F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 987 2021
1 A bill to be entitled
2 An act relating to age restrictions on tobacco and
3 nicotine products; amending s. 210.15, F.S.; revising
4 the age limits for permits relating to cigarettes;
5 amending s. 386.212, F.S.; revising age and time
6 restrictions relating to the prohibition of smoking
7 and vaping near school property; amending s. 569.002,
8 F.S.; revising the definition of the term "tobacco
9 products"; defining the term "vapor-generating
10 electronic device"; deleting the definition of the
11 term "any person under the age of 18"; amending s.
12 569.003, F.S.; revising the age limits for retail
13 tobacco products dealer permits; amending s. 569.007,
14 F.S.; revising prohibitions on the sale or delivery of
15 tobacco products from vending machines; conforming
16 provisions to federal law; amending s. 569.101, F.S.;
17 requiring the age of persons purchasing tobacco
18 products to be verified under certain circumstances;
19 repealing s. 877.112, F.S., relating to nicotine
20 products and nicotine dispensing devices; amending ss.
21 210.095, 569.0075, 569.008, 569.11, 569.12, 569.14,
22 and 569.19, F.S.; conforming provisions to federal law
23 and changes made by the act; providing an effective
24 date.
25
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26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Paragraph (b) of subsection (1) of section
29 210.15, Florida Statutes, is amended to read:
30 210.15 Permits.—
31 (1)
32 (b) Permits shall be issued only to persons of good moral
33 character who are 21 not less than 18 years of age or older.
34 Permits to corporations shall be issued only to corporations
35 whose officers are of good moral character and 21 not less than
36 18 years of age or older. There shall be no exemptions from the
37 permit fees herein provided to any persons, association of
38 persons, or corporation, any law to the contrary
39 notwithstanding.
40 Section 2. Subsection (1) of section 386.212, Florida
41 Statutes, is amended to read:
42 386.212 Smoking and vaping prohibited near school
43 property; penalty.—
44 (1) It is unlawful for any person younger than 21 under 18
45 years of age to smoke tobacco or vape in, on, or within 1,000
46 feet of the real property comprising a public or private
47 elementary, middle, or secondary school between the hours of 6
48 a.m. and midnight. This section does not apply to any person
49 occupying a moving vehicle or within a private residence.
50 Section 3. Subsections (6) and (7) of section 569.002,
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51 Florida Statutes, are amended to read:
52 569.002 Definitions.—As used in this chapter, the term:
53 (6) "Tobacco products" includes:
54 (a) Any product containing, made of, or derived from
55 tobacco or nicotine that is intended for human consumption or is
56 likely to be consumed, whether inhaled, absorbed, or ingested by
57 any other means, including a cigarette, a cigar, pipe tobacco,
58 chewing tobacco, snuff, or snus;
59 (b) Any vapor-generating electronic device and any
60 substance that may be aerosolized or vaporized during the use of
61 the device, regardless of whether the substance contains
62 nicotine; or
63 (c) Any component, part, or accessory of a product
64 described in paragraph (a) or paragraph (b), regardless of
65 whether the component, part, or accessory contains tobacco or
66 nicotine, including a filter, rolling paper, blunt or hemp wrap,
67 or pipe.
68
69 The term does not include any drug, device, or combination
70 product authorized for sale by the United States Food and Drug
71 Administration, as those terms are defined or described in the
72 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ss. 321 and
73 353(g), as such sections were in effect on July 1, 2021 loose
74 tobacco leaves, and products made from tobacco leaves, in whole
75 or in part, and cigarette wrappers, which can be used for
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76 smoking, sniffing, or chewing.
77 (7) "Vapor-generating electronic device" means any product
78 that employs an electronic, a chemical, or a mechanical means
79 capable of producing vapor or aerosol from a nicotine product or
80 any other substance, including an electronic cigarette, an
81 electronic cigar, an electronic cigarillo, an electronic pipe, a
82 vape pen, an electronic hookah, or any other similar device or
83 product; any replacement cartridge for such device; or any other
84 container of nicotine in a solution or other substance form
85 intended to be used with or within an electronic cigarette, an
86 electronic cigar, an electronic cigarillo, an electronic pipe, a
87 vape pen, an electronic hookah, or any other similar device or
88 product. The term includes any component, part, or accessory of
89 the device and also includes any substance intended to be
90 aerosolized or vaporized during the use of the device,
91 regardless of whether the substance contains nicotine.
92
93 The term does not include any drug, device, or combination
94 product authorized for sale by the United States Food and Drug
95 Administration, as those terms are defined or described in the
96 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ss. 321 and
97 353(g), as such sections were in effect on July 1, 2021 "Any
98 person under the age of 18" does not include any person under
99 the age of 18 who:
100 (a) Has had his or her disability of nonage removed under
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101 chapter 743;
102 (b) Is in the military reserve or on active duty in the
103 Armed Forces of the United States;
104 (c) Is otherwise emancipated by a court of competent
105 jurisdiction and released from parental care and responsibility;
106 or
107 (d) Is acting in his or her scope of lawful employment
108 with an entity licensed under the provisions of chapter 210 or
109 this chapter.
110 Section 4. Paragraph (a) of subsection (2) of section
111 569.003, Florida Statutes, is amended to read:
112 569.003 Retail tobacco products dealer permits;
113 application; qualifications; fees; renewal; duplicates.—
114 (2)(a) Permits may be issued only to persons who are 21 18
115 years of age or older or to corporations the officers of which
116 are 21 18 years of age or older.
