Florida Senate - 2024 SB 1006 By Senator Perry 9-00873A-24 20241006__ 1 A bill to be entitled 2 An act relating to nicotine products; reordering and 3 amending s. 569.31, F.S.; revising and defining terms 4 for purposes of part II of ch. 569, F.S.; creating s. 5 569.311, F.S.; requiring nicotine products 6 manufacturers to execute and deliver a form, under 7 penalty of perjury, to the Division of Alcoholic 8 Beverages and Tobacco of the Department of Business 9 and Professional Regulation for each product sold 10 within this state which meets certain criteria; 11 specifying requirements for the form prescribed by the 12 division; requiring manufacturers to submit certain 13 additional materials when submitting the form to the 14 division; requiring a manufacturer to notify the 15 division of certain events; requiring the division to 16 develop and maintain a directory listing certified 17 nicotine products manufacturers and certified nicotine 18 products by a specified date; specifying requirements 19 for the directory; providing procedures and notice to 20 manufacturers for removal of the manufacturer or any 21 of its products from the directory; providing for 22 administrative review of action by the division 23 regarding the directory; requiring manufacturers to 24 take certain actions upon a products removal from the 25 directory; providing penalties for certain violations 26 by manufacturers; subjecting retail and wholesale 27 nicotine products dealers to inspections or audits to 28 ensure compliance; requiring the division to publish 29 findings of such inspections and audits and make them 30 available to the public; authorizing the division to 31 adopt certain procedures by rule; creating s. 569.312, 32 F.S.; requiring specified manufacturers and dealers of 33 nicotine products to maintain certain records for a 34 specified timeframe; requiring such manufacturers and 35 dealers to timely comply with division requests to 36 produce records; authorizing the division to examine 37 such records for specified purposes; providing for 38 enforcement; authorizing the division to assess 39 administrative fines for noncompliance and to deposit 40 them into the General Revenue Fund; creating s. 41 569.313, F.S.; prohibiting the sale, shipment, or 42 distributing of certain nicotine products into this 43 state; providing a criminal penalty; authorizing the 44 division to assess fines and deposit them into the 45 General Revenue Fund; creating s. 569.316, F.S.; 46 requiring persons or entities that seek to deal or 47 sell certain nicotine products or dispensing devices 48 to retail dealers to obtain a wholesale nicotine 49 products dealer permit; specifying requirements and 50 limitations regarding the issuance of such permits; 51 specifying conditions under which the division may 52 refuse to issue a permit; providing requirements and 53 limitations for permitholders; providing construction; 54 creating s. 569.317, F.S.; requiring wholesale 55 nicotine products dealer permitholders to sell only 56 nicotine products listed in the divisions directory; 57 authorizing the division to revoke or suspend a permit 58 if a violation is deemed to have occurred; authorizing 59 the division to assess administrative penalties for 60 violations and to deposit them into the General 61 Revenue Fund; amending s. 569.32, F.S.; requiring that 62 retail nicotine products dealer permits be issued 63 annually; providing procedures for the renewal of 64 permits; requiring the division to levy a delinquent 65 fee under certain circumstances; requiring the 66 division to adopt by rule a certain procedure for the 67 submittal of applications; prohibiting the division 68 from granting exemptions from permit fees; making 69 technical changes; amending s. 569.33, F.S.; providing 70 that holders of a wholesale nicotine products dealer 71 permit must consent to certain inspections and 72 searches without a warrant; amending s. 569.34, F.S.; 73 providing criminal penalties for the unlawful sale or 74 dealing of unlisted nicotine products; providing 75 criminal penalties for the unauthorized purchase of 76 certain nicotine products; authorizing the division to 77 suspend or revoke a permit of a permitholder upon 78 sufficient cause of a violation of part II of ch. 569, 79 F.S.; authorizing the division to assess an 80 administrative penalty for violations and deposit them 81 into the General Revenue Fund; making technical 82 changes; creating s. 569.345, F.S.; providing for the 83 seizure and destruction of unlawful nicotine products 84 in accordance with the Florida Contraband Forfeiture 85 Act; requiring a court with jurisdiction to take 86 certain action; requiring the division to maintain 87 certain records; requiring that costs be borne by the 88 person who held the seized products; amending s. 89 569.002, F.S.; conforming cross-references to changes 90 made by the act; providing an effective date. