Florida Senate - 2014 SB 224
By Senator Benacquisto
30-00133A-14 2014224__
1 A bill to be entitled
2 An act relating to alternative nicotine products;
3 amending s. 569.002, F.S.; providing and revising
4 definitions; amending s. 569.0075, F.S.; prohibiting
5 the gift of sample alternative nicotine products to
6 persons younger than 18 years of age; amending s.
7 569.101, F.S.; prohibiting the sale, delivery,
8 bartering, furnishing, or giving of alternative
9 nicotine products to persons younger than 18 years of
10 age; amending s. 569.11, F.S.; prohibiting a person
11 who is younger than 18 years of age from buying,
12 possessing, or misrepresenting his or her age in order
13 to buy alternative nicotine products; amending s.
14 569.14, F.S.; revising the contents of signs that must
15 be displayed at locations where alternative nicotine
16 products are available for purchase; reenacting s.
17 322.056(2) and (3), F.S., relating to mandatory driver
18 license revocation or suspension for persons younger
19 than 18 years of age who commit certain offenses, to
20 incorporate changes made by the act to s. 569.11,
21 F.S., in a reference thereto; providing an effective
22 date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 569.002, Florida Statutes, is amended to
27 read:
28 569.002 Definitions.—
29 (1) As used in this chapter, the term:
30 (a) “Alternative nicotine product” means a product that
31 consists of or contains nicotine that can be ingested into the
32 body by any means, including, but not limited to, chewing,
33 smoking, absorbing, dissolving, and inhaling. The term includes
34 an electronic cigarette, but does not include any of the
35 following:
36 1. Tobacco products.
37 2. A product that is a drug as defined in 21 U.S.C. s.
38 321(g)(1).
39 3. A product that is a device as defined in 21 U.S.C. s.
40 321(h).
41 4. A combination product that is a device regulated under
42 21 U.S.C. s. 353(g).
43 (1) “Dealer” is synonymous with the term “retail tobacco
44 products dealer.”
45 (b)(2) “Division” means the Division of Alcoholic Beverages
46 and Tobacco of the Department of Business and Professional
47 Regulation.
48 (c) “Electronic cigarette” means a device or product that
49 produces a vapor that delivers nicotine or other substances to a
50 person inhaling from the device to simulate smoking and that is
51 offered to or purchased by consumers as an electronic cigarette,
52 electronic cigar, electronic cigarillo, electronic pipe, or
53 other similar device or product.
54 (3) “Permit” is synonymous with the term “retail tobacco
55 products dealer permit.”
56 (d)(4) “Retail tobacco products dealer” or “dealer” means
57 the holder of a retail tobacco products dealer permit.
58 (e)(5) “Retail tobacco products dealer permit” or “permit”
59 means a permit issued by the division pursuant to s. 569.003.
60 (f)(6) “Tobacco products” includes loose tobacco leaves,
61 and products made from tobacco leaves, in whole or in part, and
62 cigarette wrappers, which can be used for smoking, sniffing, or
63 chewing.
64 (2)(7) The term “Any person under the age of 18” does not
65 include a any person under the age of 18 who:
66 (a) Has had his or her disability of nonage removed under
67 chapter 743;
68 (b) Is in the military reserve or on active duty in the
69 Armed Forces of the United States;
70 (c) Is otherwise emancipated by a court of competent
71 jurisdiction and released from parental care and responsibility;
72 or
73 (d) Is acting in his or her scope of lawful employment with
74 an entity licensed under the provisions of chapter 210 or this
75 chapter.
76 Section 2. Section 569.0075, Florida Statutes, is amended
77 to read:
78 569.0075 Sample gifts of Gift of sample tobacco products or
79 alternative nicotine products prohibited.—The gift of sample
80 tobacco products or alternative nicotine products to a any
81 person under the age of 18 by an entity licensed or permitted
82 under the provisions of chapter 210 or this chapter, or by an
83 employee of such entity, is prohibited and is punishable as
84 provided in s. 569.101.
85 Section 3. Section 569.101, Florida Statutes, is amended to
86 read:
87 569.101 Selling, delivering, bartering, furnishing, or
88 giving tobacco products or alternative nicotine products to
89 persons under 18 years of age; criminal penalties; defense.—
90 (1) It is unlawful to sell, deliver, barter, furnish, or
91 give, directly or indirectly, to a any person who is under 18
92 years of age, any tobacco product or alternative nicotine
93 product.
94 (2) A Any person who violates subsection (1) commits a
95 misdemeanor of the second degree, punishable as provided in s.
96 775.082 or s. 775.083. However, a any person who violates
97 subsection (1) for a second or subsequent time within 1 year of
98 the first violation, commits a misdemeanor of the first degree,
99 punishable as provided in s. 775.082 or s. 775.083.
