CS for CS for SB 224                       First Engrossed (ntc)
       
       
       
       
       
       
       
       
       2014224e1
       
    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, liquid nicotine vial, or
   39  other container used to refill nicotine for the device or
   40  product.
   41         Section 2. Section 569.0075, Florida Statutes, is amended
   42  to read:
   43         569.0075 Gift of sample tobacco products or sample nicotine
   44  dispensing devices prohibited.—The gift of sample tobacco
   45  products or sample nicotine dispensing devices to any person
   46  under the age of 18 by an entity licensed or permitted under the
   47  provisions of chapter 210 or this chapter, or by an employee of
   48  such entity, is prohibited and is punishable as provided in s.
   49  569.101.
   50         Section 3. Subsections (1) and (3) of section 569.101,
   51  Florida Statutes, are amended to read:
   52         569.101 Selling, delivering, bartering, furnishing, or
   53  giving tobacco products or nicotine dispensing devices to
   54  persons under 18 years of age; criminal penalties; defense.—
   55         (1) It is unlawful to sell, deliver, barter, furnish, or
   56  give, directly or indirectly, to any person who is under 18
   57  years of age, any tobacco product or nicotine dispensing device.
   58         (3) A person charged with a violation of subsection (1) has
   59  a complete defense if, at the time the tobacco product or
   60  nicotine dispensing device was sold, delivered, bartered,
   61  furnished, or given:
   62         (a) The buyer or recipient falsely evidenced that she or he
   63  was 18 years of age or older;
   64         (b) The appearance of the buyer or recipient was such that
   65  a prudent person would believe the buyer or recipient to be 18
   66  years of age or older; and
   67         (c) Such person carefully checked a driver driver’s license
   68  or an identification card issued by this state or another state
   69  of the United States, a passport, or a United States armed
   70  services identification card presented by the buyer or recipient
   71  and acted in good faith and in reliance upon the representation
   72  and appearance of the buyer or recipient in the belief that the
   73  buyer or recipient was 18 years of age or older.
   74         Section 4. Subsections (1), (2), (5), and (6) of section
   75  569.11, Florida Statutes, are amended to read:
   76         569.11 Possession, misrepresenting age or military service
   77  to purchase, and purchase of tobacco products or nicotine
   78  dispensing devices by persons under 18 years of age prohibited;
   79  penalties; jurisdiction; disposition of fines.—
   80         (1) It is unlawful for any person under 18 years of age to
   81  knowingly possess any tobacco product or nicotine dispensing
   82  device. Any person under 18 years of age who violates the
   83  provisions of this subsection commits a noncriminal violation as
   84  provided in s. 775.08(3), punishable by:
   85         (a) For a first violation, 16 hours of community service
   86  or, instead of community service, a $25 fine. In addition, the
   87  person must attend a school-approved anti-tobacco and nicotine
   88  program, if locally available;
   89         (b) For a second violation within 12 weeks of the first
   90  violation, a $25 fine; or
   91         (c) For a third or subsequent violation within 12 weeks of
   92  the first violation, the court must direct the Department of
   93  Highway Safety and Motor Vehicles to withhold issuance of or
   94  suspend or revoke the person’s driver driver’s license or
   95  driving privilege, as provided in s. 322.056.
   96  
   97  Any second or subsequent violation not within the 12-week time
   98  period after the first violation is punishable as provided for a
   99  first violation.
  100         (2) It is unlawful for any person under 18 years of age to
  101  misrepresent his or her age or military service for the purpose
  102  of inducing a dealer or an agent or employee of the dealer to
  103  sell, give, barter, furnish, or deliver any tobacco product or
  104  nicotine dispensing device, or to purchase, or attempt to
  105  purchase, any tobacco product or nicotine dispensing device from
  106  a person or a vending machine. Any person under 18 years of age
  107  who violates a provision of this subsection commits a
  108  noncriminal violation as provided in s. 775.08(3), punishable
  109  by:
  110         (a) For a first violation, 16 hours of community service
  111  or, instead of community service, a $25 fine and, in addition,
  112  the person must attend a school-approved anti-tobacco and
  113  nicotine program, if available;
  114         (b) For a second violation within 12 weeks of the first
  115  violation, a $25 fine; or
  116         (c) For a third or subsequent violation within 12 weeks of
  117  the first violation, the court must direct the Department of
  118  Highway Safety and Motor Vehicles to withhold issuance of or
  119  suspend or revoke the person’s driver driver’s license or
  120  driving privilege, as provided in s. 322.056.
  121  
  122  Any second or subsequent violation not within the 12-week time
  123  period after the first violation is punishable as provided for a
  124  first violation.
  125         (5)(a) If a person under 18 years of age is found by the
  126  court to have committed a noncriminal violation under this
  127  section and that person has failed to complete community
  128  service, pay the fine as required by paragraph (1)(a) or
  129  paragraph (2)(a), or attend a school-approved anti-tobacco
  130  program, if locally available, the court must direct the
  131  Department of Highway Safety and Motor Vehicles to withhold
  132  issuance of or suspend the driver driver’s license or driving
  133  privilege of that person for a period of 30 consecutive days.
  134         (b) If a person under 18 years of age is found by the court
  135  to have committed a noncriminal violation under this section and
  136  that person has failed to pay the applicable fine as required by
  137  paragraph (1)(b) or paragraph (2)(b), the court must direct the
  138  Department of Highway Safety and Motor Vehicles to withhold
  139  issuance of or suspend the driver driver’s license or driving
