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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
A bill to be entitled 1
An act relating to nicotine products; reordering and 2
amending s. 569.31, F.S.; revising and defining terms 3
for purposes of part II of ch. 569, F.S.; creating s. 4
569.311, F.S.; requiring nicotine products 5
manufacturers to execute and deliver a form, under 6
penalty of perjury, to the Division of Alcoholic 7
Beverages and Tobacco of the Department of Business 8
and Professional Regulation for each product sold 9
within this state which meets certain criteria; 10
specifying requirements for the form prescribed by the 11
division; requiring manufacturers to submit certain 12
additional materials when submitting the form to the 13
division; requiring a manufacturer to notify the 14
division of certain events; requiring the division to 15
develop and maintain a directory listing certified 16
nicotine products manufacturers and certified nicotine 17
products by a specified date; specifying requirements 18
for the directory; providing procedures and notice to 19
manufacturers for removal of the manufacturer or any 20
of its products from the directory; prov iding for 21
administrative review of action by the division 22
regarding the directory; requiring manufacturers to 23
take certain actions upon a product's removal from the 24
directory; providing penalties for certain violations 25
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by manufacturers; subjecting retail a nd wholesale 26
nicotine products dealers to inspections or audits to 27
ensure compliance; requiring the division to publish 28
findings of such inspections and audits and make them 29
available to the public; authorizing the division to 30
adopt certain procedures by r ule; creating s. 569.312, 31
F.S.; requiring specified manufacturers and dealers of 32
nicotine products to maintain certain records for a 33
specified timeframe; requiring such manufacturers and 34
dealers to timely comply with division requests to 35
produce records; authorizing the division to examine 36
such records for specified purposes; providing for 37
enforcement; authorizing the division to assess 38
administrative fines for noncompliance and to deposit 39
them into the General Revenue Fund; creating s. 40
569.313, F.S.; prohi biting the sale, shipment, or 41
distributing of certain nicotine products into this 42
state; providing a criminal penalty; authorizing the 43
division to assess fines and deposit them into the 44
General Revenue Fund; creating s. 569.316, F.S.; 45
requiring persons or entities that seek to deal or 46
sell certain nicotine products or dispensing devices 47
to retail dealers to obtain a wholesale nicotine 48
products dealer permit; specifying requirements and 49
limitations regarding the issuance of such permits; 50
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specifying condition s under which the division may 51
refuse to issue a permit; providing requirements and 52
limitations for permitholders; providing construction; 53
creating s. 569.317, F.S.; requiring wholesale 54
nicotine products dealer permitholders to sell only 55
nicotine products listed in the division's directory; 56
authorizing the division to revoke or suspend a permit 57
if a violation is deemed to have occurred; authorizing 58
the division to assess administrative penalties for 59
violations and to deposit them into the General 60
Revenue Fund; amending s. 569.32, F.S.; requiring that 61
retail nicotine products dealer permits be issued 62
annually; providing procedures for the renewal of 63
permits; requiring the division to levy a delinquent 64
fee under certain circumstances; requiring the 65
division to adopt by rule a certain procedure for the 66
submittal of applications; prohibiting the division 67
from granting exemptions from permit fees; amending s. 68
569.33, F.S.; providing that holders of a wholesale 69
nicotine products dealer permit must consent to 70
certain inspections and searches without a warrant; 71
amending s. 569.34, F.S.; providing criminal penalties 72
for the unlawful sale or dealing of unlisted nicotine 73
products; providing criminal penalties for the 74
unauthorized purchase of certain nicotine products; 75
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authorizing the division to suspend or revoke a permit 76
of a permitholder upon sufficient cause of a violation 77
of part II of ch. 569, F.S.; authorizing the division 78
to assess an administrative penalty for violations and 79
deposit them into the General Revenue F und; creating 80
s. 569.345, F.S.; providing for the seizure and 81
destruction of unlawful nicotine products in 82
accordance with the Florida Contraband Forfeiture Act; 83
requiring a court with jurisdiction to take certain 84
action; requiring the division to maintain certain 85
records; requiring that costs be borne by the person 86
who held the seized products; amending s. 569.002, 87
