is a misdemeanor of
25the second degree, punishable as provided in s. 775.082 or s.
26775.083, Florida Statutes. A second or subsequent violation is a
27misdemeanor of the first degree, punishable as provided in s.
28775.082 or s. 775.083, Florida Statutes.
29     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.