Florida Senate - 2024 CS for SB 1006 By the Committee on Regulated Industries; and Senator Perry 580-02895-24 20241006c1 1 A bill to be entitled 2 An act relating to nicotine products and dispensing 3 devices; reordering and amending s. 569.31, F.S.; 4 revising and defining terms for purposes of part II of 5 ch. 569, F.S.; creating s. 569.311, F.S.; requiring 6 nicotine product manufacturers who sell nicotine 7 dispensing products in this state to execute and 8 deliver a form, under penalty of perjury, to the 9 Division of Alcoholic Beverages and Tobacco of the 10 Department of Business and Professional Regulation for 11 each dispensing device sold within this state which 12 meets certain criteria; specifying requirements for 13 the form prescribed by the division; requiring 14 nicotine product manufacturers to submit certain 15 additional materials when submitting the form to the 16 division; requiring a manufacturer to notify the 17 division of certain events; requiring the division to 18 develop and maintain a directory listing certified 19 nicotine product manufacturers and certified nicotine 20 dispensing devices by a specified date; specifying 21 requirements for the directory; requiring the division 22 to establish rules to provide notice to a nicotine 23 product manufacturer before removal of the 24 manufacturer or any of its nicotine dispensing devices 25 from the directory; providing for administrative 26 review of action by the division regarding the 27 directory; providing penalties for certain violations 28 by manufacturers; subjecting retail and wholesale 29 nicotine products dealers to inspections or audits to 30 ensure compliance; requiring the division to publish 31 findings of such inspections and audits and make them 32 available to the public; authorizing the division to 33 adopt certain procedures by rule; authorizing the 34 division to take certain actions against nicotine 35 product manufacturers who fail to provide certain 36 documents or information; requiring all fines to be 37 deposited into the General Revenue Fund; creating s. 38 569.312, F.S.; requiring specified manufacturers and 39 dealers of nicotine dispensing devices to maintain 40 certain records for a specified timeframe; requiring 41 such manufacturers and dealers to timely comply with 42 division requests to produce records; authorizing the 43 division to examine such records for specified 44 purposes; providing for enforcement; authorizing the 45 division to assess administrative fines for 46 noncompliance and requiring all fines to be deposited 47 into the General Revenue Fund; creating s. 569.313, 48 F.S.; prohibiting the sale, shipment, or distributing 49 of certain nicotine dispensing devices from being sold 50 for retail sale in this state; providing a criminal 51 penalty; authorizing the division to assess fines and 52 requiring all fines to be deposited into the General 53 Revenue Fund; creating s. 569.316, F.S.; requiring 54 persons or entities that seek to deal or sell certain 55 nicotine products to retail dealers to obtain a 56 wholesale nicotine products dealer permit; specifying 57 requirements and limitations regarding the issuance of 58 such permits; specifying conditions under which the 59 division may refuse to issue a permit; providing 60 requirements and limitations for permitholders; 61 providing that a wholesale dealer or a distributing 62 agent do not need separate or additional wholesale 63 nicotine products permit in this state; creating s. 64 569.317, F.S.; requiring wholesale nicotine products 65 dealer permitholders to purchase and sell for retail 66 sale only nicotine dispensing devices listed in the 67 divisions directory; authorizing the division to 68 suspend or revoke a permit if a violation is deemed to 69 have occurred; authorizing the division to assess 70 administrative penalties for violations and requiring 71 all fines to be deposited into the General Revenue 72 Fund; amending s. 569.32, F.S.; requiring that retail 73 nicotine products dealer permits be issued annually; 74 providing procedures for the renewal of permits; 75 requiring the division to levy a delinquent fee under 76 certain circumstances; requiring the division to adopt 77 by rule a certain procedure for the submittal of 78 applications; prohibiting the division from granting 79 exemptions from permit fees; making technical changes; 80 amending s. 569.33, F.S.; providing that holders of a 81 wholesale nicotine products dealer permit must consent 82 to certain inspections and searches without a warrant; 83 amending s. 569.34, F.S.; providing criminal penalties 84 for the unlawful sale or dealing of unlisted nicotine 85 dispensing devices; providing criminal penalties for 86 the unauthorized purchase of certain nicotine 87 dispensing devices; authorizing the division to 88 suspend or revoke a permit of a permitholder upon 89 sufficient cause of a violation of part II of ch. 569, 90 F.S.; authorizing the division to assess an 91 administrative penalty for violations and requiring 92 all fines to be deposited into the General Revenue 93 Fund; making technical changes; creating s. 569.345, 94 F.S.; providing for the seizure and destruction of 95 unlawful nicotine dispensing devices in accordance 96 with the Florida Contraband Forfeiture Act; requiring 97 a court with jurisdiction to take certain action; 98 requiring the division to maintain certain records; 99 requiring that costs be borne by the person who held 100 the seized products; creating s. 569.346, F.S.; 101 requiring certain manufacturers of nicotine dispensing 102 devices to appoint an agent for certain purposes; 103 requiring such manufacturers to provide certain 104 notice; appointing the Secretary of State as the agent 105 to manufacturers who have not appointed an agent; 106 amending s. 569.002, F.S.; conforming cross-references 107 to changes made by the act; providing an effective 108 date. 109 110 Be It Enacted by the Legislature of the State of Florida: 111 112 Section 1.Section 569.31, Florida Statutes, is reordered 113 and amended to read: 114 569.31Definitions.As used in this part, the term: 115 (2)(1)Dealer is synonymous with the term retail 116 nicotine products dealer. 