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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
distribution 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 appropriation; providing an 89
effective date. 90
91
Be It Enacted by the Legislature of the State of Florida: 92
93
Section 1. Section 569.31, Florida Statutes, is reordered 94
and amended to read: 95
569.31 Definitions. —As used in this part, the term: 96
(2)(1) "Dealer" is synonymous with the term "retail 97
nicotine products deale r." 98
(3)(2) "Division" means the Division of Alcoholic 99
Beverages and Tobacco of the Department of Business and 100
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Professional Regulation. 101
(4) "FDA" means the United States Food and Drug 102
Administration. 103
(5)(3) "Nicotine dispensing device" means any produ ct that 104
employs an electronic, chemical, or mechanical means to produce 105
vapor or aerosol from a nicotine product, including, but not 106
limited to, an electronic cigarette, electronic cigar, 107
electronic cigarillo, electronic pipe, or other similar device 108
or product, any replacement cartridge for such device, and any 109
other container of nicotine in a solution or other form intended 110
to be used with or within an electronic cigarette, electronic 111
cigar, electronic cigarillo, electronic pipe, or other similar 112
device or product. 113
(6)(4) "Nicotine product" means any product that contains 114
nicotine, including liquid nicotine, which is intended for human 115
consumption, whether inhaled, chewed, absorbed, dissolved, or 116
ingested by any means. The term also includes any nicotine 117
dispensing device. For purposes of this definition, each 118
individual stock keeping unit is considered a separate nicotine 119
product. The term does not include a: 120
(a) Tobacco product, as defined in s. 569.002; 121
(b) Product regulated as a drug or device by the United 122
States Food and Drug Administration under Chapter V of the 123
Federal Food, Drug, and Cosmetic Act; or 124
(c) Product that contains incidental nicotine. 125
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(7) "Nicotine products manufacturer" means any person that 126
manufactures nicotine products. 127
(8)(5) "Permit" is synonymous with the term "retail 128
nicotine products dealer permit." 129
(9)(6) "Retail nicotine products dealer" means the holder 130
of a retail nicotine products dealer permit. 131
(10)(7) "Retail nicotine products dealer permit" means a 132
permit issued by the division under s. 569.32. 133
(11)(8) "Self-service merchandising" means the open 134
display of nicotine products, whether packaged or otherwise, for 135
direct retail customer access and handl ing before purchase 136
without the intervention or assistance of the dealer or the 137
dealer's owner, employee, or agent. An open display of such 138
products and devices includes the use of an open display unit. 139
(12) "Wholesale nicotine products dealer" means the holder 140
of a wholesale nicotine products dealer permit who purchases 141
nicotine dispensing devices or nicotine products from any 142
nicotine products manufacturer. 143
(13) "Wholesale nicotine products dealer permit" means a 144
permit issued by the division under s. 569.316. 145
(1)(9) "Any person under the age of 21" does not include 146
any person under the age of 21 who: 147
(a) Is in the military reserve or on active duty in the 148
Armed Forces of the United States; or 149
(b) Is acting in his or her scope of lawful employmen t. 150
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Section 2. Section 569.311, Florida Statutes, is created 151
to read: 152
569.311 Nicotine product directory. — 153
(1) Every nicotine products manufacturer that sells 154
nicotine products in this state shall execute and deliver a 155
form, prescribed by the divisi on, under penalty of perjury for 156
each nicotine product sold that meets either of the following 157
criteria: 158
(a) A nicotine product which contains nicotine derived 159
from a tobacco source and was on the market in the United States 160
as of August 8, 2016, and the manufacturer has applied for a 161
marketing order pursuant to 21 U.S.C. s. 387j for the nicotine 162
product by submitting a premarket tobacco product application on 163
or before September 9, 2020, to the FDA, or the nicotine product 164
contains nicotine derived from a non-tobacco source and was on 165
the market in the United States as of April 14, 2022, and the 166
manufacturer has applied for a marketing order pursuant to 21 167
U.S.C. s. 387j for the nicotine product containing nicotine 168
derived from a non-tobacco source by sub mitting a premarket 169
tobacco product application on or before May 14, 2022, and: 170
1. The premarket tobacco product application for the 171
nicotine product remains under review by the FDA, and neither a 172
marketing authorization nor a marketing denial order has been 173
issued; or 174
2. The FDA issued a marketing denial order for the 175
