Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 224
       
       
       
       
       
       
                                Ì961606)Î961606                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  11/08/2013           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) is added to section 569.002,
    6  Florida Statutes, to read:
    7         569.002 Definitions.—As used in this chapter, the term:
    8         (8) “Nicotine dispensing devices” mean any product that can
    9  be used to deliver nicotine to an individual by inhaling
   10  vaporized nicotine from the product, including, but not limited
   11  to, an electronic cigarette, electronic cigar, electronic
   12  cigarillo, electronic pipe, or other similar device or product
   13  and any replacement nicotine cartridge for the device or
   14  product.
   15         Section 2. Section 569.0075, Florida Statutes, is amended
   16  to read:
   17         569.0075 Gift of sample tobacco products or sample nicotine
   18  dispensing devices prohibited.—The gift of sample tobacco
   19  products or sample nicotine dispensing devices to any person
   20  under the age of 18 by an entity licensed or permitted under the
   21  provisions of chapter 210 or this chapter, or by an employee of
   22  such entity, is prohibited and is punishable as provided in s.
   23  569.101.
   24         Section 3. Subsections (1) and (3) of section 569.101,
   25  Florida Statutes, are amended to read:
   26         569.101 Selling, delivering, bartering, furnishing, or
   27  giving tobacco products or nicotine dispensing devices to
   28  persons under 18 years of age; criminal penalties; defense.—
   29         (1) It is unlawful to sell, deliver, barter, furnish, or
   30  give, directly or indirectly, to any person who is under 18
   31  years of age, any tobacco product or nicotine dispensing device.
   32         (3) A person charged with a violation of subsection (1) has
   33  a complete defense if, at the time the tobacco product or
   34  nicotine dispensing device was sold, delivered, bartered,
   35  furnished, or given:
   36         (a) The buyer or recipient falsely evidenced that she or he
   37  was 18 years of age or older;
   38         (b) The appearance of the buyer or recipient was such that
   39  a prudent person would believe the buyer or recipient to be 18
   40  years of age or older; and
   41         (c) Such person carefully checked a driver’s license or an
   42  identification card issued by this state or another state of the
   43  United States, a passport, or a United States armed services
   44  identification card presented by the buyer or recipient and
   45  acted in good faith and in reliance upon the representation and
   46  appearance of the buyer or recipient in the belief that the
   47  buyer or recipient was 18 years of age or older.
   48         Section 4. Subsections (1), (2), and (6) of section 569.11,
   49  Florida Statutes, are amended to read:
   50         569.11 Possession, misrepresenting age or military service
   51  to purchase, and purchase of tobacco products or nicotine
   52  dispensing devices by persons under 18 years of age prohibited;
   53  penalties; jurisdiction; disposition of fines.—
   54         (1) It is unlawful for any person under 18 years of age to
   55  knowingly possess any tobacco product or nicotine dispensing
   56  device. Any person under 18 years of age who violates the
   57  provisions of this subsection commits a noncriminal violation as
   58  provided in s. 775.08(3), punishable by:
   59         (a) For a first violation, 16 hours of community service
   60  or, instead of community service, a $25 fine. In addition, the
   61  person must attend a school-approved anti-tobacco and nicotine
   62  program, if locally available;
   63         (b) For a second violation within 12 weeks of the first
   64  violation, a $25 fine; or
   65         (c) For a third or subsequent violation within 12 weeks of
   66  the first violation, the court must direct the Department of
   67  Highway Safety and Motor Vehicles to withhold issuance of or
   68  suspend or revoke the person’s driver’s license or driving
   69  privilege, as provided in s. 322.056.
   70  
   71  Any second or subsequent violation not within the 12-week time
   72  period after the first violation is punishable as provided for a
   73  first violation.
   74         (2) It is unlawful for any person under 18 years of age to
   75  misrepresent his or her age or military service for the purpose
   76  of inducing a dealer or an agent or employee of the dealer to
   77  sell, give, barter, furnish, or deliver any tobacco product or
   78  nicotine dispensing device, or to purchase, or attempt to
   79  purchase, any tobacco product or nicotine dispensing device from
   80  a person or a vending machine. Any person under 18 years of age
   81  who violates a provision of this subsection commits a
   82  noncriminal violation as provided in s. 775.08(3), punishable
   83  by:
   84         (a) For a first violation, 16 hours of community service
   85  or, instead of community service, a $25 fine and, in addition,
   86  the person must attend a school-approved anti-tobacco and
   87  nicotine program, if available;
   88         (b) For a second violation within 12 weeks of the first
   89  violation, a $25 fine; or
