Florida Senate - 2019                                    SB 1618
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00673-19                                            20191618__
    1                        A bill to be entitled                      
    2         An act relating to tobacco products; providing a short
    3         title; amending s. 210.095, F.S.; revising shipping
    4         documentation requirements for specified sales of
    5         tobacco products; providing criminal and noncriminal
    6         penalties; amending s. 322.056, F.S.; deleting
    7         provisions requiring driver license penalties for
    8         certain persons who commit tobacco-related offenses;
    9         amending s. 386.212, F.S.; revising the age under
   10         which it is unlawful to smoke in, on, or near school
   11         property; amending s. 569.002, F.S.; defining the term
   12         “electronic smoking device”; redefining the term
   13         “tobacco products”; deleting exemptions relating to
   14         tobacco products for persons under a certain age who
   15         meet specified requirements related to disability of
   16         nonage, military service, emancipation by a court and
   17         release from parental care and responsibility, and
   18         acting within the scope of lawful employment with
   19         certain entities; amending s. 569.007, F.S.;
   20         conforming provisions relating to the sale of tobacco
   21         products to federal law; providing an exception to
   22         laws relating to the sale of tobacco products for
   23         establishments that prohibit persons under 21 years of
   24         age from being on the licensed premises; amending s.
   25         569.0075, F.S.; revising the age under which the gift
   26         of tobacco products to a person by certain entities is
   27         prohibited; amending s. 569.008, F.S.; revising
   28         legislative intent to reflect that the Legislature
   29         intends to prevent the sale of tobacco products to
   30         persons under 21 years of age; eliminating the
   31         division’s authority to mitigate penalties imposed
   32         against a dealer for certain violations; amending s.
   33         569.101, F.S.; revising the age limitation that
   34         applies to the sale, delivery, bartering, furnishing,
   35         or giving of tobacco products; revising penalties for
   36         violations; conforming the age specified in provisions
   37         related to a complete defense for persons charged with
   38         certain violations; amending s. 569.11, F.S.; deleting
   39         provisions prohibiting persons under 18 years of age
   40         from possessing tobacco products; conforming the age
   41         specified for misrepresentation of age to unlawfully
   42         acquire tobacco products; revising the penalties for
   43         certain persons who misrepresent their age; deleting a
   44         provision requiring a person participating in
   45         community service to be considered an employee of the
   46         state for certain purposes; conforming a provision to
   47         changes made by the act; amending ss. 569.12, 569.14,
   48         and 569.19, F.S.; conforming provisions to changes
   49         made by the act; repealing s. 877.112, F.S., relating
   50         to restrictions on the sale and delivery of nicotine
   51         products and nicotine dispensing devices; providing an
   52         effective date.
   53          
   54  Be It Enacted by the Legislature of the State of Florida:
   55  
   56         Section 1. This act may be cited as the “Tobacco 21 Act.”
   57         Section 2. Subsection (5) and paragraphs (e) and (g) of
   58  subsection (8) of section 210.095, Florida Statutes, are amended
   59  to read:
   60         210.095 Mail order, Internet, and remote sales of tobacco
   61  products; age verification.—
   62         (5) Each person who mails, ships, or otherwise delivers
   63  tobacco products in connection with an order for a delivery sale
   64  must:
   65         (a) Include as part of the shipping documents, in a clear
   66  and conspicuous manner, the following statement: “Tobacco
   67  Products: Florida law prohibits shipping to individuals under 21
   68  18 years of age and requires the payment of all applicable
   69  taxes.”
   70         (b) Use a method of mailing, shipping, or delivery which
   71  obligates the delivery service to require:
   72         1. The individual submitting the order for the delivery
   73  sale or another adult who resides at the individual’s address to
   74  sign his or her name to accept delivery of the shipping
   75  container. Proof of the legal minimum purchase age of the
   76  individual accepting delivery is required only if the individual
   77  appears to be under 27 years of age.
   78         2. Proof that the individual is either the addressee or the
   79  adult designated by the addressee, in the form of a valid,
   80  government-issued identification card bearing a photograph of
   81  the individual who signs to accept delivery of the shipping
   82  container.
   83         (c) Provide to the delivery service, if such service is
   84  used, evidence of full compliance with subsection (7).
   85  
   86  Any person who violates paragraph (a) commits a noncriminal
   87  violation and must serve at least 20 hours of community service.
