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A bill to be entitled 1
An act relating to nicotine products and dispensing 2
devices; reordering and amending s. 569.31, F.S.; 3
revising and defining terms for purposes of part II of 4
ch. 569, F.S.; creating s. 569.311, F.S.; requiring 5
nicotine product manufacturers who sell nicotin e 6
dispensing devices in this state to execute a form, 7
prescribed by the Division of Alcoholic Beverages and 8
Tobacco of the Department of Business and Professional 9
Regulation, under penalty of perjury, for each 10
nicotine dispensing device sold that meets cer tain 11
criteria; requiring the form to be delivered by the 12
manufacturer to the division; specifying requirements 13
for the form; requiring nicotine product manufacturers 14
to submit certain additional materials to the 15
division; requiring a nicotine product manuf acturer to 16
notify the division within a specified time of certain 17
events; requiring the division to develop and maintain 18
a directory listing all nicotine product manufacturers 19
who sell nicotine dispensing devices and nicotine 20
dispensing devices certified b y those manufacturers; 21
requiring the division to make such directory 22
available by a specified date on its website or on the 23
Department of Business and Professional Regulation's 24
website; requiring the division to establish a process 25
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to provide notice of the initial publication of the 26
directory and changes made to the directory in the 27
prior month; requiring the division to establish by 28
rule a process to provide a nicotine product 29
manufacturer notice and an opportunity to cure 30
deficiencies before removal of th e manufacturer or any 31
of the manufacturer's nicotine dispensing devices from 32
the directory; prohibiting the division from removing 33
the nicotine product manufacturer or any of the 34
manufacturer's nicotine dispensing devices from the 35
directory until a specifi ed time after notice has been 36
provided; providing a specified time within which a 37
nicotine product manufacturer has to establish that 38
the manufacturer or any of the manufacturer's nicotine 39
dispensing devices must be listed on the directory; 40
providing for administrative review of certain actions 41
by the division relating to the directory; providing a 42
specified time in which a nicotine dispensing device 43
removed from the directory must be sold or removed 44
from the dealer's inventory; providing penalties for 45
certain violations by nicotine product manufacturers; 46
subjecting retail and wholesale nicotine product 47
dealers to inspections or audits to ensure compliance; 48
requiring the division to publish results of such 49
inspections and audits and make the results availabl e 50
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to the public upon request; authorizing the division 51
to establish by rule certain procedures; authorizing 52
the division to take certain actions against nicotine 53
product manufacturers who fail to provide certain 54
documents or information; authorizing the di vision to 55
assess certain administrative fines; requiring the 56
division to deposit such fines into the General 57
Revenue Fund; creating s. 569.312, F.S.; requiring 58
certain manufacturers, dealers, and agents of nicotine 59
dispensing devices to keep certain record s for a 60
specified time; providing an exception; requiring such 61
manufacturers, dealers, and agents to provide records 62
to the division within a specified time; authorizing 63
the division to examine such records for specified 64
purposes; providing for enforcement ; authorizing the 65
division to assess administrative fines; requiring the 66
division to deposit such fines into the General 67
Revenue Fund; creating s. 569.313, F.S.; prohibiting a 68
nicotine product manufacturer from selling, shipping, 69
or distributing certain ni cotine dispensing devices 70
for retail sale to consumers in this state; providing 71
a criminal penalty; authorizing the division to assess 72
administrative fines; requiring the division to 73
deposit such fines into the General Revenue Fund; 74
creating s. 569.316, F. S.; requiring certain persons 75
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or entities to obtain a wholesale nicotine product 76
dealer permit for certain places of business or 77
premises; specifying requirements and limitations 78
relating to such permits; authorizing the division to 79
refuse to issue, and re quiring the division to revoke, 80
such permits in certain circumstances; providing that 81
a wholesale dealer or distributing agent is not 82
required to obtain a separate or additional wholesale 83
nicotine product dealer permit; creating s. 569.317, 84
F.S.; requiring wholesale nicotine product dealers to 85
purchase and sell for retail in this state only those 86
nicotine dispensing devices listed on the division's 87
directory; authorizing the division to suspend or 88
revoke a wholesale nicotine product dealer permit in 89
certain circumstances; authorizing the division to 90
assess administrative fines; requiring the division to 91
deposit such fines into the General Revenue Fund; 92
authorizing the division to suspend imposition of 93
administrative fines in certain circumstances; 94
amending s. 569.32, F.S.; requiring that retail 95
nicotine product dealer permits be issued and renewed 96
annually; requiring a retail nicotine product dealer 97
to pay a specified fee in certain circumstances; 98
requiring the division to establish by rule a permit 99
renewal procedure; prohibiting the division from 100
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exempting any retail nicotine product dealer from 101
certain fees; amending s. 569.33, F.S.; providing that 102
applicants for wholesale nicotine product dealer 103
permits must consent to certain inspections and 104
searches without a warrant; amending s. 569.34, F.S.; 105
prohibiting certain persons and entities from dealing, 106
at retail, in nicotine dispensing devices not listed 107
on the division's directory; prohibiting retail 108
nicotine product dealers from purchasing nicotine 109
dispensing devices from certain persons and entities; 110
providing criminal penalties; authorizing the division 111
to suspend or revoke a permit of retail nicotine 112
product dealer upon sufficient cause of a violation of 113
part II of ch. 569, F.S.; authorizing the division to 114
