HomeMy WebLinkAboutFL HB 153FLORIDA HOUSE OF REPRESENTATIVES
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HB 153 - (?p • Re-ou_4-vt 2014
A bill to be entitled
An act relating to nicotine dispensing devices;
amending s. 569.002, F.S.; providing a definition;
amending s. 569.0075, F.S.; prohibiting the gift of
sample nicotine dispensing devices to persons under 18
years of age; amending s. 569.101, F.S.; prohibiting
the selling, delivering, bartering, furnishing, or
giving of nicotine dispensing devices to persons under
18 years of age, to which penalties apply; amending s.
569.11, F.S.; prohibiting persons under 18 years of
age from possessing, purchasing, or misrepresenting
their age or military service to purchase nicotine
dispensing devices; providing civil penalties;
amending s. 569.14, F.S.; requiring certain signage
where a dealer sells nicotine dispensing devices;
amending s. 569.19, F.S.; requiring the Division of
Alcoholic Beverages and Tobacco of the Department of
Business and Professional Regulation to submit the
number of violations for selling nicotine dispensing
devices in its annual report; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Subsection (8) is added to section 569.002,
Florida Statutes, to read:
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HB153 2014
569.002 Definitions. —As used in this chapter, the term:
(8) "Nicotine dispensing devices" mean any product that
can be used to deliver nicotine to an individual by inhaling
vaporized nicotine from the product, including, but not limited
to, electronic cigarettes and replacement nicotine cartridges
for electronic cigarettes.
Section 2. Section 569.0075, Florida Statutes, is amended
to read:
569.0075 Gift of sample tobacco products or sample
nicotine dispensing devices prohibited. —The gift of sample
tobacco products or sample nicotine dispensing devices to any
person under the age of 18 by an entity licensed or permitted
under the provisions of chapter 210 or this chapter, or by an
employee of such entity, is prohibited and is punishable as
provided in s. 569.101.
Section 3. Subsections (1) and (3) of section 569.101,
Florida Statutes, are amended to read:
569.101 Selling, delivering, bartering, furnishing, or
giving tobacco products or nicotine dispensing devices to
persons under 18 years of age; criminal penalties; defense.—
(1) It is unlawful to sell, deliver, barter, furnish, or
give, directly or indirectly, to any person who is under 18
years of age, any tobacco product or nicotine dispensing device.
(3) A person charged with a violation of subsection (1)
has a complete defense if, at the time the tobacco product or
nicotine dispensing device was sold, delivered, bartered,
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HB 153 2014
furnished, or given:
(a) The buyer or recipient falsely evidenced that she or
he was 18 years of age or older;
(b) The appearance of the buyer or recipient was such that
a prudent person would believe the buyer or recipient to be 18
years of age or older; and
(c) Such person carefully checked a driver's license or an
identification card issued by this state or another state of the
United States, a passport, or a United States armed services
identification card presented by the buyer or recipient and
acted in good faith and in reliance upon the representation and
appearance of the buyer or recipient in the belief that the
buyer or recipient was 18 years of age or older.
Section 4. Subsections (1), (2), and (6) of section
569.11, Florida Statutes, are amended to read:
569.11 Possession, misrepresenting age or military service
to purchase, and purchase of tobacco products or nicotine
dispensing devices by persons under 18 years of age prohibited;
penalties; jurisdiction; disposition of fines.—
(1) It is unlawful for any person under 18 years of age to
knowingly possess any tobacco product or nicotine dispensing
device. Any person under 18 years of age who violates the
provisions of this subsection commits a noncriminal violation as
provided in s. 775.08(3), punishable by:
(a) For a first violation, 16 hours of community service
or, instead of community service, a $25 fine. In addition, the
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HB 153 2014
person must attend a school -approved anti -tobacco and nicotine
program, if locally available;
(b) For a second violation within 12 weeks of the first
violation, a $25 fine; or
(c) For a third or subsequent violation within 12 weeks of
the first violation, the court must direct the Department of
Highway Safety and Motor Vehicles to withhold issuance of or
suspend or revoke the person's driver's license or driving
privilege, as provided in s. 322.056.
