Bill Text: FL S0810 | 2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Use of Tobacco Products and Nicotine Products
Spectrum: Bipartisan Bill
Status: (Vetoed) 2020-09-08 - Vetoed by Governor [S0810 Detail]
Download: Florida-2020-S0810-Introduced.html
Bill Title: Use of Tobacco Products and Nicotine Products
Spectrum: Bipartisan Bill
Status: (Vetoed) 2020-09-08 - Vetoed by Governor [S0810 Detail]
Download: Florida-2020-S0810-Introduced.html
Florida Senate - 2020 SB 810 By Senator Simmons 9-00500A-20 2020810__ 1 A bill to be entitled 2 An act relating to tobacco and nicotine products; 3 providing a short title; amending s. 210.095, F.S.; 4 deleting and redefining terms; defining the terms 5 “distributor” and “electronic smoking device”; 6 restricting delivery sales of tobacco products to 7 certain entities; prohibiting delivery sales directly 8 to unlicensed persons; prohibiting a person from 9 aiding or assisting another person in certain 10 violations; conforming provisions to changes made by 11 the act; amending s. 386.212, F.S.; deleting age and 12 time restrictions relating to the prohibition of 13 smoking and vaping near school property; amending s. 14 569.002, F.S.; defining the term “electronic smoking 15 device”; revising the definition of the term “tobacco 16 products” to include additional products; replacing 17 the term “any person under the age of 18” with “any 18 person under the age of 21”; revising exemptions; 19 amending s. 569.003, F.S.; conforming provisions to 20 changes made by the act; revising the conditions under 21 which the Division of Alcoholic Beverages and Tobacco 22 may refuse to issue retail tobacco products dealer 23 permits; exempting certain entities from fees 24 associated with such permits; amending s. 569.005, 25 F.S.; revising the fines for certain noncriminal 26 violations; amending s. 569.006, F.S.; requiring 27 revenues from certain fines to be used for specified 28 purposes; requiring the division to deposit such 29 revenues in the Alcoholic Beverage and Tobacco Trust 30 Fund rather than the General Revenue Fund; amending s. 31 569.007, F.S.; revising the age limitation of persons 32 to whom it is unlawful to sell or deliver tobacco 33 products; revising the conditions under which sales of 34 tobacco products from a vending machine are 35 authorized; requiring a dealer or a dealer’s agent to 36 require proof of age of tobacco product purchasers; 37 amending s. 569.0075, F.S.; revising the age under 38 which the gift of sample tobacco products to a person 39 by certain entities is prohibited; amending s. 40 569.008, F.S.; revising legislative intent to reflect 41 that the Legislature intends to prevent the sale of 42 tobacco products to persons under a specified age; 43 conforming provisions to changes made by the act; 44 deleting an authorization for the division to mitigate 45 penalties imposed against a dealer for certain 46 violations; revising what constitutes prima facie 47 evidence of a lack of due diligence by a dealer under 48 certain circumstances; amending s. 569.101, F.S.; 49 revising the age limitation that applies to the sale, 50 delivery, bartering, furnishing, or giving of tobacco 51 products; conforming provisions to changes made by the 52 act; revising civil penalties; deleting criminal 53 penalties; revising the elements of a complete defense 54 for violations relating to selling, delivering, 55 bartering, furnishing, or giving tobacco products to 56 persons under a specified age; amending s. 569.11, 57 F.S.; deleting a provision that prohibits persons 58 under a specified age from possessing a tobacco 59 product; conforming provisions to changes made by the 60 act; revising the age limitation that applies to 61 unlawful misrepresentation of age for certain 62 purposes; conforming provisions to changes made by the 63 act; deleting provisions relating to requirements for 64 persons cited for committing certain noncriminal 65 violations; amending s. 569.12, F.S.; deleting 66 provisions authorizing tobacco product enforcement 67 officers and correctional probation officers to issue 68 citations under certain circumstances; requiring that 69 dealers be subject to certain compliance checks; 70 amending ss. 569.14 and 569.19, F.S.; conforming 71 provisions to changes made by the act; repealing s. 72 877.112, F.S., relating to nicotine products and 73 nicotine dispensing devices; providing an effective 74 date. 75 76 Be It Enacted by the Legislature of the State of Florida: 77 78 Section 1. This act may be cited as the “Tobacco 21 Act.” 79 Section 2. Section 210.095, Florida Statutes, is amended to 80 read: 81 210.095 Mail order, Internet, and remote sales of tobacco 82 products; age verification.— 83 (1) For purposes of this section, the term: 84(a)“Adult” means an individual who is at least of the85legal minimum purchase age for tobacco products.86(b) “Consumer” means a person in this state who comes into87possession of any tobacco product subject to the tax imposed by88this chapter and who, at the time of possession, is not a89distributor intending to sell or distribute the tobacco product,90a retailer, or a wholesaler.91 (a)(c)“Delivery sale” means any sale of tobacco products 92 to a retailer, wholesale dealer, distributing agent, 93 distributor, importer, or exporterconsumerin this state for 94 which: 95 1. The retailer, wholesale dealer, distributing agent, 96 distributor, importer, or exporterconsumersubmits the order 97 for the sale by telephonic or other voice transmission, mail, 98 delivery service, or the Internet or other online service; or 99 2. The tobacco products are delivered by use of mail or a 100 delivery service. 