Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1080
       
       
       
       
       
       
                                Ì859156CÎ859156                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Regulated Industries (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
    6  and (c) of subsection (2), paragraph (a) of subsection (3),
    7  paragraph (a) of subsection (4), paragraphs (a) and (b) of
    8  subsection (5), and paragraphs (a), (b), (e), and (g) of
    9  subsection (8) of section 210.095, Florida Statutes, are amended
   10  to read:
   11         210.095 Mail order, Internet, and remote sales of tobacco
   12  products; age verification.—
   13         (1) For purposes of this section, the term:
   14         (a) “Adult” means an individual who is at least of the
   15  legal minimum purchase age for tobacco products.
   16         (2)
   17         (a) A sale of tobacco products constituting a delivery sale
   18  pursuant to paragraph (1)(b) (1)(c) is a delivery sale
   19  regardless of whether the person accepting the order for the
   20  delivery sale is located inside or outside this state.
   21         (c) A person may not make a delivery sale of tobacco
   22  products to any individual who is not 21 years of age or older
   23  an adult.
   24         (3) A person may not mail, ship, or otherwise deliver
   25  tobacco products in connection with an order for a delivery sale
   26  unless, before the first delivery to the consumer, the person
   27  accepting the order for the delivery sale:
   28         (a) Obtains from the individual submitting the order a
   29  certification that includes:
   30         1. Reliable confirmation that the individual is 21 years of
   31  age or older an adult; and
   32         2. A statement signed by the individual in writing and
   33  under penalty of perjury which:
   34         a. Certifies the address and date of birth of the
   35  individual; and
   36         b. Confirms that the individual wants to receive delivery
   37  sales from a tobacco company and understands that, under the
   38  laws of this state, the following actions are illegal:
   39         (I) Signing another individual’s name to the certification;
   40         (II) Selling tobacco products to individuals under the
   41  legal minimum purchase age; and
   42         (III) Purchasing tobacco products, if the person making the
   43  purchase is under the legal minimum purchase age.
   44  
   45  In addition to the requirements of this subsection, a person
   46  accepting an order for a delivery sale may request that a
   47  consumer provide an electronic mail address.
   48         (4) The notice described in paragraph (3)(c) must include
   49  prominent and clearly legible statements that sales of tobacco
   50  products are:
   51         (a) Illegal if made to individuals who are not 21 years of
   52  age or older adults.
   53  
   54  The notice must include an explanation of how each tax has been,
   55  or is to be, paid with respect to the delivery sale.
   56         (5) Each person who mails, ships, or otherwise delivers
   57  tobacco products in connection with an order for a delivery sale
   58  must:
   59         (a) Include as part of the shipping documents, in a clear
   60  and conspicuous manner, the following statement: “Tobacco
   61  Products: Florida law prohibits shipping to individuals under 21
   62  18 years of age and requires the payment of all applicable
   63  taxes.”
   64         (b) Use a method of mailing, shipping, or delivery which
   65  obligates the delivery service to require:
   66         1. The individual submitting the order for the delivery
   67  sale or another individual who is 21 years of age or older adult
   68  who resides at the individual’s address to sign his or her name
   69  to accept delivery of the shipping container. Proof of the legal
   70  minimum purchase age of the individual accepting delivery is
   71  required only if the individual appears to be under 30 27 years
   72  of age.
   73         2. Proof that the individual is either the addressee or the
   74  individual who is 21 years of age or older adult designated by
   75  the addressee, in the form of a valid, government-issued
   76  identification card bearing a photograph of the individual who
   77  signs to accept delivery of the shipping container.
   78  
   79  If the person accepting a purchase order for a delivery sale
   80  delivers the tobacco products without using a delivery service,
   81  the person must comply with all of the requirements of this
   82  section which apply to a delivery service. Any failure to comply
   83  with a requirement of this section constitutes a violation
   84  thereof.
   85         (8)(a) Except as otherwise provided in this section, a
   86  violation of this section by a person other than an individual
   87  who is not 21 years of age or older an adult is a misdemeanor of
   88  the first degree, punishable as provided in s. 775.082 or s.
   89  775.083, and:
   90         1. For a first violation of this section, the person shall
   91  be fined $1,000 or five times the retail value of the tobacco
   92  products involved in the violation, whichever is greater.
   93         2. For a second or subsequent violation of this section,
   94  the person shall be fined $5,000 or five times the retail value
   95  of the tobacco products involved in the violation, whichever is
   96  greater.
   97         (b) A person who is 21 years of age or older an adult and
   98  knowingly submits a false certification under subsection (3)
   99  commits a misdemeanor of the first degree, punishable as
  100  provided in s. 775.082 or s. 775.083. For each offense, the
  101  person shall be fined $10,000 or five times the retail value of
  102  the tobacco products involved in the violation, whichever is
  103  greater.
  104         (e) A person who, in connection with a delivery sale,
  105  delivers tobacco products on behalf of a delivery service to an
  106  individual who is not 21 years of age or older an adult commits
  107  a misdemeanor of the second third degree, punishable as provided
  108  in s. 775.082 or s. 775.083.
  109         (g) An individual who is not 21 years of age or older an
  110  adult and who knowingly violates any provision of this section
  111  commits a misdemeanor of the second third degree, punishable as
  112  provided in s. 775.082 or s. 775.083.
  113         Section 2. Paragraph (b) of subsection (1) of section
  114  210.15, Florida Statutes, is amended to read:
  115         210.15 Permits.—
  116         (1)
  117         (b) Permits shall be issued only to persons of good moral
  118  character who are not less than 21 18 years of age. Permits to
  119  corporations shall be issued only to corporations whose officers
  120  are of good moral character and not less than 21 18 years of
  121  age. There shall be no exemptions from the permit fees herein
  122  provided to any persons, association of persons, or corporation,
  123  any law to the contrary notwithstanding.
  124         Section 3. Subsection (1) of section 386.212, Florida
  125  Statutes, is amended to read:
  126         386.212 Smoking and vaping prohibited near school property;
  127  penalty.—
  128         (1) It is unlawful for any person under 21 18 years of age
  129  to smoke tobacco or vape in, on, or within 1,000 feet of the
  130  real property comprising a public or private elementary, middle,
  131  or secondary school between the hours of 6 a.m. and midnight.
  132  This section does not apply to any person occupying a moving
  133  vehicle or within a private residence.
  134         Section 4. Chapter 569, entitled “Tobacco Products,” is
  135  renamed “Tobacco and Nicotine Products.”
  136         Section 5. The Division of Law Revision is directed to:
  137         (1)Create part I of chapter 569, Florida Statutes,
  138  consisting of ss. 569.002-569.23, Florida Statutes, to be
  139  entitled “Tobacco Products.”
  140         (2)Create part II of chapter 569, Florida Statutes,
  141  consisting of ss. 569.31-569.45, Florida Statutes, to be
  142  entitled “Nicotine Products.”
  143         Section 6. Section 569.002, Florida Statutes, is amended to
  144  read:
  145         569.002 Definitions.—As used in this part chapter, the
  146  term:
  147         (1) “Dealer” is synonymous with the term “retail tobacco
  148  products dealer.”
  149         (2) “Division” means the Division of Alcoholic Beverages
  150  and Tobacco of the Department of Business and Professional
  151  Regulation.
  152         (3) “Nicotine product” has the same meaning as provided in
  153  s. 569.31(4).
  154         (4)“Nicotine dispensing device” has the same meaning as
  155  provided in s. 569.31(3).
