Florida Senate - 2021 CS for SB 1080
By the Committee on Regulated Industries; and Senator Hutson
580-02578-21 20211080c1
1 A bill to be entitled
2 An act relating to tobacco and nicotine products;
3 amending s. 210.095, F.S.; deleting the definition of
4 the term “adult”; revising age limitations relating to
5 mail order, Internet, and remote sales of tobacco
6 products; amending s. 210.15, F.S.; requiring permits
7 to be issued to persons or corporations whose officers
8 are not under 21 years of age; amending s. 386.212,
9 F.S.; providing that it is unlawful for persons under
10 21 years of age to smoke tobacco or vape in, on, or
11 within 1,000 feet of the real property comprising a
12 public or private elementary, middle, or secondary
13 school during specified hours; renaming ch. 569, F.S.;
14 providing directives to the Division of Law Revision;
15 amending s. 569.002, F.S.; defining the terms
16 “nicotine product” and “nicotine dispensing device”;
17 conforming provisions to changes made by the act;
18 amending ss. 569.003, 569.004, and 569.006, F.S.;
19 conforming provisions to changes made by the act;
20 amending s. 569.007, F.S.; revising age limitations
21 relating to the sale and delivery of tobacco products;
22 revising applicability; amending s. 569.0075, F.S.;
23 revising age limitations relating to gifting sample
24 tobacco products; amending s. 569.008, F.S.; revising
25 legislative intent; revising qualification
26 requirements for responsible retail tobacco products
27 dealers; conforming provisions to changes made by the
28 act; amending s. 569.009, F.S.; conforming a provision
29 to changes made by the act; amending s. 569.101, F.S.;
30 revising age limitations relating to selling,
31 delivering, bartering, furnishing, or giving tobacco
32 products to certain persons; amending s. 569.11, F.S.;
33 revising age limitations relating to possessing and
34 obtaining tobacco products; amending s. 569.12, F.S.;
35 expanding the authority of tobacco product enforcement
36 officers to include nicotine products; amending s.
37 569.14, F.S.; revising requirements for signage
38 relating to tobacco products, nicotine products, and
39 nicotine dispensing devices; conforming provisions to
40 changes made by the act; amending s. 569.19, F.S.;
41 conforming provisions to changes made by the act;
42 creating s. 569.31, F.S.; defining terms; creating s.
43 569.32, F.S.; requiring retail nicotine product
44 dealers to acquire a permit; providing requirements
45 and authorizations for such permit; creating s.
46 569.33, F.S.; specifying that an applicant for a
47 retail nicotine products dealer permit consents to
48 certain inspections and searches upon accepting such
49 permit; creating s. 569.34, F.S.; prohibiting certain
50 persons, firms, associations, or corporations from
51 operating without a permit; providing civil penalties;
52 creating s. 569.35, F.S.; providing administrative
53 penalties for retail nicotine product dealers under
54 certain circumstances; requiring the Division of
55 Alcoholic Beverages and Tobacco to deposit funds
56 collected from administrative fines into the General
57 Revenue Fund; creating s. 569.37, F.S.; providing
58 restrictions on the sale or delivery of nicotine
59 products; creating s. 569.38, F.S.; prohibiting
60 certain persons from gifting sample nicotine products
61 to persons under a specified age; creating s. 569.381,
62 F.S.; providing legislative intent; providing
63 requirements for a dealer to qualify as a responsible
64 retail nicotine products dealer; authorizing the
65 division to mitigate certain penalties; requiring the
66 division to develop and make available a nicotine
67 products training program; requiring dealers to
68 exercise diligence in the management and supervision
69 of their premises and the supervision and training of
70 certain persons; creating s. 569.39, F.S.; requiring
71 the division to adopt rules; creating ss. 569.41 and
72 569.42, F.S.; providing civil and criminal penalties
73 relating to selling, delivering, bartering,
74 furnishing, or giving nicotine products to certain
75 persons and possessing and acquiring nicotine
76 products, respectively; creating s. 569.43, F.S.;
77 providing signage requirements relating to the sale of
78 nicotine products or nicotine dispensing devices;
79 providing criminal penalties; creating s. 569.44,
80 F.S.; requiring the division to provide an annual
81 report containing specified information to the
82 Governor and the Legislature; creating s. 569.45,
83 F.S.; defining terms; providing requirements for mail
84 order, Internet, and remote sales of nicotine
85 products; providing applicability; providing criminal
86 penalties; repealing s. 877.112, F.S., relating to
87 nicotine products and nicotine dispensing devices;
88 providing an effective date.
89
90 Be It Enacted by the Legislature of the State of Florida:
91
92 Section 1. Paragraph (a) of subsection (1), paragraphs (a)
93 and (c) of subsection (2), paragraph (a) of subsection (3),
94 paragraph (a) of subsection (4), paragraphs (a) and (b) of
95 subsection (5), and paragraphs (a), (b), (e), and (g) of
96 subsection (8) of section 210.095, Florida Statutes, are amended
97 to read:
98 210.095 Mail order, Internet, and remote sales of tobacco
99 products; age verification.—
100 (1) For purposes of this section, the term:
101 (a) “Adult” means an individual who is at least of the
102 legal minimum purchase age for tobacco products.
103 (2)
104 (a) A sale of tobacco products constituting a delivery sale
105 pursuant to paragraph (1)(b) (1)(c) is a delivery sale
106 regardless of whether the person accepting the order for the
107 delivery sale is located inside or outside this state.
108 (c) A person may not make a delivery sale of tobacco
109 products to any individual who is not 21 years of age or older
110 an adult.
111 (3) A person may not mail, ship, or otherwise deliver
112 tobacco products in connection with an order for a delivery sale
113 unless, before the first delivery to the consumer, the person
114 accepting the order for the delivery sale:
115 (a) Obtains from the individual submitting the order a
116 certification that includes:
117 1. Reliable confirmation that the individual is 21 years of
118 age or older an adult; and
119 2. A statement signed by the individual in writing and
120 under penalty of perjury which:
121 a. Certifies the address and date of birth of the
122 individual; and
123 b. Confirms that the individual wants to receive delivery
124 sales from a tobacco company and understands that, under the
125 laws of this state, the following actions are illegal:
126 (I) Signing another individual’s name to the certification;
127 (II) Selling tobacco products to individuals under the
128 legal minimum purchase age; and
129 (III) Purchasing tobacco products, if the person making the
130 purchase is under the legal minimum purchase age.
131
132 In addition to the requirements of this subsection, a person
133 accepting an order for a delivery sale may request that a
134 consumer provide an electronic mail address.
135 (4) The notice described in paragraph (3)(c) must include
136 prominent and clearly legible statements that sales of tobacco
137 products are:
138 (a) Illegal if made to individuals who are not 21 years of
139 age or older adults.
140
141 The notice must include an explanation of how each tax has been,
142 or is to be, paid with respect to the delivery sale.
