CS for CS for CS for SB 810 First Engrossed
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.
40 Be It Enacted by the Legislature of the State of Florida:
42 Section 1. Paragraph (b) of subsection (1) of section
43 210.15, Florida Statutes, is amended to read:
44 210.15 Permits.—
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;
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
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;
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.—
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
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;
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 o f 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;
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
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
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.
273 Any second or subsequent violation not within the 12-week period
274 after the first violation is punishable as provided for a first
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
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.
293 Any second or subsequent violation not within the 12-week period
294 after the first violation is punishable as provided for a first
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
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
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
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
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
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.
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
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.—
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
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:
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.
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:
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.
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:
488 IF YOU WERE NOT BORN BEFORE THIS DATE
489 (insert date and applicable year)
490 YOU CANNOT BUY TOBACCO PRODUCTS.
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
516 Section 15. This act shall take effect October 1, 2020.