Florida Senate - 2024 CS for SB 1006
By the Committee on Regulated Industries; and Senator Perry
580-02895-24 20241006c1
1 A bill to be entitled
2 An act relating to nicotine products and dispensing
3 devices; reordering and amending s. 569.31, F.S.;
4 revising and defining terms for purposes of part II of
5 ch. 569, F.S.; creating s. 569.311, F.S.; requiring
6 nicotine product manufacturers who sell nicotine
7 dispensing products in this state to execute and
8 deliver a form, under penalty of perjury, to the
9 Division of Alcoholic Beverages and Tobacco of the
10 Department of Business and Professional Regulation for
11 each dispensing device sold within this state which
12 meets certain criteria; specifying requirements for
13 the form prescribed by the division; requiring
14 nicotine product manufacturers to submit certain
15 additional materials when submitting the form to the
16 division; requiring a manufacturer to notify the
17 division of certain events; requiring the division to
18 develop and maintain a directory listing certified
19 nicotine product manufacturers and certified nicotine
20 dispensing devices by a specified date; specifying
21 requirements for the directory; requiring the division
22 to establish rules to provide notice to a nicotine
23 product manufacturer before removal of the
24 manufacturer or any of its nicotine dispensing devices
25 from the directory; providing for administrative
26 review of action by the division regarding the
27 directory; providing penalties for certain violations
28 by manufacturers; subjecting retail and wholesale
29 nicotine products dealers to inspections or audits to
30 ensure compliance; requiring the division to publish
31 findings of such inspections and audits and make them
32 available to the public; authorizing the division to
33 adopt certain procedures by rule; authorizing the
34 division to take certain actions against nicotine
35 product manufacturers who fail to provide certain
36 documents or information; requiring all fines to be
37 deposited into the General Revenue Fund; creating s.
38 569.312, F.S.; requiring specified manufacturers and
39 dealers of nicotine dispensing devices to maintain
40 certain records for a specified timeframe; requiring
41 such manufacturers and dealers to timely comply with
42 division requests to produce records; authorizing the
43 division to examine such records for specified
44 purposes; providing for enforcement; authorizing the
45 division to assess administrative fines for
46 noncompliance and requiring all fines to be deposited
47 into the General Revenue Fund; creating s. 569.313,
48 F.S.; prohibiting the sale, shipment, or distributing
49 of certain nicotine dispensing devices from being sold
50 for retail sale in this state; providing a criminal
51 penalty; authorizing the division to assess fines and
52 requiring all fines to be deposited into the General
53 Revenue Fund; creating s. 569.316, F.S.; requiring
54 persons or entities that seek to deal or sell certain
55 nicotine products to retail dealers to obtain a
56 wholesale nicotine products dealer permit; specifying
57 requirements and limitations regarding the issuance of
58 such permits; specifying conditions under which the
59 division may refuse to issue a permit; providing
60 requirements and limitations for permitholders;
61 providing that a wholesale dealer or a distributing
62 agent do not need separate or additional wholesale
63 nicotine products permit in this state; creating s.
64 569.317, F.S.; requiring wholesale nicotine products
65 dealer permitholders to purchase and sell for retail
66 sale only nicotine dispensing devices listed in the
67 division’s directory; authorizing the division to
68 suspend or revoke a permit if a violation is deemed to
69 have occurred; authorizing the division to assess
70 administrative penalties for violations and requiring
71 all fines to be deposited into the General Revenue
72 Fund; amending s. 569.32, F.S.; requiring that retail
73 nicotine products dealer permits be issued annually;
74 providing procedures for the renewal of permits;
75 requiring the division to levy a delinquent fee under
76 certain circumstances; requiring the division to adopt
77 by rule a certain procedure for the submittal of
78 applications; prohibiting the division from granting
79 exemptions from permit fees; making technical changes;
80 amending s. 569.33, F.S.; providing that holders of a
81 wholesale nicotine products dealer permit must consent
82 to certain inspections and searches without a warrant;
83 amending s. 569.34, F.S.; providing criminal penalties
84 for the unlawful sale or dealing of unlisted nicotine
85 dispensing devices; providing criminal penalties for
86 the unauthorized purchase of certain nicotine
87 dispensing devices; authorizing the division to
88 suspend or revoke a permit of a permitholder upon
89 sufficient cause of a violation of part II of ch. 569,
90 F.S.; authorizing the division to assess an
91 administrative penalty for violations and requiring
92 all fines to be deposited into the General Revenue
93 Fund; making technical changes; creating s. 569.345,
94 F.S.; providing for the seizure and destruction of
95 unlawful nicotine dispensing devices in accordance
96 with the Florida Contraband Forfeiture Act; requiring
97 a court with jurisdiction to take certain action;
98 requiring the division to maintain certain records;
99 requiring that costs be borne by the person who held
100 the seized products; creating s. 569.346, F.S.;
101 requiring certain manufacturers of nicotine dispensing
102 devices to appoint an agent for certain purposes;
103 requiring such manufacturers to provide certain
104 notice; appointing the Secretary of State as the agent
105 to manufacturers who have not appointed an agent;
106 amending s. 569.002, F.S.; conforming cross-references
107 to changes made by the act; providing an effective
108 date.
