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 driverdriver’slicense 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 driverdriver’slicense 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 driverdriver’slicense 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 driverdriver’slicense or driving 133 privilege of that person fora period of30 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 driverdriver’slicense or driving 140 privilege of that person fora period of45 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, driverdriver’slicense 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 214driver’slicense or driving privilege, the court shall direct 215 the department to revoke or to withhold issuance of his or her 216 driverdriver’slicense 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 driverdriver’slicense 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 228driver’slicense or driving privilege, the court shall direct 229 the department to withhold issuance of his or her driver 230driver’slicense 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 driverdriver’slicense 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.