Florida Senate - 2020 CS for CS for SB 810
By the Committees on Innovation, Industry, and Technology; and
Health Policy; and Senators Simmons and Flores
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; amending s. 569.002, F.S.; revising the
8 definition of the term “tobacco products”; deleting
9 the term “any person under the age of 18”; amending s.
10 569.003, F.S.; revising the age limits for retail
11 tobacco products dealer permits; amending s. 569.007,
12 F.S.; revising prohibitions on the sale of tobacco
13 products from vending machines; conforming provisions
14 to federal law; amending s. 569.101, F.S.; requiring
15 that the age of persons purchasing tobacco products be
16 verified under certain circumstances; repealing s.
17 877.112, F.S., relating to nicotine products and
18 nicotine dispensing devices; amending s. 210.095,
19 F.S.; conforming provisions to federal law; making
20 technical changes; amending ss. 569.0075, 569.008,
21 569.11, 569.12, 569.14, and 569.19, F.S.; conforming
22 provisions to federal law; conforming provisions to
23 changes made by the act; providing a contingent
24 effective date.
26 Be It Enacted by the Legislature of the State of Florida:
28 Section 1. Paragraph (b) of subsection (1) of section
29 210.15, Florida Statutes, is amended to read:
30 210.15 Permits.—
32 (b) Permits shall be issued only to persons of good moral
33 character, who are not less than 21
18 years of age. Permits to
34 corporations shall be issued only to corporations whose officers
35 are of good moral character and not less than 21 18 years of
36 age. There shall be no exemptions from the permit fees herein
37 provided to any persons, association of persons, or corporation,
38 any law to the contrary notwithstanding.
39 Section 2. Subsection (1) of section 386.212, Florida
40 Statutes, is amended to read:
41 386.212 Smoking and vaping prohibited near school property;
43 (1) It is unlawful for any person under 21 18 years of age
44 to smoke tobacco or vape in, on, or within 1,000 feet of the
45 real property comprising a public or private elementary, middle,
46 or secondary school between the hours of 6 a.m. and midnight.
47 This section does not apply to any person occupying a moving
48 vehicle or within a private residence.
49 Section 3. Subsections (6) and (7) of section 569.002,
50 Florida Statutes, are amended to read:
51 569.002 Definitions.—As used in this chapter, the term:
52 (6) “Tobacco products” includes:
53 (a) Any product containing, made of, or derived from
54 tobacco or nicotine that is intended for human consumption or is
55 likely to be consumed, whether inhaled, absorbed, or ingested by
56 any other means, including, but not limited to, a cigarette, a
57 cigar, pipe tobacco, chewing tobacco, snuff, or snus; or
58 (b) Any component, part, or accessory of a product
59 described in paragraph (a), whether or not any of these contain
60 tobacco or nicotine, including, but not limited to, filters,
61 rolling papers, blunt or hemp wraps, and pipes.
63 The term does not include drugs, devices, or combination
64 products authorized for sale by the United States Food and Drug
65 Administration, as those terms are defined in the Federal Food,
66 Drug, and Cosmetic Act loose tobacco leaves, and products made
67 from tobacco leaves, in whole or in part, and cigarette
68 wrappers, which can be used for smoking, sniffing, or chewing.
69 (7) “A ny person under the age of 18” does not include any
70 person under the age of 18 who:
71 (a) Has had his or her disability of nonage removed under
72 chapter 743;
73 (b) Is in the military reserve or on active duty in the
74 Arm ed Forces of the United States;
75 (c) Is otherwise emancipated by a court of competent
76 jurisdiction and released from parental care and responsibility;
78 (d) Is acting in his or her scope of lawful employment with
79 an entity licensed under the provisions of chapter 210 or this
80 chapter .
81 Section 4. Paragraph (a) of subsection (2) of section
82 569.003, Florida Statutes, is amended to read:
83 569.003 Retail tobacco products dealer permits;
84 application; qualifications; fees; renewal; duplicates.—
85 (2)(a) Permits may be issued only to persons who are 21 18
86 years of age or older or to corporations the officers of which
87 are 21 18 years of age or older.
