Florida Senate - 2021                             CS for SB 1080
       
       
        
       By the Committee on Regulated Industries; and Senator Hutson
       
       
       
       
       
       580-02578-21                                          20211080c1
    1                        A bill to be entitled                      
    2         An act relating to tobacco and nicotine products;
    3         amending s. 210.095, F.S.; deleting the definition of
    4         the term “adult”; revising age limitations relating to
    5         mail order, Internet, and remote sales of tobacco
    6         products; amending s. 210.15, F.S.; requiring permits
    7         to be issued to persons or corporations whose officers
    8         are not under 21 years of age; amending s. 386.212,
    9         F.S.; providing that it is unlawful for persons under
   10         21 years of age to smoke tobacco or vape in, on, or
   11         within 1,000 feet of the real property comprising a
   12         public or private elementary, middle, or secondary
   13         school during specified hours; renaming ch. 569, F.S.;
   14         providing directives to the Division of Law Revision;
   15         amending s. 569.002, F.S.; defining the terms
   16         “nicotine product” and “nicotine dispensing device”;
   17         conforming provisions to changes made by the act;
   18         amending ss. 569.003, 569.004, and 569.006, F.S.;
   19         conforming provisions to changes made by the act;
   20         amending s. 569.007, F.S.; revising age limitations
   21         relating to the sale and delivery of tobacco products;
   22         revising applicability; amending s. 569.0075, F.S.;
   23         revising age limitations relating to gifting sample
   24         tobacco products; amending s. 569.008, F.S.; revising
   25         legislative intent; revising qualification
   26         requirements for responsible retail tobacco products
   27         dealers; conforming provisions to changes made by the
   28         act; amending s. 569.009, F.S.; conforming a provision
   29         to changes made by the act; amending s. 569.101, F.S.;
   30         revising age limitations relating to selling,
   31         delivering, bartering, furnishing, or giving tobacco
   32         products to certain persons; amending s. 569.11, F.S.;
   33         revising age limitations relating to possessing and
   34         obtaining tobacco products; amending s. 569.12, F.S.;
   35         expanding the authority of tobacco product enforcement
   36         officers to include nicotine products; amending s.
   37         569.14, F.S.; revising requirements for signage
   38         relating to tobacco products, nicotine products, and
   39         nicotine dispensing devices; conforming provisions to
   40         changes made by the act; amending s. 569.19, F.S.;
   41         conforming provisions to changes made by the act;
   42         creating s. 569.31, F.S.; defining terms; creating s.
   43         569.32, F.S.; requiring retail nicotine product
   44         dealers to acquire a permit; providing requirements
   45         and authorizations for such permit; creating s.
   46         569.33, F.S.; specifying that an applicant for a
   47         retail nicotine products dealer permit consents to
   48         certain inspections and searches upon accepting such
   49         permit; creating s. 569.34, F.S.; prohibiting certain
   50         persons, firms, associations, or corporations from
   51         operating without a permit; providing civil penalties;
   52         creating s. 569.35, F.S.; providing administrative
   53         penalties for retail nicotine product dealers under
   54         certain circumstances; requiring the Division of
   55         Alcoholic Beverages and Tobacco to deposit funds
   56         collected from administrative fines into the General
   57         Revenue Fund; creating s. 569.37, F.S.; providing
   58         restrictions on the sale or delivery of nicotine
   59         products; creating s. 569.38, F.S.; prohibiting
   60         certain persons from gifting sample nicotine products
   61         to persons under a specified age; creating s. 569.381,
   62         F.S.; providing legislative intent; providing
   63         requirements for a dealer to qualify as a responsible
   64         retail nicotine products dealer; authorizing the
   65         division to mitigate certain penalties; requiring the
   66         division to develop and make available a nicotine
   67         products training program; requiring dealers to
   68         exercise diligence in the management and supervision
   69         of their premises and the supervision and training of
   70         certain persons; creating s. 569.39, F.S.; requiring
   71         the division to adopt rules; creating ss. 569.41 and
   72         569.42, F.S.; providing civil and criminal penalties
   73         relating to selling, delivering, bartering,
   74         furnishing, or giving nicotine products to certain
   75         persons and possessing and acquiring nicotine
   76         products, respectively; creating s. 569.43, F.S.;
   77         providing signage requirements relating to the sale of
   78         nicotine products or nicotine dispensing devices;
   79         providing criminal penalties; creating s. 569.44,
   80         F.S.; requiring the division to provide an annual
   81         report containing specified information to the
   82         Governor and the Legislature; creating s. 569.45,
   83         F.S.; defining terms; providing requirements for mail
   84         order, Internet, and remote sales of nicotine
   85         products; providing applicability; providing criminal
   86         penalties; repealing s. 877.112, F.S., relating to
   87         nicotine products and nicotine dispensing devices;
   88         providing an effective date.
   89          
   90  Be It Enacted by the Legislature of the State of Florida:
   91  
   92         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
   93  and (c) of subsection (2), paragraph (a) of subsection (3),
   94  paragraph (a) of subsection (4), paragraphs (a) and (b) of
   95  subsection (5), and paragraphs (a), (b), (e), and (g) of
   96  subsection (8) of section 210.095, Florida Statutes, are amended
   97  to read:
   98         210.095 Mail order, Internet, and remote sales of tobacco
   99  products; age verification.—
  100         (1) For purposes of this section, the term:
  101         (a) “Adult” means an individual who is at least of the
  102  legal minimum purchase age for tobacco products.
  103         (2)
  104         (a) A sale of tobacco products constituting a delivery sale
  105  pursuant to paragraph (1)(b) (1)(c) is a delivery sale
  106  regardless of whether the person accepting the order for the
  107  delivery sale is located inside or outside this state.
  108         (c) A person may not make a delivery sale of tobacco
  109  products to any individual who is not 21 years of age or older
  110  an adult.
  111         (3) A person may not mail, ship, or otherwise deliver
  112  tobacco products in connection with an order for a delivery sale
  113  unless, before the first delivery to the consumer, the person
  114  accepting the order for the delivery sale:
  115         (a) Obtains from the individual submitting the order a
  116  certification that includes:
  117         1. Reliable confirmation that the individual is 21 years of
  118  age or older an adult; and
  119         2. A statement signed by the individual in writing and
  120  under penalty of perjury which:
  121         a. Certifies the address and date of birth of the
  122  individual; and
  123         b. Confirms that the individual wants to receive delivery
  124  sales from a tobacco company and understands that, under the
  125  laws of this state, the following actions are illegal:
  126         (I) Signing another individual’s name to the certification;
  127         (II) Selling tobacco products to individuals under the
  128  legal minimum purchase age; and
  129         (III) Purchasing tobacco products, if the person making the
  130  purchase is under the legal minimum purchase age.
  131  
  132  In addition to the requirements of this subsection, a person
  133  accepting an order for a delivery sale may request that a
  134  consumer provide an electronic mail address.
  135         (4) The notice described in paragraph (3)(c) must include
  136  prominent and clearly legible statements that sales of tobacco
  137  products are:
  138         (a) Illegal if made to individuals who are not 21 years of
  139  age or older adults.
  140  
  141  The notice must include an explanation of how each tax has been,
  142  or is to be, paid with respect to the delivery sale.
  143         (5) Each person who mails, ships, or otherwise delivers
  144  tobacco products in connection with an order for a delivery sale
  145  must:
  146         (a) Include as part of the shipping documents, in a clear
  147  and conspicuous manner, the following statement: “Tobacco
  148  Products: Florida law prohibits shipping to individuals under 21
  149  18 years of age and requires the payment of all applicable
  150  taxes.”
