CS for CS for CS for SB 810                      First Engrossed
       
       
       
       
       
       
       
       
       2020810e1
       
    1                        A bill to be entitled                      
    2         An act relating to tobacco and nicotine products;
    3         amending s. 210.15, F.S.; revising the age limits for
    4         permits relating to cigarettes; amending s. 386.212,
    5         F.S.; revising age and time restrictions relating to
    6         the prohibition of smoking and vaping near school
    7         property; revising civil penalties; amending s.
    8         569.002, F.S.; defining the term “liquid nicotine
    9         product”; revising the definition of the term “tobacco
   10         products”; defining the terms “vapor-generating
   11         electronic device” and “nicotine product”; deleting
   12         the term “any person under the age of 18”; amending s.
   13         569.003, F.S.; specifying that fees for a retail
   14         tobacco products dealer permit only apply to retailers
   15         dealing in certain tobacco products; revising the age
   16         limits for retail tobacco products dealer permits;
   17         amending s. 569.007, F.S.; revising prohibitions on
   18         the sale of tobacco products from vending machines;
   19         providing requirements for the delivery of vapor
   20         generating electronic devices and liquid nicotine
   21         products; conforming provisions to federal law;
   22         prohibiting a person from selling, delivering,
   23         bartering, furnishing, or giving flavored liquid
   24         nicotine products to any other person; defining the
   25         term “flavored liquid nicotine product”; providing
   26         applicability; amending s. 569.101, F.S.; requiring
   27         that the age of persons purchasing tobacco products be
   28         verified under certain circumstances; amending s.
   29         569.11, F.S.; revising civil penalties; conforming
   30         provisions to federal law; conforming provisions to
   31         changes made by the act; repealing s. 877.112, F.S.,
   32         relating to nicotine products and nicotine dispensing
   33         devices; amending s. 210.095, F.S.; conforming
   34         provisions to federal law; making technical changes;
   35         amending ss. 569.0075, 569.008, 569.12, 569.14, and
   36         569.19, F.S.; conforming provisions to federal law;
   37         conforming provisions to changes made by the act;
   38         providing an effective date.
   39          
   40  Be It Enacted by the Legislature of the State of Florida:
   41  
   42         Section 1. Paragraph (b) of subsection (1) of section
   43  210.15, Florida Statutes, is amended to read:
   44         210.15 Permits.—
   45         (1)
   46         (b) Permits shall be issued only to persons of good moral
   47  character, who are not less than 21 18 years of age. Permits to
   48  corporations shall be issued only to corporations whose officers
   49  are of good moral character and not less than 21 18 years of
   50  age. There shall be no exemptions from the permit fees herein
   51  provided to any persons, association of persons, or corporation,
   52  any law to the contrary notwithstanding.
   53         Section 2. Subsections (1) and (3) of section 386.212,
   54  Florida Statutes, are amended to read:
   55         386.212 Smoking and vaping prohibited near school property;
   56  penalty.—
   57         (1) It is unlawful for any person under 21 18 years of age
   58  to smoke tobacco or vape in, on, or within 1,000 feet of the
   59  real property comprising a public or private elementary, middle,
   60  or secondary school between the hours of 6 a.m. and midnight.
   61  This section does not apply to any person occupying a moving
   62  vehicle or within a private residence.
   63         (3) Any person issued a citation pursuant to this section
   64  shall be deemed to be charged with a civil infraction punishable
   65  by a maximum civil penalty not to exceed $25, or 50 hours of
   66  community service and, for persons under 18 years of age or,
   67  where available, successful completion of a school-approved
   68  anti-tobacco or anti-vaping “alternative to suspension” program.
   69         Section 3. Present subsections (3) through (6) of section
   70  569.002, Florida Statutes, are redesignated as subsections (4)
   71  through (7), respectively, a new subsection (3) is added to that
   72  section, and present subsections (6) and (7) of section 569.002,
   73  Florida Statutes, are amended to read:
   74         569.002 Definitions.—As used in this chapter, the term:
   75         (3)“Liquid nicotine product” means a tobacco product in
   76  liquid form composed of nicotine and other chemicals or
   77  substances which is sold or offered for sale for use with a
   78  vapor-generating electronic device.
   79         (7)(6) “Tobacco products” includes:
   80         (a) Loose tobacco leaves, and products made from tobacco
   81  leaves, in whole or in part, and cigarette wrappers, which can
   82  be used for smoking, sniffing, or chewing; and
   83         (b) Any nicotine product or vapor-generating electronic
   84  device.