109
110 Be It Enacted by the Legislature of the State of Florida:
111
112 Section 1. Section 569.31, Florida Statutes, is reordered
113 and amended to read:
114 569.31 Definitions.—As used in this part, the term:
115 (2)(1) “Dealer” is synonymous with the term “retail
116 nicotine products dealer.”
117 (3)(2) “Division” means the Division of Alcoholic Beverages
118 and Tobacco of the Department of Business and Professional
119 Regulation.
120 (4) “FDA” means the United States Food and Drug
121 Administration.
122 (5)(3) “Nicotine dispensing device” means any product that
123 employs an electronic, chemical, or mechanical means to produce
124 vapor or aerosol from a nicotine product, including, but not
125 limited to, an electronic cigarette, electronic cigar,
126 electronic cigarillo, electronic pipe, or other similar device
127 or product, any replacement cartridge for such device, and any
128 other container of nicotine in a solution or other form intended
129 to be used with or within an electronic cigarette, electronic
130 cigar, electronic cigarillo, electronic pipe, or other similar
131 device or product. For purposes of this definition, each
132 individual stock keeping unit is considered a separate nicotine
133 dispensing device.
134 (6)(4) “Nicotine product” means any product that contains
135 nicotine, including liquid nicotine, which is intended for human
136 consumption, whether inhaled, chewed, absorbed, dissolved, or
137 ingested by any means. The term also includes any nicotine
138 dispensing device. The term does not include a:
139 (a) Tobacco product, as defined in s. 569.002;
140 (b) Product regulated as a drug or device by the United
141 States Food and Drug Administration under Chapter V of the
142 Federal Food, Drug, and Cosmetic Act; or
143 (c) Product that contains incidental nicotine.
144 (7) “Nicotine product manufacturer” means any person that
145 manufactures nicotine products.
146 (8)(5) “Permit” is synonymous with the term “retail
147 nicotine products dealer permit.”
148 (9)(6) “Retail nicotine products dealer” means the holder
149 of a retail nicotine products dealer permit.
150 (10)(7) “Retail nicotine products dealer permit” means a
151 permit issued by the division under s. 569.32.
152 (11)(8) “Self-service merchandising” means the open display
153 of nicotine products, whether packaged or otherwise, for direct
154 retail customer access and handling before purchase without the
155 intervention or assistance of the dealer or the dealer’s owner,
156 employee, or agent. An open display of such products and devices
157 includes the use of an open display unit.
158 (12) “Sell” or “sale” means in addition to its common usage
159 meaning, any sale, transfer, exchange, theft, barter, gift, or
160 offer for sale and distribution, in any manner or by any means
161 whatsoever.
162 (13) “Timely filed premarket tobacco product application”
163 means an application pursuant to 21 U.S.C. s. 387j for a
164 nicotine dispensing device containing nicotine derived from
165 tobacco marketed in the United States as of August 8, 2016, that
166 was submitted to the FDA on or before September 9, 2020, and
167 accepted for filing.
168 (14) “Wholesale nicotine products dealer” means the holder
169 of a wholesale nicotine products dealer permit who purchases
170 nicotine dispensing devices or nicotine products from any
171 nicotine product manufacturer.
172 (15) “Wholesale nicotine products dealer permit” means a
173 permit issued by the division under s. 569.316.
174 (1)(9) “Any person under the age of 21” does not include
175 any person under the age of 21 who:
176 (a) Is in the military reserve or on active duty in the
177 Armed Forces of the United States; or
178 (b) Is acting in his or her scope of lawful employment.
179 Section 2. Section 569.311, Florida Statutes, is created to
180 read:
181 569.311 Nicotine dispensing device directory.—
182 (1) By December 1, 2024, and annually thereafter, every
183 nicotine product manufacturer that sells nicotine dispensing
184 devices to any person for eventual retail sale in this state
185 shall execute and deliver a form, prescribed by the division,
186 under penalty of perjury for each such nicotine dispensing
187 device sold that meets either of the following criteria:
188 (a) The manufacturer of a nicotine dispensing device has
189 submitted a timely filed premarket tobacco product application
190 for the nicotine dispensing device pursuant to 21 U.S.C. s. 387j
191 to the FDA, and the application either remains under review by
192 the FDA, or has received a marketing denial order that has been
193 and remains stayed by the FDA or court order, rescinded by the
194 FDA, or vacated by a court; or
195 (b) The nicotine product manufacturer has received a
196 marketing granted order under 21 U.S.C. s. 387j for the nicotine
197 dispensing device from the FDA.