F.S.; conforming cross -references to changes made by 88
the act; providing an effective date. 89
90
Be It Enacted by the Legislature of the State of Florida: 91
92
Section 1. Section 569.31, Florida Statutes, is reordered 93
and amended to read: 94
569.31 Definitions. —As used in this part, the term: 95
(2)(1) "Dealer" is synonymous with the term "retail 96
nicotine products dealer." 97
(3)(2) "Division" means the Division of Alcoholic 98
Beverages and Tobacco of the Department of Business and 99
Professional Regulation. 100
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(4) "FDA" means the United States Food and Drug 101
Administration. 102
(5)(3) "Nicotine dispensing device" means any product that 103
employs an electroni c, chemical, or mechanical means to produce 104
vapor or aerosol from a nicotine product, including, but not 105
limited to, an electronic cigarette, electronic cigar, 106
electronic cigarillo, electronic pipe, or other similar device 107
or product, any replacement cartr idge for such device, and any 108
other container of nicotine in a solution or other form intended 109
to be used with or within an electronic cigarette, electronic 110
cigar, electronic cigarillo, electronic pipe, or other similar 111
device or product. 112
(6)(4) "Nicotine product" means any product that contains 113
nicotine, including liquid nicotine, which is intended for human 114
consumption, whether inhaled, chewed, absorbed, dissolved, or 115
ingested by any means. The term also includes any nicotine 116
dispensing device. For purposes of this definition, each 117
individual stock keeping unit is considered a separate nicotine 118
product. The term does not include a: 119
(a) Tobacco product, as defined in s. 569.002; 120
(b) Product regulated as a drug or device by the United 121
States Food and Drug Administration under Chapter V of the 122
Federal Food, Drug, and Cosmetic Act; or 123
(c) Product that contains incidental nicotine. 124
(7) "Nicotine products manufacturer" means any person that 125
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manufactures nicotine products. 126
(8)(5) "Permit" is synonymous with the term "retail 127
nicotine products dealer permit." 128
(9)(6) "Retail nicotine products dealer" means the holder 129
of a retail nicotine products dealer permit. 130
(10)(7) "Retail nicotine products dealer permit" means a 131
permit issued by the division under s. 569.32. 132
(11)(8) "Self-service merchandising" means the open 133
display of nicotine products, whether packaged or otherwise, for 134
direct retail customer access and handl ing before purchase 135
without the intervention or assistance of the dealer or the 136
dealer's owner, employee, or agent. An open display of such 137
products and devices includes the use of an open display unit. 138
(12) "Wholesale nicotine products dealer" means the holder 139
of a wholesale nicotine products dealer permit who purchases 140
nicotine dispensing devices or nicotine products from any 141
nicotine products manufacturer. 142
(13) "Wholesale nicotine products dealer permit" means a 143
permit issued by the division under s. 569.316. 144
(1)(9) "Any person under the age of 21" does not include 145
any person under the age of 21 who: 146
(a) Is in the military reserve or on active duty in the 147
Armed Forces of the United States; or 148
(b) Is acting in his or her scope of lawful employmen t. 149
Section 2. Section 569.311, Florida Statutes, is created 150
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to read: 151
569.311 Nicotine product directory. — 152
(1) Every nicotine products manufacturer that sells 153
nicotine products in this state shall execute and deliver a 154
form, prescribed by the divisi on, under penalty of perjury for 155
each nicotine product sold that meets either of the following 156
criteria: 157
(a) A nicotine product which contains nicotine derived 158
from a tobacco source and was on the market in the United States 159
as of August 8, 2016, and the manufacturer has applied for a 160
marketing order pursuant to 21 U.S.C. s. 387j for the nicotine 161
product by submitting a premarket tobacco product application on 162
or before September 9, 2020, to the FDA, or the nicotine product 163
contains nicotine derived from a non-tobacco source and was on 164
the market in the United States as of April 14, 2022, and the 165
manufacturer has applied for a marketing order pursuant to 21 166
U.S.C. s. 387j for the nicotine product containing nicotine 167
derived from a non-tobacco source by sub mitting a premarket 168
tobacco product application on or before May 14, 2022, and: 169
1. The premarket tobacco product application for the 170
nicotine product remains under review by the FDA, and neither a 171
marketing authorization nor a marketing denial order has been 172
issued; or 173
2. The FDA issued a marketing denial order for the 174
nicotine product, but the FDA or a federal court issued a stay 175