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nicotine product, but the FDA or a federal court issued a stay 176
or an injunction during the pendency of the manufacturer's 177
appeal of the marketing denial order or either the order has 178
been appealed to the FDA or a challenge to the order has been 179
filed with a federal court and the appeal or challenge is still 180
pending. 181
(b) The nicotine products manufacturer has received a 182
marketing authorization or other authorization under 21 U.S.C. 183
s. 387j for the nicotine product from the FDA. 184
(2) The form prescribed by the division pursuant to 185
subsection (1) must require each nicotine products manufacturer 186
to set forth the name under which the nicotine products 187
manufacturer transacts or intends to tran sact business, the 188
address of the location of the nicotine products manufacturer's 189
principal place of business, the nicotine products 190
manufacturer's e-mail address, and any other information the 191
division requires. The division may allow a nicotine products 192
manufacturer to group its nicotine products on its 193
certification. 194
(3) In addition to completing the form prescribed by the 195
division pursuant to subsection (1), each nicotine products 196
manufacturer shall provide a copy of the cover page of the 197
premarket tobacco application with evidence of the receipt of 198
the application by the FDA, or a copy of the cover page of the 199
marketing authorization or other authorization issued pursuant 200
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to 21 U.S.C. s. 387j, whichever is applicable. 201
(4) Any nicotine products manu facturer submitting a 202
certification pursuant to subsection (1) shall notify the 203
division within 30 days after any material change to the 204
certification, including, but not limited to, issuance by the 205
FDA of any of the following: 206
(a) A market authorization or authorization pursuant to 21 207
U.S.C. s. 387j; 208
(b) An order requiring a nicotine products manufacturer to 209
remove a product from the market either temporarily or 210
permanently; 211
(c) Any notice of action taken by the FDA affecting the 212
ability of the nicot ine product to be introduced or delivered in 213
this state for commercial distribution; 214
(d) Any change in policy which results in a nicotine 215
product no longer being exempt from federal enforcement 216
oversight; or 217
(e) Any other change deemed material by the division 218
pursuant to a rule of the division. 219
(5) The division shall develop and maintain a directory 220
listing all nicotine products manufacturers and the nicotine 221
products certified with the division which comply with this 222
section. The division shall make the directory available January 223
1, 2025, on its or the Department of Business and Professional 224
Regulation's website. The division shall update the directory as 225
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necessary. 226
(6) The division shall provide a nicotine products 227
manufacturer notice and an oppo rtunity to cure deficiencies 228
before removing the manufacturer or its nicotine product from 229
the directory. 230
(a) The division may not remove the nicotine products 231
manufacturer or its nicotine product from the directory until at 232
least 15 days after the nicot ine products manufacturer has been 233
given notice of an intended action. Notice is sufficient and 234
deemed immediately received by a nicotine products manufacturer 235
if the notice is sent either electronically or by facsimile to 236
an e-mail address or facsimile nu mber provided by the nicotine 237
products manufacturer in its most recent certification filed 238
under subsection (1). 239
(b) The nicotine products manufacturer has 15 days from 240
the date of service of the notice of the division's intended 241
action to establish that the nicotine products manufacturer or 242
its nicotine product should be included in the directory. 243
(c) A determination by the division not to include or to 244
remove from the directory a nicotine products manufacturer or 245
nicotine product is subject to review under chapter 120. If a 246
nicotine products manufacturer seeks review of removal from the 247
directory, the division must keep the nicotine product on the 248
directory until conclusion of the hearing. 249
(d) If a nicotine product is removed from the directory, 250
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each retailer and wholesaler has 21 days from the day such 251
product is removed from the directory to remove the product from 252
its inventory and return the product to the manufacturer. Each 253
nicotine products manufacturer shall provide to the division 254
information regarding the return of such product and how the 255
returned product was disposed of within 21 days after receipt. 256
After 21 days following removal from the directory, the product 257
identified in the notice of removal is contraband and subject to 258
s. 569.345. 259
(7) Beginning March 1, 2025, or on the date that the 260
