Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 810
Ì811930|Î811930
LEGISLATIVE ACTION
Senate . House
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following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 39 - 330
4 and insert:
5 Section 2. Subsections (1) and (3) of section 386.212,
6 Florida Statutes, are amended to read:
7 386.212 Smoking and vaping prohibited near school property;
8 penalty.—
9 (1) It is unlawful for any person under 21 18 years of age
10 to smoke tobacco or vape in, on, or within 1,000 feet of the
11 real property comprising a public or private elementary, middle,
12 or secondary school between the hours of 6 a.m. and midnight.
13 This section does not apply to any person occupying a moving
14 vehicle or within a private residence.
15 (3) Any person issued a citation pursuant to this section
16 shall be deemed to be charged with a civil infraction punishable
17 by a maximum civil penalty not to exceed $25, or 50 hours of
18 community service and, for persons under 18 years of age or,
19 where available, successful completion of a school-approved
20 anti-tobacco or anti-vaping “alternative to suspension” program.
21 Section 3. Present subsections (3) through (6) of section
22 569.002, Florida Statutes, are redesignated as subsections (4)
23 through (7), respectively, a new subsection (3) is added to that
24 section, and present subsections (6) and (7) of section 569.002,
25 Florida Statutes, are amended to read:
26 569.002 Definitions.—As used in this chapter, the term:
27 (3) “Liquid nicotine product” means a tobacco product in
28 liquid form composed of nicotine and other chemicals or
29 substances which is sold or offered for sale for use with a
30 vapor-generating electronic device.
31 (7)(6) “Tobacco products” includes:
32 (a) Any product containing, made of, or derived from
33 tobacco or nicotine that is intended for human consumption or is
34 likely to be consumed, whether inhaled, absorbed, or ingested by
35 any other means, including, but not limited to, a cigarette, a
36 cigar, pipe tobacco, chewing tobacco, snuff, or snus; or
37 (b) Any component, part, or accessory of a product
38 described in paragraph (a), whether or not any of these contain
39 tobacco or nicotine, including, but not limited to, filters,
40 rolling papers, blunt or hemp wraps, and pipes.
41
42 The term does not include drugs, devices, or combination
43 products authorized for sale by the United States Food and Drug
44 Administration, as those terms are defined in the Federal Food,
45 Drug, and Cosmetic Act loose tobacco leaves, and products made
46 from tobacco leaves, in whole or in part, and cigarette
47 wrappers, which can be used for smoking, sniffing, or chewing.
48 (7) “Any person under the age of 18” does not include any
49 person under the age of 18 who:
50 (a) Has had his or her disability of nonage removed under
51 chapter 743;
52 (b) Is in the military reserve or on active duty in the
53 Armed Forces of the United States;
54 (c) Is otherwise emancipated by a court of competent
55 jurisdiction and released from parental care and responsibility;
56 or
57 (d) Is acting in his or her scope of lawful employment with
58 an entity licensed under the provisions of chapter 210 or this
59 chapter.
60 Section 4. Paragraph (a) of subsection (2) of section
61 569.003, Florida Statutes, is amended to read:
62 569.003 Retail tobacco products dealer permits;
63 application; qualifications; fees; renewal; duplicates.—
64 (2)(a) Permits may be issued only to persons who are 21 18
65 years of age or older or to corporations the officers of which
66 are 21 18 years of age or older.
67 Section 5. Subsections (1) and (2) of section 569.007,
68 Florida Statutes, are amended, and a new subsection (5) is added
69 to that section, to read:
70 569.007 Sale or delivery of tobacco products;
71 restrictions.—
72 (1)(a) In order to prevent persons under 21 18 years of age
73 from purchasing or receiving tobacco products, the sale or
74 delivery of tobacco products is prohibited, except:
75 1.(a) When under the direct control or line of sight of the
76 dealer or the dealer’s agent or employee; or
77 2.(b) Sales from a vending machine are prohibited under
78 subparagraph 1. the provisions of paragraph (1)(a) and are only
79 permissible from a machine that is located in an establishment
80 that prohibits persons under 21 years of age on the licensed
81 premises at all times.
82 (b) Sales of vapor-generating electronic devices and liquid
83 nicotine products, other than as authorized under subparagraph
84 (a)1., are permissible only if a dealer implements an age
85 verification procedure that:
86 1. Before accepting an order for delivery, verifies that
87 the purchaser is at least 21 years of age using a commercially
88 available database, or an aggregate of databases, which is
89 regularly used for the purpose of age and identify verification;
90 and
91 2. Employs a second-step age verification to secure
92 delivery for every order by requiring the signature of the
93 purchaser upon delivery and verifying that the credit card or
94 debit card used for the purchase has been issued in the
95 purchaser’s name and that the delivery address is associated
96 with the purchaser’s credit card or debit card equipped with an
97 operational lockout device which is under the control of the
98 dealer or the dealer’s agent or employee who directly regulates
99 the sale of items through the machine by triggering the lockout
100 device to allow the dispensing of one tobacco product. The
101 lockout device must include a mechanism to prevent the machine
102 from functioning if the power source for the lockout device
103 fails or if the lockout device is disabled, and a mechanism to
104 ensure that only one tobacco product is dispensed at a time.
