Florida Senate - 2024                                    SB 1006
       
       
        
       By Senator Perry
       
       
       
       
       
       9-00873A-24                                           20241006__
    1                        A bill to be entitled                      
    2         An act relating to nicotine products; reordering and
    3         amending s. 569.31, F.S.; revising and defining terms
    4         for purposes of part II of ch. 569, F.S.; creating s.
    5         569.311, F.S.; requiring nicotine products
    6         manufacturers to execute and deliver a form, under
    7         penalty of perjury, to the Division of Alcoholic
    8         Beverages and Tobacco of the Department of Business
    9         and Professional Regulation for each product sold
   10         within this state which meets certain criteria;
   11         specifying requirements for the form prescribed by the
   12         division; requiring manufacturers to submit certain
   13         additional materials when submitting the form to the
   14         division; requiring a manufacturer to notify the
   15         division of certain events; requiring the division to
   16         develop and maintain a directory listing certified
   17         nicotine products manufacturers and certified nicotine
   18         products by a specified date; specifying requirements
   19         for the directory; providing procedures and notice to
   20         manufacturers for removal of the manufacturer or any
   21         of its products from the directory; providing for
   22         administrative review of action by the division
   23         regarding the directory; requiring manufacturers to
   24         take certain actions upon a product’s removal from the
   25         directory; providing penalties for certain violations
   26         by manufacturers; subjecting retail and wholesale
   27         nicotine products dealers to inspections or audits to
   28         ensure compliance; requiring the division to publish
   29         findings of such inspections and audits and make them
   30         available to the public; authorizing the division to
   31         adopt certain procedures by rule; creating s. 569.312,
   32         F.S.; requiring specified manufacturers and dealers of
   33         nicotine products to maintain certain records for a
   34         specified timeframe; requiring such manufacturers and
   35         dealers to timely comply with division requests to
   36         produce records; authorizing the division to examine
   37         such records for specified purposes; providing for
   38         enforcement; authorizing the division to assess
   39         administrative fines for noncompliance and to deposit
   40         them into the General Revenue Fund; creating s.
   41         569.313, F.S.; prohibiting the sale, shipment, or
   42         distributing of certain nicotine products into this
   43         state; providing a criminal penalty; authorizing the
   44         division to assess fines and deposit them into the
   45         General Revenue Fund; creating s. 569.316, F.S.;
   46         requiring persons or entities that seek to deal or
   47         sell certain nicotine products or dispensing devices
   48         to retail dealers to obtain a wholesale nicotine
   49         products dealer permit; specifying requirements and
   50         limitations regarding the issuance of such permits;
   51         specifying conditions under which the division may
   52         refuse to issue a permit; providing requirements and
   53         limitations for permitholders; providing construction;
   54         creating s. 569.317, F.S.; requiring wholesale
   55         nicotine products dealer permitholders to sell only
   56         nicotine products listed in the division’s directory;
   57         authorizing the division to revoke or suspend a permit
   58         if a violation is deemed to have occurred; authorizing
   59         the division to assess administrative penalties for
   60         violations and to deposit them into the General
   61         Revenue Fund; amending s. 569.32, F.S.; requiring that
   62         retail nicotine products dealer permits be issued
   63         annually; providing procedures for the renewal of
   64         permits; requiring the division to levy a delinquent
   65         fee under certain circumstances; requiring the
   66         division to adopt by rule a certain procedure for the
   67         submittal of applications; prohibiting the division
   68         from granting exemptions from permit fees; making
   69         technical changes; amending s. 569.33, F.S.; providing
   70         that holders of a wholesale nicotine products dealer
   71         permit must consent to certain inspections and
   72         searches without a warrant; amending s. 569.34, F.S.;
   73         providing criminal penalties for the unlawful sale or
   74         dealing of unlisted nicotine products; providing
   75         criminal penalties for the unauthorized purchase of
   76         certain nicotine products; authorizing the division to
   77         suspend or revoke a permit of a permitholder upon
   78         sufficient cause of a violation of part II of ch. 569,
   79         F.S.; authorizing the division to assess an
   80         administrative penalty for violations and deposit them
   81         into the General Revenue Fund; making technical
   82         changes; creating s. 569.345, F.S.; providing for the
   83         seizure and destruction of unlawful nicotine products
   84         in accordance with the Florida Contraband Forfeiture
   85         Act; requiring a court with jurisdiction to take
   86         certain action; requiring the division to maintain
   87         certain records; requiring that costs be borne by the
   88         person who held the seized products; amending s.