117 (3)(2)Division means the Division of Alcoholic Beverages 118 and Tobacco of the Department of Business and Professional 119 Regulation. 120 (4)FDA means the United States Food and Drug 121 Administration. 122 (5)(3)Nicotine dispensing device means any product that 123 employs an electronic, chemical, or mechanical means to produce 124 vapor or aerosol from a nicotine product, including, but not 125 limited to, an electronic cigarette, electronic cigar, 126 electronic cigarillo, electronic pipe, or other similar device 127 or product, any replacement cartridge for such device, and any 128 other container of nicotine in a solution or other form intended 129 to be used with or within an electronic cigarette, electronic 130 cigar, electronic cigarillo, electronic pipe, or other similar 131 device or product. For purposes of this definition, each 132 individual stock keeping unit is considered a separate nicotine 133 dispensing device. 134 (6)(4)Nicotine product means any product that contains 135 nicotine, including liquid nicotine, which is intended for human 136 consumption, whether inhaled, chewed, absorbed, dissolved, or 137 ingested by any means. The term also includes any nicotine 138 dispensing device. The term does not include a: 139 (a)Tobacco product, as defined in s. 569.002; 140 (b)Product regulated as a drug or device by the United 141 States Food and Drug Administration under Chapter V of the 142 Federal Food, Drug, and Cosmetic Act; or 143 (c)Product that contains incidental nicotine. 144 (7)Nicotine product manufacturer means any person that 145 manufactures nicotine products. 146 (8)(5)Permit is synonymous with the term retail 147 nicotine products dealer permit. 148 (9)(6)Retail nicotine products dealer means the holder 149 of a retail nicotine products dealer permit. 150 (10)(7)Retail nicotine products dealer permit means a 151 permit issued by the division under s. 569.32. 152 (11)(8)Self-service merchandising means the open display 153 of nicotine products, whether packaged or otherwise, for direct 154 retail customer access and handling before purchase without the 155 intervention or assistance of the dealer or the dealers owner, 156 employee, or agent. An open display of such products and devices 157 includes the use of an open display unit. 158 (12)Sell or sale means in addition to its common usage 159 meaning, any sale, transfer, exchange, theft, barter, gift, or 160 offer for sale and distribution, in any manner or by any means 161 whatsoever. 162 (13)Timely filed premarket tobacco product application 163 means an application pursuant to 21 U.S.C. s. 387j for a 164 nicotine dispensing device containing nicotine derived from 165 tobacco marketed in the United States as of August 8, 2016, that 166 was submitted to the FDA on or before September 9, 2020, and 167 accepted for filing. 168 (14)Wholesale nicotine products dealer means the holder 169 of a wholesale nicotine products dealer permit who purchases 170 nicotine dispensing devices or nicotine products from any 171 nicotine product manufacturer. 172 (15)Wholesale nicotine products dealer permit means a 173 permit issued by the division under s. 569.316. 174 (1)(9)Any person under the age of 21 does not include 175 any person under the age of 21 who: 176 (a)Is in the military reserve or on active duty in the 177 Armed Forces of the United States; or 178 (b)Is acting in his or her scope of lawful employment. 179 Section 2.Section 569.311, Florida Statutes, is created to 180 read: 181 569.311Nicotine dispensing device directory. 182 (1)By December 1, 2024, and annually thereafter, every 183 nicotine product manufacturer that sells nicotine dispensing 184 devices to any person for eventual retail sale in this state 185 shall execute and deliver a form, prescribed by the division, 186 under penalty of perjury for each such nicotine dispensing 187 device sold that meets either of the following criteria: 188 (a)The manufacturer of a nicotine dispensing device has 189 submitted a timely filed premarket tobacco product application 190 for the nicotine dispensing device pursuant to 21 U.S.C. s. 387j 191 to the FDA, and the application either remains under review by 192 the FDA, or has received a marketing denial order that has been 193 and remains stayed by the FDA or court order, rescinded by the 194 FDA, or vacated by a court; or 195 (b)The nicotine product manufacturer has received a 196 marketing granted order under 21 U.S.C. s. 387j for the nicotine 197 dispensing device from the FDA. 198 (2)The form prescribed by the division pursuant to 199 subsection (1) must require each nicotine product manufacturer 200 to set forth the name under which the nicotine product 201 manufacturer transacts or intends to transact business, the 202 address of the location of the nicotine product manufacturers 203 principal place of business, the nicotine product manufacturers 204 e-mail address, and the brand name of the nicotine dispensing 205 device, the devices category (e.g., e-liquid, power unit, 206 device, e-liquid cartridge, e-liquid pod, disposable), the 207 devices name, and any flavor utilized with the device that is 208 sold in this state. The division may allow a nicotine product 209 manufacturer to group its nicotine dispensing devices on its 210 certification. 