105 (2) The provisions of subsection (1) shall not apply to an
106 establishment that prohibits persons under 18 years of age on
107 the licensed premises.
108 (5)(a) A person may not sell, deliver, barter, furnish, or
109 give, directly or indirectly, flavored liquid nicotine products
110 to any other person. For the purposes of this subsection, the
111 term “flavored liquid nicotine product” means a liquid nicotine
112 product containing a natural or artificial constituent or
113 additive that causes the liquid or its vapor to have a
114 distinguishable taste or aroma other than tobacco or menthol,
115 including, but not limited to, fruit, chocolate, vanilla, honey,
116 candy, cocoa, a dessert, an alcoholic beverage, an herb or
117 spice, or any combination thereof.
118 (b) This subsection does not apply to the sale, shipment,
119 or transport of any product that receives a marketing order
120 issued by the United States Food and Drug Administration under
121 21 U.S.C. s. 387j.
122 Section 6. Section 569.101, Florida Statutes, is amended to
123 read:
124 569.101 Selling, delivering, bartering, furnishing, or
125 giving tobacco products to persons under 21 18 years of age;
126 criminal penalties; defense.—
127 (1) It is unlawful to sell, deliver, barter, furnish, or
128 give, directly or indirectly, to any person who is under 21 18
129 years of age, any tobacco product.
130 (2) Any person who violates subsection (1) commits a
131 misdemeanor of the second degree, punishable as provided in s.
132 775.082 or s. 775.083. However, any person who violates
133 subsection (1) for a second or subsequent time within 1 year of
134 the first violation, commits a misdemeanor of the first degree,
135 punishable as provided in s. 775.082 or s. 775.083.
136 (3) A person charged with a violation of subsection (1) has
137 a complete defense if, at the time the tobacco product was sold,
138 delivered, bartered, furnished, or given:
139 (a) The buyer or recipient falsely evidenced that she or he
140 was 21 18 years of age or older;
141 (b) The appearance of the buyer or recipient was such that
142 a prudent person would believe the buyer or recipient to be 21
143 18 years of age or older; and
144 (c) Such person carefully checked a driver license or an
145 identification card issued by this state or another state of the
146 United States, a passport, or a United States armed services
147 identification card presented by the buyer or recipient and
148 acted in good faith and in reliance upon the representation and
149 appearance of the buyer or recipient in the belief that the
150 buyer or recipient was 21 18 years of age or older.
151 (4) A person must verify by means of identification
152 specified in paragraph (3)(c) that a person purchasing a tobacco
153 product is not under 21 years of age. Such verification is not
154 required for any person over the age of 29.
155 Section 7. Section 569.11, Florida Statutes, is amended to
156 read:
157 569.11 Possession, misrepresenting age or military service
158 to purchase, and purchase of tobacco products by persons under
159 21 18 years of age prohibited; penalties; jurisdiction;
160 disposition of fines.—
161 (1) It is unlawful for any person under 21 18 years of age
162 to knowingly possess any tobacco product. Any person under 21 18
163 years of age who violates this subsection commits a noncriminal
164 violation as provided in s. 775.08(3), punishable by:
165 (a) For a first violation, 16 hours of community service
166 or, instead of community service, a $25 fine. In addition, if
167 the person is under 18 years of age, the person must attend a
168 school-approved anti-vaping or anti-tobacco program, if locally
169 available; or
170 (b) For a second or subsequent violation within 12 weeks
171 after the first violation, a $25 fine.
172
173 Any second or subsequent violation not within the 12-week period
174 after the first violation is punishable as provided for a first
175 violation.
176 (2) It is unlawful for any person under 21 18 years of age
177 to misrepresent his or her age or military service for the
178 purpose of inducing a dealer or an agent or employee of the
179 dealer to sell, give, barter, furnish, or deliver any tobacco
180 product, or to purchase, or attempt to purchase, any tobacco
181 product from a person or a vending machine. Any person under 21
182 18 years of age who violates this subsection commits a
183 noncriminal violation as provided in s. 775.08(3), punishable
184 by:
185 (a) For a first violation, 16 hours of community service
186 or, instead of community service, a $25 fine and, in addition,
187 if the person is under 18 years of age, the person must attend a
188 school-approved anti-vaping or anti-tobacco program, if
189 available; or
190 (b) For a second or subsequent violation within 12 weeks
191 after the first violation, a $25 fine.
