Bill Text: FL S0810 | 2020 | Regular Session | Enrolled


Bill Title: Use of Tobacco Products and Nicotine Products

Spectrum: Bipartisan Bill

Status: (Enrolled) 2020-03-12 - Ordered engrossed, then enrolled [S0810 Detail]

Download: Florida-2020-S0810-Enrolled.html
       ENROLLED
       2020 Legislature      CS for CS for CS for SB 810, 2nd Engrossed
       
       
       
       
       
       
                                                              2020810er
    1  
    2         An act relating to the use of tobacco products and
    3         nicotine products; amending s. 210.095, F.S.; deleting
    4         the definition of the term “adult”; amending s.
    5         210.15, F.S.; requiring permits to be issued to
    6         persons or corporations whose officers are not less
    7         than 21 years of age; amending s. 386.212, F.S.;
    8         providing that it is unlawful for persons under 21
    9         years of age to smoke tobacco in, on, or within 1,000
   10         feet of the real property comprising a public or
   11         private elementary, middle, or secondary school during
   12         specified hours; providing penalties; amending s.
   13         569.002, F.S.; revising and providing definitions;
   14         amending s. 569.003, F.S.; specifying that fees for a
   15         retail tobacco products dealer permit only apply to
   16         retailers dealing in certain tobacco products;
   17         prohibiting certain applicants from dealing, at
   18         retail, in certain tobacco products under certain
   19         circumstances; revising the age limits for retail
   20         tobacco products dealer permits; amending s. 569.007,
   21         F.S.; revising prohibitions on the sale of tobacco
   22         products from vending machines; providing requirements
   23         for the delivery of vapor-generating electronic
   24         devices and liquid nicotine products; conforming
   25         provisions to federal law; prohibiting a person from
   26         selling, delivering, bartering, furnishing, or giving
   27         flavored liquid nicotine products to any other person;
   28         defining the term “flavored liquid nicotine product”;
   29         providing applicability; amending s. 569.101, F.S.;
   30         requiring that the age of persons purchasing tobacco
   31         products be verified under certain circumstances;
   32         amending s. 569.11, F.S.; revising civil penalties;
   33         conforming provisions to federal law; repealing s.
   34         877.112, F.S., relating to nicotine products and
   35         nicotine dispensing devices; amending ss. 569.0075,
   36         569.008, 569.12, 569.14, and 569.19, F.S.; conforming
   37         provisions to federal law; conforming provisions to
   38         changes made by the act; providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Subsection (1), paragraphs (a) and (c) of
   43  subsection (2), paragraph (a) of subsection (3), paragraph (a)
   44  of subsection (4), paragraphs (a) and (b) of subsection (5), and
   45  paragraphs (a), (b), (e), and (g) of subsection (8) of section
   46  210.095, Florida Statutes, are amended to read:
   47         210.095 Mail order, Internet, and remote sales of tobacco
   48  products; age verification.—
   49         (1) For purposes of this section, the term:
   50         (a) “Adult” means an individual who is at least of the
   51  legal minimum purchase age for tobacco products.
   52         (a)(b) “Consumer” means a person in this state who comes
   53  into possession of any tobacco product subject to the tax
   54  imposed by this chapter and who, at the time of possession, is
   55  not a distributor intending to sell or distribute the tobacco
   56  product, a retailer, or a wholesaler.
   57         (b)(c) “Delivery sale” means any sale of tobacco products
   58  to a consumer in this state for which:
   59         1. The consumer submits the order for the sale by
   60  telephonic or other voice transmission, mail, delivery service,
   61  or the Internet or other online service; or
   62         2. The tobacco products are delivered by use of mail or a
   63  delivery service.
   64         (c)(d) “Delivery service” means any person engaged in the
   65  commercial delivery of letters, packages, or other containers.
   66         (d)(e) “Legal minimum purchase age” means the minimum age
   67  at which an individual may legally purchase tobacco products in
   68  this state.