101 (b)(d)“Delivery service” means any person engaged in the 102 commercial delivery of letters, packages, or other containers. 103 (c) “Distributor” has the same meaning as in s. 210.25. 104 (d) “Electronic smoking device” has the same meaning as in 105 s. 569.002. 106(e) “Legal minimum purchase age” means the minimum age at107which an individual may legally purchase tobacco products in108this state.109(f) “Mail” or “mailing” means the shipment of tobacco110products through the United States Postal Service.111 (e)(g)“Retailer” means any person engaged in the business 112 of selling tobacco products to ultimate consumerswho is not a113licensed distributor but who is in possession of tobacco114products subject to tax under this chapter for the purposes of115selling the tobacco products to consumers. 116(h) “Shipping container” means a container in which tobacco117products are shipped in connection with a delivery sale.118(i) “Shipping document” means a bill of lading, airbill,119United States Postal Service form, or any other document used to120verify the undertaking by a delivery service to deliver letters,121packages, or other containers.122 (f)(j)“Tobacco products” has the same meaning as in s. 123 569.002means all cigarettes, smoking tobacco, snuff, fine-cut124chewing tobacco, cut and granulated tobacco, cavendish, and plug125or twist tobacco. 126 (2) Licensed retailers, licensed wholesale dealers, 127 licensed distributing agents, licensed distributors, licensed 128 importers, and licensed exporters may accept delivery sales of 129 tobacco products in this state. Delivery sales directly to 130 unlicensed persons are prohibited. 131 (3) A person may not, with knowledge or reason to know of 132 the violation, aid or assist another person in a violation of 133 this section. 134(a) A sale of tobacco products constituting a delivery sale135pursuant to paragraph (1)(c) is a delivery sale regardless of136whether the person accepting the order for the delivery sale is137located inside or outside this state.138(b) A retailer must obtain a license from the division139pursuant to the requirements of this chapter before accepting an140order for a delivery sale.141(c) A person may not make a delivery sale of tobacco142products to any individual who is not an adult.143(d) Each person accepting an order for a delivery sale must144comply with each of the following:1451. The age-verification requirements set forth in146subsection (3).1472. The disclosure requirements set forth in subsection (4).1483. The shipping requirements set forth in subsection (5).1494. The registration and reporting requirements set forth in150subsection (6).1515. The tax collection requirements set forth in subsection152(7).1536. The licensing and tax stamp requirements set forth in154this chapter which apply to sales of tobacco products occurring155entirely in this state.1567. All laws of this state generally applicable to sales of157tobacco products occurring entirely in this state which impose158excise taxes and assessments.159(3) A person may not mail, ship, or otherwise deliver160tobacco products in connection with an order for a delivery sale161unless, before the first delivery to the consumer, the person162accepting the order for the delivery sale:163(a) Obtains from the individual submitting the order a164certification that includes:1651. Reliable confirmation that the individual is an adult;166and1672. A statement signed by the individual in writing and168under penalty of perjury which:169a. Certifies the address and date of birth of the170individual; and171b. Confirms that the individual wants to receive delivery172sales from a tobacco company and understands that, under the173laws of this state, the following actions are illegal:174(I) Signing another individual’s name to the certification;175(II) Selling tobacco products to individuals under the176legal minimum purchase age; and177(III) Purchasing tobacco products, if the person making the178purchase is under the legal minimum purchase age.179(b) Makes a good faith effort to verify the information180contained in the certification provided by the individual181pursuant to paragraph (a) against a commercially available182database that may be reasonably relied upon for accurate age183information or obtains a photocopy or other image of a valid184government-issued identification card stating the date of birth185or age of the individual.186(c) Provides to the individual, via electronic mail or187other means, a notice meeting the requirements of subsection188(4).189(d) If an order for tobacco products is made pursuant to an190advertisement on the Internet, receives payment for the delivery191sale from the consumer by a credit or debit card issued in the192name of the consumer, or by personal or company check of the193consumer.194(e) Imposes a two-carton minimum on each order of195cigarettes, and requires payment for the purchase of any tobacco196product to be made by personal or company check of the purchaser197or the purchaser’s credit card or debit card. Payment by money198order or cash may not be received or permitted. The person199accepting the order for delivery sale shall submit, to each200credit