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); and |
23 | (b)1. Derives at least 75 percent of its annual gross |
24 | revenues from the retail sale of cigarettes, cigars, and other |
25 | tobacco products; or |
26 | 2. 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. |