Florida Senate - 2024 CS for CS for SB 1006 By the Appropriations Committee on Agriculture, Environment, and General Government; the Committee on Regulated Industries; and Senator Perry 601-03516-24 20241006c2 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 does not need separate or additional wholesale 63 nicotine products permits 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 either: 164 (a)An application pursuant to 21 U.S.C. s. 387j for a 165 nicotine dispensing device containing or utilizing nicotine 166 derived from tobacco marketed in the United States as of August 167 8, 2016, which was submitted to the FDA on or before September 168 9, 2020, and accepted for filing; or 169 (b)An application pursuant to 21 U.S.C. s. 387j for a 170 nicotine dispensing device containing or utilizing nicotine 171 derived from a non-tobacco source that is not a single use or 172 disposable electronic cigarette, an electronic cigar, an 173 electronic cigarillo, an electronic pipe, or other similar 174 device and that does not use a sealed, prefilled, and disposable 175 cartridge of nicotine in a solution. 176 (14)Wholesale nicotine products dealer means the holder 177 of a wholesale nicotine products dealer permit who purchases 178 nicotine dispensing devices or nicotine products from any 179 nicotine product manufacturer. 180 (15)Wholesale nicotine products dealer permit means a 181 permit issued by the division under s. 569.316. 182 (1)(9)Any person under the age of 21 does not include 183 any person under the age of 21 who: 184 (a)Is in the military reserve or on active duty in the 185 Armed Forces of the United States; or 186 (b)Is acting in his or her scope of lawful employment. 187 Section 2.Section 569.311, Florida Statutes, is created to 188 read: 189 569.311Nicotine dispensing device directory. 190 (1)By December 1, 2024, and annually thereafter, every 191 nicotine product manufacturer that sells nicotine dispensing 192 devices to any person for eventual retail sale in this state 193 shall execute and deliver a form, prescribed by the division, 194 under penalty of perjury for each such nicotine dispensing 195 device sold that meets either of the following criteria: 196 (a)The manufacturer of a nicotine dispensing device has 197 submitted a timely filed premarket tobacco product application 198 for the nicotine dispensing device pursuant to 21 U.S.C. s. 387j 199 and remains stayed by a court order, or the manufacturer has 200 filed a timely request for supervisory review with the FDA which 201 remains under review, or the order has been rescinded by the FDA 202 or vacated by a court; or 203 (b)The nicotine product manufacturer has received a 204 marketing granted order under 21 U.S.C. s. 387j for the nicotine 205 dispensing device from the FDA. 206 (2)The form prescribed by the division pursuant to 207 subsection (1) must require each nicotine product manufacturer 208 to set forth the name under which the nicotine product 209 manufacturer transacts or intends to transact business, the 210 address of the location of the nicotine product manufacturers 211 principal place of business, the nicotine product manufacturers 212 e-mail address, and the brand name of the nicotine dispensing 213 device, the devices category (e.g., e-liquid, power unit, 214 device, e-liquid cartridge, e-liquid pod, disposable), the 215 devices name, and any flavor utilized with the device that is 216 sold in this state. The division may allow a nicotine product 217 manufacturer to group its nicotine dispensing devices on its 218 certification. 219 (3)In addition to completing the form prescribed by the 220 division pursuant to subsection (1), each nicotine product 221 manufacturer shall provide a copy of the cover page of the 222 granted marketing order issued by the FDA pursuant to 21 U.S.C. 223 s. 387j for each device; a copy of the acceptance letter issued 224 by the FDA pursuant to 21 U.S.C. s. 387j for a timely filed 225 premarket tobacco product application for each device; or a 226 document issued by the FDA or by a court confirming that the 227 premarket tobacco product application has been received and 228 denied, but the order is not yet in effect for each device. 229 (4)Any nicotine product manufacturer submitting a 230 certification pursuant to subsection (1) shall notify the 231 division within 30 days after any material change to the 232 certification, including, but not limited to, issuance by the 233 FDA of any of the following: 234 (a)A denial of a market authorization pursuant to 21 235 U.S.C. s. 387j; 236 (b)An order requiring a nicotine product manufacturer to 237 remove a nicotine dispensing device or nicotine product from the 238 market either temporarily or permanently; 239 (c)Any notice of action taken by the FDA affecting the 240 ability of the nicotine dispensing device to be introduced or 241 delivered in this state for commercial distribution; 242 (d)Any change in policy which results in a nicotine 243 dispensing device becoming an FDA enforcement priority; or 244 (e)Any other change deemed material by the division 245 pursuant to a rule of the division. 