ENROLLED
       2021 Legislature            CS for CS for SB 1080, 1st Engrossed
       
       
       
       
       
       
                                                             20211080er
    1  
    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         requiring proof of age for certain purchases of
   27         tobacco products; revising applicability; amending s.
   28         569.0075, F.S.; revising age limitations relating to
   29         gifting sample tobacco products; amending s. 569.008,
   30         F.S.; revising legislative intent; revising
   31         qualification requirements for responsible retail
   32         tobacco products dealers; conforming provisions to
   33         changes made by the act; amending s. 569.009, F.S.;
   34         conforming a provision to changes made by the act;
   35         amending s. 569.101, F.S.; revising age limitations
   36         relating to selling, delivering, bartering,
   37         furnishing, or giving tobacco products to certain
   38         persons; amending s. 569.11, F.S.; revising age
   39         limitations relating to possessing and obtaining
   40         tobacco products; amending s. 569.12, F.S.; expanding
   41         the authority of tobacco product enforcement officers
   42         to include nicotine products; amending s. 569.14,
   43         F.S.; revising requirements for signage relating to
   44         tobacco products, nicotine products, and nicotine
   45         dispensing devices; conforming provisions to changes
   46         made by the act; amending s. 569.19, F.S.; conforming
   47         provisions to changes made by the act; creating s.
   48         569.31, F.S.; defining terms; creating s. 569.315,
   49         F.S.; preempting the establishment of the minimum age
   50         for purchasing and possessing, and the regulation for
   51         the marketing, sale, or delivery of, nicotine products
   52         to the state; creating s. 569.32, F.S.; requiring
   53         retail nicotine product dealers to acquire a permit;
   54         providing requirements and authorizations for such
   55         permit; creating s. 569.33, F.S.; specifying that an
   56         applicant for a retail nicotine products dealer permit
   57         consents to certain inspections and searches upon
   58         accepting such permit; creating s. 569.34, F.S.;
   59         prohibiting certain persons, firms, associations, or
   60         corporations from operating without a permit;
   61         providing civil penalties; creating s. 569.35, F.S.;
   62         providing administrative penalties for retail nicotine
   63         product dealers under certain circumstances; requiring
   64         the Division of Alcoholic Beverages and Tobacco to
   65         deposit funds collected from administrative fines into
   66         the General Revenue Fund; creating s. 569.37, F.S.;
   67         providing restrictions on the sale or delivery of
   68         nicotine products; creating s. 569.38, F.S.;
   69         prohibiting certain persons from gifting sample
   70         nicotine products to persons under a specified age;
   71         creating s. 569.381, F.S.; providing legislative
   72         intent; providing requirements for a dealer to qualify
   73         as a responsible retail nicotine products dealer;
   74         authorizing the division to mitigate certain
   75         penalties; requiring the division to develop and make
   76         available a nicotine products training program;
   77         requiring dealers to exercise diligence in the
   78         management and supervision of their premises and the
   79         supervision and training of certain persons; creating
   80         s. 569.39, F.S.; requiring the division to adopt
   81         rules; creating ss. 569.41 and 569.42, F.S.; providing
   82         civil and criminal penalties relating to selling,
   83         delivering, bartering, furnishing, or giving nicotine
   84         products to certain persons and possessing and
   85         acquiring nicotine products, respectively; creating s.
   86         569.43, F.S.; providing signage requirements relating
   87         to the sale of nicotine products or nicotine
   88         dispensing devices; providing criminal penalties;
   89         creating s. 569.44, F.S.; requiring the division to
   90         provide an annual report containing specified
   91         information to the Governor and the Legislature;
   92         creating s. 569.45, F.S.; defining terms; providing
   93         requirements for mail order, Internet, and remote
   94         sales of nicotine products; providing applicability;
   95         providing criminal penalties; repealing s. 877.112,
   96         F.S., relating to nicotine products and nicotine
   97         dispensing devices; providing an effective date.
   98          
   99  Be It Enacted by the Legislature of the State of Florida:
  100  
  101         Section 1. Paragraph (a) of subsection (1), paragraphs (a)
  102  and (c) of subsection (2), paragraph (a) of subsection (3),
  103  paragraph (a) of subsection (4), paragraphs (a) and (b) of
  104  subsection (5), and paragraphs (a), (b), (e), and (g) of
  105  subsection (8) of section 210.095, Florida Statutes, are amended
  106  to read:
  107         210.095 Mail order, Internet, and remote sales of tobacco
  108  products; age verification.—
  109         (1) For purposes of this section, the term:
  110         (a) “Adult” means an individual who is at least of the
  111  legal minimum purchase age for tobacco products.
  112         (2)
  113         (a) A sale of tobacco products constituting a delivery sale
  114  pursuant to paragraph (1)(b) (1)(c) is a delivery sale
  115  regardless of whether the person accepting the order for the
  116  delivery sale is located inside or outside this state.
  117         (c) A person may not make a delivery sale of tobacco
  118  products to any individual who is not 21 years of age or older
  119  an adult.
  120         (3) A person may not mail, ship, or otherwise deliver
  121  tobacco products in connection with an order for a delivery sale
  122  unless, before the first delivery to the consumer, the person
  123  accepting the order for the delivery sale:
  124         (a) Obtains from the individual submitting the order a
  125  certification that includes:
  126         1. Reliable confirmation that the individual is 21 years of
  127  age or older an adult; and
  128         2. A statement signed by the individual in writing and
  129  under penalty of perjury which:
  130         a. Certifies the address and date of birth of the
  131  individual; and
  132         b. Confirms that the individual wants to receive delivery
  133  sales from a tobacco company and understands that, under the
  134  laws of this state, the following actions are illegal:
  135         (I) Signing another individual’s name to the certification;
  136         (II) Selling tobacco products to individuals under the
  137  legal minimum purchase age; and
  138         (III) Purchasing tobacco products, if the person making the
  139  purchase is under the legal minimum purchase age.
  140  
  141  In addition to the requirements of this subsection, a person
  142  accepting an order for a delivery sale may request that a
  143  consumer provide an electronic mail address.
  144         (4) The notice described in paragraph (3)(c) must include
  145  prominent and clearly legible statements that sales of tobacco
  146  products are:
  147         (a) Illegal if made to individuals who are not 21 years of
  148  age or older adults.
  149  
  150  The notice must include an explanation of how each tax has been,
  151  or is to be, paid with respect to the delivery sale.
  152         (5) Each person who mails, ships, or otherwise delivers
  153  tobacco products in connection with an order for a delivery sale
  154  must:
  155         (a) Include as part of the shipping documents, in a clear
  156  and conspicuous manner, the following statement: “Tobacco
  157  Products: Florida law prohibits shipping to individuals under 21
  158  18 years of age and requires the payment of all applicable
  159  taxes.”
  160         (b) Use a method of mailing, shipping, or delivery which
  161  obligates the delivery service to require:
  162         1. The individual submitting the order for the delivery
  163  sale or another individual who is 21 years of age or older adult
  164  who resides at the individual’s address to sign his or her name
  165  to accept delivery of the shipping container. Proof of the legal
  166  minimum purchase age of the individual accepting delivery is
  167  required only if the individual appears to be under 30 27 years
  168  of age.
  169         2. Proof that the individual is either the addressee or the
  170  individual who is 21 years of age or older adult designated by
  171  the addressee, in the form of a valid, government-issued
  172  identification card bearing a photograph of the individual who
  173  signs to accept delivery of the shipping container.