   89         569.002, F.S.; conforming cross-references to changes
   90         made by the act; providing an effective date.
   91          
   92  Be It Enacted by the Legislature of the State of Florida:
   93  
   94         Section 1. Section 569.31, Florida Statutes, is reordered
   95  and amended to read:
   96         569.31 Definitions.—As used in this part, the term:
   97         (2)(1) “Dealer” is synonymous with the term “retail
   98  nicotine products dealer.”
   99         (3)(2) “Division” means the Division of Alcoholic Beverages
  100  and Tobacco of the Department of Business and Professional
  101  Regulation.
  102         (4)“FDA” means the United States Food and Drug
  103  Administration.
  104         (5)(3) “Nicotine dispensing device” means any product that
  105  employs an electronic, chemical, or mechanical means to produce
  106  vapor or aerosol from a nicotine product, including, but not
  107  limited to, an electronic cigarette, electronic cigar,
  108  electronic cigarillo, electronic pipe, or other similar device
  109  or product, any replacement cartridge for such device, and any
  110  other container of nicotine in a solution or other form intended
  111  to be used with or within an electronic cigarette, electronic
  112  cigar, electronic cigarillo, electronic pipe, or other similar
  113  device or product.
  114         (6)(4) “Nicotine product” means any product that contains
  115  nicotine, including liquid nicotine, which is intended for human
  116  consumption, whether inhaled, chewed, absorbed, dissolved, or
  117  ingested by any means. The term also includes any nicotine
  118  dispensing device. For purposes of this definition, each
  119  individual stock keeping unit is considered a separate nicotine
  120  product. The term does not include a:
  121         (a) Tobacco product, as defined in s. 569.002;
  122         (b) Product regulated as a drug or device by the United
  123  States Food and Drug Administration under Chapter V of the
  124  Federal Food, Drug, and Cosmetic Act; or
  125         (c) Product that contains incidental nicotine.
  126         (7) “Nicotine products manufacturer” means any person that
  127  manufactures nicotine products.
  128         (8)(5) “Permit” is synonymous with the term “retail
  129  nicotine products dealer permit.”
  130         (9)(6) “Retail nicotine products dealer” means the holder
  131  of a retail nicotine products dealer permit.
  132         (10)(7) “Retail nicotine products dealer permit” means a
  133  permit issued by the division under s. 569.32.
  134         (11)(8) “Self-service merchandising” means the open display
  135  of nicotine products, whether packaged or otherwise, for direct
  136  retail customer access and handling before purchase without the
  137  intervention or assistance of the dealer or the dealer’s owner,
  138  employee, or agent. An open display of such products and devices
  139  includes the use of an open display unit.
  140         (12) “Wholesale nicotine products dealer” means the holder
  141  of a wholesale nicotine products dealer permit who purchases
  142  nicotine dispensing devices or nicotine products from any
  143  nicotine products manufacturer.
  144         (13) “Wholesale nicotine products dealer permit” means a
  145  permit issued by the division under s. 569.316.
  146         (1)(9) “Any person under the age of 21” does not include
  147  any person under the age of 21 who:
  148         (a) Is in the military reserve or on active duty in the
  149  Armed Forces of the United States; or
  150         (b) Is acting in his or her scope of lawful employment.
  151         Section 2. Section 569.311, Florida Statutes, is created to
  152  read:
  153         569.311 Nicotine product directory.—
  154         (1) Every nicotine products manufacturer that sells
  155  nicotine products in this state shall execute and deliver a
  156  form, prescribed by the division, under penalty of perjury for
  157  each nicotine product sold that meets either of the following
  158  criteria:
  159         (a) A nicotine product which contains nicotine derived from
  160  a tobacco source and was on the market in the United States as
  161  of August 8, 2016, and the manufacturer has applied for a
  162  marketing order pursuant to 21 U.S.C. s. 387j for the nicotine
  163  product by submitting a premarket tobacco product application on
  164  or before September 9, 2020, to the FDA, or the nicotine product
  165  contains nicotine derived from a non-tobacco source and was on
  166  the market in the United States as of April 14, 2022, and the
  167  manufacturer has applied for a marketing order pursuant to 21
  168  U.S.C. s. 387j for the nicotine product containing nicotine
  169  derived from a non-tobacco source by submitting a premarket
  170  tobacco product application on or before May 14, 2022, and:
  171         1. The premarket tobacco product application for the
  172  nicotine product remains under review by the FDA, and neither a
  173  marketing authorization nor a marketing denial order has been
  174  issued; or
  175         2. The FDA issued a marketing denial order for the nicotine
  176  product, but the FDA or a federal court issued a stay or an
  177  injunction during the pendency of the manufacturer’s appeal of
  178  the marketing denial order or either the order has been appealed
  179  to the FDA or a challenge to the order has been filed with a
  180  federal court and the appeal or challenge is still pending.
