Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 810
       
       
       
       
       
       
                                Ì5709626Î570962                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/04/2020           .                                
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       The Committee on Innovation, Industry, and Technology (Simmons)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 56 - 405
    4  and insert:
    5  cigar, pipe tobacco, chewing tobacco, snuff, or snus; or
    6         (b)Any component, part, or accessory of a product
    7  described in paragraph (a), whether or not any of these contain
    8  tobacco or nicotine, including, but not limited to, filters,
    9  rolling papers, blunt or hemp wraps, and pipes.
   10  
   11  The term does not include drugs, devices, or combination
   12  products authorized for sale by the United States Food and Drug
   13  Administration, as those terms are defined in the Federal Food,
   14  Drug, and Cosmetic Act loose tobacco leaves, and products made
   15  from tobacco leaves, in whole or in part, and cigarette
   16  wrappers, which can be used for smoking, sniffing, or chewing.
   17         (7)“Any person under the age of 18” does not include any
   18  person under the age of 18 who:
   19         (a) Has had his or her disability of nonage removed under
   20  chapter 743;
   21         (b) Is in the military reserve or on active duty in the
   22  Armed Forces of the United States;
   23         (c) Is otherwise emancipated by a court of competent
   24  jurisdiction and released from parental care and responsibility;
   25  or
   26         (d) Is acting in his or her scope of lawful employment with
   27  an entity licensed under the provisions of chapter 210 or this
   28  chapter.
   29         Section 4. Paragraph (a) of subsection (2) of section
   30  569.003, Florida Statutes, is amended to read:
   31         569.003 Retail tobacco products dealer permits;
   32  application; qualifications; fees; renewal; duplicates.—
   33         (2)(a) Permits may be issued only to persons who are 21 18
   34  years of age or older or to corporations the officers of which
   35  are 21 18 years of age or older.
   36         Section 5. Subsections (1) and (2) of section 569.007,
   37  Florida Statutes, are amended to read:
   38         569.007 Sale or delivery of tobacco products;
   39  restrictions.—
   40         (1) In order to prevent persons under 21 18 years of age
   41  from purchasing or receiving tobacco products, the sale or
   42  delivery of tobacco products is prohibited, except:
   43         (a) When under the direct control or line of sight of the
   44  dealer or the dealer’s agent or employee; or
   45         (b) Sales from a vending machine are prohibited under the
   46  provisions of paragraph (1)(a) and are only permissible from a
   47  machine that is located in an establishment that prohibits
   48  persons under 21 years of age on the licensed premises at all
   49  times equipped with an operational lockout device which is under
   50  the control of the dealer or the dealer’s agent or employee who
   51  directly regulates the sale of items through the machine by
   52  triggering the lockout device to allow the dispensing of one
   53  tobacco product. The lockout device must include a mechanism to
   54  prevent the machine from functioning if the power source for the
   55  lockout device fails or if the lockout device is disabled, and a
   56  mechanism to ensure that only one tobacco product is dispensed
   57  at a time.
   58         (2)The provisions of subsection (1) shall not apply to an
   59  establishment that prohibits persons under 18 years of age on
   60  the licensed premises.
   61         Section 6. Section 569.101, Florida Statutes, is amended to
   62  read:
   63         569.101 Selling, delivering, bartering, furnishing, or
   64  giving tobacco products to persons under 21 18 years of age;
   65  criminal penalties; defense.—
   66         (1) It is unlawful to sell, deliver, barter, furnish, or
   67  give, directly or indirectly, to any person who is under 21 18
   68  years of age, any tobacco product.
   69         (2) Any person who violates subsection (1) commits a
   70  misdemeanor of the second degree, punishable as provided in s.
   71  775.082 or s. 775.083. However, any person who violates
   72  subsection (1) for a second or subsequent time within 1 year of
   73  the first violation, commits a misdemeanor of the first degree,
   74  punishable as provided in s. 775.082 or s. 775.083.
   75         (3) A person charged with a violation of subsection (1) has
   76  a complete defense if, at the time the tobacco product was sold,
   77  delivered, bartered, furnished, or given:
   78         (a) The buyer or recipient falsely evidenced that she or he
   79  was 21 18 years of age or older;
   80         (b) The appearance of the buyer or recipient was such that
   81  a prudent person would believe the buyer or recipient to be 21
   82  18 years of age or older; and
   83         (c) Such person carefully checked a driver license or an
   84  identification card issued by this state or another state of the
   85  United States, a passport, or a United States armed services
   86  identification card presented by the buyer or recipient and
   87  acted in good faith and in reliance upon the representation and
   88  appearance of the buyer or recipient in the belief that the
   89  buyer or recipient was 21 18 years of age or older.