  174  
  175  If the person accepting a purchase order for a delivery sale
  176  delivers the tobacco products without using a delivery service,
  177  the person must comply with all of the requirements of this
  178  section which apply to a delivery service. Any failure to comply
  179  with a requirement of this section constitutes a violation
  180  thereof.
  181         (8)(a) Except as otherwise provided in this section, a
  182  violation of this section by a person other than an individual
  183  who is not 21 years of age or older an adult is a misdemeanor of
  184  the first degree, punishable as provided in s. 775.082 or s.
  185  775.083, and:
  186         1. For a first violation of this section, the person shall
  187  be fined $1,000 or five times the retail value of the tobacco
  188  products involved in the violation, whichever is greater.
  189         2. For a second or subsequent violation of this section,
  190  the person shall be fined $5,000 or five times the retail value
  191  of the tobacco products involved in the violation, whichever is
  192  greater.
  193         (b) A person who is 21 years of age or older an adult and
  194  knowingly submits a false certification under subsection (3)
  195  commits a misdemeanor of the first degree, punishable as
  196  provided in s. 775.082 or s. 775.083. For each offense, the
  197  person shall be fined $10,000 or five times the retail value of
  198  the tobacco products involved in the violation, whichever is
  199  greater.
  200         (e) A person who, in connection with a delivery sale,
  201  delivers tobacco products on behalf of a delivery service to an
  202  individual who is not 21 years of age or older an adult commits
  203  a misdemeanor of the second third degree, punishable as provided
  204  in s. 775.082 or s. 775.083.
  205         (g) An individual who is not 21 years of age or older an
  206  adult and who knowingly violates any provision of this section
  207  commits a misdemeanor of the second third degree, punishable as
  208  provided in s. 775.082 or s. 775.083.
  209         Section 2. Paragraph (b) of subsection (1) of section
  210  210.15, Florida Statutes, is amended to read:
  211         210.15 Permits.—
  212         (1)
  213         (b) Permits shall be issued only to persons of good moral
  214  character who are not less than 21 18 years of age. Permits to
  215  corporations shall be issued only to corporations whose officers
  216  are of good moral character and not less than 21 18 years of
  217  age. There shall be no exemptions from the permit fees herein
  218  provided to any persons, association of persons, or corporation,
  219  any law to the contrary notwithstanding.
  220         Section 3. Subsection (1) of section 386.212, Florida
  221  Statutes, is amended to read:
  222         386.212 Smoking and vaping prohibited near school property;
  223  penalty.—
  224         (1) It is unlawful for any person under 21 18 years of age
  225  to smoke tobacco or vape in, on, or within 1,000 feet of the
  226  real property comprising a public or private elementary, middle,
  227  or secondary school between the hours of 6 a.m. and midnight.
  228  This section does not apply to any person occupying a moving
  229  vehicle or within a private residence.
  230         Section 4. Chapter 569, Florida Statutes, entitled “Tobacco
  231  Products,” is renamed “Tobacco and Nicotine Products.”
  232         Section 5. The Division of Law Revision is directed to:
  233         (1)Create part I of chapter 569, Florida Statutes,
  234  consisting of ss. 569.002-569.23, Florida Statutes, to be
  235  entitled “Tobacco Products.”
  236         (2)Create part II of chapter 569, Florida Statutes,
  237  consisting of ss. 569.31-569.45, Florida Statutes, to be
  238  entitled “Nicotine Products.”
  239         Section 6. Section 569.002, Florida Statutes, is amended to
  240  read:
  241         569.002 Definitions.—As used in this part chapter, the
  242  term:
  243         (1) “Dealer” is synonymous with the term “retail tobacco
  244  products dealer.”
  245         (2) “Division” means the Division of Alcoholic Beverages
  246  and Tobacco of the Department of Business and Professional
  247  Regulation.
  248         (3) “Nicotine product” has the same meaning as provided in
  249  s. 569.31(4).
  250         (4)“Nicotine dispensing device” has the same meaning as
  251  provided in s. 569.31(3).
  252         (5) “Permit” is synonymous with the term “retail tobacco
  253  products dealer permit.”
  254         (6)(4) “Retail tobacco products dealer” means the holder of
  255  a retail tobacco products dealer permit.
  256         (7)(5) “Retail tobacco products dealer permit” means a
  257  permit issued by the division pursuant to s. 569.003.
  258         (8)(6) “Tobacco products” includes loose tobacco leaves,
  259  and products made from tobacco leaves, in whole or in part, and
  260  cigarette wrappers, which can be used for smoking, sniffing, or
  261  chewing.
  262         (9)(7) “Any person under the age of 21 18” does not include
  263  any person under the age of 21 18 who:
  264         (a) Has had his or her disability of nonage removed under
  265  chapter 743;
  266         (b) Is in the military reserve or on active duty in the
  267  Armed Forces of the United States;
  268         (c) Is otherwise emancipated by a court of competent
  269  jurisdiction and released from parental care and responsibility;
  270  or
  271         (b)(d) Is acting in his or her scope of lawful employment
  272  with an entity licensed under the provisions of chapter 210 or
  273  this part chapter.
  274         Section 7. Section 569.0025, Florida Statutes, is created
  275  to read:
  276         569.0025Preemption.—The establishment of the minimum age
  277  for purchasing or possessing, and the regulation for the
  278  marketing, sale, or delivery of, tobacco products is preempted
  279  to the state.
  280         Section 8. Paragraph (c) of subsection (1) and paragraph
  281  (a) of subsection (2) of section 569.003, Florida Statutes, are
  282  amended to read:
  283         569.003 Retail tobacco products dealer permits;
  284  application; qualifications; fees; renewal; duplicates.—
  285         (1)
  286         (c) Permits shall be issued annually, upon payment of the
  287  annual permit fee prescribed by the division. The division shall
  288  fix the fee in an amount sufficient to meet the costs incurred
  289  by it in carrying out its permitting, enforcement, and
  290  administrative responsibilities under this part chapter, but the
  291  fee may not exceed $50. The proceeds of the fee shall be
  292  deposited into the Alcoholic Beverage and Tobacco Trust Fund.
  293         (2)(a) Permits may be issued only to persons who are 21 18
  294  years of age or older or to corporations the officers of which
  295  are 21 18 years of age or older.
  296         Section 9. Section 569.004, Florida Statutes, is amended to
  297  read:
  298         569.004 Consent to inspection and search without warrant.
  299  An applicant for a permit, by accepting the permit when issued,
  300  agrees that the place or premises covered by the permit is
  301  subject to inspection and search without a search warrant by the
  302  division or its authorized assistants, and by sheriffs, deputy
  303  sheriffs, or police officers, to determine compliance with this
  304  chapter, including part II of this chapter if the applicant
  305  deals, at retail, in nicotine products within the state or
  306  allows a nicotine products vending machine to be located on its
  307  premises within the state.
  308         Section 10. Section 569.006, Florida Statutes, is amended
  309  to read:
  310         569.006 Retail tobacco products dealers; administrative
  311  penalties.—The division may suspend or revoke the permit of the
  312  dealer upon sufficient cause appearing of the violation of any
  313  of the provisions of this chapter, including part II of this
  314  chapter if the dealer deals, at retail, in nicotine products
  315  within the state or allows a nicotine products vending machine
  316  to be located on its premises within the state, by a dealer or
  317  by a dealer’s agent or employee. The division may also assess
  318  and accept administrative fines of up to $1,000 against a dealer
  319  for each violation. The division shall deposit all fines
  320  collected into the General Revenue Fund as collected. An order
  321  imposing an administrative fine becomes effective 15 days after
  322  the date of the order. The division may suspend the imposition
  323  of a penalty against a dealer, conditioned upon the dealer’s
  324  compliance with terms the division considers appropriate.
