The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1080
INTRODUCER: Health Policy Committee; Regulated Industries Committee; and Senator Hutson
SUBJECT: Tobacco and Nicotine Products
DATE: April 15, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Oxamendi Imhof RI Fav/CS
2. Looke Brown HP Fav/CS
3. Oxamendi Phelps RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1080 relates to the regulation of the retail sale of tobacco products and nicotine
products. The bill:
Increases the minimum age to lawfully purchase and possess tobacco products and nicotine
products from 18 years of age to 21 years of age.
Creates a new part of ch. 569, F.S, to regulate the sale of, and create a separate licensing
structure for, the sale of “nicotine dispensing devices” and nicotine products.
Regulates tobacco products under part I of ch. 569, F.S., which consists of the current-law
provisions.
Regulates nicotine products under part II of ch. 569, F.S., which includes the requirements in
current law for the sale of nicotine products, and additional provisions for the regulation of
nicotine product sales the same as currently apply to the regulation of tobacco product sales.
Excludes tobacco products from the definition of nicotine products.
Requires retail dealers of nicotine products to have a permit issued by the Division of
Alcoholic Beverages and Tobacco, but does not require a fee for the permit. However, the
holder of a retail tobacco products dealer permit may sell nicotine products without an
additional permit.
Preempts to the state the establishment of a minimum age for purchasing or possessing
tobacco or nicotine products as well as regulation of the marketing, sale, or delivery of
tobacco or nicotine products.
Prohibits smoking and vaping by any person under 21 years of age on or near school
property. (Current law applies the prohibition to persons under 18 years of age).
BILL: CS/CS/SB 1080 Page 2
Keeps the exemption in current law for underage persons in the military and persons acting
in the scope of lawful employment.
Requires age verification before a sale or delivery of tobacco products to person who appear
to be under 30 years of age. (This complies with federal law.)
The effective date of the bill is October 1, 2021.
II. Present Situation:
Regulation of Tobacco Products
The Division of Alcoholic Beverages and Tobacco (division) within the Department of Business
and Professional Regulation (DBPR) is the state agency responsible for the regulation and
enforcement of tobacco products under ch. 569, F.S.
Tobacco Products Definitions
Section 569.002(6), F.S., defines the term “tobacco products” to include loose tobacco leaves
and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can
be used for smoking, sniffing, or chewing.
Section 210.25(12), F.S., provides a separate definition for the term “tobacco products” in the
context of the taxation of these products and the licensing of tobacco product manufacturers,
importers, exporters, distributing agents, or wholesale dealers under part II of ch. 210, F.S. In
this context the term “tobacco products” means:
loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and
twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps;
clippings, cuttings, and sweepings of tobacco, and other kinds and forms of
tobacco prepared in such manner as to be suitable for chewing; but “tobacco
products” does not include cigarettes, as defined by s. 210.01(1), or cigars.
The definition of “tobacco products” in s. 569.002(6), F.S., is limited to the regulation of tobacco
products by the division under ch. 569, F.S., and does not affect the taxation of such products
under ch. 210, F.S.
Retail Tobacco Products Dealer Permits
A person must obtain a retail tobacco products dealer permit from the division for each place of
business where tobacco products are sold, including sales made through a vending machine.1
Section 569.003, F.S., relates to retail tobacco products dealer permits, the permit application,
qualifications, fees, renewals, and duplicates. Section 569.003(2), F.S., stipulates that permits
may only be issued to persons who are 18 years of age or older or to corporations the officers of
which are 18 years of age or older. The division is authorized to refuse to issue a permit to any
person, firm, association, or corporation whose permit has been revoked; to any corporation with
1
Section 569.003, F.S.
BILL: CS/CS/SB 1080 Page 3
an officer who has had his or her permit revoked; or to any person who is or has been an officer
of a corporation whose permit has been revoked.
The fee for an annual permit is established in rule by the division at an amount to cover the
regulatory costs of the program, not to exceed $50. The fees are deposited into the Alcoholic
Beverage and Tobacco Trust Fund within the DBPR.2
Mail Order, Internet, Other Remote Sales of Tobacco Products, and Tobacco Products
Permits
Section 210.095(5), F.S., provides requirements for the delivery of mail order, Internet, and other
remote sales of tobacco products, including age verification requirements, all of which is
generally referred to as “delivery sales.” It also defines 10 relevant terms.