division first makes the directory available for public 261
inspection on its or the Department of Business and Professional 262
Regulation's website, whichever is later, a nicotine products 263
manufacturer that offers for sale a nicotine product not listed 264
on the directory is subject to a fine of $1,000 per day for each 265
nicotine product offered for sale in violation of this section 266
until the offending product is removed from the market or until 267
the offending product is properly listed on the directory. 268
(8) A nicotine products manufacturer that falsely 269
represents any of the information required by subsection (1) or 270
subsection (2) commits a felony of the third degree for each 271
false representation, punishable as pro vided in s. 775.082 or s. 272
775.083. 273
(9) Each retail nicotine products dealer and wholesale 274
nicotine products dealer is subject to unannounced inspections 275
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or audit checks by the division for purposes of enforcing this 276
section. The division shall conduct un announced follow-up 277
compliance checks of all noncompliant retail nicotine products 278
dealers or wholesale nicotine products dealers within 30 days 279
after any violation of this section. The division shall publish 280
the results of all inspections or audits at lea st annually and 281
shall make the results available to the public on request. 282
(10) The division may establish by rule a procedure to 283
allow nicotine products manufacturers to renew certifications 284
without having to resubmit all the information required by thi s 285
section. 286
Section 3. Section 569.312, Florida Statutes, is created 287
to read: 288
569.312 Maintenance and inspection of nicotine product 289
records.— 290
(1) Each nicotine products manufacturer shall maintain and 291
keep for a period of 3 years, at the address li sted on the 292
certification required pursuant to s. 569.311, a complete and 293
accurate record of the amount of each nicotine product sold or 294
delivered to a wholesaler in this state and to whom each 295
nicotine product was sold on a wholesale basis, including the 296
business name, license number, shipping and business addresses, 297
e-mail address, and telephone number for the person or entity to 298
which each product was sold. Such records may be kept in an 299
electronic or paper format. 300
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(2) Each retail nicotine products dea ler; wholesale 301
nicotine products dealer; wholesale dealer, as defined in s. 302
210.01(6); and distributing agent, as defined in s. 210.01(14), 303
shall maintain and keep for a period of 3 years at its principal 304
place of business a complete and accurate record of the amount 305
of each nicotine product received, delivered, or sold in this 306
state and to whom each nicotine product was sold or delivered or 307
from whom they received each nicotine product, including the 308
business name, license number, shipping and business add resses, 309
e-mail address, and telephone number for the person or entity to 310
which each product was sold or delivered or from which each 311
product was received. Such records may be kept in an electronic 312
or paper format. 313
(3) Nicotine products manufacturers; ret ail nicotine 314
products dealers; wholesale nicotine products dealers; wholesale 315
dealers, as defined in s. 210.01(6); and distributing agents, as 316
defined in s. 210.01(14), who sell or deliver nicotine products 317
directly to consumers are not required to keep an d maintain the 318
name, address, e-mail address, and telephone number of consumers 319
who purchase or receive nicotine products. 320
(4) Upon request by the division, a nicotine products 321
manufacturer, including a nicotine products manufacturer selling 322
nicotine products directly to consumers; a retail nicotine 323
products dealer; a wholesale nicotine products dealer; a 324
wholesale dealer, as defined in s. 210.01(6); and a distributing 325
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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
agent, as defined in s. 210.01(14), shall timely provide to the 326
division or its duly au thorized representative copies of records 327
related to the nicotine products received, delivered, or sold in 328
this state and to whom those nicotine products were sold or 329
delivered or from whom they were received. 330
(5) The division, or a designated employee t hereof, may 331
examine the records required to be maintained by each nicotine 332
products manufacturer, retail nicotine products dealer, 333
wholesale nicotine products dealer, wholesale dealer, as defined 334
in s. 210.01(6), and distributing agent, as defined in s. 335
210.01(14); issue subpoenas to such persons or entities; 336
administer oaths; and take depositions of witnesses within or 337
outside of this state. The civil law of this state regarding 338
enforcing obedience to a subpoena lawfully issued by a judge or 339