  156         (5) “Permit” is synonymous with the term “retail tobacco
  157  products dealer permit.”
  158         (6)(4) “Retail tobacco products dealer” means the holder of
  159  a retail tobacco products dealer permit.
  160         (7)(5) “Retail tobacco products dealer permit” means a
  161  permit issued by the division pursuant to s. 569.003.
  162         (8)(6) “Tobacco products” includes loose tobacco leaves,
  163  and products made from tobacco leaves, in whole or in part, and
  164  cigarette wrappers, which can be used for smoking, sniffing, or
  165  chewing.
  166         (9)(7) “Any person under the age of 21 18” does not include
  167  any person under the age of 21 18 who:
  168         (a) Has had his or her disability of nonage removed under
  169  chapter 743;
  170         (b) Is in the military reserve or on active duty in the
  171  Armed Forces of the United States;
  172         (c) Is otherwise emancipated by a court of competent
  173  jurisdiction and released from parental care and responsibility;
  174  or
  175         (b)(d) Is acting in his or her scope of lawful employment
  176  with an entity licensed under the provisions of chapter 210 or
  177  this part chapter.
  178         Section 7. Paragraph (c) of subsection (1) of section
  179  569.003, Florida Statutes, is amended to read:
  180         569.003 Retail tobacco products dealer permits;
  181  application; qualifications; fees; renewal; duplicates.—
  182         (1)
  183         (c) Permits shall be issued annually, upon payment of the
  184  annual permit fee prescribed by the division. The division shall
  185  fix the fee in an amount sufficient to meet the costs incurred
  186  by it in carrying out its permitting, enforcement, and
  187  administrative responsibilities under this part chapter, but the
  188  fee may not exceed $50. The proceeds of the fee shall be
  189  deposited into the Alcoholic Beverage and Tobacco Trust Fund.
  190         Section 8. Section 569.004, Florida Statutes, is amended to
  191  read:
  192         569.004 Consent to inspection and search without warrant.
  193  An applicant for a permit, by accepting the permit when issued,
  194  agrees that the place or premises covered by the permit is
  195  subject to inspection and search without a search warrant by the
  196  division or its authorized assistants, and by sheriffs, deputy
  197  sheriffs, or police officers, to determine compliance with this
  198  chapter, including part II of this chapter if the applicant
  199  deals, at retail, in nicotine products within the state or
  200  allows a nicotine products vending machine to be located on its
  201  premises within the state.
  202         Section 9. Section 569.006, Florida Statutes, is amended to
  203  read:
  204         569.006 Retail tobacco products dealers; administrative
  205  penalties.—The division may suspend or revoke the permit of the
  206  dealer upon sufficient cause appearing of the violation of any
  207  of the provisions of this chapter, including part II of this
  208  chapter if the dealer deals, at retail, in nicotine products
  209  within the state or allows a nicotine products vending machine
  210  to be located on its premises within the state, by a dealer or
  211  by a dealer’s agent or employee. The division may also assess
  212  and accept administrative fines of up to $1,000 against a dealer
  213  for each violation. The division shall deposit all fines
  214  collected into the General Revenue Fund as collected. An order
  215  imposing an administrative fine becomes effective 15 days after
  216  the date of the order. The division may suspend the imposition
  217  of a penalty against a dealer, conditioned upon the dealer’s
  218  compliance with terms the division considers appropriate.
  219         Section 10. Subsections (1) and (2) of section 569.007,
  220  Florida Statutes, are amended to read:
  221         569.007 Sale or delivery of tobacco products;
  222  restrictions.—
  223         (1) In order to prevent persons under 21 18 years of age
  224  from purchasing or receiving tobacco products, the sale or
  225  delivery of tobacco products is prohibited, except:
  226         (a) When under the direct control or line of sight of the
  227  dealer or the dealer’s agent or employee; or
  228         (b) Sales from a vending machine are prohibited under the
  229  provisions of paragraph (1)(a) and are only permissible from a
  230  machine that is equipped with an operational lockout device
  231  which is under the control of the dealer or the dealer’s agent
  232  or employee who directly regulates the sale of items through the
  233  machine by triggering the lockout device to allow the dispensing
  234  of one tobacco product. The lockout device must include a
  235  mechanism to prevent the machine from functioning if the power
  236  source for the lockout device fails or if the lockout device is
  237  disabled, and a mechanism to ensure that only one tobacco
  238  product is dispensed at a time.
  239         (2) The provisions of subsection (1) shall not apply to an
  240  establishment that prohibits persons under 21 18 years of age on
  241  the licensed premises.
  242         Section 11. Section 569.0075, Florida Statutes, is amended
  243  to read:
  244         569.0075 Gift of sample tobacco products prohibited.—The
  245  gift of sample tobacco products to any person under the age of
  246  21 18 by an entity licensed or permitted under the provisions of
  247  chapter 210 or this part chapter, or by an employee of such
  248  entity, is prohibited and is punishable as provided in s.
  249  569.101.
  250         Section 12. Subsection (1), paragraphs (b) and (c) of
  251  subsection (2), and subsection (3) of section 569.008, Florida
  252  Statutes, are amended to read:
  253         569.008 Responsible retail tobacco products dealers;
  254  qualifications; mitigation of disciplinary penalties; diligent
  255  management and supervision; presumption.—
  256         (1) The Legislature intends to prevent the sale of tobacco
  257  products to persons under 21 18 years of age and to encourage
  258  retail tobacco products dealers to comply with responsible
  259  practices in accordance with this section.
  260         (2) To qualify as a responsible retail tobacco products
  261  dealer, the dealer must establish and implement procedures
  262  designed to ensure that the dealer’s employees comply with the
  263  provisions of this part chapter. The dealer must provide a
  264  training program for the dealer’s employees which addresses the
  265  use and sale of tobacco products and which includes at least the
  266  following topics:
  267         (b) Methods of recognizing and handling customers under 21
  268  18 years of age.
  269         (c) Procedures for proper examination of identification
  270  cards in order to verify that customers are not under 21 18
  271  years of age.
  272         (3) In determining penalties under s. 569.006, the division
  273  may mitigate penalties imposed against a dealer because of an
  274  employee’s illegal sale of a tobacco product to a person under
  275  21 18 years of age if the following conditions are met:
  276         (a) The dealer is qualified as a responsible dealer under
  277  this section.
  278         (b) The dealer provided the training program required under
  279  subsection (2) to that employee before the illegal sale
  280  occurred.
  281         (c) The dealer had no knowledge of that employee’s
  282  violation at the time of the violation and did not direct,
  283  approve, or participate in the violation.
  284         (d) If the sale was made through a vending machine, the
  285  machine was equipped with an operational lock-out device.
  286         Section 13. Section 569.009, Florida Statutes, is amended
  287  to read:
  288         569.009 Rulemaking authority.—The division shall adopt any
  289  rules necessary to administer and enforce the provisions of this
  290  part chapter.
  291         Section 14. Section 569.101, Florida Statutes, is amended
  292  to read:
  293         569.101 Selling, delivering, bartering, furnishing, or
  294  giving tobacco products to persons under 21 18 years of age;
  295  criminal penalties; defense.—
  296         (1) It is unlawful to sell, deliver, barter, furnish, or
  297  give, directly or indirectly, to any person who is under 21 18
  298  years of age, any tobacco product.
  299         (2) Any person who violates subsection (1) commits a
  300  misdemeanor of the second degree, punishable as provided in s.