  151         (b) Use a method of mailing, shipping, or delivery which
  152  obligates the delivery service to require:
  153         1. The individual submitting the order for the delivery
  154  sale or another individual who is 21 years of age or older adult
  155  who resides at the individual’s address to sign his or her name
  156  to accept delivery of the shipping container. Proof of the legal
  157  minimum purchase age of the individual accepting delivery is
  158  required only if the individual appears to be under 30 27 years
  159  of age.
  160         2. Proof that the individual is either the addressee or the
  161  individual who is 21 years of age or older adult designated by
  162  the addressee, in the form of a valid, government-issued
  163  identification card bearing a photograph of the individual who
  164  signs to accept delivery of the shipping container.
  165  
  166  If the person accepting a purchase order for a delivery sale
  167  delivers the tobacco products without using a delivery service,
  168  the person must comply with all of the requirements of this
  169  section which apply to a delivery service. Any failure to comply
  170  with a requirement of this section constitutes a violation
  171  thereof.
  172         (8)(a) Except as otherwise provided in this section, a
  173  violation of this section by a person other than an individual
  174  who is not 21 years of age or older an adult is a misdemeanor of
  175  the first degree, punishable as provided in s. 775.082 or s.
  176  775.083, and:
  177         1. For a first violation of this section, the person shall
  178  be fined $1,000 or five times the retail value of the tobacco
  179  products involved in the violation, whichever is greater.
  180         2. For a second or subsequent violation of this section,
  181  the person shall be fined $5,000 or five times the retail value
  182  of the tobacco products involved in the violation, whichever is
  183  greater.
  184         (b) A person who is 21 years of age or older an adult and
  185  knowingly submits a false certification under subsection (3)
  186  commits a misdemeanor of the first degree, punishable as
  187  provided in s. 775.082 or s. 775.083. For each offense, the
  188  person shall be fined $10,000 or five times the retail value of
  189  the tobacco products involved in the violation, whichever is
  190  greater.
  191         (e) A person who, in connection with a delivery sale,
  192  delivers tobacco products on behalf of a delivery service to an
  193  individual who is not 21 years of age or older an adult commits
  194  a misdemeanor of the second third degree, punishable as provided
  195  in s. 775.082 or s. 775.083.
  196         (g) An individual who is not 21 years of age or older an
  197  adult and who knowingly violates any provision of this section
  198  commits a misdemeanor of the second third degree, punishable as
  199  provided in s. 775.082 or s. 775.083.
  200         Section 2. Paragraph (b) of subsection (1) of section
  201  210.15, Florida Statutes, is amended to read:
  202         210.15 Permits.—
  203         (1)
  204         (b) Permits shall be issued only to persons of good moral
  205  character who are not less than 21 18 years of age. Permits to
  206  corporations shall be issued only to corporations whose officers
  207  are of good moral character and not less than 21 18 years of
  208  age. There shall be no exemptions from the permit fees herein
  209  provided to any persons, association of persons, or corporation,
  210  any law to the contrary notwithstanding.
  211         Section 3. Subsection (1) of section 386.212, Florida
  212  Statutes, is amended to read:
  213         386.212 Smoking and vaping prohibited near school property;
  214  penalty.—
  215         (1) It is unlawful for any person under 21 18 years of age
  216  to smoke tobacco or vape in, on, or within 1,000 feet of the
  217  real property comprising a public or private elementary, middle,
  218  or secondary school between the hours of 6 a.m. and midnight.
  219  This section does not apply to any person occupying a moving
  220  vehicle or within a private residence.
  221         Section 4. Chapter 569, Florida Statutes, entitled “Tobacco
  222  Products,” is renamed “Tobacco and Nicotine Products.”
  223         Section 5. The Division of Law Revision is directed to:
  224         (1)Create part I of chapter 569, Florida Statutes,
  225  consisting of ss. 569.002-569.23, Florida Statutes, to be
  226  entitled “Tobacco Products.”
  227         (2)Create part II of chapter 569, Florida Statutes,
  228  consisting of ss. 569.31-569.45, Florida Statutes, to be
  229  entitled “Nicotine Products.”
  230         Section 6. Section 569.002, Florida Statutes, is amended to
  231  read:
  232         569.002 Definitions.—As used in this part chapter, the
  233  term:
  234         (1) “Dealer” is synonymous with the term “retail tobacco
  235  products dealer.”
  236         (2) “Division” means the Division of Alcoholic Beverages
  237  and Tobacco of the Department of Business and Professional
  238  Regulation.
  239         (3) “Nicotine product” has the same meaning as provided in
  240  s. 569.31(4).
  241         (4)“Nicotine dispensing device” has the same meaning as
  242  provided in s. 569.31(3).
  243         (5) “Permit” is synonymous with the term “retail tobacco
  244  products dealer permit.”
  245         (6)(4) “Retail tobacco products dealer” means the holder of
  246  a retail tobacco products dealer permit.
  247         (7)(5) “Retail tobacco products dealer permit” means a
  248  permit issued by the division pursuant to s. 569.003.
  249         (8)(6) “Tobacco products” includes loose tobacco leaves,
  250  and products made from tobacco leaves, in whole or in part, and
  251  cigarette wrappers, which can be used for smoking, sniffing, or
  252  chewing.
  253         (9)(7) “Any person under the age of 21 18” does not include
  254  any person under the age of 21 18 who:
  255         (a) Has had his or her disability of nonage removed under
  256  chapter 743;
  257         (b) Is in the military reserve or on active duty in the
  258  Armed Forces of the United States;
  259         (c) Is otherwise emancipated by a court of competent
  260  jurisdiction and released from parental care and responsibility;
  261  or
  262         (b)(d) Is acting in his or her scope of lawful employment
  263  with an entity licensed under the provisions of chapter 210 or
  264  this part chapter.
  265         Section 7. Paragraph (c) of subsection (1) of section
  266  569.003, Florida Statutes, is amended to read:
  267         569.003 Retail tobacco products dealer permits;
  268  application; qualifications; fees; renewal; duplicates.—
  269         (1)
  270         (c) Permits shall be issued annually, upon payment of the
  271  annual permit fee prescribed by the division. The division shall
  272  fix the fee in an amount sufficient to meet the costs incurred
  273  by it in carrying out its permitting, enforcement, and
  274  administrative responsibilities under this part chapter, but the
  275  fee may not exceed $50. The proceeds of the fee shall be
  276  deposited into the Alcoholic Beverage and Tobacco Trust Fund.
  277         Section 8. Section 569.004, Florida Statutes, is amended to
  278  read:
  279         569.004 Consent to inspection and search without warrant.
  280  An applicant for a permit, by accepting the permit when issued,
  281  agrees that the place or premises covered by the permit is
  282  subject to inspection and search without a search warrant by the
  283  division or its authorized assistants, and by sheriffs, deputy
  284  sheriffs, or police officers, to determine compliance with this
  285  chapter, including part II of this chapter if the applicant
  286  deals, at retail, in nicotine products within the state or
  287  allows a nicotine products vending machine to be located on its
  288  premises within the state.