198 (2) The form prescribed by the division pursuant to
199 subsection (1) must require each nicotine product manufacturer
200 to set forth the name under which the nicotine product
201 manufacturer transacts or intends to transact business, the
202 address of the location of the nicotine product manufacturer’s
203 principal place of business, the nicotine product manufacturer’s
204 e-mail address, and the brand name of the nicotine dispensing
205 device, the device’s category (e.g., e-liquid, power unit,
206 device, e-liquid cartridge, e-liquid pod, disposable), the
207 device’s name, and any flavor utilized with the device that is
208 sold in this state. The division may allow a nicotine product
209 manufacturer to group its nicotine dispensing devices on its
210 certification.
211 (3) In addition to completing the form prescribed by the
212 division pursuant to subsection (1), each nicotine product
213 manufacturer shall provide a copy of the cover page of the
214 granted marketing order issued by the FDA pursuant to 21 U.S.C.
215 s. 387j for each device; a copy of the acceptance letter issued
216 by the FDA pursuant to 21 U.S.C. s. 387j for a timely filed
217 premarket tobacco product application for each device; or a
218 document issued by the FDA or by a court confirming that the
219 premarket tobacco product application has been received and
220 denied, but the order is not yet in effect for each device.
221 (4) Any nicotine product manufacturer submitting a
222 certification pursuant to subsection (1) shall notify the
223 division within 30 days after any material change to the
224 certification, including, but not limited to, issuance by the
225 FDA of any of the following:
226 (a) A denial of a market authorization pursuant to 21
227 U.S.C. s. 387j;
228 (b) An order requiring a nicotine product manufacturer to
229 remove a nicotine dispensing device or nicotine product from the
230 market either temporarily or permanently;
231 (c) Any notice of action taken by the FDA affecting the
232 ability of the nicotine dispensing device to be introduced or
233 delivered in this state for commercial distribution;
234 (d) Any change in policy which results in a nicotine
235 dispensing device becoming an FDA enforcement priority; or
236 (e) Any other change deemed material by the division
237 pursuant to a rule of the division.
238 (5) The division shall develop and maintain a directory
239 listing all nicotine product manufacturers that sell nicotine
240 dispensing devices in this state and the nicotine dispensing
241 devices certified by those manufacturers with the division which
242 comply with this section. The division shall make the directory
243 available January 1, 2025, on its or the Department of Business
244 and Professional Regulation’s website. The division shall update
245 the directory as necessary. The division shall establish a
246 process to provide retailers, distributors, and wholesalers
247 notice of the initial publication of the directory and changes
248 made to the directory in the prior month.
249 (6) The division shall establish by rule a process to
250 provide a nicotine product manufacturer notice and an
251 opportunity to cure deficiencies before removing the
252 manufacturer or any of its nicotine dispensing devices from the
253 directory.
254 (a) The division may not remove the nicotine product
255 manufacturer or any of its nicotine dispensing devices from the
256 directory until at least 30 days after the nicotine product
257 manufacturer has been given notice of an intended action. Notice
258 is sufficient and deemed immediately received by a nicotine
259 product manufacturer if the notice is sent either electronically
260 or by facsimile to an e-mail address or facsimile number
261 provided by the nicotine product manufacturer in its most recent
262 certification filed under subsection (1).
263 (b) The nicotine product manufacturer has 15 days from the
264 date of service of the notice of the division’s intended action
265 to establish that the nicotine product manufacturer or any of
266 its nicotine dispensing devices should be included on the
267 directory.
268 (c) A determination by the division not to include or to
269 remove from the directory a nicotine product manufacturer or
270 nicotine dispensing device is subject to review under chapter
271 120. If a nicotine product manufacturer seeks review of removal
272 from the directory, the division must keep the nicotine
273 dispensing device on the directory until conclusion of the
274 hearing.
275 (d) If a nicotine dispensing device is removed from the
276 directory, each retailer and each wholesaler holding nicotine
277 dispensing devices for eventual sale to a consumer in this state
278 has 30 days from the day such product is removed from the
279 directory to sell the product or remove the product from its
280 inventory. After 30 days following removal from the directory,
281 the product identified in the notice of removal is contraband
282 and subject to s. 569.345.