   88  Any person who violates paragraph (a) a second or subsequent
   89  time within 1 year of the first violation commits a noncriminal
   90  violation and must serve at least 40 hours of community service
   91  If the person accepting a purchase order for a delivery sale
   92  delivers the tobacco products without using a delivery service,
   93  the person must comply with all of the requirements of this
   94  section which apply to a delivery service. Any failure to comply
   95  with a requirement of this section constitutes a violation
   96  thereof.
   97         (8)
   98         (e) A person who, in connection with a delivery sale,
   99  delivers tobacco products on behalf of a delivery service to an
  100  individual who is not an adult commits a misdemeanor of the
  101  second third degree, punishable as provided in s. 775.082 or s.
  102  775.083.
  103         (g)An individual who is not an adult and who knowingly
  104  violates any provision of this section commits a misdemeanor of
  105  the third degree, punishable as provided in s. 775.082 or s.
  106  775.083.
  107         Section 3. Section 322.056, Florida Statutes, is amended to
  108  read:
  109         322.056 Mandatory revocation or suspension of, or delay of
  110  eligibility for, driver license for persons under age 18 found
  111  guilty of certain alcohol or, drug, or tobacco offenses;
  112  prohibition.—
  113         (1) Notwithstanding the provisions of s. 322.055, if a
  114  person under 18 years of age is found guilty of or delinquent
  115  for a violation of s. 562.11(2), s. 562.111, or chapter 893,
  116  and:
  117         (a) The person is eligible by reason of age for a driver
  118  license or driving privilege, the court shall direct the
  119  department to revoke or to withhold issuance of his or her
  120  driver license or driving privilege for a period of:
  121         1. Not less than 6 months and not more than 1 year for the
  122  first violation.
  123         2. Two years, for a subsequent violation.
  124         (b) The person’s driver license or driving privilege is
  125  under suspension or revocation for any reason, the court shall
  126  direct the department to extend the period of suspension or
  127  revocation by an additional period of:
  128         1. Not less than 6 months and not more than 1 year for the
  129  first violation.
  130         2. Two years, for a subsequent violation.
  131         (c) The person is ineligible by reason of age for a driver
  132  license or driving privilege, the court shall direct the
  133  department to withhold issuance of his or her driver license or
  134  driving privilege for a period of:
  135         1. Not less than 6 months and not more than 1 year after
  136  the date on which he or she would otherwise have become
  137  eligible, for the first violation.
  138         2. Two years after the date on which he or she would
  139  otherwise have become eligible, for a subsequent violation.
  140  
  141  However, the court may, in its sound discretion, direct the
  142  department to issue a license for driving privileges restricted
  143  to business or employment purposes only, as defined in s.
  144  322.271, if the person is otherwise qualified for such a
  145  license.
  146         (2)If a person under 18 years of age is found by the court
  147  to have committed a noncriminal violation under s. 569.11 or s.
  148  877.112(6) or (7) and that person has failed to comply with the
  149  procedures established in that section by failing to fulfill
  150  community service requirements, failing to pay the applicable
  151  fine, or failing to attend a locally available school-approved
  152  anti-tobacco program, and:
  153         (a)The person is eligible by reason of age for a driver
  154  license or driving privilege, the court shall direct the
  155  department to revoke or to withhold issuance of his or her
  156  driver license or driving privilege as follows:
  157         1.For the first violation, for 30 days.
  158         2.For the second violation within 12 weeks of the first
  159  violation, for 45 days.
  160         (b)The person’s driver license or driving privilege is
  161  under suspension or revocation for any reason, the court shall
  162  direct the department to extend the period of suspension or
  163  revocation by an additional period as follows:
  164         1.For the first violation, for 30 days.
  165         2.For the second violation within 12 weeks of the first
  166  violation, for 45 days.
  167         (c)The person is ineligible by reason of age for a driver
  168  license or driving privilege, the court shall direct the
  169  department to withhold issuance of his or her driver license or
  170  driving privilege as follows:
  171         1.For the first violation, for 30 days.
  172         2.For the second violation within 12 weeks of the first
  173  violation, for 45 days.
  174  
  175  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  176  within the 12-week period after the first violation will be
  177  treated as a first violation and in the same manner as provided
  178  in this subsection.
  179         (3)If a person under 18 years of age is found by the court
  180  to have committed a third violation of s. 569.11 or s.
