| 1 | A bill to be entitled |
| 2 | An act relating to novelty lighters; prohibiting the sale |
| 3 | or distribution of novelty lighters; providing a |
| 4 | definition; providing an exception; providing penalties; |
| 5 | providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. (1) Novelty lighters may not be sold at |
| 10 | retail, given away, or otherwise distributed to anyone in this |
| 11 | state. |
| 12 | (2) As used in this act, the term "novelty lighter" means |
| 13 | a mechanical device that uses a flammable gas or liquid or an |
| 14 | electrical current to commonly ignite cigarettes, cigars, or |
| 15 | pipes and that resembles a cartoon character, animal, gun, |
| 16 | watch, musical instrument, vehicle, or toy, or that plays sounds |
| 17 | or musical notes or displays flashing lights or other visual |
| 18 | effects. |
| 19 | (3) This act does not apply to lighters manufactured |
| 20 | before January 1, 1980. |
| 21 | (4) A first violation of this section is a misdemeanor of |
| 22 | the second degree, punishable as provided in s. 775.082 or s. |
| 23 | 775.083, Florida Statutes. A second or subsequent violation is a |
| 24 | misdemeanor of the first degree, punishable as provided in s. |
| 25 | 775.082 or s. 775.083, Florida Statutes. |
| 26 | Section 2. This act shall take effect July 1, 2009. |