Florida Senate - 2021                      CS for CS for SB 1080
       
       
        
       By the Committees on Health Policy; and Regulated Industries;
       and Senator Hutson
       
       
       
       
       588-03328-21                                          20211080c2
    1                        A bill to be entitled                      
    2         An act relating to tobacco and nicotine products;
    3         amending s. 210.095, F.S.; deleting the definition of
    4         the term “adult”; revising age limitations relating to
    5         mail order, Internet, and remote sales of tobacco
    6         products; amending s. 210.15, F.S.; requiring permits
    7         to be issued to persons or corporations whose officers
    8         are not under 21 years of age; amending s. 386.212,
    9         F.S.; providing that it is unlawful for persons under
   10         21 years of age to smoke tobacco or vape in, on, or
   11         within 1,000 feet of the real property comprising a
   12         public or private elementary, middle, or secondary
   13         school during specified hours; renaming ch. 569, F.S.;
   14         providing directives to the Division of Law Revision;
   15         amending s. 569.002, F.S.; defining the terms
   16         “nicotine product” and “nicotine dispensing device”;
   17         conforming provisions to changes made by the act;
   18         creating s. 569.0025, F.S.; preempting the
   19         establishment of the minimum age for purchasing and
   20         possessing, and the regulation for the marketing,
   21         sale, or delivery of, tobacco products to the state;
   22         amending ss. 569.003, 569.004, and 569.006, F.S.;
   23         conforming provisions to changes made by the act;
   24         amending s. 569.007, F.S.; revising age limitations
   25         relating to the sale and delivery of tobacco products;
   26         revising applicability; amending s. 569.0075, F.S.;
   27         revising age limitations relating to gifting sample
   28         tobacco products; amending s. 569.008, F.S.; revising
   29         legislative intent; revising qualification
   30         requirements for responsible retail tobacco products
   31         dealers; conforming provisions to changes made by the
   32         act; amending s. 569.009, F.S.; conforming a provision
   33         to changes made by the act; amending s. 569.101, F.S.;
   34         revising age limitations relating to selling,
   35         delivering, bartering, furnishing, or giving tobacco
   36         products to certain persons; amending s. 569.11, F.S.;
   37         revising age limitations relating to possessing and
   38         obtaining tobacco products; amending s. 569.12, F.S.;
   39         expanding the authority of tobacco product enforcement
   40         officers to include nicotine products; amending s.
   41         569.14, F.S.; revising requirements for signage
   42         relating to tobacco products, nicotine products, and
   43         nicotine dispensing devices; conforming provisions to
   44         changes made by the act; amending s. 569.19, F.S.;
   45         conforming provisions to changes made by the act;
   46         creating s. 569.31, F.S.; defining terms; creating s.
   47         569.315, F.S.; preempting the establishment of the
   48         minimum age for purchasing and possessing, and the
   49         regulation for the marketing, sale, or delivery of,
   50         nicotine products to the state; creating s. 569.32,
   51         F.S.; requiring retail nicotine product dealers to
   52         acquire a permit; providing requirements and
   53         authorizations for such permit; creating s. 569.33,
   54         F.S.; specifying that an applicant for a retail
   55         nicotine products dealer permit consents to certain
   56         inspections and searches upon accepting such permit;
   57         creating s. 569.34, F.S.; prohibiting certain persons,
   58         firms, associations, or corporations from operating
   59         without a permit; providing civil penalties; creating
   60         s. 569.35, F.S.; providing administrative penalties
   61         for retail nicotine product dealers under certain
   62         circumstances; requiring the Division of Alcoholic
   63         Beverages and Tobacco to deposit funds collected from
   64         administrative fines into the General Revenue Fund;
   65         creating s. 569.37, F.S.; providing restrictions on
   66         the sale or delivery of nicotine products; creating s.
   67         569.38, F.S.; prohibiting certain persons from gifting
   68         sample nicotine products to persons under a specified
   69         age; creating s. 569.381, F.S.; providing legislative
   70         intent; providing requirements for a dealer to qualify
   71         as a responsible retail nicotine products dealer;
   72         authorizing the division to mitigate certain
   73         penalties; requiring the division to develop and make
   74         available a nicotine products training program;
   75         requiring dealers to exercise diligence in the
   76         management and supervision of their premises and the
   77         supervision and training of certain persons; creating
   78         s. 569.39, F.S.; requiring the division to adopt
   79         rules; creating ss. 569.41 and 569.42, F.S.; providing
   80         civil and criminal penalties relating to selling,
   81         delivering, bartering, furnishing, or giving nicotine
   82         products to certain persons and possessing and
   83         acquiring nicotine products, respectively; creating s.
   84         569.43, F.S.; providing signage requirements relating
   85         to the sale of nicotine products or nicotine
   86         dispensing devices; providing criminal penalties;
   87         creating s. 569.44, F.S.; requiring the division to
   88         provide an annual report containing specified
   89         information to the Governor and the Legislature;
   90         creating s. 569.45, F.S.; defining terms; providing
   91         requirements for mail order, Internet, and remote
   92         sales of nicotine products; providing applicability;
   93         providing criminal penalties; repealing s. 877.112,
   94         F.S., relating to nicotine products and nicotine
   95         dispensing devices; providing an effective date.
   96          
   97  Be It Enacted by the Legislature of the State of Florida:
   98  
   99         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
  100  and (c) of subsection (2), paragraph (a) of subsection (3),
  101  paragraph (a) of subsection (4), paragraphs (a) and (b) of
  102  subsection (5), and paragraphs (a), (b), (e), and (g) of
  103  subsection (8) of section 210.095, Florida Statutes, are amended
  104  to read:
  105         210.095 Mail order, Internet, and remote sales of tobacco
  106  products; age verification.—
  107         (1) For purposes of this section, the term:
  108         (a) “Adult” means an individual who is at least of the
  109  legal minimum purchase age for tobacco products.
  110         (2)
  111         (a) A sale of tobacco products constituting a delivery sale
  112  pursuant to paragraph (1)(b) (1)(c) is a delivery sale
  113  regardless of whether the person accepting the order for the
  114  delivery sale is located inside or outside this state.
  115         (c) A person may not make a delivery sale of tobacco
  116  products to any individual who is not 21 years of age or older
  117  an adult.
  118         (3) A person may not mail, ship, or otherwise deliver
  119  tobacco products in connection with an order for a delivery sale
  120  unless, before the first delivery to the consumer, the person
  121  accepting the order for the delivery sale:
  122         (a) Obtains from the individual submitting the order a
  123  certification that includes:
  124         1. Reliable confirmation that the individual is 21 years of
  125  age or older an adult; and
  126         2. A statement signed by the individual in writing and
  127  under penalty of perjury which:
  128         a. Certifies the address and date of birth of the
  129  individual; and
  130         b. Confirms that the individual wants to receive delivery
  131  sales from a tobacco company and understands that, under the
  132  laws of this state, the following actions are illegal:
  133         (I) Signing another individual’s name to the certification;
  134         (II) Selling tobacco products to individuals under the
  135  legal minimum purchase age; and
  136         (III) Purchasing tobacco products, if the person making the
  137  purchase is under the legal minimum purchase age.
  138  
  139  In addition to the requirements of this subsection, a person
  140  accepting an order for a delivery sale may request that a
  141  consumer provide an electronic mail address.
  142         (4) The notice described in paragraph (3)(c) must include
  143  prominent and clearly legible statements that sales of tobacco
  144  products are:
  145         (a) Illegal if made to individuals who are not 21 years of
  146  age or older adults.