88 Section 5. Subsections (1) and (2) of section 569.007,
89 Florida Statutes, are amended to read:
90 569.007 Sale or delivery of tobacco products;
92 (1) In order to prevent persons under 21 18 years of age
93 from purchasing or receiving tobacco products, the sale or
94 delivery of tobacco products is prohibited, except:
95 (a) When under the direct control or line of sight of the
96 dealer or the dealer’s agent or employee; or
97 (b) Sales from a vending machine are prohibited under the
98 provisions of paragraph (1)(a) and are only permissible from a
99 machine that is located in an establishment that prohibits
100 persons under 21 years of age on the licensed premises at all
101 times equipped with an operational lockout device which is under
102 the control of the dealer or the dealer’s agent or employee who
103 directly regulates the sale of items through the machine by
104 triggering the lockout device to allow the dispensing of one
105 tobacco product. The lockout device must include a mechanism to
106 prevent the machine from functioning if the power source for the
107 lockout device fails or if the lockout device is disabled, and a
108 mechanism to ensure that only one tobacco product is dispensed
109 at a time .
110 (2) The provisions of subsection (1) shall not apply to an
111 establishment that prohibits persons under 18 years of age on
112 the licensed premises.
113 Section 6. Section 569.101, Florida Statutes, is amended to
115 569.101 Selling, delivering, bartering, furnishing, or
116 giving tobacco products to persons under 21 18 years of age;
117 criminal penalties; defense.—
118 (1) It is unlawful to sell, deliver, barter, furnish, or
119 give, directly or indirectly, to any person who is under 21 18
120 years of age, any tobacco product.
121 (2) Any person who violates subsection (1) commits a
122 misdemeanor of the second degree, punishable as provided in s.
123 775.082 or s. 775.083. However, any person who violates
124 subsection (1) for a second or subsequent time within 1 year of
125 the first violation, commits a misdemeanor of the first degree,
126 punishable as provided in s. 775.082 or s. 775.083.
127 (3) A person charged with a violation of subsection (1) has
128 a complete defense if, at the time the tobacco product was sold,
129 delivered, bartered, furnished, or given:
130 (a) The buyer or recipient falsely evidenced that she or he
131 was 21 18 years of age or older;
132 (b) The appearance of the buyer or recipient was such that
133 a prudent person would believe the buyer or recipient to be 21
134 18 years of age or older; and
135 (c) Such person carefully checked a driver license or an
136 identification card issued by this state or another state of the
137 United States, a passport, or a United States armed services
138 identification card presented by the buyer or recipient and
139 acted in good faith and in reliance upon the representation and
140 appearance of the buyer or recipient in the belief that the
141 buyer or recipient was 21 18 years of age or older.
142 (4) A person must verify by means of identification
143 specified in paragraph (3)(c) that a person purchasing a tobacco
144 product is not under 21 years of age. Such verification is not
145 required for any person over the age of 29.
146 Section 7. Section 877.112, Florida Statutes, is repealed.
147 Section 8. Paragraphs (a) and (b) of subsection (5) and
148 paragraphs (e) and (g) of subsection (8) of section 210.095,
149 Florida Statutes, are amended to read:
150 210.095 Mail order, Internet, and remote sales of tobacco
151 products; age verification.—
152 (5) Each person who mails, ships, or otherwise delivers
153 tobacco products in connection with an order for a delivery sale
155 (a) Include as part of the shipping documents, in a clear
156 and conspicuous manner, the following statement: “Tobacco
157 Products: Florida law prohibits shipping to individuals under 21
158 18 years of age and requires the payment of all applicable
160 (b) Use a method of mailing, shipping, or delivery which
161 obligates the delivery service to require:
162 1. The individual submitting the order for the delivery
163 sale or another adult who resides at the individual’s address to
164 sign his or her name to accept delivery of the shipping
165 container. Proof of the legal minimum purchase age of the
166 individual accepting delivery is required only if the individual
167 appears to be under 30 27 years of age.
168 2. Proof that the individual is either the addressee or the
169 adult designated by the addressee, in the form of a valid,
170 government-issued identification card bearing a photograph of
171 the individual who signs to accept delivery of the shipping
174 If the person accepting a purchase order for a delivery sale
175 delivers the tobacco products without using a delivery service,
176 the person must comply with all of the requirements of this
177 section which apply to a delivery service. Any failure to comply
178 with a requirement of this section constitutes a violation
181 (e) A person who, in connection with a delivery sale,
182 delivers tobacco products on behalf of a delivery service to an
183 individual who is not an adult commits a misdemeanor of the
184 second third degree, punishable as provided in s. 775.082 or s.
186 (g) An individual who is not an adult and who knowingly
187 violates any provision of this section commits a misdemeanor of
188 the second third degree, punishable as provided in s. 775.082 or
189 s. 775.083.
190 Section 9. Section 569.0075, Florida Statutes, is amended
191 to read:
192 569.0075 Gift of sample tobacco products prohibited.—The
193 gift of sample tobacco products to any person under the age of
194 21 18 by an entity licensed or permitted under the provisions of
195 chapter 210 or this chapter, or by an employee of such entity,
196 is prohibited and is punishable as provided in s. 569.101.