283 (7)(a) Except as provided in subsections (b) and (c),
284 beginning March 1, 2025, or on the date that the division first
285 makes the directory available for public inspection on its or
286 the Department of Business and Professional Regulation’s
287 website, whichever is later, a nicotine product manufacturer
288 that offers for sale in this state a nicotine dispensing device
289 not listed on the directory is subject to a fine of $1,000 per
290 day for each individual nicotine dispensing device offered for
291 sale in violation of this section until the offending product is
292 removed from the market or until the offending product is
293 properly listed on the directory.
294 (b) Each retailer shall have 60 days from the date that the
295 division first makes the directory available for inspection on
296 its public website to sell products that were in its inventory
297 and not included on the directory or remove those products from
298 inventory.
299 (c) Each distributor or wholesaler shall have 60 days from
300 the date that the division first makes the directory available
301 for inspection on its public website to remove from inventory
302 those products intended for eventual retail sale to a consumer
303 in this state.
304 (8) A nicotine product manufacturer that falsely represents
305 any of the information required by subsection (1) or subsection
306 (2) commits a felony of the third degree for each false
307 representation, punishable as provided in s. 775.082 or s.
308 775.083.
309 (9) Each retail nicotine products dealer and wholesale
310 nicotine products dealer is subject to unannounced inspections
311 or audit checks by the division for purposes of enforcing this
312 section. The division shall conduct unannounced follow-up
313 compliance checks of all noncompliant retail nicotine products
314 dealers or wholesale nicotine products dealers within 30 days
315 after any violation of this section. The division shall publish
316 the results of all inspections or audits at least annually and
317 shall make the results available to the public on request.
318 (10) The division may establish by rule a procedure to
319 allow nicotine product manufacturers to renew certifications
320 without having to resubmit all the information required by this
321 section.
322 (11) The failure of a nicotine product manufacturer to
323 provide information or documents required by this section may
324 result in a nicotine dispensing device not being included on the
325 directory or the removal of a nicotine dispensing device from
326 the directory. The division may assess an administrative fine of
327 up to $1,000 for each nicotine dispensing device offered for
328 sale in this state if a nicotine product manufacturer fails to
329 provide notice to the division of a material change to its
330 certification within 30 days after that material change. The
331 division shall deposit all fines collected into the General
332 Revenue Fund. An order imposing an administrative fine becomes
333 effective 15 days after the date of the order.
334 Section 3. Section 569.312, Florida Statutes, is created to
335 read:
336 569.312 Maintenance and inspection of nicotine dispensing
337 device records.—
338 (1) Each nicotine product manufacturer that sells nicotine
339 dispensing devices in this state shall maintain and keep for a
340 period of 3 years, at the address listed on the certification
341 required pursuant to s. 569.311, a complete and accurate record
342 of the number of nicotine dispensing devices sold or delivered
343 to a wholesaler in this state and to whom each nicotine
344 dispensing device was sold on a wholesale basis, including the
345 business name, license number, shipping and business addresses,
346 e-mail address, and telephone number for the person or entity to
347 which each product was sold. Such records may be kept in an
348 electronic or paper format.
349 (2) Each retail nicotine products dealer; wholesale
350 nicotine product dealer; wholesale dealer, as defined in s.
351 210.01(6); and distributing agent, as defined in s. 210.01(14),
352 shall maintain and keep for a period of 3 years at its principal
353 place of business a complete and accurate record of the quantity
354 of each nicotine dispensing device received, delivered, or sold
355 in this state and to whom each nicotine dispensing device was
356 sold or delivered or from whom the business received each
357 nicotine dispensing device, including the business name, license
358 number, shipping and business addresses, e-mail address, and
359 telephone number for the person or entity to which each product
360 was sold or delivered or from which each product was received.
361 Such records may be kept in an electronic or paper format.
362 (3) Nicotine product manufacturers that sell nicotine
363 dispensing devices in this state; retail nicotine products
364 dealers; wholesale nicotine products dealers; wholesale dealers,
365 as defined in s. 210.01(6); and distributing agents, as defined
366 in s. 210.01(14), who sell or deliver nicotine dispensing
367 devices directly to consumers are not required to keep and
368 maintain the name, address, e-mail address, and telephone number
369 of consumers who purchase or receive nicotine dispensing
370 devices.
371 (4) Within 7 calendar days after receiving a request by the
372 division, a nicotine product manufacturer that sells nicotine
373 dispensing devices in this state, including a manufacturer
374 selling nicotine dispensing devices directly to consumers; a
375 retail nicotine products dealer; a wholesale nicotine products
376 dealer; a wholesale dealer, as defined in s. 210.01(6); and a
377 distributing agent, as defined in s. 210.01(14), shall provide
378 to the division or its duly authorized representative copies of
379 records related to the nicotine dispensing devices received,
380 delivered, or sold in this state and to whom those nicotine
381 dispensing devices were sold or delivered or from whom they were
382 received.