  325         Section 11. Subsections (1), (2), and (4) of section
  326  569.007, Florida Statutes, are amended to read:
  327         569.007 Sale or delivery of tobacco products;
  328  restrictions.—
  329         (1) In order to prevent persons under 21 18 years of age
  330  from purchasing or receiving tobacco products, the sale or
  331  delivery of tobacco products is prohibited, except:
  332         (a) When under the direct control or line of sight of the
  333  dealer or the dealer’s agent or employee; or
  334         (b) Sales from a vending machine are prohibited under the
  335  provisions of paragraph (1)(a) and are only permissible from a
  336  machine that is equipped with an operational lockout device
  337  which is under the control of the dealer or the dealer’s agent
  338  or employee who directly regulates the sale of items through the
  339  machine by triggering the lockout device to allow the dispensing
  340  of one tobacco product. The lockout device must include a
  341  mechanism to prevent the machine from functioning if the power
  342  source for the lockout device fails or if the lockout device is
  343  disabled, and a mechanism to ensure that only one tobacco
  344  product is dispensed at a time.
  345         (2) The provisions of subsection (1) shall not apply to an
  346  establishment that prohibits persons under 21 18 years of age on
  347  the licensed premises.
  348         (4) A dealer or a dealer’s agent or employee must may
  349  require proof of age of a purchaser of a tobacco product before
  350  selling the product to that person, unless the purchaser appears
  351  to be 30 years of age or older.
  352         Section 12. Section 569.0075, Florida Statutes, is amended
  353  to read:
  354         569.0075 Gift of sample tobacco products prohibited.—The
  355  gift of sample tobacco products to any person under the age of
  356  21 18 by an entity licensed or permitted under the provisions of
  357  chapter 210 or this part chapter, or by an employee of such
  358  entity, is prohibited and is punishable as provided in s.
  359  569.101.
  360         Section 13. Subsection (1), paragraphs (b) and (c) of
  361  subsection (2), and subsection (3) of section 569.008, Florida
  362  Statutes, are amended to read:
  363         569.008 Responsible retail tobacco products dealers;
  364  qualifications; mitigation of disciplinary penalties; diligent
  365  management and supervision; presumption.—
  366         (1) The Legislature intends to prevent the sale of tobacco
  367  products to persons under 21 18 years of age and to encourage
  368  retail tobacco products dealers to comply with responsible
  369  practices in accordance with this section.
  370         (2) To qualify as a responsible retail tobacco products
  371  dealer, the dealer must establish and implement procedures
  372  designed to ensure that the dealer’s employees comply with the
  373  provisions of this part chapter. The dealer must provide a
  374  training program for the dealer’s employees which addresses the
  375  use and sale of tobacco products and which includes at least the
  376  following topics:
  377         (b) Methods of recognizing and handling customers under 21
  378  18 years of age.
  379         (c) Procedures for proper examination of identification
  380  cards in order to verify that customers are not under 21 18
  381  years of age.
  382         (3) In determining penalties under s. 569.006, the division
  383  may mitigate penalties imposed against a dealer because of an
  384  employee’s illegal sale of a tobacco product to a person under
  385  21 18 years of age if the following conditions are met:
  386         (a) The dealer is qualified as a responsible dealer under
  387  this section.
  388         (b) The dealer provided the training program required under
  389  subsection (2) to that employee before the illegal sale
  390  occurred.
  391         (c) The dealer had no knowledge of that employee’s
  392  violation at the time of the violation and did not direct,
  393  approve, or participate in the violation.
  394         (d) If the sale was made through a vending machine, the
  395  machine was equipped with an operational lock-out device.
  396         Section 14. Section 569.009, Florida Statutes, is amended
  397  to read:
  398         569.009 Rulemaking authority.—The division shall adopt any
  399  rules necessary to administer and enforce the provisions of this
  400  part chapter.
  401         Section 15. Section 569.101, Florida Statutes, is amended
  402  to read:
  403         569.101 Selling, delivering, bartering, furnishing, or
  404  giving tobacco products to persons under 21 18 years of age;
  405  criminal penalties; defense.—
  406         (1) It is unlawful to sell, deliver, barter, furnish, or
  407  give, directly or indirectly, to any person who is under 21 18
  408  years of age, any tobacco product.
  409         (2) Any person who violates subsection (1) commits a
  410  misdemeanor of the second degree, punishable as provided in s.
  411  775.082 or s. 775.083. However, any person who violates
  412  subsection (1) for a second or subsequent time within 1 year of
  413  the first violation, commits a misdemeanor of the first degree,
  414  punishable as provided in s. 775.082 or s. 775.083.
  415         (3) A person charged with a violation of subsection (1) has
  416  a complete defense if, at the time the tobacco product was sold,
  417  delivered, bartered, furnished, or given:
  418         (a) The buyer or recipient falsely evidenced that she or he
  419  was 21 18 years of age or older;
  420         (b) The appearance of the buyer or recipient was such that
  421  a prudent person would believe the buyer or recipient to be 21
  422  18 years of age or older; and
  423         (c) Such person carefully checked a driver license or an
  424  identification card issued by this state or another state of the
  425  United States, a passport, or a United States armed services
  426  identification card presented by the buyer or recipient and
  427  acted in good faith and in reliance upon the representation and
  428  appearance of the buyer or recipient in the belief that the
  429  buyer or recipient was 21 18 years of age or older.
  430         Section 16. Section 569.11, Florida Statutes, is amended to
  431  read:
  432         569.11 Possession, misrepresenting age or military service
  433  to purchase, and purchase of tobacco products by persons under
  434  21 18 years of age prohibited; penalties; jurisdiction;
  435  disposition of fines.—
  436         (1) It is unlawful for any person under 21 18 years of age
  437  to knowingly possess any tobacco product. Any person under 21 18
  438  years of age who violates this subsection commits a noncriminal
  439  violation as provided in s. 775.08(3), punishable by:
  440         (a) For a first violation, 16 hours of community service
  441  or, instead of community service, a $25 fine. In addition, the
  442  person must attend a school-approved anti-tobacco program, if
  443  locally available; or
  444         (b) For a second or subsequent violation within 12 weeks
  445  after the first violation, a $25 fine.
  446  
  447  Any second or subsequent violation not within the 12-week period
  448  after the first violation is punishable as provided for a first
  449  violation.
  450         (2) It is unlawful for any person under 21 18 years of age
  451  to misrepresent his or her age or military service for the
  452  purpose of inducing a dealer or an agent or employee of the
  453  dealer to sell, give, barter, furnish, or deliver any tobacco
  454  product, or to purchase, or attempt to purchase, any tobacco
  455  product from a person or a vending machine. Any person under 21
  456  18 years of age who violates this subsection commits a
  457  noncriminal violation as provided in s. 775.08(3), punishable
  458  by:
  459         (a) For a first violation, 16 hours of community service
  460  or, instead of community service, a $25 fine and, in addition,
  461  the person must attend a school-approved anti-tobacco program,
  462  if available; or
  463         (b) For a second or subsequent violation within 12 weeks
  464  after the first violation, a $25 fine.
  465  
  466  Any second or subsequent violation not within the 12-week period
  467  after the first violation is punishable as provided for a first
  468  violation.
