| 1 | A bill to be entitled |
| 2 | An act relating to retail sales of smoking pipes and |
| 3 | smoking devices; creating s. 569.0073, F.S.; prohibiting |
| 4 | retail sales of certain smoking pipes and smoking devices |
| 5 | under certain circumstances; specifying criteria for the |
| 6 | lawful sales of such items; providing a criminal penalty |
| 7 | for unlawful sales of such items; providing an effective |
| 8 | date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 569.0073, Florida Statutes, is created |
| 13 | to read: |
| 14 | 569.0073 Special provisions; smoking pipes and smoking |
| 15 | devices.- |
| 16 | (1) It is unlawful for any person to offer for sale at |
| 17 | retail any of the items listed in subsection (2) unless such |
| 18 | person: |
| 19 | (a) Has a retail tobacco products dealer permit under s. |
| 20 | 569.003. The provisions of this chapter apply to any person that |
| 21 | offers for retail sale any of the items listed in subsection |
| 22 | (2). |
| 23 | (b) Derives at least 75 percent of its annual gross |
| 24 | revenues from the retail sale of cigarettes, cigars, and other |
| 25 | tobacco products. |
| 26 | (c) Derives no more than 25 percent of its annual gross |
| 27 | revenues from the retail sale of the items listed in subsection |
| 28 | (2). |
| 29 | (2) The following smoking pipes and smoking devices are |
| 30 | subject to the provisions of this section: |
| 31 | (a) Metal, wooden, acrylic, glass, stone, plastic, or |
| 32 | ceramic smoking pipes, with or without screens, permanent |
| 33 | screens, or punctured metal bowls. |
| 34 | (b) Water pipes. |
| 35 | (c) Carburetion tubes and devices. |
| 36 | (d) Chamber pipes. |
| 37 | (e) Carburetor pipes. |
| 38 | (f) Electric pipes. |
| 39 | (g) Air-driven pipes. |
| 40 | (h) Chillums. |
| 41 | (i) Bongs. |
| 42 | (j) Ice pipes or chillers. |
| 43 | (3) Any person who violates this section commits a |
| 44 | misdemeanor of the first degree, punishable as provided in s. |
| 45 | 775.082 or s. 775.083. |
| 46 | Section 2. This act shall take effect July 1, 2010. |