  301  775.082 or s. 775.083. However, any person who violates
  302  subsection (1) for a second or subsequent time within 1 year of
  303  the first violation, commits a misdemeanor of the first degree,
  304  punishable as provided in s. 775.082 or s. 775.083.
  305         (3) A person charged with a violation of subsection (1) has
  306  a complete defense if, at the time the tobacco product was sold,
  307  delivered, bartered, furnished, or given:
  308         (a) The buyer or recipient falsely evidenced that she or he
  309  was 21 18 years of age or older;
  310         (b) The appearance of the buyer or recipient was such that
  311  a prudent person would believe the buyer or recipient to be 21
  312  18 years of age or older; and
  313         (c) Such person carefully checked a driver license or an
  314  identification card issued by this state or another state of the
  315  United States, a passport, or a United States armed services
  316  identification card presented by the buyer or recipient and
  317  acted in good faith and in reliance upon the representation and
  318  appearance of the buyer or recipient in the belief that the
  319  buyer or recipient was 21 18 years of age or older.
  320         Section 15. Section 569.11, Florida Statutes, is amended to
  321  read:
  322         569.11 Possession, misrepresenting age or military service
  323  to purchase, and purchase of tobacco products by persons under
  324  21 18 years of age prohibited; penalties; jurisdiction;
  325  disposition of fines.—
  326         (1) It is unlawful for any person under 21 18 years of age
  327  to knowingly possess any tobacco product. Any person under 21 18
  328  years of age who violates this subsection commits a noncriminal
  329  violation as provided in s. 775.08(3), punishable by:
  330         (a) For a first violation, 16 hours of community service
  331  or, instead of community service, a $25 fine. In addition, the
  332  person must attend a school-approved anti-tobacco program, if
  333  locally available; or
  334         (b) For a second or subsequent violation within 12 weeks
  335  after the first violation, a $25 fine.
  336  
  337  Any second or subsequent violation not within the 12-week period
  338  after the first violation is punishable as provided for a first
  339  violation.
  340         (2) It is unlawful for any person under 21 18 years of age
  341  to misrepresent his or her age or military service for the
  342  purpose of inducing a dealer or an agent or employee of the
  343  dealer to sell, give, barter, furnish, or deliver any tobacco
  344  product, or to purchase, or attempt to purchase, any tobacco
  345  product from a person or a vending machine. Any person under 21
  346  18 years of age who violates this subsection commits a
  347  noncriminal violation as provided in s. 775.08(3), punishable
  348  by:
  349         (a) For a first violation, 16 hours of community service
  350  or, instead of community service, a $25 fine and, in addition,
  351  the person must attend a school-approved anti-tobacco program,
  352  if available; or
  353         (b) For a second or subsequent violation within 12 weeks
  354  after the first violation, a $25 fine.
  355  
  356  Any second or subsequent violation not within the 12-week period
  357  after the first violation is punishable as provided for a first
  358  violation.
  359         (3) Any person under 21 18 years of age cited for
  360  committing a noncriminal violation under this section must sign
  361  and accept a civil citation indicating a promise to appear
  362  before the county court or comply with the requirement for
  363  paying the fine and must attend a school-approved anti-tobacco
  364  program, if locally available. If a fine is assessed for a
  365  violation of this section, the fine must be paid within 30 days
  366  after the date of the citation or, if a court appearance is
  367  mandatory, within 30 days after the date of the hearing.
  368         (4) A person charged with a noncriminal violation under
  369  this section must appear before the county court or comply with
  370  the requirement for paying the fine. The court, after a hearing,
  371  shall make a determination as to whether the noncriminal
  372  violation was committed. If the court finds the violation was
  373  committed, it shall impose an appropriate penalty as specified
  374  in subsection (1) or subsection (2). A person who participates
  375  in community service shall be considered an employee of the
  376  state for the purpose of chapter 440, for the duration of such
  377  service.
  378         (5)(a) If a person under 21 18 years of age is found by the
  379  court to have committed a noncriminal violation under this
  380  section and that person has failed to complete community
  381  service, pay the fine as required by paragraph (1)(a) or
  382  paragraph (2)(a), or attend a school-approved anti-tobacco
  383  program, if locally available, the court may direct the
  384  Department of Highway Safety and Motor Vehicles to withhold
  385  issuance of or suspend the driver license or driving privilege
  386  of that person for a period of 30 consecutive days.
  387         (b) If a person under 21 18 years of age is found by the
  388  court to have committed a noncriminal violation under this
  389  section and that person has failed to pay the applicable fine as
  390  required by paragraph (1)(b) or paragraph (2)(b), the court may
  391  direct the Department of Highway Safety and Motor Vehicles to
  392  withhold issuance of or suspend the driver license or driving
  393  privilege of that person for a period of 45 consecutive days.
  394         (6) Eighty percent of all civil penalties received by a
  395  county court pursuant to this section shall be remitted by the
  396  clerk of the court to the Department of Revenue for transfer to
  397  the Department of Education to provide for teacher training and
  398  for research and evaluation to reduce and prevent the use of
  399  tobacco products by children. The remaining 20 percent of civil
  400  penalties received by a county court pursuant to this section
  401  shall remain with the clerk of the county court to cover
  402  administrative costs.
  403         Section 16. Section 569.12, Florida Statutes, is amended to
  404  read:
  405         569.12 Jurisdiction; tobacco product and nicotine product
  406  enforcement officers or agents; enforcement.—
  407         (1) In addition to the Division of Alcoholic Beverages and
  408  Tobacco of the Department of Business and Professional
  409  Regulation, any law enforcement officer certified under s.
  410  943.10(1), (6), or (8) shall enforce the provisions of this
  411  chapter.
  412         (2)(a) A county or municipality may designate certain of
  413  its employees or agents as tobacco product and nicotine product
  414  enforcement officers. The training and qualifications of the
  415  employees or agents for such designation shall be determined by
  416  the county or the municipality. Nothing in this section shall be
  417  construed to permit the carrying of firearms or other weapons by
  418  a tobacco product and nicotine product enforcement agent, nor
  419  does designation as a tobacco product and nicotine product
  420  enforcement officer provide the employee or agent with the power
  421  of arrest or subject the employee or agent to the provisions of
  422  ss. 943.085-943.255. Nothing in this section amends, alters, or
  423  contravenes the provisions of any state-administered retirement
  424  system or any state-supported retirement system established by
  425  general law.
  426         (b) A tobacco and nicotine product enforcement officer is
  427  authorized to issue a citation to a person under the age of 21
  428  18 when, based upon personal investigation, the officer has
  429  reasonable cause to believe that the person has committed a
  430  civil infraction in violation of s. 386.212, or s. 569.11, or s.
  431  569.42.
  432         (3) A correctional probation officer as defined in s.
  433  943.10(3) is authorized to issue a citation to a person under
  434  the age of 21 18 when, based upon personal investigation, the
  435  officer has reasonable cause to believe that the person has
  436  committed a civil infraction in violation of s. 569.11 or s.
  437  569.42.
  438         (4) A citation issued to any person violating the
  439  provisions of s. 569.11 or s. 569.42 shall be in a form
  440  prescribed by the Division of Alcoholic Beverages and Tobacco of
  441  the Department of Business and Professional Regulation and shall
  442  contain:
  443         (a) The date and time of issuance.
  444         (b) The name and address of the person to whom the citation
  445  is issued.
  446         (c) The date and time the civil infraction was committed.
