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HomeMy WebLinkAboutFL SB 224Florida Senate - 2014 CS for SB 224 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 By the Committee on Regulated Industries; and Senators Benacquisto, Latvala, Sobel, and Flores 580-00643-14 2014224c1 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: 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 Page 1 of 7 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 580-00643-14 2014224c1 vaporized nicotine from the product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product and any replacement nicotine cartridge for the device or product. 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, 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 Page 2 of 7 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 580-00643-14 2014224c1 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 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 Page 3 of 7 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 580-00643-14 2014224c1 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 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 Page 4 of 7 CODING: Words strickcn are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 580-00643-14 2014224c1 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.— (1) Any dealer that sells tobacco products or nicotine 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 devices signs that meet the requirements of subsection (1). (3) Any dealer that sells tobacco products or nicotine Page 5 of 7 CODING: Words otrickcn are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 580-00643-14 2014224c1 dispensing devices shall provide at the checkout counter in a location clearly visible to the dealer, 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 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 Page 6 of 7 CODING: Words otrickon are deletions; words underlined are additions. Florida Senate - 2014 CS for SB 224 175 176 580-00643-14 issues. Section 7. This act shall take effect July 1, 2014. 2014224c1 Page 7 of 7 CODING: Words strickcn are deletions; words underlined are additions.