143 (5) Each person who mails, ships, or otherwise delivers
144 tobacco products in connection with an order for a delivery sale
145 must:
146 (a) Include as part of the shipping documents, in a clear
147 and conspicuous manner, the following statement: “Tobacco
148 Products: Florida law prohibits shipping to individuals under 21
149 18 years of age and requires the payment of all applicable
150 taxes.”
151 (b) Use a method of mailing, shipping, or delivery which
152 obligates the delivery service to require:
153 1. The individual submitting the order for the delivery
154 sale or another individual who is 21 years of age or older adult
155 who resides at the individual’s address to sign his or her name
156 to accept delivery of the shipping container. Proof of the legal
157 minimum purchase age of the individual accepting delivery is
158 required only if the individual appears to be under 30 27 years
159 of age.
160 2. Proof that the individual is either the addressee or the
161 individual who is 21 years of age or older adult designated by
162 the addressee, in the form of a valid, government-issued
163 identification card bearing a photograph of the individual who
164 signs to accept delivery of the shipping container.
165
166 If the person accepting a purchase order for a delivery sale
167 delivers the tobacco products without using a delivery service,
168 the person must comply with all of the requirements of this
169 section which apply to a delivery service. Any failure to comply
170 with a requirement of this section constitutes a violation
171 thereof.
172 (8)(a) Except as otherwise provided in this section, a
173 violation of this section by a person other than an individual
174 who is not 21 years of age or older an adult is a misdemeanor of
175 the first degree, punishable as provided in s. 775.082 or s.
176 775.083, and:
177 1. For a first violation of this section, the person shall
178 be fined $1,000 or five times the retail value of the tobacco
179 products involved in the violation, whichever is greater.
180 2. For a second or subsequent violation of this section,
181 the person shall be fined $5,000 or five times the retail value
182 of the tobacco products involved in the violation, whichever is
183 greater.
184 (b) A person who is 21 years of age or older an adult and
185 knowingly submits a false certification under subsection (3)
186 commits a misdemeanor of the first degree, punishable as
187 provided in s. 775.082 or s. 775.083. For each offense, the
188 person shall be fined $10,000 or five times the retail value of
189 the tobacco products involved in the violation, whichever is
190 greater.
191 (e) A person who, in connection with a delivery sale,
192 delivers tobacco products on behalf of a delivery service to an
193 individual who is not 21 years of age or older an adult commits
194 a misdemeanor of the second third degree, punishable as provided
195 in s. 775.082 or s. 775.083.
196 (g) An individual who is not 21 years of age or older an
197 adult and who knowingly violates any provision of this section
198 commits a misdemeanor of the second third degree, punishable as
199 provided in s. 775.082 or s. 775.083.
200 Section 2. Paragraph (b) of subsection (1) of section
201 210.15, Florida Statutes, is amended to read:
202 210.15 Permits.—
203 (1)
204 (b) Permits shall be issued only to persons of good moral
205 character who are not less than 21 18 years of age. Permits to
206 corporations shall be issued only to corporations whose officers
207 are of good moral character and not less than 21 18 years of
208 age. There shall be no exemptions from the permit fees herein
209 provided to any persons, association of persons, or corporation,
210 any law to the contrary notwithstanding.
211 Section 3. Subsection (1) of section 386.212, Florida
212 Statutes, is amended to read:
213 386.212 Smoking and vaping prohibited near school property;
214 penalty.—
215 (1) It is unlawful for any person under 21 18 years of age
216 to smoke tobacco or vape in, on, or within 1,000 feet of the
217 real property comprising a public or private elementary, middle,
218 or secondary school between the hours of 6 a.m. and midnight.
219 This section does not apply to any person occupying a moving
220 vehicle or within a private residence.
221 Section 4. Chapter 569, Florida Statutes, entitled “Tobacco
222 Products,” is renamed “Tobacco and Nicotine Products.”
223 Section 5. The Division of Law Revision is directed to:
224 (1) Create part I of chapter 569, Florida Statutes,
225 consisting of ss. 569.002-569.23, Florida Statutes, to be
226 entitled “Tobacco Products.”
227 (2) Create part II of chapter 569, Florida Statutes,
228 consisting of ss. 569.31-569.45, Florida Statutes, to be
229 entitled “Nicotine Products.”
230 Section 6. Section 569.002, Florida Statutes, is amended to
231 read:
232 569.002 Definitions.—As used in this part chapter, the
233 term:
234 (1) “Dealer” is synonymous with the term “retail tobacco
235 products dealer.”
236 (2) “Division” means the Division of Alcoholic Beverages
237 and Tobacco of the Department of Business and Professional
238 Regulation.
239 (3) “Nicotine product” has the same meaning as provided in
240 s. 569.31(4).
241 (4) “Nicotine dispensing device” has the same meaning as
242 provided in s. 569.31(3).
243 (5) “Permit” is synonymous with the term “retail tobacco
244 products dealer permit.”
245 (6)(4) “Retail tobacco products dealer” means the holder of
246 a retail tobacco products dealer permit.
247 (7)(5) “Retail tobacco products dealer permit” means a
248 permit issued by the division pursuant to s. 569.003.
249 (8)(6) “Tobacco products” includes loose tobacco leaves,
250 and products made from tobacco leaves, in whole or in part, and
251 cigarette wrappers, which can be used for smoking, sniffing, or
252 chewing.
253 (9)(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 (b)(d) Is acting in his or her scope of lawful employment
263 with an entity licensed under the provisions of chapter 210 or
264 this part chapter.
265 Section 7. Paragraph (c) of subsection (1) of section
266 569.003, Florida Statutes, is amended to read:
267 569.003 Retail tobacco products dealer permits;
268 application; qualifications; fees; renewal; duplicates.—
269 (1)
270 (c) Permits shall be issued annually, upon payment of the
271 annual permit fee prescribed by the division. The division shall
272 fix the fee in an amount sufficient to meet the costs incurred
273 by it in carrying out its permitting, enforcement, and
274 administrative responsibilities under this part chapter, but the
275 fee may not exceed $50. The proceeds of the fee shall be
276 deposited into the Alcoholic Beverage and Tobacco Trust Fund.
277 Section 8. Section 569.004, Florida Statutes, is amended to
278 read:
279 569.004 Consent to inspection and search without warrant.
280 An applicant for a permit, by accepting the permit when issued,
281 agrees that the place or premises covered by the permit is
282 subject to inspection and search without a search warrant by the
283 division or its authorized assistants, and by sheriffs, deputy
284 sheriffs, or police officers, to determine compliance with this
285 chapter, including part II of this chapter if the applicant
286 deals, at retail, in nicotine products within the state or
287 allows a nicotine products vending machine to be located on its
288 premises within the state.