  147  
  148  The notice must include an explanation of how each tax has been,
  149  or is to be, paid with respect to the delivery sale.
  150         (5) Each person who mails, ships, or otherwise delivers
  151  tobacco products in connection with an order for a delivery sale
  152  must:
  153         (a) Include as part of the shipping documents, in a clear
  154  and conspicuous manner, the following statement: “Tobacco
  155  Products: Florida law prohibits shipping to individuals under 21
  156  18 years of age and requires the payment of all applicable
  157  taxes.”
  158         (b) Use a method of mailing, shipping, or delivery which
  159  obligates the delivery service to require:
  160         1. The individual submitting the order for the delivery
  161  sale or another individual who is 21 years of age or older adult
  162  who resides at the individual’s address to sign his or her name
  163  to accept delivery of the shipping container. Proof of the legal
  164  minimum purchase age of the individual accepting delivery is
  165  required only if the individual appears to be under 30 27 years
  166  of age.
  167         2. Proof that the individual is either the addressee or the
  168  individual who is 21 years of age or older adult designated by
  169  the addressee, in the form of a valid, government-issued
  170  identification card bearing a photograph of the individual who
  171  signs to accept delivery of the shipping container.
  172  
  173  If the person accepting a purchase order for a delivery sale
  174  delivers the tobacco products without using a delivery service,
  175  the person must comply with all of the requirements of this
  176  section which apply to a delivery service. Any failure to comply
  177  with a requirement of this section constitutes a violation
  178  thereof.
  179         (8)(a) Except as otherwise provided in this section, a
  180  violation of this section by a person other than an individual
  181  who is not 21 years of age or older an adult is a misdemeanor of
  182  the first degree, punishable as provided in s. 775.082 or s.
  183  775.083, and:
  184         1. For a first violation of this section, the person shall
  185  be fined $1,000 or five times the retail value of the tobacco
  186  products involved in the violation, whichever is greater.
  187         2. For a second or subsequent violation of this section,
  188  the person shall be fined $5,000 or five times the retail value
  189  of the tobacco products involved in the violation, whichever is
  190  greater.
  191         (b) A person who is 21 years of age or older an adult and
  192  knowingly submits a false certification under subsection (3)
  193  commits a misdemeanor of the first degree, punishable as
  194  provided in s. 775.082 or s. 775.083. For each offense, the
  195  person shall be fined $10,000 or five times the retail value of
  196  the tobacco products involved in the violation, whichever is
  197  greater.
  198         (e) A person who, in connection with a delivery sale,
  199  delivers tobacco products on behalf of a delivery service to an
  200  individual who is not 21 years of age or older an adult commits
  201  a misdemeanor of the second third degree, punishable as provided
  202  in s. 775.082 or s. 775.083.
  203         (g) An individual who is not 21 years of age or older an
  204  adult and who knowingly violates any provision of this section
  205  commits a misdemeanor of the second third degree, punishable as
  206  provided in s. 775.082 or s. 775.083.
  207         Section 2. Paragraph (b) of subsection (1) of section
  208  210.15, Florida Statutes, is amended to read:
  209         210.15 Permits.—
  210         (1)
  211         (b) Permits shall be issued only to persons of good moral
  212  character who are not less than 21 18 years of age. Permits to
  213  corporations shall be issued only to corporations whose officers
  214  are of good moral character and not less than 21 18 years of
  215  age. There shall be no exemptions from the permit fees herein
  216  provided to any persons, association of persons, or corporation,
  217  any law to the contrary notwithstanding.
  218         Section 3. Subsection (1) of section 386.212, Florida
  219  Statutes, is amended to read:
  220         386.212 Smoking and vaping prohibited near school property;
  221  penalty.—
  222         (1) It is unlawful for any person under 21 18 years of age
  223  to smoke tobacco or vape in, on, or within 1,000 feet of the
  224  real property comprising a public or private elementary, middle,
  225  or secondary school between the hours of 6 a.m. and midnight.
  226  This section does not apply to any person occupying a moving
  227  vehicle or within a private residence.
  228         Section 4. Chapter 569, Florida Statutes, entitled “Tobacco
  229  Products,” is renamed “Tobacco and Nicotine Products.”
  230         Section 5. The Division of Law Revision is directed to:
  231         (1)Create part I of chapter 569, Florida Statutes,
  232  consisting of ss. 569.002-569.23, Florida Statutes, to be
  233  entitled “Tobacco Products.”
  234         (2)Create part II of chapter 569, Florida Statutes,
  235  consisting of ss. 569.31-569.45, Florida Statutes, to be
  236  entitled “Nicotine Products.”
  237         Section 6. Section 569.002, Florida Statutes, is amended to
  238  read:
  239         569.002 Definitions.—As used in this part chapter, the
  240  term:
  241         (1) “Dealer” is synonymous with the term “retail tobacco
  242  products dealer.”
  243         (2) “Division” means the Division of Alcoholic Beverages
  244  and Tobacco of the Department of Business and Professional
  245  Regulation.
  246         (3) “Nicotine product” has the same meaning as provided in
  247  s. 569.31(4).
  248         (4)“Nicotine dispensing device” has the same meaning as
  249  provided in s. 569.31(3).
  250         (5) “Permit” is synonymous with the term “retail tobacco
  251  products dealer permit.”
  252         (6)(4) “Retail tobacco products dealer” means the holder of
  253  a retail tobacco products dealer permit.
  254         (7)(5) “Retail tobacco products dealer permit” means a
  255  permit issued by the division pursuant to s. 569.003.
  256         (8)(6) “Tobacco products” includes loose tobacco leaves,
  257  and products made from tobacco leaves, in whole or in part, and
  258  cigarette wrappers, which can be used for smoking, sniffing, or
  259  chewing.
  260         (9)(7) “Any person under the age of 21 18” does not include
  261  any person under the age of 21 18 who:
  262         (a) Has had his or her disability of nonage removed under
  263  chapter 743;
  264         (b) Is in the military reserve or on active duty in the
  265  Armed Forces of the United States;
  266         (c) Is otherwise emancipated by a court of competent
  267  jurisdiction and released from parental care and responsibility;
  268  or
  269         (b)(d) Is acting in his or her scope of lawful employment
  270  with an entity licensed under the provisions of chapter 210 or
  271  this part chapter.
  272         Section 7. Section 569.0025, Florida Statutes, is created
  273  to read:
  274         569.0025Preemption.—The establishment of the minimum age
  275  for purchasing or possessing, and the regulation for the
  276  marketing, sale, or delivery of, tobacco products is preempted
  277  to the state.
  278         Section 8. Paragraph (c) of subsection (1) of section
  279  569.003, Florida Statutes, is amended to read:
  280         569.003 Retail tobacco products dealer permits;
  281  application; qualifications; fees; renewal; duplicates.—
  282         (1)
  283         (c) Permits shall be issued annually, upon payment of the
  284  annual permit fee prescribed by the division. The division shall
  285  fix the fee in an amount sufficient to meet the costs incurred
  286  by it in carrying out its permitting, enforcement, and
  287  administrative responsibilities under this part chapter, but the
  288  fee may not exceed $50. The proceeds of the fee shall be
  289  deposited into the Alcoholic Beverage and Tobacco Trust Fund.
  290         Section 9. Section 569.004, Florida Statutes, is amended to
  291  read:
  292         569.004 Consent to inspection and search without warrant.
  293  An applicant for a permit, by accepting the permit when issued,
  294  agrees that the place or premises covered by the permit is
  295  subject to inspection and search without a search warrant by the
  296  division or its authorized assistants, and by sheriffs, deputy
  297  sheriffs, or police officers, to determine compliance with this
  298  chapter, including part II of this chapter if the applicant
  299  deals, at retail, in nicotine products within the state or
  300  allows a nicotine products vending machine to be located on its
  301  premises within the state.