  289         Section 9. Section 569.006, Florida Statutes, is amended to
  290  read:
  291         569.006 Retail tobacco products dealers; administrative
  292  penalties.—The division may suspend or revoke the permit of the
  293  dealer upon sufficient cause appearing of the violation of any
  294  of the provisions of this chapter, including part II of this
  295  chapter if the dealer deals, at retail, in nicotine products
  296  within the state or allows a nicotine products vending machine
  297  to be located on its premises within the state, by a dealer or
  298  by a dealer’s agent or employee. The division may also assess
  299  and accept administrative fines of up to $1,000 against a dealer
  300  for each violation. The division shall deposit all fines
  301  collected into the General Revenue Fund as collected. An order
  302  imposing an administrative fine becomes effective 15 days after
  303  the date of the order. The division may suspend the imposition
  304  of a penalty against a dealer, conditioned upon the dealer’s
  305  compliance with terms the division considers appropriate.
  306         Section 10. Subsections (1) and (2) of section 569.007,
  307  Florida Statutes, are amended to read:
  308         569.007 Sale or delivery of tobacco products;
  309  restrictions.—
  310         (1) In order to prevent persons under 21 18 years of age
  311  from purchasing or receiving tobacco products, the sale or
  312  delivery of tobacco products is prohibited, except:
  313         (a) When under the direct control or line of sight of the
  314  dealer or the dealer’s agent or employee; or
  315         (b) Sales from a vending machine are prohibited under the
  316  provisions of paragraph (1)(a) and are only permissible from a
  317  machine that is equipped with an operational lockout device
  318  which is under the control of the dealer or the dealer’s agent
  319  or employee who directly regulates the sale of items through the
  320  machine by triggering the lockout device to allow the dispensing
  321  of one tobacco product. The lockout device must include a
  322  mechanism to prevent the machine from functioning if the power
  323  source for the lockout device fails or if the lockout device is
  324  disabled, and a mechanism to ensure that only one tobacco
  325  product is dispensed at a time.
  326         (2) The provisions of subsection (1) shall not apply to an
  327  establishment that prohibits persons under 21 18 years of age on
  328  the licensed premises.
  329         Section 11. Section 569.0075, Florida Statutes, is amended
  330  to read:
  331         569.0075 Gift of sample tobacco products prohibited.—The
  332  gift of sample tobacco products to any person under the age of
  333  21 18 by an entity licensed or permitted under the provisions of
  334  chapter 210 or this part chapter, or by an employee of such
  335  entity, is prohibited and is punishable as provided in s.
  336  569.101.
  337         Section 12. Subsection (1), paragraphs (b) and (c) of
  338  subsection (2), and subsection (3) of section 569.008, Florida
  339  Statutes, are amended to read:
  340         569.008 Responsible retail tobacco products dealers;
  341  qualifications; mitigation of disciplinary penalties; diligent
  342  management and supervision; presumption.—
  343         (1) The Legislature intends to prevent the sale of tobacco
  344  products to persons under 21 18 years of age and to encourage
  345  retail tobacco products dealers to comply with responsible
  346  practices in accordance with this section.
  347         (2) To qualify as a responsible retail tobacco products
  348  dealer, the dealer must establish and implement procedures
  349  designed to ensure that the dealer’s employees comply with the
  350  provisions of this part chapter. The dealer must provide a
  351  training program for the dealer’s employees which addresses the
  352  use and sale of tobacco products and which includes at least the
  353  following topics:
  354         (b) Methods of recognizing and handling customers under 21
  355  18 years of age.
  356         (c) Procedures for proper examination of identification
  357  cards in order to verify that customers are not under 21 18
  358  years of age.
  359         (3) In determining penalties under s. 569.006, the division
  360  may mitigate penalties imposed against a dealer because of an
  361  employee’s illegal sale of a tobacco product to a person under
  362  21 18 years of age if the following conditions are met:
  363         (a) The dealer is qualified as a responsible dealer under
  364  this section.
  365         (b) The dealer provided the training program required under
  366  subsection (2) to that employee before the illegal sale
  367  occurred.
  368         (c) The dealer had no knowledge of that employee’s
  369  violation at the time of the violation and did not direct,
  370  approve, or participate in the violation.
  371         (d) If the sale was made through a vending machine, the
  372  machine was equipped with an operational lock-out device.
  373         Section 13. Section 569.009, Florida Statutes, is amended
  374  to read:
  375         569.009 Rulemaking authority.—The division shall adopt any
  376  rules necessary to administer and enforce the provisions of this
  377  part chapter.
  378         Section 14. Section 569.101, Florida Statutes, is amended
  379  to read:
  380         569.101 Selling, delivering, bartering, furnishing, or
  381  giving tobacco products to persons under 21 18 years of age;
  382  criminal penalties; defense.—
  383         (1) It is unlawful to sell, deliver, barter, furnish, or
  384  give, directly or indirectly, to any person who is under 21 18
  385  years of age, any tobacco product.
  386         (2) Any person who violates subsection (1) commits a
  387  misdemeanor of the second degree, punishable as provided in s.
  388  775.082 or s. 775.083. However, any person who violates
  389  subsection (1) for a second or subsequent time within 1 year of
  390  the first violation, commits a misdemeanor of the first degree,
  391  punishable as provided in s. 775.082 or s. 775.083.
  392         (3) A person charged with a violation of subsection (1) has
  393  a complete defense if, at the time the tobacco product was sold,
  394  delivered, bartered, furnished, or given:
  395         (a) The buyer or recipient falsely evidenced that she or he
  396  was 21 18 years of age or older;
  397         (b) The appearance of the buyer or recipient was such that
  398  a prudent person would believe the buyer or recipient to be 21
  399  18 years of age or older; and
  400         (c) Such person carefully checked a driver license or an
  401  identification card issued by this state or another state of the
  402  United States, a passport, or a United States armed services
  403  identification card presented by the buyer or recipient and
  404  acted in good faith and in reliance upon the representation and
  405  appearance of the buyer or recipient in the belief that the
  406  buyer or recipient was 21 18 years of age or older.
  407         Section 15. Section 569.11, Florida Statutes, is amended to
  408  read:
  409         569.11 Possession, misrepresenting age or military service
  410  to purchase, and purchase of tobacco products by persons under
  411  21 18 years of age prohibited; penalties; jurisdiction;
  412  disposition of fines.—
  413         (1) It is unlawful for any person under 21 18 years of age
  414  to knowingly possess any tobacco product. Any person under 21 18
  415  years of age who violates this subsection commits a noncriminal
  416  violation as provided in s. 775.08(3), punishable by:
  417         (a) For a first violation, 16 hours of community service
  418  or, instead of community service, a $25 fine. In addition, the
  419  person must attend a school-approved anti-tobacco program, if
  420  locally available; or
  421         (b) For a second or subsequent violation within 12 weeks
  422  after the first violation, a $25 fine.
  423  
  424  Any second or subsequent violation not within the 12-week period
  425  after the first violation is punishable as provided for a first
  426  violation.
  427         (2) It is unlawful for any person under 21 18 years of age
  428  to misrepresent his or her age or military service for the
  429  purpose of inducing a dealer or an agent or employee of the
  430  dealer to sell, give, barter, furnish, or deliver any tobacco
  431  product, or to purchase, or attempt to purchase, any tobacco
  432  product from a person or a vending machine. Any person under 21
  433  18 years of age who violates this subsection commits a
  434  noncriminal violation as provided in s. 775.08(3), punishable
  435  by:
  436         (a) For a first violation, 16 hours of community service
  437  or, instead of community service, a $25 fine and, in addition,
  438  the person must attend a school-approved anti-tobacco program,
  439  if available; or
  440         (b) For a second or subsequent violation within 12 weeks
  441  after the first violation, a $25 fine.