192
193 Any second or subsequent violation not within the 12-week period
194 after the first violation is punishable as provided for a first
195 violation.
196 (3) Any person under 21 18 years of age cited for
197 committing a noncriminal violation under this section must sign
198 and accept a civil citation indicating a promise to appear
199 before the county court or comply with the requirement for
200 paying the fine and, if the person is under 18 years of age,
201 must attend a school-approved anti-vaping or anti-tobacco
202 program, if locally available. If a fine is assessed for a
203 violation of this section, the fine must be paid within 30 days
204 after the date of the citation or, if a court appearance is
205 mandatory, within 30 days after the date of the hearing.
206 (4) A person charged with a noncriminal violation under
207 this section must appear before the county court or comply with
208 the requirement for paying the fine. The court, after a hearing,
209 shall make a determination as to whether the noncriminal
210 violation was committed. If the court finds the violation was
211 committed, it shall impose an appropriate penalty as specified
212 in subsection (1) or subsection (2). A person who participates
213 in community service shall be considered an employee of the
214 state for the purpose of chapter 440, for the duration of such
215 service.
216 (5)(a) If a person under 21 18 years of age is found by the
217 court to have committed a noncriminal violation under this
218 section and that person has failed to complete community
219 service, pay the fine as required by paragraph (1)(a) or
220 paragraph (2)(a), or, if the person is under 18 years of age,
221 attend a school-approved anti-vaping or anti-tobacco program, if
222 locally available, the court may direct the Department of
223 Highway Safety and Motor Vehicles to withhold issuance of or
224 suspend the driver license or driving privilege of that person
225 for a period of 30 consecutive days.
226 (b) If a person under 21 18 years of age is found by the
227 court to have committed a noncriminal violation under this
228 section and that person has failed to pay the applicable fine as
229 required by paragraph (1)(b) or paragraph (2)(b), the court may
230 direct the Department of Highway Safety and Motor Vehicles to
231 withhold issuance of or suspend the driver license or driving
232 privilege of that person for a period of 45 consecutive days.
233 (6) Eighty percent of all civil penalties received by a
234 county court pursuant to this section shall be remitted by the
235 clerk of the court to the Department of Revenue for transfer to
236 the Department of Education to provide for teacher training and
237 for research and evaluation to reduce and prevent the use of
238 tobacco products by children. The remaining 20 percent of civil
239 penalties received by a county court pursuant to this section
240 shall remain with the clerk of the county court to cover
241 administrative costs.
242 Section 8. Section 877.112, Florida Statutes, is repealed.
243 Section 9. Paragraphs (a) and (b) of subsection (5) and
244 paragraphs (e) and (g) of subsection (8) of section 210.095,
245 Florida Statutes, are amended to read:
246 210.095 Mail order, Internet, and remote sales of tobacco
247 products; age verification.—
248 (5) Each person who mails, ships, or otherwise delivers
249 tobacco products in connection with an order for a delivery sale
250 must:
251 (a) Include as part of the shipping documents, in a clear
252 and conspicuous manner, the following statement: “Tobacco
253 Products: Florida law prohibits shipping to individuals under 21
254 18 years of age and requires the payment of all applicable
255 taxes.”
256 (b) Use a method of mailing, shipping, or delivery which
257 obligates the delivery service to require:
258 1. The individual submitting the order for the delivery
259 sale or another adult who resides at the individual’s address to
260 sign his or her name to accept delivery of the shipping
261 container. Proof of the legal minimum purchase age of the
262 individual accepting delivery is required only if the individual
263 appears to be under 30 27 years of age.
264 2. Proof that the individual is either the addressee or the
265 adult designated by the addressee, in the form of a valid,
266 government-issued identification card bearing a photograph of
267 the individual who signs to accept delivery of the shipping
268 container.
269
270 If the person accepting a purchase order for a delivery sale
271 delivers the tobacco products without using a delivery service,
272 the person must comply with all of the requirements of this
273 section which apply to a delivery service. Any failure to comply
274 with a requirement of this section constitutes a violation
275 thereof.
276 (8)
277 (e) A person who, in connection with a delivery sale,
278 delivers tobacco products on behalf of a delivery service to an
279 individual who is not an adult commits a misdemeanor of the
280 second third degree, punishable as provided in s. 775.082 or s.
281 775.083.
282 (g) An individual who is not an adult and who knowingly
283 violates any provision of this section commits a misdemeanor of
284 the second third degree, punishable as provided in s. 775.082 or
285 s. 775.083.