  447         (d) The facts constituting reasonable cause.
  448         (e) The number of the Florida statute violated.
  449         (f) The name and authority of the citing officer.
  450         (g) The procedure for the person to follow in order to
  451  contest the citation, perform the required community service,
  452  attend the required anti-tobacco or anti-tobacco and anti
  453  nicotine program, or to pay the civil penalty.
  454         Section 17. Section 569.14, Florida Statutes, is amended to
  455  read:
  456         569.14 Posting of a sign stating that the sale of tobacco
  457  products or nicotine products to persons under 21 18 years of
  458  age is unlawful; enforcement; penalty.—
  459         (1) A dealer that sells tobacco products shall post a clear
  460  and conspicuous sign in each place of business where such
  461  products are sold which substantially states the following:
  462  
  463         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  464         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  465         REQUIRED FOR PURCHASE.
  466  
  467         (2) A dealer that sells tobacco products and nicotine
  468  products or nicotine dispensing devices, as defined in s.
  469  877.112, may use a sign that substantially states the following:
  470  
  471         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  472         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  473         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  474         REQUIRED FOR PURCHASE.
  475  
  476  A dealer that uses a sign as described in this subsection meets
  477  the signage requirements of subsection (1) and s. 569.43(1) s.
  478  877.112.
  479         (3) The division shall make available to dealers of tobacco
  480  products signs that meet the requirements of subsection (1) or
  481  subsection (2).
  482         (4) Any dealer that sells tobacco products shall provide at
  483  the checkout counter in a location clearly visible to the dealer
  484  or the dealer’s agent or employee instructional material in a
  485  calendar format or similar format to assist in determining
  486  whether a person is of legal age to purchase tobacco products.
  487  This point of sale material must contain substantially the
  488  following language:
  489  
  490                IF YOU WERE NOT BORN BEFORE THIS DATE              
  491                  (insert date and applicable year)                
  492         YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,       
  493                   OR NICOTINE DISPENSING DEVICES.                 
  494  
  495  Upon approval by the division, in lieu of a calendar a dealer
  496  may use card readers, scanners, or other electronic or automated
  497  systems that can verify whether a person is of legal age to
  498  purchase tobacco products. Failure to comply with the provisions
  499  contained in this subsection shall result in imposition of
  500  administrative penalties as provided in s. 569.006.
  501         (5) The division, through its agents and inspectors, shall
  502  enforce this section.
  503         (6) Any person who fails to comply with subsection (1) is
  504  guilty of a misdemeanor of the second degree, punishable as
  505  provided in s. 775.082 or s. 775.083.
  506         Section 18. Section 569.19, Florida Statutes, is amended to
  507  read:
  508         569.19 Annual report.—The division shall report annually
  509  with written findings to the Legislature and the Governor by
  510  December 31, on the progress of implementing the enforcement
  511  provisions of this part chapter. This must include, but is not
  512  limited to:
  513         (1) The number and results of compliance visits.
  514         (2) The number of violations for failure of a retailer to
  515  hold a valid license.
  516         (3) The number of violations for selling tobacco products
  517  to persons under age 21 18, and the results of administrative
  518  hearings on the above and related issues.
  519         (4) The number of persons under age 21 18 cited for
  520  violations of s. 569.11 and sanctions imposed as a result of
  521  citation.
  522         Section 19. Section 569.31, Florida Statutes, is created to
  523  read:
  524         569.31Definitions.—As used in this part, the term:
  525         (1)“Dealer” is synonymous with the term “retail nicotine
  526  products dealer.”
  527         (2)“Division” means the Division of Alcoholic Beverages
  528  and Tobacco of the Department of Business and Professional
  529  Regulation.
  530         (3)“Nicotine dispensing device” means any product that
  531  employs an electronic, chemical, or mechanical means to produce
  532  vapor or aerosol from a nicotine product, including, but not
  533  limited to, an electronic cigarette, electronic cigar,
  534  electronic cigarillo, electronic pipe, or other similar device
  535  or product, any replacement cartridge for such device, and any
  536  other container of nicotine in a solution or other form intended
  537  to be used with or within an electronic cigarette, electronic
  538  cigar, electronic cigarillo, electronic pipe, or other similar
  539  device or product.
  540         (4)“Nicotine product” means any product that contains
  541  nicotine, including liquid nicotine, which is intended for human
  542  consumption, whether inhaled, chewed, absorbed, dissolved, or
  543  ingested by any means. The term also includes any nicotine
  544  dispensing device. The term does not include a:
  545         (a)Tobacco product, as defined in s. 569.002;
  546         (b)Product regulated as a drug or device by the United
  547  States Food and Drug Administration under Chapter V of the
  548  Federal Food, Drug, and Cosmetic Act; or
  549         (c)Product that contains incidental nicotine.
  550         (5)“Permit” is synonymous with the term “retail nicotine
  551  products dealer permit.”
  552         (6)“Retail nicotine products dealer” means the holder of a
  553  retail nicotine products dealer permit.
  554         (7)“Retail nicotine products dealer permit” means a permit
  555  issued by the division under s. 569.32.
  556         (8)“Self-service merchandising” means the open display of
  557  nicotine products, whether packaged or otherwise, for direct
  558  retail customer access and handling before purchase without the
  559  intervention or assistance of the dealer or the dealer’s owner,
  560  employee, or agent. An open display of such products and devices
  561  includes the use of an open display unit.
  562         (9)“Any person under the age of 21” does not include any
  563  person under the age of 21 who:
  564         (a)Is in the military reserve or on active duty in the
  565  Armed Forces of the United States; or
  566         (b)Is acting in his or her scope of lawful employment.
  567         Section 20. Section 569.32, Florida Statutes, is created to
  568  read:
  569         569.32Retail nicotine products dealer permits;
  570  application; qualifications; renewal; duplicates.—
  571         (1)(a)Each person, firm, association, or corporation that
  572  seeks to deal, at retail, in nicotine products within the state,
  573  or to allow a nicotine products vending machine to be located on
  574  its premises in the state, must obtain a retail nicotine
  575  products dealer permit for each place of business or premises at
  576  which nicotine products are sold. Each dealer owning, leasing,
  577  furnishing, or operating vending machines through which nicotine
  578  products are sold must obtain a permit for each machine and
  579  shall post the permit in a conspicuous place on or near the
  580  machine; however, if the dealer has more than one vending
  581  machine at a single location or if nicotine products are sold
  582  both over the counter and through a vending machine at a single
  583  location, the dealer need obtain only one permit for that
  584  location.
  585         (b)Application for a permit must be made on a form
  586  furnished by the division and must set forth the name under
  587  which the applicant transacts or intends to transact business,
  588  the address of the location of the applicant’s place of business
  589  within the state, and any other information the division
  590  requires. If the applicant has or intends to have more than one
  591  place of business dealing in nicotine products within the state,
  592  a separate application must be made for each place of business.
  593  If the applicant is a firm or an association, the application
  594  must set forth the names and addresses of the persons
  595  constituting the firm or association; if the applicant is a
  596  corporation, the application must set forth the names and
  597  addresses of the principal officers of the corporation. The
  598  application must also set forth any other information prescribed
  599  by the division for the purpose of identifying the applicant
  600  firm, association, or corporation. The application must be
  601  signed and verified by oath or affirmation by the owner, if a
  602  sole proprietor, or, if the owner is a firm, association, or
  603  partnership, by the members or partners thereof, or, if the
  604  owner is a corporation, by an executive officer of the
  605  corporation or by a person authorized by the corporation to sign
  606  the application, together with the written evidence of this
  607  authority.