assess administrative fines; requiring the division to 115
deposit such fines into the General Revenue Fund; 116
creating s. 569.345, F.S.; providing for the seizure 117
and destruction of contraband nicotine dispensing 118
devices; requiring a court with jurisdiction to take 119
certain actions; requiring the division to keep 120
certain records; requiring that certain costs be borne 121
by certain persons; creating s. 569.346, F.S.; 122
requiring certain manufacturers of nicotine dispensing 123
devices to appoint an agent for service of pr ocess; 124
providing construction; requiring such manufacturers 125
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to provide certain notice within a specified time; 126
appointing the Secretary of State as the agent for 127
certain manufacturers; providing that such appointment 128
does not satisfy a certain requirement; amending ss. 129
569.002 and 569.35, F.S.; conforming provisions and 130
cross-references to changes made by the act; providing 131
appropriations and authorizing positions; providing an 132
effective date. 133
134
Be It Enacted by the Legislature of the State of Florida: 135
136
Section 1. Section 569.31, Florida Statutes, is amended to 137
read: 138
569.31 Definitions. —As used in this part, the term: 139
(1)(9) "Any person under the age of 21" does not include 140
any person under the age of 21 who: 141
(a) Is in the military reserve or on active duty in the 142
Armed Forces of the United States; or 143
(b) Is acting in his or her scope of lawful employment. 144
(2)(1) "Dealer" is synonymous with the term "retail 145
nicotine product products dealer." 146
(3)(2) "Division" means the Division of Alcohol ic 147
Beverages and Tobacco of the Department of Business and 148
Professional Regulation. 149
(4) "FDA" means the United States Food and Drug 150
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Administration. 151
(5)(3) "Nicotine dispensing device" means any product that 152
employs an electronic, chemical, or mechanica l means to produce 153
vapor or aerosol from a nicotine product, including, but not 154
limited to, an electronic cigarette, electronic cigar, 155
electronic cigarillo, electronic pipe, or other similar device 156
or product, any replacement cartridge for such device, and any 157
other container of nicotine in a solution or other form intended 158
to be used with or within an electronic cigarette, electronic 159
cigar, electronic cigarillo, electronic pipe, or other similar 160
device or product. For purposes of this subsection, each 161
individual stock keeping unit is considered a separate nicotine 162
product. 163
(6)(4) "Nicotine product" means any product that contains 164
nicotine, including liquid nicotine, which is intended for human 165
consumption, whether inhaled, chewed, absorbed, dissolved, or 166
ingested by any means. The term also includes any nicotine 167
dispensing device. The term does not include a: 168
(a) Tobacco product, as defined in s. 569.002; 169
(b) Product regulated as a drug or device by the United 170
States Food and Drug Administration under Chapter V of the 171
Federal Food, Drug, and Cosmetic Act; or 172
(c) Product that contains incidental nicotine. 173
(7) "Nicotine product manufacturer" means any person that 174
manufactures nicotine products. 175
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(8)(5) "Permit" is synonymous with the term "retail 176
nicotine product products dealer permit." 177
(9)(6) "Retail nicotine product products dealer" means the 178
holder of a retail nicotine product products dealer permit. 179
(10)(7) "Retail nicotine product products dealer permit" 180
means a permit issued by the division under s. 569.32. 181
(11)(8) "Self-service merchandising" means the open 182
display of nicotine products, whether packaged or otherwise, for 183
direct retail customer access and handling before purchase 184
without the intervention or assistance of the dealer or the 185
dealer's owner, employee, or agent. An open display of such 186
products and devices includes the use of an open display unit. 187
(12) "Sell" or "sale" means any sale, transfer, exchange, 188
barter, gift, or offer for sale and distribution in any manner 189
or by any means whatsoever. 190
(13) "Timely filed premarket tobacco product application" 191
means either: 192
(a) An application under 21 U.S.C. s. 387j for a nicotine 193
dispensing device containing or using nicotine derived from 194
tobacco marketed in the United States as of August 8, 2016, 195
which was submitted to the FDA on or before September 9, 2020, 196
and accepted for filing; or 197
(b) An application under 21 U.S.C. s. 387j for a nicotine 198
dispensing device containing or using n icotine derived from a 199
nontobacco source that is not a single -use or disposable 200
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electronic cigarette, an electronic cigar, an electronic 201
cigarillo, an electronic pipe, or any other similar device and 202
that does not use a sealed, prefilled, and disposable ca rtridge 203
of nicotine in a solution. 204
(14) "Wholesale nicotine product dealer" means the holder 205
of a wholesale nicotine product dealer permit who purchases 206
nicotine dispensing devices or nicotine products from any 207
nicotine product manufacturer. 208
(15) "Wholesale nicotine product dealer permit" means a 209
permit issued by the division under s. 569.316. 210
Section 2. Section 569.311, Florida Statutes, is created 211
to read: 212
569.311 Nicotine dispensing device directory. — 213
(1) By December 1, 2024, and annually the reafter, any 214
nicotine product manufacturer who sells nicotine dispensing 215
devices to a person for retail sale in this state shall execute 216
a form, prescribed by the division, under penalty of perjury, 217
for each such nicotine dispensing device sold that meets either 218
of the following criteria: 219
(a) The nicotine product manufacturer has submitted a 220
timely filed premarket tobacco product application for the 221
nicotine dispensing device under 21 U.S.C. s. 387j and remains 222
stayed by a court order, or the nicotine pro duct manufacturer 223
has filed a timely request for supervisory review with the FDA 224
which remains under review, or the order has been rescinded by 225
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the FDA or vacated by a court; or 226
(b) The nicotine product manufacturer has received a 227
granted marketing order under 21 U.S.C. s. 387j for the nicotine 228