card acquiring company with which the person has credit201card sales, identification information in an appropriate form202and format so that the words “tobacco product” may be printed in203the purchaser’s credit card statement when a purchase of a204tobacco product is made by credit card payment.205(f) Makes a telephone call after 5 p.m. to the purchaser206confirming the order before shipping the tobacco products. The207telephone call may be a person-to-person call or a recorded208message. The person accepting the order for delivery sale is not209required to speak directly with a person and may leave a message210on an answering machine or through voice mail.211In addition to the requirements of this subsection, a212person accepting an order for a delivery sale may request that a213consumer provide an electronic mail address.214(4) The notice described in paragraph (3)(c) must include215prominent and clearly legible statements that sales of tobacco216products are:217(a) Illegal if made to individuals who are not adults.218(b) Restricted to those individuals who provide verifiable219proof of age in accordance with subsection (3).220(c) Taxable under this chapter.221 222The notice must include an explanation of how each tax has been,223or is to be, paid with respect to the delivery sale.224(5) Each person who mails, ships, or otherwise delivers225tobacco products in connection with an order for a delivery sale226must:227(a) Include as part of the shipping documents, in a clear228and conspicuous manner, the following statement: “Tobacco229Products: Florida law prohibits shipping to individuals under 18230years of age and requires the payment of all applicable taxes.”231(b) Use a method of mailing, shipping, or delivery which232obligates the delivery service to require:2331. The individual submitting the order for the delivery234sale or another adult who resides at the individual’s address to235sign his or her name to accept delivery of the shipping236container. Proof of the legal minimum purchase age of the237individual accepting delivery is required only if the individual238appears to be under 27 years of age.2392. Proof that the individual is either the addressee or the240adult designated by the addressee, in the form of a valid,241government-issued identification card bearing a photograph of242the individual who signs to accept delivery of the shipping243container.244(c) Provide to the delivery service, if such service is245used, evidence of full compliance with subsection (7).246 247If the person accepting a purchase order for a delivery sale248delivers the tobacco products without using a delivery service,249the person must comply with all of the requirements of this250section which apply to a delivery service. Any failure to comply251with a requirement of this section constitutes a violation252thereof.253(6)(a) Before making sales or shipping tobacco products in254connection with sales, a person shall file with the division a255statement providing the person’s name, trade name, and the256address of the person’s principal place of business, as well as257any other place of business.258(b) No later than the 10th day of each month, each person259who has made a sale or mailed, shipped, or otherwise delivered260tobacco products in connection with any sale during the previous261calendar month shall file with the division a memorandum or a262copy of the invoice, providing for each sale:2631. The name and address of the individual who submitted the264order for the sale.2652. The name and address of the individual who accepted266delivery of the tobacco products.2673. The name and address of the person who accepted the268order for the sale of the tobacco products.2694. The name and address of the delivery service and the270name of the individual making the delivery.2715. The brand or brands of the tobacco products sold in the272sale.2736. The quantity of each brand of tobacco products sold in274the sale.275(c) A person may comply with the requirements of this276subsection by complying with the requirements of 15 U.S.C. s.277376.278(d) This section does not apply to sales of tobacco279products by a licensed distributor or to sales of tobacco280products by a retailer purchased from a licensed distributor.281(7) Each person accepting a purchase order for a delivery282sale shall collect and remit to the division all taxes imposed283on tobacco products by this state with respect to the delivery284sale. With respect to cigarettes, the collection and remission285are not required if the person has obtained proof in the form of286the presence of applicable tax stamps or tax-exempt stamps, or287other proof that the taxes have already been paid to this state.288 (4)(8)(a)Except as otherwise provided in this section, a289violation of this section by a person other than an individual290who is not an adult is a misdemeanor of the first degree,291punishable as provided in s. 775.082 or s. 775.083, and:292 1. For a first violation of this section, atheperson 293 shall be fined $1,000 or five times the retail value of the 294 tobacco products involved in the violation, whichever is 295 greater. 296 2. For a second or subsequent violation of this section, 297 the person shall be fined $5,000 or five times the retail value 298 of the tobacco products involved in the violation, whichever is 299 greater. 