   85         1. For the purposes of this paragraph, the term:
   86         a. “Vapor-generating electronic device” means any product
   87  that employs an electronic, chemical, or mechanical means
   88  capable of producing vapor or aerosol from a nicotine product or
   89  any other substance, including, but not limited to, an
   90  electronic cigarette, electronic cigar, electronic cigarillo,
   91  electronic pipe, or other similar device or product; any
   92  replacement cartridge for such device; and any other container
   93  of nicotine in a solution or other substance form intended to be
   94  used with or within an electronic cigarette, an electronic
   95  cigar, an electronic cigarillo, an electronic pipe, a vape pen,
   96  an electronic hookah, or other similar device or product. The
   97  term includes any component, part, or accessory of the device
   98  and also includes any substance intended to be aerosolized or
   99  vaporized during the use of the device, whether or not the
  100  substance contains nicotine.
  101         b. “Nicotine product” means any product that contains
  102  nicotine, including liquid nicotine, which is intended for human
  103  consumption, whether inhaled, chewed, absorbed, dissolved, or
  104  ingested by any means. The term includes vapor-generating
  105  electronic devices.
  106         2. The terms “vapor-generating electronic device” and
  107  “nicotine product” do not include:
  108         a. Tobacco products described in paragraph (a); or
  109         b. Products regulated as a drug or device by the United
  110  States Food and Drug Administration under Chapter V of the
  111  Federal Food, Drug, and Cosmetic Act.
  112         (7) “Any person under the age of 18” does not include any
  113  person under the age of 18 who:
  114         (a) Has had his or her disability of nonage removed under
  115  chapter 743;
  116         (b) Is in the military reserve or on active duty in the
  117  Armed Forces of the United States;
  118         (c) Is otherwise emancipated by a court of competent
  119  jurisdiction and released from parental care and responsibility;
  120  or
  121         (d) Is acting in his or her scope of lawful employment with
  122  an entity licensed under the provisions of chapter 210 or this
  123  chapter.
  124         Section 4. Paragraphs (b) and (c) of subsection (1) and
  125  paragraph (a) of subsection (2) of section 569.003, Florida
  126  Statutes, are amended to read:
  127         569.003 Retail tobacco products dealer permits;
  128  application; qualifications; fees; renewal; duplicates.—
  129         (1)
  130         (b) Application for a permit must be made on a form
  131  furnished by the division and must set forth the name under
  132  which the applicant transacts or intends to transact business,
  133  the address of the location of the applicant’s place of business
  134  within the state, and any other information the division
  135  requires. If the applicant has or intends to have more than one
  136  place of business dealing in tobacco products within this state,
  137  a separate application must be made for each place of business.
  138  If the applicant is a firm or an association, the application
  139  must set forth the names and addresses of the persons
  140  constituting the firm or association; if the applicant is a
  141  corporation, the application must set forth the names and
  142  addresses of the principal officers of the corporation. The
  143  application must also set forth any other information prescribed
  144  by the division for the purpose of identifying the applicant
  145  firm, association, or corporation. The application must be
  146  signed and verified by oath or affirmation by the owner, if a
  147  sole proprietor, or, if the owner is a firm, association, or
  148  partnership, by the members or partners thereof, or, if the
  149  owner is a corporation, by an executive officer of the
  150  corporation or by any person authorized by the corporation to
  151  sign the application, together with the written evidence of this
  152  authority. The application for a permit to deal, at retail, in
  153  tobacco products described in s. 569.002(7)(a) must be
  154  accompanied by the annual permit fee prescribed by the division.
  155         (c) Permits shall be issued annually, upon payment of the
  156  annual permit fee prescribed by the division. The division shall
  157  fix the fee for a permit to deal, at retail, in tobacco products
  158  described in s. 569.002(7)(a), in an amount sufficient to meet
  159  the costs incurred by it in carrying out its permitting,
  160  enforcement, and administrative responsibilities under this
  161  chapter, but the fee may not exceed $50. The proceeds of the fee
  162  shall be deposited into the Alcoholic Beverage and Tobacco Trust
  163  Fund.
  164         (2)(a) Permits may be issued only to persons who are 21 18
  165  years of age or older or to corporations the officers of which
  166  are 21 18 years of age or older.