100 (3) A person charged with a violation of subsection (1) has
101 a complete defense if, at the time the tobacco product or
102 alternative nicotine product was sold, delivered, bartered,
103 furnished, or given:
104 (a) The buyer or recipient falsely evidenced that she or he
105 was 18 years of age or older;
106 (b) The appearance of the buyer or recipient was such that
107 a prudent person would believe the buyer or recipient to be 18
108 years of age or older; and
109 (c) Such person carefully checked a driver driver’s license
110 or an identification card issued by this state or another state
111 of the United States, a passport, or a United States armed
112 services identification card presented by the buyer or recipient
113 and acted in good faith and in reliance upon the representation
114 and appearance of the buyer or recipient in the belief that the
115 buyer or recipient was 18 years of age or older.
116 Section 4. Section 569.11, Florida Statutes, is amended to
117 read:
118 569.11 Possession, misrepresenting age or military service
119 to purchase, and purchase of tobacco products or alternative
120 nicotine products by persons under 18 years of age prohibited;
121 penalties; jurisdiction; disposition of fines.—
122 (1) It is unlawful for a any person under 18 years of age
123 to knowingly possess any tobacco product or alternative nicotine
124 product. A Any person under 18 years of age who violates the
125 provisions of this subsection commits a noncriminal violation as
126 provided in s. 775.08(3), punishable by:
127 (a) For a first violation, 16 hours of community service
128 or, instead of community service, a $25 fine. In addition, The
129 person must also attend a school-approved anti-tobacco program,
130 if locally available;
131 (b) For a second violation within 12 weeks of the first
132 violation, a $25 fine; or
133 (c) For a third or subsequent violation within 12 weeks of
134 the first violation, the court must direct the Department of
135 Highway Safety and Motor Vehicles to withhold issuance of or
136 suspend or revoke the person’s driver driver’s license or
137 driving privilege, as provided in s. 322.056.
138
139 A Any second or subsequent violation not within the 12-week time
140 period after the first violation is punishable as provided for a
141 first violation.
142 (2) It is unlawful for a any person under 18 years of age
143 to misrepresent his or her age or military service for the
144 purpose of inducing a dealer or an agent or employee of the
145 dealer to sell, give, barter, furnish, or deliver any tobacco
146 product or alternative nicotine product, or to purchase, or
147 attempt to purchase, any tobacco product or alternative nicotine
148 product from a person or a vending machine. A Any person under
149 18 years of age who violates a provision of this subsection
150 commits a noncriminal violation as provided in s. 775.08(3),
151 punishable by:
152 (a) For a first violation, 16 hours of community service
153 or, instead of community service, a $25 fine. and, in addition,
154 The person must also attend a school-approved anti-tobacco
155 program, if available;
156 (b) For a second violation within 12 weeks of the first
157 violation, a $25 fine; or
158 (c) For a third or subsequent violation within 12 weeks of
159 the first violation, the court must direct the Department of
160 Highway Safety and Motor Vehicles to withhold issuance of or
161 suspend or revoke the person’s driver driver’s license or
162 driving privilege, as provided in s. 322.056.
163
164 A Any second or subsequent violation not within the 12-week time
165 period after the first violation is punishable as provided for a
166 first violation.
167 (3) A Any person under 18 years of age cited for committing
168 a noncriminal violation under this section must sign and accept
169 a civil citation indicating a promise to appear before the
170 county court or pay comply with the requirement for paying the
171 fine and must attend a school-approved anti-tobacco program, if
172 locally available. If a fine is assessed for a violation of this
173 section, the fine must be paid within 30 days after the date of
174 the citation or, if a court appearance is mandatory, within 30
175 days after the date of the hearing.
176 (4) A person charged with a noncriminal violation under
177 this section must appear before the county court or pay comply
178 with the requirement for paying the fine. The court, after a
179 hearing, shall determine make a determination as to whether the
180 noncriminal violation was committed. If the court finds the
181 violation was committed, it shall impose an appropriate penalty
182 as specified in subsection (1) or subsection (2). A person who
183 participates in community service is shall be considered an
184 employee of the state for the purpose of chapter 440, for the
185 duration of such service.
186 (5)(a) If a person under 18 years of age is found by the
187 court to have committed a noncriminal violation under this
188 section and that person has failed to:
189 (a) Complete community service, pay the fine as required by
190 paragraph (1)(a) or paragraph (2)(a), or attend a school
191 approved anti-tobacco program, if locally available, the court
192 must direct the Department of Highway Safety and Motor Vehicles
193 to withhold issuance of or suspend the driver driver’s license
194 or driving privilege of that person for a period of 30
195 consecutive days.
196 (b) If a person under 18 years of age is found by the court
197 to have committed a noncriminal violation under this section and
198 that person has failed to Pay the applicable fine as required by
199 paragraph (1)(b) or paragraph (2)(b), the court must direct the
200 Department of Highway Safety and Motor Vehicles to withhold
201 issuance of or suspend the driver driver’s license or driving
202 privilege of that person for a period of 45 consecutive days.