other person duly authorized to issue subpoenas under the laws 340
of this state in civil cases applies to a subpoena issued by the 341
division, or any designated employee thereof. The subpoena may 342
be enforced by writ of attachment issued by the division, or any 343
designated employee, for such witness to compel him or her to 344
attend before the division, or any designated employee, and give 345
his or her testimony and to bring and produce such records as 346
may be required for examination. The division, or any designated 347
employee, may bring an action against a witness who refuses to 348
appear or give testimony by citation before the circuit court 349
which shall punish such witness for contempt as in cases of 350
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refusal to obey the orders and process of the circuit court. The 351
division may in such c ases pay such attendance and mileage fees 352
as are permitted to be paid to witnesses in civil cases 353
appearing before the circuit court. 354
(6) The division may assess an administrative fine of up 355
to $1,000 for each violation of this section. The division shal l 356
deposit all fines collected into the General Revenue Fund. An 357
order imposing an administrative fine becomes effective 15 days 358
after the date of the order. 359
Section 4. Section 569.313, Florida Statutes, is created 360
to read: 361
569.313 Shipment of unregis tered nicotine products into 362
this state.— 363
(1) A nicotine products manufacturer may not sell, ship, 364
or otherwise distribute a nicotine product in this state for 365
which: 366
(a) The FDA has entered an order requiring the nicotine 367
products manufacturer to remo ve the product from the market 368
either temporarily or permanently, which order has not been 369
stayed by the FDA or a court of competent jurisdiction; 370
(b) The nicotine products manufacturer has not submitted a 371
premarket tobacco product application; or 372
(c) The nicotine products manufacturer has not submitted 373
the certification required under this chapter for the nicotine 374
product. 375
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(2) Any person who knowingly ships or receives nicotine 376
products in violation of this section commits a misdemeanor of 377
the first degree, punishable as provided in s. 775.082 or s. 378
775.083. 379
(3) The division may also assess an administrative fine of 380
up to $5,000 for each violation. The division shall deposit all 381
fines collected into the General Revenue Fund. An order imposing 382
an administrative fine becomes effective 15 days after the date 383
of the order. 384
Section 5. Section 569.316, Florida Statutes, is created 385
to read: 386
569.316 Wholesale nicotine products dealer permits; 387
application; qualifications; renewal; duplicates. — 388
(1)(a) Each person, firm, association, or corporation that 389
seeks to deal, at wholesale, in nicotine products within this 390
state, or to sell nicotine products or nicotine dispensing 391
devices to any retail nicotine products dealer, must obtain a 392
wholesale nicotine pr oducts dealer permit for each place of 393
business or premises at which nicotine products are sold. 394
(b) Application for a wholesale nicotine products dealer 395
permit must be made on a form furnished by the division and must 396
set forth the name under which the applicant transacts or 397
intends to transact business, the address of the location of the 398
applicant's place of business, the applicant's e -mail address, 399
and any other information the division requires. If the 400
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applicant has or intends to have more than one pl ace of business 401
dealing in nicotine products, a separate application must be 402
made for each place of business. If the applicant is a firm or 403
an association, the application must set forth the names, e -mail 404
addresses, and addresses of the persons constitutin g the firm or 405
association. If the applicant is a corporation, the application 406
must set forth the names, e -mail addresses, and addresses of the 407
principal officers of the corporation. The application must also 408
set forth any other information prescribed by th e division for 409
the purpose of identifying the applicant firm, association, or 410
corporation. The application must be signed and verified by oath 411
or affirmation by the owner, if a sole proprietor; or, if the 412
owner is a firm, association, or partnership, by th e members or 413
partners thereof; or, if the owner is a corporation, by an 414
executive officer of the corporation or by a person authorized 415
by the corporation to sign the application, together with the 416
written evidence of this authority. 417
(2)(a) Wholesale nico tine products dealer permits may be 418
issued only to persons who are 21 years of age or older or to 419
corporations the officers of which are 21 years of age or older. 420
(b) The division may refuse to issue a wholesale nicotine 421