  167         Section 5. Subsections (1) and (2) of section 569.007,
  168  Florida Statutes, are amended, and a new subsection (5) is added
  169  to that section, to read:
  170         569.007 Sale or delivery of tobacco products;
  171  restrictions.—
  172         (1)(a) In order to prevent persons under 21 18 years of age
  173  from purchasing or receiving tobacco products, the sale or
  174  delivery of tobacco products is prohibited, except:
  175         1.(a) When under the direct control or line of sight of the
  176  dealer or the dealer’s agent or employee; or
  177         2.(b) Sales from a vending machine are prohibited under
  178  subparagraph 1. the provisions of paragraph (1)(a) and are only
  179  permissible from a machine that is located in an establishment
  180  that prohibits persons under 21 years of age on the licensed
  181  premises at all times.
  182         (b)Sales of vapor-generating electronic devices and liquid
  183  nicotine products, other than as authorized under subparagraph
  184  (a)1., are permissible only if a dealer implements an age
  185  verification procedure that:
  186         1.Before accepting an order for delivery, verifies that
  187  the purchaser is at least 21 years of age using a commercially
  188  available database, or an aggregate of databases, which is
  189  regularly used for the purpose of age and identity verification;
  190  and
  191         2.Employs a second-step age verification to secure
  192  delivery for every order by requiring the signature of the
  193  purchaser upon delivery and verifying that the credit card or
  194  debit card used for the purchase has been issued in the
  195  purchaser’s name and that the delivery address is associated
  196  with the purchaser’s credit card or debit card equipped with an
  197  operational lockout device which is under the control of the
  198  dealer or the dealer’s agent or employee who directly regulates
  199  the sale of items through the machine by triggering the lockout
  200  device to allow the dispensing of one tobacco product. The
  201  lockout device must include a mechanism to prevent the machine
  202  from functioning if the power source for the lockout device
  203  fails or if the lockout device is disabled, and a mechanism to
  204  ensure that only one tobacco product is dispensed at a time.
  205         (2)The provisions of subsection (1) shall not apply to an
  206  establishment that prohibits persons under 18 years of age on
  207  the licensed premises.
  208         (5)(a)A person may not sell, deliver, barter, furnish, or
  209  give, directly or indirectly, flavored liquid nicotine products
  210  to any other person. For the purposes of this subsection, the
  211  term “flavored liquid nicotine product” means a liquid nicotine
  212  product containing a natural or artificial constituent or
  213  additive that causes the liquid or its vapor to have a
  214  distinguishable taste or aroma other than tobacco or menthol,
  215  including, but not limited to, fruit, chocolate, vanilla, honey,
  216  candy, cocoa, a dessert, an alcoholic beverage, an herb or
  217  spice, or any combination thereof.
  218         (b)This subsection does not apply to the sale, shipment,
  219  or transport of any product that receives a marketing order
  220  issued by the United States Food and Drug Administration under
  221  21 U.S.C. s. 387j.
  222         Section 6. Section 569.101, Florida Statutes, is amended to
  223  read:
  224         569.101 Selling, delivering, bartering, furnishing, or
  225  giving tobacco products to persons under 21 18 years of age;
  226  criminal penalties; defense.—
  227         (1) It is unlawful to sell, deliver, barter, furnish, or
  228  give, directly or indirectly, to any person who is under 21 18
  229  years of age, any tobacco product.
  230         (2) Any person who violates subsection (1) commits a
  231  misdemeanor of the second degree, punishable as provided in s.
  232  775.082 or s. 775.083. However, any person who violates
  233  subsection (1) for a second or subsequent time within 1 year of
  234  the first violation, commits a misdemeanor of the first degree,
  235  punishable as provided in s. 775.082 or s. 775.083.
  236         (3) A person charged with a violation of subsection (1) has
  237  a complete defense if, at the time the tobacco product was sold,
  238  delivered, bartered, furnished, or given:
  239         (a) The buyer or recipient falsely evidenced that she or he
  240  was 21 18 years of age or older;
  241         (b) The appearance of the buyer or recipient was such that
  242  a prudent person would believe the buyer or recipient to be 21
  243  18 years of age or older; and
  244         (c) Such person carefully checked a driver license or an
  245  identification card issued by this state or another state of the
  246  United States, a passport, or a United States armed services
  247  identification card presented by the buyer or recipient and
  248  acted in good faith and in reliance upon the representation and
  249  appearance of the buyer or recipient in the belief that the
  250  buyer or recipient was 21 18 years of age or older.