   69         (e)(f) “Mail” or “mailing” means the shipment of tobacco
   70  products through the United States Postal Service.
   71         (f)(g) “Retailer” means any person who is not a licensed
   72  distributor but who is in possession of tobacco products subject
   73  to tax under this chapter for the purposes of selling the
   74  tobacco products to consumers.
   75         (g)(h) “Shipping container” means a container in which
   76  tobacco products are shipped in connection with a delivery sale.
   77         (h)(i) “Shipping document” means a bill of lading, airbill,
   78  United States Postal Service form, or any other document used to
   79  verify the undertaking by a delivery service to deliver letters,
   80  packages, or other containers.
   81         (i)(j) “Tobacco products” means all cigarettes, smoking
   82  tobacco, snuff, fine-cut chewing tobacco, cut and granulated
   83  tobacco, cavendish, and plug or twist tobacco.
   84         (2)
   85         (a) A sale of tobacco products constituting a delivery sale
   86  pursuant to paragraph (1)(b) (1)(c) is a delivery sale
   87  regardless of whether the person accepting the order for the
   88  delivery sale is located inside or outside this state.
   89         (c) A person may not make a delivery sale of tobacco
   90  products to any individual who is not 21 years of age or older
   91  an adult.
   92         (3) A person may not mail, ship, or otherwise deliver
   93  tobacco products in connection with an order for a delivery sale
   94  unless, before the first delivery to the consumer, the person
   95  accepting the order for the delivery sale:
   96         (a) Obtains from the individual submitting the order a
   97  certification that includes:
   98         1. Reliable confirmation that the individual is 21 years of
   99  age or older an adult; and
  100         2. A statement signed by the individual in writing and
  101  under penalty of perjury which:
  102         a. Certifies the address and date of birth of the
  103  individual; and
  104         b. Confirms that the individual wants to receive delivery
  105  sales from a tobacco company and understands that, under the
  106  laws of this state, the following actions are illegal:
  107         (I) Signing another individual’s name to the certification;
  108         (II) Selling tobacco products to individuals under the
  109  legal minimum purchase age; and
  110         (III) Purchasing tobacco products, if the person making the
  111  purchase is under the legal minimum purchase age.
  112  
  113  In addition to the requirements of this subsection, a person
  114  accepting an order for a delivery sale may request that a
  115  consumer provide an electronic mail address.
  116         (4) The notice described in paragraph (3)(c) must include
  117  prominent and clearly legible statements that sales of tobacco
  118  products are:
  119         (a) Illegal if made to individuals who are not 21 years of
  120  age or older adults.
  121  
  122  The notice must include an explanation of how each tax has been,
  123  or is to be, paid with respect to the delivery sale.
  124         (5) Each person who mails, ships, or otherwise delivers
  125  tobacco products in connection with an order for a delivery sale
  126  must:
  127         (a) Include as part of the shipping documents, in a clear
  128  and conspicuous manner, the following statement: “Tobacco
  129  Products: Florida law prohibits shipping to individuals under 21
  130  18 years of age and requires the payment of all applicable
  131  taxes.”
  132         (b) Use a method of mailing, shipping, or delivery which
  133  obligates the delivery service to require:
  134         1. The individual submitting the order for the delivery
  135  sale or another individual who is 21 years of age or older adult
  136  who resides at the individual’s address to sign his or her name
  137  to accept delivery of the shipping container. Proof of the legal
  138  minimum purchase age of the individual accepting delivery is
  139  required only if the individual appears to be under 30 27 years
  140  of age.
  141         2. Proof that the individual is either the addressee or the
  142  individual who is 21 years of age or older adult designated by
  143  the addressee, in the form of a valid, government-issued
  144  identification card bearing a photograph of the individual who
  145  signs to accept delivery of the shipping container.