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or an injunction during the pendency of the manufacturer's 176
appeal of the marketing denial order or either the order has 177
been appealed to the FDA or a challenge to the order has been 178
filed with a federal court and the appeal or challenge is still 179
pending. 180
(b) The nicotine products manufacturer has received a 181
marketing authorization or other authorization under 21 U.S.C. 182
s. 387j for the nicotine product from the FDA. 183
(2) The form prescribed by the division pursuant to 184
subsection (1) must require each nicotine products manufacturer 185
to set forth the name under which the nicotine products 186
manufacturer transacts or intends to tran sact business, the 187
address of the location of the nicotine products manufacturer's 188
principal place of business, the nicotine products 189
manufacturer's e-mail address, and any other information the 190
division requires. The division may allow a nicotine products 191
manufacturer to group its nicotine products on its 192
certification. 193
(3) In addition to completing the form prescribed by the 194
division pursuant to subsection (1), each nicotine products 195
manufacturer shall provide a copy of the cover page of the 196
premarket tobacco application with evidence of the receipt of 197
the application by the FDA, or a copy of the cover page of the 198
marketing authorization or other authorization issued pursuant 199
to 21 U.S.C. s. 387j, whichever is applicable. 200
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(4) Any nicotine products manu facturer submitting a 201
certification pursuant to subsection (1) shall notify the 202
division within 30 days after any material change to the 203
certification, including, but not limited to, issuance by the 204
FDA of any of the following: 205
(a) A market authorization or authorization pursuant to 21 206
U.S.C. s. 387j; 207
(b) An order requiring a nicotine products manufacturer to 208
remove a product from the market either temporarily or 209
permanently; 210
(c) Any notice of action taken by the FDA affecting the 211
ability of the nicot ine product to be introduced or delivered in 212
this state for commercial distribution; 213
(d) Any change in policy which results in a nicotine 214
product no longer being exempt from federal enforcement 215
oversight; or 216
(e) Any other change deemed material by the division 217
pursuant to a rule of the division. 218
(5) The division shall develop and maintain a directory 219
listing all nicotine products manufacturers and the nicotine 220
products certified with the division which comply with this 221
section. The division shall make the directory available January 222
1, 2025, on its or the Department of Business and Professional 223
Regulation's website. The division shall update the directory as 224
necessary. 225
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(6) The division shall provide a nicotine products 226
manufacturer notice and an oppo rtunity to cure deficiencies 227
before removing the manufacturer or its nicotine product from 228
the directory. 229
(a) The division may not remove the nicotine products 230
manufacturer or its nicotine product from the directory until at 231
least 15 days after the nicot ine products manufacturer has been 232
given notice of an intended action. Notice is sufficient and 233
deemed immediately received by a nicotine products manufacturer 234
if the notice is sent either electronically or by facsimile to 235
an e-mail address or facsimile nu mber provided by the nicotine 236
products manufacturer in its most recent certification filed 237
under subsection (1). 238
(b) The nicotine products manufacturer has 15 days from 239
the date of service of the notice of the division's intended 240
action to establish that the nicotine products manufacturer or 241
its nicotine product should be included in the directory. 242
(c) A determination by the division not to include or to 243
remove from the directory a nicotine products manufacturer or 244
nicotine product is subject to review under chapter 120. If a 245
nicotine products manufacturer seeks review of removal from the 246
directory, the division must keep the nicotine product on the 247
directory until conclusion of the hearing. 248
(d) If a nicotine product is removed from the directory, 249
each retailer and wholesaler has 21 days from the day such 250
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product is removed from the directory to remove the product from 251
its inventory and return the product to the manufacturer. Each 252
nicotine products manufacturer shall provide to the division 253
information regarding the return of such product and how the 254
returned product was disposed of within 21 days after receipt. 255
After 21 days following removal from the directory, the product 256
identified in the notice of removal is contraband and subject to 257