products dealer permit to any per son, firm, association, or 422
corporation whose permit has been revoked; to any corporation an 423
officer of which has had such permit revoked; or to any person 424
who is or has been an officer of a corporation whose permit has 425
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been revoked. The division must revok e any wholesale nicotine 426
products dealer permit issued to a firm, an association, or a 427
corporation prohibited from obtaining such permit under this 428
chapter. 429
(3) Upon approval of an application for a wholesale 430
nicotine products dealer permit, the division shall issue to the 431
applicant a wholesale nicotine products dealer permit for the 432
place of business or premises specified in the application. A 433
wholesale nicotine products dealer permit is not assignable and 434
is valid only for the person in whose name the w holesale 435
nicotine products dealer permit is issued and for the place 436
designated in the wholesale nicotine products dealer permit. The 437
wholesale nicotine products dealer permit must be conspicuously 438
displayed at all times at the place for which it is issued . 439
(4) A wholesale dealer, as defined in s. 210.01(6), or a 440
distributing agent, as defined in s. 210.01(14), is not required 441
to have a separate or additional wholesale nicotine products 442
dealer permit to deal, at wholesale, in nicotine products within 443
this state. A wholesale dealer, as defined in s. 210.01(6), a 444
distributing agent, as defined in s. 210.01(14), or a tobacco 445
products distributor, as defined in s. 210.25(5), which deals, 446
at wholesale, in nicotine products is subject to, and must be in 447
compliance with, this chapter. 448
Section 6. Section 569.317, Florida Statutes, is created 449
to read: 450
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569.317 Wholesale nicotine products dealer permitholder; 451
administrative penalties. —A wholesale nicotine products dealer 452
permitholder may only purchase and sell nicotine products 453
contained on the directory created by the division pursuant to 454
s. 569.311. The division may suspend or revoke the wholesale 455
nicotine products dealer permit of a wholesale nicotine products 456
dealer permitholder upon sufficient cause appeari ng of a 457
violation of this part by a wholesale nicotine products dealer 458
permitholder or its agent or employee. The division may also 459
assess an administrative fine of up to $5,000 for each 460
violation. The division shall deposit all fines collected into 461
the General Revenue Fund. An order imposing an administrative 462
fine becomes effective 15 days after the date of the order. The 463
division may suspend the imposition of a penalty against a 464
wholesale nicotine products dealer permitholder, conditioned 465
upon compliance with terms the division considers appropriate. 466
Section 7. Section 569.32, Florida Statutes, is amended to 467
read: 468
569.32 Retail nicotine products dealer permits; 469
application; qualifications; renewal; duplicates. — 470
(1)(a) Each person, firm, association , or corporation that 471
seeks to deal, at retail, in nicotine products within this the 472
state, or to allow a nicotine products vending machine to be 473
located on its premises in this the state, must obtain a retail 474
nicotine products dealer permit for each place of business or 475
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premises at which nicotine products are sold. Each dealer 476
owning, leasing, furnishing, or operating vending machines 477
through which nicotine products are sold must obtain a permit 478
for each machine and shall post the permit in a conspicuous 479
place on or near the machine; however, if the dealer has more 480
than one vending machine at a single location or if nicotine 481
products are sold both over the counter and through a vending 482
machine at a single location, the dealer need obtain only one 483
permit for that location. 484
(b) Application for a permit must be made on a form 485
furnished by the division and must set forth the name under 486
which the applicant transacts or intends to transact business, 487
the address of the location of the applicant's place of busines s 488
within this the state, and any other information the division 489
requires. If the applicant has or intends to have more than one 490
place of business dealing in nicotine products within this the 491
state, a separate application must be made for each place of 492
business. If the applicant is a firm or an association, the 493
application must set forth the names and addresses of the 494
persons constituting the firm or association; if the applicant 495
is a corporation, the application must set forth the names and 496
addresses of the principal officers of the corporation. The 497
application must also set forth any other information prescribed 498
by the division for the purpose of identifying the applicant 499
firm, association, or corporation. The application must be 500