  469         (3) Any person under 21 18 years of age cited for
  470  committing a noncriminal violation under this section must sign
  471  and accept a civil citation indicating a promise to appear
  472  before the county court or comply with the requirement for
  473  paying the fine and must attend a school-approved anti-tobacco
  474  program, if locally available. If a fine is assessed for a
  475  violation of this section, the fine must be paid within 30 days
  476  after the date of the citation or, if a court appearance is
  477  mandatory, within 30 days after the date of the hearing.
  478         (4) A person charged with a noncriminal violation under
  479  this section must appear before the county court or comply with
  480  the requirement for paying the fine. The court, after a hearing,
  481  shall make a determination as to whether the noncriminal
  482  violation was committed. If the court finds the violation was
  483  committed, it shall impose an appropriate penalty as specified
  484  in subsection (1) or subsection (2). A person who participates
  485  in community service shall be considered an employee of the
  486  state for the purpose of chapter 440, for the duration of such
  487  service.
  488         (5)(a) If a person under 21 18 years of age is found by the
  489  court to have committed a noncriminal violation under this
  490  section and that person has failed to complete community
  491  service, pay the fine as required by paragraph (1)(a) or
  492  paragraph (2)(a), or attend a school-approved anti-tobacco
  493  program, if locally available, the court may direct the
  494  Department of Highway Safety and Motor Vehicles to withhold
  495  issuance of or suspend the driver license or driving privilege
  496  of that person for a period of 30 consecutive days.
  497         (b) If a person under 21 18 years of age is found by the
  498  court to have committed a noncriminal violation under this
  499  section and that person has failed to pay the applicable fine as
  500  required by paragraph (1)(b) or paragraph (2)(b), the court may
  501  direct the Department of Highway Safety and Motor Vehicles to
  502  withhold issuance of or suspend the driver license or driving
  503  privilege of that person for a period of 45 consecutive days.
  504         (6) Eighty percent of all civil penalties received by a
  505  county court pursuant to this section shall be remitted by the
  506  clerk of the court to the Department of Revenue for transfer to
  507  the Department of Education to provide for teacher training and
  508  for research and evaluation to reduce and prevent the use of
  509  tobacco products by children. The remaining 20 percent of civil
  510  penalties received by a county court pursuant to this section
  511  shall remain with the clerk of the county court to cover
  512  administrative costs.
  513         Section 17. Section 569.12, Florida Statutes, is amended to
  514  read:
  515         569.12 Jurisdiction; tobacco product and nicotine product
  516  enforcement officers or agents; enforcement.—
  517         (1) In addition to the Division of Alcoholic Beverages and
  518  Tobacco of the Department of Business and Professional
  519  Regulation, any law enforcement officer certified under s.
  520  943.10(1), (6), or (8) shall enforce the provisions of this
  521  chapter.
  522         (2)(a) A county or municipality may designate certain of
  523  its employees or agents as tobacco product and nicotine product
  524  enforcement officers. The training and qualifications of the
  525  employees or agents for such designation shall be determined by
  526  the county or the municipality. Nothing in this section shall be
  527  construed to permit the carrying of firearms or other weapons by
  528  a tobacco product and nicotine product enforcement agent, nor
  529  does designation as a tobacco product and nicotine product
  530  enforcement officer provide the employee or agent with the power
  531  of arrest or subject the employee or agent to the provisions of
  532  ss. 943.085-943.255. Nothing in this section amends, alters, or
  533  contravenes the provisions of any state-administered retirement
  534  system or any state-supported retirement system established by
  535  general law.
  536         (b) A tobacco product and nicotine product enforcement
  537  officer is authorized to issue a citation to a person under the
  538  age of 21 18 when, based upon personal investigation, the
  539  officer has reasonable cause to believe that the person has
  540  committed a civil infraction in violation of s. 386.212, or s.
  541  569.11, or s. 569.42.
  542         (3) A correctional probation officer as defined in s.
  543  943.10(3) is authorized to issue a citation to a person under
  544  the age of 21 18 when, based upon personal investigation, the
  545  officer has reasonable cause to believe that the person has
  546  committed a civil infraction in violation of s. 569.11 or s.
  547  569.42.
  548         (4) A citation issued to any person violating the
  549  provisions of s. 569.11 or s. 569.42 shall be in a form
  550  prescribed by the Division of Alcoholic Beverages and Tobacco of
  551  the Department of Business and Professional Regulation and shall
  552  contain:
  553         (a) The date and time of issuance.
  554         (b) The name and address of the person to whom the citation
  555  is issued.
  556         (c) The date and time the civil infraction was committed.
  557         (d) The facts constituting reasonable cause.
  558         (e) The number of the Florida statute violated.
  559         (f) The name and authority of the citing officer.
  560         (g) The procedure for the person to follow in order to
  561  contest the citation, perform the required community service,
  562  attend the required anti-tobacco or anti-tobacco and anti
  563  nicotine program, or to pay the civil penalty.
  564         Section 18. Section 569.14, Florida Statutes, is amended to
  565  read:
  566         569.14 Posting of a sign stating that the sale of tobacco
  567  products or nicotine products to persons under 21 18 years of
  568  age is unlawful; enforcement; penalty.—
  569         (1) A dealer that sells tobacco products shall post a clear
  570  and conspicuous sign in each place of business where such
  571  products are sold which substantially states the following:
  572  
  573         THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE
  574         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  575         REQUIRED FOR PURCHASE.
  576  
  577         (2) A dealer that sells tobacco products and nicotine
  578  products or nicotine dispensing devices, as defined in s.
  579  877.112, may use a sign that substantially states the following:
  580  
  581         THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR
  582         NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE
  583         OF 21 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS
  584         REQUIRED FOR PURCHASE.
  585  
  586  A dealer that uses a sign as described in this subsection meets
  587  the signage requirements of subsection (1) and s. 569.43(1) s.
  588  877.112.
  589         (3) The division shall make available to dealers of tobacco
  590  products signs that meet the requirements of subsection (1) or
  591  subsection (2).
  592         (4) Any dealer that sells tobacco products shall provide at
  593  the checkout counter in a location clearly visible to the dealer
  594  or the dealer’s agent or employee instructional material in a
  595  calendar format or similar format to assist in determining
  596  whether a person is of legal age to purchase tobacco products.
  597  This point of sale material must contain substantially the
  598  following language:
  599  
  600                IF YOU WERE NOT BORN BEFORE THIS DATE              
  601                  (insert date and applicable year)                
  602         YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS,       
  603                   OR NICOTINE DISPENSING DEVICES.                 
  604  
  605  Upon approval by the division, in lieu of a calendar a dealer
  606  may use card readers, scanners, or other electronic or automated
  607  systems that can verify whether a person is of legal age to
  608  purchase tobacco products. Failure to comply with the provisions
  609  contained in this subsection shall result in imposition of
  610  administrative penalties as provided in s. 569.006.
  611         (5) The division, through its agents and inspectors, shall
  612  enforce this section.
  613         (6) Any person who fails to comply with subsection (1) is
  614  guilty of a misdemeanor of the second degree, punishable as
  615  provided in s. 775.082 or s. 775.083.
  616         Section 19. Section 569.19, Florida Statutes, is amended to
  617  read:
  618         569.19 Annual report.—The division shall report annually
  619  with written findings to the Legislature and the Governor by
  620  December 31, on the progress of implementing the enforcement
  621  provisions of this part chapter. This must include, but is not
  622  limited to:
  623         (1) The number and results of compliance visits.