246 (5)The division shall develop and maintain a directory 247 listing all nicotine product manufacturers that sell nicotine 248 dispensing devices in this state and the nicotine dispensing 249 devices certified by those manufacturers with the division which 250 comply with this section. The division shall make the directory 251 available January 1, 2025, on its or the Department of Business 252 and Professional Regulations website. The division shall update 253 the directory as necessary. The division shall establish a 254 process to provide retailers, distributors, and wholesalers 255 notice of the initial publication of the directory and changes 256 made to the directory in the prior month. 257 (6)The division shall establish by rule a process to 258 provide a nicotine product manufacturer notice and an 259 opportunity to cure deficiencies before removing the 260 manufacturer or any of its nicotine dispensing devices from the 261 directory. 262 (a)The division may not remove the nicotine product 263 manufacturer or any of its nicotine dispensing devices from the 264 directory until at least 30 days after the nicotine product 265 manufacturer has been given notice of an intended action. Notice 266 is sufficient and deemed immediately received by a nicotine 267 product manufacturer if the notice is sent either electronically 268 or by facsimile to an e-mail address or facsimile number 269 provided by the nicotine product manufacturer in its most recent 270 certification filed under subsection (1). 271 (b)The nicotine product manufacturer has 15 days from the 272 date of service of the notice of the divisions intended action 273 to establish that the nicotine product manufacturer or any of 274 its nicotine dispensing devices must be included on the 275 directory. 276 (c)A determination by the division not to include or to 277 remove a nicotine product manufacturer or nicotine dispensing 278 device from the directory is subject to review under chapter 279 120. If a nicotine product manufacturer seeks review of removal 280 from the directory, the division must keep the nicotine 281 dispensing device on the directory until entry of a final order. 282 (d)If a nicotine dispensing device is removed from the 283 directory, each retailer and each wholesaler holding nicotine 284 dispensing devices for eventual sale to a consumer in this state 285 has 30 days from the day such product is removed from the 286 directory to sell the product or remove the product from its 287 inventory. After 30 days following removal from the directory, 288 the product identified in the notice of removal is contraband 289 and subject to s. 569.345. 290 (7)(a)Except as provided in subsections (b) and (c), 291 beginning March 1, 2025, or on the date that the division first 292 makes the directory available for public inspection on its or 293 the Department of Business and Professional Regulations 294 website, whichever is later, a nicotine product manufacturer 295 that offers for sale in this state a nicotine dispensing device 296 not listed on the directory is subject to a fine of $1,000 per 297 day for each individual nicotine dispensing device offered for 298 sale in violation of this section until the offending product is 299 removed from the market or until the offending product is 300 properly listed on the directory. 301 (b)Each retailer shall have 60 days from the date that the 302 division first makes the directory available for inspection on 303 its public website to sell products that were in its inventory 304 and not included on the directory or remove those products from 305 inventory. 306 (c)Each distributor or wholesaler shall have 60 days from 307 the date that the division first makes the directory available 308 for inspection on its public website to remove from inventory 309 those products intended for eventual retail sale to a consumer 310 in this state. 311 (8)A nicotine product manufacturer that falsely represents 312 any of the information required by subsection (1) or subsection 313 (2) commits a felony of the third degree for each false 314 representation, punishable as provided in s. 775.082 or s. 315 775.083. 