  302         Section 10. Section 569.006, Florida Statutes, is amended
  303  to read:
  304         569.006 Retail tobacco products dealers; administrative
  305  penalties.—The division may suspend or revoke the permit of the
  306  dealer upon sufficient cause appearing of the violation of any
  307  of the provisions of this chapter, including part II of this
  308  chapter if the dealer deals, at retail, in nicotine products
  309  within the state or allows a nicotine products vending machine
  310  to be located on its premises within the state, by a dealer or
  311  by a dealer’s agent or employee. The division may also assess
  312  and accept administrative fines of up to $1,000 against a dealer
  313  for each violation. The division shall deposit all fines
  314  collected into the General Revenue Fund as collected. An order
  315  imposing an administrative fine becomes effective 15 days after
  316  the date of the order. The division may suspend the imposition
  317  of a penalty against a dealer, conditioned upon the dealer’s
  318  compliance with terms the division considers appropriate.
  319         Section 11. Subsections (1) and (2) of section 569.007,
  320  Florida Statutes, are amended to read:
  321         569.007 Sale or delivery of tobacco products;
  322  restrictions.—
  323         (1) In order to prevent persons under 21 18 years of age
  324  from purchasing or receiving tobacco products, the sale or
  325  delivery of tobacco products is prohibited, except:
  326         (a) When under the direct control or line of sight of the
  327  dealer or the dealer’s agent or employee; or
  328         (b) Sales from a vending machine are prohibited under the
  329  provisions of paragraph (1)(a) and are only permissible from a
  330  machine that is equipped with an operational lockout device
  331  which is under the control of the dealer or the dealer’s agent
  332  or employee who directly regulates the sale of items through the
  333  machine by triggering the lockout device to allow the dispensing
  334  of one tobacco product. The lockout device must include a
  335  mechanism to prevent the machine from functioning if the power
  336  source for the lockout device fails or if the lockout device is
  337  disabled, and a mechanism to ensure that only one tobacco
  338  product is dispensed at a time.
  339         (2) The provisions of subsection (1) shall not apply to an
  340  establishment that prohibits persons under 21 18 years of age on
  341  the licensed premises.
  342         Section 12. Section 569.0075, Florida Statutes, is amended
  343  to read:
  344         569.0075 Gift of sample tobacco products prohibited.—The
  345  gift of sample tobacco products to any person under the age of
  346  21 18 by an entity licensed or permitted under the provisions of
  347  chapter 210 or this part chapter, or by an employee of such
  348  entity, is prohibited and is punishable as provided in s.
  349  569.101.
  350         Section 13. Subsection (1), paragraphs (b) and (c) of
  351  subsection (2), and subsection (3) of section 569.008, Florida
  352  Statutes, are amended to read:
  353         569.008 Responsible retail tobacco products dealers;
  354  qualifications; mitigation of disciplinary penalties; diligent
  355  management and supervision; presumption.—
  356         (1) The Legislature intends to prevent the sale of tobacco
  357  products to persons under 21 18 years of age and to encourage
  358  retail tobacco products dealers to comply with responsible
  359  practices in accordance with this section.
  360         (2) To qualify as a responsible retail tobacco products
  361  dealer, the dealer must establish and implement procedures
  362  designed to ensure that the dealer’s employees comply with the
  363  provisions of this part chapter. The dealer must provide a
  364  training program for the dealer’s employees which addresses the
  365  use and sale of tobacco products and which includes at least the
  366  following topics:
  367         (b) Methods of recognizing and handling customers under 21
  368  18 years of age.
  369         (c) Procedures for proper examination of identification
  370  cards in order to verify that customers are not under 21 18
  371  years of age.
  372         (3) In determining penalties under s. 569.006, the division
  373  may mitigate penalties imposed against a dealer because of an
  374  employee’s illegal sale of a tobacco product to a person under
  375  21 18 years of age if the following conditions are met:
  376         (a) The dealer is qualified as a responsible dealer under
  377  this section.
  378         (b) The dealer provided the training program required under
  379  subsection (2) to that employee before the illegal sale
  380  occurred.
  381         (c) The dealer had no knowledge of that employee’s
  382  violation at the time of the violation and did not direct,
  383  approve, or participate in the violation.
  384         (d) If the sale was made through a vending machine, the
  385  machine was equipped with an operational lock-out device.
  386         Section 14. Section 569.009, Florida Statutes, is amended
  387  to read:
  388         569.009 Rulemaking authority.—The division shall adopt any
  389  rules necessary to administer and enforce the provisions of this
  390  part chapter.
  391         Section 15. Section 569.101, Florida Statutes, is amended
  392  to read:
  393         569.101 Selling, delivering, bartering, furnishing, or
  394  giving tobacco products to persons under 21 18 years of age;
  395  criminal penalties; defense.—
  396         (1) It is unlawful to sell, deliver, barter, furnish, or
  397  give, directly or indirectly, to any person who is under 21 18
  398  years of age, any tobacco product.
  399         (2) Any person who violates subsection (1) commits a
  400  misdemeanor of the second degree, punishable as provided in s.
  401  775.082 or s. 775.083. However, any person who violates
  402  subsection (1) for a second or subsequent time within 1 year of
  403  the first violation, commits a misdemeanor of the first degree,
  404  punishable as provided in s. 775.082 or s. 775.083.
  405         (3) A person charged with a violation of subsection (1) has
  406  a complete defense if, at the time the tobacco product was sold,
  407  delivered, bartered, furnished, or given:
  408         (a) The buyer or recipient falsely evidenced that she or he
  409  was 21 18 years of age or older;
  410         (b) The appearance of the buyer or recipient was such that
  411  a prudent person would believe the buyer or recipient to be 21
  412  18 years of age or older; and
  413         (c) Such person carefully checked a driver license or an
  414  identification card issued by this state or another state of the
  415  United States, a passport, or a United States armed services
  416  identification card presented by the buyer or recipient and
  417  acted in good faith and in reliance upon the representation and
  418  appearance of the buyer or recipient in the belief that the
  419  buyer or recipient was 21 18 years of age or older.
  420         Section 16. Section 569.11, Florida Statutes, is amended to
  421  read:
  422         569.11 Possession, misrepresenting age or military service
  423  to purchase, and purchase of tobacco products by persons under
  424  21 18 years of age prohibited; penalties; jurisdiction;
  425  disposition of fines.—
  426         (1) It is unlawful for any person under 21 18 years of age
  427  to knowingly possess any tobacco product. Any person under 21 18
  428  years of age who violates this subsection commits a noncriminal
  429  violation as provided in s. 775.08(3), punishable by:
  430         (a) For a first violation, 16 hours of community service
  431  or, instead of community service, a $25 fine. In addition, the
  432  person must attend a school-approved anti-tobacco program, if
  433  locally available; or
  434         (b) For a second or subsequent violation within 12 weeks
  435  after the first violation, a $25 fine.
  436  
  437  Any second or subsequent violation not within the 12-week period
  438  after the first violation is punishable as provided for a first
  439  violation.