300(b)A person who is an adult and knowingly submits a false301certification under subsection (3) commits a misdemeanor of the302first degree, punishable as provided in s. 775.082 or s.303775.083. For each offense, the person shall be fined $10,000 or304five times the retail value of the tobacco products involved in305the violation, whichever is greater.306(c) A person who fails to pay any tax required in307connection with a delivery sale shall pay, in addition to any308other penalty, a penalty of five times the retail value of the309tobacco products involved.310 (b)(d)Any tobacco products sold or attempted to be sold in 311 a delivery sale not meeting the requirements of this section 312 shall be forfeited to the state pursuant to s. 210.185. 313(e) A person who, in connection with a delivery sale,314delivers tobacco products on behalf of a delivery service to an315individual who is not an adult commits a misdemeanor of the316third degree, punishable as provided in s. 775.082 or s.317775.083.318 (c)(f)Any fixture, equipment, or other material or 319 personal property on the premises of any person who, with the 320 intent to defraud this state, mails or ships tobacco products 321 into this state and fails to satisfy any of the requirements of 322 this section is a contraband article within the definition of s. 323 932.701(2)(a)3. 324(g) An individual who is not an adult and who knowingly325violates any provision of this section commits a misdemeanor of326thethird degree, punishable as provided in s. 775.082 or s.327775.083.328 (5)(9)The Attorney General, the Attorney General’s 329 designee, a state attorney, or any person who holds a permit 330 under 26 U.S.C. s. 5713 may bring an action in the appropriate 331 court in this state to prevent or restrain violations of this 332 section by any person. 333 Section 3. Subsection (1) of section 386.212, Florida 334 Statutes, is amended to read: 335 386.212 Smoking and vaping prohibited near school property; 336 penalty.— 337 (1) It is unlawful for any personunder 18years of ageto 338 smoke tobacco or vape in, on, or within 1,000 feet of the real 339 property comprising a public or private elementary, middle, or 340 secondary schoolbetween the hours of 6 a.m. and midnight. This 341 section does not apply to any person occupying a moving vehicle 342 or within a private residence. 343 Section 4. Present subsections (1), (2), and (3) through 344 (6) of section 569.002, Florida Statutes, are redesignated as 345 subsections (2), (3), and (5) through (8), respectively, a new 346 subsection (4) is added to that section, and present subsections 347 (6) and (7) are amended, to read: 348 569.002 Definitions.—As used in this chapter, the term: 349 (4) “Electronic smoking device” means any device that may 350 be used to deliver any aerosolized or vaporized substance to the 351 person inhaling from the device, including, but not limited to, 352 an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. The term 353 includes any component, part, or accessory of the device and 354 also includes any substance intended to be aerosolized or 355 vaporized during the use of the device, whether or not the 356 substance contains nicotine. 357 358 The term does not include drugs, devices, or combination 359 products authorized for sale by the U.S. Food and Drug 360 Administration, as those terms are defined in the Federal Food, 361 Drug, and Cosmetic Act. 362 (8)(6)“Tobacco products” includes: 363 (a) Any product containing, made of, or derived from 364 tobacco or nicotine that is intended for human consumption or is 365 likely to be consumed, whether inhaled, absorbed, or ingested by 366 any other means, including, but not limited to, a cigarette, a 367 cigar, pipe tobacco, chewing tobacco, snuff, or snus; 368 (b) Any electronic smoking device and any substances that 369 may be aerosolized or vaporized by such device, whether or not 370 the substance contains nicotine; or 371 (c) Any component, part, or accessory of a product 372 described in paragraph (a) or paragraph (b), whether or not any 373 of these contain tobacco or nicotine, including, but not limited 374 to, filters, rolling papers, blunt or hemp wraps, and pipes. 375 376 The term does not include drugs, devices, or combination 377 products authorized for sale by the U.S. Food and Drug 378 Administration, as those terms are defined in the Federal Food, 379 Drug, and Cosmetic Actloose tobacco leaves, and products made380from tobacco leaves, in whole or in part, and cigarette381wrappers, which can be used for smoking, sniffing, or chewing. 382 (1)(7)“Any person under the age of 2118” does not include 383 any person under the age of 2118who: 384(a)Has had his or her disability of nonage removed under385chapter 743;386(b)Is in the military reserve or on active duty in the387Armed Forces of the United States;388(c)Is otherwise emancipated by a court of competent389jurisdiction and released from parental care and responsibility;390or391 (a)(d)Is acting in his or her scope of lawful employment 392 with an entity licensed under the provisions of chapter 210 or 393 this chapter; or 394 (b) Is participating in a compliance check as required by 395 s. 569.12. 396 Section 5. Subsection (2) of section 569.003, Florida 397 Statutes, is amended, and subsection (5) is added to that 398 section, to read: 399 569.003 Retail tobacco products dealer permits; 400 application; qualifications; fees; renewal; duplicates.