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signed and verified by oath or affirmation by the owner, if a 501
sole proprietor; or, if the owner is a firm, association, or 502
partnership, by the members or partners thereof; or, if the 503
owner is a corporation, by an executive officer of the 504
corporation or by a person authorized by the corporation to sign 505
the application, together with the written evidence of this 506
authority. 507
(c) Permits must be issued annually. 508
(d) The holder of a permit may renew the permit each year. 509
A dealer that does not timely renew its permit must pay a late 510
fee of $5 for each month or portion of a month occurring after 511
expiration, and before renewal, of the dealer's permit. The 512
division shall establish by rule a renewal procedure that, to 513
the greatest extent feasible, combines the application and 514
permitting procedure for permits with the application and 515
licensing system for alcoholic beverages. 516
(e) The division may not grant an exemption from the 517
permit fees prescribed in this subsection for any applicant. 518
(2)(a) Permits may be issued only to persons who are 21 519
years of age or older or to corporations the officers of which 520
are 21 years of age or older. 521
(b) The division may refuse to issue a permit to any 522
person, firm, association, or corporation the permit of which 523
has been revoked; to any corporation an of ficer of which has had 524
his or her permit revoked; or to any person who is or has been 525
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an officer of a corporation the permit of which has been 526
revoked. Any permit issued to a firm, an association, or a 527
corporation prohibited from obtaining a permit under t his 528
chapter must shall be revoked by the division. 529
(3) Upon approval of an application for a permit, the 530
division shall issue to the applicant a permit for the place of 531
business or premises specified in the application. A permit is 532
not assignable and is valid only for the person in whose name 533
the permit is issued and for the place designated in the permit. 534
The permit must shall be conspicuously displayed at all times at 535
the place for which issued. 536
Section 8. Section 569.33, Florida Statutes, is amended to 537
read: 538
569.33 Consent to inspection and search without warrant. —539
An applicant for a retail nicotine products dealer permit or a 540
wholesale nicotine products dealer permit , by accepting the 541
permit when issued, agrees that the place or premises cov ered by 542
the permit is subject to inspection and search without a search 543
warrant by the division or its authorized assistants, and by 544
sheriffs, deputy sheriffs, or police officers, to determine 545
compliance with this part. 546
Section 9. Section 569.34, Flori da Statutes, is amended to 547
read: 548
569.34 Operating without a retail nicotine products dealer 549
permit; penalty.— 550
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(1) It is unlawful for a person, a firm, an association, 551
or a corporation to deal, at retail, in nicotine products, in 552
any manner, or to allow a nicotine products vending machine to 553
be located on its premises, without having a retail nicotine 554
product dealer permit as required by s. 569.32. A person who 555
violates this subsection section commits a noncriminal 556
violation, punishable by a fine of not more than $500. 557
(2) A retail tobacco products dealer, as defined in s. 558
569.002(4), is not required to have a separate or additional 559
retail nicotine products dealer permit to deal, at retail, in 560
nicotine products within this the state, or allow a nicotine 561
products vending machine to be located on its premises in this 562
the state. Any retail tobacco products dealer that deals, at 563
retail, in nicotine products or allows a nicotine products 564
vending machine to be located on its premises in this the state, 565
is subject to, and must be in compliance with, this part. 566
(3) Any person who violates subsection (1) must this 567
section shall be cited for such infraction and must shall be 568
cited to appear before the county court. The citation may 569
indicate the time, date, and lo cation of the scheduled hearing 570
and must indicate that the penalty for a noncriminal violation 571
is a fine of not more than $500. 572
(a) A person cited for a violation of subsection (1) for 573
an infraction under this section may: 574
1. Post a $500 bond; or 575
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2. Sign and accept the citation indicating a promise to 576
appear. 577
(b) A person cited for violating this section may: 578
1. Pay the fine, either by mail or in person, within 10 579
days after receiving the citation; or 580
2. If the person has posted bond, forfeit th e bond by not 581
appearing at the scheduled hearing. 582
(c) If the person pays the fine or forfeits bond, the 583
person is deemed to have admitted violating this section and to 584
