Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. CS for SB 224 Ì755288UÎ755288 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/20/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) is added to section 569.002, 6 Florida Statutes, to read: 7 569.002 Definitions.—As used in this chapter, the term: 8 (8) “Nicotine dispensing devices” means any product that 9 can be used to deliver nicotine to an individual by inhaling 10 vaporized nicotine from the product, including, but not limited 11 to, an electronic cigarette, electronic cigar, electronic 12 cigarillo, electronic pipe, or other similar device or product 13 and any replacement nicotine cartridge for the device or 14 product. 15 Section 2. Section 569.0075, Florida Statutes, is amended 16 to read: 17 569.0075 Gift of sample tobacco products or sample nicotine 18 dispensing devices prohibited.—The gift of sample tobacco 19 products or sample nicotine dispensing devices to any person 20 under the age of 18 by an entity licensed or permitted under the 21 provisions of chapter 210 or this chapter, or by an employee of 22 such entity, is prohibited and is punishable as provided in s. 23 569.101. 24 Section 3. Subsections (1) and (3) of section 569.101, 25 Florida Statutes, are amended to read: 26 569.101 Selling, delivering, bartering, furnishing, or 27 giving tobacco products or nicotine dispensing devices to 28 persons under 18 years of age; criminal penalties; defense.— 29 (1) It is unlawful to sell, deliver, barter, furnish, or 30 give, directly or indirectly, to any person who is under 18 31 years of age, any tobacco product or nicotine dispensing device. 32 (3) A person charged with a violation of subsection (1) has 33 a complete defense if, at the time the tobacco product or 34 nicotine dispensing device was sold, delivered, bartered, 35 furnished, or given: 36 (a) The buyer or recipient falsely evidenced that she or he 37 was 18 years of age or older; 38 (b) The appearance of the buyer or recipient was such that 39 a prudent person would believe the buyer or recipient to be 18 40 years of age or older; and 41 (c) Such person carefully checked a driverdriver’slicense 42 or an identification card issued by this state or another state 43 of the United States, a passport, or a United States armed 44 services identification card presented by the buyer or recipient 45 and acted in good faith and in reliance upon the representation 46 and appearance of the buyer or recipient in the belief that the 47 buyer or recipient was 18 years of age or older. 48 Section 4. Subsections (1), (2), (5), and (6) of section 49 569.11, Florida Statutes, are amended to read: 50 569.11 Possession, misrepresenting age or military service 51 to purchase, and purchase of tobacco products or nicotine 52 dispensing devices by persons under 18 years of age prohibited; 53 penalties; jurisdiction; disposition of fines.— 54 (1) It is unlawful for any person under 18 years of age to 55 knowingly possess any tobacco product or nicotine dispensing 56 device. Any person under 18 years of age who violates the 57 provisions of this subsection commits a noncriminal violation as 58 provided in s. 775.08(3), punishable by: 59 (a) For a first violation, 16 hours of community service 60 or, instead of community service, a $25 fine. In addition, the 61 person must attend a school-approved anti-tobacco and nicotine 62 program, if locally available; 63 (b) For a second violation within 12 weeks of the first 64 violation, a $25 fine; or 65 (c) For a third or subsequent violation within 12 weeks of 66 the first violation, the court must direct the Department of 67 Highway Safety and Motor Vehicles to withhold issuance of or 68 suspend or revoke the person’s driverdriver’slicense or 69 driving privilege, as provided in s. 322.056. 70 71 Any second or subsequent violation not within the 12-week time 72 period after the first violation is punishable as provided for a 73 first violation. 74 (2) It is unlawful for any person under 18 years of age to 75 misrepresent his or her age or military service for the purpose 76 of inducing a dealer or an agent or employee of the dealer to 77 sell, give, barter, furnish, or deliver any tobacco product or 78 nicotine dispensing device, or to purchase, or attempt to 79 purchase, any tobacco product or nicotine dispensing device from 80 a person or a vending machine. Any person under 18 years of age 81 who violates a provision of this subsection commits a 82 noncriminal violation as provided in s. 775.08(3), punishable 83 by: 84 (a) For a first violation, 16 hours of community service 85 or, instead of community service, a $25 fine and, in addition, 86 the person must attend a school-approved anti-tobacco and 87 nicotine program, if available; 88 (b) For a second violation within 12 weeks of the first 89 violation, a $25 fine; or 90 (c) For a third or subsequent violation within 12 weeks of 91 the first violation, the court must direct the Department of 92 Highway Safety and Motor Vehicles to withhold issuance of or 93 suspend or revoke the person’s driverdriver’slicense or 94 driving privilege, as provided in s. 322.056. 