— 401 (2)(a) Permits may be issued only to persons who are 2118402 years of age or older or to corporations the officers of which 403 are 2118years of age or older. 404 (b) The division may refuse to issue a permit to any 405 person, firm, association, or corporation the permit of which 406 has been revoked or suspended, to any corporation an officer of 407 which has had his or her permit revoked or suspended, or to any 408 person who is or has been an officer of a corporation the permit 409 of which has been revoked or suspended. Any permit issued to a 410 firm, association, or corporation prohibited from obtaining a 411 permit under this section shall be revoked by the division. 412 (5) An entity that deals only in tobacco products that are 413 electronic smoking devices; components, parts, or accessories of 414 such devices; or substances that may be aerosolized or vaporized 415 by such devices and that holds or is applying for a retail 416 tobacco product dealer permit is exempt from any fees relating 417 to the permit. 418 Section 6. Subsections (1) and (2) of section 569.005, 419 Florida Statutes, are amended to read: 420 569.005 Operating without a retail tobacco products dealer 421 permit; penalty.— 422 (1) It is unlawful for a person, firm, association, or 423 corporation to deal, at retail, in tobacco products, in any 424 manner, or to allow a tobacco products vending machine to be 425 located on its premises, without having a retail tobacco 426 products dealer permit as required by s. 569.003. A person who 427 violates this section is guilty of a noncriminal violation, 428 punishable by a fine of at leastnot more than$500. 429 (2) Any person who violates this section shall be cited for 430 such infraction and shall be cited to appear before the county 431 court. The citation may indicate the time, date, and location of 432 the scheduled hearing and must indicate that the penalty for a 433 noncriminal violation is a fine of at leastnot more than$500. 434 Section 7. Section 569.006, Florida Statutes, is amended to 435 read: 436 569.006 Retail tobacco products dealers; administrative 437 penalties.—The division may suspend or revoke the permit of the 438 dealer upon sufficient cause appearing of the violation of any 439 of the provisions of this chapter,by a dealer or by a dealer’s 440 agent or employee. The division may also assess and accept 441 administrative fines of up to $1,000 against a dealer for each 442 violation. The revenues generated from such fines shall be used 443 to offset the costs of licensing administration, education and 444 training, retail inspections, and unannounced compliance checks, 445 and the division shall deposit all fines collected into the 446 Alcoholic Beverage and Tobacco Trust FundGeneral Revenue Fund447 as collected. An order imposing an administrative fine becomes 448 effective 15 days after the date of the order. The division may 449 suspend the imposition of a penalty against a dealer, 450 conditioned upon the dealer’s compliance with terms the division 451 considers appropriate. 452 Section 8. Subsections (1), (2), and (4) of section 453 569.007, Florida Statutes, are amended to read: 454 569.007 Sale or delivery of tobacco products; 455 restrictions.— 456 (1) In order to prevent persons under 2118years of age 457 from purchasing or receiving tobacco products, the sale or 458 delivery of tobacco products is prohibited, except: 459 (a) When under the direct control or line of sight of the 460 dealer or the dealer’s agent or employee; or 461 (b) Sales from a vending machine are prohibited underthe462provisions ofparagraph (1)(a) and are only permissible from a 463 machine that is located in an establishment that prohibits 464 persons under 21 years of age on the licensed premises at all 465 timesequipped with an operational lockout device which is under466the control of the dealer or the dealer’s agent or employee who467directly regulates the sale of items through the machine by468triggering the lockout device to allow the dispensing of one469tobacco product. The lockout device must include a mechanism to470prevent the machine from functioning if the power source for the471lockout device fails or if the lockout device is disabled, and a472mechanism to ensure that only one tobacco product is dispensed473at a time. 474(2)The provisions of subsection (1) shall not apply to an475establishment that prohibits persons under 18 years of age on476the licensed premises.477 (3)(4)A dealer or a dealer’s agent or employee shallmay478 require proof of age of a purchaser of a tobacco product before 479 selling the product to that person. 480 Section 9. Section 569.0075, Florida Statutes, is amended 481 to read: 482 569.0075 Gift of sample tobacco products prohibited.—The 483 gift of sample tobacco products to any person under the age of 484 2118by an entity licensed or permitted under the provisions of 485 chapter 210 or this chapter, or by an employee of such entity, 486 is prohibited and is punishable as provided in s. 569.101. 487 Section 10. Section 569.008, Florida Statutes, is amended 488 to read: 489 569.008 Responsible retail tobacco products dealers; 490 qualifications;mitigation of disciplinary penalties;diligent 491 management and supervision; presumption.— 492 (1) The Legislature intends to prevent the sale of tobacco 493 products to persons under 2118years of age and to encourage 494 retail tobacco products dealers to comply with responsible 495 practices in accordance with this section. 