  146  
  147  If the person accepting a purchase order for a delivery sale
  148  delivers the tobacco products without using a delivery service,
  149  the person must comply with all of the requirements of this
  150  section which apply to a delivery service. Any failure to comply
  151  with a requirement of this section constitutes a violation
  152  thereof.
  153         (8)(a) Except as otherwise provided in this section, a
  154  violation of this section by a person other than an individual
  155  who is not 21 years of age or older an adult is a misdemeanor of
  156  the first degree, punishable as provided in s. 775.082 or s.
  157  775.083, and:
  158         1. For a first violation of this section, the person shall
  159  be fined $1,000 or five times the retail value of the tobacco
  160  products involved in the violation, whichever is greater.
  161         2. For a second or subsequent violation of this section,
  162  the person shall be fined $5,000 or five times the retail value
  163  of the tobacco products involved in the violation, whichever is
  164  greater.
  165         (b) A person who is 21 years of age or older an adult and
  166  knowingly submits a false certification under subsection (3)
  167  commits a misdemeanor of the first degree, punishable as
  168  provided in s. 775.082 or s. 775.083. For each offense, the
  169  person shall be fined $10,000 or five times the retail value of
  170  the tobacco products involved in the violation, whichever is
  171  greater.
  172         (e) A person who, in connection with a delivery sale,
  173  delivers tobacco products on behalf of a delivery service to an
  174  individual who is not 21 years of age or older an adult commits
  175  a misdemeanor of the third degree, punishable as provided in s.
  176  775.082 or s. 775.083.
  177         (g) An individual who is not 21 years of age or older an
  178  adult and who knowingly violates any provision of this section
  179  commits a misdemeanor of the third degree, punishable as
  180  provided in s. 775.082 or s. 775.083.
  181         Section 2. Paragraph (b) of subsection (1) of section
  182  210.15, Florida Statutes, is amended to read:
  183         210.15 Permits.—
  184         (1)
  185         (b) Permits shall be issued only to persons of good moral
  186  character, who are not less than 21 18 years of age. Permits to
  187  corporations shall be issued only to corporations whose officers
  188  are of good moral character and not less than 21 18 years of
  189  age. There shall be no exemptions from the permit fees herein
  190  provided to any persons, association of persons, or corporation,
  191  any law to the contrary notwithstanding.
  192         Section 3. Subsections (1) and (3) of section 386.212,
  193  Florida Statutes, are amended to read:
  194         386.212 Smoking and vaping prohibited near school property;
  195  penalty.—
  196         (1) It is unlawful for any person under 21 18 years of age
  197  to smoke tobacco or vape in, on, or within 1,000 feet of the
  198  real property comprising a public or private elementary, middle,
  199  or secondary school between the hours of 6 a.m. and midnight.
  200  This section does not apply to any person occupying a moving
  201  vehicle or within a private residence.
  202         (3) Any person issued a citation pursuant to this section
  203  shall be deemed to be charged with a civil infraction punishable
  204  by a maximum civil penalty not to exceed $25, or 50 hours of
  205  community service and, for persons under 18 years of age or,
  206  where available, successful completion of a school-approved
  207  anti-tobacco or anti-vaping “alternative to suspension” program.
  208         Section 4. Subsections (3) through (6) of section 569.002,
  209  Florida Statutes, are renumbered as subsections (4) through (7),
  210  respectively, present subsections (6) and (7) are amended, a new
  211  subsection (3) is added to that section, to read:
  212         569.002 Definitions.—As used in this chapter, the term:
  213         (3) “Liquid nicotine product” means a tobacco product in
  214  liquid form composed of nicotine and other chemicals or
  215  substances which is sold or offered for sale for use with a
  216  vapor-generating electronic device.
  217         (7)(6) “Tobacco products” includes:
  218         (a) Loose tobacco leaves, and products made from tobacco
  219  leaves, in whole or in part, and cigarette wrappers, which can
  220  be used for smoking, sniffing, or chewing; and
  221         (b) Any nicotine product or vapor-generating electronic
  222  device.