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1.Section 569.31, Florida Statutes, is reordered 95 and amended to read: 96 569.31Definitions.As used in this part, the term: 97 (2)(1)Dealer is synonymous with the term retail 98 nicotine products dealer. 99 (3)(2)Division means the Division of Alcoholic Beverages 100 and Tobacco of the Department of Business and Professional 101 Regulation. 102 (4)FDA means the United States Food and Drug 103 Administration. 104 (5)(3)Nicotine dispensing device means any product that 105 employs an electronic, chemical, or mechanical means to produce 106 vapor or aerosol from a nicotine product, including, but not 107 limited to, an electronic cigarette, electronic cigar, 108 electronic cigarillo, electronic pipe, or other similar device 109 or product, any replacement cartridge for such device, and any 110 other container of nicotine in a solution or other form intended 111 to be used with or within an electronic cigarette, electronic 112 cigar, electronic cigarillo, electronic pipe, or other similar 113 device or product. 114 (6)(4)Nicotine product means any product that contains 115 nicotine, including liquid nicotine, which is intended for human 116 consumption, whether inhaled, chewed, absorbed, dissolved, or 117 ingested by any means. The term also includes any nicotine 118 dispensing device. For purposes of this definition, each 119 individual stock keeping unit is considered a separate nicotine 120 product. The term does not include a: 121 (a)Tobacco product, as defined in s. 569.002; 122 (b)Product regulated as a drug or device by the United 123 States Food and Drug Administration under Chapter V of the 124 Federal Food, Drug, and Cosmetic Act; or 125 (c)Product that contains incidental nicotine. 126 (7)Nicotine products manufacturer means any person that 127 manufactures nicotine products. 128 (8)(5)Permit is synonymous with the term retail 129 nicotine products dealer permit. 130 (9)(6)Retail nicotine products dealer means the holder 131 of a retail nicotine products dealer permit. 132 (10)(7)Retail nicotine products dealer permit means a 133 permit issued by the division under s. 569.32. 134 (11)(8)Self-service merchandising means the open display 135 of nicotine products, whether packaged or otherwise, for direct 136 retail customer access and handling before purchase without the 137 intervention or assistance of the dealer or the dealers owner, 138 employee, or agent. An open display of such products and devices 139 includes the use of an open display unit. 140 (12)Wholesale nicotine products dealer means the holder 141 of a wholesale nicotine products dealer permit who purchases 142 nicotine dispensing devices or nicotine products from any 143 nicotine products manufacturer. 144 (13)Wholesale nicotine products dealer permit means a 145 permit issued by the division under s. 569.316. 146 (1)(9)Any person under the age of 21 does not include 147 any person under the age of 21 who: 148 (a)Is in the military reserve or on active duty in the 149 Armed Forces of the United States; or 150 (b)Is acting in his or her scope of lawful employment. 151 Section 2.Section 569.311, Florida Statutes, is created to 152 read: 153 569.311Nicotine product directory. 154 (1)Every nicotine products manufacturer that sells 155 nicotine products in this state shall execute and deliver a 156 form, prescribed by the division, under penalty of perjury for 157 each nicotine product sold that meets either of the following 158 criteria: 159 (a)A nicotine product which contains nicotine derived from 160 a tobacco source and was on the market in the United States as 161 of August 8, 2016, and the manufacturer has applied for a 162 marketing order pursuant to 21 U.S.C. s. 387j for the nicotine 163 product by submitting a premarket tobacco product application on 164 or before September 9, 2020, to the FDA, or the nicotine product 165 contains nicotine derived from a non-tobacco source and was on 166 the market in the United States as of April 14, 2022, and the 167 manufacturer has applied for a marketing order pursuant to 21 168 U.S.C. s. 387j for the nicotine product containing nicotine 169 derived from a non-tobacco source by submitting a premarket 170 tobacco product application on or before May 14, 2022, and: 171 1.The premarket tobacco product application for the 172 nicotine product remains under review by the FDA, and neither a 173 marketing authorization nor a marketing denial order has been 174 issued; or 175 2.The FDA issued a marketing denial order for the nicotine 176 product, but the FDA or a federal court issued a stay or an 177 injunction during the pendency of the manufacturers appeal of 178 the marketing denial order or either the order has been appealed 179 to the FDA or a challenge to the order has been filed with a 180 federal court and the appeal or challenge is still 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 transact business, the 188 address of the location of the nicotine products manufacturers 189 principal place of business, the nicotine products 190 manufacturers 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 to 21 U.S.C. s. 387j, whichever is applicable. 