  181         (b) The nicotine products manufacturer has received a
  182  marketing authorization or other authorization under 21 U.S.C.
  183  s. 387j for the nicotine product from the FDA.
  184         (2) The form prescribed by the division pursuant to
  185  subsection (1) must require each nicotine products manufacturer
  186  to set forth the name under which the nicotine products
  187  manufacturer transacts or intends to transact business, the
  188  address of the location of the nicotine products manufacturer’s
  189  principal place of business, the nicotine products
  190  manufacturer’s e-mail address, and any other information the
  191  division requires. The division may allow a nicotine products
  192  manufacturer to group its nicotine products on its
  193  certification.
  194         (3) In addition to completing the form prescribed by the
  195  division pursuant to subsection (1), each nicotine products
  196  manufacturer shall provide a copy of the cover page of the
  197  premarket tobacco application with evidence of the receipt of
  198  the application by the FDA, or a copy of the cover page of the
  199  marketing authorization or other authorization issued pursuant
  200  to 21 U.S.C. s. 387j, whichever is applicable.
  201         (4) Any nicotine products manufacturer submitting a
  202  certification pursuant to subsection (1) shall notify the
  203  division within 30 days after any material change to the
  204  certification, including, but not limited to, issuance by the
  205  FDA of any of the following:
  206         (a) A market authorization or authorization pursuant to 21
  207  U.S.C. s. 387j;
  208         (b) An order requiring a nicotine products manufacturer to
  209  remove a product from the market either temporarily or
  210  permanently;
  211         (c) Any notice of action taken by the FDA affecting the
  212  ability of the nicotine product to be introduced or delivered in
  213  this state for commercial distribution;
  214         (d) Any change in policy which results in a nicotine
  215  product no longer being exempt from federal enforcement
  216  oversight; or
  217         (e) Any other change deemed material by the division
  218  pursuant to a rule of the division.
  219         (5) The division shall develop and maintain a directory
  220  listing all nicotine products manufacturers and the nicotine
  221  products certified with the division which comply with this
  222  section. The division shall make the directory available January
  223  1, 2025, on its or the Department of Business and Professional
  224  Regulation’s website. The division shall update the directory as
  225  necessary.
  226         (6) The division shall provide a nicotine products
  227  manufacturer notice and an opportunity to cure deficiencies
  228  before removing the manufacturer or its nicotine product from
  229  the directory.
  230         (a) The division may not remove the nicotine products
  231  manufacturer or its nicotine product from the directory until at
  232  least 15 days after the nicotine products manufacturer has been
  233  given notice of an intended action. Notice is sufficient and
  234  deemed immediately received by a nicotine products manufacturer
  235  if the notice is sent either electronically or by facsimile to
  236  an e-mail address or facsimile number provided by the nicotine
  237  products manufacturer in its most recent certification filed
  238  under subsection (1).
  239         (b) The nicotine products manufacturer has 15 days from the
  240  date of service of the notice of the division’s intended action
  241  to establish that the nicotine products manufacturer or its
  242  nicotine product should be included in the directory.
  243         (c) A determination by the division not to include or to
  244  remove from the directory a nicotine products manufacturer or
  245  nicotine product is subject to review under chapter 120. If a
  246  nicotine products manufacturer seeks review of removal from the
  247  directory, the division must keep the nicotine product on the
  248  directory until conclusion of the hearing.