dispensing device from the FDA. 229
230
The form shall be delivered by the nicotine product manufacturer 231
to the division. 232
(2) The form prescribed by the division pursuant to 233
subsection (1) must require each nicotine pro duct manufacturer 234
to set forth the name under which the nicotine product 235
manufacturer transacts or intends to transact business; the 236
address of the location of the nicotine product manufacturer's 237
principal place of business; the nicotine product manufactur er's 238
e-mail address; and the brand name of the nicotine dispensing 239
device, the device's category, such as e -liquid, power unit, 240
device, e-liquid cartridge, e-liquid pod, or disposable, the 241
device's name, and any flavor used with the device that is sold 242
in this state. The division may allow a nicotine product 243
manufacturer to group its nicotine dispensing devices on its 244
certification. 245
(3) In addition to completing the form prescribed by the 246
division pursuant to subsection (1), each nicotine product 247
manufacturer shall provide to the division a copy of the cover 248
page of the granted marketing order issued by the FDA under 21 249
U.S.C. s. 387j for each nicotine dispensing device; a copy of 250
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the acceptance letter issued by the FDA under 21 U.S.C. s. 387j 251
for a timely filed premarket tobacco product application for 252
each nicotine dispensing device; or a document issued by the FDA 253
or by a court confirming that the premarket tobacco product 254
application has been received and denied, but the granted 255
marketing order is not yet in effect for each nicotine 256
dispensing device. 257
(4) Any nicotine product manufacturer who submits a 258
certification pursuant to s ubsection (1) shall notify the 259
division within 30 days after any material change to the 260
certification, including, but not limited to, issuance by the 261
FDA of any of the following: 262
(a) A denial of a market authorization or authorization 263
under 21 U.S.C. s. 387j; 264
(b) An order requiring a nicotine product manufacturer to 265
remove a nicotine dispensing device or nicotine product from the 266
market either temporarily or permanently; 267
(c) Any notice of action taken by the FDA affecting the 268
ability of the nicotine d ispensing device to be introduced or 269
delivered in this state for commercial distribution; 270
(d) Any change in policy which results in a nicotine 271
dispensing device becoming an FDA enforcement priority; or 272
(e) Any other change deemed material by the divisi on 273
pursuant to a rule of the division. 274
(5) The division shall develop and maintain a directory 275
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listing all nicotine product manufacturers who sell nicotine 276
dispensing devices in this state and the nicotine dispensing 277
devices certified by those manufactur ers with the division which 278
complies with this section. The division shall make the 279
directory available on January 1, 2025, on its website or on the 280
Department of Business and Professional Regulation's website. 281
The division shall update the directory as ne cessary. The 282
division shall establish a process to provide retail nicotine 283
product dealers; wholesale nicotine product dealers; and 284
distributing agents, as defined in s. 210.01(14) notice of the 285
initial publication of the directory and changes made to the 286
directory in the prior month. 287
(6) The division shall establish by rule a process to 288
provide a nicotine product manufacturer notice and an 289
opportunity to cure deficiencies before removing the nicotine 290
product manufacturer or any of the manufacturer's nico tine 291
dispensing devices from the directory. 292
(a) The division may not remove the nicotine product 293
manufacturer or any of the manufacturer's nicotine dispensing 294
devices from the directory until at least 30 days after the 295
nicotine product manufacturer has been provided notice of an 296
intended action. Notice is sufficient and deemed immediately 297
received by a nicotine product manufacturer if the notice is 298
sent either electronically or by facsimile to an e -mail address 299
or facsimile number provided by the nicotine product 300
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manufacturer in the most recent cert ification filed under 301
subsection (1). 302
(b) The nicotine product manufacturer has 15 days after 303
the date of service of the notice of the division's intended 304
action to establish that the nicotine product manufacturer or 305
any of the manufacturer's nicotine di spensing devices must be 306
listed on the directory. 307
(c) A determination by the division not to include a 308
nicotine product manufacturer or any of the manufacturer's 309
nicotine dispensing devices on, or to remove such manufacturer 310
or any of such manufacturer's devices from, the directory is 311
subject to review under chapter 120. If a nicotine product 312
manufacturer seeks review, the division must keep the nicotine 313
product manufacturer or the manufacturer's nicotine dispensing 314
device listed on the directory until en try of a final order. 315
(d) If a nicotine dispensing device is removed from the 316
directory, each retail nicotine product dealer and each 317
wholesale nicotine product dealer holding nicotine dispensing 318
devices for sale to consumers in this state has 30 days af ter 319
the date such device is removed from the directory to sell the 320
device or remove the device from the dealer's inventory. Thirty 321
days after removal of the device from the directory, the device 322
identified in the notice of removal is contraband and subject to 323
s. 569.345. 324
(7)(a) Except as provided in paragraphs (b) and (c), 325
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beginning March 1, 2025, or on the date that the division or the 326
Department of Business and Professional Regulation first makes 327
the directory publicly available on its website, whicheve r is 328
later, a nicotine product manufacturer who offers for sale to 329
consumers in this state a nicotine dispensing device not listed 330
on the directory is subject to a fine of $1,000 per day for each 331
individual nicotine dispensing device offered for sale in 332
violation of this section until the offending device is removed 333
from the market or until the offending device is properly listed 334