289 Section 9. Section 569.006, Florida Statutes, is amended to
290 read:
291 569.006 Retail tobacco products dealers; administrative
292 penalties.—The division may suspend or revoke the permit of the
293 dealer upon sufficient cause appearing of the violation of any
294 of the provisions of this chapter, including part II of this
295 chapter if the dealer deals, at retail, in nicotine products
296 within the state or allows a nicotine products vending machine
297 to be located on its premises within the state, by a dealer or
298 by a dealer’s agent or employee. The division may also assess
299 and accept administrative fines of up to $1,000 against a dealer
300 for each violation. The division shall deposit all fines
301 collected into the General Revenue Fund as collected. An order
302 imposing an administrative fine becomes effective 15 days after
303 the date of the order. The division may suspend the imposition
304 of a penalty against a dealer, conditioned upon the dealer’s
305 compliance with terms the division considers appropriate.
306 Section 10. Subsections (1) and (2) of section 569.007,
307 Florida Statutes, are amended to read:
308 569.007 Sale or delivery of tobacco products;
309 restrictions.—
310 (1) In order to prevent persons under 21 18 years of age
311 from purchasing or receiving tobacco products, the sale or
312 delivery of tobacco products is prohibited, except:
313 (a) When under the direct control or line of sight of the
314 dealer or the dealer’s agent or employee; or
315 (b) Sales from a vending machine are prohibited under the
316 provisions of paragraph (1)(a) and are only permissible from a
317 machine that is equipped with an operational lockout device
318 which is under the control of the dealer or the dealer’s agent
319 or employee who directly regulates the sale of items through the
320 machine by triggering the lockout device to allow the dispensing
321 of one tobacco product. The lockout device must include a
322 mechanism to prevent the machine from functioning if the power
323 source for the lockout device fails or if the lockout device is
324 disabled, and a mechanism to ensure that only one tobacco
325 product is dispensed at a time.
326 (2) The provisions of subsection (1) shall not apply to an
327 establishment that prohibits persons under 21 18 years of age on
328 the licensed premises.
329 Section 11. Section 569.0075, Florida Statutes, is amended
330 to read:
331 569.0075 Gift of sample tobacco products prohibited.—The
332 gift of sample tobacco products to any person under the age of
333 21 18 by an entity licensed or permitted under the provisions of
334 chapter 210 or this part chapter, or by an employee of such
335 entity, is prohibited and is punishable as provided in s.
336 569.101.
337 Section 12. Subsection (1), paragraphs (b) and (c) of
338 subsection (2), and subsection (3) of section 569.008, Florida
339 Statutes, are amended to read:
340 569.008 Responsible retail tobacco products dealers;
341 qualifications; mitigation of disciplinary penalties; diligent
342 management and supervision; presumption.—
343 (1) The Legislature intends to prevent the sale of tobacco
344 products to persons under 21 18 years of age and to encourage
345 retail tobacco products dealers to comply with responsible
346 practices in accordance with this section.
347 (2) To qualify as a responsible retail tobacco products
348 dealer, the dealer must establish and implement procedures
349 designed to ensure that the dealer’s employees comply with the
350 provisions of this part chapter. The dealer must provide a
351 training program for the dealer’s employees which addresses the
352 use and sale of tobacco products and which includes at least the
353 following topics:
354 (b) Methods of recognizing and handling customers under 21
355 18 years of age.
356 (c) Procedures for proper examination of identification
357 cards in order to verify that customers are not under 21 18
358 years of age.
359 (3) In determining penalties under s. 569.006, the division
360 may mitigate penalties imposed against a dealer because of an
361 employee’s illegal sale of a tobacco product to a person under
362 21 18 years of age if the following conditions are met:
363 (a) The dealer is qualified as a responsible dealer under
364 this section.
365 (b) The dealer provided the training program required under
366 subsection (2) to that employee before the illegal sale
367 occurred.
368 (c) The dealer had no knowledge of that employee’s
369 violation at the time of the violation and did not direct,
370 approve, or participate in the violation.
371 (d) If the sale was made through a vending machine, the
372 machine was equipped with an operational lock-out device.
373 Section 13. Section 569.009, Florida Statutes, is amended
374 to read:
375 569.009 Rulemaking authority.—The division shall adopt any
376 rules necessary to administer and enforce the provisions of this
377 part chapter.
378 Section 14. Section 569.101, Florida Statutes, is amended
379 to read:
380 569.101 Selling, delivering, bartering, furnishing, or
381 giving tobacco products to persons under 21 18 years of age;
382 criminal penalties; defense.—
383 (1) It is unlawful to sell, deliver, barter, furnish, or
384 give, directly or indirectly, to any person who is under 21 18
385 years of age, any tobacco product.
386 (2) Any person who violates subsection (1) commits a
387 misdemeanor of the second degree, punishable as provided in s.
388 775.082 or s. 775.083. However, any person who violates
389 subsection (1) for a second or subsequent time within 1 year of
390 the first violation, commits a misdemeanor of the first degree,
391 punishable as provided in s. 775.082 or s. 775.083.
392 (3) A person charged with a violation of subsection (1) has
393 a complete defense if, at the time the tobacco product was sold,
394 delivered, bartered, furnished, or given:
395 (a) The buyer or recipient falsely evidenced that she or he
396 was 21 18 years of age or older;
397 (b) The appearance of the buyer or recipient was such that
398 a prudent person would believe the buyer or recipient to be 21
399 18 years of age or older; and
400 (c) Such person carefully checked a driver license or an
401 identification card issued by this state or another state of the
402 United States, a passport, or a United States armed services
403 identification card presented by the buyer or recipient and
404 acted in good faith and in reliance upon the representation and
405 appearance of the buyer or recipient in the belief that the
406 buyer or recipient was 21 18 years of age or older.
407 Section 15. Section 569.11, Florida Statutes, is amended to
408 read:
409 569.11 Possession, misrepresenting age or military service
410 to purchase, and purchase of tobacco products by persons under
411 21 18 years of age prohibited; penalties; jurisdiction;
412 disposition of fines.—
413 (1) It is unlawful for any person under 21 18 years of age
414 to knowingly possess any tobacco product. Any person under 21 18
415 years of age who violates this subsection commits a noncriminal
416 violation as provided in s. 775.08(3), punishable by:
417 (a) For a first violation, 16 hours of community service
418 or, instead of community service, a $25 fine. In addition, the
419 person must attend a school-approved anti-tobacco program, if
420 locally 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 the person must attend a school-approved anti-tobacco program,
439 if available; or
440 (b) For a second or subsequent violation within 12 weeks
441 after the first violation, a $25 fine.
442
443 Any second or subsequent violation not within the 12-week period
444 after the first violation is punishable as provided for a first
445 violation.
446 (3) Any person under 21 18 years of age cited for
447 committing a noncriminal violation under this section must sign
448 and accept a civil citation indicating a promise to appear
449 before the county court or comply with the requirement for
450 paying the fine and must attend a school-approved anti-tobacco
451 program, if locally available. If a fine is assessed for a
452 violation of this section, the fine must be paid within 30 days
453 after the date of the citation or, if a court appearance is
454 mandatory, within 30 days after the date of the hearing.