211 (3)In addition to completing the form prescribed by the 212 division pursuant to subsection (1), each nicotine product 213 manufacturer shall provide a copy of the cover page of the 214 granted marketing order issued by the FDA pursuant to 21 U.S.C. 215 s. 387j for each device; a copy of the acceptance letter issued 216 by the FDA pursuant to 21 U.S.C. s. 387j for a timely filed 217 premarket tobacco product application for each device; or a 218 document issued by the FDA or by a court confirming that the 219 premarket tobacco product application has been received and 220 denied, but the order is not yet in effect for each device. 221 (4)Any nicotine product manufacturer submitting a 222 certification pursuant to subsection (1) shall notify the 223 division within 30 days after any material change to the 224 certification, including, but not limited to, issuance by the 225 FDA of any of the following: 226 (a)A denial of a market authorization pursuant to 21 227 U.S.C. s. 387j; 228 (b)An order requiring a nicotine product manufacturer to 229 remove a nicotine dispensing device or nicotine product from the 230 market either temporarily or permanently; 231 (c)Any notice of action taken by the FDA affecting the 232 ability of the nicotine dispensing device to be introduced or 233 delivered in this state for commercial distribution; 234 (d)Any change in policy which results in a nicotine 235 dispensing device becoming an FDA enforcement priority; or 236 (e)Any other change deemed material by the division 237 pursuant to a rule of the division. 238 (5)The division shall develop and maintain a directory 239 listing all nicotine product manufacturers that sell nicotine 240 dispensing devices in this state and the nicotine dispensing 241 devices certified by those manufacturers with the division which 242 comply with this section. The division shall make the directory 243 available January 1, 2025, on its or the Department of Business 244 and Professional Regulations website. The division shall update 245 the directory as necessary. The division shall establish a 246 process to provide retailers, distributors, and wholesalers 247 notice of the initial publication of the directory and changes 248 made to the directory in the prior month. 249 (6)The division shall establish by rule a process to 250 provide a nicotine product manufacturer notice and an 251 opportunity to cure deficiencies before removing the 252 manufacturer or any of its nicotine dispensing devices from the 253 directory. 254 (a)The division may not remove the nicotine product 255 manufacturer or any of its nicotine dispensing devices from the 256 directory until at least 30 days after the nicotine product 257 manufacturer has been given notice of an intended action. Notice 258 is sufficient and deemed immediately received by a nicotine 259 product manufacturer if the notice is sent either electronically 260 or by facsimile to an e-mail address or facsimile number 261 provided by the nicotine product manufacturer in its most recent 262 certification filed under subsection (1). 263 (b)The nicotine product manufacturer has 15 days from the 264 date of service of the notice of the divisions intended action 265 to establish that the nicotine product manufacturer or any of 266 its nicotine dispensing devices should be included on the 267 directory. 268 (c)A determination by the division not to include or to 269 remove from the directory a nicotine product manufacturer or 270 nicotine dispensing device is subject to review under chapter 271 120. If a nicotine product manufacturer seeks review of removal 272 from the directory, the division must keep the nicotine 273 dispensing device on the directory until conclusion of the 274 hearing. 275 (d)If a nicotine dispensing device is removed from the 276 directory, each retailer and each wholesaler holding nicotine 277 dispensing devices for eventual sale to a consumer in this state 278 has 30 days from the day such product is removed from the 279 directory to sell the product or remove the product from its 280 inventory. After 30 days following removal from the directory, 281 the product identified in the notice of removal is contraband 282 and subject to s. 569.345. 283 (7)(a)Except as provided in subsections (b) and (c), 284 beginning March 1, 2025, or on the date that the division first 285 makes the directory available for public inspection on its or 286 the Department of Business and Professional Regulations 287 website, whichever is later, a nicotine product manufacturer 288 that offers for sale in this state a nicotine dispensing device 289 not listed on the directory is subject to a fine of $1,000 per 290 day for each individual nicotine dispensing device offered for 291 sale in violation of this section until the offending product is 292 removed from the market or until the offending product is 293 properly listed on the directory. 