s. 569.345. 258
(7) Beginning March 1, 2025, or on the date that the 259
division first makes the directory available for public 260
inspection on its or the Department of Business and Professional 261
Regulation's website, whichever is later, a nicotine products 262
manufacturer that offers for sale a nicotine product not listed 263
on the directory is subject to a fine of $1,000 per day for each 264
nicotine product offered for sale in violation of this section 265
until the offending product is removed from the market or until 266
the offending product is properly listed on the directory. 267
(8) A nicotine products manufacturer that falsely 268
represents any of the information required by subsection (1) or 269
subsection (2) commits a felony of the third degree for each 270
false representation, punishable as pro vided in s. 775.082 or s. 271
775.083. 272
(9) Each retail nicotine products dealer and wholesale 273
nicotine products dealer is subject to unannounced inspections 274
or audit checks by the division for purposes of enforcing this 275
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section. The division shall conduct un announced follow-up 276
compliance checks of all noncompliant retail nicotine products 277
dealers or wholesale nicotine products dealers within 30 days 278
after any violation of this section. The division shall publish 279
the results of all inspections or audits at lea st annually and 280
shall make the results available to the public on request. 281
(10) The division may establish by rule a procedure to 282
allow nicotine products manufacturers to renew certifications 283
without having to resubmit all the information required by thi s 284
section. 285
Section 3. Section 569.312, Florida Statutes, is created 286
to read: 287
569.312 Maintenance and inspection of nicotine product 288
records.— 289
(1) Each nicotine products manufacturer shall maintain and 290
keep for a period of 3 years, at the address li sted on the 291
certification required pursuant to s. 569.311, a complete and 292
accurate record of the amount of each nicotine product sold or 293
delivered to a wholesaler in this state and to whom each 294
nicotine product was sold on a wholesale basis, including the 295
business name, license number, shipping and business addresses, 296
e-mail address, and telephone number for the person or entity to 297
which each product was sold. Such records may be kept in an 298
electronic or paper format. 299
(2) Each retail nicotine products dea ler; wholesale 300
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nicotine products dealer; wholesale dealer, as defined in s. 301
210.01(6); and distributing agent, as defined in s. 210.01(14), 302
shall maintain and keep for a period of 3 years at its principal 303
place of business a complete and accurate record of the amount 304
of each nicotine product received, delivered, or sold in this 305
state and to whom each nicotine product was sold or delivered or 306
from whom they received each nicotine product, including the 307
business name, license number, shipping and business add resses, 308
e-mail address, and telephone number for the person or entity to 309
which each product was sold or delivered or from which each 310
product was received. Such records may be kept in an electronic 311
or paper format. 312
(3) Nicotine products manufacturers; ret ail nicotine 313
products dealers; wholesale nicotine products dealers; wholesale 314
dealers, as defined in s. 210.01(6); and distributing agents, as 315
defined in s. 210.01(14), who sell or deliver nicotine products 316
directly to consumers are not required to keep an d maintain the 317
name, address, e-mail address, and telephone number of consumers 318
who purchase or receive nicotine products. 319
(4) Upon request by the division, a nicotine products 320
manufacturer, including a nicotine products manufacturer selling 321
nicotine products directly to consumers; a retail nicotine 322
products dealer; a wholesale nicotine products dealer; a 323
wholesale dealer, as defined in s. 210.01(6); and a distributing 324
agent, as defined in s. 210.01(14), shall timely provide to the 325
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division or its duly au thorized representative copies of records 326
related to the nicotine products received, delivered, or sold in 327
this state and to whom those nicotine products were sold or 328
delivered or from whom they were received. 329
(5) The division, or a designated employee t hereof, may 330
examine the records required to be maintained by each nicotine 331
products manufacturer, retail nicotine products dealer, 332
wholesale nicotine products dealer, wholesale dealer, as defined 333
in s. 210.01(6), and distributing agent, as defined in s. 334
210.01(14); issue subpoenas to such persons or entities; 335
administer oaths; and take depositions of witnesses within or 336
outside of this state. The civil law of this state regarding 337
