Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 810
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/05/2020 03:08 PM       .                                

       Senator Simmons moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 75 - 107
    4  and insert:
    5         (7)(6) “Tobacco products” includes:
    6         (a) Loose tobacco leaves, and products made from tobacco
    7  leaves, in whole or in part, and cigarette wrappers, which can
    8  be used for smoking, sniffing, or chewing; and
    9         (b)Any nicotine product or vapor-generating electronic
   10  device.
   11         1.For the purposes of this paragraph, the term:
   12         a.“Vapor-generating electronic device” means any product
   13  that employs an electronic, chemical, or mechanical means
   14  capable of producing vapor or aerosol from a nicotine product or
   15  any other substance, including, but not limited to, an
   16  electronic cigarette, electronic cigar, electronic cigarillo,
   17  electronic pipe, or other similar device or product; any
   18  replacement cartridge for such device; and any other container
   19  of nicotine in a solution or other substance form intended to be
   20  used with or within an electronic cigarette, an electronic
   21  cigar, an electronic cigarillo, an electronic pipe, a vape pen,
   22  an electronic hookah, or other similar device or product. The
   23  term includes any component, part, or accessory of the device
   24  and also includes any substance intended to be aerosolized or
   25  vaporized during the use of the device, whether or not the
   26  substance contains nicotine.
   27         b. ”Nicotine product” means any product that contains
   28  nicotine, including liquid nicotine, which is intended for human
   29  consumption, whether inhaled, chewed, absorbed, dissolved, or
   30  ingested by any means. The term includes vapor-generating
   31  electronic devices.
   32         2. The terms “vapor-generating electronic device” and
   33  “nicotine product” do not include:
   34         a. Tobacco products described in paragraph (a); or
   35         b. Products regulated as a drug or device by the United
   36  States Food and Drug Administration under Chapter V of the
   37  Federal Food, Drug, and Cosmetic Act.
   38         (7)Any person under the age of 18” does not include any
   39  person under the age of 18 who:
   40         (a) Has had his or her disability of nonage removed under
   41  chapter 743;
   42         (b) Is in the military reserve or on active duty in the
   43  Armed Forces of the United States;
   44         (c) Is otherwise emancipated by a court of competent
   45  jurisdiction and released from parental care and responsibility;
   46  or
   47         (d) Is acting in his or her scope of lawful employment with
   48  an entity licensed under the provisions of chapter 210 or this
   49  chapter.
   50         Section 4. Paragraphs (b) and (c) of subsection (1) and
   51  paragraph (a) of subsection (2) of section 569.003, Florida
   52  Statutes, are amended to read:
   53         569.003 Retail tobacco products dealer permits;
   54  application; qualifications; fees; renewal; duplicates.—
   55         (1)
   56         (b) Application for a permit must be made on a form
   57  furnished by the division and must set forth the name under
   58  which the applicant transacts or intends to transact business,
   59  the address of the location of the applicant’s place of business
   60  within the state, and any other information the division
   61  requires. If the applicant has or intends to have more than one
   62  place of business dealing in tobacco products within this state,
   63  a separate application must be made for each place of business.
   64  If the applicant is a firm or an association, the application
   65  must set forth the names and addresses of the persons
   66  constituting the firm or association; if the applicant is a
   67  corporation, the application must set forth the names and
   68  addresses of the principal officers of the corporation. The
   69  application must also set forth any other information prescribed
   70  by the division for the purpose of identifying the applicant
   71  firm, association, or corporation. The application must be
   72  signed and verified by oath or affirmation by the owner, if a
   73  sole proprietor, or, if the owner is a firm, association, or
   74  partnership, by the members or partners thereof, or, if the
   75  owner is a corporation, by an executive officer of the
   76  corporation or by any person authorized by the corporation to
   77  sign the application, together with the written evidence of this
   78  authority. The application for a permit to deal, at retail, in
   79  tobacco products described in s. 569.002(7)(a) must be
   80  accompanied by the annual permit fee prescribed by the division.
   81         (c) Permits shall be issued annually, upon payment of the
   82  annual permit fee prescribed by the division. The division shall
   83  fix the fee for a permit to deal, at retail, in tobacco products
   84  described in s. 569.002(7)(a), in an amount sufficient to meet
   85  the costs incurred by it in carrying out its permitting,
   86  enforcement, and administrative responsibilities under this
   87  chapter, but the fee may not exceed $50. The proceeds of the fee
   88  shall be deposited into the Alcoholic Beverage and Tobacco Trust
   89  Fund.
   91  ================= T I T L E  A M E N D M E N T ================
   92  And the title is amended as follows:
   93         Delete lines 10 - 11
   94  and insert:
   95         products”; defining the terms “vapor-generating
   96         electronic device” and “nicotine product”; deleting
   97         the term “any person under the age of 18”; amending s.
   98         569.003, F.S.; specifying that fees for a retail
   99         tobacco products dealer permit only apply to retailers
  100         dealing in certain tobacco products; revising the age