  251         (4) A person must verify by means of identification
  252  specified in paragraph (3)(c) that a person purchasing a tobacco
  253  product is not under 21 years of age. Such verification is not
  254  required for any person over the age of 29.
  255         Section 7. Section 569.11, Florida Statutes, is amended to
  256  read:
  257         569.11 Possession, misrepresenting age or military service
  258  to purchase, and purchase of tobacco products by persons under
  259  21 18 years of age prohibited; penalties; jurisdiction;
  260  disposition of fines.—
  261         (1) It is unlawful for any person under 21 18 years of age
  262  to knowingly possess any tobacco product. Any person under 21 18
  263  years of age who violates this subsection commits a noncriminal
  264  violation as provided in s. 775.08(3), punishable by:
  265         (a) For a first violation, 16 hours of community service
  266  or, instead of community service, a $25 fine. In addition, if
  267  the person is under 18 years of age, the person must attend a
  268  school-approved anti-vaping or anti-tobacco program, if locally
  269  available; or
  270         (b) For a second or subsequent violation within 12 weeks
  271  after the first violation, a $25 fine.
  272  
  273  Any second or subsequent violation not within the 12-week period
  274  after the first violation is punishable as provided for a first
  275  violation.
  276         (2) It is unlawful for any person under 21 18 years of age
  277  to misrepresent his or her age or military service for the
  278  purpose of inducing a dealer or an agent or employee of the
  279  dealer to sell, give, barter, furnish, or deliver any tobacco
  280  product, or to purchase, or attempt to purchase, any tobacco
  281  product from a person or a vending machine. Any person under 21
  282  18 years of age who violates this subsection commits a
  283  noncriminal violation as provided in s. 775.08(3), punishable
  284  by:
  285         (a) For a first violation, 16 hours of community service
  286  or, instead of community service, a $25 fine and, in addition,
  287  if the person is under 18 years of age, the person must attend a
  288  school-approved anti-vaping or anti-tobacco program, if
  289  available; or
  290         (b) For a second or subsequent violation within 12 weeks
  291  after the first violation, a $25 fine.
  292  
  293  Any second or subsequent violation not within the 12-week period
  294  after the first violation is punishable as provided for a first
  295  violation.
  296         (3) Any person under 21 18 years of age cited for
  297  committing a noncriminal violation under this section must sign
  298  and accept a civil citation indicating a promise to appear
  299  before the county court or comply with the requirement for
  300  paying the fine and, if the person is under 18 years of age,
  301  must attend a school-approved anti-vaping or anti-tobacco
  302  program, if locally available. If a fine is assessed for a
  303  violation of this section, the fine must be paid within 30 days
  304  after the date of the citation or, if a court appearance is
  305  mandatory, within 30 days after the date of the hearing.
  306         (4) A person charged with a noncriminal violation under
  307  this section must appear before the county court or comply with
  308  the requirement for paying the fine. The court, after a hearing,
  309  shall make a determination as to whether the noncriminal
  310  violation was committed. If the court finds the violation was
  311  committed, it shall impose an appropriate penalty as specified
  312  in subsection (1) or subsection (2). A person who participates
  313  in community service shall be considered an employee of the
  314  state for the purpose of chapter 440, for the duration of such
  315  service.
  316         (5)(a) If a person under 21 18 years of age is found by the
  317  court to have committed a noncriminal violation under this
  318  section and that person has failed to complete community
  319  service, pay the fine as required by paragraph (1)(a) or
  320  paragraph (2)(a), or, if the person is under 18 years of age,
  321  attend a school-approved anti-vaping or anti-tobacco program, if
  322  locally available, the court may direct the Department of
  323  Highway Safety and Motor Vehicles to withhold issuance of or
  324  suspend the driver license or driving privilege of that person
  325  for a period of 30 consecutive days.
  326         (b) If a person under 21 18 years of age is found by the
  327  court to have committed a noncriminal violation under this
  328  section and that person has failed to pay the applicable fine as
  329  required by paragraph (1)(b) or paragraph (2)(b), the court may
  330  direct the Department of Highway Safety and Motor Vehicles to
  331  withhold issuance of or suspend the driver license or driving
  332  privilege of that person for a period of 45 consecutive days.