  440         (2) It is unlawful for any person under 21 18 years of age
  441  to misrepresent his or her age or military service for the
  442  purpose of inducing a dealer or an agent or employee of the
  443  dealer to sell, give, barter, furnish, or deliver any tobacco
  444  product, or to purchase, or attempt to purchase, any tobacco
  445  product from a person or a vending machine. Any person under 21
  446  18 years of age who violates this subsection commits a
  447  noncriminal violation as provided in s. 775.08(3), punishable
  448  by:
  449         (a) For a first violation, 16 hours of community service
  450  or, instead of community service, a $25 fine and, in addition,
  451  the person must attend a school-approved anti-tobacco program,
  452  if available; or
  453         (b) For a second or subsequent violation within 12 weeks
  454  after the first violation, a $25 fine.
  455  
  456  Any second or subsequent violation not within the 12-week period
  457  after the first violation is punishable as provided for a first
  458  violation.
  459         (3) Any person under 21 18 years of age cited for
  460  committing a noncriminal violation under this section must sign
  461  and accept a civil citation indicating a promise to appear
  462  before the county court or comply with the requirement for
  463  paying the fine and must attend a school-approved anti-tobacco
  464  program, if locally available. If a fine is assessed for a
  465  violation of this section, the fine must be paid within 30 days
  466  after the date of the citation or, if a court appearance is
  467  mandatory, within 30 days after the date of the hearing.
  468         (4) A person charged with a noncriminal violation under
  469  this section must appear before the county court or comply with
  470  the requirement for paying the fine. The court, after a hearing,
  471  shall make a determination as to whether the noncriminal
  472  violation was committed. If the court finds the violation was
  473  committed, it shall impose an appropriate penalty as specified
  474  in subsection (1) or subsection (2). A person who participates
  475  in community service shall be considered an employee of the
  476  state for the purpose of chapter 440, for the duration of such
  477  service.
  478         (5)(a) If a person under 21 18 years of age is found by the
  479  court to have committed a noncriminal violation under this
  480  section and that person has failed to complete community
  481  service, pay the fine as required by paragraph (1)(a) or
  482  paragraph (2)(a), or attend a school-approved anti-tobacco
  483  program, if locally available, the court may direct the
  484  Department of Highway Safety and Motor Vehicles to withhold
  485  issuance of or suspend the driver license or driving privilege
  486  of that person for a period of 30 consecutive days.
  487         (b) If a person under 21 18 years of age is found by the
  488  court to have committed a noncriminal violation under this
  489  section and that person has failed to pay the applicable fine as
  490  required by paragraph (1)(b) or paragraph (2)(b), the court may
  491  direct the Department of Highway Safety and Motor Vehicles to
  492  withhold issuance of or suspend the driver license or driving
  493  privilege of that person for a period of 45 consecutive days.
  494         (6) Eighty percent of all civil penalties received by a
  495  county court pursuant to this section shall be remitted by the
  496  clerk of the court to the Department of Revenue for transfer to
  497  the Department of Education to provide for teacher training and
  498  for research and evaluation to reduce and prevent the use of
  499  tobacco products by children. The remaining 20 percent of civil
  500  penalties received by a county court pursuant to this section
  501  shall remain with the clerk of the county court to cover
  502  administrative costs.
  503         Section 17. Section 569.12, Florida Statutes, is amended to
  504  read:
  505         569.12 Jurisdiction; tobacco product and nicotine product
  506  enforcement officers or agents; enforcement.—
  507         (1) In addition to the Division of Alcoholic Beverages and
  508  Tobacco of the Department of Business and Professional
  509  Regulation, any law enforcement officer certified under s.
  510  943.10(1), (6), or (8) shall enforce the provisions of this
  511  chapter.
  512         (2)(a) A county or municipality may designate certain of
  513  its employees or agents as tobacco product and nicotine product
  514  enforcement officers. The training and qualifications of the
  515  employees or agents for such designation shall be determined by
  516  the county or the municipality. Nothing in this section shall be
  517  construed to permit the carrying of firearms or other weapons by
  518  a tobacco product and nicotine product enforcement agent, nor
  519  does designation as a tobacco product and nicotine product
  520  enforcement officer provide the employee or agent with the power
  521  of arrest or subject the employee or agent to the provisions of
  522  ss. 943.085-943.255. Nothing in this section amends, alters, or
  523  contravenes the provisions of any state-administered retirement
  524  system or any state-supported retirement system established by
  525  general law.
  526         (b) A tobacco and nicotine product enforcement officer is
  527  authorized to issue a citation to a person under the age of 21
  528  18 when, based upon personal investigation, the officer has
  529  reasonable cause to believe that the person has committed a
  530  civil infraction in violation of s. 386.212, or s. 569.11, or s.
  531  569.42.
  532         (3) A correctional probation officer as defined in s.
  533  943.10(3) is authorized to issue a citation to a person under
  534  the age of 21 18 when, based upon personal investigation, the
  535  officer has reasonable cause to believe that the person has
  536  committed a civil infraction in violation of s. 569.11 or s.
  537  569.42.
  538         (4) A citation issued to any person violating the
  539  provisions of s. 569.11 or s. 569.42 shall be in a form
  540  prescribed by the Division of Alcoholic Beverages and Tobacco of
  541  the Department of Business and Professional Regulation and shall
  542  contain:
  543         (a) The date and time of issuance.
  544         (b) The name and address of the person to whom the citation
  545  is issued.
  546         (c) The date and time the civil infraction was committed.
  547         (d) The facts constituting reasonable cause.
  548         (e) The number of the Florida statute violated.
  549         (f) The name and authority of the citing officer.
  550         (g) The procedure for the person to follow in order to
  551  contest the citation, perform the required community service,
  552  attend the required anti-tobacco or anti-tobacco and anti
  553  nicotine program, or to pay the civil penalty.
  554         Section 18. Section 569.14, Florida Statutes, is amended to
  555  read:
  556         569.14 Posting of a sign stating that the sale of tobacco
  557  products or nicotine products to persons under 21 18 years of
  558  age is unlawful; enforcement; penalty.—
  559         (1) A dealer that sells tobacco products shall post a clear
  560  and conspicuous sign in each place of business where such
  561  products are sold which substantially states the following:
  562  
  563         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  564         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  565         REQUIRED FOR PURCHASE.
  566  
  567         (2) A dealer that sells tobacco products and nicotine
  568  products or nicotine dispensing devices, as defined in s.
  569  877.112, may use a sign that substantially states the following:
  570  
  571         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  572         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  573         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  574         REQUIRED FOR PURCHASE.
  575  
  576  A dealer that uses a sign as described in this subsection meets
  577  the signage requirements of subsection (1) and s. 569.43(1) s.
  578  877.112.
  579         (3) The division shall make available to dealers of tobacco
  580  products signs that meet the requirements of subsection (1) or
  581  subsection (2).
  582         (4) Any dealer that sells tobacco products shall provide at
  583  the checkout counter in a location clearly visible to the dealer
  584  or the dealer’s agent or employee instructional material in a
  585  calendar format or similar format to assist in determining
  586  whether a person is of legal age to purchase tobacco products.
  587  This point of sale material must contain substantially the
  588  following language:
  589  
  590                IF YOU WERE NOT BORN BEFORE THIS DATE              
  591                  (insert date and applicable year)                
  592         YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,       
  593                   OR NICOTINE DISPENSING DEVICES.                 
  594  
  595  Upon approval by the division, in lieu of a calendar a dealer
  596  may use card readers, scanners, or other electronic or automated
  597  systems that can verify whether a person is of legal age to
  598  purchase tobacco products. Failure to comply with the provisions
  599  contained in this subsection shall result in imposition of
  600  administrative penalties as provided in s. 569.006.
  601         (5) The division, through its agents and inspectors, shall
  602  enforce this section.
  603         (6) Any person who fails to comply with subsection (1) is
  604  guilty of a misdemeanor of the second degree, punishable as
  605  provided in s. 775.082 or s. 775.083.