294 (b)Each retailer shall have 60 days from the date that the 295 division first makes the directory available for inspection on 296 its public website to sell products that were in its inventory 297 and not included on the directory or remove those products from 298 inventory. 299 (c)Each distributor or wholesaler shall have 60 days from 300 the date that the division first makes the directory available 301 for inspection on its public website to remove from inventory 302 those products intended for eventual retail sale to a consumer 303 in this state. 304 (8)A nicotine product manufacturer that falsely represents 305 any of the information required by subsection (1) or subsection 306 (2) commits a felony of the third degree for each false 307 representation, punishable as provided in s. 775.082 or s. 308 775.083. 309 (9)Each retail nicotine products dealer and wholesale 310 nicotine products dealer is subject to unannounced inspections 311 or audit checks by the division for purposes of enforcing this 312 section. The division shall conduct unannounced follow-up 313 compliance checks of all noncompliant retail nicotine products 314 dealers or wholesale nicotine products dealers within 30 days 315 after any violation of this section. The division shall publish 316 the results of all inspections or audits at least annually and 317 shall make the results available to the public on request. 318 (10)The division may establish by rule a procedure to 319 allow nicotine product manufacturers to renew certifications 320 without having to resubmit all the information required by this 321 section. 322 (11)The failure of a nicotine product manufacturer to 323 provide information or documents required by this section may 324 result in a nicotine dispensing device not being included on the 325 directory or the removal of a nicotine dispensing device from 326 the directory. The division may assess an administrative fine of 327 up to $1,000 for each nicotine dispensing device offered for 328 sale in this state if a nicotine product manufacturer fails to 329 provide notice to the division of a material change to its 330 certification within 30 days after that material change. The 331 division shall deposit all fines collected into the General 332 Revenue Fund. An order imposing an administrative fine becomes 333 effective 15 days after the date of the order. 334 Section 3.Section 569.312, Florida Statutes, is created to 335 read: 336 569.312Maintenance and inspection of nicotine dispensing 337 device records. 338 (1)Each nicotine product manufacturer that sells nicotine 339 dispensing devices in this state shall maintain and keep for a 340 period of 3 years, at the address listed on the certification 341 required pursuant to s. 569.311, a complete and accurate record 342 of the number of nicotine dispensing devices sold or delivered 343 to a wholesaler in this state and to whom each nicotine 344 dispensing device was sold on a wholesale basis, including the 345 business name, license number, shipping and business addresses, 346 e-mail address, and telephone number for the person or entity to 347 which each product was sold. Such records may be kept in an 348 electronic or paper format. 349 (2)Each retail nicotine products dealer; wholesale 350 nicotine product dealer; wholesale dealer, as defined in s. 351 210.01(6); and distributing agent, as defined in s. 210.01(14), 352 shall maintain and keep for a period of 3 years at its principal 353 place of business a complete and accurate record of the quantity 354 of each nicotine dispensing device received, delivered, or sold 355 in this state and to whom each nicotine dispensing device was 356 sold or delivered or from whom the business received each 357 nicotine dispensing device, including the business name, license 358 number, shipping and business addresses, e-mail address, and 359 telephone number for the person or entity to which each product 360 was sold or delivered or from which each product was received. 361 Such records may be kept in an electronic or paper format. 362 (3)Nicotine product manufacturers that sell nicotine 363 dispensing devices in this state; retail nicotine products 364 dealers; wholesale nicotine products dealers; wholesale dealers, 365 as defined in s. 210.01(6); and distributing agents, as defined 366 in s. 210.01(14), who sell or deliver nicotine dispensing 367 devices directly to consumers are not required to keep and 368 maintain the name, address, e-mail address, and telephone number 369 of consumers who purchase or receive nicotine dispensing 370 devices. 371 (4)Within 7 calendar days after receiving a request by the 372 division, a nicotine product manufacturer that sells nicotine 373 dispensing devices in this state, including a manufacturer 374 selling nicotine dispensing devices directly to consumers; a 375 retail nicotine products dealer; a wholesale nicotine products 376 dealer; a wholesale dealer, as defined in s. 210.01(6); and a 377 distributing agent, as defined in s. 210.01(14), shall provide 378 to the division or its duly authorized representative copies of 379 records related to the nicotine dispensing devices received, 380 delivered, or sold in this state and to whom those nicotine 381 dispensing devices were sold or delivered or from whom they were 382 received. 