  442  
  443  Any second or subsequent violation not within the 12-week period
  444  after the first violation is punishable as provided for a first
  445  violation.
  446         (3) Any person under 21 18 years of age cited for
  447  committing a noncriminal violation under this section must sign
  448  and accept a civil citation indicating a promise to appear
  449  before the county court or comply with the requirement for
  450  paying the fine and must attend a school-approved anti-tobacco
  451  program, if locally available. If a fine is assessed for a
  452  violation of this section, the fine must be paid within 30 days
  453  after the date of the citation or, if a court appearance is
  454  mandatory, within 30 days after the date of the hearing.
  455         (4) A person charged with a noncriminal violation under
  456  this section must appear before the county court or comply with
  457  the requirement for paying the fine. The court, after a hearing,
  458  shall make a determination as to whether the noncriminal
  459  violation was committed. If the court finds the violation was
  460  committed, it shall impose an appropriate penalty as specified
  461  in subsection (1) or subsection (2). A person who participates
  462  in community service shall be considered an employee of the
  463  state for the purpose of chapter 440, for the duration of such
  464  service.
  465         (5)(a) If a person under 21 18 years of age is found by the
  466  court to have committed a noncriminal violation under this
  467  section and that person has failed to complete community
  468  service, pay the fine as required by paragraph (1)(a) or
  469  paragraph (2)(a), or attend a school-approved anti-tobacco
  470  program, if locally available, the court may direct the
  471  Department of Highway Safety and Motor Vehicles to withhold
  472  issuance of or suspend the driver license or driving privilege
  473  of that person for a period of 30 consecutive days.
  474         (b) If a person under 21 18 years of age is found by the
  475  court to have committed a noncriminal violation under this
  476  section and that person has failed to pay the applicable fine as
  477  required by paragraph (1)(b) or paragraph (2)(b), the court may
  478  direct the Department of Highway Safety and Motor Vehicles to
  479  withhold issuance of or suspend the driver license or driving
  480  privilege of that person for a period of 45 consecutive days.
  481         (6) Eighty percent of all civil penalties received by a
  482  county court pursuant to this section shall be remitted by the
  483  clerk of the court to the Department of Revenue for transfer to
  484  the Department of Education to provide for teacher training and
  485  for research and evaluation to reduce and prevent the use of
  486  tobacco products by children. The remaining 20 percent of civil
  487  penalties received by a county court pursuant to this section
  488  shall remain with the clerk of the county court to cover
  489  administrative costs.
  490         Section 16. Section 569.12, Florida Statutes, is amended to
  491  read:
  492         569.12 Jurisdiction; tobacco product and nicotine product
  493  enforcement officers or agents; enforcement.—
  494         (1) In addition to the Division of Alcoholic Beverages and
  495  Tobacco of the Department of Business and Professional
  496  Regulation, any law enforcement officer certified under s.
  497  943.10(1), (6), or (8) shall enforce the provisions of this
  498  chapter.
  499         (2)(a) A county or municipality may designate certain of
  500  its employees or agents as tobacco product and nicotine product
  501  enforcement officers. The training and qualifications of the
  502  employees or agents for such designation shall be determined by
  503  the county or the municipality. Nothing in this section shall be
  504  construed to permit the carrying of firearms or other weapons by
  505  a tobacco product and nicotine product enforcement agent, nor
  506  does designation as a tobacco product and nicotine product
  507  enforcement officer provide the employee or agent with the power
  508  of arrest or subject the employee or agent to the provisions of
  509  ss. 943.085-943.255. Nothing in this section amends, alters, or
  510  contravenes the provisions of any state-administered retirement
  511  system or any state-supported retirement system established by
  512  general law.
  513         (b) A tobacco and nicotine product enforcement officer is
  514  authorized to issue a citation to a person under the age of 21
  515  18 when, based upon personal investigation, the officer has
  516  reasonable cause to believe that the person has committed a
  517  civil infraction in violation of s. 386.212, or s. 569.11, or s.
  518  569.42.
  519         (3) A correctional probation officer as defined in s.
  520  943.10(3) is authorized to issue a citation to a person under
  521  the age of 21 18 when, based upon personal investigation, the
  522  officer has reasonable cause to believe that the person has
  523  committed a civil infraction in violation of s. 569.11 or s.
  524  569.42.
  525         (4) A citation issued to any person violating the
  526  provisions of s. 569.11 or s. 569.42 shall be in a form
  527  prescribed by the Division of Alcoholic Beverages and Tobacco of
  528  the Department of Business and Professional Regulation and shall
  529  contain:
  530         (a) The date and time of issuance.
  531         (b) The name and address of the person to whom the citation
  532  is issued.
  533         (c) The date and time the civil infraction was committed.
  534         (d) The facts constituting reasonable cause.
  535         (e) The number of the Florida statute violated.
  536         (f) The name and authority of the citing officer.
  537         (g) The procedure for the person to follow in order to
  538  contest the citation, perform the required community service,
  539  attend the required anti-tobacco or anti-tobacco and anti
  540  nicotine program, or to pay the civil penalty.
  541         Section 17. Section 569.14, Florida Statutes, is amended to
  542  read:
  543         569.14 Posting of a sign stating that the sale of tobacco
  544  products or nicotine products to persons under 21 18 years of
  545  age is unlawful; enforcement; penalty.—
  546         (1) A dealer that sells tobacco products shall post a clear
  547  and conspicuous sign in each place of business where such
  548  products are sold which substantially states the following:
  549  
  550         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  551         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  552         REQUIRED FOR PURCHASE.
  553  
  554         (2) A dealer that sells tobacco products and nicotine
  555  products or nicotine dispensing devices, as defined in s.
  556  877.112, may use a sign that substantially states the following:
  557  
  558         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  559         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  560         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  561         REQUIRED FOR PURCHASE.
  562  
  563  A dealer that uses a sign as described in this subsection meets
  564  the signage requirements of subsection (1) and s. 569.43(1) s.
  565  877.112.
  566         (3) The division shall make available to dealers of tobacco
  567  products signs that meet the requirements of subsection (1) or
  568  subsection (2).
  569         (4) Any dealer that sells tobacco products shall provide at
  570  the checkout counter in a location clearly visible to the dealer
  571  or the dealer’s agent or employee instructional material in a
  572  calendar format or similar format to assist in determining
  573  whether a person is of legal age to purchase tobacco products.
  574  This point of sale material must contain substantially the
  575  following language:
  576  
  577                IF YOU WERE NOT BORN BEFORE THIS DATE              
  578                  (insert date and applicable year)                
  579         YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,       
  580                   OR NICOTINE DISPENSING DEVICES.                 
  581  
  582  Upon approval by the division, in lieu of a calendar a dealer
  583  may use card readers, scanners, or other electronic or automated
  584  systems that can verify whether a person is of legal age to
  585  purchase tobacco products. Failure to comply with the provisions
  586  contained in this subsection shall result in imposition of
  587  administrative penalties as provided in s. 569.006.
  588         (5) The division, through its agents and inspectors, shall
  589  enforce this section.
  590         (6) Any person who fails to comply with subsection (1) is
  591  guilty of a misdemeanor of the second degree, punishable as
  592  provided in s. 775.082 or s. 775.083.