201 (4)Any nicotine products manufacturer 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 nicotine 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 Regulations website. The division shall update the directory as 225 necessary. 226 (6)The division shall provide a nicotine products 227 manufacturer notice and an opportunity 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 nicotine 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 number 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 the 240 date of service of the notice of the divisions intended action 241 to establish that the nicotine products manufacturer or its 242 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 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 Regulations 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 provided 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 or audit checks by the division for purposes of enforcing this 276 section. The division shall conduct unannounced 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 least 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 this 285 section. 286 Section 3.Section 569.312, Florida Statutes, is created to 287 read: 288 569.312Maintenance 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 listed 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 (2)Each retail nicotine products dealer; 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 addresses, 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; retail 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 and 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 agent, as defined in s. 210.01(14), shall timely provide to the 326 division or its duly authorized 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 thereof, 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 refusal to obey the orders and process of the circuit court. The 351 division may in such cases 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 to 355 $1,000 for each violation of this section. The division shall 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 to 360 read: 361 569.313Shipment of unregistered nicotine products into 362 this state. 363 (1)A nicotine products manufacturer may not sell, ship, or 364 otherwise distribute a nicotine product in this state for which: 365 (a)The FDA has entered an order requiring the nicotine 366 products manufacturer to remove the product from the market 367 either temporarily or permanently, which order has not been 368 stayed by the FDA or a court of competent jurisdiction; 369 (b)The nicotine products manufacturer has not submitted a 370 premarket tobacco product application; or 371 (c)The nicotine products manufacturer has not submitted 372 the certification required under this chapter for the nicotine 373 product. 374 (2)Any person who knowingly ships or receives nicotine 375 products in violation of this section commits a misdemeanor of 376 the first degree, punishable as provided in s. 775.082 or s. 377 775.083. 378 (3)The division may also assess an administrative fine of 379 up to $5,000 for each violation. The division shall deposit all 380 fines collected into the General Revenue Fund. An order imposing 381 an administrative fine becomes effective 15 days after the date 382 of the order. 383 Section 5.Section 569.316, Florida Statutes, is created to 384 read: 385 569.316Wholesale nicotine products dealer permits; 386 application; qualifications; renewal; duplicates. 387 (1)(a)Each person, firm, association, or corporation that 388 seeks to deal, at wholesale, in nicotine products within this 389 state, or to sell nicotine products or nicotine dispensing 390 devices to any retail nicotine products dealer, must obtain a 391 wholesale nicotine products dealer permit for each place of 392 business or premises at which nicotine products are sold. 393 (b)Application for a wholesale nicotine products dealer 394 permit must be made on a form furnished by the division and must 395 set forth the name under which the applicant transacts or 396 intends to transact business, the address of the location of the 397 applicants place of business, the applicants e-mail address, 398 and any other information the division requires. If the 399 applicant has or intends to have more than one place of business 400 dealing in nicotine products, a separate application must be 401 made for each place of business. If the applicant is a firm or 402 an association, the application must set forth the names, e-mail 403 addresses, and addresses of the persons constituting the firm or 404 association. If the applicant is a corporation, the application 405 must set forth the names, e-mail addresses, and addresses of the 406 principal officers of the corporation. The application must also 407 set forth any other information prescribed by the division for 408 the purpose of identifying the applicant firm, association, or 409 corporation. The application must be signed and verified by oath 410 or affirmation by the owner, if a sole proprietor; or, if the 411 owner is a firm, association, or partnership, by the members or 412 partners thereof; or, if the owner is a corporation, by an 413 executive officer of the corporation or by a person authorized 414 by the corporation to sign the application, together with the 415 written evidence of this authority. 