383 (5)The division, or a designated employee thereof, may 384 examine the records required to be maintained by each nicotine 385 product manufacturer, retail nicotine products dealer, wholesale 386 nicotine products dealer, wholesale dealer, as defined in s. 387 210.01(6), and distributing agent, as defined in s. 210.01(14); 388 issue subpoenas to such persons or entities; administer oaths; 389 and take depositions of witnesses within or outside of this 390 state. The civil law of this state regarding enforcing obedience 391 to a subpoena lawfully issued by a judge or other person duly 392 authorized to issue subpoenas under the laws of this state in 393 civil cases applies to a subpoena issued by the division, or any 394 designated employee thereof. The subpoena may be enforced by 395 writ of attachment issued by the division, or any designated 396 employee, for such witness to compel him or her to appear before 397 the division, or any designated employee, and give his or her 398 testimony and to bring and produce such records as may be 399 required for examination. The division, or any designated 400 employee, may bring an action against a witness who refuses to 401 appear or give testimony by citation before the circuit court, 402 which shall punish such witness for contempt as in cases of 403 refusal to obey the orders and process of the circuit court. The 404 division may in such cases pay such attendance and mileage fees 405 as are permitted to be paid to witnesses in civil cases 406 appearing before the circuit court. 407 (6)The division may assess an administrative fine of up to 408 $1,000 for each violation of this section. The division shall 409 deposit all fines collected into the General Revenue Fund. An 410 order imposing an administrative fine becomes effective 15 days 411 after the date of the order. 412 Section 4.Section 569.313, Florida Statutes, is created to 413 read: 414 569.313Shipment of unregistered nicotine dispensing 415 devices sold for retail sale in this state. 416 (1)A nicotine product manufacturer may not sell, ship, or 417 otherwise distribute a nicotine dispensing device in this state 418 for eventual retail sale to a consumer in this state for which: 419 (a)The FDA has entered an order requiring the nicotine 420 product manufacturer to remove the product from the market 421 either temporarily or permanently, which order has not been 422 stayed by the FDA or a court of competent jurisdiction; 423 (b)The nicotine product manufacturer has not submitted a 424 timely filed premarket tobacco product application for a 425 nicotine dispensing device that remains pending with the FDA; or 426 (c)The nicotine product manufacturer has not submitted the 427 certification required under this chapter for any of the 428 nicotine dispensing devices intended for eventual retail sale to 429 a consumer in this state. 430 (2)Any person who knowingly ships or receives nicotine 431 dispensing devices in violation of this section commits a 432 misdemeanor of the first degree, punishable as provided in s. 433 775.082 or s. 775.083. 434 (3)The division may also assess an administrative fine of 435 up to $5,000 for each violation. The division shall deposit all 436 fines collected into the General Revenue Fund. An order imposing 437 an administrative fine becomes effective 15 days after the date 438 of the order. 439 Section 5.Section 569.316, Florida Statutes, is created to 440 read: 441 569.316Wholesale nicotine products dealer permits; 442 application; qualifications; renewal; duplicates. 443 (1)(a)Each person, firm, association, or corporation that 444 seeks to deal, at wholesale, in nicotine products that will be 445 sold at retail within this state, or to sell nicotine products 446 or nicotine dispensing devices to any retail nicotine products 447 dealer who intends to sell those nicotine products in this 448 state, must obtain a wholesale nicotine products dealer permit 449 for each place of business or premises at which nicotine 450 products are sold. 451 (b)Application for a wholesale nicotine products dealer 452 permit must be made on a form furnished by the division and must 453 set forth the name under which the applicant transacts or 454 intends to transact business, the address of the location of the 455 applicants place of business, the applicants e-mail address, 456 and any other information the division requires. If the 457 applicant has or intends to have more than one place of business 458 dealing in nicotine products or nicotine dispensing devices, a 459 separate application must be made for each place of business. If 460 the applicant is a firm or an association, the application must 461 set forth the names, e-mail addresses, and addresses of the 462 persons constituting the firm or association. If the applicant 463 is a corporation, the application must set forth the names, e 464 mail addresses, and addresses of the principal officers of the 465 corporation. The application must also set forth any other 466 information prescribed by the division for the purpose of 467 identifying the applicant firm, association, or corporation. The 468 application must be signed and verified by oath or affirmation 469 by the owner, if a sole proprietor; if the owner is a firm, 470 association, or partnership, by the members or partners thereof; 471 or, if the owner is a corporation, by an executive officer of 472 the corporation or by a person authorized by the corporation to 473 sign the application, together with the written evidence of this 474 authority. 475 (2)(a)Wholesale nicotine products dealer permits may be 476 issued only to persons who are 21 years of age or older or to 477 corporations the officers of which are 21 years of age or older. 