  608         (2)(a)Permits may be issued only to persons who are 21
  609  years of age or older or to corporations the officers of which
  610  are 21 years of age or older.
  611         (b)The division may refuse to issue a permit to any
  612  person, firm, association, or corporation the permit of which
  613  has been revoked, to any corporation an officer of which has had
  614  his or her permit revoked, or to any person who is or has been
  615  an officer of a corporation the permit of which has been
  616  revoked. Any permit issued to a firm, association, or
  617  corporation prohibited from obtaining a permit under this
  618  chapter shall be revoked by the division.
  619         (3)Upon approval of an application for a permit, the
  620  division shall issue to the applicant a permit for the place of
  621  business or premises specified in the application. A permit is
  622  not assignable and is valid only for the person in whose name
  623  the permit is issued and for the place designated in the permit.
  624  The permit shall be conspicuously displayed at all times at the
  625  place for which issued.
  626         Section 21. Section 569.33 Florida Statutes, is created to
  627  read:
  628         569.33Consent to inspection and search without warrant.—An
  629  applicant for a retail nicotine products dealer permit, by
  630  accepting the permit when issued, agrees that the place or
  631  premises covered by the permit is subject to inspection and
  632  search without a search warrant by the division or its
  633  authorized assistants, and by sheriffs, deputy sheriffs, or
  634  police officers, to determine compliance with this part.
  635         Section 22. Section 569.34, Florida Statutes, is created to
  636  read:
  637         569.34Operating without a retail nicotine products dealer
  638  permit; penalty.—
  639         (1)It is unlawful for a person, firm, association, or
  640  corporation to deal, at retail, in nicotine products, in any
  641  manner, or to allow a nicotine products vending machine to be
  642  located on its premises, without having a retail nicotine
  643  product dealer permit as required by s. 569.32. A person who
  644  violates this section commits a noncriminal violation,
  645  punishable by a fine of not more than $500.
  646         (2)A retail tobacco products dealer, as defined in s.
  647  569.002(4), is not required to have a separate or additional
  648  retail nicotine products dealer permit to deal, at retail, in
  649  nicotine products within the state, or allow a nicotine products
  650  vending machine to be located on its premises in the state. Any
  651  retail tobacco products dealer that deals, at retail, in
  652  nicotine products or allows a tobacco products vending machine
  653  to be located on its premises in the state, is subject to, and
  654  must be in compliance with, this part.
  655         (3)Any person who violates this section shall be cited for
  656  such infraction and shall be cited to appear before the county
  657  court. The citation may indicate the time, date, and location of
  658  the scheduled hearing and must indicate that the penalty for a
  659  noncriminal violation is a fine of not more than $500.
  660         (a)A person cited for an infraction under this section
  661  may:
  662         1.Post a $500 bond; or
  663         2.Sign and accept the citation indicating a promise to
  664  appear.
  665         (b)A person cited for violating this section may:
  666         1.Pay the fine, either by mail or in person, within 10
  667  days after receiving the citation; or
  668         2.If the person has posted bond, forfeit the bond by not
  669  appearing at the scheduled hearing.
  670         (c)If the person pays the fine or forfeits bond, the
  671  person is deemed to have admitted violating this section and to
  672  have waived the right to a hearing on the issue of commission of
  673  the violation. Such admission may not be used as evidence in any
  674  other proceeding.
  675         (d)The court, after a hearing, shall make a determination
  676  as to whether an infraction has been committed. If the
  677  commission of an infraction has been proven beyond a reasonable
  678  doubt, the court may impose a civil penalty in an amount that
  679  may not exceed $500.
  680         (e) If a person is found by the court to have committed the
  681  infraction, that person may appeal that finding to the circuit
  682  court.
  683         Section 23. Section 569.35, Florida Statutes, is created to
  684  read:
  685         569.35 Retail nicotine product dealers; administrative
  686  penalties.—The division may suspend or revoke the permit of a
  687  dealer, including the retail tobacco products dealer permit of a
  688  retail tobacco products dealer as defined in s. 569.002(4), upon
  689  sufficient cause appearing of the violation of any of the
  690  provisions of this part, by a dealer, or by a dealer’s agent or
  691  employee. The division may also assess and accept an
  692  administrative fine of up to $1,000 against a dealer for each
  693  violation. The division shall deposit all fines collected into
  694  the General Revenue Fund as collected. An order imposing an
  695  administrative fine becomes effective 15 days after the date of
  696  the order. The division may suspend the imposition of a penalty
  697  against a dealer, conditioned upon the dealer’s compliance with
  698  terms the division considers appropriate.
  699         Section 24. Section 569.37, Florida Statutes, is created to
  700  read:
  701         569.37 Sale or delivery of nicotine products;
  702  restrictions.—
  703         (1) In order to prevent persons under 21 years of age from
  704  purchasing or receiving nicotine products, the sale or delivery
  705  of nicotine products is prohibited, except:
  706         (a) When under the direct control or line of sight of the
  707  dealer or the dealer’s agent or employee; or
  708         (b) Sales from a vending machine are prohibited under
  709  paragraph (a) and are only permissible from a machine that is
  710  equipped with an operational lockout device that is under the
  711  control of the dealer or the dealer’s agent or employee who
  712  directly regulates the sale of items through the machine by
  713  triggering the lockout device to allow the dispensing of one
  714  nicotine product. The lockout device must include a mechanism to
  715  prevent the machine from functioning if the power source for the
  716  lockout device fails or if the lockout device is disabled, and a
  717  mechanism to ensure that only one nicotine product is dispensed
  718  at a time.
  719         (2)(a) A dealer that sells nicotine products may not sell,
  720  permit to be sold, offer for sale, or display for sale such
  721  products or devices by means of self-service merchandising.
  722         (b) A dealer that sells nicotine products may not place
  723  such products or devices in an open display unit unless the unit
  724  is located in an area that is inaccessible to customers.
  725         (3) The provisions of subsections (1) and (2) shall not
  726  apply to an establishment that prohibits persons under 21 years
  727  of age on the licensed premises.
  728         (4) A dealer or a dealer’s agent or employee may require
  729  proof of age of a purchaser of a nicotine product before selling
  730  the product to that person.
  731         Section 25. Section 569.38, Florida Statutes, is created to
  732  read:
  733         569.38 Gift of sample nicotine products and nicotine
  734  dispensing devices.—The gift of sample nicotine products to any
  735  person under the age of 21 by an entity permitted under this
  736  part, or by an employee of such entity, is prohibited and is
  737  punishable as provided in s. 569.41.
  738         Section 26. Section 569.381, Florida Statutes, is created
  739  to read:
  740         569.381 Responsible retail nicotine products dealers;
  741  qualifications; mitigation of disciplinary penalties; diligent
  742  management and supervision; presumption.—
  743         (1) It is the intent of the Legislature to prevent the sale
  744  of nicotine products to persons under 21 years of age and to
  745  encourage retail nicotine products dealers to comply with
  746  responsible practices in accordance with this section.
  747         (2) To qualify as a responsible retail nicotine products
  748  dealer, the dealer must establish and implement procedures
  749  designed to ensure that the dealer’s employees comply with this
  750  part. The dealer must provide a training program for the
  751  dealer’s employees which addresses the use and sale of nicotine
  752  products and which includes at least the following topics:
  753         (a) Laws covering the sale of nicotine products.