  606         Section 19. Section 569.19, Florida Statutes, is amended to
  607  read:
  608         569.19 Annual report.—The division shall report annually
  609  with written findings to the Legislature and the Governor by
  610  December 31, on the progress of implementing the enforcement
  611  provisions of this part chapter. This must include, but is not
  612  limited to:
  613         (1) The number and results of compliance visits.
  614         (2) The number of violations for failure of a retailer to
  615  hold a valid license.
  616         (3) The number of violations for selling tobacco products
  617  to persons under age 21 18, and the results of administrative
  618  hearings on the above and related issues.
  619         (4) The number of persons under age 21 18 cited for
  620  violations of s. 569.11 and sanctions imposed as a result of
  621  citation.
  622         Section 20. Section 569.31, Florida Statutes, is created to
  623  read:
  624         569.31Definitions.—As used in this part, the term:
  625         (1)“Dealer” is synonymous with the term “retail nicotine
  626  products dealer.”
  627         (2)“Division” means the Division of Alcoholic Beverages
  628  and Tobacco of the Department of Business and Professional
  629  Regulation.
  630         (3)“Nicotine dispensing device” means any product that
  631  employs an electronic, chemical, or mechanical means to produce
  632  vapor or aerosol from a nicotine product, including, but not
  633  limited to, an electronic cigarette, electronic cigar,
  634  electronic cigarillo, electronic pipe, or other similar device
  635  or product, any replacement cartridge for such device, and any
  636  other container of nicotine in a solution or other form intended
  637  to be used with or within an electronic cigarette, electronic
  638  cigar, electronic cigarillo, electronic pipe, or other similar
  639  device or product.
  640         (4)“Nicotine product” means any product that contains
  641  nicotine, including liquid nicotine, which is intended for human
  642  consumption, whether inhaled, chewed, absorbed, dissolved, or
  643  ingested by any means. The term also includes any nicotine
  644  dispensing device. The term does not include a:
  645         (a)Tobacco product, as defined in s. 569.002;
  646         (b)Product regulated as a drug or device by the United
  647  States Food and Drug Administration under Chapter V of the
  648  Federal Food, Drug, and Cosmetic Act; or
  649         (c)Product that contains incidental nicotine.
  650         (5)“Permit” is synonymous with the term “retail nicotine
  651  products dealer permit.”
  652         (6)“Retail nicotine products dealer” means the holder of a
  653  retail nicotine products dealer permit.
  654         (7)“Retail nicotine products dealer permit” means a permit
  655  issued by the division under s. 569.32.
  656         (8)“Self-service merchandising” means the open display of
  657  nicotine products, whether packaged or otherwise, for direct
  658  retail customer access and handling before purchase without the
  659  intervention or assistance of the dealer or the dealer’s owner,
  660  employee, or agent. An open display of such products and devices
  661  includes the use of an open display unit.
  662         (9)“Any person under the age of 21” does not include any
  663  person under the age of 21 who:
  664         (a)Is in the military reserve or on active duty in the
  665  Armed Forces of the United States; or
  666         (b)Is acting in his or her scope of lawful employment.
  667         Section 21. Section 569.315, Florida Statutes, is created
  668  to read:
  669         569.315Preemption.—The establishment of the minimum age
  670  for purchasing or possessing, and the regulation for the
  671  marketing, sale, or delivery of, nicotine products is preempted
  672  to the state.
  673         Section 22. Section 569.32, Florida Statutes, is created to
  674  read:
  675         569.32Retail nicotine products dealer permits;
  676  application; qualifications; renewal; duplicates.—
  677         (1)(a)Each person, firm, association, or corporation that
  678  seeks to deal, at retail, in nicotine products within the state,
  679  or to allow a nicotine products vending machine to be located on
  680  its premises in the state, must obtain a retail nicotine
  681  products dealer permit for each place of business or premises at
  682  which nicotine products are sold. Each dealer owning, leasing,
  683  furnishing, or operating vending machines through which nicotine
  684  products are sold must obtain a permit for each machine and
  685  shall post the permit in a conspicuous place on or near the
  686  machine; however, if the dealer has more than one vending
  687  machine at a single location or if nicotine products are sold
  688  both over the counter and through a vending machine at a single
  689  location, the dealer need obtain only one permit for that
  690  location.
  691         (b)Application for a permit must be made on a form
  692  furnished by the division and must set forth the name under
  693  which the applicant transacts or intends to transact business,
  694  the address of the location of the applicant’s place of business
  695  within the state, and any other information the division
  696  requires. If the applicant has or intends to have more than one
  697  place of business dealing in nicotine products within the state,
  698  a separate application must be made for each place of business.
  699  If the applicant is a firm or an association, the application
  700  must set forth the names and addresses of the persons
  701  constituting the firm or association; if the applicant is a
  702  corporation, the application must set forth the names and
  703  addresses of the principal officers of the corporation. The
  704  application must also set forth any other information prescribed
  705  by the division for the purpose of identifying the applicant
  706  firm, association, or corporation. The application must be
  707  signed and verified by oath or affirmation by the owner, if a
  708  sole proprietor, or, if the owner is a firm, association, or
  709  partnership, by the members or partners thereof, or, if the
  710  owner is a corporation, by an executive officer of the
  711  corporation or by a person authorized by the corporation to sign
  712  the application, together with the written evidence of this
  713  authority.
  714         (2)(a)Permits may be issued only to persons who are 21
  715  years of age or older or to corporations the officers of which
  716  are 21 years of age or older.
  717         (b)The division may refuse to issue a permit to any
  718  person, firm, association, or corporation the permit of which
  719  has been revoked, to any corporation an officer of which has had
  720  his or her permit revoked, or to any person who is or has been
  721  an officer of a corporation the permit of which has been
  722  revoked. Any permit issued to a firm, association, or
  723  corporation prohibited from obtaining a permit under this
  724  chapter shall be revoked by the division.
  725         (3)Upon approval of an application for a permit, the
  726  division shall issue to the applicant a permit for the place of
  727  business or premises specified in the application. A permit is
  728  not assignable and is valid only for the person in whose name
  729  the permit is issued and for the place designated in the permit.
  730  The permit shall be conspicuously displayed at all times at the
  731  place for which issued.
  732         Section 23. Section 569.33 Florida Statutes, is created to
  733  read:
  734         569.33Consent to inspection and search without warrant.—An
  735  applicant for a retail nicotine products dealer permit, by
  736  accepting the permit when issued, agrees that the place or
  737  premises covered by the permit is subject to inspection and
  738  search without a search warrant by the division or its
  739  authorized assistants, and by sheriffs, deputy sheriffs, or
  740  police officers, to determine compliance with this part.
  741         Section 24. Section 569.34, Florida Statutes, is created to
  742  read:
  743         569.34Operating without a retail nicotine products dealer
  744  permit; penalty.—
  745         (1)It is unlawful for a person, firm, association, or
  746  corporation to deal, at retail, in nicotine products, in any
  747  manner, or to allow a nicotine products vending machine to be
  748  located on its premises, without having a retail nicotine
  749  product dealer permit as required by s. 569.32. A person who
  750  violates this section commits a noncriminal violation,
  751  punishable by a fine of not more than $500.
  752         (2)A retail tobacco products dealer, as defined in s.
  753  569.002(4), is not required to have a separate or additional
  754  retail nicotine products dealer permit to deal, at retail, in
  755  nicotine products within the state, or allow a nicotine products
  756  vending machine to be located on its premises in the state. Any
  757  retail tobacco products dealer that deals, at retail, in
  758  nicotine products or allows a tobacco products vending machine
  759  to be located on its premises in the state, is subject to, and
  760  must be in compliance with, this part.