383 (5) The division, or a designated employee thereof, may
384 examine the records required to be maintained by each nicotine
385 product manufacturer, retail nicotine products dealer, wholesale
386 nicotine products dealer, wholesale dealer, as defined in s.
387 210.01(6), and distributing agent, as defined in s. 210.01(14);
388 issue subpoenas to such persons or entities; administer oaths;
389 and take depositions of witnesses within or outside of this
390 state. The civil law of this state regarding enforcing obedience
391 to a subpoena lawfully issued by a judge or other person duly
392 authorized to issue subpoenas under the laws of this state in
393 civil cases applies to a subpoena issued by the division, or any
394 designated employee thereof. The subpoena may be enforced by
395 writ of attachment issued by the division, or any designated
396 employee, for such witness to compel him or her to appear before
397 the division, or any designated employee, and give his or her
398 testimony and to bring and produce such records as may be
399 required for examination. The division, or any designated
400 employee, may bring an action against a witness who refuses to
401 appear or give testimony by citation before the circuit court,
402 which shall punish such witness for contempt as in cases of
403 refusal to obey the orders and process of the circuit court. The
404 division may in such cases pay such attendance and mileage fees
405 as are permitted to be paid to witnesses in civil cases
406 appearing before the circuit court.
407 (6) The division may assess an administrative fine of up to
408 $1,000 for each violation of this section. The division shall
409 deposit all fines collected into the General Revenue Fund. An
410 order imposing an administrative fine becomes effective 15 days
411 after the date of the order.
412 Section 4. Section 569.313, Florida Statutes, is created to
413 read:
414 569.313 Shipment of unregistered nicotine dispensing
415 devices sold for retail sale in this state.—
416 (1) A nicotine product manufacturer may not sell, ship, or
417 otherwise distribute a nicotine dispensing device in this state
418 for eventual retail sale to a consumer in this state for which:
419 (a) The FDA has entered an order requiring the nicotine
420 product manufacturer to remove the product from the market
421 either temporarily or permanently, which order has not been
422 stayed by the FDA or a court of competent jurisdiction;
423 (b) The nicotine product manufacturer has not submitted a
424 timely filed premarket tobacco product application for a
425 nicotine dispensing device that remains pending with the FDA; or
426 (c) The nicotine product manufacturer has not submitted the
427 certification required under this chapter for any of the
428 nicotine dispensing devices intended for eventual retail sale to
429 a consumer in this state.
430 (2) Any person who knowingly ships or receives nicotine
431 dispensing devices in violation of this section commits a
432 misdemeanor of the first degree, punishable as provided in s.
433 775.082 or s. 775.083.
434 (3) The division may also assess an administrative fine of
435 up to $5,000 for each violation. The division shall deposit all
436 fines collected into the General Revenue Fund. An order imposing
437 an administrative fine becomes effective 15 days after the date
438 of the order.
439 Section 5. Section 569.316, Florida Statutes, is created to
440 read:
441 569.316 Wholesale nicotine products dealer permits;
442 application; qualifications; renewal; duplicates.—
443 (1)(a) Each person, firm, association, or corporation that
444 seeks to deal, at wholesale, in nicotine products that will be
445 sold at retail within this state, or to sell nicotine products
446 or nicotine dispensing devices to any retail nicotine products
447 dealer who intends to sell those nicotine products in this
448 state, must obtain a wholesale nicotine products dealer permit
449 for each place of business or premises at which nicotine
450 products are sold.
451 (b) Application for a wholesale nicotine products dealer
452 permit must be made on a form furnished by the division and must
453 set forth the name under which the applicant transacts or
454 intends to transact business, the address of the location of the
455 applicant’s place of business, the applicant’s e-mail address,
456 and any other information the division requires. If the
457 applicant has or intends to have more than one place of business
458 dealing in nicotine products or nicotine dispensing devices, a
459 separate application must be made for each place of business. If
460 the applicant is a firm or an association, the application must
461 set forth the names, e-mail addresses, and addresses of the
462 persons constituting the firm or association. If the applicant
463 is a corporation, the application must set forth the names, e
464 mail addresses, and addresses of the principal officers of the
465 corporation. The application must also set forth any other
466 information prescribed by the division for the purpose of
467 identifying the applicant firm, association, or corporation. The
468 application must be signed and verified by oath or affirmation
469 by the owner, if a sole proprietor; if the owner is a firm,
470 association, or partnership, by the members or partners thereof;
471 or, if the owner is a corporation, by an executive officer of
472 the corporation or by a person authorized by the corporation to
473 sign the application, together with the written evidence of this
474 authority.
475 (2)(a) Wholesale nicotine products dealer permits may be
476 issued only to persons who are 21 years of age or older or to
477 corporations the officers of which are 21 years of age or older.