316 (9)Each retail nicotine products dealer and wholesale 317 nicotine products dealer is subject to unannounced inspections 318 or audit checks by the division for purposes of enforcing this 319 section. The division shall conduct unannounced follow-up 320 compliance checks of all noncompliant retail nicotine products 321 dealers or wholesale nicotine products dealers within 30 days 322 after any violation of this section. The division shall publish 323 the results of all inspections or audits at least annually and 324 shall make the results available to the public on request. 325 (10)The division may establish by rule a procedure to 326 allow nicotine product manufacturers to renew certifications 327 without having to resubmit all the information required by this 328 section. 329 (11)The failure of a nicotine product manufacturer to 330 provide information or documents required by this section may 331 result in a nicotine dispensing device not being included on the 332 directory or the removal of a nicotine dispensing device from 333 the directory. The division may assess an administrative fine of 334 up to $1,000 for each nicotine dispensing device offered for 335 sale in this state if a nicotine product manufacturer fails to 336 provide notice to the division of a material change to its 337 certification within 30 days after that material change. The 338 division shall deposit all fines collected into the General 339 Revenue Fund. An order imposing an administrative fine becomes 340 effective 15 days after the date of the order. 341 Section 3.Section 569.312, Florida Statutes, is created to 342 read: 343 569.312Maintenance and inspection of nicotine dispensing 344 device records. 345 (1)Each nicotine product manufacturer that sells nicotine 346 dispensing devices in this state shall maintain and keep for a 347 period of 3 years, at the address listed on the certification 348 required pursuant to s. 569.311, a complete and accurate record 349 of the number of nicotine dispensing devices sold or delivered 350 to a wholesaler in this state and to which each nicotine 351 dispensing device was sold on a wholesale basis, including the 352 business name, license number, shipping and business addresses, 353 e-mail address, and telephone number for the person or entity to 354 which each product was sold. Such records may be kept in an 355 electronic or paper format. 356 (2)Each retail nicotine products dealer; wholesale 357 nicotine product dealer; wholesale dealer, as defined in s. 358 210.01(6); and distributing agent, as defined in s. 210.01(14), 359 shall maintain and keep for a period of 3 years at its principal 360 place of business a complete and accurate record of the quantity 361 of each nicotine dispensing device received, delivered, or sold 362 in this state and to which each nicotine dispensing device was 363 sold or delivered or from which the business received each 364 nicotine dispensing device, including the business name, license 365 number, shipping and business addresses, e-mail address, and 366 telephone number for the person or entity to which each product 367 was sold or delivered or from which each product was received. 368 Such records may be kept in an electronic or paper format. 369 (3)Nicotine product manufacturers that sell nicotine 370 dispensing devices in this state; retail nicotine products 371 dealers; wholesale nicotine products dealers; wholesale dealers, 372 as defined in s. 210.01(6); and distributing agents, as defined 373 in s. 210.01(14), who sell or deliver nicotine dispensing 374 devices directly to consumers are not required to keep and 375 maintain the name, address, e-mail address, and telephone number 376 of consumers who purchase or receive nicotine dispensing 377 devices. 378 (4)Within 7 calendar days after receiving a request by the 379 division, a nicotine product manufacturer that sells nicotine 380 dispensing devices in this state, including a manufacturer 381 selling nicotine dispensing devices directly to consumers; a 382 retail nicotine products dealer; a wholesale nicotine products 383 dealer; a wholesale dealer, as defined in s. 210.01(6); and a 384 distributing agent, as defined in s. 210.01(14), shall provide 385 to the division or its duly authorized representative copies of 386 records related to the nicotine dispensing devices received, 387 delivered, or sold in this state and to which those nicotine 388 dispensing devices were sold or delivered or from which they 389 were received. 