  249         (d) If a nicotine product is removed from the directory,
  250  each retailer and wholesaler has 21 days from the day such
  251  product is removed from the directory to remove the product from
  252  its inventory and return the product to the manufacturer. Each
  253  nicotine products manufacturer shall provide to the division
  254  information regarding the return of such product and how the
  255  returned product was disposed of within 21 days after receipt.
  256  After 21 days following removal from the directory, the product
  257  identified in the notice of removal is contraband and subject to
  258  s. 569.345.
  259         (7) Beginning March 1, 2025, or on the date that the
  260  division first makes the directory available for public
  261  inspection on its or the Department of Business and Professional
  262  Regulation’s website, whichever is later, a nicotine products
  263  manufacturer that offers for sale a nicotine product not listed
  264  on the directory is subject to a fine of $1,000 per day for each
  265  nicotine product offered for sale in violation of this section
  266  until the offending product is removed from the market or until
  267  the offending product is properly listed on the directory.
  268         (8) A nicotine products manufacturer that falsely
  269  represents any of the information required by subsection (1) or
  270  subsection (2) commits a felony of the third degree for each
  271  false representation, punishable as provided in s. 775.082 or s.
  272  775.083.
  273         (9) Each retail nicotine products dealer and wholesale
  274  nicotine products dealer is subject to unannounced inspections
  275  or audit checks by the division for purposes of enforcing this
  276  section. The division shall conduct unannounced follow-up
  277  compliance checks of all noncompliant retail nicotine products
  278  dealers or wholesale nicotine products dealers within 30 days
  279  after any violation of this section. The division shall publish
  280  the results of all inspections or audits at least annually and
  281  shall make the results available to the public on request.
  282         (10) The division may establish by rule a procedure to
  283  allow nicotine products manufacturers to renew certifications
  284  without having to resubmit all the information required by this
  285  section.
  286         Section 3. Section 569.312, Florida Statutes, is created to
  287  read:
  288         569.312 Maintenance and inspection of nicotine product
  289  records.—
  290         (1) Each nicotine products manufacturer shall maintain and
  291  keep for a period of 3 years, at the address listed on the
  292  certification required pursuant to s. 569.311, a complete and
  293  accurate record of the amount of each nicotine product sold or
  294  delivered to a wholesaler in this state and to whom each
  295  nicotine product was sold on a wholesale basis, including the
  296  business name, license number, shipping and business addresses,
  297  e-mail address, and telephone number for the person or entity to
  298  which each product was sold. Such records may be kept in an
  299  electronic or paper format.
  300         (2) Each retail nicotine products dealer; wholesale
  301  nicotine products dealer; wholesale dealer, as defined in s.
  302  210.01(6); and distributing agent, as defined in s. 210.01(14),
  303  shall maintain and keep for a period of 3 years at its principal
  304  place of business a complete and accurate record of the amount
  305  of each nicotine product received, delivered, or sold in this
  306  state and to whom each nicotine product was sold or delivered or
  307  from whom they received each nicotine product, including the
  308  business name, license number, shipping and business addresses,
  309  e-mail address, and telephone number for the person or entity to
  310  which each product was sold or delivered or from which each
  311  product was received. Such records may be kept in an electronic
  312  or paper format.
  313         (3) Nicotine products manufacturers; retail nicotine
  314  products dealers; wholesale nicotine products dealers; wholesale
  315  dealers, as defined in s. 210.01(6); and distributing agents, as
  316  defined in s. 210.01(14), who sell or deliver nicotine products
  317  directly to consumers are not required to keep and maintain the
  318  name, address, e-mail address, and telephone number of consumers
  319  who purchase or receive nicotine products.
  320         (4)Upon request by the division, a nicotine products
  321  manufacturer, including a nicotine products manufacturer selling
  322  nicotine products directly to consumers; a retail nicotine
  323  products dealer; a wholesale nicotine products dealer; a
  324  wholesale dealer, as defined in s. 210.01(6); and a distributing
  325  agent, as defined in s. 210.01(14), shall timely provide to the
  326  division or its duly authorized representative copies of records
  327  related to the nicotine products received, delivered, or sold in
  328  this state and to whom those nicotine products were sold or
  329  delivered or from whom they were received.
  330         (5) The division, or a designated employee thereof, may
  331  examine the records required to be maintained by each nicotine
  332  products manufacturer, retail nicotine products dealer,
  333  wholesale nicotine products dealer, wholesale dealer, as defined
  334  in s. 210.01(6), and distributing agent, as defined in s.
