Bill Text: FL S1046 | 2019 | Regular Session | Introduced


Bill Title: Tobacco Products

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2019-05-03 - Died in Innovation, Industry, and Technology [S1046 Detail]

Download: Florida-2019-S1046-Introduced.html
       Florida Senate - 2019                                    SB 1046
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00381A-19                                          20191046__
    1                        A bill to be entitled                      
    2         An act relating to tobacco products; amending s.
    3         569.002, F.S.; redefining the term “tobacco products”
    4         to include all recreational nicotine products;
    5         creating s. 569.0035, F.S.; defining the term
    6         “flavored tobacco products”; prohibiting retail
    7         tobacco products dealers from dealing in flavored
    8         tobacco products unless they prohibit persons under a
    9         specified age on the premises; providing for a civil
   10         penalty; amending s. 569.007, F.S.; authorizing the
   11         sale or delivery of tobacco products in direct, face
   12         to-face exchanges with dealers or their agents or
   13         employees; removing a provision that allowed the sale
   14         or delivery of tobacco products from a vending machine
   15         equipped with a certain device; adding specified
   16         products to the list of products that are exempt from
   17         the direct sale requirement; prohibiting certain
   18         retailers from placing certain products or devices in
   19         an open display unit unless the unit or the
   20         establishment in which the unit is located meets
   21         specific requirements; repealing s. 877.112, F.S.,
   22         relating to nicotine products and nicotine dispensing
   23         devices; amending ss. 322.056 and 569.14, F.S.;
   24         conforming provisions to changes made by the act;
   25         providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (6) of section 569.002, Florida
   30  Statutes, is amended to read:
   31         569.002 Definitions.—As used in this chapter, the term:
   32         (6) “Tobacco products” means all recreational nicotine
   33  products, including, but not limited to, hookah and waterpipe
   34  tobacco, electronic nicotine delivery systems and their
   35  components, e-liquid, dissolvable tobacco, nicotine gel,
   36  smokeless tobacco, cigarettes, cigars, roll-your-own tobacco,
   37  pipe tobacco, includes loose tobacco leaves, and products made
   38  from tobacco leaves, in whole or in part, and cigarette
   39  wrappers, which can be used for smoking, sniffing, or chewing.
   40         Section 2. Section 569.0035, Florida Statutes, is created
   41  to read:
   42         569.0035Flavored tobacco products; penalty.—
   43         (1) For the purposes of this section, the term “flavored
   44  tobacco products” means tobacco products that contain an
   45  artificial or natural flavor, other than tobacco, menthol, or
   46  mint, which is a characterizing flavor of the tobacco product.
   47         (2) A dealer may not deal, at retail, in flavored tobacco
   48  products in this state or allow a vending machine offering
   49  flavored tobacco products to be located on its premises in this
   50  state, unless the dealer prohibits persons under 18 years of age
   51  on the premises.
   52         (3) A dealer, including its agents, officers, or employees,
   53  which violates this section may be subject to a civil penalty by
   54  the division of up to $500 per violation.
   55         Section 3. Section 569.007, Florida Statutes, is amended to
   56  read:
   57         569.007 Sale or delivery of tobacco products;
   58  restrictions.—
   59         (1) In order to prevent persons under 18 years of age from
   60  purchasing or receiving tobacco products, the sale or delivery
   61  of tobacco products is prohibited, except:
   62         (a) When under the direct control or line of sight of the
   63  dealer or the dealer’s agent or employee; and or
   64         (b) In a direct, face-to-face exchange with the dealer or
   65  the dealer’s agent or employee Sales from a vending machine are
   66  prohibited under the provisions of paragraph (1)(a) and are only
   67  permissible from a machine that is equipped with an operational
   68  lockout device which is under the control of the dealer or the
   69  dealer’s agent or employee who directly regulates the sale of
   70  items through the machine by triggering the lockout device to
   71  allow the dispensing of one tobacco product. The lockout device
   72  must include a mechanism to prevent the machine from functioning
   73  if the power source for the lockout device fails or if the
   74  lockout device is disabled, and a mechanism to ensure that only
   75  one tobacco product is dispensed at a time.
   76         (2) The provisions of Subsection (1) does shall not apply
   77  to an establishment that prohibits persons under 18 years of age