  624         (2) The number of violations for failure of a retailer to
  625  hold a valid license.
  626         (3) The number of violations for selling tobacco products
  627  to persons under age 21 18, and the results of administrative
  628  hearings on the above and related issues.
  629         (4) The number of persons under age 21 18 cited for
  630  violations of s. 569.11 and sanctions imposed as a result of
  631  citation.
  632         Section 20. Section 569.31, Florida Statutes, is created to
  633  read:
  634         569.31 Definitions.—As used in this part, the term:
  635         (1) “Dealer” is synonymous with the term “retail nicotine
  636  products dealer.”
  637         (2) “Division” means the Division of Alcoholic Beverages
  638  and Tobacco of the Department of Business and Professional
  639  Regulation.
  640         (3) “Nicotine dispensing device” means any product that
  641  employs an electronic, chemical, or mechanical means to produce
  642  vapor or aerosol from a nicotine product, including, but not
  643  limited to, an electronic cigarette, electronic cigar,
  644  electronic cigarillo, electronic pipe, or other similar device
  645  or product, any replacement cartridge for such device, and any
  646  other container of nicotine in a solution or other form intended
  647  to be used with or within an electronic cigarette, electronic
  648  cigar, electronic cigarillo, electronic pipe, or other similar
  649  device or product.
  650         (4) “Nicotine product” means any product that contains
  651  nicotine, including liquid nicotine, which is intended for human
  652  consumption, whether inhaled, chewed, absorbed, dissolved, or
  653  ingested by any means. The term also includes any nicotine
  654  dispensing device. The term does not include a:
  655         (a) Tobacco product, as defined in s. 569.002;
  656         (b) Product regulated as a drug or device by the United
  657  States Food and Drug Administration under Chapter V of the
  658  Federal Food, Drug, and Cosmetic Act; or
  659         (c) Product that contains incidental nicotine.
  660         (5) “Permit” is synonymous with the term “retail nicotine
  661  products dealer permit.”
  662         (6) “Retail nicotine products dealer” means the holder of a
  663  retail nicotine products dealer permit.
  664         (7) “Retail nicotine products dealer permit” means a permit
  665  issued by the division under s. 569.32.
  666         (8) “Self-service merchandising” means the open display of
  667  nicotine products, whether packaged or otherwise, for direct
  668  retail customer access and handling before purchase without the
  669  intervention or assistance of the dealer or the dealer’s owner,
  670  employee, or agent. An open display of such products and devices
  671  includes the use of an open display unit.
  672         (9) “Any person under the age of 21” does not include any
  673  person under the age of 21 who:
  674         (a) Is in the military reserve or on active duty in the
  675  Armed Forces of the United States; or
  676         (b) Is acting in his or her scope of lawful employment.
  677         Section 21. Section 569.315, Florida Statutes, is created
  678  to read:
  679         569.315 Preemption.—The establishment of the minimum age
  680  for purchasing or possessing, and the regulation for the
  681  marketing, sale, or delivery of, nicotine products is preempted
  682  to the state.
  683         Section 22. Section 569.32, Florida Statutes, is created to
  684  read:
  685         569.32 Retail nicotine products dealer permits;
  686  application; qualifications; renewal; duplicates.—
  687         (1)(a) Each person, firm, association, or corporation that
  688  seeks to deal, at retail, in nicotine products within the state,
  689  or to allow a nicotine products vending machine to be located on
  690  its premises in the state, must obtain a retail nicotine
  691  products dealer permit for each place of business or premises at
  692  which nicotine products are sold. Each dealer owning, leasing,
  693  furnishing, or operating vending machines through which nicotine
  694  products are sold must obtain a permit for each machine and
  695  shall post the permit in a conspicuous place on or near the
  696  machine; however, if the dealer has more than one vending
  697  machine at a single location or if nicotine products are sold
  698  both over the counter and through a vending machine at a single
  699  location, the dealer need obtain only one permit for that
  700  location.
  701         (b) Application for a permit must be made on a form
  702  furnished by the division and must set forth the name under
  703  which the applicant transacts or intends to transact business,
  704  the address of the location of the applicant’s place of business
  705  within the state, and any other information the division
  706  requires. If the applicant has or intends to have more than one
  707  place of business dealing in nicotine products within the state,
  708  a separate application must be made for each place of business.
  709  If the applicant is a firm or an association, the application
  710  must set forth the names and addresses of the persons
  711  constituting the firm or association; if the applicant is a
  712  corporation, the application must set forth the names and
  713  addresses of the principal officers of the corporation. The
  714  application must also set forth any other information prescribed
  715  by the division for the purpose of identifying the applicant
  716  firm, association, or corporation. The application must be
  717  signed and verified by oath or affirmation by the owner, if a
  718  sole proprietor, or, if the owner is a firm, association, or
  719  partnership, by the members or partners thereof, or, if the
  720  owner is a corporation, by an executive officer of the
  721  corporation or by a person authorized by the corporation to sign
  722  the application, together with the written evidence of this
  723  authority.
  724         (2)(a) Permits may be issued only to persons who are 21
  725  years of age or older or to corporations the officers of which
  726  are 21 years of age or older.
  727         (b) The division may refuse to issue a permit to any
  728  person, firm, association, or corporation the permit of which
  729  has been revoked, to any corporation an officer of which has had
  730  his or her permit revoked, or to any person who is or has been
  731  an officer of a corporation the permit of which has been
  732  revoked. Any permit issued to a firm, association, or
  733  corporation prohibited from obtaining a permit under this
  734  chapter shall be revoked by the division.
  735         (3) Upon approval of an application for a permit, the
  736  division shall issue to the applicant a permit for the place of
  737  business or premises specified in the application. A permit is
  738  not assignable and is valid only for the person in whose name
  739  the permit is issued and for the place designated in the permit.
  740  The permit shall be conspicuously displayed at all times at the
  741  place for which issued.
  742         Section 23. Section 569.33 Florida Statutes, is created to
  743  read:
  744         569.33 Consent to inspection and search without warrant.—An
  745  applicant for a retail nicotine products dealer permit, by
  746  accepting the permit when issued, agrees that the place or
  747  premises covered by the permit is subject to inspection and
  748  search without a search warrant by the division or its
  749  authorized assistants, and by sheriffs, deputy sheriffs, or
  750  police officers, to determine compliance with this part.
  751         Section 24. Section 569.34, Florida Statutes, is created to
  752  read:
  753         569.34 Operating without a retail nicotine products dealer
  754  permit; penalty.—
  755         (1) It is unlawful for a person, firm, association, or
  756  corporation to deal, at retail, in nicotine products, in any
  757  manner, or to allow a nicotine products vending machine to be
  758  located on its premises, without having a retail nicotine
  759  product dealer permit as required by s. 569.32. A person who
  760  violates this section commits a noncriminal violation,
  761  punishable by a fine of not more than $500.
  762         (2) A retail tobacco products dealer, as defined in s.
  763  569.002(4), is not required to have a separate or additional
  764  retail nicotine products dealer permit to deal, at retail, in
  765  nicotine products within the state, or allow a nicotine products
  766  vending machine to be located on its premises in the state. Any
  767  retail tobacco products dealer that deals, at retail, in
  768  nicotine products or allows a nicotine products vending machine
  769  to be located on its premises in the state, is subject to, and
  770  must be in compliance with, this part.
  771         (3) Any person who violates this section shall be cited for
  772  such infraction and shall be cited to appear before the county
  773  court. The citation may indicate the time, date, and location of
  774  the scheduled hearing and must indicate that the penalty for a
  775  noncriminal violation is a fine of not more than $500.