  223         1. For the purposes of this paragraph, the term:
  224         a. “Vapor-generating electronic device” means any product
  225  that employs an electronic, chemical, or mechanical means
  226  capable of producing vapor or aerosol from a nicotine product or
  227  any other substance, including, but not limited to, an
  228  electronic cigarette, electronic cigar, electronic cigarillo,
  229  electronic pipe, or other similar device or product; any
  230  replacement cartridge for such device; and any other container
  231  of nicotine in a solution or other substance form intended to be
  232  used with or within an electronic cigarette, an electronic
  233  cigar, an electronic cigarillo, an electronic pipe, a vape pen,
  234  an electronic hookah, or other similar device or product. The
  235  term includes any component, part, or accessory of the device
  236  and also includes any substance intended to be aerosolized or
  237  vaporized during the use of the device, whether or not the
  238  substance contains nicotine.
  239         b. “Nicotine product” means any product that contains
  240  nicotine, including liquid nicotine, which is intended for human
  241  consumption, whether inhaled, chewed, absorbed, dissolved, or
  242  ingested by any means. The term includes vapor-generating
  243  electronic devices.
  244         2. The terms “vapor-generating electronic device” and
  245  “nicotine product” do not include:
  246         a. Tobacco products described in paragraph (a);
  247         b. Products regulated as a drug or device by the United
  248  States Food and Drug Administration under Chapter V of the
  249  Federal Food, Drug, and Cosmetic Act; or
  250         c. Foods that contain incidental amounts of nicotine
  251  including, but not limited to, tomatoes, potatoes, eggplants,
  252  and cauliflower.
  253         (8)(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         (d) Is acting in his or her scope of lawful employment with
  263  an entity licensed under the provisions of chapter 210 or this
  264  chapter.
  265         Section 5. Paragraphs (b) and (c) of subsection (1) and
  266  paragraph (a) of subsection (2) of section 569.003, Florida
  267  Statutes, are amended to read:
  268         569.003 Retail tobacco products dealer permits;
  269  application; qualifications; fees; renewal; duplicates.—
  270         (1)
  271         (b) Application for a permit must be made on a form
  272  furnished by the division and must set forth the name under
  273  which the applicant transacts or intends to transact business,
  274  the address of the location of the applicant’s place of business
  275  within the state, and any other information the division
  276  requires. If the applicant has or intends to have more than one
  277  place of business dealing in tobacco products within this state,
  278  a separate application must be made for each place of business.
  279  If the applicant is a firm or an association, the application
  280  must set forth the names and addresses of the persons
  281  constituting the firm or association; if the applicant is a
  282  corporation, the application must set forth the names and
  283  addresses of the principal officers of the corporation. The
  284  application must also set forth any other information prescribed
  285  by the division for the purpose of identifying the applicant
  286  firm, association, or corporation. The application must be
  287  signed and verified by oath or affirmation by the owner, if a
  288  sole proprietor, or, if the owner is a firm, association, or
  289  partnership, by the members or partners thereof, or, if the
  290  owner is a corporation, by an executive officer of the
  291  corporation or by any person authorized by the corporation to
  292  sign the application, together with the written evidence of this
  293  authority. The application must be accompanied by the annual
  294  permit fee prescribed by the division. However, if an applicant
  295  indicates on the application that the applicant is only going to
  296  deal, at retail, in liquid nicotine products, nicotine products,
  297  or vapor-generating electronic devices, or a combination
  298  thereof, the division may not assess the annual permit fee and
  299  shall issue the applicant a limited retail tobacco products
  300  dealer permit upon the division’s approval of the application.
  301  Such applicant may not deal, at retail, in tobacco products
  302  described in s. 569.002(7)(a) in this state. Any applicant that
  303  pays the annual permit fee for a retail tobacco products dealer
  304  permit may deal, at retail, in all tobacco products.