496 (2) To qualify as a responsible retail tobacco products 497 dealer, the dealer must establish and implement procedures 498 designed to ensure that the dealer’s employees comply with the 499 provisions of this chapter. The dealer must provide a training 500 program for the dealer’s employees which addresses the use and 501 sale of tobacco products and which includes at least the 502 following topics: 503 (a) Laws covering the sale of tobacco products. 504 (b) Methods of recognizing and handling customers under 21 50518years of age. 506 (c) Procedures for proper examination of identification 507 cards in order to verify that customers are not under 2118508 years of age. 509 (d) The use of the age audit identification function on 510 electronic point-of-sale equipment, where available. 511(3) In determining penalties under s. 569.006, the division512may mitigate penalties imposed against a dealer because of an513employee’s illegal sale of a tobacco product to a person under51418 years of age if the following conditions are met:515(a) The dealer is qualified as a responsible dealer under516this section.517(b) The dealer provided the training program required under518subsection (2) to that employee before the illegal sale519occurred.520(c) The dealer had no knowledge of that employee’s521violation at the time of the violation and did not direct,522approve, or participate in the violation.523(d) If the sale was made through a vending machine, the524machine was equipped with an operational lock-out device.525 (3)(4)The division shall develop and make available a 526 model tobacco products training program designed to ensure 527 adherence to this act by dealers and their employees which, if 528 followed, will qualify dealers as responsible dealers. 529 (4)(5)Dealers shall exercise diligence in the management 530 and supervision of their premises and in the supervision and 531 training of their employees, agents, or servants. In proceedings 532 to impose penalties under s. 569.006, proof that employees, 533 agents, or servants of the dealer, while in the scope of their 534 employment, committed at least three violations of s. 569.101 535 during a 36-month180-dayperiod shall be prima facie evidence 536 of a lack of due diligence by the dealer in the management and 537 supervision of his or her premises and in the supervision and 538 training of employees, agents, officers, or servants. 539 (5)(6)The division may consider qualification as a 540 responsible retail tobacco products dealer under this section as 541 evidence that the dealer properly exercised the diligence 542 required under this section. 543 Section 11. Section 569.101, Florida Statutes, is amended 544 to read: 545 569.101 Selling, delivering, bartering, furnishing, or 546 giving tobacco products to persons under 2118years of age; 547criminalpenalties; defense.— 548 (1) It is unlawful to sell, deliver, barter, furnish, or 549 give, directly or indirectly, to any personwho isunder the age 550 of 2118 years of age, any tobacco product. 551 (2) Any dealerpersonwho violates subsection (1): 552 (a) For a first time shall pay a minimum fine of $500; 553 (b) For a second time within a 36-month period shall pay a 554 minimum fine of $750 and may not distribute tobacco products for 555 a minimum of 7 days; 556 (c) For a third time within a 36-month period shall pay a 557 minimum fine of $1,000 and may not distribute tobacco products 558 for a minimum of 30 days; and 559 (d) For a fourth and any subsequent violations within a 36 560 month period shall pay a minimum fine of $1,000 and may not 561 distribute tobacco products for a period of 3 years. 562 (3) Any person found to have violated subsection (1) while 563 acting as a nonmanagement agent or employee of a dealer is 564 subject to noncriminal and nonmonetary penalties, including, but 565 not limited to, education classes, diversion programs, and 566 community service. 567 (4) Any person 21 years of age or older who is not a dealer 568 or a dealer’s agent or employee and who violates subsection (1) 569 shall pay an administrative fine of $50commits a misdemeanor of570the second degree, punishable as provided in s. 775.082 or s.571775.083. However, any person who violates subsection (1) for a572second or subsequent time within 1 year of the first violation,573commits a misdemeanor of the first degree, punishable as574provided in s. 775.082 or s. 775.083. 575 (5)(3)A dealer or nonmanagement agent or employee of a 576 dealerpersoncharged with a violation of subsection (1) has a 577 complete defense if, at the time the tobacco product was sold, 578 delivered, bartered, furnished, or given: 579 (a) The buyer or recipient falsely evidenced that she or he 580 was 2118years of age or older; 581 (b) The appearance of the buyer or recipient was such that 582 a prudent person would believe the buyer or recipient to be 21 58318years of age or older; and 584 (c) Such person carefully checked a driver license or an 585 identification card issued by this state or another state of the 586 United States or,a passport, or a United States armed services587identification cardpresented by the buyer or recipient and 588 acted in good faith and in reliance upon the representation and 589 appearance of the buyer or recipient in the belief that the 590 buyer or recipient was 2118years of age or older. 