on the directory. 335
(b) Each retail nicotine product dealer has 60 days after 336
the date that the division or the Department of Bus iness and 337
Professional Regulation first makes the directory publicly 338
available on its website to either sell the nicotine dispensing 339
devices in the dealer's inventory but not listed on the 340
directory or remove the devices from the dealer's inventory. 341
(c) Each wholesale nicotine product dealer or distributing 342
agent, as defined in s. 210.01(14), has 60 days after the date 343
that the division or the Department of Business and Professional 344
Regulation first makes the directory publicly available on its 345
website to remove from the dealer's inventory those nicotine 346
dispensing devices intended for retail sale to consumers in this 347
state. 348
(8) A nicotine product manufacturer who falsely represents 349
any of the information required by subsection (1) or subsection 350
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(2) commits a felony of the third degree for each false 351
representation, punishable as provided in s. 775.082 or s. 352
775.083. 353
(9) Each retail nicotine product dealer and wholesale 354
nicotine product dealer is subject to unannounced inspections 355
and audits by the divi sion for purposes of enforcing this 356
section. The division shall conduct unannounced follow -up 357
compliance inspections of all noncompliant retail nicotine 358
product dealers and wholesale nicotine product dealers within 30 359
days after any violation of this secti on. The division shall 360
publish the results of all inspections and audits at least 361
annually and shall make the results available to the public upon 362
request. 363
(10) The division may establish by rule a procedure to 364
allow nicotine product manufacturers to ren ew certifications 365
without having to resubmit all the information or documents 366
required by this section. 367
(11) If a nicotine product manufacturer fails to provide 368
information or documents required by this section, the division 369
may exclude or remove the man ufacturer's nicotine dispensing 370
devices from the directory. 371
(12) The division may assess an administrative fine of up 372
to $1,000 for each nicotine dispensing device offered for sale 373
to consumers in this state if a nicotine product manufacturer 374
fails to provide notice to the division of a material change to 375
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the manufacturer's certification within 30 days after such 376
change. The division shall deposit all fines collected into the 377
General Revenue Fund. An order imposing an administrative fine 378
becomes effective 15 days after the date of the order. 379
Section 3. Section 569.312, Florida Statutes, is created 380
to read: 381
569.312 Maintenance and inspection of nicotine dispensing 382
device records.— 383
(1) Each nicotine product manufacturer who sells nicotine 384
dispensing devices to consumers in this state shall maintain for 385
a period of 3 years, at the address listed on the certification 386
required pursuant to s. 569.311, a complete and accurate record 387
of the quantity of nicotine dispensing devices sold or delivered 388
to a wholesale nicotine product dealer in this state and to whom 389
each device was sold on a wholesale basis, including the 390
business name, license number, shipping and business addresses, 391
e-mail address, and telephone number of the person or entity to 392
which each nicotine dispensing device was sold. Such records may 393
be maintained in an electronic or paper format. 394
(2) Each retail nicotine product dealer; wholesale 395
nicotine product dealer; wholesale dealer, as defined in s. 396
210.01(6); and distributing agent, as defined in s. 210.01(14), 397
shall maintain for a period of 3 years at its principal place of 398
business a complete and accurate record of the quantity of each 399
nicotine dispensing device received, delivered, or sold in this 400
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state and to whom each nicotine dispensing d evice was sold or 401
delivered or from whom such dealer or agent received each 402
nicotine dispensing device, including the business name, license 403
number, shipping and business addresses, e -mail address, and 404
telephone number of the person or entity to whom each device was 405
sold or delivered or from whom each device was received. Such 406
records may be maintained in an electronic or paper format. 407
(3) Nicotine product manufacturers; retail nicotine 408
product dealers; wholesale nicotine product dealers; wholesale 409
dealers, as defined in s. 210.01(6); and distributing agents, as 410
defined in s. 210.01(14), who sell or deliver nicotine 411
dispensing devices directly to consumers are not required to 412
maintain the name, address, e -mail address, and telephone number 413
of consumers who purchase or receive nicotine dispensing 414
devices. 415
(4) Within 7 calendar days after receiving a request by 416
the division, a nicotine product manufacturer who sells nicotine 417
dispensing devices in this state, including a nicotine product 418
manufacturer who sel ls nicotine dispensing devices directly to 419
consumers; a retail nicotine product dealer; a wholesale 420
nicotine product dealer; a wholesale dealer, as defined in s. 421
210.01(6); and a distributing agent, as defined in s. 422
210.01(14), shall provide to the divisio n or its duly authorized 423
representative copies of records related to the nicotine 424
dispensing devices received, delivered, or sold in this state 425
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and to whom such nicotine dispensing devices were sold or 426
delivered or from whom such nicotine dispensing device s were 427
received. 428
(5) The division, or any designated employee thereof, may 429
examine the records required to be maintained by each nicotine 430
product manufacturer, retail nicotine product dealer, wholesale 431
nicotine product dealer, wholesale dealer, as define d in s. 432
210.01(6), and distributing agent, as defined in s. 210.01(14); 433
issue subpoenas to such persons or entities; administer oaths; 434
and take depositions of witnesses within or outside this state. 435
The laws of this state regarding enforcing obedience of a 436
subpoena lawfully issued by a judge or any other person duly 437
authorized to issue subpoenas under the laws of this state in 438
