Florida Senate - 2014 CS for CS for SB 224 By the Committees on Appropriations; and Regulated Industries; and Senators Benacquisto, Latvala, Sobel, Flores, Gibson, Bradley, Dean, and Braynon 576-01906-14 2014224c2 1 A bill to be entitled 2 An act relating to nicotine dispensing devices; 3 amending s. 569.002, F.S.; providing a definition; 4 amending s. 569.0075, F.S.; prohibiting the gift of 5 sample nicotine dispensing devices to persons under 18 6 years of age; amending s. 569.101, F.S.; prohibiting 7 the selling, delivering, bartering, furnishing, or 8 giving of nicotine dispensing devices to persons under 9 18 years of age, to which penalties apply; amending s. 10 569.11, F.S.; prohibiting persons under 18 years of 11 age from possessing, purchasing, or misrepresenting 12 their age or military service to purchase nicotine 13 dispensing devices; providing civil penalties; 14 amending s. 569.14, F.S.; requiring certain signage 15 where a dealer sells nicotine dispensing devices; 16 amending s. 569.19, F.S.; requiring the Division of 17 Alcoholic Beverages and Tobacco of the Department of 18 Business and Professional Regulation to submit the 19 number of violations for selling nicotine dispensing 20 devices in its annual report; reenacting and amending 21 s. 322.056(2) and (3), F.S., relating to mandatory 22 driver license revocation or suspension for persons 23 younger than 18 years of age who commit certain 24 offenses, to incorporate the amendments to s. 569.11, 25 F.S., in a reference thereto; making editorial 26 changes; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (8) is added to section 569.002, 31 Florida Statutes, to read: 32 569.002 Definitions.—As used in this chapter, the term: 33 (8) “Nicotine dispensing devices” means any product that 34 can be used to deliver nicotine to an individual by inhaling 35 vaporized nicotine from the product, including, but not limited 36 to, an electronic cigarette, electronic cigar, electronic 37 cigarillo, electronic pipe, or other similar device or product 38 and any replacement nicotine cartridge for the device or 39 product. 40 Section 2. Section 569.0075, Florida Statutes, is amended 41 to read: 42 569.0075 Gift of sample tobacco products or sample nicotine 43 dispensing devices prohibited.—The gift of sample tobacco 44 products or sample nicotine dispensing devices to any person 45 under the age of 18 by an entity licensed or permitted under the 46 provisions of chapter 210 or this chapter, or by an employee of 47 such entity, is prohibited and is punishable as provided in s. 48 569.101. 49 Section 3. Subsections (1) and (3) of section 569.101, 50 Florida Statutes, are amended to read: 51 569.101 Selling, delivering, bartering, furnishing, or 52 giving tobacco products or nicotine dispensing devices to 53 persons under 18 years of age; criminal penalties; defense.— 54 (1) It is unlawful to sell, deliver, barter, furnish, or 55 give, directly or indirectly, to any person who is under 18 56 years of age, any tobacco product or nicotine dispensing device. 57 (3) A person charged with a violation of subsection (1) has 58 a complete defense if, at the time the tobacco product or 59 nicotine dispensing device was sold, delivered, bartered, 60 furnished, or given: 61 (a) The buyer or recipient falsely evidenced that she or he 62 was 18 years of age or older; 63 (b) The appearance of the buyer or recipient was such that 64 a prudent person would believe the buyer or recipient to be 18 65 years of age or older; and 66 (c) Such person carefully checked a driverdriver’slicense 67 or an identification card issued by this state or another state 68 of the United States, a passport, or a United States armed 69 services identification card presented by the buyer or recipient 70 and acted in good faith and in reliance upon the representation 71 and appearance of the buyer or recipient in the belief that the 72 buyer or recipient was 18 years of age or older. 73 Section 4. Subsections (1), (2), (5), and (6) of section 74 569.11, Florida Statutes, are amended to read: 75 569.11 Possession, misrepresenting age or military service 76 to purchase, and purchase of tobacco products or nicotine 77 dispensing devices by persons under 18 years of age prohibited; 78 penalties; jurisdiction; disposition of fines.