   90         (c) For a third or subsequent violation within 12 weeks of
   91  the first violation, the court must direct the Department of
   92  Highway Safety and Motor Vehicles to withhold issuance of or
   93  suspend or revoke the person’s driver’s license or driving
   94  privilege, as provided in s. 322.056.
   95  
   96  Any second or subsequent violation not within the 12-week time
   97  period after the first violation is punishable as provided for a
   98  first violation.
   99         (6) Eighty percent of all civil penalties received by a
  100  county court pursuant to this section shall be remitted by the
  101  clerk of the court to the Department of Revenue for transfer to
  102  the Department of Education to provide for teacher training and
  103  for research and evaluation to reduce and prevent the use of
  104  tobacco products or nicotine dispensing devices by children. The
  105  remaining 20 percent of civil penalties received by a county
  106  court pursuant to this section shall remain with the clerk of
  107  the county court to cover administrative costs.
  108         Section 5. Subsections (1), (2), and (3) of section 569.14,
  109  Florida Statutes, are amended to read:
  110         569.14 Posting of a sign stating that the sale of tobacco
  111  products or nicotine dispensing devices to persons under 18
  112  years of age is unlawful; enforcement; penalty.—
  113         (1) Any dealer that sells tobacco products or nicotine
  114  dispensing devices shall post a clear and conspicuous sign in
  115  each place of business where such products are sold which
  116  substantially states the following:
  117  THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO
  118  PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE
  119  IS REQUIRED FOR PURCHASE.
  120         (2) The division shall make available to dealers of tobacco
  121  products or nicotine dispensing devices signs that meet the
  122  requirements of subsection (1).
  123         (3) Any dealer that sells tobacco products or nicotine
  124  dispensing devices shall provide at the checkout counter in a
  125  location clearly visible to the dealer, the dealer’s agent or
  126  employee, instructional material in a calendar format or similar
  127  format to assist in determining whether a person is of legal age
  128  to purchase tobacco products or nicotine dispensing devices.
  129  This point of sale material must contain substantially the
  130  following language:
  131                IF YOU WERE NOT BORN BEFORE THIS DATE              
  132                  (insert date and applicable year)                
  133   YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES. 
  134  Upon approval by the division, in lieu of a calendar a dealer
  135  may use card readers, scanners, or other electronic or automated
  136  systems that can verify whether a person is of legal age to
  137  purchase tobacco products or nicotine dispensing devices.
  138  Failure to comply with the provisions contained in this
  139  subsection shall result in imposition of administrative
  140  penalties as provided in s. 569.006.
  141         Section 6. Subsection (3) of section 569.19, Florida
  142  Statutes, is amended to read:
  143         569.19 Annual report.—The division shall report annually
  144  with written findings to the Legislature and the Governor by
  145  December 31, on the progress of implementing the enforcement
  146  provisions of this chapter. This must include, but is not
  147  limited to:
  148         (3) The number of violations for selling tobacco products
  149  or nicotine dispensing devices to persons under age 18, and the
  150  results of administrative hearings on the above and related
  151  issues.
  152         Section 7. This act shall take effect July 1, 2014.
  153  
  154  ================= T I T L E  A M E N D M E N T ================
  155  And the title is amended as follows:
  156         Delete everything before the enacting clause
  157  and insert:
  158                        A bill to be entitled                      
  159         An act relating to nicotine dispensing devices;
  160         amending s. 569.002, F.S.; providing a definition;
  161         amending s. 569.0075, F.S.; prohibiting the gift of
  162         sample nicotine dispensing devices to persons under 18
  163         years of age; amending s. 569.101, F.S.; prohibiting
  164         the selling, delivering, bartering, furnishing, or
  165         giving of nicotine dispensing devices to persons under
  166         18 years of age, to which penalties apply; amending s.
  167         569.11, F.S.; prohibiting persons under 18 years of
  168         age from possessing, purchasing, or misrepresenting
  169         their age or military service to purchase nicotine
  170         dispensing devices; providing civil penalties;
  171         amending s. 569.14, F.S.; requiring certain signage
  172         where a dealer sells nicotine dispensing devices;
  173         amending s. 569.19, F.S.; requiring the Division of
  174         Alcoholic Beverages and Tobacco of the Department of
  175         Business and Professional Regulation to submit the
  176         number of violations for selling nicotine dispensing
  177         devices in its annual report; providing an effective
  178         date.