390 (5)The division, or a designated employee thereof, may 391 examine the records required to be maintained by each nicotine 392 product manufacturer, retail nicotine products dealer, wholesale 393 nicotine products dealer, wholesale dealer, as defined in s. 394 210.01(6), and distributing agent, as defined in s. 210.01(14); 395 issue subpoenas to such persons or entities; administer oaths; 396 and take depositions of witnesses within or outside of this 397 state. The civil law of this state regarding enforcing obedience 398 to a subpoena lawfully issued by a judge or other person duly 399 authorized to issue subpoenas under the laws of this state in 400 civil cases applies to a subpoena issued by the division, or any 401 designated employee thereof. The subpoena may be enforced by 402 writ of attachment issued by the division, or any designated 403 employee, for such witness to compel him or her to appear before 404 the division, or any designated employee, and give his or her 405 testimony and to bring and produce such records as may be 406 required for examination. The division, or any designated 407 employee, may bring an action against a witness who refuses to 408 appear or give testimony by citation before the circuit court, 409 which shall punish such witness for contempt as in cases of 410 refusal to obey the orders and process of the circuit court. The 411 division may in such cases pay such attendance and mileage fees 412 as are permitted to be paid to witnesses in civil cases 413 appearing before the circuit court. 414 (6)The division may assess an administrative fine of up to 415 $1,000 for each violation of this section. The division shall 416 deposit all fines collected into the General Revenue Fund. An 417 order imposing an administrative fine becomes effective 15 days 418 after the date of the order. 419 Section 4.Section 569.313, Florida Statutes, is created to 420 read: 421 569.313Shipment of unregistered nicotine dispensing 422 devices sold for retail sale in this state. 423 (1)A nicotine product manufacturer may not sell, ship, or 424 otherwise distribute a nicotine dispensing device in this state 425 for eventual retail sale to a consumer in this state for which: 426 (a)The FDA has entered an order requiring the nicotine 427 product manufacturer to remove the product from the market 428 either temporarily or permanently, which order has not been 429 stayed by the FDA or a court of competent jurisdiction; 430 (b)The nicotine product manufacturer has not submitted a 431 timely filed premarket tobacco product application for the 432 nicotine dispensing device; 433 (c)The nicotine product manufacturers timely filed 434 premarket tobacco product application for the nicotine 435 dispensing device is no longer pending because it was not 436 accepted by the FDA, it was denied by the FDA, or it is subject 437 to any other order or action by the FDA or any court that 438 negatively affects the ability of the product to be introduced 439 or delivered into interstate commerce for commercial 440 distribution in the United States; or 441 (d)The nicotine product manufacturer has not submitted the 442 certification required under this chapter for any of the 443 nicotine dispensing devices intended for eventual retail sale to 444 a consumer in this state. 445 (2)Any person who knowingly ships or receives nicotine 446 dispensing devices in violation of this section commits a 447 misdemeanor of the first degree, punishable as provided in s. 448 775.082 or s. 775.083. 449 (3)The division may also assess an administrative fine of 450 up to $5,000 for each violation. The division shall deposit all 451 fines collected into the General Revenue Fund. An order imposing 452 an administrative fine becomes effective 15 days after the date 453 of the order. 454 Section 5.Section 569.316, Florida Statutes, is created to 455 read: 456 569.316Wholesale nicotine products dealer permits; 457 application; qualifications; renewal; duplicates. 458 (1)(a)Each person, firm, association, or corporation that 459 seeks to deal, at wholesale, in nicotine products that will be 460 sold at retail within this state, or to sell nicotine products 461 or nicotine dispensing devices to any retail nicotine products 462 dealer who intends to sell those nicotine products in this 463 state, must obtain a wholesale nicotine products dealer permit 464 for each place of business or premises at which nicotine 465 products are sold. 466 (b)Application for a wholesale nicotine products dealer 467 permit must be made on a form furnished by the division and must 468 set forth the name under which the applicant transacts or 469 intends to transact business, the address of the location of the 470 applicants place of business, the applicants e-mail address, 471 and any other information the division requires. If the 472 applicant has or intends to have more than one place of business 