197 Section 10. Subsection (1), paragraphs (b) and (c) of
198 subsection (2), and subsection (3) of section 569.008, Florida
199 Statutes, are amended to read:
200 569.008 Responsible retail tobacco products dealers;
201 qualifications; mitigation of disciplinary penalties; diligent
202 management and supervision; presumption.—
203 (1) The Legislature intends to prevent the sale of tobacco
204 products to persons under 21 18 years of age and to encourage
205 retail tobacco products dealers to comply with responsible
206 practices in accordance with this section.
207 (2) To qualify as a responsible retail tobacco products
208 dealer, the dealer must establish and implement procedures
209 designed to ensure that the dealer’s employees comply with the
210 provisions of this chapter. The dealer must provide a training
211 program for the dealer’s employees which addresses the use and
212 sale of tobacco products and which includes at least the
213 following topics:
214 (b) Methods of recognizing and handling customers under 21
215 18 years of age.
216 (c) Procedures for proper examination of identification
217 cards in order to verify that customers are not under 21 18
218 years of age.
219 (3) In determining penalties under s. 569.006, the division
220 may mitigate penalties imposed against a dealer because of an
221 employee’s illegal sale of a tobacco product to a person under
222 21 18 years of age if the following conditions are met:
223 (a) The dealer is qualified as a responsible dealer under
224 this section.
225 (b) The dealer provided the training program required under
226 subsection (2) to that employee before the illegal sale
228 (c) The dealer had no knowledge of that employee’s
229 violation at the time of the violation and did not direct,
230 approve, or participate in the violation.
231 (d) If the sale was made through a vending machine, the
232 machine was equipped with an operational lock-out device.
233 Section 11. Section 569.11, Florida Statutes, is amended to
235 569.11 Possession, misrepresenting age or military service
236 to purchase, and purchase of tobacco products by persons under
237 21 18 years of age prohibited; penalties; jurisdiction;
238 disposition of fines.—
239 (1) It is unlawful for any person under 21 18 years of age
240 to knowingly possess any tobacco product. Any person under 21 18
241 years of age who violates this subsection commits a noncriminal
242 violation as provided in s. 775.08(3), punishable by:
243 (a) For a first violation, 16 hours of community service
244 or, instead of community service, a $25 fine. In addition, the
245 person must attend a school-approved anti-tobacco program, if
246 locally available; or
247 (b) For a second or subsequent violation within 12 weeks
248 after the first violation, a $25 fine.
250 Any second or subsequent violation not within the 12-week period
251 after the first violation is punishable as provided for a first
253 (2) It is unlawful for any person under 21 18 years of age
254 to misrepresent his or her age or military service for the
255 purpose of inducing a dealer or an agent or employee of the
256 dealer to sell, give, barter, furnish, or deliver any tobacco
257 product, or to purchase, or attempt to purchase, any tobacco
258 product from a person or a vending machine. Any person under 21
259 18 years of age who violates this subsection commits a
260 noncriminal violation as provided in s. 775.08(3), punishable
262 (a) For a first violation, 16 hours of community service
263 or, instead of community service, a $25 fine and, in addition,
264 the person must attend a school-approved anti-tobacco program,
265 if available; or
266 (b) For a second or subsequent violation within 12 weeks
267 after the first violation, a $25 fine.
269 Any second or subsequent violation not within the 12-week period
270 after the first violation is punishable as provided for a first
272 (3) Any person under 21 18 years of age cited for
273 committing a noncriminal violation under this section must sign
274 and accept a civil citation indicating a promise to appear
275 before the county court or comply with the requirement for
276 paying the fine and must attend a school-approved anti-tobacco
277 program, if locally available. If a fine is assessed for a
278 violation of this section, the fine must be paid within 30 days
279 after the date of the citation or, if a court appearance is
280 mandatory, within 30 days after the date of the hearing.
281 (4) A person charged with a noncriminal violation under
282 this section must appear before the county court or comply with
283 the requirement for paying the fine. The court, after a hearing,
284 shall make a determination as to whether the noncriminal
285 violation was committed. If the court finds the violation was
286 committed, it shall impose an appropriate penalty as specified
287 in subsection (1) or subsection (2). A person who participates
288 in community service shall be considered an employee of the
289 state for the purpose of chapter 440, for the duration of such
291 (5)(a) If a person under 21 18 years of age is found by the
292 court to have committed a noncriminal violation under this
293 section and that person has failed to complete community
294 service, pay the fine as required by paragraph (1)(a) or
295 paragraph (2)(a), or attend a school-approved anti-tobacco
296 program, if locally available, the court may direct the
297 Department of Highway Safety and Motor Vehicles to withhold
298 issuance of or suspend the driver license or driving privilege
299 of that person for a period of 30 consecutive days.