  593         Section 18. Section 569.19, Florida Statutes, is amended to
  594  read:
  595         569.19 Annual report.—The division shall report annually
  596  with written findings to the Legislature and the Governor by
  597  December 31, on the progress of implementing the enforcement
  598  provisions of this part chapter. This must include, but is not
  599  limited to:
  600         (1) The number and results of compliance visits.
  601         (2) The number of violations for failure of a retailer to
  602  hold a valid license.
  603         (3) The number of violations for selling tobacco products
  604  to persons under age 21 18, and the results of administrative
  605  hearings on the above and related issues.
  606         (4) The number of persons under age 21 18 cited for
  607  violations of s. 569.11 and sanctions imposed as a result of
  608  citation.
  609         Section 19. Section 569.31, Florida Statutes, is created to
  610  read:
  611         569.31Definitions.—As used in this part, the term:
  612         (1)“Dealer” is synonymous with the term “retail nicotine
  613  products dealer.”
  614         (2)“Division” means the Division of Alcoholic Beverages
  615  and Tobacco of the Department of Business and Professional
  616  Regulation.
  617         (3)“Nicotine dispensing device” means any product that
  618  employs an electronic, chemical, or mechanical means to produce
  619  vapor or aerosol from a nicotine product, including, but not
  620  limited to, an electronic cigarette, electronic cigar,
  621  electronic cigarillo, electronic pipe, or other similar device
  622  or product, any replacement cartridge for such device, and any
  623  other container of nicotine in a solution or other form intended
  624  to be used with or within an electronic cigarette, electronic
  625  cigar, electronic cigarillo, electronic pipe, or other similar
  626  device or product.
  627         (4)“Nicotine product” means any product that contains
  628  nicotine, including liquid nicotine, which is intended for human
  629  consumption, whether inhaled, chewed, absorbed, dissolved, or
  630  ingested by any means. The term also includes any nicotine
  631  dispensing device. The term does not include a:
  632         (a)Tobacco product, as defined in s. 569.002;
  633         (b)Product regulated as a drug or device by the United
  634  States Food and Drug Administration under Chapter V of the
  635  Federal Food, Drug, and Cosmetic Act; or
  636         (c)Product that contains incidental nicotine.
  637         (5)“Permit” is synonymous with the term “retail nicotine
  638  products dealer permit.”
  639         (6)“Retail nicotine products dealer” means the holder of a
  640  retail nicotine products dealer permit.
  641         (7)“Retail nicotine products dealer permit” means a permit
  642  issued by the division under s. 569.32.
  643         (8)“Self-service merchandising” means the open display of
  644  nicotine products, whether packaged or otherwise, for direct
  645  retail customer access and handling before purchase without the
  646  intervention or assistance of the dealer or the dealer’s owner,
  647  employee, or agent. An open display of such products and devices
  648  includes the use of an open display unit.
  649         (9)“Any person under the age of 21” does not include any
  650  person under the age of 21 who:
  651         (a)Is in the military reserve or on active duty in the
  652  Armed Forces of the United States; or
  653         (b)Is acting in his or her scope of lawful employment.
  654         Section 20. Section 569.32, Florida Statutes, is created to
  655  read:
  656         569.32Retail nicotine products dealer permits;
  657  application; qualifications; renewal; duplicates.—
  658         (1)(a)Each person, firm, association, or corporation that
  659  seeks to deal, at retail, in nicotine products within the state,
  660  or to allow a nicotine products vending machine to be located on
  661  its premises in the state, must obtain a retail nicotine
  662  products dealer permit for each place of business or premises at
  663  which nicotine products are sold. Each dealer owning, leasing,
  664  furnishing, or operating vending machines through which nicotine
  665  products are sold must obtain a permit for each machine and
  666  shall post the permit in a conspicuous place on or near the
  667  machine; however, if the dealer has more than one vending
  668  machine at a single location or if nicotine products are sold
  669  both over the counter and through a vending machine at a single
  670  location, the dealer need obtain only one permit for that
  671  location.
  672         (b)Application for a permit must be made on a form
  673  furnished by the division and must set forth the name under
  674  which the applicant transacts or intends to transact business,
  675  the address of the location of the applicant’s place of business
  676  within the state, and any other information the division
  677  requires. If the applicant has or intends to have more than one
  678  place of business dealing in nicotine products within the state,
  679  a separate application must be made for each place of business.
  680  If the applicant is a firm or an association, the application
  681  must set forth the names and addresses of the persons
  682  constituting the firm or association; if the applicant is a
  683  corporation, the application must set forth the names and
  684  addresses of the principal officers of the corporation. The
  685  application must also set forth any other information prescribed
  686  by the division for the purpose of identifying the applicant
  687  firm, association, or corporation. The application must be
  688  signed and verified by oath or affirmation by the owner, if a
  689  sole proprietor, or, if the owner is a firm, association, or
  690  partnership, by the members or partners thereof, or, if the
  691  owner is a corporation, by an executive officer of the
  692  corporation or by a person authorized by the corporation to sign
  693  the application, together with the written evidence of this
  694  authority.
  695         (2)(a)Permits may be issued only to persons who are 21
  696  years of age or older or to corporations the officers of which
  697  are 21 years of age or older.
  698         (b)The division may refuse to issue a permit to any
  699  person, firm, association, or corporation the permit of which
  700  has been revoked, to any corporation an officer of which has had
  701  his or her permit revoked, or to any person who is or has been
  702  an officer of a corporation the permit of which has been
  703  revoked. Any permit issued to a firm, association, or
  704  corporation prohibited from obtaining a permit under this
  705  chapter shall be revoked by the division.
  706         (3)Upon approval of an application for a permit, the
  707  division shall issue to the applicant a permit for the place of
  708  business or premises specified in the application. A permit is
  709  not assignable and is valid only for the person in whose name
  710  the permit is issued and for the place designated in the permit.
  711  The permit shall be conspicuously displayed at all times at the
  712  place for which issued.
  713         Section 21. Section 569.33 Florida Statutes, is created to
  714  read:
  715         569.33Consent to inspection and search without warrant.—An
  716  applicant for a retail nicotine products dealer permit, by
  717  accepting the permit when issued, agrees that the place or
  718  premises covered by the permit is subject to inspection and
  719  search without a search warrant by the division or its
  720  authorized assistants, and by sheriffs, deputy sheriffs, or
  721  police officers, to determine compliance with this part.
  722         Section 22. Section 569.34, Florida Statutes, is created to
  723  read:
  724         569.34Operating without a retail nicotine products dealer
  725  permit; penalty.—
  726         (1)It is unlawful for a person, firm, association, or
  727  corporation to deal, at retail, in nicotine products, in any
  728  manner, or to allow a nicotine products vending machine to be
  729  located on its premises, without having a retail nicotine
  730  product dealer permit as required by s. 569.32. A person who
  731  violates this section commits a noncriminal violation,
  732  punishable by a fine of not more than $500.
  733         (2)A retail tobacco products dealer, as defined in s.
  734  569.002(4), is not required to have a separate or additional
  735  retail nicotine products dealer permit to deal, at retail, in
  736  nicotine products within the state, or allow a nicotine products
  737  vending machine to be located on its premises in the state. Any
  738  retail tobacco products dealer that deals, at retail, in
  739  nicotine products or allows a tobacco products vending machine
  740  to be located on its premises in the state, is subject to, and
  741  must be in compliance with, this part.
  742         (3)Any person who violates this section shall be cited for
  743  such infraction and shall be cited to appear before the county
  744  court. The citation may indicate the time, date, and location of
  745  the scheduled hearing and must indicate that the penalty for a
  746  noncriminal violation is a fine of not more than $500.