95 96 Any second or subsequent violation not within the 12-week time 97 period after the first violation is punishable as provided for a 98 first violation. 99 (5)(a) If a person under 18 years of age is found by the 100 court to have committed a noncriminal violation under this 101 section and that person has failed to complete community 102 service, pay the fine as required by paragraph (1)(a) or 103 paragraph (2)(a), or attend a school-approved anti-tobacco 104 program, if locally available, the court must direct the 105 Department of Highway Safety and Motor Vehicles to withhold 106 issuance of or suspend the driverdriver’slicense or driving 107 privilege of that person fora period of30 consecutive days. 108 (b) If a person under 18 years of age is found by the court 109 to have committed a noncriminal violation under this section and 110 that person has failed to pay the applicable fine as required by 111 paragraph (1)(b) or paragraph (2)(b), the court must direct the 112 Department of Highway Safety and Motor Vehicles to withhold 113 issuance of or suspend the driverdriver’slicense or driving 114 privilege of that person fora period of45 consecutive days. 115 (6) Eighty percent of all civil penalties received by a 116 county court pursuant to this section shall be remitted by the 117 clerk of the court to the Department of Revenue for transfer to 118 the Department of Education to provide for teacher training and 119 for research and evaluation to reduce and prevent the use of 120 tobacco products or nicotine dispensing devices by children. The 121 remaining 20 percent of civil penalties received by a county 122 court pursuant to this section shall remain with the clerk of 123 the county court to cover administrative costs. 124 Section 5. Subsections (1), (2), and (3) of section 569.14, 125 Florida Statutes, are amended to read: 126 569.14 Posting of a sign stating that the sale of tobacco 127 products or nicotine dispensing devices to persons under 18 128 years of age is unlawful; enforcement; penalty.— 129 (1) Any dealer that sells tobacco products or nicotine 130 dispensing devices shall post a clear and conspicuous sign in 131 each place of business where such products are sold which 132 substantially states the following: 133 134 THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO 135 PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE 136 IS REQUIRED FOR PURCHASE. 137 138 (2) The division shall make available to dealers of tobacco 139 products or nicotine dispensing devices signs that meet the 140 requirements of subsection (1). 141 (3) Any dealer that sells tobacco products or nicotine 142 dispensing devices shall provide at the checkout counter in a 143 location clearly visible to the dealer, the dealer’s agent or 144 employee, instructional material in a calendar format or similar 145 format to assist in determining whether a person is of legal age 146 to purchase tobacco products or nicotine dispensing devices. 147 This point of sale material must contain substantially the 148 following language: 149 150 IF YOU WERE NOT BORN BEFORE THIS DATE 151 (insert date and applicable year) 152 YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 153 154 Upon approval by the division, in lieu of a calendar a dealer 155 may use card readers, scanners, or other electronic or automated 156 systems that can verify whether a person is of legal age to 157 purchase tobacco products or nicotine dispensing devices. 158 Failure to comply with the provisions contained in this 159 subsection shall result in imposition of administrative 160 penalties as provided in s. 569.006. 161 Section 6. Subsection (3) of section 569.19, Florida 162 Statutes, is amended to read: 163 569.19 Annual report.—The division shall report annually 164 with written findings to the Legislature and the Governor by 165 December 31, on the progress of implementing the enforcement 166 provisions of this chapter. This must include, but is not 167 limited to: 168 (3) The number of violations for selling tobacco products 169 or nicotine dispensing devices to persons under age 18, and the 170 results of administrative hearings on the above and related 171 issues. 