478 (b)The division may refuse to issue a wholesale nicotine 479 products dealer permit to any person, firm, association, or 480 corporation whose permit has been revoked by any jurisdiction; 481 to any corporation an officer of which has had such permit 482 revoked by any jurisdiction; or to any person who is or has been 483 an officer of a corporation whose permit has been revoked by any 484 jurisdiction. The division must revoke any wholesale nicotine 485 products dealer permit issued to a firm, an association, or a 486 corporation prohibited from obtaining such permit under this 487 chapter. 488 (3)Upon approval of an application for a wholesale 489 nicotine products dealer permit, the division shall issue to the 490 applicant a wholesale nicotine products dealer permit for the 491 place of business or premises specified in the application. A 492 wholesale nicotine products dealer permit is not assignable and 493 is valid only for the person in whose name the wholesale 494 nicotine products dealer permit is issued and for the place 495 designated in the wholesale nicotine products dealer permit. The 496 wholesale nicotine products dealer permit must be conspicuously 497 displayed at all times at the place for which it is issued. 498 (4)A wholesale dealer, as defined in s. 210.01(6), or a 499 distributing agent, as defined in s. 210.01(14), is not required 500 to have a separate or additional wholesale nicotine products 501 dealer permit to deal, at wholesale, in nicotine dispensing 502 devices within this state. A wholesale dealer, as defined in s. 503 210.01(6), a distributing agent, as defined in s. 210.01(14), or 504 a tobacco products distributor, as defined in s. 210.25(5), 505 which deals, at wholesale, in nicotine dispensing devices is 506 subject to, and must be in compliance with, this chapter. 507 Section 6.Section 569.317, Florida Statutes, is created to 508 read: 509 569.317Wholesale nicotine products dealer permitholder; 510 administrative penalties.A wholesale nicotine products dealer 511 permitholder may only purchase and sell for retail sale in this 512 state nicotine dispensing devices contained on the directory 513 created by the division pursuant to s. 569.311. The division may 514 suspend or revoke the wholesale nicotine products dealer permit 515 of a wholesale nicotine products dealer permitholder upon 516 sufficient cause appearing of a violation of this part by a 517 wholesale nicotine products dealer permitholder or its agent or 518 employee. The division may also assess an administrative fine of 519 up to $5,000 for each violation. The division shall deposit all 520 fines collected into the General Revenue Fund. An order imposing 521 an administrative fine becomes effective 15 days after the date 522 of the order. The division may suspend the imposition of a 523 penalty against a wholesale nicotine products dealer 524 permitholder, conditioned upon compliance with terms the 525 division considers appropriate. 526 Section 7.Section 569.32, Florida Statutes, is amended to 527 read: 528 569.32Retail nicotine products dealer permits; 529 application; qualifications; renewal; duplicates. 530 (1)(a)Each person, firm, association, or corporation that 531 seeks to deal, at retail, in nicotine products or nicotine 532 dispensing devices within this the state, or to allow a nicotine 533 products vending machine to be located on its premises in this 534 the state, must obtain a retail nicotine products dealer permit 535 for each place of business or premises at which nicotine 536 products or nicotine dispensing devices are sold. Each dealer 537 owning, leasing, furnishing, or operating vending machines 538 through which nicotine products are sold must obtain a permit 539 for each machine and shall post the permit in a conspicuous 540 place on or near the machine; however, if the dealer has more 541 than one vending machine at a single location or if nicotine 542 products or nicotine dispensing devices are sold both over the 543 counter and through a vending machine at a single location, the 544 dealer need obtain only one permit for that location. 545 (b)Application for a permit must be made on a form 546 furnished by the division and must set forth the name under 547 which the applicant transacts or intends to transact business, 548 the address of the location of the applicants place of business 549 within this the state, and any other information the division 550 requires. If the applicant has or intends to have more than one 551 place of business dealing in nicotine products or nicotine 552 dispensing devices within this the state, a separate application 553 must be made for each place of business. If the applicant is a 554 firm or an association, the application must set forth the names 555 and addresses of the persons constituting the firm or 556 association; if the applicant is a corporation, the application 557 must set forth the names and addresses of the principal officers 558 of the corporation. The application must also set forth any 559 other information prescribed by the division for the purpose of 560 identifying the applicant firm, association, or corporation. The 561 application must be signed and verified by oath or affirmation 562 by the owner, if a sole proprietor; or, if the owner is a firm, 563 association, or partnership, by the members or partners thereof; 564 or, if the owner is a corporation, by an executive officer of 565 the corporation or by a person authorized by the corporation to 566 sign the application, together with the written evidence of this 567 authority. 