enforcing obedience to a subpoena lawfully issued by a judge or 338
other person duly authorized to issue subpoenas under the laws 339
of this state in civil cases applies to a subpoena issued by the 340
division, or any designated employee thereof. The subpoena may 341
be enforced by writ of attachment issued by the division, or any 342
designated employee, for such witness to compel him or her to 343
attend before the division, or any designated employee, and give 344
his or her testimony and to bring and produce such records as 345
may be required for examination. The division, or any designated 346
employee, may bring an action against a witness who refuses to 347
appear or give testimony by citation before the circuit court 348
which shall punish such witness for contempt as in cases of 349
refusal to obey the orders and process of the circuit court. The 350
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division may in such c ases pay such attendance and mileage fees 351
as are permitted to be paid to witnesses in civil cases 352
appearing before the circuit court. 353
(6) The division may assess an administrative fine of up 354
to $1,000 for each violation of this section. The division shal l 355
deposit all fines collected into the General Revenue Fund. An 356
order imposing an administrative fine becomes effective 15 days 357
after the date of the order. 358
Section 4. Section 569.313, Florida Statutes, is created 359
to read: 360
569.313 Shipment of unregis tered nicotine products into 361
this state.— 362
(1) A nicotine products manufacturer may not sell, ship, 363
or otherwise distribute a nicotine product in this state for 364
which: 365
(a) The FDA has entered an order requiring the nicotine 366
products manufacturer to remo ve the product from the market 367
either temporarily or permanently, which order has not been 368
stayed by the FDA or a court of competent jurisdiction; 369
(b) The nicotine products manufacturer has not submitted a 370
premarket tobacco product application; or 371
(c) The nicotine products manufacturer has not submitted 372
the certification required under this chapter for the nicotine 373
product. 374
(2) Any person who knowingly ships or receives nicotine 375
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products in violation of this section commits a misdemeanor of 376
the first degree, punishable as provided in s. 775.082 or s. 377
775.083. 378
(3) The division may also assess an administrative fine of 379
up to $5,000 for each violation. The division shall deposit all 380
fines collected into the General Revenue Fund. An order imposing 381
an administrative fine becomes effective 15 days after the date 382
of the order. 383
Section 5. Section 569.316, Florida Statutes, is created 384
to read: 385
569.316 Wholesale nicotine products dealer permits; 386
application; qualifications; renewal; duplicates. — 387
(1)(a) Each person, firm, association, or corporation that 388
seeks to deal, at wholesale, in nicotine products within this 389
state, or to sell nicotine products or nicotine dispensing 390
devices to any retail nicotine products dealer, must obtain a 391
wholesale nicotine pr oducts dealer permit for each place of 392
business or premises at which nicotine products are sold. 393
(b) Application for a wholesale nicotine products dealer 394
permit must be made on a form furnished by the division and must 395
set forth the name under which the applicant transacts or 396
intends to transact business, the address of the location of the 397
applicant's place of business, the applicant's e -mail address, 398
and any other information the division requires. If the 399
applicant has or intends to have more than one pl ace of business 400
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dealing in nicotine products, a separate application must be 401
made for each place of business. If the applicant is a firm or 402
an association, the application must set forth the names, e -mail 403
addresses, and addresses of the persons constitutin g the firm or 404
association. If the applicant is a corporation, the application 405
must set forth the names, e -mail addresses, and addresses of the 406
principal officers of the corporation. The application must also 407
set forth any other information prescribed by th e division for 408
the purpose of identifying the applicant firm, association, or 409
corporation. The application must be signed and verified by oath 410
or affirmation by the owner, if a sole proprietor; or, if the 411
owner is a firm, association, or partnership, by th e members or 412
partners thereof; or, if the owner is a corporation, by an 413
executive officer of the corporation or by a person authorized 414
by the corporation to sign the application, together with the 415
written evidence of this authority. 416
(2)(a) Wholesale nico tine products dealer permits may be 417