   90         (4) A person must verify by means of identification
   91  specified in paragraph (3)(c) that a person purchasing a tobacco
   92  product is not under 21 years of age. Such verification is not
   93  required for any person over the age of 29.
   94         Section 7. Section 877.112, Florida Statutes, is repealed.
   95         Section 8. Paragraphs (a) and (b) of subsection (5) and
   96  paragraphs (e) and (g) of subsection (8) of section 210.095,
   97  Florida Statutes, are amended to read:
   98         210.095 Mail order, Internet, and remote sales of tobacco
   99  products; age verification.—
  100         (5) Each person who mails, ships, or otherwise delivers
  101  tobacco products in connection with an order for a delivery sale
  102  must:
  103         (a) Include as part of the shipping documents, in a clear
  104  and conspicuous manner, the following statement: “Tobacco
  105  Products: Florida law prohibits shipping to individuals under 21
  106  18 years of age and requires the payment of all applicable
  107  taxes.”
  108         (b) Use a method of mailing, shipping, or delivery which
  109  obligates the delivery service to require:
  110         1. The individual submitting the order for the delivery
  111  sale or another adult who resides at the individual’s address to
  112  sign his or her name to accept delivery of the shipping
  113  container. Proof of the legal minimum purchase age of the
  114  individual accepting delivery is required only if the individual
  115  appears to be under 30 27 years of age.
  116         2. Proof that the individual is either the addressee or the
  117  adult designated by the addressee, in the form of a valid,
  118  government-issued identification card bearing a photograph of
  119  the individual who signs to accept delivery of the shipping
  120  container.
  121  
  122  If the person accepting a purchase order for a delivery sale
  123  delivers the tobacco products without using a delivery service,
  124  the person must comply with all of the requirements of this
  125  section which apply to a delivery service. Any failure to comply
  126  with a requirement of this section constitutes a violation
  127  thereof.
  128         (8)
  129         (e) A person who, in connection with a delivery sale,
  130  delivers tobacco products on behalf of a delivery service to an
  131  individual who is not an adult commits a misdemeanor of the
  132  second third degree, punishable as provided in s. 775.082 or s.
  133  775.083.
  134         (g) An individual who is not an adult and who knowingly
  135  violates any provision of this section commits a misdemeanor of
  136  the second third degree, punishable as provided in s. 775.082 or
  137  s. 775.083.
  138         Section 9. Section 569.0075, Florida Statutes, is amended
  139  to read:
  140         569.0075 Gift of sample tobacco products prohibited.—The
  141  gift of sample tobacco products to any person under the age of
  142  21 18 by an entity licensed or permitted under the provisions of
  143  chapter 210 or this chapter, or by an employee of such entity,
  144  is prohibited and is punishable as provided in s. 569.101.
  145         Section 10. Subsection (1), paragraphs (b) and (c) of
  146  subsection (2), and subsection (3) of section 569.008, Florida
  147  Statutes, are amended to read:
  148         569.008 Responsible retail tobacco products dealers;
  149  qualifications; mitigation of disciplinary penalties; diligent
  150  management and supervision; presumption.—
  151         (1) The Legislature intends to prevent the sale of tobacco
  152  products to persons under 21 18 years of age and to encourage
  153  retail tobacco products dealers to comply with responsible
  154  practices in accordance with this section.
  155         (2) To qualify as a responsible retail tobacco products
  156  dealer, the dealer must establish and implement procedures
  157  designed to ensure that the dealer’s employees comply with the
  158  provisions of this chapter. The dealer must provide a training
  159  program for the dealer’s employees which addresses the use and
  160  sale of tobacco products and which includes at least the
  161  following topics:
  162         (b) Methods of recognizing and handling customers under 21
  163  18 years of age.
  164         (c) Procedures for proper examination of identification
  165  cards in order to verify that customers are not under 21 18
  166  years of age.
  167         (3) In determining penalties under s. 569.006, the division
  168  may mitigate penalties imposed against a dealer because of an
  169  employee’s illegal sale of a tobacco product to a person under
  170  21 18 years of age if the following conditions are met:
  171         (a) The dealer is qualified as a responsible dealer under
  172  this section.
  173         (b) The dealer provided the training program required under
  174  subsection (2) to that employee before the illegal sale
  175  occurred.
  176         (c) The dealer had no knowledge of that employee’s
  177  violation at the time of the violation and did not direct,
  178  approve, or participate in the violation.
