| 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. |