300 (b) If a person under 21 18 years of age is found by the
301 court to have committed a noncriminal violation under this
302 section and that person has failed to pay the applicable fine as
303 required by paragraph (1)(b) or paragraph (2)(b), the court may
304 direct the Department of Highway Safety and Motor Vehicles to
305 withhold issuance of or suspend the driver license or driving
306 privilege of that person for a period of 45 consecutive days.
307 (6) Eighty percent of all civil penalties received by a
308 county court pursuant to this section shall be remitted by the
309 clerk of the court to the Department of Revenue for transfer to
310 the Department of Education to provide for teacher training and
311 for research and evaluation to reduce and prevent the use of
312 tobacco products by children. The remaining 20 percent of civil
313 penalties received by a county court pursuant to this section
314 shall remain with the clerk of the county court to cover
315 administrative costs.
316 Section 12. Paragraph (b) of subsection (2) and subsection
317 (3) of section 569.12, Florida Statutes, are amended to read:
318 569.12 Jurisdiction; tobacco product enforcement officers
319 or agents; enforcement.—
321 (b) A tobacco product enforcement officer is authorized to
322 issue a citation to a person under the age of 21 18 when, based
323 upon personal investigation, the officer has reasonable cause to
324 believe that the person has committed a civil infraction in
325 violation of s. 386.212 or s. 569.11.
326 (3) A correctional probation officer as defined in s.
327 943.10(3) is authorized to issue a citation to a person under
328 the age of 21 18 when, based upon personal investigation, the
329 officer has reasonable cause to believe that the person has
330 committed a civil infraction in violation of s. 569.11.
331 Section 13. Section 569.14, Florida Statutes, is amended to
333 569.14 Posting of a sign stating that the sale of tobacco
334 products to persons under 21 18 years of age is unlawful;
335 enforcement; penalty.—
336 (1) A dealer that sells tobacco products shall post a clear
337 and conspicuous sign in each place of business where such
338 products are sold which substantially states the following:
340 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
341 OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
342 REQUIRED FOR PURCHASE.
344 (2) A dealer that sells tobacco products and nicotine
345 products or nicotine dispensing devices, as defined in s.
346 877.112, may use a sign that substantially states the following:
348 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
349 NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
350 OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED
351 FOR PURCHASE.
353 A dealer that uses a sign as described in this subsection meets
354 the signage requirements of subsection (1) and s. 877.112.
355 (3) The division shall make available to dealers of tobacco
356 products signs that meet the requirements of subsection (1) or
357 subsection (2).
358 (3) (4) Any dealer that sells tobacco products shall provide
359 at the checkout counter in a location clearly visible to the
360 dealer or the dealer’s agent or employee instructional material
361 in a calendar format or similar format to assist in determining
362 whether a person is of legal age to purchase tobacco products.
363 This point of sale material must contain substantially the
364 following language:
366 IF YOU WERE NOT BORN BEFORE THIS DATE
367 (insert date and applicable year)
368 YOU CANNOT BUY TOBACCO PRODUCTS.
370 Upon approval by the division, in lieu of a calendar a dealer
371 may use card readers, scanners, or other electronic or automated
372 systems that can verify whether a person is of legal age to
373 purchase tobacco products. Failure to comply with the provisions
374 contained in this subsection shall result in imposition of
375 administrative penalties as provided in s. 569.006.
376 (4) (5) The division, through its agents and inspectors,
377 shall enforce this section.
378 (5) (6) Any person who fails to comply with subsection (1)
379 is guilty of a misdemeanor of the second degree, punishable as
380 provided in s. 775.082 or s. 775.083.
381 Section 14. Subsections (3) and (4) of section 569.19,
382 Florida Statutes, are amended to read:
383 569.19 Annual report.—The division shall report annually
384 with written findings to the Legislature and the Governor by
385 December 31, on the progress of implementing the enforcement
386 provisions of this chapter. This must include, but is not
387 limited to:
388 (3) The number of violations for selling tobacco products
389 to persons under age 21 18, and the results of administrative
390 hearings on the above and related issues.
391 (4) The number of persons under age 21 18 cited for
392 violations of s. 569.11 and sanctions imposed as a result of
394 Section 15. This act shall take effect October 1, 2020, if
395 SB 1394 or similar legislation is adopted in the same
396 legislative session or an extension thereof and becomes a law.