  179         (d) If the sale was made through a vending machine, the
  180  machine was equipped with an operational lock-out device.
  181         Section 11. Section 569.11, Florida Statutes, is amended to
  182  read:
  183         569.11 Possession, misrepresenting age or military service
  184  to purchase, and purchase of tobacco products by persons under
  185  21 18 years of age prohibited; penalties; jurisdiction;
  186  disposition of fines.—
  187         (1) It is unlawful for any person under 21 18 years of age
  188  to knowingly possess any tobacco product. Any person under 21 18
  189  years of age who violates this subsection commits a noncriminal
  190  violation as provided in s. 775.08(3), punishable by:
  191         (a) For a first violation, 16 hours of community service
  192  or, instead of community service, a $25 fine. In addition, the
  193  person must attend a school-approved anti-tobacco program, if
  194  locally available; or
  195         (b) For a second or subsequent violation within 12 weeks
  196  after the first violation, a $25 fine.
  197  
  198  Any second or subsequent violation not within the 12-week period
  199  after the first violation is punishable as provided for a first
  200  violation.
  201         (2) It is unlawful for any person under 21 18 years of age
  202  to misrepresent his or her age or military service for the
  203  purpose of inducing a dealer or an agent or employee of the
  204  dealer to sell, give, barter, furnish, or deliver any tobacco
  205  product, or to purchase, or attempt to purchase, any tobacco
  206  product from a person or a vending machine. Any person under 21
  207  18 years of age who violates this subsection commits a
  208  noncriminal violation as provided in s. 775.08(3), punishable
  209  by:
  210         (a) For a first violation, 16 hours of community service
  211  or, instead of community service, a $25 fine and, in addition,
  212  the person must attend a school-approved anti-tobacco program,
  213  if available; or
  214         (b) For a second or subsequent violation within 12 weeks
  215  after the first violation, a $25 fine.
  216  
  217  Any second or subsequent violation not within the 12-week period
  218  after the first violation is punishable as provided for a first
  219  violation.
  220         (3) Any person under 21 18 years of age cited for
  221  committing a noncriminal violation under this section must sign
  222  and accept a civil citation indicating a promise to appear
  223  before the county court or comply with the requirement for
  224  paying the fine and must attend a school-approved anti-tobacco
  225  program, if locally available. If a fine is assessed for a
  226  violation of this section, the fine must be paid within 30 days
  227  after the date of the citation or, if a court appearance is
  228  mandatory, within 30 days after the date of the hearing.
  229         (4) A person charged with a noncriminal violation under
  230  this section must appear before the county court or comply with
  231  the requirement for paying the fine. The court, after a hearing,
  232  shall make a determination as to whether the noncriminal
  233  violation was committed. If the court finds the violation was
  234  committed, it shall impose an appropriate penalty as specified
  235  in subsection (1) or subsection (2). A person who participates
  236  in community service shall be considered an employee of the
  237  state for the purpose of chapter 440, for the duration of such
  238  service.
  239         (5)(a) If a person under 21 18 years of age is found by the
  240  court to have committed a noncriminal violation under this
  241  section and that person has failed to complete community
  242  service, pay the fine as required by paragraph (1)(a) or
  243  paragraph (2)(a), or attend a school-approved anti-tobacco
  244  program, if locally available, the court may direct the
  245  Department of Highway Safety and Motor Vehicles to withhold
  246  issuance of or suspend the driver license or driving privilege
  247  of that person for a period of 30 consecutive days.
  248         (b) If a person under 21 18 years of age is found by the
  249  court to have committed a noncriminal violation under this
  250  section and that person has failed to pay the applicable fine as
  251  required by paragraph (1)(b) or paragraph (2)(b), the court may
  252  direct the Department of Highway Safety and Motor Vehicles to
  253  withhold issuance of or suspend the driver license or driving
  254  privilege of that person for a period of 45 consecutive days.
  255         (6) Eighty percent of all civil penalties received by a
  256  county court pursuant to this section shall be remitted by the
  257  clerk of the court to the Department of Revenue for transfer to
  258  the Department of Education to provide for teacher training and
  259  for research and evaluation to reduce and prevent the use of
  260  tobacco products by children. The remaining 20 percent of civil
  261  penalties received by a county court pursuant to this section
  262  shall remain with the clerk of the county court to cover
  263  administrative costs.