  761         (3)Any person who violates this section shall be cited for
  762  such infraction and shall be cited to appear before the county
  763  court. The citation may indicate the time, date, and location of
  764  the scheduled hearing and must indicate that the penalty for a
  765  noncriminal violation is a fine of not more than $500.
  766         (a)A person cited for an infraction under this section
  767  may:
  768         1.Post a $500 bond; or
  769         2.Sign and accept the citation indicating a promise to
  770  appear.
  771         (b)A person cited for violating this section may:
  772         1.Pay the fine, either by mail or in person, within 10
  773  days after receiving the citation; or
  774         2.If the person has posted bond, forfeit the bond by not
  775  appearing at the scheduled hearing.
  776         (c)If the person pays the fine or forfeits bond, the
  777  person is deemed to have admitted violating this section and to
  778  have waived the right to a hearing on the issue of commission of
  779  the violation. Such admission may not be used as evidence in any
  780  other proceeding.
  781         (d)The court, after a hearing, shall make a determination
  782  as to whether an infraction has been committed. If the
  783  commission of an infraction has been proven beyond a reasonable
  784  doubt, the court may impose a civil penalty in an amount that
  785  may not exceed $500.
  786         (e) If a person is found by the court to have committed the
  787  infraction, that person may appeal that finding to the circuit
  788  court.
  789         Section 25. Section 569.35, Florida Statutes, is created to
  790  read:
  791         569.35 Retail nicotine product dealers; administrative
  792  penalties.—The division may suspend or revoke the permit of a
  793  dealer, including the retail tobacco products dealer permit of a
  794  retail tobacco products dealer as defined in s. 569.002(4), upon
  795  sufficient cause appearing of the violation of any of the
  796  provisions of this part, by a dealer, or by a dealer’s agent or
  797  employee. The division may also assess and accept an
  798  administrative fine of up to $1,000 against a dealer for each
  799  violation. The division shall deposit all fines collected into
  800  the General Revenue Fund as collected. An order imposing an
  801  administrative fine becomes effective 15 days after the date of
  802  the order. The division may suspend the imposition of a penalty
  803  against a dealer, conditioned upon the dealer’s compliance with
  804  terms the division considers appropriate.
  805         Section 26. Section 569.37, Florida Statutes, is created to
  806  read:
  807         569.37 Sale or delivery of nicotine products;
  808  restrictions.—
  809         (1) In order to prevent persons under 21 years of age from
  810  purchasing or receiving nicotine products, the sale or delivery
  811  of nicotine products is prohibited, except:
  812         (a) When under the direct control or line of sight of the
  813  dealer or the dealer’s agent or employee; or
  814         (b) Sales from a vending machine are prohibited under
  815  paragraph (a) and are only permissible from a machine that is
  816  equipped with an operational lockout device that is under the
  817  control of the dealer or the dealer’s agent or employee who
  818  directly regulates the sale of items through the machine by
  819  triggering the lockout device to allow the dispensing of one
  820  nicotine product. The lockout device must include a mechanism to
  821  prevent the machine from functioning if the power source for the
  822  lockout device fails or if the lockout device is disabled, and a
  823  mechanism to ensure that only one nicotine product is dispensed
  824  at a time.
  825         (2)(a) A dealer that sells nicotine products may not sell,
  826  permit to be sold, offer for sale, or display for sale such
  827  products or devices by means of self-service merchandising.
  828         (b) A dealer that sells nicotine products may not place
  829  such products or devices in an open display unit unless the unit
  830  is located in an area that is inaccessible to customers.
  831         (3) The provisions of subsections (1) and (2) shall not
  832  apply to an establishment that prohibits persons under 21 years
  833  of age on the licensed premises.
  834         (4) A dealer or a dealer’s agent or employee may require
  835  proof of age of a purchaser of a nicotine product before selling
  836  the product to that person.
  837         Section 27. Section 569.38, Florida Statutes, is created to
  838  read:
  839         569.38 Gift of sample nicotine products and nicotine
  840  dispensing devices.—The gift of sample nicotine products to any
  841  person under the age of 21 by an entity permitted under this
  842  part, or by an employee of such entity, is prohibited and is
  843  punishable as provided in s. 569.41.
  844         Section 28. Section 569.381, Florida Statutes, is created
  845  to read:
  846         569.381 Responsible retail nicotine products dealers;
  847  qualifications; mitigation of disciplinary penalties; diligent
  848  management and supervision; presumption.—
  849         (1) It is the intent of the Legislature to prevent the sale
  850  of nicotine products to persons under 21 years of age and to
  851  encourage retail nicotine products dealers to comply with
  852  responsible practices in accordance with this section.
  853         (2) To qualify as a responsible retail nicotine products
  854  dealer, the dealer must establish and implement procedures
  855  designed to ensure that the dealer’s employees comply with this
  856  part. The dealer must provide a training program for the
  857  dealer’s employees which addresses the use and sale of nicotine
  858  products and which includes at least the following topics:
  859         (a) Laws covering the sale of nicotine products.
  860         (b) Methods of recognizing and handling customers under 21
  861  years of age.
  862         (c) Procedures for proper examination of identification
  863  cards in order to verify that customers are not under 21 years
  864  of age.
  865         (d) The use of the age audit identification function on
  866  electronic point-of-sale equipment, where available.
  867         (3) In determining penalties under s. 569.35, the division
  868  may mitigate penalties imposed against a dealer because of an
  869  employee’s illegal sale of a nicotine product to a person under
  870  21 years of age if the following conditions are met:
  871         (a) The dealer is qualified as a responsible dealer under
  872  this section.
  873         (b) The dealer provided the training program required under
  874  subsection (2) to that employee before the illegal sale
  875  occurred.
  876         (c) The dealer had no knowledge of that employee’s
  877  violation at the time of the violation and did not direct,
  878  approve, or participate in the violation.
  879         (d) If the sale was made through a vending machine, the
  880  machine was equipped with an operational lock-out device.
  881         (4) The division shall develop and make available a model
  882  nicotine products training program designed to ensure adherence
  883  to this part by dealers and their employees which, if followed,
  884  will qualify dealers as responsible dealers.
  885         (5) Dealers shall exercise diligence in the management and
  886  supervision of their premises and in the supervision and
  887  training of their employees, agents, or servants. In proceedings
  888  to impose penalties under s. 569.35, proof that employees,
  889  agents, or servants of the dealer, while in the scope of their
  890  employment, committed at least three violations of s. 569.41
  891  during a 180-day period shall be prima facie evidence of a lack
  892  of due diligence by the dealer in the management and supervision
  893  of his or her premises and in the supervision and training of
  894  employees, agents, officers, or servants.
  895         (6) The division may consider qualification as a
  896  responsible retail nicotine products dealer under this section
  897  as evidence that the dealer properly exercised the diligence
  898  required under this section.
  899         Section 29. Section 569.39, Florida Statutes, is created to
  900  read:
  901         569.39 Rulemaking authority.—The division shall adopt rules
  902  to administer and enforce this part.
  903         Section 30. Section 569.41, Florida Statutes, is created to
  904  read:
  905         569.41 Selling, delivering, bartering, furnishing, or
  906  giving nicotine products to persons under 21 years of age;
  907  criminal penalties; defense.—
  908         (1) It is unlawful to sell, deliver, barter, furnish, or
  909  give, directly or indirectly, to any person who is under 21
  910  years of age, any nicotine product.