  181  877.112(6) or (7) within 12 weeks of the first violation, the
  182  court must direct the Department of Highway Safety and Motor
  183  Vehicles to suspend or withhold issuance of his or her driver
  184  license or driving privilege for 60 consecutive days. Any third
  185  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  186  12-week period after the first violation will be treated as a
  187  first violation and in the same manner as provided in subsection
  188  (2).
  189         (2)(4) A penalty imposed under this section shall be in
  190  addition to any other penalty imposed by law.
  191         (5)The suspension or revocation of a person’s driver
  192  license imposed pursuant to subsection (2) or subsection (3),
  193  shall not result in or be cause for an increase of the convicted
  194  person’s, or his or her parent’s or legal guardian’s, automobile
  195  insurance rate or premium or result in points assessed against
  196  the person’s driving record.
  197         Section 4. Subsection (1) of section 386.212, Florida
  198  Statutes, is amended to read:
  199         386.212 Smoking prohibited near school property; penalty.—
  200         (1) It is unlawful for any person under 21 18 years of age
  201  to smoke tobacco in, on, or within 1,000 feet of the real
  202  property comprising a public or private elementary, middle, or
  203  secondary school between the hours of 6 a.m. and midnight. This
  204  section does not apply to any person occupying a moving vehicle
  205  or within a private residence.
  206         Section 5. Present subsections (3), (4), and (5) of section
  207  569.002, Florida Statutes, are redesignated as subsections (4),
  208  (5), and (6), respectively, present subsections (6) and (7) of
  209  that section are amended, and a new subsection (3) is added to
  210  that section, to read:
  211         569.002 Definitions.—As used in this chapter, the term:
  212         (3)“Electronic smoking device” means any device that can
  213  be used to deliver aerosolized or vaporized nicotine to the
  214  person inhaling from the device, including, but not limited to,
  215  an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term
  216  includes any component, part, or accessory of such a device,
  217  sold separately or with the device, and includes any substance
  218  intended to be aerosolized or vaporized during the use of the
  219  device. The term does not include drugs, devices, or combination
  220  products authorized for sale by the United States Food and Drug
  221  Administration, as those terms are defined in the Federal Food,
  222  Drug, and Cosmetic Act.
  223         (7)(6) “Tobacco products” means any product that is made
  224  from or derived from tobacco or that contains nicotine and is
  225  intended for human consumption or is likely to be consumed,
  226  whether smoked, heated, chewed, absorbed, dissolved, inhaled, or
  227  ingested by any other means, including, but not limited to, a
  228  cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or
  229  snus. The term includes electronic smoking devices and any
  230  component or accessory used in the consumption of a tobacco
  231  product, such as filters, rolling papers, pipes, and liquids
  232  used in electronic smoking devices, whether or not they contain
  233  nicotine. The term does not include drugs, devices, or
  234  combination products authorized for sale by the United States
  235  Food and Drug Administration, as those terms are defined in the
  236  Federal Food, Drug, and Cosmetic Act includes loose tobacco
  237  leaves, and products made from tobacco leaves, in whole or in
  238  part, and cigarette wrappers, which can be used for smoking,
  239  sniffing, or chewing.
  240         (7)“Any person under the age of 18” does not include any
  241  person under the age of 18 who:
  242         (a)Has had his or her disability of nonage removed under
  243  chapter 743;
  244         (b)Is in the military reserve or on active duty in the
  245  Armed Forces of the United States;
  246         (c)Is otherwise emancipated by a court of competent
  247  jurisdiction and released from parental care and responsibility;
  248  or
  249         (d)Is acting in his or her scope of lawful employment with
  250  an entity licensed under the provisions of chapter 210 or this
  251  chapter.
  252         Section 6. Subsections (1) and (2) of section 569.007,
  253  Florida Statutes, are amended to read:
  254         569.007 Sale or delivery of tobacco products;
  255  restrictions.—
  256         (1) In order to prevent persons under 21 18 years of age
  257  from purchasing or receiving tobacco products, the sale or
  258  delivery of tobacco products is prohibited, except when the
  259  tobacco products are sold from behind a counter and are required
  260  to be retrieved and hand delivered by an employee to the
  261  consumer. Sales from a vending machine are prohibited. This
  262  section does not apply to an establishment that prohibits
  263  persons under 21 years of age on the licensed premises:
  264         (a)When under the direct control or line of sight of the
  265  dealer or the dealer’s agent or employee; or
  266         (b)Sales from a vending machine are prohibited under the
  267  provisions of paragraph (1)(a) and are only permissible from a
  268  machine that is equipped with an operational lockout device
  269  which is under the control of the dealer or the dealer’s agent
  270  or employee who directly regulates the sale of items through the
  271  machine by triggering the lockout device to allow the dispensing
  272  of one tobacco product. The lockout device must include a
  273  mechanism to prevent the machine from functioning if the power
  274  source for the lockout device fails or if the lockout device is
  275  disabled, and a mechanism to ensure that only one tobacco
  276  product is dispensed at a time.