  747         (a)A person cited for an infraction under this section
  748  may:
  749         1.Post a $500 bond; or
  750         2.Sign and accept the citation indicating a promise to
  751  appear.
  752         (b)A person cited for violating this section may:
  753         1.Pay the fine, either by mail or in person, within 10
  754  days after receiving the citation; or
  755         2.If the person has posted bond, forfeit the bond by not
  756  appearing at the scheduled hearing.
  757         (c)If the person pays the fine or forfeits bond, the
  758  person is deemed to have admitted violating this section and to
  759  have waived the right to a hearing on the issue of commission of
  760  the violation. Such admission may not be used as evidence in any
  761  other proceeding.
  762         (d)The court, after a hearing, shall make a determination
  763  as to whether an infraction has been committed. If the
  764  commission of an infraction has been proven beyond a reasonable
  765  doubt, the court may impose a civil penalty in an amount that
  766  may not exceed $500.
  767         (e) If a person is found by the court to have committed the
  768  infraction, that person may appeal that finding to the circuit
  769  court.
  770         Section 23. Section 569.35, Florida Statutes, is created to
  771  read:
  772         569.35 Retail nicotine product dealers; administrative
  773  penalties.—The division may suspend or revoke the permit of a
  774  dealer, including the retail tobacco products dealer permit of a
  775  retail tobacco products dealer as defined in s. 569.002(4), upon
  776  sufficient cause appearing of the violation of any of the
  777  provisions of this part, by a dealer, or by a dealer’s agent or
  778  employee. The division may also assess and accept an
  779  administrative fine of up to $1,000 against a dealer for each
  780  violation. The division shall deposit all fines collected into
  781  the General Revenue Fund as collected. An order imposing an
  782  administrative fine becomes effective 15 days after the date of
  783  the order. The division may suspend the imposition of a penalty
  784  against a dealer, conditioned upon the dealer’s compliance with
  785  terms the division considers appropriate.
  786         Section 24. Section 569.37, Florida Statutes, is created to
  787  read:
  788         569.37 Sale or delivery of nicotine products;
  789  restrictions.—
  790         (1) In order to prevent persons under 21 years of age from
  791  purchasing or receiving nicotine products, the sale or delivery
  792  of nicotine products is prohibited, except:
  793         (a) When under the direct control or line of sight of the
  794  dealer or the dealer’s agent or employee; or
  795         (b) Sales from a vending machine are prohibited under
  796  paragraph (a) and are only permissible from a machine that is
  797  equipped with an operational lockout device that is under the
  798  control of the dealer or the dealer’s agent or employee who
  799  directly regulates the sale of items through the machine by
  800  triggering the lockout device to allow the dispensing of one
  801  nicotine product. The lockout device must include a mechanism to
  802  prevent the machine from functioning if the power source for the
  803  lockout device fails or if the lockout device is disabled, and a
  804  mechanism to ensure that only one nicotine product is dispensed
  805  at a time.
  806         (2)(a) A dealer that sells nicotine products may not sell,
  807  permit to be sold, offer for sale, or display for sale such
  808  products or devices by means of self-service merchandising.
  809         (b) A dealer that sells nicotine products may not place
  810  such products or devices in an open display unit unless the unit
  811  is located in an area that is inaccessible to customers.
  812         (3) The provisions of subsections (1) and (2) shall not
  813  apply to an establishment that prohibits persons under 21 years
  814  of age on the licensed premises.
  815         (4) A dealer or a dealer’s agent or employee may require
  816  proof of age of a purchaser of a nicotine product before selling
  817  the product to that person.
  818         Section 25. Section 569.38, Florida Statutes, is created to
  819  read:
  820         569.38 Gift of sample nicotine products and nicotine
  821  dispensing devices.—The gift of sample nicotine products to any
  822  person under the age of 21 by an entity permitted under this
  823  part, or by an employee of such entity, is prohibited and is
  824  punishable as provided in s. 569.41.
  825         Section 26. Section 569.381, Florida Statutes, is created
  826  to read:
  827         569.381 Responsible retail nicotine products dealers;
  828  qualifications; mitigation of disciplinary penalties; diligent
  829  management and supervision; presumption.—
  830         (1) It is the intent of the Legislature to prevent the sale
  831  of nicotine products to persons under 21 years of age and to
  832  encourage retail nicotine products dealers to comply with
  833  responsible practices in accordance with this section.
  834         (2) To qualify as a responsible retail nicotine products
  835  dealer, the dealer must establish and implement procedures
  836  designed to ensure that the dealer’s employees comply with this
  837  part. The dealer must provide a training program for the
  838  dealer’s employees which addresses the use and sale of nicotine
  839  products and which includes at least the following topics:
  840         (a) Laws covering the sale of nicotine products.
  841         (b) Methods of recognizing and handling customers under 21
  842  years of age.
  843         (c) Procedures for proper examination of identification
  844  cards in order to verify that customers are not under 21 years
  845  of age.
  846         (d) The use of the age audit identification function on
  847  electronic point-of-sale equipment, where available.
  848         (3) In determining penalties under s. 569.35, the division
  849  may mitigate penalties imposed against a dealer because of an
  850  employee’s illegal sale of a nicotine product to a person under
  851  21 years of age if the following conditions are met:
  852         (a) The dealer is qualified as a responsible dealer under
  853  this section.
  854         (b) The dealer provided the training program required under
  855  subsection (2) to that employee before the illegal sale
  856  occurred.
  857         (c) The dealer had no knowledge of that employee’s
  858  violation at the time of the violation and did not direct,
  859  approve, or participate in the violation.
  860         (d) If the sale was made through a vending machine, the
  861  machine was equipped with an operational lock-out device.
  862         (4) The division shall develop and make available a model
  863  nicotine products training program designed to ensure adherence
  864  to this part by dealers and their employees which, if followed,
  865  will qualify dealers as responsible dealers.
  866         (5) Dealers shall exercise diligence in the management and
  867  supervision of their premises and in the supervision and
  868  training of their employees, agents, or servants. In proceedings
  869  to impose penalties under s. 569.35, proof that employees,
  870  agents, or servants of the dealer, while in the scope of their
  871  employment, committed at least three violations of s. 569.41
  872  during a 180-day period shall be prima facie evidence of a lack
  873  of due diligence by the dealer in the management and supervision
  874  of his or her premises and in the supervision and training of
  875  employees, agents, officers, or servants.
  876         (6) The division may consider qualification as a
  877  responsible retail nicotine products dealer under this section
  878  as evidence that the dealer properly exercised the diligence
  879  required under this section.
  880         Section 27. Section 569.39, Florida Statutes, is created to
  881  read:
  882         569.39 Rulemaking authority.—The division shall adopt rules
  883  to administer and enforce this part.
  884         Section 28. Section 569.41, Florida Statutes, is created to
  885  read:
  886         569.41 Selling, delivering, bartering, furnishing, or
  887  giving nicotine products to persons under 21 years of age;
  888  criminal penalties; defense.—
  889         (1) It is unlawful to sell, deliver, barter, furnish, or
  890  give, directly or indirectly, to any person who is under 21
  891  years of age, any nicotine product.
  892         (2) Any person who violates subsection (1) commits a
  893  misdemeanor of the second degree, punishable as provided in s.