591 Section 12. Section 569.11, Florida Statutes, is amended to 592 read: 593 569.11Possession,Misrepresenting ageor military service594 to purchase, and purchase oftobacco products by persons under 595 2118years of age prohibited; penalties; jurisdiction; 596 disposition of fines.— 597 (1)It is unlawful for any person under 18 years of age to598knowingly possess any tobacco product. Any person under 18 years599of age who violates this subsection commits a noncriminal600violation as provided in s. 775.08(3), punishable by:601(a) For a first violation, 16 hours of community service602or, instead of community service, a $25 fine. In addition, the603person must attend a school-approved anti-tobacco program, if604locally available; or605(b) For a second or subsequent violation within 12 weeks606after the first violation, a $25 fine.607 608Any second or subsequent violation not within the 12-week period609after the first violation is punishable as provided for a first610violation.611(2)It is unlawful for any person under 2118years of age 612 to misrepresent his or her ageor military servicefor the 613 purpose of inducing a dealer or an agent or employee of the 614 dealer to sell, give, barter, furnish, or deliver any tobacco 615 product, or to purchase, or attempt to purchase, any tobacco 616 product from a person or a vending machine. Any person under 21 61718years of age who violates this subsection commits a 618 noncriminal violation as provided in s. 775.08(3), punishable 619 by: 620 (a) For a first violation, 16 hours of community service 621 or, instead of community service, a $25 fine and, in addition, 622 the person must attend a school-approved anti-tobacco program, 623 if available; or 624 (b) For a second or subsequent violation within 12 weeks 625 after the first violation, a $25 fine. 626 627 Any second or subsequent violation not within the 12-week period 628 after the first violation is punishable as provided for a first 629 violation. 630(3) Any person under 18 years of age cited for committing a631noncriminal violation under this section must sign and accept a632civil citation indicating a promise to appear before the county633court or comply with the requirement for paying the fine and634must attend a school-approved anti-tobacco program, if locally635available. If a fine is assessed for a violation of this636section, the fine must be paid within 30 days after the date of637the citation or, if a court appearance is mandatory, within 30638days after the date of the hearing.639(4) A person charged with a noncriminal violation under640this section must appear before the county court or comply with641the requirement for paying the fine. The court, after a hearing,642shall make a determination as to whether the noncriminal643violation was committed. If the court finds the violation was644committed, it shall impose an appropriate penalty as specified645in subsection (1) or subsection (2). A person who participates646in community service shall be considered an employee of the647state for the purpose of chapter 440, for the duration of such648service.649(5)(a) If a person under 18 years of age is found by the650court to have committed a noncriminal violation under this651section and that person has failed to complete community652service, pay the fine as required by paragraph (1)(a) or653paragraph (2)(a), or attend a school-approved anti-tobacco654program, if locally available, the court may direct the655Department of Highway Safety and Motor Vehicles to withhold656issuance of or suspend the driver license or driving privilege657of that person for a period of 30 consecutive days.658(b) If a person under 18 years of age is found by the court659to have committed a noncriminal violation under this section and660that person has failed to pay the applicable fine as required by661paragraph (1)(b) or paragraph (2)(b), the court may direct the662Department of Highway Safety and Motor Vehicles to withhold663issuance of or suspend the driver license or driving privilege664of that person for a period of 45 consecutive days.665 (2)(6)Eighty percent of all civil penalties received by a 666 county court pursuant to this section shall be remitted by the 667 clerk of the court to the Department of Revenue for transfer to 668 the Department of Education to provide for teacher training and 669 for research and evaluation to reduce and prevent the use of 670 tobacco products by children. The remaining 20 percent of civil 671 penalties received by a county court pursuant to this section 672 shall remain with the clerk of the county court to cover 673 administrative costs. 674 Section 13. Section 569.12, Florida Statutes, is amended to 675 read: 676 569.12 Jurisdiction; tobacco product enforcement officers 677 or agents; enforcement; compliance checks.— 678 (1) In addition to the Division of Alcoholic Beverages and 679 Tobacco of the Department of Business and Professional 680 Regulation, any law enforcement officer certified under s. 681 943.10(1), (6), or (8) shall enforce the provisions of this 682 chapter. 683 (2)(a)A county or municipality may designate certain of 684 its employees or agents as tobacco product enforcement officers. 