416 (2)(a)Wholesale nicotine products dealer permits may be 417 issued only to persons who are 21 years of age or older or to 418 corporations the officers of which are 21 years of age or older. 419 (b)The division may refuse to issue a wholesale nicotine 420 products dealer permit to any person, firm, association, or 421 corporation whose permit has been revoked; to any corporation an 422 officer of which has had such permit revoked; or to any person 423 who is or has been an officer of a corporation whose permit has 424 been revoked. The division must revoke any wholesale nicotine 425 products dealer permit issued to a firm, an association, or a 426 corporation prohibited from obtaining such permit under this 427 chapter. 428 (3)Upon approval of an application for a wholesale 429 nicotine products dealer permit, the division shall issue to the 430 applicant a wholesale nicotine products dealer permit for the 431 place of business or premises specified in the application. A 432 wholesale nicotine products dealer permit is not assignable and 433 is valid only for the person in whose name the wholesale 434 nicotine products dealer permit is issued and for the place 435 designated in the wholesale nicotine products dealer permit. The 436 wholesale nicotine products dealer permit must be conspicuously 437 displayed at all times at the place for which it is issued. 438 (4)A wholesale dealer, as defined in s. 210.01(6), or a 439 distributing agent, as defined in s. 210.01(14), is not required 440 to have a separate or additional wholesale nicotine products 441 dealer permit to deal, at wholesale, in nicotine products within 442 this state. A wholesale dealer, as defined in s. 210.01(6), a 443 distributing agent, as defined in s. 210.01(14), or a tobacco 444 products distributor, as defined in s. 210.25(5), which deals, 445 at wholesale, in nicotine products is subject to, and must be in 446 compliance with, this chapter. 447 Section 6.Section 569.317, Florida Statutes, is created to 448 read: 449 569.317Wholesale nicotine products dealer permitholder; 450 administrative penalties.A wholesale nicotine products dealer 451 permitholder may only purchase and sell nicotine products 452 contained on the directory created by the division pursuant to 453 s. 569.311. The division may suspend or revoke the wholesale 454 nicotine products dealer permit of a wholesale nicotine products 455 dealer permitholder upon sufficient cause appearing of a 456 violation of this part by a wholesale nicotine products dealer 457 permitholder or its agent or employee. The division may also 458 assess an administrative fine of up to $5,000 for each 459 violation. The division shall deposit all fines collected into 460 the General Revenue Fund. An order imposing an administrative 461 fine becomes effective 15 days after the date of the order. The 462 division may suspend the imposition of a penalty against a 463 wholesale nicotine products dealer permitholder, conditioned 464 upon compliance with terms the division considers appropriate. 465 Section 7.Section 569.32, Florida Statutes, is amended to 466 read: 467 569.32Retail nicotine products dealer permits; 468 application; qualifications; renewal; duplicates. 469 (1)(a)Each person, firm, association, or corporation that 470 seeks to deal, at retail, in nicotine products within this the 471 state, or to allow a nicotine products vending machine to be 472 located on its premises in this the state, must obtain a retail 473 nicotine products dealer permit for each place of business or 474 premises at which nicotine products are sold. Each dealer 475 owning, leasing, furnishing, or operating vending machines 476 through which nicotine products are sold must obtain a permit 477 for each machine and shall post the permit in a conspicuous 478 place on or near the machine; however, if the dealer has more 479 than one vending machine at a single location or if nicotine 480 products are sold both over the counter and through a vending 481 machine at a single location, the dealer need obtain only one 482 permit for that location. 