455 (4) A person charged with a noncriminal violation under
456 this section must appear before the county court or comply with
457 the requirement for paying the fine. The court, after a hearing,
458 shall make a determination as to whether the noncriminal
459 violation was committed. If the court finds the violation was
460 committed, it shall impose an appropriate penalty as specified
461 in subsection (1) or subsection (2). A person who participates
462 in community service shall be considered an employee of the
463 state for the purpose of chapter 440, for the duration of such
464 service.
465 (5)(a) If a person under 21 18 years of age is found by the
466 court to have committed a noncriminal violation under this
467 section and that person has failed to complete community
468 service, pay the fine as required by paragraph (1)(a) or
469 paragraph (2)(a), or attend a school-approved anti-tobacco
470 program, if locally available, the court may direct the
471 Department of Highway Safety and Motor Vehicles to withhold
472 issuance of or suspend the driver license or driving privilege
473 of that person for a period of 30 consecutive days.
474 (b) If a person under 21 18 years of age is found by the
475 court to have committed a noncriminal violation under this
476 section and that person has failed to pay the applicable fine as
477 required by paragraph (1)(b) or paragraph (2)(b), the court may
478 direct the Department of Highway Safety and Motor Vehicles to
479 withhold issuance of or suspend the driver license or driving
480 privilege of that person for a period of 45 consecutive days.
481 (6) Eighty percent of all civil penalties received by a
482 county court pursuant to this section shall be remitted by the
483 clerk of the court to the Department of Revenue for transfer to
484 the Department of Education to provide for teacher training and
485 for research and evaluation to reduce and prevent the use of
486 tobacco products by children. The remaining 20 percent of civil
487 penalties received by a county court pursuant to this section
488 shall remain with the clerk of the county court to cover
489 administrative costs.
490 Section 16. Section 569.12, Florida Statutes, is amended to
491 read:
492 569.12 Jurisdiction; tobacco product and nicotine product
493 enforcement officers or agents; enforcement.—
494 (1) In addition to the Division of Alcoholic Beverages and
495 Tobacco of the Department of Business and Professional
496 Regulation, any law enforcement officer certified under s.
497 943.10(1), (6), or (8) shall enforce the provisions of this
498 chapter.
499 (2)(a) A county or municipality may designate certain of
500 its employees or agents as tobacco product and nicotine product
501 enforcement officers. The training and qualifications of the
502 employees or agents for such designation shall be determined by
503 the county or the municipality. Nothing in this section shall be
504 construed to permit the carrying of firearms or other weapons by
505 a tobacco product and nicotine product enforcement agent, nor
506 does designation as a tobacco product and nicotine product
507 enforcement officer provide the employee or agent with the power
508 of arrest or subject the employee or agent to the provisions of
509 ss. 943.085-943.255. Nothing in this section amends, alters, or
510 contravenes the provisions of any state-administered retirement
511 system or any state-supported retirement system established by
512 general law.
513 (b) A tobacco and nicotine product enforcement officer is
514 authorized to issue a citation to a person under the age of 21
515 18 when, based upon personal investigation, the officer has
516 reasonable cause to believe that the person has committed a
517 civil infraction in violation of s. 386.212, or s. 569.11, or s.
518 569.42.
519 (3) A correctional probation officer as defined in s.
520 943.10(3) is authorized to issue a citation to a person under
521 the age of 21 18 when, based upon personal investigation, the
522 officer has reasonable cause to believe that the person has
523 committed a civil infraction in violation of s. 569.11 or s.
524 569.42.
525 (4) A citation issued to any person violating the
526 provisions of s. 569.11 or s. 569.42 shall be in a form
527 prescribed by the Division of Alcoholic Beverages and Tobacco of
528 the Department of Business and Professional Regulation and shall
529 contain:
530 (a) The date and time of issuance.
531 (b) The name and address of the person to whom the citation
532 is issued.
533 (c) The date and time the civil infraction was committed.
534 (d) The facts constituting reasonable cause.
535 (e) The number of the Florida statute violated.
536 (f) The name and authority of the citing officer.
537 (g) The procedure for the person to follow in order to
538 contest the citation, perform the required community service,
539 attend the required anti-tobacco or anti-tobacco and anti
540 nicotine program, or to pay the civil penalty.
541 Section 17. Section 569.14, Florida Statutes, is amended to
542 read:
543 569.14 Posting of a sign stating that the sale of tobacco
544 products or nicotine products to persons under 21 18 years of
545 age is unlawful; enforcement; penalty.—
546 (1) A dealer that sells tobacco products shall post a clear
547 and conspicuous sign in each place of business where such
548 products are sold which substantially states the following:
549
550 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
551 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
552 REQUIRED FOR PURCHASE.
553
554 (2) A dealer that sells tobacco products and nicotine
555 products or nicotine dispensing devices, as defined in s.
556 877.112, may use a sign that substantially states the following:
557
558 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
559 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
560 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
561 REQUIRED FOR PURCHASE.
562
563 A dealer that uses a sign as described in this subsection meets
564 the signage requirements of subsection (1) and s. 569.43(1) s.
565 877.112.
566 (3) The division shall make available to dealers of tobacco
567 products signs that meet the requirements of subsection (1) or
568 subsection (2).
569 (4) Any dealer that sells tobacco products shall provide at
570 the checkout counter in a location clearly visible to the dealer
571 or the dealer’s agent or employee instructional material in a
572 calendar format or similar format to assist in determining
573 whether a person is of legal age to purchase tobacco products.
574 This point of sale material must contain substantially the
575 following language:
576
577 IF YOU WERE NOT BORN BEFORE THIS DATE
578 (insert date and applicable year)
579 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,
580 OR NICOTINE DISPENSING DEVICES.
581
582 Upon approval by the division, in lieu of a calendar a dealer
583 may use card readers, scanners, or other electronic or automated
584 systems that can verify whether a person is of legal age to
585 purchase tobacco products. Failure to comply with the provisions
586 contained in this subsection shall result in imposition of
587 administrative penalties as provided in s. 569.006.
588 (5) The division, through its agents and inspectors, shall
589 enforce this section.
590 (6) Any person who fails to comply with subsection (1) is
591 guilty of a misdemeanor of the second degree, punishable as
592 provided in s. 775.082 or s. 775.083.
593 Section 18. Section 569.19, Florida Statutes, is amended to
594 read:
595 569.19 Annual report.—The division shall report annually
596 with written findings to the Legislature and the Governor by
597 December 31, on the progress of implementing the enforcement
598 provisions of this part chapter. This must include, but is not
599 limited to:
600 (1) The number and results of compliance visits.
601 (2) The number of violations for failure of a retailer to
602 hold a valid license.
603 (3) The number of violations for selling tobacco products
604 to persons under age 21 18, and the results of administrative
605 hearings on the above and related issues.
606 (4) The number of persons under age 21 18 cited for
607 violations of s. 569.11 and sanctions imposed as a result of
608 citation.