  335  210.01(14); issue subpoenas to such persons or entities;
  336  administer oaths; and take depositions of witnesses within or
  337  outside of this state. The civil law of this state regarding
  338  enforcing obedience to a subpoena lawfully issued by a judge or
  339  other person duly authorized to issue subpoenas under the laws
  340  of this state in civil cases applies to a subpoena issued by the
  341  division, or any designated employee thereof. The subpoena may
  342  be enforced by writ of attachment issued by the division, or any
  343  designated employee, for such witness to compel him or her to
  344  attend before the division, or any designated employee, and give
  345  his or her testimony and to bring and produce such records as
  346  may be required for examination. The division, or any designated
  347  employee, may bring an action against a witness who refuses to
  348  appear or give testimony by citation before the circuit court
  349  which shall punish such witness for contempt as in cases of
  350  refusal to obey the orders and process of the circuit court. The
  351  division may in such cases pay such attendance and mileage fees
  352  as are permitted to be paid to witnesses in civil cases
  353  appearing before the circuit court.
  354         (6)The division may assess an administrative fine of up to
  355  $1,000 for each violation of this section. The division shall
  356  deposit all fines collected into the General Revenue Fund. An
  357  order imposing an administrative fine becomes effective 15 days
  358  after the date of the order.
  359         Section 4. Section 569.313, Florida Statutes, is created to
  360  read:
  361         569.313 Shipment of unregistered nicotine products into
  362  this state.—
  363         (1) A nicotine products manufacturer may not sell, ship, or
  364  otherwise distribute a nicotine product in this state for which:
  365         (a) The FDA has entered an order requiring the nicotine
  366  products manufacturer to remove the product from the market
  367  either temporarily or permanently, which order has not been
  368  stayed by the FDA or a court of competent jurisdiction;
  369         (b) The nicotine products manufacturer has not submitted a
  370  premarket tobacco product application; or
  371         (c) The nicotine products manufacturer has not submitted
  372  the certification required under this chapter for the nicotine
  373  product.
  374         (2) Any person who knowingly ships or receives nicotine
  375  products in violation of this section commits a misdemeanor of
  376  the first degree, punishable as provided in s. 775.082 or s.
  377  775.083.
  378         (3) The division may also assess an administrative fine of
  379  up to $5,000 for each violation. The division shall deposit all
  380  fines collected into the General Revenue Fund. An order imposing
  381  an administrative fine becomes effective 15 days after the date
  382  of the order.
  383         Section 5. Section 569.316, Florida Statutes, is created to
  384  read:
  385         569.316 Wholesale nicotine products dealer permits;
  386  application; qualifications; renewal; duplicates.—
  387         (1)(a) Each person, firm, association, or corporation that
  388  seeks to deal, at wholesale, in nicotine products within this
  389  state, or to sell nicotine products or nicotine dispensing
  390  devices to any retail nicotine products dealer, must obtain a
  391  wholesale nicotine products dealer permit for each place of
  392  business or premises at which nicotine products are sold.
  393         (b) Application for a wholesale nicotine products dealer
  394  permit must be made on a form furnished by the division and must
  395  set forth the name under which the applicant transacts or
  396  intends to transact business, the address of the location of the
  397  applicant’s place of business, the applicant’s e-mail address,
  398  and any other information the division requires. If the
  399  applicant has or intends to have more than one place of business
  400  dealing in nicotine products, a separate application must be
  401  made for each place of business. If the applicant is a firm or
  402  an association, the application must set forth the names, e-mail
  403  addresses, and addresses of the persons constituting the firm or
  404  association. If the applicant is a corporation, the application
  405  must set forth the names, e-mail addresses, and addresses of the
  406  principal officers of the corporation. The application must also
  407  set forth any other information prescribed by the division for
  408  the purpose of identifying the applicant firm, association, or
  409  corporation. The application must be signed and verified by oath
  410  or affirmation by the owner, if a sole proprietor; or, if the
  411  owner is a firm, association, or partnership, by the members or
  412  partners thereof; or, if the owner is a corporation, by an
  413  executive officer of the corporation or by a person authorized
  414  by the corporation to sign the application, together with the
  415  written evidence of this authority.