civil cases applies to a subpoena issued by the division or any 439
designated employee thereof. The subpoena may be enforced by 440
writ of attachment issued by the division, or any designated 441
employee thereof, to compel a witness to appear before the 442
division, or any designated employee thereof, and give his or 443
her testimony, and to produce such records as may be required 444
for examination. The division, or any designated employee 445
thereof, may bring an action against a witness who refuses to 446
appear or give testimony by citation before the circuit court, 447
which shall punish such witness for contempt as in cases of 448
refusal to obey the orders and p rocess of the circuit court. The 449
division may in such cases pay such attendance and mileage fees 450
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as are permitted to be paid to witnesses in civil cases 451
appearing before the circuit court. 452
(6) The division may assess an administrative fine of up 453
to $1,000 for each violation of this section. The division shall 454
deposit all fines collected into the General Revenue Fund. An 455
order imposing an administrative fine becomes effective 15 days 456
after the date of the order. 457
Section 4. Section 569.313, Florida Stat utes, is created 458
to read: 459
569.313 Shipment of unregistered nicotine dispensing 460
devices sold for retail sale to consumers in this state. — 461
(1) A nicotine product manufacturer may not sell, ship, or 462
otherwise distribute a nicotine dispensing device for re tail 463
sale to consumers in this state for which: 464
(a) The FDA has entered an order requiring the nicotine 465
product manufacturer to remove the nicotine dispensing device 466
from the market either temporarily or permanently, which order 467
has not been stayed by th e FDA or a court of competent 468
jurisdiction, the manufacturer has submitted a timely filed 469
request for supervisory review with the FDA which remains under 470
review, or the order has been rescinded by the FDA or vacated by 471
any court; 472
(b) The nicotine product manufacturer has not submitted a 473
timely filed premarket tobacco product application for the 474
nicotine dispensing device; 475
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(c) The nicotine product manufacturer's timely filed 476
premarket tobacco product application for the nicotine 477
dispensing device is no l onger pending because it was not 478
accepted by the FDA, it was denied by the FDA, or it is subject 479
to any other order or action by the FDA or any court that 480
negatively affects the ability of the nicotine dispensing device 481
to be introduced or delivered into i nterstate commerce for 482
commercial distribution in the United States; or 483
(d) The nicotine product manufacturer has not submitted 484
the certification required under this chapter for any of the 485
nicotine dispensing devices intended for retail sale to 486
consumers in this state. 487
(2) Any person who knowingly ships or receives nicotine 488
dispensing devices in violation of this section commits a 489
misdemeanor of the first degree, punishable as provided in s. 490
775.082 or s. 775.083. 491
(3) The division may assess an admini strative fine of up 492
to $5,000 for each violation of this section. The division shall 493
deposit all fines collected into the General Revenue Fund. An 494
order imposing an administrative fine becomes effective 15 days 495
after the date of the order. 496
Section 5. Section 569.316, Florida Statutes, is created 497
to read: 498
569.316 Wholesale nicotine product dealer permits; 499
application; qualifications; renewal; duplicates. — 500
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(1)(a) Each person, firm, association, or corporation that 501
seeks to deal, at wholesale, in nico tine products or nicotine 502
dispensing devices sold at retail in this state, or each person, 503
firm, association, or corporation that seeks to sell nicotine 504
products or nicotine dispensing devices to any retail nicotine 505
product dealer in this state, must obtai n a wholesale nicotine 506
product dealer permit for each place of business or premises at 507
which nicotine products are sold. 508
(b) Application for a wholesale nicotine product dealer 509
permit must be made on a form furnished by the division and must 510
set forth the name under which the applicant transacts or 511
intends to transact business, the address of the location of the 512
applicant's place of business, the applicant's e -mail address, 513
and any other information required by the division. If the 514
applicant has or intend s to have more than one place of business 515
dealing in nicotine products or nicotine dispensing devices, a 516
separate application must be made for each place of business. If 517
the applicant is a firm or an association, the application must 518
set forth the names, e -mail addresses, and addresses of the 519
persons constituting the firm or association. If the applicant 520
is a corporation, the application must set forth the names, e -521
mail addresses, and addresses of the principal officers of the 522
corporation. The application must also set forth any other 523
information required by the division for the purpose of 524
identifying the applicant firm, association, or corporation. The 525
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application must be signed and verified by oath or affirmation 526
by the owner, if a sole proprietor; if the owner is a firm, 527
association, or partnership, by the members or partners thereof; 528
or, if the owner is a corporation, by an executive officer of 529
the corporation or by a person authorized by the corporation to 530
sign the application, together with the written evidence of such 531
authority. 532
(2)(a) Wholesale nicotine product dealer permits may be 533
issued only to persons who are 21 years of age or older or to 534
corporations the executive officers of which are 21 years of age 535
or older. 536
(b) The division may refuse to issue a wholesale nicotine 537
product dealer permit to any person, firm, association, or 538
corporation whose permit has been revoked by any jurisdiction; 539
to any corporation an executive officer of which has had such 540
permit revoked by any jurisdiction; or to any person who is or 541
has been an executive officer of a corporation whose permit has 542
been revoked by any jurisdiction. The division must revoke any 543
wholesale nicotine product dealer permit issued to any firm, 544