286 Section 10. Section 569.0075, Florida Statutes, is amended
287 to read:
288 569.0075 Gift of sample tobacco products prohibited.—The
289 gift of sample tobacco products to any person under the age of
290 21 18 by an entity licensed or permitted under the provisions of
291 chapter 210 or this chapter, or by an employee of such entity,
292 is prohibited and is punishable as provided in s. 569.101.
293 Section 11. Subsection (1), paragraphs (b) and (c) of
294 subsection (2), and subsection (3) of section 569.008, Florida
295 Statutes, are amended to read:
296 569.008 Responsible retail tobacco products dealers;
297 qualifications; mitigation of disciplinary penalties; diligent
298 management and supervision; presumption.—
299 (1) The Legislature intends to prevent the sale of tobacco
300 products to persons under 21 18 years of age and to encourage
301 retail tobacco products dealers to comply with responsible
302 practices in accordance with this section.
303 (2) To qualify as a responsible retail tobacco products
304 dealer, the dealer must establish and implement procedures
305 designed to ensure that the dealer’s employees comply with the
306 provisions of this chapter. The dealer must provide a training
307 program for the dealer’s employees which addresses the use and
308 sale of tobacco products and which includes at least the
309 following topics:
310 (b) Methods of recognizing and handling customers under 21
311 18 years of age.
312 (c) Procedures for proper examination of identification
313 cards in order to verify that customers are not under 21 18
314 years of age.
315 (3) In determining penalties under s. 569.006, the division
316 may mitigate penalties imposed against a dealer because of an
317 employee’s illegal sale of a tobacco product to a person under
318 21 18 years of age if the following conditions are met:
319 (a) The dealer is qualified as a responsible dealer under
320 this section.
321 (b) The dealer provided the training program required under
322 subsection (2) to that employee before the illegal sale
323 occurred.
324 (c) The dealer had no knowledge of that employee’s
325 violation at the time of the violation and did not direct,
326 approve, or participate in the violation.
327 (d) If the sale was made through a vending machine, the
328 machine was equipped with an operational lock-out device.
329 Section 12. Paragraph (b) of subsection (2), subsection
330 (3), and paragraph (g) of subsection (4) of section 569.12,
331 Florida Statutes, are amended to read:
332 569.12 Jurisdiction; tobacco product enforcement officers
333 or agents; enforcement.—
334 (2)
335 (b) A tobacco product enforcement officer is authorized to
336 issue a citation to a person under the age of 21 18 when, based
337 upon personal investigation, the officer has reasonable cause to
338 believe that the person has committed a civil infraction in
339 violation of s. 386.212 or s. 569.11.
340 (3) A correctional probation officer as defined in s.
341 943.10(3) is authorized to issue a citation to a person under
342 the age of 21 18 when, based upon personal investigation, the
343 officer has reasonable cause to believe that the person has
344 committed a civil infraction in violation of s. 569.11.
345 (4) A citation issued to any person violating the
346 provisions of s. 569.11 shall be in a form prescribed by the
347 Division of Alcoholic Beverages and Tobacco of the Department of
348 Business and Professional Regulation and shall contain:
349 (g) The procedure for the person to follow in order to
350 contest the citation, perform the required community service,
351 attend the required anti-vaping or anti-tobacco program, or to
352 pay the civil penalty.
353
354 ================= T I T L E A M E N D M E N T ================
355 And the title is amended as follows:
356 Delete lines 7 - 21
357 and insert:
358 property; revising civil penalties; amending s.
359 569.002, F.S.; defining the term “liquid nicotine
360 product”; revising the definition of the term “tobacco
361 products”; deleting the term “any person under the age
362 of 18”; amending s. 569.003, F.S.; revising the age
363 limits for retail tobacco products dealer permits;
364 amending s. 569.007, F.S.; revising prohibitions on
365 the sale of tobacco products from vending machines;
366 providing requirements for the delivery of vapor
367 generating electronic devices and liquid nicotine
368 products; conforming provisions to federal law;
369 prohibiting a person from selling, delivering,
370 bartering, furnishing, or giving flavored liquid
371 nicotine products to any other person; defining the
372 term “flavored liquid nicotine product”; providing
373 applicability; amending s. 569.101, F.S.; requiring
374 that the age of persons purchasing tobacco products be
375 verified under certain circumstances; amending s.
376 569.11, F.S.; revising civil penalties; conforming
377 provisions to federal law; conforming provisions to
378 changes made by the act; repealing s. 877.112, F.S.,
379 relating to nicotine products and nicotine dispensing
380 devices; amending s. 210.095, F.S.; conforming
381 provisions to federal law; making technical changes;
382 amending ss. 569.0075, 569.008, 569.12, 569.14, and
383 569.19, F.S.; conforming