  305         (c) Permits shall be issued annually, upon payment of the
  306  annual permit fee prescribed by the division. The division shall
  307  fix the fee in an amount sufficient to meet the costs incurred
  308  by it in carrying out its permitting, enforcement, and
  309  administrative responsibilities under this chapter, but the fee
  310  may not exceed $50. The proceeds of the fee shall be deposited
  311  into the Alcoholic Beverage and Tobacco Trust Fund. However, the
  312  division may not fix or assess a fee for a limited retail
  313  tobacco products dealer permit.
  314         (2)(a) Permits may be issued only to persons who are 21 18
  315  years of age or older or to corporations the officers of which
  316  are 21 18 years of age or older.
  317         Section 6. Subsections (3), (4), and (5) of section
  318  569.007, Florida Statutes, are renumbered as subsections (2),
  319  (3), and (4), respectively, subsections (1) and (2) are amended,
  320  and a new subsection (5) is added to that section, to read:
  321         569.007 Sale or delivery of tobacco products;
  322  restrictions.—
  323         (1)(a) In order to prevent persons under 21 18 years of age
  324  from purchasing or receiving tobacco products, the sale or
  325  delivery of tobacco products is prohibited, except:
  326         1.(a) When under the direct control or line of sight of the
  327  dealer or the dealer’s agent or employee; or
  328         2.(b) Sales from a vending machine are prohibited under
  329  subparagraph 1. the provisions of paragraph (1)(a) and are only
  330  permissible from a machine that is located in an establishment
  331  that prohibits persons under 21 years of age on the licensed
  332  premises at all times.
  333         (b) Sales of vapor-generating electronic devices and liquid
  334  nicotine products, other than as authorized under subparagraph
  335  (a)1., are permissible only if a dealer implements an age
  336  verification procedure that:
  337         1. Before accepting an order for delivery, verifies that
  338  the purchaser is at least 21 years of age using a commercially
  339  available database, or an aggregate of databases, which is
  340  regularly used for the purpose of age and identity verification;
  341  and
  342         2. Employs a second-step age verification to secure
  343  delivery for every order by requiring the signature of the
  344  purchaser upon delivery and verifying that the credit card or
  345  debit card used for the purchase has been issued in the
  346  purchaser’s name and that the delivery address is associated
  347  with the purchaser’s credit card or debit card equipped with an
  348  operational lockout device which is under the control of the
  349  dealer or the dealer’s agent or employee who directly regulates
  350  the sale of items through the machine by triggering the lockout
  351  device to allow the dispensing of one tobacco product. The
  352  lockout device must include a mechanism to prevent the machine
  353  from functioning if the power source for the lockout device
  354  fails or if the lockout device is disabled, and a mechanism to
  355  ensure that only one tobacco product is dispensed at a time.
  356         (2) The provisions of subsection (1) shall not apply to an
  357  establishment that prohibits persons under 18 years of age on
  358  the licensed premises.
  359         (5)(a) A person may not sell, deliver, barter, furnish, or
  360  give, directly or indirectly, flavored liquid nicotine products
  361  to any other person. For the purposes of this subsection, the
  362  term “flavored liquid nicotine product” means a liquid nicotine
  363  product containing a natural or artificial constituent or
  364  additive that causes the liquid or its vapor to have a
  365  distinguishable taste or aroma other than tobacco or menthol,
  366  including, but not limited to, fruit, chocolate, vanilla, honey,
  367  candy, cocoa, a dessert, an alcoholic beverage, an herb or a
  368  spice, or any combination thereof.
  369         (b) This subsection does not apply to the sale, shipment,
  370  or transport of any product that receives a marketing order
  371  issued by the United States Food and Drug Administration under
  372  21 U.S.C. s. 387j.