609 Section 19. Section 569.31, Florida Statutes, is created to
610 read:
611 569.31 Definitions.—As used in this part, the term:
612 (1) “Dealer” is synonymous with the term “retail nicotine
613 products dealer.”
614 (2) “Division” means the Division of Alcoholic Beverages
615 and Tobacco of the Department of Business and Professional
616 Regulation.
617 (3) “Nicotine dispensing device” means any product that
618 employs an electronic, chemical, or mechanical means to produce
619 vapor or aerosol from a nicotine product, including, but not
620 limited to, an electronic cigarette, electronic cigar,
621 electronic cigarillo, electronic pipe, or other similar device
622 or product, any replacement cartridge for such device, and any
623 other container of nicotine in a solution or other form intended
624 to be used with or within an electronic cigarette, electronic
625 cigar, electronic cigarillo, electronic pipe, or other similar
626 device or product.
627 (4) “Nicotine product” means any product that contains
628 nicotine, including liquid nicotine, which is intended for human
629 consumption, whether inhaled, chewed, absorbed, dissolved, or
630 ingested by any means. The term also includes any nicotine
631 dispensing device. The term does not include a:
632 (a) Tobacco product, as defined in s. 569.002;
633 (b) Product regulated as a drug or device by the United
634 States Food and Drug Administration under Chapter V of the
635 Federal Food, Drug, and Cosmetic Act; or
636 (c) Product that contains incidental nicotine.
637 (5) “Permit” is synonymous with the term “retail nicotine
638 products dealer permit.”
639 (6) “Retail nicotine products dealer” means the holder of a
640 retail nicotine products dealer permit.
641 (7) “Retail nicotine products dealer permit” means a permit
642 issued by the division under s. 569.32.
643 (8) “Self-service merchandising” means the open display of
644 nicotine products, whether packaged or otherwise, for direct
645 retail customer access and handling before purchase without the
646 intervention or assistance of the dealer or the dealer’s owner,
647 employee, or agent. An open display of such products and devices
648 includes the use of an open display unit.
649 (9) “Any person under the age of 21” does not include any
650 person under the age of 21 who:
651 (a) Is in the military reserve or on active duty in the
652 Armed Forces of the United States; or
653 (b) Is acting in his or her scope of lawful employment.
654 Section 20. Section 569.32, Florida Statutes, is created to
655 read:
656 569.32 Retail nicotine products dealer permits;
657 application; qualifications; renewal; duplicates.—
658 (1)(a) Each person, firm, association, or corporation that
659 seeks to deal, at retail, in nicotine products within the state,
660 or to allow a nicotine products vending machine to be located on
661 its premises in the state, must obtain a retail nicotine
662 products dealer permit for each place of business or premises at
663 which nicotine products are sold. Each dealer owning, leasing,
664 furnishing, or operating vending machines through which nicotine
665 products are sold must obtain a permit for each machine and
666 shall post the permit in a conspicuous place on or near the
667 machine; however, if the dealer has more than one vending
668 machine at a single location or if nicotine products are sold
669 both over the counter and through a vending machine at a single
670 location, the dealer need obtain only one permit for that
671 location.
672 (b) Application for a permit must be made on a form
673 furnished by the division and must set forth the name under
674 which the applicant transacts or intends to transact business,
675 the address of the location of the applicant’s place of business
676 within the state, and any other information the division
677 requires. If the applicant has or intends to have more than one
678 place of business dealing in nicotine products within the state,
679 a separate application must be made for each place of business.
680 If the applicant is a firm or an association, the application
681 must set forth the names and addresses of the persons
682 constituting the firm or association; if the applicant is a
683 corporation, the application must set forth the names and
684 addresses of the principal officers of the corporation. The
685 application must also set forth any other information prescribed
686 by the division for the purpose of identifying the applicant
687 firm, association, or corporation. The application must be
688 signed and verified by oath or affirmation by the owner, if a
689 sole proprietor, or, if the owner is a firm, association, or
690 partnership, by the members or partners thereof, or, if the
691 owner is a corporation, by an executive officer of the
692 corporation or by a person authorized by the corporation to sign
693 the application, together with the written evidence of this
694 authority.
695 (2)(a) Permits may be issued only to persons who are 21
696 years of age or older or to corporations the officers of which
697 are 21 years of age or older.
698 (b) The division may refuse to issue a permit to any
699 person, firm, association, or corporation the permit of which
700 has been revoked, to any corporation an officer of which has had
701 his or her permit revoked, or to any person who is or has been
702 an officer of a corporation the permit of which has been
703 revoked. Any permit issued to a firm, association, or
704 corporation prohibited from obtaining a permit under this
705 chapter shall be revoked by the division.
706 (3) Upon approval of an application for a permit, the
707 division shall issue to the applicant a permit for the place of
708 business or premises specified in the application. A permit is
709 not assignable and is valid only for the person in whose name
710 the permit is issued and for the place designated in the permit.
711 The permit shall be conspicuously displayed at all times at the
712 place for which issued.
713 Section 21. Section 569.33 Florida Statutes, is created to
714 read:
715 569.33 Consent to inspection and search without warrant.—An
716 applicant for a retail nicotine products dealer permit, by
717 accepting the permit when issued, agrees that the place or
718 premises covered by the permit is subject to inspection and
719 search without a search warrant by the division or its
720 authorized assistants, and by sheriffs, deputy sheriffs, or
721 police officers, to determine compliance with this part.
722 Section 22. Section 569.34, Florida Statutes, is created to
723 read:
724 569.34 Operating without a retail nicotine products dealer
725 permit; penalty.—
726 (1) It is unlawful for a person, firm, association, or
727 corporation to deal, at retail, in nicotine products, in any
728 manner, or to allow a nicotine products vending machine to be
729 located on its premises, without having a retail nicotine
730 product dealer permit as required by s. 569.32. A person who
731 violates this section commits a noncriminal violation,
732 punishable by a fine of not more than $500.
733 (2) A retail tobacco products dealer, as defined in s.
734 569.002(4), is not required to have a separate or additional
735 retail nicotine products dealer permit to deal, at retail, in
736 nicotine products within the state, or allow a nicotine products
737 vending machine to be located on its premises in the state. Any
738 retail tobacco products dealer that deals, at retail, in
739 nicotine products or allows a tobacco products vending machine
740 to be located on its premises in the state, is subject to, and
741 must be in compliance with, this part.
742 (3) Any person who violates this section shall be cited for
743 such infraction and shall be cited to appear before the county
744 court. The citation may indicate the time, date, and location of
745 the scheduled hearing and must indicate that the penalty for a
746 noncriminal violation is a fine of not more than $500.
747 (a) A person cited for an infraction under this section
748 may:
749 1. Post a $500 bond; or
750 2. Sign and accept the citation indicating a promise to
751 appear.
752 (b) A person cited for violating this section may:
753 1. Pay the fine, either by mail or in person, within 10
754 days after receiving the citation; or
755 2. If the person has posted bond, forfeit the bond by not
756 appearing at the scheduled hearing.