  776         (a) A person cited for an infraction under this section
  777  may:
  778         1. Post a $500 bond; or
  779         2. Sign and accept the citation indicating a promise to
  780  appear.
  781         (b) A person cited for violating this section may:
  782         1. Pay the fine, either by mail or in person, within 10
  783  days after receiving the citation; or
  784         2. If the person has posted bond, forfeit the bond by not
  785  appearing at the scheduled hearing.
  786         (c) If the person pays the fine or forfeits bond, the
  787  person is deemed to have admitted violating this section and to
  788  have waived the right to a hearing on the issue of commission of
  789  the violation. Such admission may not be used as evidence in any
  790  other proceeding.
  791         (d) The court, after a hearing, shall make a determination
  792  as to whether an infraction has been committed. If the
  793  commission of an infraction has been proven beyond a reasonable
  794  doubt, the court may impose a civil penalty in an amount that
  795  may not exceed $500.
  796         (e) If a person is found by the court to have committed the
  797  infraction, that person may appeal that finding to the circuit
  798  court.
  799         Section 25. Section 569.35, Florida Statutes, is created to
  800  read:
  801         569.35 Retail nicotine product dealers; administrative
  802  penalties.—The division may suspend or revoke the permit of a
  803  dealer, including the retail tobacco products dealer permit of a
  804  retail tobacco products dealer as defined in s. 569.002(4), upon
  805  sufficient cause appearing of the violation of any of the
  806  provisions of this part, by a dealer, or by a dealer’s agent or
  807  employee. The division may also assess and accept an
  808  administrative fine of up to $1,000 against a dealer for each
  809  violation. The division shall deposit all fines collected into
  810  the General Revenue Fund as collected. An order imposing an
  811  administrative fine becomes effective 15 days after the date of
  812  the order. The division may suspend the imposition of a penalty
  813  against a dealer, conditioned upon the dealer’s compliance with
  814  terms the division considers appropriate.
  815         Section 26. Section 569.37, Florida Statutes, is created to
  816  read:
  817         569.37 Sale or delivery of nicotine products;
  818  restrictions.—
  819         (1) In order to prevent persons under 21 years of age from
  820  purchasing or receiving nicotine products, the sale or delivery
  821  of nicotine products is prohibited, except:
  822         (a) When under the direct control or line of sight of the
  823  dealer or the dealer’s agent or employee; or
  824         (b) Sales from a vending machine are prohibited under
  825  paragraph (a) and are only permissible from a machine that is
  826  equipped with an operational lockout device that is under the
  827  control of the dealer or the dealer’s agent or employee who
  828  directly regulates the sale of items through the machine by
  829  triggering the lockout device to allow the dispensing of one
  830  nicotine product. The lockout device must include a mechanism to
  831  prevent the machine from functioning if the power source for the
  832  lockout device fails or if the lockout device is disabled, and a
  833  mechanism to ensure that only one nicotine product is dispensed
  834  at a time.
  835         (2)(a) A dealer that sells nicotine products may not sell,
  836  permit to be sold, offer for sale, or display for sale such
  837  products or devices by means of self-service merchandising.
  838         (b) A dealer that sells nicotine products may not place
  839  such products or devices in an open display unit unless the unit
  840  is located in an area that is inaccessible to customers.
  841         (3) The provisions of subsections (1) and (2) shall not
  842  apply to an establishment that prohibits persons under 21 years
  843  of age on the licensed premises.
  844         (4) A dealer or a dealer’s agent or employee must require
  845  proof of age of a purchaser of a nicotine product before selling
  846  the product to that person, unless the purchaser appears to be
  847  30 years of age or older.
  848         Section 27. Section 569.38, Florida Statutes, is created to
  849  read:
  850         569.38 Gift of sample nicotine products and nicotine
  851  dispensing devices.—The gift of sample nicotine products to any
  852  person under the age of 21 by an entity permitted under this
  853  part, or by an employee of such entity, is prohibited and is
  854  punishable as provided in s. 569.41.
  855         Section 28. Section 569.381, Florida Statutes, is created
  856  to read:
  857         569.381 Responsible retail nicotine products dealers;
  858  qualifications; mitigation of disciplinary penalties; diligent
  859  management and supervision; presumption.—
  860         (1) It is the intent of the Legislature to prevent the sale
  861  of nicotine products to persons under 21 years of age and to
  862  encourage retail nicotine products dealers to comply with
  863  responsible practices in accordance with this section.
  864         (2) To qualify as a responsible retail nicotine products
  865  dealer, the dealer must establish and implement procedures
  866  designed to ensure that the dealer’s employees comply with this
  867  part. The dealer must provide a training program for the
  868  dealer’s employees which addresses the use and sale of nicotine
  869  products and which includes at least the following topics:
  870         (a) Laws covering the sale of nicotine products.
  871         (b) Methods of recognizing and handling customers under 21
  872  years of age.
  873         (c) Procedures for proper examination of identification
  874  cards in order to verify that customers are not under 21 years
  875  of age.
  876         (d) The use of the age audit identification function on
  877  electronic point-of-sale equipment, where available.
  878         (3) In determining penalties under s. 569.35, the division
  879  may mitigate penalties imposed against a dealer because of an
  880  employee’s illegal sale of a nicotine product to a person under
  881  21 years of age if the following conditions are met:
  882         (a) The dealer is qualified as a responsible dealer under
  883  this section.
  884         (b) The dealer provided the training program required under
  885  subsection (2) to that employee before the illegal sale
  886  occurred.
  887         (c) The dealer had no knowledge of that employee’s
  888  violation at the time of the violation and did not direct,
  889  approve, or participate in the violation.
  890         (d) If the sale was made through a vending machine, the
  891  machine was equipped with an operational lock-out device.
  892         (4) The division shall develop and make available a model
  893  nicotine products training program designed to ensure adherence
  894  to this part by dealers and their employees which, if followed,
  895  will qualify dealers as responsible dealers.
  896         (5) Dealers shall exercise diligence in the management and
  897  supervision of their premises and in the supervision and
  898  training of their employees, agents, or servants. In proceedings
  899  to impose penalties under s. 569.35, proof that employees,
  900  agents, or servants of the dealer, while in the scope of their
  901  employment, committed at least three violations of s. 569.41
  902  during a 180-day period shall be prima facie evidence of a lack
  903  of due diligence by the dealer in the management and supervision
  904  of his or her premises and in the supervision and training of
  905  employees, agents, officers, or servants.
  906         (6) The division may consider qualification as a
  907  responsible retail nicotine products dealer under this section
  908  as evidence that the dealer properly exercised the diligence
  909  required under this section.
  910         Section 29. Section 569.39, Florida Statutes, is created to
  911  read:
  912         569.39 Rulemaking authority.—The division shall adopt rules
  913  to administer and enforce this part.
  914         Section 30. Section 569.41, Florida Statutes, is created to
  915  read:
  916         569.41 Selling, delivering, bartering, furnishing, or
  917  giving nicotine products to persons under 21 years of age;
  918  criminal penalties; defense.—
  919         (1) It is unlawful to sell, deliver, barter, furnish, or
  920  give, directly or indirectly, to any person who is under 21
  921  years of age, any nicotine product.
  922         (2) Any person who violates subsection (1) commits a
  923  misdemeanor of the second degree, punishable as provided in s.
