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Bill > H0987


FL H0987

FL H0987
Tobacco and Nicotine Products


summary

Introduced
02/15/2021
In Committee
04/09/2021
Crossed Over
Passed
Dead
04/30/2021

Introduced Session

2021 Regular Session

Bill Summary

An act relating to tobacco and nicotine products; amending s. 210.095, F.S.; deleting a definition; revising age restrictions relating to mail order, Internet, and remote sales of tobacco products; amending s. 386.212, F.S.; revising age restrictions relating to smoking and vaping near school property; renaming ch. 569, F.S.; providing directives to the Division of Law Revision; amending s. 569.002, F.S.; revising and providing definitions; amending ss. 569.003, 569.004, 569.006, 569.0075, 569.008, 569.009, 569.101, 569.11, and 569.19, F.S.; conforming provisions to changes made by the act; amending s. 569.007, F.S.; requiring verification of the age of persons purchasing tobacco products under certain circumstances; conforming provisions to changes made by the act; amending s. 569.12, F.S.; expanding authority of tobacco product enforcement officers to include nicotine products; amending s. 569.14, F.S.; revising requirements for certain signage; creating s. 569.24, F.S.; preempting the establishment of the minimum age for purchasing or possessing tobacco products or nicotine products and the regulation of the marketing, sale, or delivery of such products to the state; creating s. 569.31, F.S.; providing definitions; creating s. 569.32, F.S.; requiring retail nicotine products dealers to obtain a permit; providing requirements for such permit; creating s. 569.33, F.S.; providing for consent to inspection and search without warrant; creating s. 569.34, F.S.; prohibiting certain persons, firms, associations, or corporations from operating without a retail nicotine products dealer permit; providing civil penalties; creating s. 569.35, F.S.; providing administrative penalties for retail nicotine products dealers under certain circumstances; creating s. 569.37, F.S.; providing restrictions on the sale or delivery of nicotine products; creating s. 569.38, F.S.; prohibiting giving nicotine product samples to certain persons; creating s. 569.381, F.S.; providing legislative intent; providing qualifications for responsible retail nicotine products dealers; authorizing the Division of Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation to mitigate administrative penalties under certain circumstances; requiring the division to develop and make available a nicotine products training program; requiring nicotine products dealers to exercise diligence in the management and supervision of their premises and the supervision and training of certain persons; creating s. 569.39, F.S.; requiring the division to adopt rules; creating s. 569.41, F.S.; prohibiting the selling, delivering, bartering, furnishing, or giving of nicotine products to certain persons; providing criminal penalties; providing a defense; creating s. 569.42, F.S.; prohibiting possessing, misrepresenting age or military service to purchase, and purchasing nicotine products by certain persons; providing civil penalties; authorizing the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend a driver license or driving privileges under certain circumstances; providing for the use of fees collected; creating s. 569.43, F.S.; providing signage requirements; providing for enforcement; providing criminal penalties; creating s. 569.44, F.S.; requiring the division to provide an annual report containing specified information to the Governor and Legislature; creating s. 569.45, F.S.; providing definitions; providing requirements for mail order, Internet, and remote sales of nicotine products; providing applicability; providing criminal penalties; providing for a cause of action to prevent or restrain specified violations; repealing s. 877.112, F.S., relating to nicotine products and nicotine dispensing devices; providing an effective date.

AI Summary

This bill amends Florida's laws related to tobacco and nicotine products. The key provisions include: - Raising the minimum age to purchase tobacco and nicotine products from 18 to 21 years old, with some exceptions. - Requiring retailers selling nicotine products to obtain a new retail nicotine products dealer permit. - Prohibiting the sale or delivery of nicotine products to individuals under 21, with certain restrictions and penalties. - Prohibiting the possession, purchase, or misrepresentation of age to obtain nicotine products by individuals under 21, with civil penalties. - Requiring signage and age verification procedures for retailers selling nicotine products. - Authorizing the Division of Alcoholic Beverages and Tobacco to enforce and administer the new nicotine product regulations. - Preempting local governments from establishing their own minimum ages or regulations for the marketing, sale, or delivery of tobacco and nicotine products.

Committee Categories

Budget and Finance, Business and Industry, Government Affairs

Sponsors (3)

Other Sponsors (2)

Regulatory Reform Subcommittee (House), State Administration and Technology Appropriations Subcommittee (House)

Last Action

Laid on Table; companion bill(s) passed, see CS/CS/SB 1080 (Ch. 2021-14) (on 04/27/2021)

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