  911         (2) Any person who violates subsection (1) commits a
  912  misdemeanor of the second degree, punishable as provided in s.
  913  775.082 or s. 775.083. However, any person who violates
  914  subsection (1) for a second or subsequent time within 1 year
  915  after the first violation commits a misdemeanor of the first
  916  degree, punishable as provided in s. 775.082 or s. 775.083.
  917         (3) A person charged with a violation of subsection (1) has
  918  a complete defense if, at the time the nicotine product was
  919  sold, delivered, bartered, furnished, or given:
  920         (a) The buyer or recipient falsely evidenced that she or he
  921  was 21 years of age or older;
  922         (b) The appearance of the buyer or recipient was such that
  923  a prudent person would believe the buyer or recipient to be 21
  924  years of age or older; and
  925         (c) Such person carefully checked a driver license or an
  926  identification card issued by the state or another state of the
  927  United States, a passport, or a United States armed services
  928  identification card presented by the buyer or recipient and
  929  acted in good faith and in reliance upon the representation and
  930  appearance of the buyer or recipient in the belief that the
  931  buyer or recipient was 21 years of age or older.
  932         Section 31. Section 569.42, Florida Statutes, is created to
  933  read:
  934         569.42 Possession, misrepresenting age or military service
  935  to purchase, and purchase of nicotine products by persons under
  936  21 years of age prohibited; penalties; jurisdiction; disposition
  937  of fines.—
  938         (1) It is unlawful for any person under 21 years of age to
  939  knowingly possess any nicotine product. Any person under 21
  940  years of age who violates this subsection commits a noncriminal
  941  violation as provided in s. 775.08(3), punishable by:
  942         (a) For a first violation, 16 hours of community service
  943  or, instead of community service, a $25 fine. In addition, the
  944  person must attend a school-approved anti-tobacco and anti
  945  nicotine program, if locally available; or
  946         (b) For a second or subsequent violation within 12 weeks
  947  after the first violation, a $25 fine.
  948  
  949  Any second or subsequent violation not within the 12-week period
  950  after the first violation is punishable as provided for a first
  951  violation.
  952         (2) It is unlawful for any person under 21 years of age to
  953  misrepresent his or her age or military service for the purpose
  954  of inducing a dealer or an agent or employee of the dealer to
  955  sell, give, barter, furnish, or deliver any nicotine product, or
  956  to purchase, or attempt to purchase, any nicotine product from a
  957  person or a vending machine. Any person under 21 years of age
  958  who violates this subsection commits a noncriminal violation as
  959  defined in s. 775.08(3), punishable by:
  960         (a) For a first violation, 16 hours of community service
  961  or, instead of community service, a $25 fine and, in addition,
  962  the person must attend a school-approved anti-tobacco and anti
  963  nicotine program, if available; or
  964         (b) For a second or subsequent violation within 12 weeks
  965  after the first violation, a $25 fine.
  966  
  967  Any second or subsequent violation not within the 12-week period
  968  after the first violation is punishable as provided for a first
  969  violation.
  970         (3) Any person under 21 years of age cited for committing a
  971  noncriminal violation under this section must sign and accept a
  972  civil citation indicating a promise to appear before the county
  973  court or comply with the requirement for paying the fine and
  974  must attend a school-approved anti-tobacco and anti-nicotine
  975  program, if locally available. If a fine is assessed for a
  976  violation of this section, the fine must be paid within 30 days
  977  after the date of the citation or, if a court appearance is
  978  mandatory, within 30 days after the date of the hearing.
  979         (4) A person charged with a noncriminal violation under
  980  this section must appear before the county court or comply with
  981  the requirement for paying the fine. The court, after a hearing,
  982  shall make a determination as to whether the noncriminal
  983  violation was committed. If the court finds the violation was
  984  committed, it shall impose an appropriate penalty as specified
  985  in subsection (1) or subsection (2). A person who participates
  986  in community service shall be considered an employee of the
  987  state for the purpose of chapter 440, for the duration of such
  988  service.
  989         (5)(a) If a person under 21 years of age is found by the
  990  court to have committed a noncriminal violation under this
  991  section and the person has failed to complete community service,
  992  pay the fine as required by paragraph (1)(a) or paragraph
  993  (2)(a), or attend a school-approved anti-tobacco and anti
  994  nicotine program, if locally available, the court may direct the
  995  Department of Highway Safety and Motor Vehicles to withhold
  996  issuance of or suspend the driver license or driving privilege
  997  of that person for a period of 30 consecutive days.
  998         (b) If a person under 21 years of age is found by the court
  999  to have committed a noncriminal violation under this section and
 1000  that person has failed to pay the applicable fine as required by
 1001  paragraph (1)(b) or paragraph (2)(b), the court may direct the
 1002  Department of Highway Safety and Motor Vehicles to withhold
 1003  issuance of or suspend the driver license or driving privilege
 1004  of that person for a period of 45 consecutive days.
 1005         (6) Eighty percent of all civil penalties received by a
 1006  county court under this section shall be remitted by the clerk
 1007  of the court to the Department of Revenue for transfer to the
 1008  Department of Education to provide for teacher training and for
 1009  research and evaluation to reduce and prevent the use of
 1010  nicotine products by children. The remaining 20 percent of civil
 1011  penalties received by a county court under this section shall
 1012  remain with the clerk of the county court to cover
 1013  administrative costs.
 1014         Section 32. Section 569.43, Florida Statutes, is created to
 1015  read:
 1016         569.43 Posting of a sign stating that the sale of nicotine
 1017  products or nicotine dispensing devices to persons under 21
 1018  years of age is unlawful; enforcement; penalty.—
 1019         (1) A dealer that sells nicotine products shall post a
 1020  clear and conspicuous sign in each place of business at which
 1021  such products are sold which substantially states the following:
 1022  
 1023         THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
 1024         DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
 1025         FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
 1026  
 1027         (2) The division shall make available to dealers of
 1028  nicotine products signs that meet the requirements of subsection
 1029  (1).
 1030         (3) Any dealer that sells nicotine products shall provide
 1031  at the checkout counter in a location clearly visible to the
 1032  dealer or the dealer’s agent or employee instructional material
 1033  in a calendar format or similar format to assist in determining
 1034  whether a person is of legal age to purchase nicotine products.
 1035  This point of sale material must contain substantially the
 1036  following language:
 1037  
 1038                IF YOU WERE NOT BORN BEFORE THIS DATE              
 1039                  (insert date and applicable year)                
 1040   YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE 
 1041                         DISPENSING DEVICES.                       
 1042  
 1043  Upon approval by the division, in lieu of a calendar a dealer
 1044  may use card readers, scanners, or other electronic or automated
 1045  systems that can verify whether a person is of legal age to
 1046  purchase nicotine products. Failure to comply with the
 1047  provisions contained in this subsection shall result in
 1048  imposition of administrative penalties as provided in s. 569.35.
 1049         (4) The division, through its agents and inspectors, shall
 1050  enforce this section.
 1051         (5) Any person who fails to comply with subsection (1)
 1052  commits a misdemeanor of the second degree, punishable as
 1053  provided in s. 775.082 or s. 775.083.
 1054         Section 33. Section 569.44, Florida Statutes, is created to
 1055  read:
 1056         569.44 Annual report.—The division shall report annually
 1057  with written findings to the Legislature and the Governor by
 1058  December 31, on the progress of implementing the enforcement
 1059  provisions of this part. This must include, but is not limited
 1060  to:
 1061         (1) The number and results of compliance visits.
 1062         (2) The number of violations for failure of a retailer to
 1063  hold a valid permit.