  924  775.082 or s. 775.083. However, any person who violates
  925  subsection (1) for a second or subsequent time within 1 year
  926  after the first violation commits a misdemeanor of the first
  927  degree, punishable as provided in s. 775.082 or s. 775.083.
  928         (3) A person charged with a violation of subsection (1) has
  929  a complete defense if, at the time the nicotine product was
  930  sold, delivered, bartered, furnished, or given:
  931         (a) The buyer or recipient falsely evidenced that she or he
  932  was 21 years of age or older;
  933         (b) The appearance of the buyer or recipient was such that
  934  a prudent person would believe the buyer or recipient to be 21
  935  years of age or older; and
  936         (c) Such person carefully checked a driver license or an
  937  identification card issued by the state or another state of the
  938  United States, a passport, or a United States armed services
  939  identification card presented by the buyer or recipient and
  940  acted in good faith and in reliance upon the representation and
  941  appearance of the buyer or recipient in the belief that the
  942  buyer or recipient was 21 years of age or older.
  943         Section 31. Section 569.42, Florida Statutes, is created to
  944  read:
  945         569.42 Possession, misrepresenting age or military service
  946  to purchase, and purchase of nicotine products by persons under
  947  21 years of age prohibited; penalties; jurisdiction; disposition
  948  of fines.—
  949         (1) It is unlawful for any person under 21 years of age to
  950  knowingly possess any nicotine product. Any person under 21
  951  years of age who violates this subsection commits a noncriminal
  952  violation as provided in s. 775.08(3), punishable by:
  953         (a) For a first violation, 16 hours of community service
  954  or, instead of community service, a $25 fine. In addition, the
  955  person must attend a school-approved anti-tobacco and anti
  956  nicotine program, if locally available; or
  957         (b) For a second or subsequent violation within 12 weeks
  958  after the first violation, a $25 fine.
  959  
  960  Any second or subsequent violation not within the 12-week period
  961  after the first violation is punishable as provided for a first
  962  violation.
  963         (2) It is unlawful for any person under 21 years of age to
  964  misrepresent his or her age or military service for the purpose
  965  of inducing a dealer or an agent or employee of the dealer to
  966  sell, give, barter, furnish, or deliver any nicotine product, or
  967  to purchase, or attempt to purchase, any nicotine product from a
  968  person or a vending machine. Any person under 21 years of age
  969  who violates this subsection commits a noncriminal violation as
  970  defined in s. 775.08(3), punishable by:
  971         (a) For a first violation, 16 hours of community service
  972  or, instead of community service, a $25 fine and, in addition,
  973  the person must attend a school-approved anti-tobacco and anti
  974  nicotine program, if available; or
  975         (b) For a second or subsequent violation within 12 weeks
  976  after the first violation, a $25 fine.
  977  
  978  Any second or subsequent violation not within the 12-week period
  979  after the first violation is punishable as provided for a first
  980  violation.
  981         (3) Any person under 21 years of age cited for committing a
  982  noncriminal violation under this section must sign and accept a
  983  civil citation indicating a promise to appear before the county
  984  court or comply with the requirement for paying the fine and
  985  must attend a school-approved anti-tobacco and anti-nicotine
  986  program, if locally available. If a fine is assessed for a
  987  violation of this section, the fine must be paid within 30 days
  988  after the date of the citation or, if a court appearance is
  989  mandatory, within 30 days after the date of the hearing.
  990         (4) A person charged with a noncriminal violation under
  991  this section must appear before the county court or comply with
  992  the requirement for paying the fine. The court, after a hearing,
  993  shall make a determination as to whether the noncriminal
  994  violation was committed. If the court finds the violation was
  995  committed, it shall impose an appropriate penalty as specified
  996  in subsection (1) or subsection (2). A person who participates
  997  in community service shall be considered an employee of the
  998  state for the purpose of chapter 440, for the duration of such
  999  service.
 1000         (5)(a) If a person under 21 years of age is found by the
 1001  court to have committed a noncriminal violation under this
 1002  section and the person has failed to complete community service,
 1003  pay the fine as required by paragraph (1)(a) or paragraph
 1004  (2)(a), or attend a school-approved anti-tobacco and anti
 1005  nicotine program, if locally available, the court may direct the
 1006  Department of Highway Safety and Motor Vehicles to withhold
 1007  issuance of or suspend the driver license or driving privilege
 1008  of that person for a period of 30 consecutive days.
 1009         (b) If a person under 21 years of age is found by the court
 1010  to have committed a noncriminal violation under this section and
 1011  that person has failed to pay the applicable fine as required by
 1012  paragraph (1)(b) or paragraph (2)(b), the court may direct the
 1013  Department of Highway Safety and Motor Vehicles to withhold
 1014  issuance of or suspend the driver license or driving privilege
 1015  of that person for a period of 45 consecutive days.
 1016         (6) Eighty percent of all civil penalties received by a
 1017  county court under this section shall be remitted by the clerk
 1018  of the court to the Department of Revenue for transfer to the
 1019  Department of Education to provide for teacher training and for
 1020  research and evaluation to reduce and prevent the use of
 1021  nicotine products by children. The remaining 20 percent of civil
 1022  penalties received by a county court under this section shall
 1023  remain with the clerk of the county court to cover
 1024  administrative costs.
 1025         Section 32. Section 569.43, Florida Statutes, is created to
 1026  read:
 1027         569.43 Posting of a sign stating that the sale of nicotine
 1028  products or nicotine dispensing devices to persons under 21
 1029  years of age is unlawful; enforcement; penalty.—
 1030         (1) A dealer that sells nicotine products shall post a
 1031  clear and conspicuous sign in each place of business at which
 1032  such products are sold which substantially states the following:
 1033  
 1034         THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING
 1035         DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST
 1036         FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.
 1037  
 1038         (2) The division shall make available to dealers of
 1039  nicotine products signs that meet the requirements of subsection
 1040  (1).
 1041         (3) Any dealer that sells nicotine products shall provide
 1042  at the checkout counter in a location clearly visible to the
 1043  dealer or the dealer’s agent or employee instructional material
 1044  in a calendar format or similar format to assist in determining
 1045  whether a person is of legal age to purchase nicotine products.
 1046  This point of sale material must contain substantially the
 1047  following language:
 1048  
 1049                IF YOU WERE NOT BORN BEFORE THIS DATE              
 1050                  (insert date and applicable year)                
 1051   YOU CANNOT BUY TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE 
 1052                         DISPENSING DEVICES.                       
 1053  
 1054  Upon approval by the division, in lieu of a calendar a dealer
 1055  may use card readers, scanners, or other electronic or automated
 1056  systems that can verify whether a person is of legal age to
 1057  purchase nicotine products. Failure to comply with the
 1058  provisions contained in this subsection shall result in
 1059  imposition of administrative penalties as provided in s. 569.35.
 1060         (4) The division, through its agents and inspectors, shall
 1061  enforce this section.
 1062         (5) Any person who fails to comply with subsection (1)
 1063  commits a misdemeanor of the second degree, punishable as
 1064  provided in s. 775.082 or s. 775.083.
 1065         Section 33. Section 569.44, Florida Statutes, is created to
 1066  read:
 1067         569.44 Annual report.—The division shall report annually
 1068  with written findings to the Legislature and the Governor by
 1069  December 31, on the progress of implementing the enforcement
 1070  provisions of this part. This must include, but is not limited
 1071  to:
 1072         (1) The number and results of compliance visits.
 1073         (2) The number of violations for failure of a retailer to
 1074  hold a valid permit.