issued only to persons who are 21 years of age or older or to 418
corporations the officers of which are 21 years of age or older. 419
(b) The division may refuse to issue a wholesale nicotine 420
products dealer permit to any per son, firm, association, or 421
corporation whose permit has been revoked; to any corporation an 422
officer of which has had such permit revoked; or to any person 423
who is or has been an officer of a corporation whose permit has 424
been revoked. The division must revok e any wholesale nicotine 425
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products dealer permit issued to a firm, an association, or a 426
corporation prohibited from obtaining such permit under this 427
chapter. 428
(3) Upon approval of an application for a wholesale 429
nicotine products dealer permit, the division shall issue to the 430
applicant a wholesale nicotine products dealer permit for the 431
place of business or premises specified in the application. A 432
wholesale nicotine products dealer permit is not assignable and 433
is valid only for the person in whose name the w holesale 434
nicotine products dealer permit is issued and for the place 435
designated in the wholesale nicotine products dealer permit. The 436
wholesale nicotine products dealer permit must be conspicuously 437
displayed at all times at the place for which it is issued . 438
(4) A wholesale dealer, as defined in s. 210.01(6), or a 439
distributing agent, as defined in s. 210.01(14), is not required 440
to have a separate or additional wholesale nicotine products 441
dealer permit to deal, at wholesale, in nicotine products within 442
this state. A wholesale dealer, as defined in s. 210.01(6), a 443
distributing agent, as defined in s. 210.01(14), or a tobacco 444
products distributor, as defined in s. 210.25(5), which deals, 445
at wholesale, in nicotine products is subject to, and must be in 446
compliance with, this chapter. 447
Section 6. Section 569.317, Florida Statutes, is created 448
to read: 449
569.317 Wholesale nicotine products dealer permitholder; 450
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administrative penalties. —A wholesale nicotine products dealer 451
permitholder may only purchase and sell nicotine products 452
contained on the directory created by the division pursuant to 453
s. 569.311. The division may suspend or revoke the wholesale 454
nicotine products dealer permit of a wholesale nicotine products 455
dealer permitholder upon sufficient cause appeari ng of a 456
violation of this part by a wholesale nicotine products dealer 457
permitholder or its agent or employee. The division may also 458
assess an administrative fine of up to $5,000 for each 459
violation. The division shall deposit all fines collected into 460
the General Revenue Fund. An order imposing an administrative 461
fine becomes effective 15 days after the date of the order. The 462
division may suspend the imposition of a penalty against a 463
wholesale nicotine products dealer permitholder, conditioned 464
upon compliance with terms the division considers appropriate. 465
Section 7. Section 569.32, Florida Statutes, is amended to 466
read: 467
569.32 Retail nicotine products dealer permits; 468
application; qualifications; renewal; duplicates. — 469
(1)(a) Each person, firm, association , or corporation that 470
seeks to deal, at retail, in nicotine products within this the 471
state, or to allow a nicotine products vending machine to be 472
located on its premises in this the state, must obtain a retail 473
nicotine products dealer permit for each place of business or 474
premises at which nicotine products are sold. Each dealer 475
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owning, leasing, furnishing, or operating vending machines 476
through which nicotine products are sold must obtain a permit 477
for each machine and shall post the permit in a conspicuous 478
place on or near the machine; however, if the dealer has more 479
than one vending machine at a single location or if nicotine 480
products are sold both over the counter and through a vending 481
machine at a single location, the dealer need obtain only one 482
permit for that location. 483
(b) Application for a permit must be made on a form 484
furnished by the division and must set forth the name under 485
which the applicant transacts or intends to transact business, 486
the address of the location of the applicant's place of busines s 487
within this the state, and any other information the division 488
requires. If the applicant has or intends to have more than one 489
place of business dealing in nicotine products within this the 490
state, a separate application must be made for each place of 491
business. If the applicant is a firm or an association, the 492
application must set forth the names and addresses of the 493
persons constituting the firm or association; if the applicant 494
is a corporation, the application must set forth the names and 495