  333         (6) Eighty percent of all civil penalties received by a
  334  county court pursuant to this section shall be remitted by the
  335  clerk of the court to the Department of Revenue for transfer to
  336  the Department of Education to provide for teacher training and
  337  for research and evaluation to reduce and prevent the use of
  338  tobacco products by children. The remaining 20 percent of civil
  339  penalties received by a county court pursuant to this section
  340  shall remain with the clerk of the county court to cover
  341  administrative costs.
  342         Section 8. Section 877.112, Florida Statutes, is repealed.
  343         Section 9. Paragraphs (a) and (b) of subsection (5) and
  344  paragraphs (e) and (g) of subsection (8) of section 210.095,
  345  Florida Statutes, are amended to read:
  346         210.095 Mail order, Internet, and remote sales of tobacco
  347  products; age verification.—
  348         (5) Each person who mails, ships, or otherwise delivers
  349  tobacco products in connection with an order for a delivery sale
  350  must:
  351         (a) Include as part of the shipping documents, in a clear
  352  and conspicuous manner, the following statement: “Tobacco
  353  Products: Florida law prohibits shipping to individuals under 21
  354  18 years of age and requires the payment of all applicable
  355  taxes.”
  356         (b) Use a method of mailing, shipping, or delivery which
  357  obligates the delivery service to require:
  358         1. The individual submitting the order for the delivery
  359  sale or another adult who resides at the individual’s address to
  360  sign his or her name to accept delivery of the shipping
  361  container. Proof of the legal minimum purchase age of the
  362  individual accepting delivery is required only if the individual
  363  appears to be under 30 27 years of age.
  364         2. Proof that the individual is either the addressee or the
  365  adult designated by the addressee, in the form of a valid,
  366  government-issued identification card bearing a photograph of
  367  the individual who signs to accept delivery of the shipping
  368  container.
  369  
  370  If the person accepting a purchase order for a delivery sale
  371  delivers the tobacco products without using a delivery service,
  372  the person must comply with all of the requirements of this
  373  section which apply to a delivery service. Any failure to comply
  374  with a requirement of this section constitutes a violation
  375  thereof.
  376         (8)
  377         (e) A person who, in connection with a delivery sale,
  378  delivers tobacco products on behalf of a delivery service to an
  379  individual who is not an adult commits a misdemeanor of the
  380  second third degree, punishable as provided in s. 775.082 or s.
  381  775.083.
  382         (g) An individual who is not an adult and who knowingly
  383  violates any provision of this section commits a misdemeanor of
  384  the second third degree, punishable as provided in s. 775.082 or
  385  s. 775.083.
  386         Section 10. Section 569.0075, Florida Statutes, is amended
  387  to read:
  388         569.0075 Gift of sample tobacco products prohibited.—The
  389  gift of sample tobacco products to any person under the age of
  390  21 18 by an entity licensed or permitted under the provisions of
  391  chapter 210 or this chapter, or by an employee of such entity,
  392  is prohibited and is punishable as provided in s. 569.101.
  393         Section 11. Subsection (1), paragraphs (b) and (c) of
  394  subsection (2), and subsection (3) of section 569.008, Florida
  395  Statutes, are amended to read:
  396         569.008 Responsible retail tobacco products dealers;
  397  qualifications; mitigation of disciplinary penalties; diligent
  398  management and supervision; presumption.—
  399         (1) The Legislature intends to prevent the sale of tobacco
  400  products to persons under 21 18 years of age and to encourage
  401  retail tobacco products dealers to comply with responsible
  402  practices in accordance with this section.
  403         (2) To qualify as a responsible retail tobacco products
  404  dealer, the dealer must establish and implement procedures
  405  designed to ensure that the dealer’s employees comply with the
  406  provisions of this chapter. The dealer must provide a training
  407  program for the dealer’s employees which addresses the use and
  408  sale of tobacco products and which includes at least the
  409  following topics:
  410         (b) Methods of recognizing and handling customers under 21
  411  18 years of age.
  412         (c) Procedures for proper examination of identification
  413  cards in order to verify that customers are not under 21 18
  414  years of age.
  415         (3) In determining penalties under s. 569.006, the division
  416  may mitigate penalties imposed against a dealer because of an
  417  employee’s illegal sale of a tobacco product to a person under
  418  21 18 years of age if the following conditions are met:
  419         (a) The dealer is qualified as a responsible dealer under
  420  this section.
  421         (b) The dealer provided the training program required under
  422  subsection (2) to that employee before the illegal sale
  423  occurred.