Any second or subsequent violation not within the 12-week time
period after the first violation is punishable as provided for a
first violation.
(2) It is unlawful for any person under 18 years of age to
misrepresent his or her age or military service for the purpose
of inducing a dealer or an agent or employee of the dealer to
sell, give, barter, furnish, or deliver any tobacco product or
nicotine dispensing device, or to purchase, or attempt to
purchase, any tobacco product or nicotine dispensing device from
a person or a vending machine. Any person under 18 years of age
who violates a provision of this subsection commits a
noncriminal violation as provided in s. 775.08(3), punishable
by:
(a) For a first violation, 16 hours of community service
or, instead of community service, a $25 fine and, in addition,
the person must attend a school -approved anti -tobacco and
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HB 153 2014
nicotine program, if available;
(b) For a second violation within 12 weeks of the first
violation, a $25 fine; or
(c) For a third or subsequent violation within 12 weeks of
the first violation, the court must direct the Department of
Highway Safety and Motor Vehicles to withhold issuance of or
suspend or revoke the person's driver's license or driving
privilege, as provided in s. 322.056.
Any second or subsequent violation not within the 12-week time
period after the first violation is punishable as provided for a
first violation.
(6) Eighty percent of all civil penalties received by a
county court pursuant to this section shall be remitted by the
clerk of the court to the Department of Revenue for transfer to
the Department of Education to provide for teacher training and
for research and evaluation to reduce and prevent the use of
tobacco products or nicotine dispensing devices by children. The
remaining 20 percent of civil penalties received by a county
court pursuant to this section shall remain with the clerk of
the county court to cover administrative costs.
Section 5. Subsections (1), (2), and (3) of section
569.14, Florida Statutes, are amended to read:
569.14 Posting of a sign stating that the sale of tobacco
products or nicotine dispensing devices to persons under 18
years of age is unlawful; enforcement; penalty. —
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(1) Any dealer that sells tobacco products or nicotine
2014
dispensing devices shall post a clear and conspicuous sign in
each place of business where such products are sold which
substantially states the following:
THE SALE OF TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES TO
PERSONS UNDER THE AGE OF 18 IS AGAINST FLORIDA LAW. PROOF OF AGE
IS REQUIRED FOR PURCHASE.
(2) The division shall make available to dealers of
tobacco products or nicotine dispensing
the requirements of subsection (1).
(3) Any dealer that sells tobacco
dispensing devices shall provide at the
location clearly visible to the dealer,
devices signs that meet
products or nicotine
checkout counter in a
the dealer's agent or
employee, instructional material in a calendar format or similar
format to assist in determining whether a person is of legal age
to purchase tobacco products or nicotine dispensing devices.
This point of sale material must contain substantially the
following language:
IF YOU WERE NOT BORN BEFORE THIS DATE
(insert date and applicable year)
YOU CANNOT BUY TOBACCO PRODUCTS OR NICOTINE DISPENSING DEVICES.
Upon approval by the division, in lieu of a calendar a dealer
may use card readers, scanners, or other electronic or automated
systems that can verify whether a person is of legal age to
purchase tobacco products or nicotine dispensing devices.
Failure to comply with the provisions contained in this
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subsection shall result in imposition of administrative
penalties as provided in s. 569.006.
Section 6. Subsection (3) of section 569.19, Florida
Statutes, is amended to read:
569.19 Annual report. —The division shall report annually
with written findings to the Legislature and the Governor by
December 31, on the progress of implementing the enforcement
provisions of this chapter. This must include, but is not
limited to:
(3) The number of violations for selling tobacco products
or nicotine dispensing devices to persons under age 18, and the
results of administrative hearings on the above and related
issues.
Section 7. This act shall take effect July 1, 2014.
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