addresses of the principal officers of the corporation. The 496
application must also set forth any other information prescribed 497
by the division for the purpose of identifying the applicant 498
firm, association, or corporation. The application must be 499
signed and verified by oath or affirmation by the owner, if a 500
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sole proprietor; or, if the owner is a firm, association, or 501
partnership, by the members or partners thereof; or, if the 502
owner is a corporation, by an executive officer of the 503
corporation or by a person authorized by the corporation to sign 504
the application, together with the written evidence of this 505
authority. 506
(c) Permits must be issued annually. 507
(d) The holder of a permit may renew the permit each year. 508
A dealer that does not timely renew its permit must pay a late 509
fee of $5 for each month or portion of a month occurring after 510
expiration, and before renewal, of the dealer's permit. The 511
division shall establish by rule a renewal procedure that, to 512
the greatest extent feasible, combines the application and 513
permitting procedure for permits with the application and 514
licensing system for alcoholic beverages. 515
(e) The division may not grant an exemption from the 516
permit fees prescribed in this subsection for any applicant. 517
(2)(a) Permits may be issued only to persons who are 21 518
years of age or older or to corporations the officers of which 519
are 21 years of age or older. 520
(b) The division may refuse to issue a permit to any 521
person, firm, association, or corporation the permit of which 522
has been revoked; to any corporation an of ficer of which has had 523
his or her permit revoked; or to any person who is or has been 524
an officer of a corporation the permit of which has been 525
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revoked. Any permit issued to a firm, an association, or a 526
corporation prohibited from obtaining a permit under t his 527
chapter must shall be revoked by the division. 528
(3) Upon approval of an application for a permit, the 529
division shall issue to the applicant a permit for the place of 530
business or premises specified in the application. A permit is 531
not assignable and is valid only for the person in whose name 532
the permit is issued and for the place designated in the permit. 533
The permit must shall be conspicuously displayed at all times at 534
the place for which issued. 535
Section 8. Section 569.33, Florida Statutes, is amended to 536
read: 537
569.33 Consent to inspection and search without warrant. —538
An applicant for a retail nicotine products dealer permit or a 539
wholesale nicotine products dealer permit , by accepting the 540
permit when issued, agrees that the place or premises cov ered by 541
the permit is subject to inspection and search without a search 542
warrant by the division or its authorized assistants, and by 543
sheriffs, deputy sheriffs, or police officers, to determine 544
compliance with this part. 545
Section 9. Section 569.34, Flori da Statutes, is amended to 546
read: 547
569.34 Operating without a retail nicotine products dealer 548
permit; penalty.— 549
(1) It is unlawful for a person, a firm, an association, 550
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or a corporation to deal, at retail, in nicotine products, in 551
any manner, or to allow a nicotine products vending machine to 552
be located on its premises, without having a retail nicotine 553
product dealer permit as required by s. 569.32. A person who 554
violates this subsection section commits a noncriminal 555
violation, punishable by a fine of not more than $500. 556
(2) A retail tobacco products dealer, as defined in s. 557
569.002(4), is not required to have a separate or additional 558
retail nicotine products dealer permit to deal, at retail, in 559
nicotine products within this the state, or allow a nicotine 560
products vending machine to be located on its premises in this 561
the state. Any retail tobacco products dealer that deals, at 562
retail, in nicotine products or allows a nicotine products 563
vending machine to be located on its premises in this the state, 564
is subject to, and must be in compliance with, this part. 565
(3) Any person who violates subsection (1) must this 566
section shall be cited for such infraction and must shall be 567
cited to appear before the county court. The citation may 568
indicate the time, date, and lo cation of the scheduled hearing 569
and must indicate that the penalty for a noncriminal violation 570
is a fine of not more than $500. 571
(a) A person cited for a violation of subsection (1) for 572
an infraction under this section may: 573
1. Post a $500 bond; or 574
2. Sign and accept the citation indicating a promise to 575
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appear. 576
(b) A person cited for violating this section may: 577