172 Section 7. For the purpose of incorporating the amendments 173 made by this act to section 569.11, Florida Statutes, in a 174 reference thereto, subsections (2) and (3) of section 322.056, 175 Florida Statutes, are reenacted and amended to read: 176 322.056 Mandatory revocation or suspension of, or delay of 177 eligibility for, driverdriver’slicense for persons under age 178 18 found guilty of certain alcohol, drug, or tobacco offenses; 179 prohibition.— 180 (2) If a person under 18 years of age is found by the court 181 to have committed a noncriminal violation under s. 569.11 and 182 that person has failed to comply with the procedures established 183 in that section by failing to fulfill community service 184 requirements, failing to pay the applicable fine, or failing to 185 attend a locally available school-approved anti-tobacco program, 186 and: 187 (a) The person is eligible by reason of age for a driver 188driver’slicense or driving privilege, the court shall direct 189 the department to revoke or to withhold issuance of his or her 190 driverdriver’slicense or driving privilege as follows: 191 1. For the first violation, for 30 days. 192 2. For the second violation within 12 weeks of the first 193 violation, for 45 days. 194 (b) The person’s driverdriver’slicense or driving 195 privilege is under suspension or revocation for any reason, the 196 court shall direct the department to extend the period of 197 suspension or revocation by an additional period as follows: 198 1. For the first violation, for 30 days. 199 2. For the second violation within 12 weeks of the first 200 violation, for 45 days. 201 (c) The person is ineligible by reason of age for a driver 202driver’slicense or driving privilege, the court shall direct 203 the department to withhold issuance of his or her driver 204driver’slicense or driving privilege as follows: 205 1. For the first violation, for 30 days. 206 2. For the second violation within 12 weeks of the first 207 violation, for 45 days. 208 209 Any second violation of s. 569.11 not within the 12-week period 210 after the first violation will be treated as a first violation 211 and in the same manner as provided in this subsection. 212 (3) If a person under 18 years of age is found by the court 213 to have committed a third violation of s. 569.11 within 12 weeks 214 of the first violation, the court must direct the Department of 215 Highway Safety and Motor Vehicles to suspend or withhold 216 issuance of his or her driverdriver’slicense or driving 217 privilege for 60 consecutive days. Any third violation of s. 218 569.11 not within the 12-week period after the first violation 219 will be treated as a first violation and in the same manner as 220 provided in subsection (2). 221 Section 8. This act shall take effect July 1, 2014. 222 223 ================= T I T L E A M E N D M E N T ================ 224 And the title is amended as follows: 225 Delete everything before the enacting clause 226 and insert: 227 A bill to be entitled 228 An act relating to nicotine dispensing devices; 229 amending s. 569.002, F.S.; providing a definition; 230 amending s. 569.0075, F.S.; prohibiting the gift of 231 sample nicotine dispensing devices to persons under 18 232 years of age; amending s. 569.101, F.S.; prohibiting 233 the selling, delivering, bartering, furnishing, or 234 giving of nicotine dispensing devices to persons under 235 18 years of age, to which penalties apply; amending s. 236 569.11, F.S.; prohibiting persons under 18 years of 237 age from possessing, purchasing, or misrepresenting 238 their age or military service to purchase nicotine 239 dispensing devices; providing civil penalties; 240 amending s. 569.14, F.S.; requiring certain signage 241 where a dealer sells nicotine dispensing devices; 242 amending s. 569.19, F.S.; requiring the Division of 243 Alcoholic Beverages and Tobacco of the Department of 244 Business and Professional Regulation to submit the 245 number of violations for selling nicotine dispensing 246 devices in its annual report; reenacting and amending 247 s. 322.056(2) and (3), F.S., relating to mandatory 248 driver license revocation or suspension for persons 249 younger than 18 years of age who commit certain 250 offenses, to incorporate the amendments to s. 569.11, 251 F.S., in a reference thereto; making editorial 252 changes; providing an effective date.