757 (c) If the person pays the fine or forfeits bond, the
758 person is deemed to have admitted violating this section and to
759 have waived the right to a hearing on the issue of commission of
760 the violation. Such admission may not be used as evidence in any
761 other proceeding.
762 (d) The court, after a hearing, shall make a determination
763 as to whether an infraction has been committed. If the
764 commission of an infraction has been proven beyond a reasonable
765 doubt, the court may impose a civil penalty in an amount that
766 may not exceed $500.
767 (e) If a person is found by the court to have committed the
768 infraction, that person may appeal that finding to the circuit
769 court.
770 Section 23. Section 569.35, Florida Statutes, is created to
771 read:
772 569.35 Retail nicotine product dealers; administrative
773 penalties.—The division may suspend or revoke the permit of a
774 dealer, including the retail tobacco products dealer permit of a
775 retail tobacco products dealer as defined in s. 569.002(4), upon
776 sufficient cause appearing of the violation of any of the
777 provisions of this part, by a dealer, or by a dealer’s agent or
778 employee. The division may also assess and accept an
779 administrative fine of up to $1,000 against a dealer for each
780 violation. The division shall deposit all fines collected into
781 the General Revenue Fund as collected. An order imposing an
782 administrative fine becomes effective 15 days after the date of
783 the order. The division may suspend the imposition of a penalty
784 against a dealer, conditioned upon the dealer’s compliance with
785 terms the division considers appropriate.
786 Section 24. Section 569.37, Florida Statutes, is created to
787 read:
788 569.37 Sale or delivery of nicotine products;
789 restrictions.—
790 (1) In order to prevent persons under 21 years of age from
791 purchasing or receiving nicotine products, the sale or delivery
792 of nicotine products is prohibited, except:
793 (a) When under the direct control or line of sight of the
794 dealer or the dealer’s agent or employee; or
795 (b) Sales from a vending machine are prohibited under
796 paragraph (a) and are only permissible from a machine that is
797 equipped with an operational lockout device that is under the
798 control of the dealer or the dealer’s agent or employee who
799 directly regulates the sale of items through the machine by
800 triggering the lockout device to allow the dispensing of one
801 nicotine product. The lockout device must include a mechanism to
802 prevent the machine from functioning if the power source for the
803 lockout device fails or if the lockout device is disabled, and a
804 mechanism to ensure that only one nicotine product is dispensed
805 at a time.
806 (2)(a) A dealer that sells nicotine products may not sell,
807 permit to be sold, offer for sale, or display for sale such
808 products or devices by means of self-service merchandising.
809 (b) A dealer that sells nicotine products may not place
810 such products or devices in an open display unit unless the unit
811 is located in an area that is inaccessible to customers.
812 (3) The provisions of subsections (1) and (2) shall not
813 apply to an establishment that prohibits persons under 21 years
814 of age on the licensed premises.
815 (4) A dealer or a dealer’s agent or employee may require
816 proof of age of a purchaser of a nicotine product before selling
817 the product to that person.
818 Section 25. Section 569.38, Florida Statutes, is created to
819 read:
820 569.38 Gift of sample nicotine products and nicotine
821 dispensing devices.—The gift of sample nicotine products to any
822 person under the age of 21 by an entity permitted under this
823 part, or by an employee of such entity, is prohibited and is
824 punishable as provided in s. 569.41.
825 Section 26. Section 569.381, Florida Statutes, is created
826 to read:
827 569.381 Responsible retail nicotine products dealers;
828 qualifications; mitigation of disciplinary penalties; diligent
829 management and supervision; presumption.—
830 (1) It is the intent of the Legislature to prevent the sale
831 of nicotine products to persons under 21 years of age and to
832 encourage retail nicotine products dealers to comply with
833 responsible practices in accordance with this section.
834 (2) To qualify as a responsible retail nicotine products
835 dealer, the dealer must establish and implement procedures
836 designed to ensure that the dealer’s employees comply with this
837 part. The dealer must provide a training program for the
838 dealer’s employees which addresses the use and sale of nicotine
839 products and which includes at least the following topics:
840 (a) Laws covering the sale of nicotine products.
841 (b) Methods of recognizing and handling customers under 21
842 years of age.
843 (c) Procedures for proper examination of identification
844 cards in order to verify that customers are not under 21 years
845 of age.
846 (d) The use of the age audit identification function on
847 electronic point-of-sale equipment, where available.
848 (3) In determining penalties under s. 569.35, the division
849 may mitigate penalties imposed against a dealer because of an
850 employee’s illegal sale of a nicotine product to a person under
851 21 years of age if the following conditions are met:
852 (a) The dealer is qualified as a responsible dealer under
853 this section.
854 (b) The dealer provided the training program required under
855 subsection (2) to that employee before the illegal sale
856 occurred.
857 (c) The dealer had no knowledge of that employee’s
858 violation at the time of the violation and did not direct,
859 approve, or participate in the violation.
860 (d) If the sale was made through a vending machine, the
861 machine was equipped with an operational lock-out device.
862 (4) The division shall develop and make available a model
863 nicotine products training program designed to ensure adherence
864 to this part by dealers and their employees which, if followed,
865 will qualify dealers as responsible dealers.
866 (5) Dealers shall exercise diligence in the management and
867 supervision of their premises and in the supervision and
868 training of their employees, agents, or servants. In proceedings
869 to impose penalties under s. 569.35, proof that employees,
870 agents, or servants of the dealer, while in the scope of their
871 employment, committed at least three violations of s. 569.41
872 during a 180-day period shall be prima facie evidence of a lack
873 of due diligence by the dealer in the management and supervision
874 of his or her premises and in the supervision and training of
875 employees, agents, officers, or servants.
876 (6) The division may consider qualification as a
877 responsible retail nicotine products dealer under this section
878 as evidence that the dealer properly exercised the diligence
879 required under this section.
880 Section 27. Section 569.39, Florida Statutes, is created to
881 read:
882 569.39 Rulemaking authority.—The division shall adopt rules
883 to administer and enforce this part.
884 Section 28. Section 569.41, Florida Statutes, is created to
885 read:
886 569.41 Selling, delivering, bartering, furnishing, or
887 giving nicotine products to persons under 21 years of age;
888 criminal penalties; defense.—
889 (1) It is unlawful to sell, deliver, barter, furnish, or
890 give, directly or indirectly, to any person who is under 21
891 years of age, any nicotine product.
892 (2) Any person who violates subsection (1) commits a
893 misdemeanor of the second degree, punishable as provided in s.
894 775.082 or s. 775.083. However, any person who violates
895 subsection (1) for a second or subsequent time within 1 year
896 after the first violation commits a misdemeanor of the first
897 degree, punishable as provided in s. 775.082 or s. 775.083.