  416         (2)(a) Wholesale nicotine products dealer permits may be
  417  issued only to persons who are 21 years of age or older or to
  418  corporations the officers of which are 21 years of age or older.
  419         (b) The division may refuse to issue a wholesale nicotine
  420  products dealer permit to any person, firm, association, or
  421  corporation whose permit has been revoked; to any corporation an
  422  officer of which has had such permit revoked; or to any person
  423  who is or has been an officer of a corporation whose permit has
  424  been revoked. The division must revoke any wholesale nicotine
  425  products dealer permit issued to a firm, an association, or a
  426  corporation prohibited from obtaining such permit under this
  427  chapter.
  428         (3) Upon approval of an application for a wholesale
  429  nicotine products dealer permit, the division shall issue to the
  430  applicant a wholesale nicotine products dealer permit for the
  431  place of business or premises specified in the application. A
  432  wholesale nicotine products dealer permit is not assignable and
  433  is valid only for the person in whose name the wholesale
  434  nicotine products dealer permit is issued and for the place
  435  designated in the wholesale nicotine products dealer permit. The
  436  wholesale nicotine products dealer permit must be conspicuously
  437  displayed at all times at the place for which it is issued.
  438         (4) A wholesale dealer, as defined in s. 210.01(6), or a
  439  distributing agent, as defined in s. 210.01(14), is not required
  440  to have a separate or additional wholesale nicotine products
  441  dealer permit to deal, at wholesale, in nicotine products within
  442  this state. A wholesale dealer, as defined in s. 210.01(6), a
  443  distributing agent, as defined in s. 210.01(14), or a tobacco
  444  products distributor, as defined in s. 210.25(5), which deals,
  445  at wholesale, in nicotine products is subject to, and must be in
  446  compliance with, this chapter.
  447         Section 6. Section 569.317, Florida Statutes, is created to
  448  read:
  449         569.317 Wholesale nicotine products dealer permitholder;
  450  administrative penalties.—A wholesale nicotine products dealer
  451  permitholder may only purchase and sell nicotine products
  452  contained on the directory created by the division pursuant to
  453  s. 569.311. The division may suspend or revoke the wholesale
  454  nicotine products dealer permit of a wholesale nicotine products
  455  dealer permitholder upon sufficient cause appearing of a
  456  violation of this part by a wholesale nicotine products dealer
  457  permitholder or its agent or employee. The division may also
  458  assess an administrative fine of up to $5,000 for each
  459  violation. The division shall deposit all fines collected into
  460  the General Revenue Fund. An order imposing an administrative
  461  fine becomes effective 15 days after the date of the order. The
  462  division may suspend the imposition of a penalty against a
  463  wholesale nicotine products dealer permitholder, conditioned
  464  upon compliance with terms the division considers appropriate.
  465         Section 7. Section 569.32, Florida Statutes, is amended to
  466  read:
  467         569.32 Retail nicotine products dealer permits;
  468  application; qualifications; renewal; duplicates.—
  469         (1)(a) Each person, firm, association, or corporation that
  470  seeks to deal, at retail, in nicotine products within this the
  471  state, or to allow a nicotine products vending machine to be
  472  located on its premises in this the state, must obtain a retail
  473  nicotine products dealer permit for each place of business or
  474  premises at which nicotine products are sold. Each dealer
  475  owning, leasing, furnishing, or operating vending machines
  476  through which nicotine products are sold must obtain a permit
  477  for each machine and shall post the permit in a conspicuous
  478  place on or near the machine; however, if the dealer has more
  479  than one vending machine at a single location or if nicotine
  480  products are sold both over the counter and through a vending
  481  machine at a single location, the dealer need obtain only one
  482  permit for that location.
  483         (b) Application for a permit must be made on a form
  484  furnished by the division and must set forth the name under
  485  which the applicant transacts or intends to transact business,
  486  the address of the location of the applicant’s place of business
  487  within this the state, and any other information the division
  488  requires. If the applicant has or intends to have more than one
  489  place of business dealing in nicotine products within this the
  490  state, a separate application must be made for each place of
  491  business. If the applicant is a firm or an association, the
  492  application must set forth the names and addresses of the
  493  persons constituting the firm or association; if the applicant
  494  is a corporation, the application must set forth the names and
  495  addresses of the principal officers of the corporation. The
  496  application must also set forth any other information prescribed
  497  by the division for the purpose of identifying the applicant
  498  firm, association, or corporation. The application must be
  499  signed and verified by oath or affirmation by the owner, if a
  500  sole proprietor; or, if the owner is a firm, association, or
  501  partnership, by the members or partners thereof; or, if the
  502  owner is a corporation, by an executive officer of the
  503  corporation or by a person authorized by the corporation to sign
  504  the application, together with the written evidence of this
  505  authority.