  754         (b) Methods of recognizing and handling customers under 21
  755  years of age.
  756         (c) Procedures for proper examination of identification
  757  cards in order to verify that customers are not under 21 years
  758  of age.
  759         (d) The use of the age audit identification function on
  760  electronic point-of-sale equipment, where available.
  761         (3) In determining penalties under s. 569.35, the division
  762  may mitigate penalties imposed against a dealer because of an
  763  employee’s illegal sale of a nicotine product to a person under
  764  21 years of age if the following conditions are met:
  765         (a) The dealer is qualified as a responsible dealer under
  766  this section.
  767         (b) The dealer provided the training program required under
  768  subsection (2) to that employee before the illegal sale
  769  occurred.
  770         (c) The dealer had no knowledge of that employee’s
  771  violation at the time of the violation and did not direct,
  772  approve, or participate in the violation.
  773         (d) If the sale was made through a vending machine, the
  774  machine was equipped with an operational lock-out device.
  775         (4) The division shall develop and make available a model
  776  nicotine products training program designed to ensure adherence
  777  to this part by dealers and their employees which, if followed,
  778  will qualify dealers as responsible dealers.
  779         (5) Dealers shall exercise diligence in the management and
  780  supervision of their premises and in the supervision and
  781  training of their employees, agents, or servants. In proceedings
  782  to impose penalties under s. 569.35, proof that employees,
  783  agents, or servants of the dealer, while in the scope of their
  784  employment, committed at least three violations of s. 569.41
  785  during a 180-day period shall be prima facie evidence of a lack
  786  of due diligence by the dealer in the management and supervision
  787  of his or her premises and in the supervision and training of
  788  employees, agents, officers, or servants.
  789         (6) The division may consider qualification as a
  790  responsible retail nicotine products dealer under this section
  791  as evidence that the dealer properly exercised the diligence
  792  required under this section.
  793         Section 27. Section 569.39, Florida Statutes, is created to
  794  read:
  795         569.39 Rulemaking authority.—The division shall adopt rules
  796  to administer and enforce this part.
  797         Section 28. Section 569.41, Florida Statutes, is created to
  798  read:
  799         569.41 Selling, delivering, bartering, furnishing, or
  800  giving nicotine products to persons under 21 years of age;
  801  criminal penalties; defense.—
  802         (1) It is unlawful to sell, deliver, barter, furnish, or
  803  give, directly or indirectly, to any person who is under 21
  804  years of age, any nicotine product.
  805         (2) Any person who violates subsection (1) commits a
  806  misdemeanor of the second degree, punishable as provided in s.
  807  775.082 or s. 775.083. However, any person who violates
  808  subsection (1) for a second or subsequent time within 1 year
  809  after the first violation commits a misdemeanor of the first
  810  degree, punishable as provided in s. 775.082 or s. 775.083.
  811         (3) A person charged with a violation of subsection (1) has
  812  a complete defense if, at the time the nicotine product was
  813  sold, delivered, bartered, furnished, or given:
  814         (a) The buyer or recipient falsely evidenced that she or he
  815  was 21 years of age or older;
  816         (b) The appearance of the buyer or recipient was such that
  817  a prudent person would believe the buyer or recipient to be 21
  818  years of age or older; and
  819         (c) Such person carefully checked a driver license or an
  820  identification card issued by the state or another state of the
  821  United States, a passport, or a United States armed services
  822  identification card presented by the buyer or recipient and
  823  acted in good faith and in reliance upon the representation and
  824  appearance of the buyer or recipient in the belief that the
  825  buyer or recipient was 21 years of age or older.
  826         Section 29. Section 569.42, Florida Statutes, is created to
  827  read:
  828         569.42 Possession, misrepresenting age or military service
  829  to purchase, and purchase of nicotine products by persons under
  830  21 years of age prohibited; penalties; jurisdiction; disposition
  831  of fines.—
  832         (1) It is unlawful for any person under 21 years of age to
  833  knowingly possess any nicotine product. Any person under 21
  834  years of age who violates this subsection commits a noncriminal
  835  violation as provided in s. 775.08(3), punishable by:
  836         (a) For a first violation, 16 hours of community service
  837  or, instead of community service, a $25 fine. In addition, the
  838  person must attend a school-approved anti-tobacco and anti
  839  nicotine program, if locally available; or
  840         (b) For a second or subsequent violation within 12 weeks
  841  after the first violation, a $25 fine.
  842  
  843  Any second or subsequent violation not within the 12-week period
  844  after the first violation is punishable as provided for a first
  845  violation.
  846         (2) It is unlawful for any person under 21 years of age to
  847  misrepresent his or her age or military service for the purpose
  848  of inducing a dealer or an agent or employee of the dealer to
  849  sell, give, barter, furnish, or deliver any nicotine product, or
  850  to purchase, or attempt to purchase, any nicotine product from a
  851  person or a vending machine. Any person under 21 years of age
  852  who violates this subsection commits a noncriminal violation as
  853  defined in s. 775.08(3), punishable by:
  854         (a) For a first violation, 16 hours of community service
  855  or, instead of community service, a $25 fine and, in addition,
  856  the person must attend a school-approved anti-tobacco and anti
  857  nicotine program, if available; or
  858         (b) For a second or subsequent violation within 12 weeks
  859  after the first violation, a $25 fine.
  860  
  861  Any second or subsequent violation not within the 12-week period
  862  after the first violation is punishable as provided for a first
  863  violation.
  864         (3) Any person under 21 years of age cited for committing a
  865  noncriminal violation under this section must sign and accept a
  866  civil citation indicating a promise to appear before the county
  867  court or comply with the requirement for paying the fine and
  868  must attend a school-approved anti-tobacco and anti-nicotine
  869  program, if locally available. If a fine is assessed for a
  870  violation of this section, the fine must be paid within 30 days
  871  after the date of the citation or, if a court appearance is
  872  mandatory, within 30 days after the date of the hearing.
  873         (4) A person charged with a noncriminal violation under
  874  this section must appear before the county court or comply with
  875  the requirement for paying the fine. The court, after a hearing,
  876  shall make a determination as to whether the noncriminal
  877  violation was committed. If the court finds the violation was
  878  committed, it shall impose an appropriate penalty as specified
  879  in subsection (1) or subsection (2). A person who participates
  880  in community service shall be considered an employee of the
  881  state for the purpose of chapter 440, for the duration of such
  882  service.
  883         (5)(a) If a person under 21 years of age is found by the
  884  court to have committed a noncriminal violation under this
  885  section and the person has failed to complete community service,
  886  pay the fine as required by paragraph (1)(a) or paragraph
  887  (2)(a), or attend a school-approved anti-tobacco and anti
  888  nicotine program, if locally available, the court may direct the
  889  Department of Highway Safety and Motor Vehicles to withhold
  890  issuance of or suspend the driver license or driving privilege
  891  of that person for a period of 30 consecutive days.
  892         (b) If a person under 21 years of age is found by the court
  893  to have committed a noncriminal violation under this section and
  894  that person has failed to pay the applicable fine as required by
  895  paragraph (1)(b) or paragraph (2)(b), the court may direct the
  896  Department of Highway Safety and Motor Vehicles to withhold
  897  issuance of or suspend the driver license or driving privilege
  898  of that person for a period of 45 consecutive days.