483 (b)Application for a permit must be made on a form 484 furnished by the division and must set forth the name under 485 which the applicant transacts or intends to transact business, 486 the address of the location of the applicants place of business 487 within this the state, and any other information the division 488 requires. If the applicant has or intends to have more than one 489 place of business dealing in nicotine products within this the 490 state, a separate application must be made for each place of 491 business. If the applicant is a firm or an association, the 492 application must set forth the names and addresses of the 493 persons constituting the firm or association; if the applicant 494 is a corporation, the application must set forth the names and 495 addresses of the principal officers of the corporation. The 496 application must also set forth any other information prescribed 497 by the division for the purpose of identifying the applicant 498 firm, association, or corporation. The application must be 499 signed and verified by oath or affirmation by the owner, if a 500 sole proprietor; or, if the owner is a firm, association, or 501 partnership, by the members or partners thereof; or, if the 502 owner is a corporation, by an executive officer of the 503 corporation or by a person authorized by the corporation to sign 504 the application, together with the written evidence of this 505 authority. 506 (c)Permits must be issued annually. 507 (d)The holder of a permit may renew the permit each year. 508 A dealer that does not timely renew its permit must pay a late 509 fee of $5 for each month or portion of a month occurring after 510 expiration, and before renewal, of the dealers permit. The 511 division shall establish by rule a renewal procedure that, to 512 the greatest extent feasible, combines the application and 513 permitting procedure for permits with the application and 514 licensing system for alcoholic beverages. 515 (e)The division may not grant an exemption from the permit 516 fees prescribed in this subsection for any applicant. 517 (2)(a)Permits may be issued only to persons who are 21 518 years of age or older or to corporations the officers of which 519 are 21 years of age or older. 520 (b)The division may refuse to issue a permit to any 521 person, firm, association, or corporation the permit of which 522 has been revoked; to any corporation an officer of which has had 523 his or her permit revoked; or to any person who is or has been 524 an officer of a corporation the permit of which has been 525 revoked. Any permit issued to a firm, an association, or a 526 corporation prohibited from obtaining a permit under this 527 chapter must shall be revoked by the division. 528 (3)Upon approval of an application for a permit, the 529 division shall issue to the applicant a permit for the place of 530 business or premises specified in the application. A permit is 531 not assignable and is valid only for the person in whose name 532 the permit is issued and for the place designated in the permit. 533 The permit must shall be conspicuously displayed at all times at 534 the place for which issued. 535 Section 8.Section 569.33, Florida Statutes, is amended to 536 read: 537 569.33Consent to inspection and search without warrant.An 538 applicant for a retail nicotine products dealer permit or a 539 wholesale nicotine products dealer permit, by accepting the 540 permit when issued, agrees that the place or premises covered by 541 the permit is subject to inspection and search without a search 542 warrant by the division or its authorized assistants, and by 543 sheriffs, deputy sheriffs, or police officers, to determine 544 compliance with this part. 545 Section 9.Section 569.34, Florida Statutes, is amended to 546 read: 547 569.34Operating without a retail nicotine products dealer 548 permit; penalty. 549 (1)It is unlawful for a person, a firm, an association, or 550 a corporation to deal, at retail, in nicotine products, in any 551 manner, or to allow a nicotine products vending machine to be 552 located on its premises, without having a retail nicotine 553 product dealer permit as required by s. 569.32. A person who 554 violates this subsection section commits a noncriminal 555 violation, punishable by a fine of not more than $500. 556 (2)A retail tobacco products dealer, as defined in s. 557 569.002(4), is not required to have a separate or additional 558 retail nicotine products dealer permit to deal, at retail, in 559 nicotine products within this the state, or allow a nicotine 560 products vending machine to be located on its premises in this 561 the state. Any retail tobacco products dealer that deals, at 562 retail, in nicotine products or allows a nicotine products 563 vending machine to be located on its premises in this the state, 564 is subject to, and must be in compliance with, this part. 565 (3)Any person who violates subsection (1) must this 566 section shall be cited for such infraction and must shall be 567 cited to appear before the county court. The citation may 568 indicate the time, date, and location of the scheduled hearing 569 and must indicate that the penalty for a noncriminal violation 570 is a fine of not more than $500. 