 1075         (3) The number of violations for selling nicotine products
 1076  to persons under age 21, and the results of administrative
 1077  hearings on the above and related issues.
 1078         (4) The number of persons under age 21 cited for violations
 1079  of s. 569.42 and sanctions imposed as a result of citation.
 1080         Section 34. Section 569.45, Florida Statutes, is created to
 1081  read:
 1082         569.45 Mail order, Internet, and remote sales of nicotine
 1083  products; age verification.—
 1084         (1) For purposes of this section, the term:
 1085         (a) “Consumer” means a person in the state who comes into
 1086  possession of any nicotine product who, at the time of
 1087  possession, is not intending to sell or distribute the nicotine
 1088  product, or is not a retailer.
 1089         (b) “Delivery sale” means any sale of nicotine products to
 1090  a consumer in the state for which:
 1091         1. The consumer submits the order for the sale by
 1092  telephonic or other voice transmission, mail, delivery service,
 1093  or the Internet or other online service; or
 1094         2. The nicotine products are delivered by use of mail or a
 1095  delivery service.
 1096         (c) “Delivery service” means any person engaged in the
 1097  commercial delivery of letters, packages, or other containers.
 1098         (d) “Legal minimum purchase age” means the minimum age at
 1099  which an individual may legally purchase nicotine products in
 1100  the state.
 1101         (e) “Retailer” means any person who is required to obtain a
 1102  retail nicotine products dealer permit or a retail tobacco
 1103  products dealer permit, as defined in s. 569.002.
 1104         (f) “Shipping container” means a container in which
 1105  nicotine products are shipped in connection with a delivery
 1106  sale.
 1107         (g) “Shipping document” means a bill of lading, airbill,
 1108  United States Postal Service form, or any other document used to
 1109  verify the undertaking by a delivery service to deliver letters,
 1110  packages, or other containers.
 1111         (2)(a) A sale of nicotine products constituting a delivery
 1112  sale under paragraph (1)(b) is a delivery sale regardless of
 1113  whether the person accepting the order for the delivery sale is
 1114  located inside or outside the state.
 1115         (b) A retailer must obtain a retail nicotine products
 1116  dealer permit or a retail tobacco products dealer permit, as
 1117  defined in s. 569.002, from the division under the requirements
 1118  of this chapter before accepting an order for a delivery sale.
 1119         (c) A person may not make a delivery sale of nicotine
 1120  products to any individual who is not 21 years of age or older.
 1121         (d) Each person accepting an order for a delivery sale must
 1122  comply with each of the following:
 1123         1. The age verification requirements set forth in
 1124  subsection (3).
 1125         2. The disclosure requirements set forth in subsection (4).
 1126         3. The shipping requirements set forth in subsection (5).
 1127         (3) A person may not mail, ship, or otherwise deliver
 1128  nicotine products in connection with an order for a delivery
 1129  sale unless, before the first delivery to the consumer, the
 1130  person accepting the order for the delivery sale:
 1131         (a) Obtains from the person submitting the order a
 1132  certification that includes:
 1133         1. Reliable confirmation that the person is 21 years of age
 1134  or older; and
 1135         2. A statement signed by the person in writing and under
 1136  penalty of perjury which:
 1137         a. Certifies the address and date of birth of the person;
 1138  and
 1139         b. Confirms that the person wants to receive delivery sales
 1140  from a nicotine products company and understands that, under the
 1141  laws of the state, the following actions are illegal:
 1142         (I) Signing another person’s name to the certification;
 1143         (II) Selling nicotine products to individuals who are not
 1144  21 years of age or older; and
 1145         (III) Purchasing nicotine products, if the person making
 1146  the purchase is not 21 years of age or older.
 1147         (b) Makes a good faith effort to verify the information
 1148  contained in the certification provided by the individual under
 1149  paragraph (a) against a commercially available database that may
 1150  be reasonably relied upon for accurate age information or
 1151  obtains a photocopy or other image of a valid government-issued
 1152  identification card stating the date of birth or age of the
 1153  individual.
 1154         (c) Provides to the individual, via electronic mail or
 1155  other means, a notice meeting the requirements of subsection
 1156  (4).
 1157         (d) If an order for nicotine products is made pursuant to
 1158  an advertisement on the Internet, receives payment for the
 1159  delivery sale from the consumer by a credit or debit card issued
 1160  in the name of the consumer, or by personal or company check of
 1161  the consumer.
 1162         (e) Submits, to each credit card acquiring company with
 1163  which the person has credit card sales, identification
 1164  information in an appropriate form and format so that the words
 1165  “nicotine product” may be printed in the purchaser’s credit card
 1166  statement when a purchase of a nicotine product is made by
 1167  credit card payment.
 1168         (f) Makes a telephone call after 5 p.m. to the purchaser
 1169  confirming the order before shipping the nicotine products. The
 1170  telephone call may be a person-to-person call or a recorded
 1171  message. The person accepting the order for delivery sale is not
 1172  required to speak directly with a person and may leave a message
 1173  on an answering machine or through voice mail.
 1174  
 1175  In addition to the requirements of this subsection, a person
 1176  accepting an order for a delivery sale may request that a
 1177  consumer provide an electronic mail address.
 1178         (4) The notice described in paragraph (3)(c) must include
 1179  prominent and clearly legible statements that sales of nicotine
 1180  products are:
 1181         (a) Illegal if made to individuals who are not 21 years of
 1182  age or older.
 1183         (b) Restricted to those individuals who provide verifiable
 1184  proof of age in accordance with subsection (3).
 1185         (5) Each person who mails, ships, or otherwise delivers
 1186  nicotine products in connection with an order for a delivery
 1187  sale must:
 1188         (a) Include as part of the shipping documents, in a clear
 1189  and conspicuous manner, the following statement: “Nicotine
 1190  Products: Florida law prohibits shipping to individuals under 21
 1191  years of age.”
 1192         (b) Use a method of mailing, shipping, or delivery which
 1193  obligates the delivery service to require:
 1194         1. The individual submitting the order for the delivery
 1195  sale or another person 21 years of age or older who resides at
 1196  the individual’s address to sign his or her name to accept
 1197  delivery of the shipping container. Proof of the legal minimum
 1198  purchase age of the individual accepting delivery is required
 1199  only if the individual appears to be under 30 years of age.
 1200         2. Proof that the individual is either the addressee or the
 1201  individual who is 21 years of age or older designated by the
 1202  addressee, in the form of a valid, government-issued
 1203  identification card bearing a photograph of the individual who
 1204  signs to accept delivery of the shipping container.
 1205  
 1206  If the person accepting a purchase order for a delivery sale
 1207  delivers the nicotine products without using a delivery service,
 1208  the person must comply with all of the requirements of this
 1209  section which apply to a delivery service. Any failure to comply
 1210  with a requirement of this section constitutes a violation
 1211  thereof.
 1212         (6) This section does not apply to delivery sales of
 1213  nicotine products to a retail nicotine products dealer or a
 1214  retail tobacco products dealer, as defined in s. 569.002.
 1215         (7) An individual 21 years of age or older who knowingly
 1216  violates any provision of this section commits a misdemeanor of
 1217  the second degree, punishable as provided in s. 775.082 or s.
 1218  775.083.
 1219         (8) The Attorney General, the Attorney General’s designee,
 1220  or a state attorney may bring an action in the appropriate court
 1221  in the state to prevent or restrain violations of this section
 1222  by any person.
 1223         Section 35. Section 877.112, Florida Statutes, is repealed.
 1224         Section 36. This act shall take effect October 1, 2021.