  373         Section 7. Section 569.101, Florida Statutes, is amended to
  374  read:
  375         569.101 Selling, delivering, bartering, furnishing, or
  376  giving tobacco products to persons under 21 18 years of age;
  377  criminal penalties; defense.—
  378         (1) It is unlawful to sell, deliver, barter, furnish, or
  379  give, directly or indirectly, to any person who is under 21 18
  380  years of age, any tobacco product.
  381         (2) Any person who violates subsection (1) commits a
  382  misdemeanor of the second degree, punishable as provided in s.
  383  775.082 or s. 775.083. However, any person who violates
  384  subsection (1) for a second or subsequent time within 1 year of
  385  the first violation, commits a misdemeanor of the first degree,
  386  punishable as provided in s. 775.082 or s. 775.083.
  387         (3) A person charged with a violation of subsection (1) has
  388  a complete defense if, at the time the tobacco product was sold,
  389  delivered, bartered, furnished, or given:
  390         (a) The buyer or recipient falsely evidenced that she or he
  391  was 21 18 years of age or older;
  392         (b) The appearance of the buyer or recipient was such that
  393  a prudent person would believe the buyer or recipient to be 21
  394  18 years of age or older; and
  395         (c) Such person carefully checked a driver license or an
  396  identification card issued by this state or another state of the
  397  United States, a passport, or a United States armed services
  398  identification card presented by the buyer or recipient and
  399  acted in good faith and in reliance upon the representation and
  400  appearance of the buyer or recipient in the belief that the
  401  buyer or recipient was 21 18 years of age or older.
  402         (4) A person must verify by means of identification
  403  specified in paragraph (3)(c) that a person purchasing a tobacco
  404  product is not under 21 years of age. Such verification is not
  405  required for any person over the age of 29.
  406         Section 8. Section 569.11, Florida Statutes, is amended to
  407  read:
  408         569.11 Possession, misrepresenting age or military service
  409  to purchase, and purchase of tobacco products by persons under
  410  21 18 years of age prohibited; penalties; jurisdiction;
  411  disposition of fines.—
  412         (1) It is unlawful for any person under 21 18 years of age
  413  to knowingly possess any tobacco product. Any person under 21 18
  414  years of age who violates this subsection commits a noncriminal
  415  violation as provided in s. 775.08(3), punishable by:
  416         (a) For a first violation, 16 hours of community service
  417  or, instead of community service, a $25 fine. In addition, if
  418  the person is under 18 years of age, the person must attend a
  419  school-approved anti-vaping or anti-tobacco program, if locally
  420  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  if the person is under 18 years of age, the person must attend a
  439  school-approved anti-vaping or anti-tobacco program, if
  440  available; or
  441         (b) For a second or subsequent violation within 12 weeks
  442  after the first violation, a $25 fine.
  443  
  444  Any second or subsequent violation not within the 12-week period
  445  after the first violation is punishable as provided for a first
  446  violation.
  447         (3) Any person under 21 18 years of age cited for
  448  committing a noncriminal violation under this section must sign
  449  and accept a civil citation indicating a promise to appear
  450  before the county court or comply with the requirement for
  451  paying the fine and, if the person is under 18 years of age,
  452  must attend a school-approved anti-vaping or anti-tobacco
  453  program, if locally available. If a fine is assessed for a
  454  violation of this section, the fine must be paid within 30 days
  455  after the date of the citation or, if a court appearance is
  456  mandatory, within 30 days after the date of the hearing.
  457         (4) A person charged with a noncriminal violation under
  458  this section must appear before the county court or comply with
  459  the requirement for paying the fine. The court, after a hearing,
  460  shall make a determination as to whether the noncriminal
  461  violation was committed. If the court finds the violation was
  462  committed, it shall impose an appropriate penalty as specified
  463  in subsection (1) or subsection (2). A person who participates
  464  in community service shall be considered an employee of the
  465  state for the purpose of chapter 440, for the duration of such
  466  service.