685 The training and qualifications of the employees or agents for 686 such designation shall be determined by the county or the 687 municipality. Nothing in this section shall be construed to 688 permit the carrying of firearms or other weapons by a tobacco 689 product enforcement agent, nor does designation as a tobacco 690 product enforcement officer provide the employee or agent with 691 the power of arrest or subject the employee or agent to the 692 provisions of ss. 943.085-943.255. Nothing in this section 693 amends, alters, or contravenes the provisions of any state 694 administered retirement system or any state-supported retirement 695 system established by general law. 696(b)A tobacco product enforcement officer is authorized to697issue a citation to a person under the age of 18 when, based698upon personal investigation, the officer has reasonable cause to699believe that the person has committed a civil infraction in700violation of s. 386.212 or s. 569.11.701 (3)A correctional probation officer as defined in s.702943.10(3) is authorized to issue a citation to a person under703the age of 18 when, based upon personal investigation, the704officer has reasonable cause to believe that the person has705committed a civil infraction in violation of s. 569.11.706(4)A citation issued to any person violating the 707 provisions of s. 569.11 shall be in a form prescribed by the 708 Division of Alcoholic Beverages and Tobacco of the Department of 709 Business and Professional Regulation and shall contain: 710 (a) The date and time of issuance. 711 (b) The name and address of the person to whom the citation 712 is issued. 713 (c) The date and time the civil infraction was committed. 714 (d) The facts constituting reasonable cause. 715 (e) The number of the Florida statute violated. 716 (f) The name and authority of the citing officer. 717 (g) The procedure for the person to follow in order to 718 contest the citation, perform the required community service, 719 attend the required anti-tobacco program, or to pay the civil 720 penalty. 721 (4) Each dealer shall be subject to at least two 722 unannounced compliance checks per year. The division or its 723 authorized designee shall conduct compliance checks by engaging 724 persons between the ages of 18 and 20 to enter the tobacco 725 retail establishment to attempt to purchase tobacco products. 726 Unannounced follow-up compliance checks of all noncompliant 727 dealers are required within 3 months of any violation of this 728 chapter. 729 Section 14. Section 569.14, Florida Statutes, is amended to 730 read: 731 569.14 Posting of a sign stating that the sale of tobacco 732 products to persons under 2118years of age is unlawful; 733 enforcement; penalty.— 734 (1) A dealer that sells tobacco products shall post a clear 735 and conspicuous sign in each place of business where such 736 products are sold which substantially states the following: 737 738 THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE 739 OF 2118IS AGAINST FLORIDA LAW. PROOF OF AGE IS 740 REQUIRED FOR SALEPURCHASE. 741 742 (2)A dealer that sells tobacco products and nicotine743products or nicotine dispensing devices, as defined in s.744877.112, may use a sign that substantially states the following:745 746THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR747NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE748OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED749FOR PURCHASE.750 751A dealer that uses a sign as described in this subsection meets752the signage requirements of subsection (1) and s. 877.112.753(3)The division shall make available to dealers of tobacco 754 products signs that meet the requirements of subsection (1)or755subsection (2). 756 (3)(4)Any dealer that sells tobacco products shall provide 757 at the checkout counter in a location clearly visible to the 758 dealer or the dealer’s agent or employee instructional material 759 in a calendar format or similar format to assist in determining 760 whether a person is of legal age to purchase tobacco products. 761 This point of sale material must contain substantially the 762 following language: 763 764 IF YOU WERE NOT BORN BEFORE THIS DATE 765 (insert date and applicable year) 766 YOU CANNOT BE SOLDBUYTOBACCO PRODUCTS. 767 768 Upon approval by the division, in lieu of a calendar a dealer 769 may use card readers, scanners, or other electronic or automated 770 systems that can verify whether a person is of legal age to 771 purchase tobacco products. Failure to comply with the provisions 772 contained in this subsection shall result in imposition of 773 administrative penalties as provided in s. 569.006. 774 (4)(5)The division, through its agents and inspectors, 775 shall enforce this section. 776 (5)(6)Any person who fails to comply with subsection (1) 777 is guilty of a misdemeanor of the second degree, punishable as 778 provided in s. 775.082 or s. 775.083. 779 Section 15. Subsections (3) and (4) of section 569.19, 780 Florida Statutes, are amended to read: 781 569.19 Annual report.—The division shall report annually 782 with written findings to the Legislature and the Governor by 783 December 31, on the progress of implementing the enforcement 784 provisions of this chapter. This must include, but is not 785 limited to: 786 (3) The number of violations for selling tobacco products 787 to persons under age 2118, and the results of administrative 788 hearings on the above and related issues. 789 (4) The number of persons under age 2118cited for 790 violations of s. 569.11 and sanctions imposed as a result of 791 citation. 792 Section 16. Section 877.112, Florida Statutes, is repealed. 793 Section 17. This act shall take effect October 1, 2020.