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.