association, or corporation prohibited from obtain ing such 545
permit under this chapter. 546
(3) Upon approval of an application for a wholesale 547
nicotine product dealer permit, the division shall issue to the 548
applicant a wholesale nicotine product dealer permit for the 549
place of business or premises specified i n the application. A 550
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wholesale nicotine product dealer permit is not assignable and 551
is valid only for the person in whose name the wholesale 552
nicotine product dealer permit is issued and for the place of 553
business or premises designated in the wholesale nico tine 554
product dealer permit. The wholesale nicotine product dealer 555
permit must be conspicuously displayed at all times at the place 556
of business or premises for which it is issued. 557
(4) A wholesale dealer, as defined in s. 210.01(6), or a 558
distributing agent, as defined in s. 210.01(14), is not required 559
to have a separate or additional wholesale nicotine product 560
dealer permit to deal, at wholesale, in nicotine dispensing 561
devices in this state. A wholesale dealer, as defined in s. 562
210.01(6); a distributing age nt, as defined in s. 210.01(14); or 563
a tobacco product distributor, as defined in s. 210.25(5), which 564
deals, at wholesale, in nicotine dispensing devices is subject 565
to, and must comply with, this chapter. 566
Section 6. Section 569.317, Florida Statutes, is created 567
to read: 568
569.317 Wholesale nicotine product dealers; administrative 569
penalties.— 570
(1) A wholesale nicotine product dealer may purchase and 571
sell for retail in this state only those nicotine dispensing 572
devices listed on the directory created by th e division pursuant 573
to s. 569.311. 574
(2) The division may suspend or revoke the wholesale 575
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nicotine product dealer permit of a wholesale nicotine product 576
dealer upon sufficient cause of a violation of this part by a 577
wholesale nicotine product dealer or any agent or employee 578
thereof. 579
(3) The division may assess an administrative fine of up 580
to $5,000 for each violation of this section. The division shall 581
deposit all fines collected into the General Revenue Fund. An 582
order imposing an administrative fine becom es effective 15 days 583
after the date of the order. 584
(4) The division may suspend the imposition of a penalty 585
against a wholesale nicotine product dealer permitholder if the 586
permitholder has complied with terms the division deems 587
appropriate. 588
Section 7. Section 569.32, Florida Statutes, is amended to 589
read: 590
569.32 Retail nicotine product products dealer permits; 591
application; qualifications; renewal; duplicates. — 592
(1)(a) Each person, firm, association, or corporation that 593
seeks to deal, at retail, in ni cotine products or nicotine 594
dispensing devices in this within the state, or to allow a 595
nicotine product products vending machine to be located on its 596
premises in this the state, must obtain a retail nicotine 597
product products dealer permit for each place of business or 598
premises at which nicotine products or nicotine dispensing 599
devices are sold. Each dealer owning, leasing, furnishing, or 600
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operating vending machines through which nicotine products are 601
sold must obtain a permit for each machine and shall post t he 602
permit in a conspicuous place on or near the machine; however, 603
if the dealer has more than one vending machine at a single 604
location or if nicotine products or nicotine dispensing devices 605
are sold both over the counter and through a vending machine at 606
a single location, the dealer need obtain only one permit for 607
that location. 608
(b) Application for a permit must be made on a form 609
furnished by the division and must set forth the name under 610
which the applicant transacts or intends to transact business, 611
the address of the location of the applicant's place of business 612
within this the state, and any other information required by the 613
division requires. If the applicant has or intends to have more 614
than one place of business dealing in nicotine products or 615
nicotine dispensing devices in this within the state, a separate 616
application must be made for each place of business. If the 617
applicant is a firm or an association, the application must set 618
forth the names and addresses of the persons constituting the 619
firm or association; if the applicant is a corporation, the 620
application must set forth the names and addresses of the 621
principal officers of the corporation. The application must also 622
set forth any other information required prescribed by the 623
division for the purpose o f identifying the applicant firm, 624
association, or corporation. The application must be signed and 625
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verified by oath or affirmation by the owner, if a sole 626
proprietor; or, if the owner is a firm, association, or 627
partnership, by the members or partners thereo f; or, if the 628
owner is a corporation, by an executive officer of the 629
corporation or by a person authorized by the corporation to sign 630
the application, together with the written evidence of such this 631
authority. 632
(c) Permits issued by the division must be i ssued 633
annually. 634
(d) The holder of a permit may renew the permit each year. 635
If a retail nicotine product dealer fails to timely renew his or 636
her permit, the dealer must pay a late fee of $5 for each month 637
or portion of a month occurring after expiration, and before 638
renewal, of his or her permit. The division shall establish by 639
rule a permit renewal procedure. 640
(2)(a) Permits may be issued only to persons who are 21 641
years of age or older or to corporations the officers of which 642
are 21 years of age or older . 643
(b) The division may refuse to issue a permit to any 644
person, firm, association, or corporation the permit of which 645
has been revoked by any jurisdiction; to any corporation an 646
officer of which has had his or her permit revoked by any 647
jurisdiction; or to any person who is or has been an officer of 648
a corporation the permit of which has been revoked by any 649
jurisdiction. Any permit issued to a firm, an association, or a 650