898 (3) A person charged with a violation of subsection (1) has
899 a complete defense if, at the time the nicotine product was
900 sold, delivered, bartered, furnished, or given:
901 (a) The buyer or recipient falsely evidenced that she or he
902 was 21 years of age or older;
903 (b) The appearance of the buyer or recipient was such that
904 a prudent person would believe the buyer or recipient to be 21
905 years of age or older; and
906 (c) Such person carefully checked a driver license or an
907 identification card issued by the state or another state of the
908 United States, a passport, or a United States armed services
909 identification card presented by the buyer or recipient and
910 acted in good faith and in reliance upon the representation and
911 appearance of the buyer or recipient in the belief that the
912 buyer or recipient was 21 years of age or older.
913 Section 29. Section 569.42, Florida Statutes, is created to
914 read:
915 569.42 Possession, misrepresenting age or military service
916 to purchase, and purchase of nicotine products by persons under
917 21 years of age prohibited; penalties; jurisdiction; disposition
918 of fines.—
919 (1) It is unlawful for any person under 21 years of age to
920 knowingly possess any nicotine product. Any person under 21
921 years of age who violates this subsection commits a noncriminal
922 violation as provided in s. 775.08(3), punishable by:
923 (a) For a first violation, 16 hours of community service
924 or, instead of community service, a $25 fine. In addition, the
925 person must attend a school-approved anti-tobacco and anti
926 nicotine program, if locally available; or
927 (b) For a second or subsequent violation within 12 weeks
928 after the first violation, a $25 fine.
929
930 Any second or subsequent violation not within the 12-week period
931 after the first violation is punishable as provided for a first
932 violation.
933 (2) It is unlawful for any person under 21 years of age to
934 misrepresent his or her age or military service for the purpose
935 of inducing a dealer or an agent or employee of the dealer to
936 sell, give, barter, furnish, or deliver any nicotine product, or
937 to purchase, or attempt to purchase, any nicotine product from a
938 person or a vending machine. Any person under 21 years of age
939 who violates this subsection commits a noncriminal violation as
940 defined in s. 775.08(3), punishable by:
941 (a) For a first violation, 16 hours of community service
942 or, instead of community service, a $25 fine and, in addition,
943 the person must attend a school-approved anti-tobacco and anti
944 nicotine program, if available; or
945 (b) For a second or subsequent violation within 12 weeks
946 after the first violation, a $25 fine.
947
948 Any second or subsequent violation not within the 12-week period
949 after the first violation is punishable as provided for a first
950 violation.
951 (3) Any person under 21 years of age cited for committing a
952 noncriminal violation under this section must sign and accept a
953 civil citation indicating a promise to appear before the county
954 court or comply with the requirement for paying the fine and
955 must attend a school-approved anti-tobacco and anti-nicotine
956 program, if locally available. If a fine is assessed for a
957 violation of this section, the fine must be paid within 30 days
958 after the date of the citation or, if a court appearance is
959 mandatory, within 30 days after the date of the hearing.
960 (4) A person charged with a noncriminal violation under
961 this section must appear before the county court or comply with
962 the requirement for paying the fine. The court, after a hearing,
963 shall make a determination as to whether the noncriminal
964 violation was committed. If the court finds the violation was
965 committed, it shall impose an appropriate penalty as specified
966 in subsection (1) or subsection (2). A person who participates
967 in community service shall be considered an employee of the
968 state for the purpose of chapter 440, for the duration of such
969 service.
970 (5)(a) If a person under 21 years of age is found by the
971 court to have committed a noncriminal violation under this
972 section and the person has failed to complete community service,
973 pay the fine as required by paragraph (1)(a) or paragraph
974 (2)(a), or attend a school-approved anti-tobacco and anti
975 nicotine program, if locally available, the court may direct the
976 Department of Highway Safety and Motor Vehicles to withhold
977 issuance of or suspend the driver license or driving privilege
978 of that person for a period of 30 consecutive days.
979 (b) If a person under 21 years of age is found by the court
980 to have committed a noncriminal violation under this section and
981 that person has failed to pay the applicable fine as required by
982 paragraph (1)(b) or paragraph (2)(b), the court may direct the
983 Department of Highway Safety and Motor Vehicles to withhold
984 issuance of or suspend the driver license or driving privilege
985 of that person for a period of 45 consecutive days.
986 (6) Eighty percent of all civil penalties received by a
987 county court under this section shall be remitted by the clerk
988 of the court to the Department of Revenue for transfer to the
989 Department of Education to provide for teacher training and for
990 research and evaluation to reduce and prevent the use of
991 nicotine products by children. The remaining 20 percent of civil
992 penalties received by a county court under this section shall
993 remain with the clerk of the county court to cover
994 administrative costs.
995 Section 30. Section 569.43, Florida Statutes, is created to
996 read:
997 569.43 Posting of a sign stating that the sale of nicotine
998 products or nicotine dispensing devices to persons under 21
999 years of age is unlawful; enforcement; penalty.—
1000 (1) A dealer that sells nicotine products shall post a
1001 clear and conspicuous sign in each place of business at which
1002 such products are sold which substantially states the following:
1003
1004 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
1005 DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
1006 FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
1007
1008 (2) The division shall make available to dealers of
1009 nicotine products signs that meet the requirements of subsection
1010 (1).
1011 (3) Any dealer that sells nicotine products shall provide
1012 at the checkout counter in a location clearly visible to the
1013 dealer or the dealer’s agent or employee instructional material
1014 in a calendar format or similar format to assist in determining
1015 whether a person is of legal age to purchase nicotine products.
1016 This point of sale material must contain substantially the
1017 following language:
1018
1019 IF YOU WERE NOT BORN BEFORE THIS DATE
1020 (insert date and applicable year)
1021 YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE
1022 DISPENSING DEVICES.
1023
1024 Upon approval by the division, in lieu of a calendar a dealer
1025 may use card readers, scanners, or other electronic or automated
1026 systems that can verify whether a person is of legal age to
1027 purchase nicotine products. Failure to comply with the
1028 provisions contained in this subsection shall result in
1029 imposition of administrative penalties as provided in s. 569.35.
1030 (4) The division, through its agents and inspectors, shall
1031 enforce this section.
1032 (5) Any person who fails to comply with subsection (1)
1033 commits a misdemeanor of the second degree, punishable as
1034 provided in s. 775.082 or s. 775.083.
1035 Section 31. Section 569.44, Florida Statutes, is created to
1036 read:
1037 569.44 Annual report.—The division shall report annually
1038 with written findings to the Legislature and the Governor by
1039 December 31, on the progress of implementing the enforcement
1040 provisions of this part. This must include, but is not limited
1041 to:
1042 (1) The number and results of compliance visits.
1043 (2) The number of violations for failure of a retailer to
1044 hold a valid permit.
1045 (3) The number of violations for selling nicotine products
1046 to persons under age 21, and the results of administrative
1047 hearings on the above and related issues.
1048 (4) The number of persons under age 21 cited for violations
1049 of s. 569.42 and sanctions imposed as a result of citation.