203 (6) Eighty percent of all civil penalties received by a
204 county court pursuant to this section shall be remitted by the
205 clerk of the court to the Department of Revenue for transfer to
206 the Department of Education to provide for teacher training and
207 for research and evaluation to reduce and prevent the use of
208 tobacco products by minors children. The remaining 20 percent of
209 civil penalties received by a county court pursuant to this
210 section shall remain with the clerk of the county court to cover
211 administrative costs.
212 Section 5. Section 569.14, Florida Statutes, is amended to
213 read:
214 569.14 Posting of a sign stating that the sale of tobacco
215 products or alternative nicotine products to persons under 18
216 years of age is unlawful; enforcement; penalty.—
217 (1) A Any dealer that sells tobacco products or alternative
218 nicotine products shall post a clear and conspicuous sign in
219 each place of business where such products are sold which
220 substantially states the following:
221
222 THE SALE OF TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE
223 PRODUCTS TO PERSONS UNDER THE AGE OF 18 IS AGAINST
224 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
225
226 (2) The division shall make signs available to dealers of
227 tobacco products or alternative nicotine products which signs
228 that meet the requirements of subsection (1).
229 (3) A Any dealer that sells tobacco products or alternative
230 nicotine products shall provide at the checkout counter in a
231 location clearly visible to the dealer, the dealer’s agent, or
232 employee, instructional material in a calendar format or similar
233 format to assist in determining whether a person is of legal age
234 to purchase tobacco products or alternative nicotine products.
235 This point of sale material must contain substantially the
236 following language:
237
238 IF YOU WERE NOT BORN BEFORE THIS DATE
239 (insert date and applicable year)
240 YOU CANNOT BUY TOBACCO PRODUCTS OR ALTERNATIVE NICOTINE
241 PRODUCTS.
242
243 Upon approval by the division, in lieu of a calendar, a dealer
244 may use card readers, scanners, or other electronic or automated
245 systems that can verify whether a person is of legal age to
246 purchase tobacco products or alternative nicotine products.
247 Failure to comply with the provisions contained in this
248 subsection shall result in imposition of administrative
249 penalties as provided in s. 569.006.
250 (4) The division, through its agents and inspectors, shall
251 enforce this section through its agents and inspectors.
252 (5) A Any person who fails to comply with subsection (1)
253 commits is guilty of a misdemeanor of the second degree,
254 punishable as provided in s. 775.082 or s. 775.083.
255 Section 6. For the purpose of incorporating the amendments
256 made by this act to section 569.11, Florida Statutes, in a
257 reference thereto, subsections (2) and (3) of section 322.056,
258 Florida Statutes, are reenacted to read:
259 322.056 Mandatory revocation or suspension of, or delay of
260 eligibility for, driver’s license for persons under age 18 found
261 guilty of certain alcohol, drug, or tobacco offenses;
262 prohibition.—
263 (2) If a person under 18 years of age is found by the court
264 to have committed a noncriminal violation under s. 569.11 and
265 that person has failed to comply with the procedures established
266 in that section by failing to fulfill community service
267 requirements, failing to pay the applicable fine, or failing to
268 attend a locally available school-approved anti-tobacco program,
269 and:
270 (a) The person is eligible by reason of age for a driver’s
271 license or driving privilege, the court shall direct the
272 department to revoke or to withhold issuance of his or her
273 driver’s license or driving privilege as follows:
274 1. For the first violation, for 30 days.
275 2. For the second violation within 12 weeks of the first
276 violation, for 45 days.
277 (b) The person’s driver’s license or driving privilege is
278 under suspension or revocation for any reason, the court shall
279 direct the department to extend the period of suspension or
280 revocation by an additional period as follows:
281 1. For the first violation, for 30 days.
282 2. For the second violation within 12 weeks of the first
283 violation, for 45 days.
284 (c) The person is ineligible by reason of age for a
285 driver’s license or driving privilege, the court shall direct
286 the department to withhold issuance of his or her driver’s
287 license or driving privilege as follows:
288 1. For the first violation, for 30 days.
289 2. For the second violation within 12 weeks of the first
290 violation, for 45 days.
291
292 Any second violation of s. 569.11 not within the 12-week period
293 after the first violation will be treated as a first violation
294 and in the same manner as provided in this subsection.
295 (3) If a person under 18 years of age is found by the court
296 to have committed a third violation of s. 569.11 within 12 weeks
297 of the first violation, the court must direct the Department of
298 Highway Safety and Motor Vehicles to suspend or withhold
299 issuance of his or her driver’s license or driving privilege for
300 60 consecutive days. Any third violation of s. 569.11 not within
301 the 12-week period after the first violation will be treated as
302 a first violation and in the same manner as provided in
303 subsection (2).
304 Section 7. This act shall take effect July 1, 2014.