568 (c)Permits must be issued annually. 569 (d)The holder of a permit may renew the permit each year. 570 A dealer that does not timely renew its permit must pay a late 571 fee of $5 for each month or portion of a month occurring after 572 expiration, and before renewal, of the dealers permit. The 573 division shall establish by rule a renewal procedure that, to 574 the greatest extent feasible, combines the application and 575 permitting procedure for permits with the application and 576 licensing system for alcoholic beverages. 577 (e)The division may not grant an exemption from the permit 578 fees prescribed in this subsection for any applicant. 579 (2)(a)Permits may be issued only to persons who are 21 580 years of age or older or to corporations the officers of which 581 are 21 years of age or older. 582 (b)The division may refuse to issue a permit to any 583 person, firm, association, or corporation the permit of which 584 has been revoked by any jurisdiction; to any corporation an 585 officer of which has had his or her permit revoked by any 586 jurisdiction; or to any person who is or has been an officer of 587 a corporation the permit of which has been revoked by any 588 jurisdiction. Any permit issued to a firm, an association, or a 589 corporation prohibited from obtaining a permit under this 590 chapter must shall be revoked by the division. 591 (3)Upon approval of an application for a permit, the 592 division shall issue to the applicant a permit for the place of 593 business or premises specified in the application. A permit is 594 not assignable and is valid only for the person in whose name 595 the permit is issued and for the place designated in the permit. 596 The permit must shall be conspicuously displayed at all times at 597 the place for which issued. 598 Section 8.Section 569.33, Florida Statutes, is amended to 599 read: 600 569.33Consent to inspection and search without warrant.An 601 applicant for a retail nicotine products dealer permit or a 602 wholesale nicotine products dealer permit, by accepting the 603 permit when issued, agrees that the place or premises covered by 604 the permit is subject to inspection and search without a search 605 warrant by the division or its authorized assistants, and by 606 sheriffs, deputy sheriffs, or police officers, to determine 607 compliance with this part. 608 Section 9.Section 569.34, Florida Statutes, is amended to 609 read: 610 569.34Operating without a retail nicotine products dealer 611 permit; penalty. 612 (1)It is unlawful for a person, a firm, an association, or 613 a corporation to deal, at retail, in nicotine products, in any 614 manner, or to allow a nicotine products vending machine to be 615 located on its premises, without having a retail nicotine 616 product dealer permit as required by s. 569.32. A person who 617 violates this subsection section commits a noncriminal 618 violation, punishable by a fine of not more than $500. 619 (2)A retail tobacco products dealer, as defined in s. 620 569.002(4), is not required to have a separate or additional 621 retail nicotine products dealer permit to deal, at retail, in 622 nicotine products within this the state, or allow a nicotine 623 products vending machine to be located on its premises in this 624 the state. Any retail tobacco products dealer that deals, at 625 retail, in nicotine products or allows a nicotine products 626 vending machine to be located on its premises in this the state, 627 is subject to, and must be in compliance with, this part. 628 (3)Any person who violates subsection (1) must this 629 section shall be cited for such infraction and must shall be 630 cited to appear before the county court. The citation may 631 indicate the time, date, and location of the scheduled hearing 632 and must indicate that the penalty for a noncriminal violation 633 is a fine of not more than $500. 634 (a)A person cited for a violation of subsection (1) for an 635 infraction under this section may: 636 1.Post a $500 bond; or 637 2.Sign and accept the citation indicating a promise to 638 appear. 639 (b)A person cited for violating this section may: 640 1.Pay the fine, either by mail or in person, within 10 641 days after receiving the citation; or 642 2.If the person has posted bond, forfeit the bond by not 643 appearing at the scheduled hearing. 644 (c)If the person pays the fine or forfeits bond, the 645 person is deemed to have admitted violating this section and to 646 have waived the right to a hearing on the issue of commission of 647 the violation. Such admission may not be used as evidence in any 648 other proceeding. 649 (d)The court, after a hearing, shall make a determination 650 as to whether an infraction has been committed. If the 651 commission of an infraction has been proven beyond a reasonable 652 doubt, the court may impose a civil penalty in an amount that 653 may not exceed $500. 654 (e)If a person is found by the court to have committed the 655 infraction, that person may appeal that finding to the circuit 656 court. 657 (4)On or after March 1, 2025, it is unlawful for a person, 658 a firm, an association, or a corporation in this state to deal, 659 at retail, in nicotine dispensing devices that are not listed on 660 the directory created pursuant to s. 569.311. Any person who 661 knowingly ships or receives nicotine dispensing devices in 662 violation of this section commits a misdemeanor of the second 663 degree, punishable as provided in s. 775.082 or s. 775.083. 