  894  775.082 or s. 775.083. However, any person who violates
  895  subsection (1) for a second or subsequent time within 1 year
  896  after the first violation commits a misdemeanor of the first
  897  degree, punishable as provided in s. 775.082 or s. 775.083.
  898         (3) A person charged with a violation of subsection (1) has
  899  a complete defense if, at the time the nicotine product was
  900  sold, delivered, bartered, furnished, or given:
  901         (a) The buyer or recipient falsely evidenced that she or he
  902  was 21 years of age or older;
  903         (b) The appearance of the buyer or recipient was such that
  904  a prudent person would believe the buyer or recipient to be 21
  905  years of age or older; and
  906         (c) Such person carefully checked a driver license or an
  907  identification card issued by the state or another state of the
  908  United States, a passport, or a United States armed services
  909  identification card presented by the buyer or recipient and
  910  acted in good faith and in reliance upon the representation and
  911  appearance of the buyer or recipient in the belief that the
  912  buyer or recipient was 21 years of age or older.
  913         Section 29. Section 569.42, Florida Statutes, is created to
  914  read:
  915         569.42 Possession, misrepresenting age or military service
  916  to purchase, and purchase of nicotine products by persons under
  917  21 years of age prohibited; penalties; jurisdiction; disposition
  918  of fines.—
  919         (1) It is unlawful for any person under 21 years of age to
  920  knowingly possess any nicotine product. Any person under 21
  921  years of age who violates this subsection commits a noncriminal
  922  violation as provided in s. 775.08(3), punishable by:
  923         (a) For a first violation, 16 hours of community service
  924  or, instead of community service, a $25 fine. In addition, the
  925  person must attend a school-approved anti-tobacco and anti
  926  nicotine program, if locally available; or
  927         (b) For a second or subsequent violation within 12 weeks
  928  after the first violation, a $25 fine.
  929  
  930  Any second or subsequent violation not within the 12-week period
  931  after the first violation is punishable as provided for a first
  932  violation.
  933         (2) It is unlawful for any person under 21 years of age to
  934  misrepresent his or her age or military service for the purpose
  935  of inducing a dealer or an agent or employee of the dealer to
  936  sell, give, barter, furnish, or deliver any nicotine product, or
  937  to purchase, or attempt to purchase, any nicotine product from a
  938  person or a vending machine. Any person under 21 years of age
  939  who violates this subsection commits a noncriminal violation as
  940  defined in s. 775.08(3), punishable by:
  941         (a) For a first violation, 16 hours of community service
  942  or, instead of community service, a $25 fine and, in addition,
  943  the person must attend a school-approved anti-tobacco and anti
  944  nicotine program, if available; or
  945         (b) For a second or subsequent violation within 12 weeks
  946  after the first violation, a $25 fine.
  947  
  948  Any second or subsequent violation not within the 12-week period
  949  after the first violation is punishable as provided for a first
  950  violation.
  951         (3) Any person under 21 years of age cited for committing a
  952  noncriminal violation under this section must sign and accept a
  953  civil citation indicating a promise to appear before the county
  954  court or comply with the requirement for paying the fine and
  955  must attend a school-approved anti-tobacco and anti-nicotine
  956  program, if locally available. If a fine is assessed for a
  957  violation of this section, the fine must be paid within 30 days
  958  after the date of the citation or, if a court appearance is
  959  mandatory, within 30 days after the date of the hearing.
  960         (4) A person charged with a noncriminal violation under
  961  this section must appear before the county court or comply with
  962  the requirement for paying the fine. The court, after a hearing,
  963  shall make a determination as to whether the noncriminal
  964  violation was committed. If the court finds the violation was
  965  committed, it shall impose an appropriate penalty as specified
  966  in subsection (1) or subsection (2). A person who participates
  967  in community service shall be considered an employee of the
  968  state for the purpose of chapter 440, for the duration of such
  969  service.
  970         (5)(a) If a person under 21 years of age is found by the
  971  court to have committed a noncriminal violation under this
  972  section and the person has failed to complete community service,
  973  pay the fine as required by paragraph (1)(a) or paragraph
  974  (2)(a), or attend a school-approved anti-tobacco and anti
  975  nicotine program, if locally available, the court may direct the
  976  Department of Highway Safety and Motor Vehicles to withhold
  977  issuance of or suspend the driver license or driving privilege
  978  of that person for a period of 30 consecutive days.
  979         (b) If a person under 21 years of age is found by the court
  980  to have committed a noncriminal violation under this section and
  981  that person has failed to pay the applicable fine as required by
  982  paragraph (1)(b) or paragraph (2)(b), the court may direct the
  983  Department of Highway Safety and Motor Vehicles to withhold
  984  issuance of or suspend the driver license or driving privilege
  985  of that person for a period of 45 consecutive days.
  986         (6) Eighty percent of all civil penalties received by a
  987  county court under this section shall be remitted by the clerk
  988  of the court to the Department of Revenue for transfer to the
  989  Department of Education to provide for teacher training and for
  990  research and evaluation to reduce and prevent the use of
  991  nicotine products by children. The remaining 20 percent of civil
  992  penalties received by a county court under this section shall
  993  remain with the clerk of the county court to cover
  994  administrative costs.
  995         Section 30. Section 569.43, Florida Statutes, is created to
  996  read:
  997         569.43 Posting of a sign stating that the sale of nicotine
  998  products or nicotine dispensing devices to persons under 21
  999  years of age is unlawful; enforcement; penalty.—
 1000         (1) A dealer that sells nicotine products shall post a
 1001  clear and conspicuous sign in each place of business at which
 1002  such products are sold which substantially states the following:
 1003  
 1004         THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
 1005         DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
 1006         FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
 1007  
 1008         (2) The division shall make available to dealers of
 1009  nicotine products signs that meet the requirements of subsection
 1010  (1).
 1011         (3) Any dealer that sells nicotine products shall provide
 1012  at the checkout counter in a location clearly visible to the
 1013  dealer or the dealer’s agent or employee instructional material
 1014  in a calendar format or similar format to assist in determining
 1015  whether a person is of legal age to purchase nicotine products.
 1016  This point of sale material must contain substantially the
 1017  following language:
 1018  
 1019                IF YOU WERE NOT BORN BEFORE THIS DATE              
 1020                  (insert date and applicable year)                
 1021   YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE 
 1022                         DISPENSING DEVICES.                       
 1023  
 1024  Upon approval by the division, in lieu of a calendar a dealer
 1025  may use card readers, scanners, or other electronic or automated
 1026  systems that can verify whether a person is of legal age to
 1027  purchase nicotine products. Failure to comply with the
 1028  provisions contained in this subsection shall result in
 1029  imposition of administrative penalties as provided in s. 569.35.
 1030         (4) The division, through its agents and inspectors, shall
 1031  enforce this section.
 1032         (5) Any person who fails to comply with subsection (1)
 1033  commits a misdemeanor of the second degree, punishable as
 1034  provided in s. 775.082 or s. 775.083.
 1035         Section 31. Section 569.44, Florida Statutes, is created to
 1036  read:
 1037         569.44 Annual report.—The division shall report annually
 1038  with written findings to the Legislature and the Governor by
 1039  December 31, on the progress of implementing the enforcement
 1040  provisions of this part. This must include, but is not limited
 1041  to:
 1042         (1) The number and results of compliance visits.
 1043         (2) The number of violations for failure of a retailer to
 1044  hold a valid permit.
 1045         (3) The number of violations for selling nicotine products
 1046  to persons under age 21, and the results of administrative
 1047  hearings on the above and related issues.