  140  privilege of that person for a period of 45 consecutive days.
  141         (6) Eighty percent of all civil penalties received by a
  142  county court pursuant to this section shall be remitted by the
  143  clerk of the court to the Department of Revenue for transfer to
  144  the Department of Education to provide for teacher training and
  145  for research and evaluation to reduce and prevent the use of
  146  tobacco products or nicotine dispensing devices by children. The
  147  remaining 20 percent of civil penalties received by a county
  148  court pursuant to this section shall remain with the clerk of
  149  the county court to cover administrative costs.
  150         Section 5. Subsections (1), (2), and (3) of section 569.14,
  151  Florida Statutes, are amended to read:
  152         569.14 Posting of a sign stating that the sale of tobacco
  153  products or nicotine dispensing devices to persons under 18
  154  years of age is unlawful; enforcement; penalty.—
  155         (1) Any dealer that sells tobacco products or nicotine
  156  dispensing devices shall post a clear and conspicuous sign in
  157  each place of business where such products are sold which
  158  substantially states the following:
  159  
  160  THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO
  161  PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE
  162  IS REQUIRED FOR PURCHASE.
  163  
  164         (2) The division shall make available to dealers of tobacco
  165  products or nicotine dispensing devices signs that meet the
  166  requirements of subsection (1).
  167         (3) Any dealer that sells tobacco products or nicotine
  168  dispensing devices shall provide at the checkout counter in a
  169  location clearly visible to the dealer, the dealer’s agent or
  170  employee, instructional material in a calendar format or similar
  171  format to assist in determining whether a person is of legal age
  172  to purchase tobacco products or nicotine dispensing devices.
  173  This point of sale material must contain substantially the
  174  following language:
  175  
  176                IF YOU WERE NOT BORN BEFORE THIS DATE              
  177                  (insert date and applicable year)                
  178   YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 
  179  
  180  Upon approval by the division, in lieu of a calendar a dealer
  181  may use card readers, scanners, or other electronic or automated
  182  systems that can verify whether a person is of legal age to
  183  purchase tobacco products or nicotine dispensing devices.
  184  Failure to comply with the provisions contained in this
  185  subsection shall result in imposition of administrative
  186  penalties as provided in s. 569.006.
  187         Section 6. Subsection (3) of section 569.19, Florida
  188  Statutes, is amended to read:
  189         569.19 Annual report.—The division shall report annually
  190  with written findings to the Legislature and the Governor by
  191  December 31, on the progress of implementing the enforcement
  192  provisions of this chapter. This must include, but is not
  193  limited to:
  194         (3) The number of violations for selling tobacco products
  195  or nicotine dispensing devices to persons under age 18, and the
  196  results of administrative hearings on the above and related
  197  issues.
  198         Section 7. For the purpose of incorporating the amendments
  199  made by this act to section 569.11, Florida Statutes, in a
  200  reference thereto, subsections (2) and (3) of section 322.056,
  201  Florida Statutes, are reenacted and amended to read:
  202         322.056 Mandatory revocation or suspension of, or delay of
  203  eligibility for, driver driver’s license for persons under age
  204  18 found guilty of certain alcohol, drug, or tobacco offenses;
  205  prohibition.—
  206         (2) If a person under 18 years of age is found by the court
  207  to have committed a noncriminal violation under s. 569.11 and
  208  that person has failed to comply with the procedures established
  209  in that section by failing to fulfill community service
  210  requirements, failing to pay the applicable fine, or failing to
  211  attend a locally available school-approved anti-tobacco program,
  212  and:
  213         (a) The person is eligible by reason of age for a driver
  214  driver’s license or driving privilege, the court shall direct
  215  the department to revoke or to withhold issuance of his or her
  216  driver driver’s license or driving privilege as follows:
  217         1. For the first violation, for 30 days.
  218         2. For the second violation within 12 weeks of the first
  219  violation, for 45 days.
  220         (b) The person’s driver driver’s license or driving
  221  privilege is under suspension or revocation for any reason, the
  222  court shall direct the department to extend the period of
  223  suspension or revocation by an additional period as follows:
  224         1. For the first violation, for 30 days.
  225         2. For the second violation within 12 weeks of the first
  226  violation, for 45 days.
  227         (c) The person is ineligible by reason of age for a driver
  228  driver’s license or driving privilege, the court shall direct
  229  the department to withhold issuance of his or her driver
  230  driver’s license or driving privilege as follows:
  231         1. For the first violation, for 30 days.
  232         2. For the second violation within 12 weeks of the first
  233  violation, for 45 days.
  234  
  235  Any second violation of s. 569.11 not within the 12-week period
  236  after the first violation will be treated as a first violation
  237  and in the same manner as provided in this subsection.
  238         (3) If a person under 18 years of age is found by the court
  239  to have committed a third violation of s. 569.11 within 12 weeks
  240  of the first violation, the court must direct the Department of
  241  Highway Safety and Motor Vehicles to suspend or withhold
  242  issuance of his or her driver driver’s license or driving
  243  privilege for 60 consecutive days. Any third violation of s.
  244  569.11 not within the 12-week period after the first violation
  245  will be treated as a first violation and in the same manner as
  246  provided in subsection (2).
  247         Section 8. This act shall take effect July 1, 2014.