478 (b) The division may refuse to issue a wholesale nicotine
479 products dealer permit to any person, firm, association, or
480 corporation whose permit has been revoked by any jurisdiction;
481 to any corporation an officer of which has had such permit
482 revoked by any jurisdiction; or to any person who is or has been
483 an officer of a corporation whose permit has been revoked by any
484 jurisdiction. The division must revoke any wholesale nicotine
485 products dealer permit issued to a firm, an association, or a
486 corporation prohibited from obtaining such permit under this
487 chapter.
488 (3) Upon approval of an application for a wholesale
489 nicotine products dealer permit, the division shall issue to the
490 applicant a wholesale nicotine products dealer permit for the
491 place of business or premises specified in the application. A
492 wholesale nicotine products dealer permit is not assignable and
493 is valid only for the person in whose name the wholesale
494 nicotine products dealer permit is issued and for the place
495 designated in the wholesale nicotine products dealer permit. The
496 wholesale nicotine products dealer permit must be conspicuously
497 displayed at all times at the place for which it is issued.
498 (4) A wholesale dealer, as defined in s. 210.01(6), or a
499 distributing agent, as defined in s. 210.01(14), is not required
500 to have a separate or additional wholesale nicotine products
501 dealer permit to deal, at wholesale, in nicotine dispensing
502 devices within this state. A wholesale dealer, as defined in s.
503 210.01(6), a distributing agent, as defined in s. 210.01(14), or
504 a tobacco products distributor, as defined in s. 210.25(5),
505 which deals, at wholesale, in nicotine dispensing devices is
506 subject to, and must be in compliance with, this chapter.
507 Section 6. Section 569.317, Florida Statutes, is created to
508 read:
509 569.317 Wholesale nicotine products dealer permitholder;
510 administrative penalties.—A wholesale nicotine products dealer
511 permitholder may only purchase and sell for retail sale in this
512 state nicotine dispensing devices contained on the directory
513 created by the division pursuant to s. 569.311. The division may
514 suspend or revoke the wholesale nicotine products dealer permit
515 of a wholesale nicotine products dealer permitholder upon
516 sufficient cause appearing of a violation of this part by a
517 wholesale nicotine products dealer permitholder or its agent or
518 employee. The division may also assess an administrative fine of
519 up to $5,000 for each violation. The division shall deposit all
520 fines collected into the General Revenue Fund. An order imposing
521 an administrative fine becomes effective 15 days after the date
522 of the order. The division may suspend the imposition of a
523 penalty against a wholesale nicotine products dealer
524 permitholder, conditioned upon compliance with terms the
525 division considers appropriate.
526 Section 7. Section 569.32, Florida Statutes, is amended to
527 read:
528 569.32 Retail nicotine products dealer permits;
529 application; qualifications; renewal; duplicates.—
530 (1)(a) Each person, firm, association, or corporation that
531 seeks to deal, at retail, in nicotine products or nicotine
532 dispensing devices within this the state, or to allow a nicotine
533 products vending machine to be located on its premises in this
534 the state, must obtain a retail nicotine products dealer permit
535 for each place of business or premises at which nicotine
536 products or nicotine dispensing devices are sold. Each dealer
537 owning, leasing, furnishing, or operating vending machines
538 through which nicotine products are sold must obtain a permit
539 for each machine and shall post the permit in a conspicuous
540 place on or near the machine; however, if the dealer has more
541 than one vending machine at a single location or if nicotine
542 products or nicotine dispensing devices are sold both over the
543 counter and through a vending machine at a single location, the
544 dealer need obtain only one permit for that location.
545 (b) Application for a permit must be made on a form
546 furnished by the division and must set forth the name under
547 which the applicant transacts or intends to transact business,
548 the address of the location of the applicant’s place of business
549 within this the state, and any other information the division
550 requires. If the applicant has or intends to have more than one
551 place of business dealing in nicotine products or nicotine
552 dispensing devices within this the state, a separate application
553 must be made for each place of business. If the applicant is a
554 firm or an association, the application must set forth the names
555 and addresses of the persons constituting the firm or
556 association; if the applicant is a corporation, the application
557 must set forth the names and addresses of the principal officers
558 of the corporation. The application must also set forth any
559 other information prescribed by the division for the purpose of
560 identifying the applicant firm, association, or corporation. The
561 application must be signed and verified by oath or affirmation
562 by the owner, if a sole proprietor; or, if the owner is a firm,
563 association, or partnership, by the members or partners thereof;
564 or, if the owner is a corporation, by an executive officer of
565 the corporation or by a person authorized by the corporation to
566 sign the application, together with the written evidence of this
567 authority.