  506         (c) Permits must be issued annually.
  507         (d) The holder of a permit may renew the permit each year.
  508  A dealer that does not timely renew its permit must pay a late
  509  fee of $5 for each month or portion of a month occurring after
  510  expiration, and before renewal, of the dealer’s permit. The
  511  division shall establish by rule a renewal procedure that, to
  512  the greatest extent feasible, combines the application and
  513  permitting procedure for permits with the application and
  514  licensing system for alcoholic beverages.
  515         (e) The division may not grant an exemption from the permit
  516  fees prescribed in this subsection for any applicant.
  517         (2)(a) Permits may be issued only to persons who are 21
  518  years of age or older or to corporations the officers of which
  519  are 21 years of age or older.
  520         (b) The division may refuse to issue a permit to any
  521  person, firm, association, or corporation the permit of which
  522  has been revoked; to any corporation an officer of which has had
  523  his or her permit revoked; or to any person who is or has been
  524  an officer of a corporation the permit of which has been
  525  revoked. Any permit issued to a firm, an association, or a
  526  corporation prohibited from obtaining a permit under this
  527  chapter must shall be revoked by the division.
  528         (3) Upon approval of an application for a permit, the
  529  division shall issue to the applicant a permit for the place of
  530  business or premises specified in the application. A permit is
  531  not assignable and is valid only for the person in whose name
  532  the permit is issued and for the place designated in the permit.
  533  The permit must shall be conspicuously displayed at all times at
  534  the place for which issued.
  535         Section 8. Section 569.33, Florida Statutes, is amended to
  536  read:
  537         569.33 Consent to inspection and search without warrant.—An
  538  applicant for a retail nicotine products dealer permit or a
  539  wholesale nicotine products dealer permit, by accepting the
  540  permit when issued, agrees that the place or premises covered by
  541  the permit is subject to inspection and search without a search
  542  warrant by the division or its authorized assistants, and by
  543  sheriffs, deputy sheriffs, or police officers, to determine
  544  compliance with this part.
  545         Section 9. Section 569.34, Florida Statutes, is amended to
  546  read:
  547         569.34 Operating without a retail nicotine products dealer
  548  permit; penalty.—
  549         (1) It is unlawful for a person, a firm, an association, or
  550  a corporation to deal, at retail, in nicotine products, in any
  551  manner, or to allow a nicotine products vending machine to be
  552  located on its premises, without having a retail nicotine
  553  product dealer permit as required by s. 569.32. A person who
  554  violates this subsection section commits a noncriminal
  555  violation, punishable by a fine of not more than $500.
  556         (2) A retail tobacco products dealer, as defined in s.
  557  569.002(4), is not required to have a separate or additional
  558  retail nicotine products dealer permit to deal, at retail, in
  559  nicotine products within this the state, or allow a nicotine
  560  products vending machine to be located on its premises in this
  561  the state. Any retail tobacco products dealer that deals, at
  562  retail, in nicotine products or allows a nicotine products
  563  vending machine to be located on its premises in this the state,
  564  is subject to, and must be in compliance with, this part.
  565         (3) Any person who violates subsection (1) must this
  566  section shall be cited for such infraction and must shall be
  567  cited to appear before the county court. The citation may
  568  indicate the time, date, and location of the scheduled hearing
  569  and must indicate that the penalty for a noncriminal violation
  570  is a fine of not more than $500.
  571         (a) A person cited for a violation of subsection (1) for an
  572  infraction under this section may:
  573         1. Post a $500 bond; or
  574         2. Sign and accept the citation indicating a promise to
  575  appear.
  576         (b) A person cited for violating this section may:
  577         1. Pay the fine, either by mail or in person, within 10
  578  days after receiving the citation; or
  579         2. If the person has posted bond, forfeit the bond by not
  580  appearing at the scheduled hearing.