  899         (6) Eighty percent of all civil penalties received by a
  900  county court under this section shall be remitted by the clerk
  901  of the court to the Department of Revenue for transfer to the
  902  Department of Education to provide for teacher training and for
  903  research and evaluation to reduce and prevent the use of
  904  nicotine products by children. The remaining 20 percent of civil
  905  penalties received by a county court under this section shall
  906  remain with the clerk of the county court to cover
  907  administrative costs.
  908         Section 30. Section 569.43, Florida Statutes, is created to
  909  read:
  910         569.43 Posting of a sign stating that the sale of nicotine
  911  products or nicotine dispensing devices to persons under 21
  912  years of age is unlawful; enforcement; penalty.—
  913         (1) A dealer that sells nicotine products shall post a
  914  clear and conspicuous sign in each place of business at which
  915  such products are sold which substantially states the following:
  916  
  917         THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
  918         DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
  919         FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
  920  
  921         (2) The division shall make available to dealers of
  922  nicotine products signs that meet the requirements of subsection
  923  (1).
  924         (3) Any dealer that sells nicotine products shall provide
  925  at the checkout counter in a location clearly visible to the
  926  dealer or the dealer’s agent or employee instructional material
  927  in a calendar format or similar format to assist in determining
  928  whether a person is of legal age to purchase nicotine products.
  929  This point of sale material must contain substantially the
  930  following language:
  931  
  932                IF YOU WERE NOT BORN BEFORE THIS DATE              
  933                  (insert date and applicable year)                
  934   YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE 
  935                         DISPENSING DEVICES.                       
  936  
  937  Upon approval by the division, in lieu of a calendar a dealer
  938  may use card readers, scanners, or other electronic or automated
  939  systems that can verify whether a person is of legal age to
  940  purchase nicotine products. Failure to comply with the
  941  provisions contained in this subsection shall result in
  942  imposition of administrative penalties as provided in s. 569.35.
  943         (4) The division, through its agents and inspectors, shall
  944  enforce this section.
  945         (5) Any person who fails to comply with subsection (1)
  946  commits a misdemeanor of the second degree, punishable as
  947  provided in s. 775.082 or s. 775.083.
  948         Section 31. Section 569.44, Florida Statutes, is created to
  949  read:
  950         569.44 Annual report.—The division shall report annually
  951  with written findings to the Legislature and the Governor by
  952  December 31, on the progress of implementing the enforcement
  953  provisions of this part. This must include, but is not limited
  954  to:
  955         (1) The number and results of compliance visits.
  956         (2) The number of violations for failure of a retailer to
  957  hold a valid permit.
  958         (3) The number of violations for selling nicotine products
  959  to persons under age 21, and the results of administrative
  960  hearings on the above and related issues.
  961         (4) The number of persons under age 21 cited for violations
  962  of s. 569.42 and sanctions imposed as a result of citation.
  963         Section 32. Section 569.45, Florida Statutes, is created to
  964  read:
  965         569.45 Mail order, Internet, and remote sales of nicotine
  966  products; age verification.—
  967         (1) For purposes of this section, the term:
  968         (a) “Consumer” means a person in the state who comes into
  969  possession of any nicotine product who, at the time of
  970  possession, is not intending to sell or distribute the nicotine
  971  product, or is not a retailer.
  972         (b) “Delivery sale” means any sale of nicotine products to
  973  a consumer in the state for which:
  974         1. The consumer submits the order for the sale by
  975  telephonic or other voice transmission, mail, delivery service,
  976  or the Internet or other online service; or
  977         2. The nicotine products are delivered by use of mail or a
  978  delivery service.
  979         (c) “Delivery service” means any person engaged in the
  980  commercial delivery of letters, packages, or other containers.
  981         (d) “Legal minimum purchase age” means the minimum age at
  982  which an individual may legally purchase nicotine products in
  983  the state.
  984         (e) “Retailer” means any person who is required to obtain a
  985  retail nicotine products dealer permit or a retail tobacco
  986  products dealer permit, as defined in s. 569.002.
  987         (f) “Shipping container” means a container in which
  988  nicotine products are shipped in connection with a delivery
  989  sale.
  990         (g) “Shipping document” means a bill of lading, airbill,
  991  United States Postal Service form, or any other document used to
  992  verify the undertaking by a delivery service to deliver letters,
  993  packages, or other containers.
  994         (2)(a) A sale of nicotine products constituting a delivery
  995  sale under paragraph (1)(c) is a delivery sale regardless of
  996  whether the person accepting the order for the delivery sale is
  997  located inside or outside the state.
  998         (b) A retailer must obtain a retail nicotine products
  999  dealer permit or a retail tobacco products dealer permit, as
 1000  defined in s. 569.002, from the division under the requirements
 1001  of this chapter before accepting an order for a delivery sale.
 1002         (c) A person may not make a delivery sale of nicotine
 1003  products to any individual who is not 21 years of age or older.
 1004         (d) Each person accepting an order for a delivery sale must
 1005  comply with each of the following:
 1006         1. The age verification requirements set forth in
 1007  subsection (3).
 1008         2. The disclosure requirements set forth in subsection (4).
 1009         3. The shipping requirements set forth in subsection (5).
 1010         (3) A person may not mail, ship, or otherwise deliver
 1011  nicotine products in connection with an order for a delivery
 1012  sale unless, before the first delivery to the consumer, the
 1013  person accepting the order for the delivery sale:
 1014         (a) Obtains from the person submitting the order a
 1015  certification that includes:
 1016         1. Reliable confirmation that the person is 21 years of age
 1017  or older; and
 1018         2. A statement signed by the person in writing and under
 1019  penalty of perjury which:
 1020         a. Certifies the address and date of birth of the person;
 1021  and
 1022         b. Confirms that the person wants to receive delivery sales
 1023  from a nicotine products company and understands that, under the
 1024  laws of the state, the following actions are illegal:
 1025         (I) Signing another person’s name to the certification;
 1026         (II) Selling nicotine products to individuals who are not
 1027  21 years of age or older; and
 1028         (III) Purchasing nicotine products, if the person making
 1029  the purchase is not 21 years of age or older.
 1030         (b) Makes a good faith effort to verify the information
 1031  contained in the certification provided by the individual under
 1032  paragraph (a) against a commercially available database that may
 1033  be reasonably relied upon for accurate age information or
 1034  obtains a photocopy or other image of a valid government-issued
 1035  identification card stating the date of birth or age of the
 1036  individual.
 1037         (c) Provides to the individual, via electronic mail or
 1038  other means, a notice meeting the requirements of subsection
 1039  (4).
 1040         (d) If an order for nicotine products is made pursuant to
 1041  an advertisement on the Internet, receives payment for the
 1042  delivery sale from the consumer by a credit or debit card issued
 1043  in the name of the consumer, or by personal or company check of
 1044  the consumer.
 1045         (e) The person accepting the order for delivery sale shall
 1046  submit, to each credit card acquiring company with which the
 1047  person has credit card sales, identification information in an
 1048  appropriate form and format so that the words “nicotine product”
 1049  may be printed in the purchaser’s credit card statement when a
 1050  purchase of a nicotine product is made by credit card payment.
 1051         (f) Makes a telephone call after 5 p.m. to the purchaser
 1052  confirming the order before shipping the nicotine products. The
 1053  telephone call may be a person-to-person call or a recorded
 1054  message. The person accepting the order for delivery sale is not
 1055  required to speak directly with a person and may leave a message
 1056  on an answering machine or through voice mail.
 1057  
 1058  In addition to the requirements of this subsection, a person
 1059  accepting an order for a delivery sale may request that a
 1060  consumer provide an electronic mail address.
