Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 810
       
       
       
       
       
       
                                Ì811930|Î811930                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2020           .                                
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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