Specific notice and shipping requirements are provided for all delivery sales, whether in-state or
out-of-state. Each person who mails, ships, or otherwise delivers tobacco products in connection
with an order for a delivery sale is required to:
Include, as part of the shipping documents, in a clear and conspicuous manner, the following
statement: “Tobacco Products: Florida law prohibits shipping to individuals under 18 years
of age and requires the payment of all applicable taxes.”
Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address and obtain proof of
the legal minimum purchase age of the individual accepting delivery, if the individual
appears to be under 27 years of age.
o Require proof that the individual accepting delivery is either the addressee or the adult
designated by the addressee, in the form of a valid, government-issued identification card
bearing a photograph of the individual who signs to accept delivery of the shipping
container.
Provide to the delivery service, if such service is used, evidence of full compliance with
requirements for the collection and remittance of all taxes imposed on tobacco products by
this state with respect to the delivery sale.3
If a person accepts a purchase order for a delivery sale and delivers the tobacco products without
using a delivery service, the person must comply with all of the requirements that apply to a
delivery service.4 Before making sales or shipping orders, entities must provide specific notice to
the division as to shipper and receiver, with monthly reporting.5 There are requirements specific
to purchase orders.6
Section 210.095(8), F.S., provides that the penalty for the following violations of the delivery
sale requirements is a misdemeanor of the third degree:
A delivery sale delivers tobacco products, on behalf of a delivery service, to an individual
who is under 18 years of age.
2
Section 569.003(1)(c), F.S.
3
Section 210.095(5), F.S.
4
Id.
5
Section 210.095(6), F.S.
6
Section 210.095(7), F.S.
BILL: CS/CS/SB 1080 Page 4
A violation of any provision in s. 210.095, F.S., by an individual who is under 18 years of
age.
Florida law does not provide a criminal penalty classification for a misdemeanor of the third
degree. However, the prohibitions and second degree misdemeanor penalties7 in s. 569.101, F.S.,
(prohibiting the sale, delivery, bartering, furnishing, or giving, directly or indirectly, to any
person who is under 18 years of age, any tobacco product, and s. 569.11, F.S., prohibiting
persons under 18 years of age from possessing, directly or indirectly, any tobacco product) apply
to s. 210.095, F.S., relating to the delivery of tobacco products to persons under the age of 18.
Section 210.15, F.S., relates to permits for the sale of specific tobacco products. A requirement
for issuance of such a permit is for a person to be of good moral character and not less than 18
years of age. In addition, permits to corporations may be issued only to corporations whose
officers are of good moral character and not less than 18 years of age.8
Signage Requirement
Retail tobacco products dealers must post a clear and conspicuous sign that the sale of tobacco
products is prohibited to persons under the age of 18 and that proof of age is required for
purchase. The division is required to make the signs available to retailer dealers and must also
have instructional material in the form of a calendar or similar format to assist in determining the
age of the person attempting to purchase a tobacco product.9
Annual Report
The DBPR is required to submit an annual report to the Governor and Legislature regarding the
enforcement of tobacco products, including:
The number and results of compliance visits by the division;
The number of violations for failure of a retailer to hold a valid license;
The number of violations for selling tobacco products to anyone under the age of 18 and the
results of administrative hearings on such violations; and
The number of people under the age of 18 cited for violations, including sanctions imposed
as a result of such citation, related to misrepresenting their age, purchasing tobacco products
underage, or misrepresenting military service for the purpose of obtaining tobacco products
underage.10
Tobacco Products and Minors
Current law prohibits the sales of tobacco products to, and the possession of tobacco products by,
person under the age of 18. Section 569.101, F.S., prohibits the sale, delivery, bartering,
furnishing, or giving of tobacco products to persons under the age of 18. A violation of this
7
Section 775.082, F.S., provides that the penalty for a misdemeanor of the second degree is punishable by a term of
imprisonment not to exceed 60 days. Section 775.083, F.S., provides that the penalty for a misdemeanor of the second degree
is punishable by a fine not to exceed $500.