  277         (2)The provisions of subsection (1) shall not apply to an
  278  establishment that prohibits persons under 18 years of age on
  279  the licensed premises.
  280         Section 7. Section 569.0075, Florida Statutes, is amended
  281  to read:
  282         569.0075 Gift of sample tobacco products prohibited.—The
  283  gift of sample tobacco products to any person under the age of
  284  21 18 by an entity licensed or permitted under the provisions of
  285  chapter 210 or this chapter, or by an employee of such entity,
  286  is prohibited and is punishable as provided in s. 569.101.
  287         Section 8. Subsections (1), (2), and (3) of section
  288  569.008, Florida Statutes, are amended to read:
  289         569.008 Responsible retail tobacco products dealers;
  290  qualifications; mitigation of disciplinary penalties; diligent
  291  management and supervision; presumption.—
  292         (1) The Legislature intends to prevent the sale of tobacco
  293  products to persons under 21 18 years of age and to encourage
  294  retail tobacco products dealers to comply with responsible
  295  practices in accordance with this section.
  296         (2) To qualify as a responsible retail tobacco products
  297  dealer, the dealer must establish and implement procedures
  298  designed to ensure that the dealer’s employees comply with the
  299  provisions of this chapter. The dealer must provide a training
  300  program for the dealer’s employees which addresses the use and
  301  sale of tobacco products and which includes at least the
  302  following topics:
  303         (a) Laws covering the sale of tobacco products.
  304         (b) Methods of recognizing and handling customers under 21
  305  18 years of age.
  306         (c) Procedures for proper examination of identification
  307  cards in order to verify that customers are not under 21 18
  308  years of age.
  309         (d) The use of the age audit identification function on
  310  electronic point-of-sale equipment, where available.
  311         (3)In determining penalties under s. 569.006, the division
  312  may mitigate penalties imposed against a dealer because of an
  313  employee’s illegal sale of a tobacco product to a person under
  314  18 years of age if the following conditions are met:
  315         (a)The dealer is qualified as a responsible dealer under
  316  this section.
  317         (b)The dealer provided the training program required under
  318  subsection (2) to that employee before the illegal sale
  319  occurred.
  320         (c)The dealer had no knowledge of that employee’s
  321  violation at the time of the violation and did not direct,
  322  approve, or participate in the violation.
  323         (d)If the sale was made through a vending machine, the
  324  machine was equipped with an operational lock-out device.
  325         Section 9. Section 569.101, Florida Statutes, is amended to
  326  read:
  327         569.101 Selling, delivering, bartering, furnishing, or
  328  giving tobacco products to persons under 21 18 years of age;
  329  criminal penalties; defense.—
  330         (1) It is unlawful to sell, deliver, barter, furnish, or
  331  give, directly or indirectly, to any person who is under 21 18
  332  years of age, any tobacco product.
  333         (2) Any person who violates subsection (1) commits a
  334  noncriminal violation punishable by a fine of not more than $500
  335  misdemeanor of the second degree, punishable as provided in s.
  336  775.082 or s. 775.083. However, any person who violates
  337  subsection (1) for a second or subsequent time within 1 year of
  338  the first violation, commits a noncriminal violation punishable
  339  by a fine of not more than $1,000 misdemeanor of the first
  340  degree, punishable as provided in s. 775.082 or s. 775.083.
  341         (3) A person charged with a violation of subsection (1) has
  342  a complete defense if, at the time the tobacco product was sold,
  343  delivered, bartered, furnished, or given:
  344         (a) The buyer or recipient falsely evidenced that she or he
  345  was 21 18 years of age or older;
  346         (b) The appearance of the buyer or recipient was such that
  347  a prudent person would believe the buyer or recipient to be 21
  348  18 years of age or older; and
  349         (c) Such person carefully checked a driver license or an
  350  identification card issued by this state or another state of the
  351  United States, a passport, or a United States armed services
  352  identification card presented by the buyer or recipient and
  353  acted in good faith and in reliance upon the representation and
  354  appearance of the buyer or recipient in the belief that the
  355  buyer or recipient was 21 18 years of age or older.
