Florida Senate - 2025 COMMITTEE AMENDMENT Bill No. SB 928 Ì326832)Î326832 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/12/2025 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 ofSubsections (1),and(2), and (3) do 63shallnot 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;