8
Section 210.15(2)(b), F.S.
9 Section 569.14, F.S.
10 Section 569.19, F.S.
BILL: CS/CS/SB 1080 Page 5
prohibition is a second degree misdemeanor.11 A second or subsequent violation within one year
of the first violation is a first degree misdemeanor.12
It is a complete defense to a person charged with a violation of s. 569.101, F.S., if the buyer or
recipient falsely evidenced that he or she was 18 years of age or older, a prudent person would
believe the buyer or recipient to be 18 years of age or older, and the buyer or recipient presented
false identification13 upon which the person relied in good faith.14
Section 569.11, F.S., prohibits persons under the age of 18 years from possessing, directly or
indirectly, any tobacco products:
A first violation of this prohibition is a non-criminal violation with a penalty of 16 hours of
community service or a $25 fine, and attendance at a school-approved anti-tobacco program,
if locally available.
A second or subsequent violation within 12 weeks of the first violation is punishable with a
$25 fine.
Any second or subsequent violation within the 12-week time period after the first violation is
punishable as a first violation.15
Eighty percent of all civil penalties received by a county court under s. 569.11, F.S., must be
remitted to the Department of Revenue for transfer to the Department of Education for teacher
training, and for research and evaluation to reduce and prevent the use of tobacco products,
nicotine products, or nicotine dispensing devices by children. The remaining 20 percent of civil
penalties received by a county court must remain with the clerk of the county court to cover
administrative costs.16
Section 569.002(7), F.S., provides that the term “any person under the age of 18” does not
include any person under age 18 who:
Has had his or her disability of nonage removed under ch. 743, F.S.;
Is in the military reserve or on active duty in the Armed Forces of the United States;
Is otherwise emancipated by a court of competent jurisdiction and released from parental
care and responsibility; or
Is acting in his or her scope of lawful employment with an entity licensed under the
provisions of ch. 210, F.S., relating to taxation of cigarettes and other tobacco products, or
ch. 569, F.S., relating to tobacco products.
11
Supra note 6.
12
Section 775.082, F.S., provides that the penalty for a misdemeanor of the first degree is punishable by a term of
imprisonment not exceeding one year. Section 775.083, F.S., provides that the penalty for a misdemeanor of the first degree
is punishable by a fine not to exceed $1,000.
13
Identification includes carefully checking “a driver 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.” See s. 569.101(3)(c), F.S.
14
Section 569.101(3)(c), F.S.
15
Section 569.11(1), F.S.
16
Section 569.11(6), F.S.
BILL: CS/CS/SB 1080 Page 6
To prevent persons under 18 years of age from purchasing or receiving tobacco products, the sale
or delivery of tobacco products is prohibited, except when those products are under the direct
control or line of sight of the dealer or the dealer’s agent or employee. If a tobacco product is
sold from a vending machine, the vending machine must have:
An operational lock-out device which is under the control of the dealer or the dealer’s agent
or employee who directly regulates the sale of items through the machine by triggering the
lock-out device to allow the dispensing of one tobacco product;
A mechanism on the lock-out device to prevent the machine from functioning if the power
source for the lock-out device fails or if the lock-out device is disabled; and
A mechanism to ensure that only one tobacco product is dispensed at a time.17
These requirements for the sale of tobacco products do not apply to an establishment that
prohibits persons under 18 years of age on the premises and do not apply to the sale or delivery
of cigars and pipe tobacco.18
Section 569.0075, F.S., prohibits the giving of sample tobacco products to persons under the age
of 18.
Section 569.12, F.S., provides enforcement authority to full-time, part-time, and auxiliary law
enforcement officers for the provisions of ch. 569, F.S. The section also authorizes a county or
municipality to designate certain of its employees or agents as tobacco product enforcement
officers within specified guidelines. Such enforcement officers are authorized to issue a citation
to a person under 18 years of age based on a reasonable cause to believe that a civil infraction
has been committed. Similar authority is provided for correctional probation officers. Details are
provided as to the required elements of the citation.
Retail tobacco products dealers (retailers) must post a clear and conspicuous sign that the sale of
tobacco produc