568 (c) Permits must be issued annually.
569 (d) The holder of a permit may renew the permit each year.
570 A dealer that does not timely renew its permit must pay a late
571 fee of $5 for each month or portion of a month occurring after
572 expiration, and before renewal, of the dealer’s permit. The
573 division shall establish by rule a renewal procedure that, to
574 the greatest extent feasible, combines the application and
575 permitting procedure for permits with the application and
576 licensing system for alcoholic beverages.
577 (e) The division may not grant an exemption from the permit
578 fees prescribed in this subsection for any applicant.
579 (2)(a) Permits may be issued only to persons who are 21
580 years of age or older or to corporations the officers of which
581 are 21 years of age or older.
582 (b) The division may refuse to issue a permit to any
583 person, firm, association, or corporation the permit of which
584 has been revoked by any jurisdiction; to any corporation an
585 officer of which has had his or her permit revoked by any
586 jurisdiction; or to any person who is or has been an officer of
587 a corporation the permit of which has been revoked by any
588 jurisdiction. Any permit issued to a firm, an association, or a
589 corporation prohibited from obtaining a permit under this
590 chapter must shall be revoked by the division.
591 (3) Upon approval of an application for a permit, the
592 division shall issue to the applicant a permit for the place of
593 business or premises specified in the application. A permit is
594 not assignable and is valid only for the person in whose name
595 the permit is issued and for the place designated in the permit.
596 The permit must shall be conspicuously displayed at all times at
597 the place for which issued.
598 Section 8. Section 569.33, Florida Statutes, is amended to
599 read:
600 569.33 Consent to inspection and search without warrant.—An
601 applicant for a retail nicotine products dealer permit or a
602 wholesale nicotine products dealer permit, by accepting the
603 permit when issued, agrees that the place or premises covered by
604 the permit is subject to inspection and search without a search
605 warrant by the division or its authorized assistants, and by
606 sheriffs, deputy sheriffs, or police officers, to determine
607 compliance with this part.
608 Section 9. Section 569.34, Florida Statutes, is amended to
609 read:
610 569.34 Operating without a retail nicotine products dealer
611 permit; penalty.—
612 (1) It is unlawful for a person, a firm, an association, or
613 a corporation to deal, at retail, in nicotine products, in any
614 manner, or to allow a nicotine products vending machine to be
615 located on its premises, without having a retail nicotine
616 product dealer permit as required by s. 569.32. A person who
617 violates this subsection section commits a noncriminal
618 violation, punishable by a fine of not more than $500.
619 (2) A retail tobacco products dealer, as defined in s.
620 569.002(4), is not required to have a separate or additional
621 retail nicotine products dealer permit to deal, at retail, in
622 nicotine products within this the state, or allow a nicotine
623 products vending machine to be located on its premises in this
624 the state. Any retail tobacco products dealer that deals, at
625 retail, in nicotine products or allows a nicotine products
626 vending machine to be located on its premises in this the state,
627 is subject to, and must be in compliance with, this part.
628 (3) Any person who violates subsection (1) must this
629 section shall be cited for such infraction and must shall be
630 cited to appear before the county court. The citation may
631 indicate the time, date, and location of the scheduled hearing
632 and must indicate that the penalty for a noncriminal violation
633 is a fine of not more than $500.
634 (a) A person cited for a violation of subsection (1) for an
635 infraction under this section may:
636 1. Post a $500 bond; or
637 2. Sign and accept the citation indicating a promise to
638 appear.
639 (b) A person cited for violating this section may:
640 1. Pay the fine, either by mail or in person, within 10
641 days after receiving the citation; or
642 2. If the person has posted bond, forfeit the bond by not
643 appearing at the scheduled hearing.
644 (c) If the person pays the fine or forfeits bond, the
645 person is deemed to have admitted violating this section and to
646 have waived the right to a hearing on the issue of commission of
647 the violation. Such admission may not be used as evidence in any
648 other proceeding.
649 (d) The court, after a hearing, shall make a determination
650 as to whether an infraction has been committed. If the
651 commission of an infraction has been proven beyond a reasonable
652 doubt, the court may impose a civil penalty in an amount that
653 may not exceed $500.
654 (e) If a person is found by the court to have committed the
655 infraction, that person may appeal that finding to the circuit
656 court.
657 (4) On or after March 1, 2025, it is unlawful for a person,
658 a firm, an association, or a corporation in this state to deal,
659 at retail, in nicotine dispensing devices that are not listed on
660 the directory created pursuant to s. 569.311. Any person who
661 knowingly ships or receives nicotine dispensing devices in
662 violation of this section commits a misdemeanor of the second
663 degree, punishable as provided in s. 775.082 or s. 775.083.