  356         Section 10. Section 569.11, Florida Statutes, is amended to
  357  read:
  358         569.11 Possession, Misrepresenting age or military service
  359  to purchase, and purchasing purchase of tobacco products by
  360  persons under 21 18 years of age prohibited; penalties;
  361  jurisdiction; disposition of fines.—
  362         (1)It is unlawful for any person under 18 years of age to
  363  knowingly possess any tobacco product. Any person under 18 years
  364  of age who violates the provisions of this subsection commits a
  365  noncriminal violation as provided in s. 775.08(3), punishable
  366  by:
  367         (a)For a first violation, 16 hours of community service
  368  or, instead of community service, a $25 fine. In addition, the
  369  person must attend a school-approved anti-tobacco program, if
  370  locally available;
  371         (b)For a second violation within 12 weeks of the first
  372  violation, a $25 fine; or
  373         (c)For a third or subsequent violation within 12 weeks of
  374  the first violation, the court must direct the Department of
  375  Highway Safety and Motor Vehicles to withhold issuance of or
  376  suspend or revoke the person’s driver license or driving
  377  privilege, as provided in s. 322.056.
  378  
  379  Any second or subsequent violation not within the 12-week time
  380  period after the first violation is punishable as provided for a
  381  first violation.
  382         (1)(2) It is unlawful for any person under 21 18 years of
  383  age to misrepresent his or her age or military service for the
  384  purpose of inducing a dealer or an agent or employee of the
  385  dealer to sell, give, barter, furnish, or deliver any tobacco
  386  product, or to purchase, or attempt to purchase, any tobacco
  387  product from a person or a vending machine. Any person under 18
  388  years of age who violates a provision of this subsection commits
  389  a noncriminal violation as provided in s. 775.08(3), punishable
  390  by:
  391         (a)For a first violation, 16 hours of community service
  392  or, instead of community service, a $25 fine and, in addition,
  393  the person must attend a school-approved anti-tobacco program,
  394  if available;
  395         (b)For a second violation within 12 weeks of the first
  396  violation, a $25 fine; or
  397         (c)For a third or subsequent violation within 12 weeks of
  398  the first violation, the court must direct the Department of
  399  Highway Safety and Motor Vehicles to withhold issuance of or
  400  suspend or revoke the person’s driver license or driving
  401  privilege, as provided in s. 322.056.
  402  
  403  Any second or subsequent violation not within the 12-week time
  404  period after the first violation is punishable as provided for a
  405  first violation.
  406         (3)Any person under 18 years of age cited for committing a
  407  noncriminal violation under this section must sign and accept a
  408  civil citation indicating a promise to appear before the county
  409  court or comply with the requirement for paying the fine and
  410  must attend a school-approved anti-tobacco program, if locally
  411  available. If a fine is assessed for a violation of this
  412  section, the fine must be paid within 30 days after the date of
  413  the citation or, if a court appearance is mandatory, within 30
  414  days after the date of the hearing.
  415         (2)(4) A person charged with a noncriminal violation under
  416  this section must appear before the county court or comply with
  417  the requirement for paying the fine. The court, after a hearing,
  418  shall make a determination as to whether the noncriminal
  419  violation was committed. If the court finds the violation was
  420  committed, it shall impose an appropriate penalty as specified
  421  in subsection (3).
  422         (3) Any person who violates subsection (1) commits a
  423  noncriminal violation and must serve at least 20 hours of
  424  community service. Any person who violates subsection (1) a
  425  second or subsequent time within 1 year of the first violation
  426  commits a noncriminal violation and must serve at least 40 hours
  427  of community service (1) or subsection (2). A person who
  428  participates in community service shall be considered an
  429  employee of the state for the purpose of chapter 440, for the
  430  duration of such service.
  431         (5)(a)If a person under 18 years of age is found by the
  432  court to have committed a noncriminal violation under this
  433  section and that person has failed to complete community
  434  service, pay the fine as required by paragraph (1)(a) or
  435  paragraph (2)(a), or attend a school-approved anti-tobacco
  436  program, if locally available, the court must direct the
  437  Department of Highway Safety and Motor Vehicles to withhold
  438  issuance of or suspend the driver license or driving privilege
  439  of that person for a period of 30 consecutive days.