  467         (5)(a) If a person under 21 18 years of age is found by the
  468  court to have committed a noncriminal violation under this
  469  section and that person has failed to complete community
  470  service, pay the fine as required by paragraph (1)(a) or
  471  paragraph (2)(a), or, if the person is under 18 years of age,
  472  attend a school-approved anti-vaping or anti-tobacco program, if
  473  locally available, the court may direct the Department of
  474  Highway Safety and Motor Vehicles to withhold issuance of or
  475  suspend the driver license or driving privilege of that person
  476  for a period of 30 consecutive days.
  477         (b) If a person under 21 18 years of age is found by the
  478  court to have committed a noncriminal violation under this
  479  section and that person has failed to pay the applicable fine as
  480  required by paragraph (1)(b) or paragraph (2)(b), the court may
  481  direct the Department of Highway Safety and Motor Vehicles to
  482  withhold issuance of or suspend the driver license or driving
  483  privilege of that person for a period of 45 consecutive days.
  484         (6) Eighty percent of all civil penalties received by a
  485  county court pursuant to this section shall be remitted by the
  486  clerk of the court to the Department of Revenue for transfer to
  487  the Department of Education to provide for teacher training and
  488  for research and evaluation to reduce and prevent the use of
  489  tobacco products by children. The remaining 20 percent of civil
  490  penalties received by a county court pursuant to this section
  491  shall remain with the clerk of the county court to cover
  492  administrative costs.
  493         Section 9. Section 877.112, Florida Statutes, is repealed.
  494         Section 10. Section 569.0075, Florida Statutes, is amended
  495  to read:
  496         569.0075 Gift of sample tobacco products prohibited.—The
  497  gift of sample tobacco products to any person under the age of
  498  21 18 by an entity licensed or permitted under the provisions of
  499  chapter 210 or this chapter, or by an employee of such entity,
  500  is prohibited and is punishable as provided in s. 569.101.
  501         Section 11. Subsection (1), paragraphs (b) and (c) of
  502  subsection (2), and subsection (3) of section 569.008, Florida
  503  Statutes, are amended to read:
  504         569.008 Responsible retail tobacco products dealers;
  505  qualifications; mitigation of disciplinary penalties; diligent
  506  management and supervision; presumption.—
  507         (1) The Legislature intends to prevent the sale of tobacco
  508  products to persons under 21 18 years of age and to encourage
  509  retail tobacco products dealers to comply with responsible
  510  practices in accordance with this section.
  511         (2) To qualify as a responsible retail tobacco products
  512  dealer, the dealer must establish and implement procedures
  513  designed to ensure that the dealer’s employees comply with the
  514  provisions of this chapter. The dealer must provide a training
  515  program for the dealer’s employees which addresses the use and
  516  sale of tobacco products and which includes at least the
  517  following topics:
  518         (b) Methods of recognizing and handling customers under 21
  519  18 years of age.
  520         (c) Procedures for proper examination of identification
  521  cards in order to verify that customers are not under 21 18
  522  years of age.
  523         (3) In determining penalties under s. 569.006, the division
  524  may mitigate penalties imposed against a dealer because of an
  525  employee’s illegal sale of a tobacco product to a person under
  526  21 18 years of age if the following conditions are met:
  527         (a) The dealer is qualified as a responsible dealer under
  528  this section.
  529         (b) The dealer provided the training program required under
  530  subsection (2) to that employee before the illegal sale
  531  occurred.
  532         (c) The dealer had no knowledge of that employee’s
  533  violation at the time of the violation and did not direct,
  534  approve, or participate in the violation.
  535         (d) If the sale was made through a vending machine, the
  536  machine was equipped with an operational lock-out device.