1050 Section 32. Section 569.45, Florida Statutes, is created to
1051 read:
1052 569.45 Mail order, Internet, and remote sales of nicotine
1053 products; age verification.—
1054 (1) For purposes of this section, the term:
1055 (a) “Consumer” means a person in the state who comes into
1056 possession of any nicotine product who, at the time of
1057 possession, is not intending to sell or distribute the nicotine
1058 product, or is not a retailer.
1059 (b) “Delivery sale” means any sale of nicotine products to
1060 a consumer in the state for which:
1061 1. The consumer submits the order for the sale by
1062 telephonic or other voice transmission, mail, delivery service,
1063 or the Internet or other online service; or
1064 2. The nicotine products are delivered by use of mail or a
1065 delivery service.
1066 (c) “Delivery service” means any person engaged in the
1067 commercial delivery of letters, packages, or other containers.
1068 (d) “Legal minimum purchase age” means the minimum age at
1069 which an individual may legally purchase nicotine products in
1070 the state.
1071 (e) “Retailer” means any person who is required to obtain a
1072 retail nicotine products dealer permit or a retail tobacco
1073 products dealer permit, as defined in s. 569.002.
1074 (f) “Shipping container” means a container in which
1075 nicotine products are shipped in connection with a delivery
1076 sale.
1077 (g) “Shipping document” means a bill of lading, airbill,
1078 United States Postal Service form, or any other document used to
1079 verify the undertaking by a delivery service to deliver letters,
1080 packages, or other containers.
1081 (2)(a) A sale of nicotine products constituting a delivery
1082 sale under paragraph (1)(c) is a delivery sale regardless of
1083 whether the person accepting the order for the delivery sale is
1084 located inside or outside the state.
1085 (b) A retailer must obtain a retail nicotine products
1086 dealer permit or a retail tobacco products dealer permit, as
1087 defined in s. 569.002, from the division under the requirements
1088 of this chapter before accepting an order for a delivery sale.
1089 (c) A person may not make a delivery sale of nicotine
1090 products to any individual who is not 21 years of age or older.
1091 (d) Each person accepting an order for a delivery sale must
1092 comply with each of the following:
1093 1. The age verification requirements set forth in
1094 subsection (3).
1095 2. The disclosure requirements set forth in subsection (4).
1096 3. The shipping requirements set forth in subsection (5).
1097 (3) A person may not mail, ship, or otherwise deliver
1098 nicotine products in connection with an order for a delivery
1099 sale unless, before the first delivery to the consumer, the
1100 person accepting the order for the delivery sale:
1101 (a) Obtains from the person submitting the order a
1102 certification that includes:
1103 1. Reliable confirmation that the person is 21 years of age
1104 or older; and
1105 2. A statement signed by the person in writing and under
1106 penalty of perjury which:
1107 a. Certifies the address and date of birth of the person;
1108 and
1109 b. Confirms that the person wants to receive delivery sales
1110 from a nicotine products company and understands that, under the
1111 laws of the state, the following actions are illegal:
1112 (I) Signing another person’s name to the certification;
1113 (II) Selling nicotine products to individuals who are not
1114 21 years of age or older; and
1115 (III) Purchasing nicotine products, if the person making
1116 the purchase is not 21 years of age or older.
1117 (b) Makes a good faith effort to verify the information
1118 contained in the certification provided by the individual under
1119 paragraph (a) against a commercially available database that may
1120 be reasonably relied upon for accurate age information or
1121 obtains a photocopy or other image of a valid government-issued
1122 identification card stating the date of birth or age of the
1123 individual.
1124 (c) Provides to the individual, via electronic mail or
1125 other means, a notice meeting the requirements of subsection
1126 (4).
1127 (d) If an order for nicotine products is made pursuant to
1128 an advertisement on the Internet, receives payment for the
1129 delivery sale from the consumer by a credit or debit card issued
1130 in the name of the consumer, or by personal or company check of
1131 the consumer.
1132 (e) The person accepting the order for delivery sale shall
1133 submit, to each credit card acquiring company with which the
1134 person has credit card sales, identification information in an
1135 appropriate form and format so that the words “nicotine product”
1136 may be printed in the purchaser’s credit card statement when a
1137 purchase of a nicotine product is made by credit card payment.
1138 (f) Makes a telephone call after 5 p.m. to the purchaser
1139 confirming the order before shipping the nicotine products. The
1140 telephone call may be a person-to-person call or a recorded
1141 message. The person accepting the order for delivery sale is not
1142 required to speak directly with a person and may leave a message
1143 on an answering machine or through voice mail.
1144
1145 In addition to the requirements of this subsection, a person
1146 accepting an order for a delivery sale may request that a
1147 consumer provide an electronic mail address.
1148 (4) The notice described in paragraph (3)(c) must include
1149 prominent and clearly legible statements that sales of nicotine
1150 products are:
1151 (a) Illegal if made to individuals who are not 21 years of
1152 age or older.
1153 (b) Restricted to those individuals who provide verifiable
1154 proof of age in accordance with subsection (3).
1155 (5) Each person who mails, ships, or otherwise delivers
1156 nicotine products in connection with an order for a delivery
1157 sale must:
1158 (a) Include as part of the shipping documents, in a clear
1159 and conspicuous manner, the following statement: “Nicotine
1160 Products: Florida law prohibits shipping to individuals under 21
1161 years of age.”
1162 (b) Use a method of mailing, shipping, or delivery which
1163 obligates the delivery service to require:
1164 1. The individual submitting the order for the delivery
1165 sale or another person 21 years of age or older who resides at
1166 the individual’s address to sign his or her name to accept
1167 delivery of the shipping container. Proof of the legal minimum
1168 purchase age of the individual accepting delivery is required
1169 only if the individual appears to be under 30 years of age.
1170 2. Proof that the individual is either the addressee or the
1171 individual who is 21 years of age or older designated by the
1172 addressee, in the form of a valid, government-issued
1173 identification card bearing a photograph of the individual who
1174 signs to accept delivery of the shipping container.
1175
1176 If the person accepting a purchase order for a delivery sale
1177 delivers the nicotine products without using a delivery service,
1178 the person must comply with all of the requirements of this
1179 section which apply to a delivery service. Any failure to comply
1180 with a requirement of this section constitutes a violation
1181 thereof.
1182 (6) This section does not apply to delivery sales of
1183 nicotine products to a retail nicotine products dealer or a
1184 retail tobacco products dealer, as defined in s. 569.002.
1185 (7) An individual 21 years of age or older who knowingly
1186 violates any provision of this section commits a misdemeanor of
1187 the second degree, punishable as provided in s. 775.082 or s.
1188 775.083.
1189 (8) The Attorney General, the Attorney General’s designee,
1190 or a state attorney may bring an action in the appropriate court
1191 in the state to prevent or restrain violations of this section
1192 by any person.
1193 Section 33. Section 877.112, Florida Statutes, is repealed.
1194 Section 34. This act shall take effect October 1, 2021.