  440         (b)If a person under 18 years of age is found by the court
  441  to have committed a noncriminal violation under this section and
  442  that person has failed to pay the applicable fine as required by
  443  paragraph (1)(b) or paragraph (2)(b), the court must direct the
  444  Department of Highway Safety and Motor Vehicles to withhold
  445  issuance of or suspend the driver license or driving privilege
  446  of that person for a period of 45 consecutive days.
  447         (6)Eighty percent of all civil penalties received by a
  448  county court pursuant to this section shall be remitted by the
  449  clerk of the court to the Department of Revenue for transfer to
  450  the Department of Education to provide for teacher training and
  451  for research and evaluation to reduce and prevent the use of
  452  tobacco products by children. The remaining 20 percent of civil
  453  penalties received by a county court pursuant to this section
  454  shall remain with the clerk of the county court to cover
  455  administrative costs.
  456         Section 11. Paragraph (b) of subsection (2) and subsection
  457  (3) of section 569.12, Florida Statutes, are amended to read:
  458         569.12 Jurisdiction; tobacco product enforcement officers
  459  or agents; enforcement.—
  460         (2)
  461         (b) A tobacco product enforcement officer is authorized to
  462  issue a citation to a person under the age of 21 18 when, based
  463  upon personal investigation, the officer has reasonable cause to
  464  believe that the person has committed a civil infraction in
  465  violation of s. 386.212 or s. 569.11.
  466         (3) A correctional probation officer as defined in s.
  467  943.10(3) is authorized to issue a citation to a person under
  468  the age of 21 18 when, based upon personal investigation, the
  469  officer has reasonable cause to believe that the person has
  470  committed a civil infraction in violation of s. 569.11.
  471         Section 12. Section 569.14, Florida Statutes, is amended to
  472  read:
  473         569.14 Posting of a sign stating that the sale of tobacco
  474  products to persons under 21 18 years of age is unlawful;
  475  enforcement; penalty.—
  476         (1) A dealer that sells tobacco products shall post a clear
  477  and conspicuous sign in each place of business where such
  478  products are sold which substantially states the following:
  479  
  480         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  481         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  482         REQUIRED FOR PURCHASE.
  483  
  484         (2)A dealer that sells tobacco products and nicotine
  485  products or nicotine dispensing devices, as defined in s.
  486  877.112, may use a sign that substantially states the following:
  487  
  488         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  489         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  490         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  491         FOR PURCHASE.
  492  
  493  A dealer that uses a sign as described in this subsection meets
  494  the signage requirements of subsection (1) and s. 877.112.
  495         (2)(3) The division shall make available to dealers of
  496  tobacco products signs that meet the requirements of subsection
  497  (1) or subsection (2).
  498         (3)(4) Any dealer that sells tobacco products shall provide
  499  at the checkout counter in a location clearly visible to the
  500  dealer or the dealer’s agent or employee instructional material
  501  in a calendar format or similar format to assist in determining
  502  whether a person is of legal age to be sold purchase tobacco
  503  products. This point of sale material must contain substantially
  504  the following language:
  505  
  506                IF YOU WERE NOT BORN BEFORE THIS DATE              
  507                  (insert date and applicable year)                
  508              YOU CANNOT BE SOLD BUY TOBACCO PRODUCTS.             
  509  
  510  Upon approval by the division, in lieu of a calendar a dealer
  511  may use card readers, scanners, or other electronic or automated
  512  systems that can verify whether a person is of legal age to
  513  purchase tobacco products. Failure to comply with the provisions
  514  contained in this subsection shall result in imposition of
  515  administrative penalties as provided in s. 569.006.
  516         (4)(5) The division, through its agents and inspectors,
  517  shall enforce this section.
  518         (5)(6) Any person who fails to comply with subsection (1)
  519  is guilty of a misdemeanor of the second degree, punishable as
  520  provided in s. 775.082 or s. 775.083.
  521         Section 13. Subsection (4) of section 569.19, Florida
  522  Statutes, is amended to read:
  523         569.19 Annual report.—The division shall report annually
  524  with written findings to the Legislature and the Governor by
  525  December 31, on the progress of implementing the enforcement
  526  provisions of this chapter. This must include, but is not
  527  limited to:
  528         (4) The number of persons under age 21 18 cited for
  529  violations of s. 569.11 and sanctions imposed as a result of
  530  citation.
  531         Section 14. Section 877.112, Florida Statutes, is repealed.
  532         Section 15. This act shall take effect October 1, 2019.