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corporation prohibited from obtaining a permit under this 651
chapter must shall be revoked by the division. 652
(3) Upon approval of an application for a permit, the 653
division shall issue to the applicant a permit for the place of 654
business or premises specified in the application. A permit is 655
not assignable and is valid only for the person in whose name 656
the permit is issued and for the place designated in the permit. 657
The permit must shall be conspicuously displayed at all times at 658
the place for which issued. 659
Section 8. Section 569.33, Florida Statutes, is amended to 660
read: 661
569.33 Consent to inspection and search without warrant. —662
An applicant for a retail nicotine product products dealer 663
permit or a wholesale nicotine product dealer permit , by 664
accepting the permit when issued, agrees that the place or 665
premises covered by the permit is subject to inspection and 666
search without a search warrant by the division or its 667
authorized assistants, and by sheriffs, deputy sheriffs, or 668
police officers, to determine compliance with this part. 669
Section 9. Section 569.34, Florida Statutes , is amended to 670
read: 671
569.34 Operating without a retail nicotine product 672
products dealer permit; penalty. — 673
(1) It is unlawful for any a person, firm, association, or 674
corporation to deal, at retail, in nicotine products, in any 675
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manner, or to allow a nic otine product products vending machine 676
to be located on its premises, without having a retail nicotine 677
product dealer permit as required by s. 569.32. A person who 678
violates this subsection section commits a noncriminal 679
violation, punishable by a fine of no t more than $500. 680
(2) A retail tobacco product products dealer, as defined 681
in s. 569.002 s. 569.002(4), is not required to have a separate 682
or additional retail nicotine product products dealer permit to 683
deal, at retail, in nicotine products in this within the state, 684
or allow a nicotine product products vending machine to be 685
located on its premises in this the state. Any retail tobacco 686
product products dealer that deals, at retail, in nicotine 687
products or allows a nicotine product products vending machine 688
to be located on its premises in this the state, is subject to, 689
and must be in compliance with, this part. 690
(3) Any person who violates subsection (1) must this 691
section shall be cited for such infraction and must shall be 692
cited to appear before the county court. The citation may 693
indicate the time, date, and location of the scheduled hearing 694
and must indicate that the penalty for a noncriminal violation 695
is a fine of not more than $500. 696
(a) A person cited for violating subsection (1) for an 697
infraction under this section may: 698
1. Post a $500 bond; or 699
2. Sign and accept the citation indicating a promise to 700
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appear. 701
(b) A person cited for violating subsection (1) this 702
section may: 703
1. Pay the fine, either by mail or in person, within 10 704
days after receiving the citation; or 705
2. If the person has posted bond, forfeit the bond by not 706
appearing at the scheduled hearing. 707
(c) If the person pays the fine or forfeits bond, the 708
person is deemed to have admitted violating subsection (1) this 709
section and to have waived the right to a hearing on the issue 710
of commission of the violation. Such admission may not be used 711
as evidence in any other proceeding. 712
(d) The court, after a hearing, shall make a determination 713
as to whether an infraction has been committed. If the 714
commission of an infraction has been proven beyond a reasonable 715
doubt, the court may impose a civil penalty in an amount that 716
may not exceed $500. 717
(e) If a person is found by the court to have committed 718
the infraction, that person may appeal that finding to the 719
circuit court. 720
(4) On or after March 1, 2025, it is unlawful for any 721
person, firm, association, or corporation in this state to deal, 722
at retail, in nicotine dispensing devices not listed on the 723
directory created pursuant to s. 569.311. Any person who 724
knowingly ships or receives nicotine dispensing devices in 725
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violation of this subsection commits a misdemeanor of the second 726
degree, punishable as provided in s. 775.082 or s. 775.083. 727
(5) On or after January 1 , 2025, it is unlawful for a 728
retail nicotine product dealer in this state, other than a 729
nicotine product manufacturer who is also permitted as a retail 730
nicotine product dealer in this state and is selling products 731
directly to consumers, to purchase nicotin e dispensing devices 732
from a wholesale nicotine product dealer, nicotine product 733
manufacturer, or other source that is not a wholesale nicotine 734
product dealer permitholder; a wholesale dealer, as defined in 735
s. 210.01(6); a distributing agent, as defined in s. 210.01(14); 736
or a tobacco product distributor, as defined in s. 210.25(5). 737
Any person who knowingly ships or receives nicotine dispensing 738
devices in violation of this subsection commits a misdemeanor of 739
the second degree, punishable as provided in s. 775 .082 or s. 740
775.083. 741
(6) The division may suspend or revoke the permit of a 742
retail nicotine product dealer upon sufficient cause of a 743
violation of this part by the dealer or any agent or employee 744
thereof. 745
(7) The division may assess an administrative fine of up 746
to $1,000 for each violation of this section. The division shall 747
deposit all fines collected into the General Revenue Fund. An 748
order imposing an administrative fine becomes effective 15 days 749
after the date of the order. 750
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Section 10. Section 5 69.345, Florida Statutes, is created 751
to read: 752
569.345 Seizure and destruction of contraband nicotine 753
dispensing devices.—All nicotine dispensing devices sold, 754
delivered, possessed, or distributed contrary to any provision 755
of this chapter are declared to be contraband, are subject to 756
seizure and confiscation under the Florida Contraband Forfeiture 757
Act by any person whose duty it is to enforce this chapter, and 758
must be disposed of as follows: 759
(1) A court with jurisdiction shall order such nicotine 760