 1061         (4) The notice described in paragraph (3)(c) must include
 1062  prominent and clearly legible statements that sales of nicotine
 1063  products are:
 1064         (a) Illegal if made to individuals who are not 21 years of
 1065  age or older.
 1066         (b) Restricted to those individuals who provide verifiable
 1067  proof of age in accordance with subsection (3).
 1068         (5) Each person who mails, ships, or otherwise delivers
 1069  nicotine products in connection with an order for a delivery
 1070  sale must:
 1071         (a) Include as part of the shipping documents, in a clear
 1072  and conspicuous manner, the following statement: “Nicotine
 1073  Products: Florida law prohibits shipping to individuals under 21
 1074  years of age.”
 1075         (b) Use a method of mailing, shipping, or delivery which
 1076  obligates the delivery service to require:
 1077         1. The individual submitting the order for the delivery
 1078  sale or another person 21 years of age or older who resides at
 1079  the individual’s address to sign his or her name to accept
 1080  delivery of the shipping container. Proof of the legal minimum
 1081  purchase age of the individual accepting delivery is required
 1082  only if the individual appears to be under 30 years of age.
 1083         2. Proof that the individual is either the addressee or the
 1084  individual who is 21 years of age or older designated by the
 1085  addressee, in the form of a valid, government-issued
 1086  identification card bearing a photograph of the individual who
 1087  signs to accept delivery of the shipping container.
 1088  
 1089  If the person accepting a purchase order for a delivery sale
 1090  delivers the nicotine products without using a delivery service,
 1091  the person must comply with all of the requirements of this
 1092  section which apply to a delivery service. Any failure to comply
 1093  with a requirement of this section constitutes a violation
 1094  thereof.
 1095         (6) This section does not apply to delivery sales of
 1096  nicotine products to a retail nicotine products dealer or a
 1097  retail tobacco products dealer, as defined in s. 569.002.
 1098         (7) An individual 21 years of age or older who knowingly
 1099  violates any provision of this section commits a misdemeanor of
 1100  the second degree, punishable as provided in s. 775.082 or s.
 1101  775.083.
 1102         (8) The Attorney General, the Attorney General’s designee,
 1103  or a state attorney may bring an action in the appropriate court
 1104  in the state to prevent or restrain violations of this section
 1105  by any person.
 1106         Section 33. Section 877.112, Florida Statutes, is repealed.
 1107         Section 34. This act shall take effect October 1, 2021.
 1108  
 1109  ================= T I T L E  A M E N D M E N T ================
 1110  And the title is amended as follows:
 1111         Delete everything before the enacting clause
 1112  and insert:
 1113                        A bill to be entitled                      
 1114         An act relating to tobacco and nicotine products;
 1115         amending s. 210.095, F.S.; deleting the definition of
 1116         the term “adult”; revising age limitations relating to
 1117         mail order, Internet, and remote sales of tobacco
 1118         products; amending s. 210.15, F.S.; requiring permits
 1119         to be issued to persons or corporations whose officers
 1120         are not under 21 years of age; amending s. 386.212,
 1121         F.S.; providing that it is unlawful for persons under
 1122         21 years of age to smoke tobacco or vape in, on, or
 1123         within 1,000 feet of the real property comprising a
 1124         public or private elementary, middle, or secondary
 1125         school during specified hours; renaming ch. 569, F.S.;
 1126         providing directives to the Division of Law Revision;
 1127         amending s. 569.002, F.S.; defining the terms
 1128         “nicotine product” and “nicotine dispensing device”;
 1129         conforming provisions to changes made by the act;
 1130         amending ss. 569.003, 569.004, and 569.006, F.S.;
 1131         conforming provisions to changes made by the act;
 1132         amending s. 569.007, F.S.; revising age limitations
 1133         relating to the sale and delivery of tobacco products;
 1134         revising applicability; amending s. 569.0075, F.S.;
 1135         revising age limitations relating to gifting sample
 1136         tobacco products; amending s. 569.008, F.S.; revising
 1137         legislative intent; revising qualification
 1138         requirements for responsible retail tobacco products
 1139         dealers; conforming provisions to changes made by the
 1140         act; amending s. 569.009, F.S.; conforming a provision
 1141         to changes made by the act; amending s. 569.101, F.S.;
 1142         revising age limitations relating to selling,
 1143         delivering, bartering, furnishing, or giving tobacco
 1144         products to certain persons; amending s. 569.11, F.S.;
 1145         revising age limitations relating to possessing and
 1146         obtaining tobacco products; amending s. 569.12, F.S.;
 1147         expanding the authority of tobacco product enforcement
 1148         officers to include nicotine products; amending s.
 1149         569.14, F.S.; revising requirements for signage
 1150         relating to tobacco products, nicotine products, and
 1151         nicotine dispensing devices; conforming provisions to
 1152         changes made by the act; amending s. 569.19, F.S.;
 1153         conforming provisions to changes made by the act;
 1154         creating s. 569.31, F.S.; defining terms; creating s.
 1155         569.32, F.S.; requiring retail nicotine product
 1156         dealers to acquire a permit; providing requirements
 1157         and authorizations for such permit; creating s.
 1158         569.33, F.S.; specifying that an applicant for a
 1159         retail nicotine products dealer permit consents to
 1160         certain inspections and searches upon accepting such
 1161         permit; creating s. 569.34, F.S.; prohibiting certain
 1162         persons, firms, associations, or corporations from
 1163         operating without a permit; providing civil penalties;
 1164         creating s. 569.35, F.S.; providing administrative
 1165         penalties for retail nicotine product dealers under
 1166         certain circumstances; requiring the Division of
 1167         Alcoholic Beverages and Tobacco to deposit funds
 1168         collected from administrative fines into the General
 1169         Revenue Fund; creating s. 569.37, F.S.; providing
 1170         restrictions on the sale or delivery of nicotine
 1171         products; creating s. 569.38, F.S.; prohibiting
 1172         certain persons from gifting sample nicotine products
 1173         to persons under a specified age; creating s. 569.381,
 1174         F.S.; providing legislative intent; providing
 1175         requirements for a dealer to qualify as a responsible
 1176         retail nicotine products dealer; authorizing the
 1177         division to mitigate certain penalties; requiring the
 1178         division to develop and make available a nicotine
 1179         products training program; requiring dealers to
 1180         exercise diligence in the management and supervision
 1181         of their premises and the supervision and training of
 1182         certain persons; creating s. 569.39, F.S.; requiring
 1183         the division to adopt rules; creating ss. 569.41 and
 1184         569.42, F.S.; providing civil and criminal penalties
 1185         relating to selling, delivering, bartering,
 1186         furnishing, or giving nicotine products to certain
 1187         persons and possessing and acquiring nicotine
 1188         products, respectively; creating s. 569.43, F.S.;
 1189         providing signage requirements relating to the sale of
 1190         nicotine products or nicotine dispensing devices;
 1191         providing criminal penalties; creating s. 569.44,
 1192         F.S.; requiring the division to provide an annual
 1193         report containing specified information to the
 1194         Governor and the Legislature; creating s. 569.45,
 1195         F.S.; defining terms; providing requirements for mail
 1196         order, Internet, and remote sales of nicotine
 1197         products; providing applicability; providing criminal
 1198         penalties; repealing s. 877.112, F.S., relating to
 1199         nicotine products and nicotine dispensing devices;
 1200         providing an effective date.