  264         Section 12. Paragraph (b) of subsection (2) and subsection
  265  (3) of section 569.12, Florida Statutes, are amended to read:
  266         569.12 Jurisdiction; tobacco product enforcement officers
  267  or agents; enforcement.—
  268         (2)
  269         (b) A tobacco product enforcement officer is authorized to
  270  issue a citation to a person under the age of 21 18 when, based
  271  upon personal investigation, the officer has reasonable cause to
  272  believe that the person has committed a civil infraction in
  273  violation of s. 386.212 or s. 569.11.
  274         (3) A correctional probation officer as defined in s.
  275  943.10(3) is authorized to issue a citation to a person under
  276  the age of 21 18 when, based upon personal investigation, the
  277  officer has reasonable cause to believe that the person has
  278  committed a civil infraction in violation of s. 569.11.
  279         Section 13. Section 569.14, Florida Statutes, is amended to
  280  read:
  281         569.14 Posting of a sign stating that the sale of tobacco
  282  products to persons under 21 18 years of age is unlawful;
  283  enforcement; penalty.—
  284         (1) A dealer that sells tobacco products shall post a clear
  285  and conspicuous sign in each place of business where such
  286  products are sold which substantially states the following:
  287  
  288         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  289         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  290         REQUIRED FOR PURCHASE.
  291  
  292         (2) A dealer that sells tobacco products and nicotine
  293  products or nicotine dispensing devices, as defined in s.
  294  877.112, may use a sign that substantially states the following:
  295  
  296         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  297         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  298         OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
  299         FOR PURCHASE.
  300  
  301  A dealer that uses a sign as described in this subsection meets
  302  the signage requirements of subsection (1) and s. 877.112.
  303         (3) The division shall make available to dealers of tobacco
  304  products signs that meet the requirements of subsection (1) or
  305  subsection (2).
  306         (3)(4) Any dealer that sells tobacco products shall provide
  307  at the checkout counter in a location clearly visible to the
  308  dealer or the dealer’s agent or employee instructional material
  309  in a calendar format or similar format to assist in determining
  310  whether a person is of legal age to purchase tobacco products.
  311  This point of sale material must contain substantially the
  312  following language:
  313  
  314                IF YOU WERE NOT BORN BEFORE THIS DATE              
  315                  (insert date and applicable year)                
  316                  YOU CANNOT BUY TOBACCO PRODUCTS.                 
  317  
  318  Upon approval by the division, in lieu of a calendar a dealer
  319  may use card readers, scanners, or other electronic or automated
  320  systems that can verify whether a person is of legal age to
  321  purchase tobacco products. Failure to comply with the provisions
  322  contained in this subsection shall result in imposition of
  323  administrative penalties as provided in s. 569.006.
  324         (4)(5) The division, through its agents and inspectors,
  325  shall enforce this section.
  326         (5)(6) Any person who fails to comply with subsection (1)
  327  is guilty of a misdemeanor of the second degree, punishable as
  328  provided in s. 775.082 or s. 775.083.
  329         Section 14. Subsections (3) and (4) of section 569.19,
  330  Florida Statutes, are amended to read:
  331         569.19 Annual report.—The division shall report annually
  332  with written findings to the Legislature and the Governor by
  333  December 31, on the progress of implementing the enforcement
  334  provisions of this chapter. This must include, but is not
  335  limited to:
  336         (3) The number of violations for selling tobacco products
  337  to persons under age 21 18, and the results of administrative
  338  hearings on the above and related issues.
  339         (4) The number of persons under age 21 18 cited for
  340  violations of s. 569.11 and sanctions imposed as a result of
  341  citation.
  342         Section 15. This act shall take effect October 1, 2020, if
  343  SB 1394 or similar legislation is adopted in the same
  344  legislative
  345  
  346  ================= T I T L E  A M E N D M E N T ================
  347  And the title is amended as follows:
  348         Delete lines 8 - 20
  349  and insert:
  350         definition of the term “tobacco products”; deleting
  351         the term “any person under the age of 18”; amending s.
  352         569.003, F.S.; revising the age limits for retail
  353         tobacco products dealer permits; amending s. 569.007,
  354         F.S.; revising prohibitions on the sale of tobacco
  355         products from vending machines; conforming provisions
  356         to federal law; amending s. 569.101, F.S.; requiring
  357         that the age of persons purchasing tobacco products be
  358         verified under certain circumstances; repealing s.
  359         877.112, F.S., relating to nicotine products and
  360         nicotine dispensing devices; amending s. 210.095,
  361         F.S.; conforming provisions to federal law; making
  362         technical changes; amending ss. 569.0075, 569.008,
  363         569.11, 569.12, 569.14,