Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 928
       
       
       
       
       
       
                                Ì326832)Î326832                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2025           .                                
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       The Committee on Regulated Industries (Calatayud) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 134 - 197
    4  and insert:
    5         (b)The division may impose the following penalties for
    6  each violation involving the unlawful advertising, promotion, or
    7  display for sale of nonapproved disposable devices as provided
    8  in s. 569.37(3):
    9         1.For a first violation, an administrative fine of at
   10  least $500, but not more than $1,000, and an order requiring
   11  that corrective action be taken within 15 days to preclude a
   12  recurrence;
   13         2.For a second violation within 12 weeks after the first
   14  violation, an administrative fine of $1,000 and up to a 30-day
   15  suspension of the dealer’s retail nicotine products dealer
   16  permit; or
   17         3.For a third or subsequent violation within 12 weeks
   18  after the first violation, an administrative fine of at least
   19  $2,500, but not more than $5,000, and at least a 30-day
   20  suspension or revocation of the dealer’s nicotine products
   21  dealer permit.
   22  
   23  Any second or subsequent violation beyond the 12-week period
   24  after the first violation is punishable as provided for a first
   25  violation. The division shall deposit all fines collected under
   26  this paragraph into the Professional Regulation Trust Fund.
   27         (c)In addition to any administrative penalties authorized
   28  under subparagraph (b)3., a dealer, or a dealer’s agent or
   29  employee, who commits a third or subsequent violation within 12
   30  weeks after the first violation commits a misdemeanor of the
   31  second degree, punishable as provided in s. 775.082 or s.
   32  775.083.
   33         (3) An order imposing an administrative fine becomes
   34  effective 15 days after the date of the order. The division may
   35  suspend the imposition of a penalty against a dealer,
   36  conditioned upon the dealer’s compliance with terms the division
   37  considers appropriate.
   38         (4)Administrative fines collected under paragraph (2)(b)
   39  shall be used by the division to do all of the following:
   40         (a) Increase enforcement personnel.
   41         (b) Fund compliance inspections and investigations.
   42         (c) Develop and implement public awareness campaigns to
   43  reduce nicotine use by persons under the age of 21.
   44         Section 5. Present subsections (3) and (4) of section
   45  569.37, Florida Statutes, are redesignated as subsections (4)
   46  and (5), respectively, a new subsection (3) and subsection (6)
   47  are added to that section, and present subsection (3) of that
   48  section is amended, to read:
   49         569.37 Sale or delivery of nicotine products;
   50  restrictions.—
   51         (3) A dealer who sells nonapproved disposable devices may
   52  not:
   53         (a) Advertise, promote, or display for sale such
   54  nonapproved disposable devices in any location that is visible
   55  to persons outside of the dealer’s licensed premises.
   56         (b)Advertise, promote, or display for sale such
   57  nonapproved disposable devices within the dealer’s licensed
   58  premises in a manner visible to any person under the age of 21,
   59  including, but not limited to, placement of the devices in an
   60  open display unit located in an area visible to any person under
   61  the age of 21.
   62         (4)The provisions of Subsections (1), and (2), and (3) do
   63  shall not apply to an establishment that prohibits persons under
   64  21 years of age on the licensed premises.
   65         (6)(a)A dealer that derives more than 20 percent of its
   66  gross monthly retail sales from the sale of nicotine products
   67  may not be located within 500 feet of the real property that
   68  comprises a public or private elementary school, middle school,
   69  or secondary school. The required distance must be measured on a
   70  straight line from the nearest property line of the retail shop
   71  to the nearest property line of the school.
   72         (b)Each dealer must submit to the division a survey
   73  certified under chapter 472, performed at least 30 days before
   74  the date of the submission of the application for a permit under
   75  s. 569.32, containing a legal description of the boundaries of
   76  the place or premises and any existing public or private
   77  elementary school, middle school, or secondary school located
   78  within 500 feet. The measurement scaled by the division governs
   79  any measurement disputes.
   80         (c)A dealer located within 500 feet of real property that
   81  comprises a public or private elementary school, middle school,
   82  or secondary school must maintain records verifying the gross
   83  monthly retail sales from the sale of nicotine products during
   84  the previous 6 months, as well as the percentage of such sales
   85  that represents the retail sales of nicotine dispensing devices.
   86  The division may request and have access to such records for the
   87  purpose of enforcement. Within 14 days after such request, the
   88  dealer must provide a summary sales report verifying its sales
   89  for the period of time requested. Failure of the dealer to
   90  provide a sales report when requested by the division, or
   91  failure of the dealer to adequately demonstrate that the
   92  business establishment has sold less than the required
   93  percentage of nicotine products and nicotine dispensing devices,
   94  is a violation of this section.
   95         (d)Within 90 days after the opening of a public or private
   96  elementary school, middle school, or secondary school located
   97  within 500 feet of an existing place of business or premises
   98  that sells nicotine products or nicotine dispensing devices, as
   99  determined under paragraph (a), the dealer must submit an
  100  application to the division for conditional use or legally
  101  recognized nonconforming use in accordance with the local
  102  government’s applicable land development regulations. Upon
  103  approval of the division for conditional use or a legally
  104  recognized nonconforming use, the dealer must relocate the
  105  business or premises within 180 days, or upon expiration of the
  106  dealer’s current lease agreement without any extension thereof,
  107  whichever occurs later, to a new location in compliance with
  108  this subsection.
  109         (e)Within 90 days after July 1, 2025, a dealer that has a
  110  place of business or premises located within 500 feet of a
  111  public or private elementary school, middle school, or secondary
  112  school, as determined under paragraph (a), must submit an
  113  application to the division for conditional use or legally
  114  recognized nonconforming use in accordance with the local
  115  government’s land development regulations. Upon approval of the
  116  division for conditional use or a legally recognized
  117  nonconforming use, the dealer must relocate the business or
  118  premises within 180 days, or upon expiration of the dealer’s
  119  current lease agreement without any extension thereof, whichever
  120  occurs later, to a new location in compliance with this
  121  subsection.
  122  
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 18 - 22
  126  and insert:
  127         the division for specified purposes; amending s.
  128         569.37, F.S.; prohibiting a dealer who sells
  129         nonapproved disposable devices from advertising,
  130         promoting, or displaying for sale such devices in
  131         certain locations; revising applicability; providing
  132         restrictions on locations for specified dealers of
  133         nicotine products; requiring dealers to submit
  134         specified information to the division; requiring
  135         certain dealers to maintain specified records;
  136         authorizing the division to request and have access to
  137         such records; providing that failure of provide such
  138         records is a violation of this section; requiring
  139         dealers to provide specified information within a
  140         certain time period following such a request;
  141         requiring dealers to submit an application to the
  142         division for conditional use or legally recognized
  143         nonconforming use in specified circumstances;
  144         requiring dealers to relocate following approval of
  145         such applications within a specified timeframe;