have waived the right to a hearing on the issue of commission of 585
the violation. Such a dmission may not be used as evidence in any 586
other proceeding. 587
(d) The court, after a hearing, shall make a determination 588
as to whether an infraction has been committed. If the 589
commission of an infraction has been proven beyond a reasonable 590
doubt, the court may impose a civil penalty in an amount that 591
may not exceed $500. 592
(e) If a person is found by the court to have committed 593
the infraction, that person may appeal that finding to the 594
circuit court. 595
(4) On or after March 1, 2025, it is unlawful for a 596
person, a firm, an association, or a corporation to deal, at 597
retail, in nicotine products that are not listed on the 598
directory created pursuant to s. 569.311. Any person who 599
knowingly ships or receives nicotine products in violation of 600
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this section commits a misdemeanor of the second degree, 601
punishable as provided in s. 775.082 or s. 775.083. 602
(5) On or after January 1, 2025, it is unlawful for a 603
retail nicotine products dealer, other than a nicotine products 604
manufacturer that also is permitted as a retail nicotine 605
products dealer and is selling its own products directly to 606
consumers, to buy nicotine products from a wholesaler, 607
manufacturer, or other source that is not a wholesale nicotine 608
products dealer permitholder, a wholesale dealer, as defined in 609
s. 210.01(6), a distributing agent, as defined in s. 210.01(14), 610
or a tobacco products distributor, as defined in s. 210.25(5). 611
Any person who knowingly ships or receives nicotine products in 612
violation of this section commits a misdemeanor of the second 613
degree, punishable as provided in s. 775.082 or s. 775.083. 614
(6) The division may suspend or revoke the permit of a 615
retail nicotine products dealer permitholder, upon sufficient 616
cause appearing of a violation of this part by a retail nicotine 617
products dealer permitholder, or its agent or employee. The 618
division may also assess an administrative fine of up to $1,000 619
for each violation. The division shall deposit all fines 620
collected into the General Revenue Fund. An order imposing an 621
administrative fine becomes e ffective 15 days after the date of 622
the order. 623
Section 10. Section 569.345, Florida Statutes, is created 624
to read: 625
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569.345 Seizure and destruction of contraband nicotine 626
products.—All nicotine products sold, delivered, possessed, or 627
distributed contrary to any provisions of this chapter are 628
declared to be contraband, are subject to seizure and 629
confiscation under the Florida Contraband Forfeiture Act by any 630
person whose duty it is to enforce the provisions of this 631
chapter, and must be disposed of as foll ows: 632
(1) A court having jurisdiction shall order such nicotine 633
products forfeited and destroyed. A record of the place where 634
such nicotine products and any accompanying nicotine dispensing 635
devices were seized, the kinds and quantities of nicotine 636
products and accompanying nicotine dispensing devices destroyed, 637
and the time, place, and manner of destruction must be kept, and 638
a return under oath reporting the destruction must be made to 639
the court by the officer who destroys them. 640
(2) The division shall ke ep a full and complete record of 641
all nicotine products and nicotine dispensing devices showing: 642
(a) The exact kinds, quantities, and forms of such 643
nicotine products or nicotine dispensing devices; 644
(b) The persons from whom they were received and to who m 645
they were delivered; 646
(c) By whose authority they were received, delivered, and 647
destroyed; and 648
(d) The dates of the receipt, disposal, or destruction, 649
which record must be open to inspection by all persons charged 650
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with the enforcement of tobacco and n icotine product laws. 651
(3) The cost of seizure, confiscation, and destruction of 652
contraband nicotine products is borne by the person from whom 653
such products are seized. 654
Section 11. Subsections (3) and (4) of section 569.002, 655
Florida Statutes, are amen ded to read: 656
569.002 Definitions. —As used in this part, the term: 657
(3) "Nicotine product" has the same meaning as provided in 658
s. 569.31 s. 569.31(4). 659
(4) "Nicotine dispensing device" has the same meaning as 660
provided in s. 569.31 s. 569.31(3). 661
Section 12. For the 2024-2025 fiscal year, the sums of 662
$278,875 in recurring funds and $20,268 in nonrecurring funds 663
from the Alcoholic Beverage and Tobacco Trust Fund are 664
appropriated to the Department of Business and Professional 665
Regulation, and four full -time equivalent positions with 666
associated salary rate of 180,000 are authorized, for the 667
purpose of implementing this act. 668
Section 13. This act shall take effect October 1, 2024. 669