571 (a)A person cited for a violation of subsection (1) for an 572 infraction under this section may: 573 1.Post a $500 bond; or 574 2.Sign and accept the citation indicating a promise to 575 appear. 576 (b)A person cited for violating this section may: 577 1.Pay the fine, either by mail or in person, within 10 578 days after receiving the citation; or 579 2.If the person has posted bond, forfeit the bond by not 580 appearing at the scheduled hearing. 581 (c)If the person pays the fine or forfeits bond, the 582 person is deemed to have admitted violating this section and to 583 have waived the right to a hearing on the issue of commission of 584 the violation. Such admission may not be used as evidence in any 585 other proceeding. 586 (d)The court, after a hearing, shall make a determination 587 as to whether an infraction has been committed. If the 588 commission of an infraction has been proven beyond a reasonable 589 doubt, the court may impose a civil penalty in an amount that 590 may not exceed $500. 591 (e)If a person is found by the court to have committed the 592 infraction, that person may appeal that finding to the circuit 593 court. 594 (4)On or after March 1, 2025, it is unlawful for a person, 595 a firm, an association, or a corporation to deal, at retail, in 596 nicotine products that are not listed on the directory created 597 pursuant to s. 569.311. Any person who knowingly ships or 598 receives nicotine products in violation of this section commits 599 a misdemeanor of the second degree, punishable as provided in s. 600 775.082 or s. 775.083. 601 (5)On or after January 1, 2025, it is unlawful for a 602 retail nicotine products dealer, other than a nicotine products 603 manufacturer that also is permitted as a retail nicotine 604 products dealer and is selling its own products directly to 605 consumers, to buy nicotine products from a wholesaler, 606 manufacturer, or other source that is not a wholesale nicotine 607 products dealer permitholder, a wholesale dealer, as defined in 608 s. 210.01(6), a distributing agent, as defined in s. 210.01(14), 609 or a tobacco products distributor, as defined in s. 210.25(5). 610 Any person who knowingly ships or receives nicotine products in 611 violation of this section commits a misdemeanor of the second 612 degree, punishable as provided in s. 775.082 or s. 775.083. 613 (6)The division may suspend or revoke the permit of a 614 retail nicotine products dealer permitholder, upon sufficient 615 cause appearing of a violation of this part by a retail nicotine 616 products dealer permitholder, or its agent or employee. The 617 division may also assess an administrative fine of up to $1,000 618 for each violation. The division shall deposit all fines 619 collected into the General Revenue Fund. An order imposing an 620 administrative fine becomes effective 15 days after the date of 621 the order. 622 Section 10.Section 569.345, Florida Statutes, is created 623 to read: 624 569.345Seizure and destruction of contraband nicotine 625 products.All nicotine products sold, delivered, possessed, or 626 distributed contrary to any provisions of this chapter are 627 declared to be contraband, are subject to seizure and 628 confiscation under the Florida Contraband Forfeiture Act by any 629 person whose duty it is to enforce the provisions of this 630 chapter, and must be disposed of as follows: 631 (1)A court having jurisdiction shall order such nicotine 632 products forfeited and destroyed. A record of the place where 633 such nicotine products and any accompanying nicotine dispensing 634 devices were seized, the kinds and quantities of nicotine 635 products and accompanying nicotine dispensing devices destroyed, 636 and the time, place, and manner of destruction must be kept, and 637 a return under oath reporting the destruction must be made to 638 the court by the officer who destroys them. 639 (2)The division shall keep a full and complete record of 640 all nicotine products and nicotine dispensing devices showing: 641 (a)The exact kinds, quantities, and forms of such nicotine 642 products or nicotine dispensing devices; 643 (b)The persons from whom they were received and to whom 644 they were delivered; 645 (c)By whose authority they were received, delivered, and 646 destroyed; and 647 (d)The dates of the receipt, disposal, or destruction, 648 which record must be open to inspection by all persons charged 649 with the enforcement of tobacco and nicotine product laws. 650 (3)The cost of seizure, confiscation, and destruction of 651 contraband nicotine products is borne by the person from whom 652 such products are seized. 653 Section 11.Subsections (3) and (4) of section 569.002, 654 Florida Statutes, are amended to read: 655 569.002Definitions.As used in this part, the term: 656 (3)Nicotine product has the same meaning as provided in 657 s. 569.31 s. 569.31(4). 658 (4)Nicotine dispensing device has the same meaning as 659 provided in s. 569.31 s. 569.31(3). 660 Section 12.This act shall take effect October 1, 2024.