dispensing devices forfeited and destroyed. A record of the 761
place where such nicotine dispensing devices were seized; the 762
kind and quantity of such nicotine dispensing devices destroyed; 763
and the time, place, and manner of destruction of such nicotine 764
dispensing devices must be maintained and a return under oath 765
reporting the destruction of such nicotine dispensing devices 766
must be made to the court by the officer who destroyed such 767
nicotine dispensing devices. 768
(2) The division shall maintain a full and complete r ecord 769
of all nicotine dispensing devices showing: 770
(a) The exact types, quantities, and forms of such 771
nicotine dispensing devices. 772
(b) The persons from whom such nicotine dispensing devices 773
were received and the persons to whom they were delivered. 774
(c) By whose authority such nicotine dispensing devices 775
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were received, delivered, and destroyed. 776
(d) The dates of the receipt, disposal, or destruction of 777
such nicotine dispensing devices, which record must be open to 778
inspection by all persons charged with the enforcement of 779
tobacco and nicotine product laws. 780
(3) The cost of seizure, confiscation, and destruction of 781
contraband nicotine dispensing devices is borne by the person 782
from whom such nicotine dispensing devices are seized. 783
Section 11. Section 569.346, Florida Statutes, is created 784
to read: 785
569.346 Agent for service of process. — 786
(1) A nonresident nicotine dispensing device manufacturer 787
that is not registered to do business in this state as a foreign 788
corporation or business entity shall, as a condition precedent 789
to being listed on the directory created by s. 569.311, appoint 790
and continually engage without interruption the services of an 791
agent in this state to act as agent for the service of process 792
on whom all process, and any action or proceed ing against the 793
manufacturer concerning or arising out of the enforcement of 794
this chapter, may be served in any manner authorized by law. 795
Such service shall constitute legal and valid service of process 796
on the manufacturer. The manufacturer shall provide t he name, 797
address, telephone number, and proof of the appointment and 798
availability of such agent to the division. 799
(2) A nonresident manufacturer of nicotine dispensing 800
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devices shall provide notice to the division 30 calendar days 801
before termination of the appointment of an agent, and shall 802
further provide proof to the satisfaction of the division of the 803
appointment of a new agent at least 5 calendar days before 804
termination of the existing agent. If an agent terminates his or 805
her existing appointment, the m anufacturer shall notify the 806
division of the termination within 5 calendar days, and shall 807
include proof to the satisfaction of the division of the 808
appointment of a new agent. 809
(3) A nonresident nicotine dispensing device manufacturer 810
whose nicotine dispe nsing devices are sold in this state who has 811
not appointed and engaged the services of an agent as required 812
by this section shall be deemed to have appointed the Secretary 813
of State as the manufacturer's agent for service of process. The 814
appointment of the Secretary of State as the manufacturer's 815
agent does not satisfy the requirement in subsection (1). 816
Section 12. Section 569.002, Florida Statutes, is amended 817
to read: 818
569.002 Definitions. —As used in this part, the term: 819
(1)(9) "Any person under the age of 21" does not include 820
any person under the age of 21 who: 821
(a) Is in the military reserve or on active duty in the 822
Armed Forces of the United States; or 823
(b) Is acting in his or her scope of lawful employment 824
with an entity licensed under the provisions of chapter 210 or 825
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this part. 826
(2)(1) "Dealer" is synonymous with the term "retail 827
tobacco product products dealer." 828
(3)(2) "Division" means the Division of Alcoholic 829
Beverages and Tobacco of the Department of Business and 830
Professional Regulation. 831
(4)(3) "Nicotine product" has the same meaning as provided 832
in s. 569.31 s. 569.31(4). 833
(5)(4) "Nicotine dispensing device" has the same meaning 834
as provided in s. 569.31 s. 569.31(3). 835
(6)(5) "Permit" is synonymous with the term "retail 836
tobacco product products dealer permit." 837
(7)(6) "Retail tobacco product products dealer" means the 838
holder of a retail tobacco product products dealer permit. 839
(8)(7) "Retail tobacco product products dealer permit" 840
means a permit issued by the di vision pursuant to s. 569.003. 841
(9)(8) "Tobacco products" includes loose tobacco leaves, 842
and products made from tobacco leaves, in whole or in part, and 843
cigarette wrappers, which can be used for smoking, sniffing, or 844
chewing. 845
Section 13. Section 569.35, Florida Statutes, is amended 846
to read: 847
569.35 Retail nicotine product dealers; administrative 848
penalties.—The division may suspend or revoke the permit of a 849
dealer, including the retail tobacco products dealer permit of a 850
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retail tobacco products de aler as defined in s. 569.002 s. 851
569.002(4), upon sufficient cause appearing of the violation of 852
any of the provisions of this part, by a dealer, or by a 853
dealer's agent or employee. The division may also assess and 854
accept an administrative fine of up to $1 ,000 against a dealer 855
for each violation. The division shall deposit all fines 856
collected into the General Revenue Fund as collected. An order 857
imposing an administrative fine becomes effective 15 days after 858
the date of the order. The division may suspend th e imposition 859
of a penalty against a dealer, conditioned upon the dealer's 860
compliance with terms the division considers appropriate. 861
Section 14. For the 2024-2025 fiscal year, the sums of 862
$278,875 in recurring funds and $20,268 in nonrecurring funds 863
from the Alcoholic Beverage and Tobacco Trust Fund are 864
appropriated to the Department of Business and Professional 865
Regulation, and four full -time equivalent positions with 866
associated salary rate of 180,000 are authorized, for the 867
purpose of implementing this act. 868
Section 15. This act shall take effect October 1, 2024. 869