   78  on the licensed premises or.
   79         (3) The provisions of subsection (1) shall not apply to the
   80  sale or delivery of cigars, hookah and waterpipe tobacco,
   81  dissolvable tobacco, nicotine gel, and pipe tobacco.
   82         (3) A retailer that sells electronic nicotine delivery
   83  systems or e-liquid may not place such products or devices in an
   84  open display unit unless the unit is located in an area that is
   85  inaccessible to customers or unless the establishment prohibits
   86  persons under 18 years of age on the premises.
   87         (4) A dealer or a dealer’s agent or employee may require
   88  proof of age of a purchaser of a tobacco product before selling
   89  the product to that person.
   90         (5) A wholesale dealer or distributing agent, as those
   91  terms are defined in s. 210.01, or a distributor, as defined in
   92  s. 210.25, may sell or deliver tobacco products only to dealers
   93  who have permits.
   94         Section 4. Section 877.112, Florida Statutes, is repealed.
   95         Section 5. Subsections (2) and (3) of section 322.056,
   96  Florida Statutes, are amended to read:
   97         322.056 Mandatory revocation or suspension of, or delay of
   98  eligibility for, driver license for persons under age 18 found
   99  guilty of certain alcohol, drug, or tobacco offenses;
  100  prohibition.—
  101         (2) If a person under 18 years of age is found by the court
  102  to have committed a noncriminal violation under s. 569.11 or s.
  103  877.112(6) or (7) and that person has failed to comply with the
  104  procedures established in that section by failing to fulfill
  105  community service requirements, failing to pay the applicable
  106  fine, or failing to attend a locally available school-approved
  107  anti-tobacco program, and:
  108         (a) The person is eligible by reason of age for a driver
  109  license or driving privilege, the court shall direct the
  110  department to revoke or to withhold issuance of his or her
  111  driver license or driving privilege as follows:
  112         1. For the first violation, for 30 days.
  113         2. For the second violation within 12 weeks of the first
  114  violation, for 45 days.
  115         (b) The person’s driver license or driving privilege is
  116  under suspension or revocation for any reason, the court shall
  117  direct the department to extend the period of suspension or
  118  revocation by an additional period as follows:
  119         1. For the first violation, for 30 days.
  120         2. For the second violation within 12 weeks of the first
  121  violation, for 45 days.
  122         (c) The person is ineligible by reason of age for a driver
  123  license or driving privilege, the court shall direct the
  124  department to withhold issuance of his or her driver license or
  125  driving privilege as follows:
  126         1. For the first violation, for 30 days.
  127         2. For the second violation within 12 weeks of the first
  128  violation, for 45 days.
  129  
  130  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  131  within the 12-week period after the first violation will be
  132  treated as a first violation and in the same manner as provided
  133  in this subsection.
  134         (3) If a person under 18 years of age is found by the court
  135  to have committed a third violation of s. 569.11 or s.
  136  877.112(6) or (7) within 12 weeks of the first violation, the
  137  court must direct the Department of Highway Safety and Motor
  138  Vehicles to suspend or withhold issuance of his or her driver
  139  license or driving privilege for 60 consecutive days. Any third
  140  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  141  12-week period after the first violation will be treated as a
  142  first violation and in the same manner as provided in subsection
  143  (2).
  144         Section 6. Subsections (2) and (3) of section 569.14,
  145  Florida Statutes, are amended to read:
  146         569.14 Posting of a sign stating that the sale of tobacco
  147  products to persons under 18 years of age is unlawful;
  148  enforcement; penalty.—
  149         (2) A dealer that sells tobacco products and nicotine
  150  products or nicotine dispensing devices, as defined in s.
  151  877.112, may use a sign that substantially states the following:
  152  
  153         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  154         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  155         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  156         FOR PURCHASE.
  157  
  158  A dealer that uses a sign as described in this subsection meets
  159  the signage requirements of subsection (1) and s. 877.112.
  160         (2)(3) The division shall make available to dealers of
  161  tobacco products signs that meet the requirements of subsection
  162  (1) or subsection (2).
  163         Section 7. This act shall take effect July 1, 2019.

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