  581         (c) If the person pays the fine or forfeits bond, the
  582  person is deemed to have admitted violating this section and to
  583  have waived the right to a hearing on the issue of commission of
  584  the violation. Such admission may not be used as evidence in any
  585  other proceeding.
  586         (d) The court, after a hearing, shall make a determination
  587  as to whether an infraction has been committed. If the
  588  commission of an infraction has been proven beyond a reasonable
  589  doubt, the court may impose a civil penalty in an amount that
  590  may not exceed $500.
  591         (e) If a person is found by the court to have committed the
  592  infraction, that person may appeal that finding to the circuit
  593  court.
  594         (4) On or after March 1, 2025, it is unlawful for a person,
  595  a firm, an association, or a corporation to deal, at retail, in
  596  nicotine products that are not listed on the directory created
  597  pursuant to s. 569.311. Any person who knowingly ships or
  598  receives nicotine products in violation of this section commits
  599  a misdemeanor of the second degree, punishable as provided in s.
  600  775.082 or s. 775.083.
  601         (5) On or after January 1, 2025, it is unlawful for a
  602  retail nicotine products dealer, other than a nicotine products
  603  manufacturer that also is permitted as a retail nicotine
  604  products dealer and is selling its own products directly to
  605  consumers, to buy nicotine products from a wholesaler,
  606  manufacturer, or other source that is not a wholesale nicotine
  607  products dealer permitholder, a wholesale dealer, as defined in
  608  s. 210.01(6), a distributing agent, as defined in s. 210.01(14),
  609  or a tobacco products distributor, as defined in s. 210.25(5).
  610  Any person who knowingly ships or receives nicotine products in
  611  violation of this section commits a misdemeanor of the second
  612  degree, punishable as provided in s. 775.082 or s. 775.083.
  613         (6) The division may suspend or revoke the permit of a
  614  retail nicotine products dealer permitholder, upon sufficient
  615  cause appearing of a violation of this part by a retail nicotine
  616  products dealer permitholder, or its agent or employee. The
  617  division may also assess an administrative fine of up to $1,000
  618  for each violation. The division shall deposit all fines
  619  collected into the General Revenue Fund. An order imposing an
  620  administrative fine becomes effective 15 days after the date of
  621  the order.
  622         Section 10. Section 569.345, Florida Statutes, is created
  623  to read:
  624         569.345 Seizure and destruction of contraband nicotine
  625  products.—All nicotine products sold, delivered, possessed, or
  626  distributed contrary to any provisions of this chapter are
  627  declared to be contraband, are subject to seizure and
  628  confiscation under the Florida Contraband Forfeiture Act by any
  629  person whose duty it is to enforce the provisions of this
  630  chapter, and must be disposed of as follows:
  631         (1) A court having jurisdiction shall order such nicotine
  632  products forfeited and destroyed. A record of the place where
  633  such nicotine products and any accompanying nicotine dispensing
  634  devices were seized, the kinds and quantities of nicotine
  635  products and accompanying nicotine dispensing devices destroyed,
  636  and the time, place, and manner of destruction must be kept, and
  637  a return under oath reporting the destruction must be made to
  638  the court by the officer who destroys them.
  639         (2) The division shall keep a full and complete record of
  640  all nicotine products and nicotine dispensing devices showing:
  641         (a) The exact kinds, quantities, and forms of such nicotine
  642  products or nicotine dispensing devices;
  643         (b) The persons from whom they were received and to whom
  644  they were delivered;
  645         (c) By whose authority they were received, delivered, and
  646  destroyed; and
  647         (d) The dates of the receipt, disposal, or destruction,
  648  which record must be open to inspection by all persons charged
  649  with the enforcement of tobacco and nicotine product laws.
  650         (3) The cost of seizure, confiscation, and destruction of
  651  contraband nicotine products is borne by the person from whom
  652  such products are seized.
  653         Section 11. Subsections (3) and (4) of section 569.002,
  654  Florida Statutes, are amended to read:
  655         569.002 Definitions.—As used in this part, the term:
  656         (3) “Nicotine product” has the same meaning as provided in
  657  s. 569.31 s. 569.31(4).
  658         (4) “Nicotine dispensing device” has the same meaning as
  659  provided in s. 569.31 s. 569.31(3).
  660         Section 12. This act shall take effect October 1, 2024.