Bill Text: FL S0694 | 2020 | Regular Session | Introduced
Bill Title: Nicotine and Tobacco Products
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Innovation, Industry, and Technology [S0694 Detail]
Download: Florida-2020-S0694-Introduced.html
Florida Senate - 2020 SB 694 By Senator Mayfield 17-00247D-20 2020694__ 1 A bill to be entitled 2 An act relating to nicotine and tobacco products; 3 amending s. 569.002, F.S.; defining the term 4 “electronic smoking device”; redefining the term 5 “tobacco products”; amending s. 569.007, F.S.; 6 revising exemptions to the prohibition of the sale or 7 delivery of tobacco products; deleting a provision 8 that allows the sale or delivery of tobacco products 9 from a vending machine equipped with a certain device; 10 requiring a dealer or the agent of a dealer to require 11 proof of age of a purchaser of a tobacco product; 12 creating s. 569.0071, F.S.; defining the term 13 “flavored e-liquid”; prohibiting a dealer from selling 14 flavored e-liquid; providing that certain statements 15 and claims are presumptive evidence that e-liquid is 16 flavored e-liquid; repealing s. 877.112, F.S., 17 relating to nicotine products and nicotine dispensing 18 devices; amending s. 569.14, F.S.; conforming 19 provisions to changes made by the act; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Present subsections (3) through (7) of section 25 569.002, Florida Statutes, are redesignated as subsections (4) 26 through (8), respectively, a new subsection (3) is added to that 27 section, and present subsection (6) of that section is amended, 28 to read: 29 569.002 Definitions.—As used in this chapter, the term: 30 (3) “Electronic smoking device” means any device that may 31 be used to deliver any aerosolized or vaporized substance to a 32 person inhaling from the device, including, but not limited to, 33 an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term 34 includes any component, part, or accessory of the device, and 35 also includes any substance that may be aerosolized or vaporized 36 by such device whether or not the substance contains nicotine. 37 38 The term does not include any drugs, devices, or combination 39 products authorized for sale by the United States Food and Drug 40 Administration, as those terms are defined in the Federal Food, 41 Drug, and Cosmetic Act. 42 (7)(6)“Tobacco products” means any products containing, 43 made from, or derived from tobacco or nicotine which are 44 intended for human consumption or are likely to be consumed, 45 whether inhaled, absorbed, or ingested by any other means, 46 including, but not limited to, a cigarette, pipe tobacco, hookah 47 and waterpipe tobacco, e-liquid, dissolvable tobacco, nicotine 48 gel, smokeless tobacco, roll-your-own tobacco, chewing tobacco, 49 snuff, or snus. 50 (a) The term includes any component or accessory used in 51 the consumption of a tobacco product whether or not the 52 component or accessory contains tobacco or nicotine, including, 53 but not limited to, electronic smoking devices, filters, rolling 54 papers, blunt or hemp wraps, hookahs, and pipes. 55 (b) The term does not include any drugs, devices, or 56 combination products authorized for sale by the United States 57 Food and Drug Administration, as those terms are defined in the 58 Federal Food, Drug, and Cosmetic Actincludes loose tobacco59leaves, and products made from tobacco leaves, in whole or in60part, and cigarette wrappers, which can be used for smoking,61sniffing, or chewing. 62 Section 2. Subsections (1), (2), and (4) of section 63 569.007, Florida Statutes, are amended to read: 64 569.007 Sale or delivery of tobacco products; 65 restrictions.— 66 (1) In order to prevent persons under 18 years of age from 67 purchasing or receiving tobacco products, the sale or delivery 68 of tobacco products is prohibited, except: 69 (a) When under the direct controlor line of sightof the 70 dealer or the dealer’s agent or employee; andor71 (b) In a direct, face-to-face exchange with the dealer or 72 the dealer’s agent or employeeSales from a vending machine are73prohibited under the provisions of paragraph (1)(a) and are only74permissible from a machine that is equipped with an operational75lockout device which is under the control of the dealer or the76dealer’s agent or employee who directly regulates the sale of77items through the machine by triggering the lockout device to78allow the dispensing of one tobacco product. The lockout device79must include a mechanism to prevent the machine from functioning80if the power source for the lockout device fails or if the81lockout device is disabled, and a mechanism to ensure that only82one tobacco product is dispensed at a time. 83 (2)The provisions ofSubsection (1) doesshallnot apply 84 to an establishment that prohibits persons under 18 years of age 85 on the licensed premises. 86 (5)(4)A dealer or a dealer’s agent or employee shallmay87 require proof of age of a purchaser of a tobacco product before 88 selling the product to that person. 89 Section 3. Section 569.0071, Florida Statutes, is created 90 to read: 91 569.0071 Sale of flavored e-liquid prohibited.— 92 (1) As used in this section, the term “flavored e-liquid” 93 means any e-liquid that contains a taste or smell, other than 94 the taste or smell of tobacco, which is distinguishable by an 95 ordinary consumer either prior to or during the consumption of 96 the e-liquid, including, but not limited to, any taste or smell 97 relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, 98 vanilla, honey, or any candy, dessert, alcoholic beverage, herb, 99 or spice. 100 (2) A dealer may not sell any flavored e-liquid. 101 (3) A public statement or claim concerning e-liquid is 102 presumptive evidence that the e-liquid is flavored e-liquid if 103 the statement or claim: 104 (a) Is made or disseminated by the manufacturer of the e 105 liquid or by any person authorized or allowed by the 106 manufacturer to make or disseminate public statements concerning 107 the manufacturer’s tobacco products; and 108 (b) States or claims that the e-liquid has or produces a 109 taste or smell other than tobacco. 110 Section 4. Section 877.112, Florida Statutes, is repealed. 111 Section 5. Subsections (2) and (3) of section 569.14, 112 Florida Statutes, are amended to read: 113 569.14 Posting of a sign stating that the sale of tobacco 114 products to persons under 18 years of age is unlawful; 115 enforcement; penalty.— 116(2) A dealer that sells tobacco products and nicotine117products or nicotine dispensing devices, as defined in s.118877.112, may use a sign that substantially states the following:119 120THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR121NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE122OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED123FOR PURCHASE.124 125A dealer that uses a sign as described in this subsection meets126the signage requirements of subsection (1) and s. 877.112.127 (2)(3)The division shall make available to dealers of 128 tobacco products signs that meet the requirements of subsection 129 (1)or subsection (2). 130 Section 6. This act shall take effect July 1, 2020.