Florida Senate - 2018                                     SB 994
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00492A-18                                           2018994__
    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         amending s. 569.007, F.S.; authorizing the sale or
    6         delivery of tobacco products in direct, face-to-face
    7         exchanges with dealers or their agents or employees;
    8         removing a provision that allowed the sale or delivery
    9         of tobacco products from a vending machine equipped
   10         with a certain device; adding specified products to
   11         the list of products that are exempt from the direct
   12         sale requirement; prohibiting certain retailers from
   13         placing certain products or devices in an open display
   14         unit unless the unit or the establishment in which the
   15         unit is located meets specific requirements; repealing
   16         s. 877.112, F.S., relating to nicotine products and
   17         nicotine dispensing devices; amending ss. 322.056 and
   18         569.14, F.S.; conforming provisions to changes made by
   19         the act; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (6) of section 569.002, Florida
   24  Statutes, is amended to read:
   25         569.002 Definitions.—As used in this chapter, the term:
   26         (6) “Tobacco products” means all recreational nicotine
   27  products, including, but not limited to, hookah and waterpipe
   28  tobacco, electronic nicotine delivery systems and their
   29  components, e-liquid, dissolvable tobacco, nicotine gel,
   30  smokeless tobacco, cigarettes, cigars, roll-your-own tobacco,
   31  pipe tobacco, includes loose tobacco leaves, and products made
   32  from tobacco leaves, in whole or in part, and cigarette
   33  wrappers, which can be used for smoking, sniffing, or chewing.
   34         Section 2. Section 569.007, Florida Statutes, is amended to
   35  read:
   36         569.007 Sale or delivery of tobacco products;
   37  restrictions.—
   38         (1) In order to prevent persons under 18 years of age from
   39  purchasing or receiving tobacco products, the sale or delivery
   40  of tobacco products is prohibited, except:
   41         (a) When under the direct control or line of sight of the
   42  dealer or the dealer’s agent or employee; and or
   43         (b) In a direct, face-to-face exchange with the dealer or
   44  the dealer’s agent or employee Sales from a vending machine are
   45  prohibited under the provisions of paragraph (1)(a) and are only
   46  permissible from a machine that is equipped with an operational
   47  lockout device which is under the control of the dealer or the
   48  dealer’s agent or employee who directly regulates the sale of
   49  items through the machine by triggering the lockout device to
   50  allow the dispensing of one tobacco product. The lockout device
   51  must include a mechanism to prevent the machine from functioning
   52  if the power source for the lockout device fails or if the
   53  lockout device is disabled, and a mechanism to ensure that only
   54  one tobacco product is dispensed at a time.
   55         (2) The provisions of Subsection (1) does shall not apply
   56  to an establishment that prohibits persons under 18 years of age
   57  on the licensed premises or.
   58         (3) The provisions of subsection (1) shall not apply to the
   59  sale or delivery of cigars, hookah and waterpipe tobacco,
   60  dissolvable tobacco, nicotine gel, and pipe tobacco.
   61         (3) A retailer that sells electronic nicotine delivery
   62  systems or e-liquid may not place such products or devices in an
   63  open display unit unless the unit is located in an area that is
   64  inaccessible to customers or unless the establishment prohibits
   65  persons under 18 years of age on the premises.
   66         (4) A dealer or a dealer’s agent or employee may require
   67  proof of age of a purchaser of a tobacco product before selling
   68  the product to that person.
   69         (5) A wholesale dealer or distributing agent, as those
   70  terms are defined in s. 210.01, or a distributor, as defined in
   71  s. 210.25, may sell or deliver tobacco products only to dealers
   72  who have permits.
   73         Section 3. Section 877.112, Florida Statutes, is repealed.
   74         Section 4. Subsections (2) and (3) of section 322.056,
   75  Florida Statutes, are amended to read:
   76         322.056 Mandatory revocation or suspension of, or delay of
   77  eligibility for, driver license for persons under age 18 found
   78  guilty of certain alcohol, drug, or tobacco offenses;
   79  prohibition.—
   80         (2) If a person under 18 years of age is found by the court
   81  to have committed a noncriminal violation under s. 569.11 or s.
   82  877.112(6) or (7) and that person has failed to comply with the
   83  procedures established in that section by failing to fulfill
   84  community service requirements, failing to pay the applicable
   85  fine, or failing to attend a locally available school-approved
   86  anti-tobacco program, and:
   87         (a) The person is eligible by reason of age for a driver
   88  license or driving privilege, the court shall direct the
   89  department to revoke or to withhold issuance of his or her
   90  driver license or driving privilege as follows:
   91         1. For the first violation, for 30 days.
   92         2. For the second violation within 12 weeks of the first
   93  violation, for 45 days.
   94         (b) The person’s driver license or driving privilege is
   95  under suspension or revocation for any reason, the court shall
   96  direct the department to extend the period of suspension or
   97  revocation by an additional period as follows:
   98         1. For the first violation, for 30 days.
   99         2. For the second violation within 12 weeks of the first
  100  violation, for 45 days.
  101         (c) The person is ineligible by reason of age for a driver
  102  license or driving privilege, the court shall direct the
  103  department to withhold issuance of his or her driver license or
  104  driving privilege as follows:
  105         1. For the first violation, for 30 days.
  106         2. For the second violation within 12 weeks of the first
  107  violation, for 45 days.
  108  
  109  Any second violation of s. 569.11 or s. 877.112(6) or (7) not
  110  within the 12-week period after the first violation will be
  111  treated as a first violation and in the same manner as provided
  112  in this subsection.
  113         (3) If a person under 18 years of age is found by the court
  114  to have committed a third violation of s. 569.11 or s.
  115  877.112(6) or (7) within 12 weeks of the first violation, the
  116  court must direct the Department of Highway Safety and Motor
  117  Vehicles to suspend or withhold issuance of his or her driver
  118  license or driving privilege for 60 consecutive days. Any third
  119  violation of s. 569.11 or s. 877.112(6) or (7) not within the
  120  12-week period after the first violation will be treated as a
  121  first violation and in the same manner as provided in subsection
  122  (2).
  123         Section 5. Subsections (2) and (3) of section 569.14,
  124  Florida Statutes, are amended to read:
  125         569.14 Posting of a sign stating that the sale of tobacco
  126  products to persons under 18 years of age is unlawful;
  127  enforcement; penalty.—
  128         (2) A dealer that sells tobacco products and nicotine
  129  products or nicotine dispensing devices, as defined in s.
  130  877.112, may use a sign that substantially states the following:
  131  
  132         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  133         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  134         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  135         FOR PURCHASE.
  136  
  137  A dealer that uses a sign as described in this subsection meets
  138  the signage requirements of subsection (1) and s. 877.112.
  139         (2)(3) The division shall make available to dealers of
  140  tobacco products signs that meet the requirements of subsection
  141  (1) or subsection (2).
  142         Section 6. This act shall take effect July 1, 2018.