Florida Senate - 2020                                     SB 694
       By Senator Mayfield
       17-00247D-20                                           2020694__
    1                        A bill to be entitled                      
    2         An act relating to nicotine and tobacco products;
    3         amending s. 569.002, F.S.; defining the term
    4         “electronic smoking device”; redefining the term
    5         “tobacco products”; amending s. 569.007, F.S.;
    6         revising exemptions to the prohibition of the sale or
    7         delivery of tobacco products; deleting a provision
    8         that allows the sale or delivery of tobacco products
    9         from a vending machine equipped with a certain device;
   10         requiring a dealer or the agent of a dealer to require
   11         proof of age of a purchaser of a tobacco product;
   12         creating s. 569.0071, F.S.; defining the term
   13         “flavored e-liquid”; prohibiting a dealer from selling
   14         flavored e-liquid; providing that certain statements
   15         and claims are presumptive evidence that e-liquid is
   16         flavored e-liquid; repealing s. 877.112, F.S.,
   17         relating to nicotine products and nicotine dispensing
   18         devices; amending s. 569.14, F.S.; conforming
   19         provisions to changes made by the act; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Present subsections (3) through (7) of section
   25  569.002, Florida Statutes, are redesignated as subsections (4)
   26  through (8), respectively, a new subsection (3) is added to that
   27  section, and present subsection (6) of that section is amended,
   28  to read:
   29         569.002 Definitions.—As used in this chapter, the term:
   30         (3)“Electronic smoking device” means any device that may
   31  be used to deliver any aerosolized or vaporized substance to a
   32  person inhaling from the device, including, but not limited to,
   33  an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term
   34  includes any component, part, or accessory of the device, and
   35  also includes any substance that may be aerosolized or vaporized
   36  by such device whether or not the substance contains nicotine.
   38  The term does not include any drugs, devices, or combination
   39  products authorized for sale by the United States Food and Drug
   40  Administration, as those terms are defined in the Federal Food,
   41  Drug, and Cosmetic Act.
   42         (7)(6) “Tobacco products” means any products containing,
   43  made from, or derived from tobacco or nicotine which are
   44  intended for human consumption or are likely to be consumed,
   45  whether inhaled, absorbed, or ingested by any other means,
   46  including, but not limited to, a cigarette, pipe tobacco, hookah
   47  and waterpipe tobacco, e-liquid, dissolvable tobacco, nicotine
   48  gel, smokeless tobacco, roll-your-own tobacco, chewing tobacco,
   49  snuff, or snus.
   50         (a)The term includes any component or accessory used in
   51  the consumption of a tobacco product whether or not the
   52  component or accessory contains tobacco or nicotine, including,
   53  but not limited to, electronic smoking devices, filters, rolling
   54  papers, blunt or hemp wraps, hookahs, and pipes.
   55         (b)The term does not include any drugs, devices, or
   56  combination products authorized for sale by the United States
   57  Food and Drug Administration, as those terms are defined in the
   58  Federal Food, Drug, and Cosmetic Act includes loose tobacco
   59  leaves, and products made from tobacco leaves, in whole or in
   60  part, and cigarette wrappers, which can be used for smoking,
   61  sniffing, or chewing.
   62         Section 2. Subsections (1), (2), and (4) of section
   63  569.007, Florida Statutes, are amended to read:
   64         569.007 Sale or delivery of tobacco products;
   65  restrictions.—
   66         (1) In order to prevent persons under 18 years of age from
   67  purchasing or receiving tobacco products, the sale or delivery
   68  of tobacco products is prohibited, except:
   69         (a) When under the direct control or line of sight of the
   70  dealer or the dealer’s agent or employee; and or
   71         (b) In a direct, face-to-face exchange with the dealer or
   72  the dealer’s agent or employee Sales from a vending machine are
   73  prohibited under the provisions of paragraph (1)(a) and are only
   74  permissible from a machine that is equipped with an operational
   75  lockout device which is under the control of the dealer or the
   76  dealer’s agent or employee who directly regulates the sale of
   77  items through the machine by triggering the lockout device to
   78  allow the dispensing of one tobacco product. The lockout device
   79  must include a mechanism to prevent the machine from functioning
   80  if the power source for the lockout device fails or if the
   81  lockout device is disabled, and a mechanism to ensure that only
   82  one tobacco product is dispensed at a time.
   83         (2) The provisions of Subsection (1) does shall not apply
   84  to an establishment that prohibits persons under 18 years of age
   85  on the licensed premises.
   86         (5)(4) A dealer or a dealer’s agent or employee shall may
   87  require proof of age of a purchaser of a tobacco product before
   88  selling the product to that person.
   89         Section 3. Section 569.0071, Florida Statutes, is created
   90  to read:
   91         569.0071 Sale of flavored e-liquid prohibited.—
   92         (1)As used in this section, the term “flavored e-liquid”
   93  means any e-liquid that contains a taste or smell, other than
   94  the taste or smell of tobacco, which is distinguishable by an
   95  ordinary consumer either prior to or during the consumption of
   96  the e-liquid, including, but not limited to, any taste or smell
   97  relating to fruit, menthol, mint, wintergreen, chocolate, cocoa,
   98  vanilla, honey, or any candy, dessert, alcoholic beverage, herb,
   99  or spice.
  100         (2)A dealer may not sell any flavored e-liquid.
  101         (3)A public statement or claim concerning e-liquid is
  102  presumptive evidence that the e-liquid is flavored e-liquid if
  103  the statement or claim:
  104         (a)Is made or disseminated by the manufacturer of the e
  105  liquid or by any person authorized or allowed by the
  106  manufacturer to make or disseminate public statements concerning
  107  the manufacturer’s tobacco products; and
  108         (b)States or claims that the e-liquid has or produces a
  109  taste or smell other than tobacco.
  110         Section 4. Section 877.112, Florida Statutes, is repealed.
  111         Section 5. Subsections (2) and (3) of section 569.14,
  112  Florida Statutes, are amended to read:
  113         569.14 Posting of a sign stating that the sale of tobacco
  114  products to persons under 18 years of age is unlawful;
  115  enforcement; penalty.—
  116         (2) A dealer that sells tobacco products and nicotine
  117  products or nicotine dispensing devices, as defined in s.
  118  877.112, may use a sign that substantially states the following:
  123         FOR PURCHASE.
  125  A dealer that uses a sign as described in this subsection meets
  126  the signage requirements of subsection (1) and s. 877.112.
  127         (2)(3) The division shall make available to dealers of
  128  tobacco products signs that meet the requirements of subsection
  129  (1) or subsection (2).
  130         Section 6. This act shall take effect July 1, 2020.