664 (5) On or after January 1, 2025, it is unlawful for a
665 retail nicotine products dealer in this state, other than a
666 nicotine product manufacturer that also is permitted as a retail
667 nicotine products dealer in this state and is selling its own
668 products directly to consumers, to buy nicotine dispensing
669 devices from a wholesaler, manufacturer, or other source that is
670 not a wholesale nicotine products dealer permitholder, a
671 wholesale dealer, as defined in s. 210.01(6), a distributing
672 agent, as defined in s. 210.01(14), or a tobacco products
673 distributor, as defined in s. 210.25(5). Any person who
674 knowingly ships or receives nicotine dispensing devices in
675 violation of this section commits a misdemeanor of the second
676 degree, punishable as provided in s. 775.082 or s. 775.083.
677 (6) The division may suspend or revoke the permit of a
678 retail nicotine products dealer permitholder upon sufficient
679 cause appearing of a violation of this part by a retail nicotine
680 products dealer permitholder, or its agent or employee. The
681 division may also assess an administrative fine of up to $1,000
682 for each violation. The division shall deposit all fines
683 collected into the General Revenue Fund. An order imposing an
684 administrative fine becomes effective 15 days after the date of
685 the order.
686 Section 10. Section 569.345, Florida Statutes, is created
687 to read:
688 569.345 Seizure and destruction of contraband nicotine
689 dispensing devices.—All nicotine dispensing devices sold,
690 delivered, possessed, or distributed contrary to any provision
691 of this chapter are declared to be contraband, are subject to
692 seizure and confiscation under the Florida Contraband Forfeiture
693 Act by any person whose duty it is to enforce the provisions of
694 this chapter, and must be disposed of as follows:
695 (1) A court having jurisdiction shall order such nicotine
696 dispensing devices forfeited and destroyed. A record of the
697 place where such nicotine dispensing devices were seized, the
698 kinds and quantities of nicotine dispensing devices destroyed,
699 and the time, place, and manner of destruction must be kept, and
700 a return under oath reporting the destruction must be made to
701 the court by the officer who destroys them.
702 (2) The division shall keep a full and complete record of
703 all nicotine dispensing devices showing:
704 (a) The exact kinds, quantities, and forms of such nicotine
705 dispensing devices;
706 (b) The persons from whom they were received and to whom
707 they were delivered;
708 (c) By whose authority they were received, delivered, and
709 destroyed; and
710 (d) The dates of the receipt, disposal, or destruction,
711 which record must be open to inspection by all persons charged
712 with the enforcement of tobacco and nicotine product laws.
713 (3) The cost of seizure, confiscation, and destruction of
714 contraband nicotine dispensing devices is borne by the person
715 from whom such products are seized.
716 Section 11. Section 569.346, Florida Statutes, is created
717 to read:
718 569.346 Agent for service of process.—
719 (1) Any nonresident manufacturer of nicotine dispensing
720 devices that has not registered to do business in the state as a
721 foreign corporation or business entity shall, as a condition
722 precedent to being included on the directory created in this
723 chapter, appoint and continually engage without interruption the
724 services of an agent in this state to act as agent for the
725 service of process on whom all process, and any action or
726 proceeding against it concerning or arising out of the
727 enforcement of this chapter, may be served in any manner
728 authorized by law. Such service shall constitute legal and valid
729 service of process on the manufacturer. The manufacturer shall
730 provide the name, address, telephone number, and proof of the
731 appointment and availability of such agent to the division.
732 (2) The manufacturer shall provide notice to the division
733 30 calendar days before termination of the authority of an agent
734 and shall further provide proof to the satisfaction of the
735 division of the appointment of a new agent no less than 5
736 calendar days before the termination of an existing agent
737 appointment. In the event an agent terminates an agency
738 appointment, the manufacturer shall notify the division of the
739 termination within 5 calendar days and shall include proof to
740 the satisfaction of the division of the appointment of a new
741 agent.
742 (3) Any manufacturer whose nicotine dispensing devices are
743 sold in this state who has not appointed and engaged the
744 services of an agent as required by this section shall be deemed
745 to have appointed the Secretary of State as its agent for
746 service of process. The appointment of the Secretary of State as
747 agent shall not satisfy the condition precedent required in
748 subsection (1) of this subsection to be included or retained on
749 the directory.
750 Section 12. Subsections (3) and (4) of section 569.002,
751 Florida Statutes, are amended to read:
752 569.002 Definitions.—As used in this part, the term:
753 (3) “Nicotine product” has the same meaning as provided in
754 s. 569.31 s. 569.31(4).
755 (4) “Nicotine dispensing device” has the same meaning as
756 provided in s. 569.31 s. 569.31(3).
757 Section 13. This act shall take effect October 1, 2024.