  537         Section 12. Paragraph (b) of subsection (2), subsection
  538  (3), and paragraph (g) of subsection (4) of section 569.12,
  539  Florida Statutes, are amended to read:
  540         569.12 Jurisdiction; tobacco product enforcement officers
  541  or agents; enforcement.—
  542         (2)
  543         (b) A tobacco product enforcement officer is authorized to
  544  issue a citation to a person under the age of 21 18 when, based
  545  upon personal investigation, the officer has reasonable cause to
  546  believe that the person has committed a civil infraction in
  547  violation of s. 386.212 or s. 569.11.
  548         (3) A correctional probation officer as defined in s.
  549  943.10(3) is authorized to issue a citation to a person under
  550  the age of 21 18 when, based upon personal investigation, the
  551  officer has reasonable cause to believe that the person has
  552  committed a civil infraction in violation of s. 569.11.
  553         (4) A citation issued to any person violating the
  554  provisions of s. 569.11 shall be in a form prescribed by the
  555  Division of Alcoholic Beverages and Tobacco of the Department of
  556  Business and Professional Regulation and shall contain:
  557         (g) The procedure for the person to follow in order to
  558  contest the citation, perform the required community service,
  559  attend the required anti-vaping or anti-tobacco program, or to
  560  pay the civil penalty.
  561         Section 13. Section 569.14, Florida Statutes, is amended to
  562  read:
  563         569.14 Posting of a sign stating that the sale of tobacco
  564  products to persons under 21 18 years of age is unlawful;
  565  enforcement; penalty.—
  566         (1) A dealer that sells tobacco products shall post a clear
  567  and conspicuous sign in each place of business where such
  568  products are sold which substantially states the following:
  569  
  570         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  571         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  572         REQUIRED FOR PURCHASE.
  573  
  574         (2) A dealer that sells tobacco products and nicotine
  575  products or nicotine dispensing devices, as defined in s.
  576  877.112, may use a sign that substantially states the following:
  577  
  578         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  579         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  580         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  581         FOR PURCHASE.
  582  
  583  A dealer that uses a sign as described in this subsection meets
  584  the signage requirements of subsection (1) and s. 877.112.
  585         (2)(3) The division shall make available to dealers of
  586  tobacco products signs that meet the requirements of subsection
  587  (1) or subsection (2).
  588         (3)(4) Any dealer that sells tobacco products shall provide
  589  at the checkout counter in a location clearly visible to the
  590  dealer or the dealer’s agent or employee instructional material
  591  in a calendar format or similar format to assist in determining
  592  whether a person is of legal age to purchase tobacco products.
  593  This point of sale material must contain substantially the
  594  following language:
  595  
  596                IF YOU WERE NOT BORN BEFORE THIS DATE              
  597                  (insert date and applicable year)                
  598                  YOU CANNOT BUY TOBACCO PRODUCTS.                 
  599  
  600  Upon approval by the division, in lieu of a calendar a dealer
  601  may use card readers, scanners, or other electronic or automated
  602  systems that can verify whether a person is of legal age to
  603  purchase tobacco products. Failure to comply with the provisions
  604  contained in this subsection shall result in imposition of
  605  administrative penalties as provided in s. 569.006.
  606         (4)(5) The division, through its agents and inspectors,
  607  shall enforce this section.
  608         (5)(6) Any person who fails to comply with subsection (1)
  609  is guilty of a misdemeanor of the second degree, punishable as
  610  provided in s. 775.082 or s. 775.083.
  611         Section 14. Subsections (3) and (4) of section 569.19,
  612  Florida Statutes, are amended to read:
  613         569.19 Annual report.—The division shall report annually
  614  with written findings to the Legislature and the Governor by
  615  December 31, on the progress of implementing the enforcement
  616  provisions of this chapter. This must include, but is not
  617  limited to:
  618         (3) The number of violations for selling tobacco products
  619  to persons under age 21 18, and the results of administrative
  620  hearings on the above and related issues.
  621         (4) The number of persons under age 21 18 cited for
  622  violations of s. 569.11 and sanctions imposed as a result of
  623  citation.
  624         Section 15. This act shall take effect January 1, 2021.

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