1. Pay the fine, either by mail or in person, within 10 578
days after receiving the citation; or 579
2. If the person has posted bond, forfeit th e bond by not 580
appearing at the scheduled hearing. 581
(c) If the person pays the fine or forfeits bond, the 582
person is deemed to have admitted violating this section and to 583
have waived the right to a hearing on the issue of commission of 584
the violation. Such a dmission may not be used as evidence in any 585
other proceeding. 586
(d) The court, after a hearing, shall make a determination 587
as to whether an infraction has been committed. If the 588
commission of an infraction has been proven beyond a reasonable 589
doubt, the court may impose a civil penalty in an amount that 590
may not exceed $500. 591
(e) If a person is found by the court to have committed 592
the infraction, that person may appeal that finding to the 593
circuit court. 594
(4) On or after March 1, 2025, it is unlawful for a 595
person, a firm, an association, or a corporation to deal, at 596
retail, in nicotine products that are not listed on the 597
directory created pursuant to s. 569.311. Any person who 598
knowingly ships or receives nicotine products in violation of 599
this section commits a misdemeanor of the second degree, 600
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punishable as provided in s. 775.082 or s. 775.083. 601
(5) On or after January 1, 2025, it is unlawful for a 602
retail nicotine products dealer, other than a nicotine products 603
manufacturer that also is permitted as a retail nicotine 604
products dealer and is selling its own products directly to 605
consumers, to buy nicotine products from a wholesaler, 606
manufacturer, or other source that is not a wholesale nicotine 607
products dealer permitholder, a wholesale dealer, as defined in 608
s. 210.01(6), a distributing agent, as defined in s. 210.01(14), 609
or a tobacco products distributor, as defined in s. 210.25(5). 610
Any person who knowingly ships or receives nicotine products in 611
violation of this section commits a misdemeanor of the second 612
degree, punishable as provided in s. 775.082 or s. 775.083. 613
(6) The division may suspend or revoke the permit of a 614
retail nicotine products dealer permitholder, upon sufficient 615
cause appearing of a violation of this part by a retail nicotine 616
products dealer permitholder, or its agent or employee. The 617
division may also assess an administrative fine of up to $1,000 618
for each violation. The division shall deposit all fines 619
collected into the General Revenue Fund. An order imposing an 620
administrative fine becomes e ffective 15 days after the date of 621
the order. 622
Section 10. Section 569.345, Florida Statutes, is created 623
to read: 624
569.345 Seizure and destruction of contraband nicotine 625
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products.—All nicotine products sold, delivered, possessed, or 626
distributed contrary to any provisions of this chapter are 627
declared to be contraband, are subject to seizure and 628
confiscation under the Florida Contraband Forfeiture Act by any 629
person whose duty it is to enforce the provisions of this 630
chapter, and must be disposed of as foll ows: 631
(1) A court having jurisdiction shall order such nicotine 632
products forfeited and destroyed. A record of the place where 633
such nicotine products and any accompanying nicotine dispensing 634
devices were seized, the kinds and quantities of nicotine 635
products and accompanying nicotine dispensing devices destroyed, 636
and the time, place, and manner of destruction must be kept, and 637
a return under oath reporting the destruction must be made to 638
the court by the officer who destroys them. 639
(2) The division shall ke ep a full and complete record of 640
all nicotine products and nicotine dispensing devices showing: 641
(a) The exact kinds, quantities, and forms of such 642
nicotine products or nicotine dispensing devices; 643
(b) The persons from whom they were received and to who m 644
they were delivered; 645
(c) By whose authority they were received, delivered, and 646
destroyed; and 647
(d) The dates of the receipt, disposal, or destruction, 648
which record must be open to inspection by all persons charged 649
with the enforcement of tobacco and n icotine product laws. 650
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(3) The cost of seizure, confiscation, and destruction of 651
contraband nicotine products is borne by the person from whom 652
such products are seized. 653
Section 11. Subsections (3) and (4) of section 569.002, 654
Florida Statutes, are amen ded to read: 655
569.002 Definitions. —As used in this part, the term: 656
(3) "Nicotine product" has the same meaning as provided in 657
s. 569.31 s. 569.31(4). 658
(4) "Nicotine dispensing device" has the same meaning as 659
provided in s. 569.31 s. 569.31(3). 660
Section 12. This act shall take effect October 1, 2024. 661