117 Section 5. Subsections (3) through (5) of section 569.007,
118 Florida Statutes, are renumbered as subsections (2) through (4),
119 respectively, and subsection (1) and present subsection (2) of
120 that section are amended to read:
121 569.007 Sale or delivery of tobacco products;
122 restrictions.—
123 (1) In order to prevent persons younger than 21 under 18
124 years of age from purchasing or receiving tobacco products, the
125 sale or delivery of tobacco products is prohibited, except:
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126 (a) When under the direct control or line of sight of the
127 dealer or the dealer's agent or employee; or
128 (b) Sales from a vending machine are prohibited under the
129 provisions of paragraph (1)(a) and are only permissible from a
130 machine that is located in an establishment that prohibits
131 persons younger than 21 years of age on the licensed premises at
132 all times equipped with an operational lockout device which is
133 under the control of the dealer or the dealer's agent or
134 employee who directly regulates the sale of items through the
135 machine by triggering the lockout device to allow the dispensing
136 of one tobacco product. The lockout device must include a
137 mechanism to prevent the machine from functioning if the power
138 source for the lockout device fails or if the lockout device is
139 disabled, and a mechanism to ensure that only one tobacco
140 product is dispensed at a time.
141 (2) The provisions of subsection (1) shall not apply to an
142 establishment that prohibits persons under 18 years of age on
143 the licensed premises.
144 Section 6. Section 569.101, Florida Statutes, is amended
145 to read:
146 569.101 Selling, delivering, bartering, furnishing, or
147 giving tobacco products to persons younger than 21 under 18
148 years of age; criminal penalties; defense.—
149 (1) It is unlawful to sell, deliver, barter, furnish, or
150 give, directly or indirectly, any tobacco product to any person
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151 who is younger than 21 under 18 years of age, any tobacco
152 product.
153 (2) Any person who violates subsection (1) commits a
154 misdemeanor of the second degree, punishable as provided in s.
155 775.082 or s. 775.083. However, any person who violates
156 subsection (1) for a second or subsequent time within 1 year
157 after of the first violation, commits a misdemeanor of the first
158 degree, punishable as provided in s. 775.082 or s. 775.083.
159 (3) A person charged with a violation of subsection (1)
160 has a complete defense if, at the time the tobacco product was
161 sold, delivered, bartered, furnished, or given, all of the
162 following criteria were met:
163 (a) The buyer or recipient falsely evidenced that she or
164 he was 21 18 years of age or older.;
165 (b) The appearance of the buyer or recipient was such that
166 a prudent person would believe the buyer or recipient to be 21
167 18 years of age or older.; and
168 (c) Such person carefully checked a driver license or an
169 identification card issued by this state or another state of the
170 United States, a passport, or a United States Armed Services
171 identification card presented by the buyer or recipient and
172 acted in good faith and in reliance upon the representation and
173 appearance of the buyer or recipient in the belief that the
174 buyer or recipient was 21 18 years of age or older.
175 (4) A person must verify by means of the identification
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176 specified in paragraph (3)(c) that a buyer or recipient of a
177 tobacco product is not younger than 21 years of age. Such
178 verification is not required for any person who appears to be
179 older than 30 years of age.
180 Section 7. Section 877.112, Florida Statutes, is repealed.
181 Section 8. Paragraphs (a) and (b) of subsection (5) of
182 section 210.095, Florida Statutes, are amended to read:
183 210.095 Mail order, Internet, and remote sales of tobacco
184 products; age verification.—
185 (5) Each person who mails, ships, or otherwise delivers
186 tobacco products in connection with an order for a delivery sale
187 must:
188 (a) Include as part of the shipping documents, in a clear
189 and conspicuous manner, the following statement: "Tobacco
190 Products: Florida law prohibits shipping to individuals younger
191 than 21 under 18 years of age and requires the payment of all
192 applicable taxes."
193 (b) Use a method of mailing, shipping, or delivery which
194 obligates the delivery service to require:
195 1. The individual submitting the order for the delivery
196 sale or another adult who resides at the individual's address to
197 sign his or her name to accept delivery of the shipping
198 container. Proof of the legal minimum purchase age of the
199 individual accepting delivery is required only if the individual
200 appears to be younger than 30 under 27 years of age.
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201 2. Proof that the individual is either the addressee or
202 the adult designated by the addressee, in the form of a valid,
203 government-issued identification card bearing a photograph of
204 the individual who signs to accept delivery of the shipping
205 container.
206
207 If the person accepting a purchase order for a delivery sale
208 delivers the tobacco products without using a delivery service,
209 the person must comply with all of the requirements of this
210 section which apply to a delivery service. Any failure to comply
211 with a requirement of this section constitutes a violation
212 thereof.
213 Section 9. Section 569.0075, Florida Statutes, is amended
214 to read:
215 569.0075 Gift of sample tobacco products prohibited.—The
216 gift of sample tobacco products to any person younger than 21
217 years of age under the age of 18 by an entity licensed or
218 permitted under the provisions of chapter 210 or this chapter,
219 or by an employee of such entity, is prohibited and is
220 punishable as provided in s. 569.101.
221 Section 10. Subsection (1), paragraphs (b) and (c) of
222 subsection (2), and subsec