 1064         (3) The number of violations for selling nicotine products
 1065  to persons under age 21, and the results of administrative
 1066  hearings on the above and related issues.
 1067         (4) The number of persons under age 21 cited for violations
 1068  of s. 569.42 and sanctions imposed as a result of citation.
 1069         Section 34. Section 569.45, Florida Statutes, is created to
 1070  read:
 1071         569.45 Mail order, Internet, and remote sales of nicotine
 1072  products; age verification.—
 1073         (1) For purposes of this section, the term:
 1074         (a) “Consumer” means a person in the state who comes into
 1075  possession of any nicotine product who, at the time of
 1076  possession, is not intending to sell or distribute the nicotine
 1077  product, or is not a retailer.
 1078         (b) “Delivery sale” means any sale of nicotine products to
 1079  a consumer in the state for which:
 1080         1. The consumer submits the order for the sale by
 1081  telephonic or other voice transmission, mail, delivery service,
 1082  or the Internet or other online service; or
 1083         2. The nicotine products are delivered by use of mail or a
 1084  delivery service.
 1085         (c) “Delivery service” means any person engaged in the
 1086  commercial delivery of letters, packages, or other containers.
 1087         (d) “Legal minimum purchase age” means the minimum age at
 1088  which an individual may legally purchase nicotine products in
 1089  the state.
 1090         (e) “Retailer” means any person who is required to obtain a
 1091  retail nicotine products dealer permit or a retail tobacco
 1092  products dealer permit, as defined in s. 569.002.
 1093         (f) “Shipping container” means a container in which
 1094  nicotine products are shipped in connection with a delivery
 1095  sale.
 1096         (g) “Shipping document” means a bill of lading, airbill,
 1097  United States Postal Service form, or any other document used to
 1098  verify the undertaking by a delivery service to deliver letters,
 1099  packages, or other containers.
 1100         (2)(a) A sale of nicotine products constituting a delivery
 1101  sale under paragraph (1)(c) is a delivery sale regardless of
 1102  whether the person accepting the order for the delivery sale is
 1103  located inside or outside the state.
 1104         (b) A retailer must obtain a retail nicotine products
 1105  dealer permit or a retail tobacco products dealer permit, as
 1106  defined in s. 569.002, from the division under the requirements
 1107  of this chapter before accepting an order for a delivery sale.
 1108         (c) A person may not make a delivery sale of nicotine
 1109  products to any individual who is not 21 years of age or older.
 1110         (d) Each person accepting an order for a delivery sale must
 1111  comply with each of the following:
 1112         1. The age verification requirements set forth in
 1113  subsection (3).
 1114         2. The disclosure requirements set forth in subsection (4).
 1115         3. The shipping requirements set forth in subsection (5).
 1116         (3) A person may not mail, ship, or otherwise deliver
 1117  nicotine products in connection with an order for a delivery
 1118  sale unless, before the first delivery to the consumer, the
 1119  person accepting the order for the delivery sale:
 1120         (a) Obtains from the person submitting the order a
 1121  certification that includes:
 1122         1. Reliable confirmation that the person is 21 years of age
 1123  or older; and
 1124         2. A statement signed by the person in writing and under
 1125  penalty of perjury which:
 1126         a. Certifies the address and date of birth of the person;
 1127  and
 1128         b. Confirms that the person wants to receive delivery sales
 1129  from a nicotine products company and understands that, under the
 1130  laws of the state, the following actions are illegal:
 1131         (I) Signing another person’s name to the certification;
 1132         (II) Selling nicotine products to individuals who are not
 1133  21 years of age or older; and
 1134         (III) Purchasing nicotine products, if the person making
 1135  the purchase is not 21 years of age or older.
 1136         (b) Makes a good faith effort to verify the information
 1137  contained in the certification provided by the individual under
 1138  paragraph (a) against a commercially available database that may
 1139  be reasonably relied upon for accurate age information or
 1140  obtains a photocopy or other image of a valid government-issued
 1141  identification card stating the date of birth or age of the
 1142  individual.
 1143         (c) Provides to the individual, via electronic mail or
 1144  other means, a notice meeting the requirements of subsection
 1145  (4).
 1146         (d) If an order for nicotine products is made pursuant to
 1147  an advertisement on the Internet, receives payment for the
 1148  delivery sale from the consumer by a credit or debit card issued
 1149  in the name of the consumer, or by personal or company check of
 1150  the consumer.
 1151         (e) The person accepting the order for delivery sale shall
 1152  submit, to each credit card acquiring company with which the
 1153  person has credit card sales, identification information in an
 1154  appropriate form and format so that the words “nicotine product”
 1155  may be printed in the purchaser’s credit card statement when a
 1156  purchase of a nicotine product is made by credit card payment.
 1157         (f) Makes a telephone call after 5 p.m. to the purchaser
 1158  confirming the order before shipping the nicotine products. The
 1159  telephone call may be a person-to-person call or a recorded
 1160  message. The person accepting the order for delivery sale is not
 1161  required to speak directly with a person and may leave a message
 1162  on an answering machine or through voice mail.
 1163  
 1164  In addition to the requirements of this subsection, a person
 1165  accepting an order for a delivery sale may request that a
 1166  consumer provide an electronic mail address.
 1167         (4) The notice described in paragraph (3)(c) must include
 1168  prominent and clearly legible statements that sales of nicotine
 1169  products are:
 1170         (a) Illegal if made to individuals who are not 21 years of
 1171  age or older.
 1172         (b) Restricted to those individuals who provide verifiable
 1173  proof of age in accordance with subsection (3).
 1174         (5) Each person who mails, ships, or otherwise delivers
 1175  nicotine products in connection with an order for a delivery
 1176  sale must:
 1177         (a) Include as part of the shipping documents, in a clear
 1178  and conspicuous manner, the following statement: “Nicotine
 1179  Products: Florida law prohibits shipping to individuals under 21
 1180  years of age.”
 1181         (b) Use a method of mailing, shipping, or delivery which
 1182  obligates the delivery service to require:
 1183         1. The individual submitting the order for the delivery
 1184  sale or another person 21 years of age or older who resides at
 1185  the individual’s address to sign his or her name to accept
 1186  delivery of the shipping container. Proof of the legal minimum
 1187  purchase age of the individual accepting delivery is required
 1188  only if the individual appears to be under 30 years of age.
 1189         2. Proof that the individual is either the addressee or the
 1190  individual who is 21 years of age or older designated by the
 1191  addressee, in the form of a valid, government-issued
 1192  identification card bearing a photograph of the individual who
 1193  signs to accept delivery of the shipping container.
 1194  
 1195  If the person accepting a purchase order for a delivery sale
 1196  delivers the nicotine products without using a delivery service,
 1197  the person must comply with all of the requirements of this
 1198  section which apply to a delivery service. Any failure to comply
 1199  with a requirement of this section constitutes a violation
 1200  thereof.
 1201         (6) This section does not apply to delivery sales of
 1202  nicotine products to a retail nicotine products dealer or a
 1203  retail tobacco products dealer, as defined in s. 569.002.
 1204         (7) An individual 21 years of age or older who knowingly
 1205  violates any provision of this section commits a misdemeanor of
 1206  the second degree, punishable as provided in s. 775.082 or s.
 1207  775.083.
 1208         (8) The Attorney General, the Attorney General’s designee,
 1209  or a state attorney may bring an action in the appropriate court
 1210  in the state to prevent or restrain violations of this section
 1211  by any person.
 1212         Section 35. Section 877.112, Florida Statutes, is repealed.
 1213         Section 36. This act shall take effect October 1, 2021.