— 79 (1) It is unlawful for any person under 18 years of age to 80 knowingly possess any tobacco product or nicotine dispensing 81 device. Any person under 18 years of age who violates the 82 provisions of this subsection commits a noncriminal violation as 83 provided in s. 775.08(3), punishable by: 84 (a) For a first violation, 16 hours of community service 85 or, instead of community service, a $25 fine. In addition, the 86 person must attend a school-approved anti-tobacco and nicotine 87 program, if locally 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 (2) It is unlawful for any person under 18 years of age to 100 misrepresent his or her age or military service for the purpose 101 of inducing a dealer or an agent or employee of the dealer to 102 sell, give, barter, furnish, or deliver any tobacco product or 103 nicotine dispensing device, or to purchase, or attempt to 104 purchase, any tobacco product or nicotine dispensing device from 105 a person or a vending machine. Any person under 18 years of age 106 who violates a provision of this subsection commits a 107 noncriminal violation as provided in s. 775.08(3), punishable 108 by: 109 (a) For a first violation, 16 hours of community service 110 or, instead of community service, a $25 fine and, in addition, 111 the person must attend a school-approved anti-tobacco and 112 nicotine program, if available; 113 (b) For a second violation within 12 weeks of the first 114 violation, a $25 fine; or 115 (c) For a third or subsequent violation within 12 weeks of 116 the first violation, the court must direct the Department of 117 Highway Safety and Motor Vehicles to withhold issuance of or 118 suspend or revoke the person’s driverdriver’slicense or 119 driving privilege, as provided in s. 322.056. 120 121 Any second or subsequent violation not within the 12-week time 122 period after the first violation is punishable as provided for a 123 first violation. 124 (5)(a) If a person under 18 years of age is found by the 125 court to have committed a noncriminal violation under this 126 section and that person has failed to complete community 127 service, pay the fine as required by paragraph (1)(a) or 128 paragraph (2)(a), or attend a school-approved anti-tobacco 129 program, if locally available, the court must direct the 130 Department of Highway Safety and Motor Vehicles to withhold 131 issuance of or suspend the driverdriver’slicense or driving 132 privilege of that person fora period of30 consecutive days. 133 (b) If a person under 18 years of age is found by the court 134 to have committed a noncriminal violation under this section and 135 that person has failed to pay the applicable fine as required by 136 paragraph (1)(b) or paragraph (2)(b), the court must direct the 137 Department of Highway Safety and Motor Vehicles to withhold 138 issuance of or suspend the driverdriver’slicense or driving 139 privilege of that person fora period of45 consecutive days. 140 (6) Eighty percent of all civil penalties received by a 141 county court pursuant to this section shall be remitted by the 142 clerk of the court to the Department of Revenue for transfer to 143 the Department of Education to provide for teacher training and 144 for research and evaluation to reduce and prevent the use of 145 tobacco products or nicotine dispensing devices by children. The 146 remaining 20 percent of civil penalties received by a county 147 court pursuant to this section shall remain with the clerk of 148 the county court to cover administrative costs. 149 Section 5. Subsections (1), (2), and (3) of section 569.14, 150 Florida Statutes, are amended to read: 151 569.14 Posting of a sign stating that the sale of tobacco 152 products or nicotine dispensing devices to persons under 18 153 years of age is unlawful; enforcement; penalty.— 154 (1) Any dealer that sells tobacco products or nicotine 155 dispensing devices shall post a clear and conspicuous sign in 156 each place of business where such products are sold which 157 substantially states the following: 158 159 THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO 160 PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE 161 IS REQUIRED FOR PURCHASE. 162 163 (2) The division shall make available to dealers of tobacco 164 products or nicotine dispensing devices signs that meet the 165 requirements of subsection (1). 