664 (5)On or after January 1, 2025, it is unlawful for a 665 retail nicotine products dealer in this state, other than a 666 nicotine product manufacturer that also is permitted as a retail 667 nicotine products dealer in this state and is selling its own 668 products directly to consumers, to buy nicotine dispensing 669 devices from a wholesaler, manufacturer, or other source that is 670 not a wholesale nicotine products dealer permitholder, a 671 wholesale dealer, as defined in s. 210.01(6), a distributing 672 agent, as defined in s. 210.01(14), or a tobacco products 673 distributor, as defined in s. 210.25(5). Any person who 674 knowingly ships or receives nicotine dispensing devices in 675 violation of this section commits a misdemeanor of the second 676 degree, punishable as provided in s. 775.082 or s. 775.083. 677 (6)The division may suspend or revoke the permit of a 678 retail nicotine products dealer permitholder upon sufficient 679 cause appearing of a violation of this part by a retail nicotine 680 products dealer permitholder, or its agent or employee. The 681 division may also assess an administrative fine of up to $1,000 682 for each violation. The division shall deposit all fines 683 collected into the General Revenue Fund. An order imposing an 684 administrative fine becomes effective 15 days after the date of 685 the order. 686 Section 10.Section 569.345, Florida Statutes, is created 687 to read: 688 569.345Seizure and destruction of contraband nicotine 689 dispensing devices.All nicotine dispensing devices sold, 690 delivered, possessed, or distributed contrary to any provision 691 of this chapter are declared to be contraband, are subject to 692 seizure and confiscation under the Florida Contraband Forfeiture 693 Act by any person whose duty it is to enforce the provisions of 694 this chapter, and must be disposed of as follows: 695 (1)A court having jurisdiction shall order such nicotine 696 dispensing devices forfeited and destroyed. A record of the 697 place where such nicotine dispensing devices were seized, the 698 kinds and quantities of nicotine dispensing devices destroyed, 699 and the time, place, and manner of destruction must be kept, and 700 a return under oath reporting the destruction must be made to 701 the court by the officer who destroys them. 702 (2)The division shall keep a full and complete record of 703 all nicotine dispensing devices showing: 704 (a)The exact kinds, quantities, and forms of such nicotine 705 dispensing devices; 706 (b)The persons from whom they were received and to whom 707 they were delivered; 708 (c)By whose authority they were received, delivered, and 709 destroyed; and 710 (d)The dates of the receipt, disposal, or destruction, 711 which record must be open to inspection by all persons charged 712 with the enforcement of tobacco and nicotine product laws. 713 (3)The cost of seizure, confiscation, and destruction of 714 contraband nicotine dispensing devices is borne by the person 715 from whom such products are seized. 716 Section 11.Section 569.346, Florida Statutes, is created 717 to read: 718 569.346Agent for service of process. 719 (1)Any nonresident manufacturer of nicotine dispensing 720 devices that has not registered to do business in the state as a 721 foreign corporation or business entity shall, as a condition 722 precedent to being included on the directory created in this 723 chapter, appoint and continually engage without interruption the 724 services of an agent in this state to act as agent for the 725 service of process on whom all process, and any action or 726 proceeding against it concerning or arising out of the 727 enforcement of this chapter, may be served in any manner 728 authorized by law. Such service shall constitute legal and valid 729 service of process on the manufacturer. The manufacturer shall 730 provide the name, address, telephone number, and proof of the 731 appointment and availability of such agent to the division. 732 (2)The manufacturer shall provide notice to the division 733 30 calendar days before termination of the authority of an agent 734 and shall further provide proof to the satisfaction of the 735 division of the appointment of a new agent no less than 5 736 calendar days before the termination of an existing agent 737 appointment. In the event an agent terminates an agency 738 appointment, the manufacturer shall notify the division of the 739 termination within 5 calendar days and shall include proof to 740 the satisfaction of the division of the appointment of a new 741 agent. 742 (3)Any manufacturer whose nicotine dispensing devices are 743 sold in this state who has not appointed and engaged the 744 services of an agent as required by this section shall be deemed 745 to have appointed the Secretary of State as its agent for 746 service of process. The appointment of the Secretary of State as 747 agent shall not satisfy the condition precedent required in 748 subsection (1) of this subsection to be included or retained on 749 the directory. 750 Section 12.Subsections (3) and (4) of section 569.002, 751 Florida Statutes, are amended to read: 752 569.002Definitions.As used in this part, the term: 753 (3)Nicotine product has the same meaning as provided in 754 s. 569.31 s. 569.31(4). 755 (4)Nicotine dispensing device has the same meaning as 756 provided in s. 569.31 s. 569.31(3). 757 Section 13.This act shall take effect October 1, 2024.