Florida Senate - 2009                              CS for SB 806
       
       
       
       By the Committee on Commerce; and Senator Constantine
       
       
       
       
       577-02951-09                                           2009806c1
    1                        A bill to be entitled                      
    2         An act relating to novelty lighters; prohibiting the
    3         sale or distribution of novelty lighters; providing a
    4         definition; providing an exception; providing
    5         penalties; providing an effective date.
    6  
    7  Be It Enacted by the Legislature of the State of Florida:
    8  
    9         Section 1. (1) Novelty lighters may not be sold at retail,
   10  given away, or otherwise distributed to anyone in this state.
   11         (2) As used in this section, the term “novelty lighter”
   12  means a mechanical device that uses a flammable gas or liquid or
   13  an electrical current to commonly ignite cigarettes, cigars, or
   14  pipes and that resembles any item that is typically appealing to
   15  children 10 years of age or younger, including, but not limited
   16  to, a lighter that resembles a cartoon character, animal, toy,
   17  gun, watch, musical instrument, vehicle, food, or beverage, that
   18  plays sounds or musical notes, or that displays flashing lights
   19  or other visual effects.
   20         (3) This section does not apply to lighters manufactured
   21  before January 1, 1980.
   22         (4) A first violation of this section is a misdemeanor of
   23  the second degree, punishable as provided in s. 775.082 or s.
   24  775.083, Florida Statutes. A second or subsequent violation is a
   25  misdemeanor of the first degree, punishable as provided in s.
   26  775.082 or s. 775.083, Florida Statues.
   27         Section 2. This act shall take effect July 1, 2009.