166 (3) Any dealer that sells tobacco products or nicotine 167 dispensing devices shall provide at the checkout counter in a 168 location clearly visible to the dealer, the dealer’s agent or 169 employee, instructional material in a calendar format or similar 170 format to assist in determining whether a person is of legal age 171 to purchase tobacco products or nicotine dispensing devices. 172 This point of sale material must contain substantially the 173 following language: 174 175 IF YOU WERE NOT BORN BEFORE THIS DATE 176 (insert date and applicable year) 177 YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 178 179 Upon approval by the division, in lieu of a calendar a dealer 180 may use card readers, scanners, or other electronic or automated 181 systems that can verify whether a person is of legal age to 182 purchase tobacco products or nicotine dispensing devices. 183 Failure to comply with the provisions contained in this 184 subsection shall result in imposition of administrative 185 penalties as provided in s. 569.006. 186 Section 6. Subsection (3) of section 569.19, Florida 187 Statutes, is amended to read: 188 569.19 Annual report.—The division shall report annually 189 with written findings to the Legislature and the Governor by 190 December 31, on the progress of implementing the enforcement 191 provisions of this chapter. This must include, but is not 192 limited to: 193 (3) The number of violations for selling tobacco products 194 or nicotine dispensing devices to persons under age 18, and the 195 results of administrative hearings on the above and related 196 issues. 197 Section 7. For the purpose of incorporating the amendments 198 made by this act to section 569.11, Florida Statutes, in a 199 reference thereto, subsections (2) and (3) of section 322.056, 200 Florida Statutes, are reenacted and amended to read: 201 322.056 Mandatory revocation or suspension of, or delay of 202 eligibility for, driverdriver’slicense for persons under age 203 18 found guilty of certain alcohol, drug, or tobacco offenses; 204 prohibition.— 205 (2) If a person under 18 years of age is found by the court 206 to have committed a noncriminal violation under s. 569.11 and 207 that person has failed to comply with the procedures established 208 in that section by failing to fulfill community service 209 requirements, failing to pay the applicable fine, or failing to 210 attend a locally available school-approved anti-tobacco program, 211 and: 212 (a) The person is eligible by reason of age for a driver 213driver’slicense or driving privilege, the court shall direct 214 the department to revoke or to withhold issuance of his or her 215 driverdriver’slicense or driving privilege as follows: 216 1. For the first violation, for 30 days. 217 2. For the second violation within 12 weeks of the first 218 violation, for 45 days. 219 (b) The person’s driverdriver’slicense or driving 220 privilege is under suspension or revocation for any reason, the 221 court shall direct the department to extend the period of 222 suspension or revocation by an additional period as follows: 223 1. For the first violation, for 30 days. 224 2. For the second violation within 12 weeks of the first 225 violation, for 45 days. 226 (c) The person is ineligible by reason of age for a driver 227driver’slicense or driving privilege, the court shall direct 228 the department to withhold issuance of his or her driver 229driver’slicense or driving privilege as follows: 230 1. For the first violation, for 30 days. 231 2. For the second violation within 12 weeks of the first 232 violation, for 45 days. 233 234 Any second violation of s. 569.11 not within the 12-week period 235 after the first violation will be treated as a first violation 236 and in the same manner as provided in this subsection. 237 (3) If a person under 18 years of age is found by the court 238 to have committed a third violation of s. 569.11 within 12 weeks 239 of the first violation, the court must direct the Department of 240 Highway Safety and Motor Vehicles to suspend or withhold 241 issuance of his or her driverdriver’slicense or driving 242 privilege for 60 consecutive days. Any third violation of s. 243 569.11 not within the 12-week period after the first violation 244 will be treated as a first violation and in the same manner as 245 provided in subsection (2). 246 Section 8. This act shall take effect July 1, 2014.