  424         (c) The dealer had no knowledge of that employee’s
  425  violation at the time of the violation and did not direct,
  426  approve, or participate in the violation.
  427         (d) If the sale was made through a vending machine, the
  428  machine was equipped with an operational lock-out device.
  429         Section 12. Paragraph (b) of subsection (2), subsection
  430  (3), and paragraph (g) of subsection (4) of section 569.12,
  431  Florida Statutes, are amended to read:
  432         569.12 Jurisdiction; tobacco product enforcement officers
  433  or agents; enforcement.—
  434         (2)
  435         (b) A tobacco product enforcement officer is authorized to
  436  issue a citation to a person under the age of 21 18 when, based
  437  upon personal investigation, the officer has reasonable cause to
  438  believe that the person has committed a civil infraction in
  439  violation of s. 386.212 or s. 569.11.
  440         (3) A correctional probation officer as defined in s.
  441  943.10(3) is authorized to issue a citation to a person under
  442  the age of 21 18 when, based upon personal investigation, the
  443  officer has reasonable cause to believe that the person has
  444  committed a civil infraction in violation of s. 569.11.
  445         (4) A citation issued to any person violating the
  446  provisions of s. 569.11 shall be in a form prescribed by the
  447  Division of Alcoholic Beverages and Tobacco of the Department of
  448  Business and Professional Regulation and shall contain:
  449         (g) The procedure for the person to follow in order to
  450  contest the citation, perform the required community service,
  451  attend the required anti-vaping or anti-tobacco program, or to
  452  pay the civil penalty.
  453         Section 13. Section 569.14, Florida Statutes, is amended to
  454  read:
  455         569.14 Posting of a sign stating that the sale of tobacco
  456  products to persons under 21 18 years of age is unlawful;
  457  enforcement; penalty.—
  458         (1) A dealer that sells tobacco products shall post a clear
  459  and conspicuous sign in each place of business where such
  460  products are sold which substantially states the following:
  461  
  462         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  463         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  464         REQUIRED FOR PURCHASE.
  465  
  466         (2) A dealer that sells tobacco products and nicotine
  467  products or nicotine dispensing devices, as defined in s.
  468  877.112, may use a sign that substantially states the following:
  469  
  470         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  471         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  472         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  473         FOR PURCHASE.
  474  
  475  A dealer that uses a sign as described in this subsection meets
  476  the signage requirements of subsection (1) and s. 877.112.
  477         (3) The division shall make available to dealers of tobacco
  478  products signs that meet the requirements of subsection (1) or
  479  subsection (2).
  480         (3)(4) Any dealer that sells tobacco products shall provide
  481  at the checkout counter in a location clearly visible to the
  482  dealer or the dealer’s agent or employee instructional material
  483  in a calendar format or similar format to assist in determining
  484  whether a person is of legal age to purchase tobacco products.
  485  This point of sale material must contain substantially the
  486  following language:
  487  
  488                IF YOU WERE NOT BORN BEFORE THIS DATE              
  489                  (insert date and applicable year)                
  490                  YOU CANNOT BUY TOBACCO PRODUCTS.                 
  491  
  492  Upon approval by the division, in lieu of a calendar a dealer
  493  may use card readers, scanners, or other electronic or automated
  494  systems that can verify whether a person is of legal age to
  495  purchase tobacco products. Failure to comply with the provisions
  496  contained in this subsection shall result in imposition of
  497  administrative penalties as provided in s. 569.006.
  498         (4)(5) The division, through its agents and inspectors,
  499  shall enforce this section.
  500         (5)(6) Any person who fails to comply with subsection (1)
  501  is guilty of a misdemeanor of the second degree, punishable as
  502  provided in s. 775.082 or s. 775.083.
  503         Section 14. Subsections (3) and (4) of section 569.19,
  504  Florida Statutes, are amended to read:
  505         569.19 Annual report.—The division shall report annually
  506  with written findings to the Legislature and the Governor by
  507  December 31, on the progress of implementing the enforcement
  508  provisions of this chapter. This must include, but is not
  509  limited to:
  510         (3) The number of violations for selling tobacco products
  511  to persons under age 21 18, and the results of administrative
  512  hearings on the above and related issues.
  513         (4) The number of persons under age 21 18 cited for
  514  violations of s. 569.11 and sanctions imposed as a result of
  515  citation.
  516         Section 15. This act shall take effect October 1, 2020.