 1048         (4) The number of persons under age 21 cited for violations
 1049  of s. 569.42 and sanctions imposed as a result of citation.
 1050         Section 32. Section 569.45, Florida Statutes, is created to
 1051  read:
 1052         569.45 Mail order, Internet, and remote sales of nicotine
 1053  products; age verification.—
 1054         (1) For purposes of this section, the term:
 1055         (a) “Consumer” means a person in the state who comes into
 1056  possession of any nicotine product who, at the time of
 1057  possession, is not intending to sell or distribute the nicotine
 1058  product, or is not a retailer.
 1059         (b) “Delivery sale” means any sale of nicotine products to
 1060  a consumer in the state for which:
 1061         1. The consumer submits the order for the sale by
 1062  telephonic or other voice transmission, mail, delivery service,
 1063  or the Internet or other online service; or
 1064         2. The nicotine products are delivered by use of mail or a
 1065  delivery service.
 1066         (c) “Delivery service” means any person engaged in the
 1067  commercial delivery of letters, packages, or other containers.
 1068         (d) “Legal minimum purchase age” means the minimum age at
 1069  which an individual may legally purchase nicotine products in
 1070  the state.
 1071         (e) “Retailer” means any person who is required to obtain a
 1072  retail nicotine products dealer permit or a retail tobacco
 1073  products dealer permit, as defined in s. 569.002.
 1074         (f) “Shipping container” means a container in which
 1075  nicotine products are shipped in connection with a delivery
 1076  sale.
 1077         (g) “Shipping document” means a bill of lading, airbill,
 1078  United States Postal Service form, or any other document used to
 1079  verify the undertaking by a delivery service to deliver letters,
 1080  packages, or other containers.
 1081         (2)(a) A sale of nicotine products constituting a delivery
 1082  sale under paragraph (1)(c) is a delivery sale regardless of
 1083  whether the person accepting the order for the delivery sale is
 1084  located inside or outside the state.
 1085         (b) A retailer must obtain a retail nicotine products
 1086  dealer permit or a retail tobacco products dealer permit, as
 1087  defined in s. 569.002, from the division under the requirements
 1088  of this chapter before accepting an order for a delivery sale.
 1089         (c) A person may not make a delivery sale of nicotine
 1090  products to any individual who is not 21 years of age or older.
 1091         (d) Each person accepting an order for a delivery sale must
 1092  comply with each of the following:
 1093         1. The age verification requirements set forth in
 1094  subsection (3).
 1095         2. The disclosure requirements set forth in subsection (4).
 1096         3. The shipping requirements set forth in subsection (5).
 1097         (3) A person may not mail, ship, or otherwise deliver
 1098  nicotine products in connection with an order for a delivery
 1099  sale unless, before the first delivery to the consumer, the
 1100  person accepting the order for the delivery sale:
 1101         (a) Obtains from the person submitting the order a
 1102  certification that includes:
 1103         1. Reliable confirmation that the person is 21 years of age
 1104  or older; and
 1105         2. A statement signed by the person in writing and under
 1106  penalty of perjury which:
 1107         a. Certifies the address and date of birth of the person;
 1108  and
 1109         b. Confirms that the person wants to receive delivery sales
 1110  from a nicotine products company and understands that, under the
 1111  laws of the state, the following actions are illegal:
 1112         (I) Signing another person’s name to the certification;
 1113         (II) Selling nicotine products to individuals who are not
 1114  21 years of age or older; and
 1115         (III) Purchasing nicotine products, if the person making
 1116  the purchase is not 21 years of age or older.
 1117         (b) Makes a good faith effort to verify the information
 1118  contained in the certification provided by the individual under
 1119  paragraph (a) against a commercially available database that may
 1120  be reasonably relied upon for accurate age information or
 1121  obtains a photocopy or other image of a valid government-issued
 1122  identification card stating the date of birth or age of the
 1123  individual.
 1124         (c) Provides to the individual, via electronic mail or
 1125  other means, a notice meeting the requirements of subsection
 1126  (4).
 1127         (d) If an order for nicotine products is made pursuant to
 1128  an advertisement on the Internet, receives payment for the
 1129  delivery sale from the consumer by a credit or debit card issued
 1130  in the name of the consumer, or by personal or company check of
 1131  the consumer.
 1132         (e) The person accepting the order for delivery sale shall
 1133  submit, to each credit card acquiring company with which the
 1134  person has credit card sales, identification information in an
 1135  appropriate form and format so that the words “nicotine product”
 1136  may be printed in the purchaser’s credit card statement when a
 1137  purchase of a nicotine product is made by credit card payment.
 1138         (f) Makes a telephone call after 5 p.m. to the purchaser
 1139  confirming the order before shipping the nicotine products. The
 1140  telephone call may be a person-to-person call or a recorded
 1141  message. The person accepting the order for delivery sale is not
 1142  required to speak directly with a person and may leave a message
 1143  on an answering machine or through voice mail.
 1144  
 1145  In addition to the requirements of this subsection, a person
 1146  accepting an order for a delivery sale may request that a
 1147  consumer provide an electronic mail address.
 1148         (4) The notice described in paragraph (3)(c) must include
 1149  prominent and clearly legible statements that sales of nicotine
 1150  products are:
 1151         (a) Illegal if made to individuals who are not 21 years of
 1152  age or older.
 1153         (b) Restricted to those individuals who provide verifiable
 1154  proof of age in accordance with subsection (3).
 1155         (5) Each person who mails, ships, or otherwise delivers
 1156  nicotine products in connection with an order for a delivery
 1157  sale must:
 1158         (a) Include as part of the shipping documents, in a clear
 1159  and conspicuous manner, the following statement: “Nicotine
 1160  Products: Florida law prohibits shipping to individuals under 21
 1161  years of age.”
 1162         (b) Use a method of mailing, shipping, or delivery which
 1163  obligates the delivery service to require:
 1164         1. The individual submitting the order for the delivery
 1165  sale or another person 21 years of age or older who resides at
 1166  the individual’s address to sign his or her name to accept
 1167  delivery of the shipping container. Proof of the legal minimum
 1168  purchase age of the individual accepting delivery is required
 1169  only if the individual appears to be under 30 years of age.
 1170         2. Proof that the individual is either the addressee or the
 1171  individual who is 21 years of age or older designated by the
 1172  addressee, in the form of a valid, government-issued
 1173  identification card bearing a photograph of the individual who
 1174  signs to accept delivery of the shipping container.
 1175  
 1176  If the person accepting a purchase order for a delivery sale
 1177  delivers the nicotine products without using a delivery service,
 1178  the person must comply with all of the requirements of this
 1179  section which apply to a delivery service. Any failure to comply
 1180  with a requirement of this section constitutes a violation
 1181  thereof.
 1182         (6) This section does not apply to delivery sales of
 1183  nicotine products to a retail nicotine products dealer or a
 1184  retail tobacco products dealer, as defined in s. 569.002.
 1185         (7) An individual 21 years of age or older who knowingly
 1186  violates any provision of this section commits a misdemeanor of
 1187  the second degree, punishable as provided in s. 775.082 or s.
 1188  775.083.
 1189         (8) The Attorney General, the Attorney General’s designee,
 1190  or a state attorney may bring an action in the appropriate court
 1191  in the state to prevent or restrain violations of this section
 1192  by any person.
 1193         Section 33. Section 877.112, Florida Statutes, is repealed.
 1194         Section 34. This act shall take effect October 1, 2021.