473 dealing in nicotine products or nicotine dispensing devices, a 474 separate application must be made for each place of business. If 475 the applicant is a firm or an association, the application must 476 set forth the names, e-mail addresses, and addresses of the 477 persons constituting the firm or association. If the applicant 478 is a corporation, the application must set forth the names, e 479 mail addresses, and addresses of the principal officers of the 480 corporation. The application must also set forth any other 481 information prescribed by the division for the purpose of 482 identifying the applicant firm, association, or corporation. The 483 application must be signed and verified by oath or affirmation 484 by the owner, if a sole proprietor; if the owner is a firm, 485 association, or partnership, by the members or partners thereof; 486 or, if the owner is a corporation, by an executive officer of 487 the corporation or by a person authorized by the corporation to 488 sign the application, together with the written evidence of this 489 authority. 490 (2)(a)Wholesale nicotine products dealer permits may be 491 issued only to persons who are 21 years of age or older or to 492 corporations the officers of which are 21 years of age or older. 493 (b)The division may refuse to issue a wholesale nicotine 494 products dealer permit to any person, firm, association, or 495 corporation whose permit has been revoked by any jurisdiction; 496 to any corporation an officer of which has had such permit 497 revoked by any jurisdiction; or to any person who is or has been 498 an officer of a corporation whose permit has been revoked by any 499 jurisdiction. The division must revoke any wholesale nicotine 500 products dealer permit issued to a firm, an association, or a 501 corporation prohibited from obtaining such permit under this 502 chapter. 503 (3)Upon approval of an application for a wholesale 504 nicotine products dealer permit, the division shall issue to the 505 applicant a wholesale nicotine products dealer permit for the 506 place of business or premises specified in the application. A 507 wholesale nicotine products dealer permit is not assignable and 508 is valid only for the person in whose name the wholesale 509 nicotine products dealer permit is issued and for the place 510 designated in the wholesale nicotine products dealer permit. The 511 wholesale nicotine products dealer permit must be conspicuously 512 displayed at all times at the place for which it is issued. 513 (4)A wholesale dealer, as defined in s. 210.01(6), or a 514 distributing agent, as defined in s. 210.01(14), is not required 515 to have a separate or additional wholesale nicotine products 516 dealer permit to deal, at wholesale, in nicotine dispensing 517 devices within this state. A wholesale dealer, as defined in s. 518 210.01(6), a distributing agent, as defined in s. 210.01(14), or 519 a tobacco products distributor, as defined in s. 210.25(5), 520 which deals, at wholesale, in nicotine dispensing devices is 521 subject to, and must be in compliance with, this chapter. 522 Section 6.Section 569.317, Florida Statutes, is created to 523 read: 524 569.317Wholesale nicotine products dealer permitholder; 525 administrative penalties.A wholesale nicotine products dealer 526 permitholder may only purchase and sell for retail sale in this 527 state nicotine dispensing devices contained on the directory 528 created by the division pursuant to s. 569.311. The division may 529 suspend or revoke the wholesale nicotine products dealer permit 530 of a wholesale nicotine products dealer permitholder upon 531 sufficient cause appearing of a violation of this part by a 532 wholesale nicotine products dealer permitholder or its agent or 533 employee. The division may also assess an administrative fine of 534 up to $5,000 for each violation. The division shall deposit all 535 fines collected into the General Revenue Fund. An order imposing 536 an administrative fine becomes effective 15 days after the date 537 of the order. The division may suspend the imposition of a 538 penalty against a wholesale nicotine products dealer 539 permitholder, conditioned upon compliance with terms the 540 division considers appropriate. 541 Section 7.Section 569.32, Florida Statutes, is amended to 542 read: 543 569.32Retail nicotine products dealer permits; 544 application; qualifications; renewal; duplicates. 545 (1)(a)Each person, firm, association, or corporation that 546 seeks to deal, at retail, in nicotine products or nicotine 547 dispensing devices within this the state, or to allow a nicotine 548 products vending machine to be located on its premises in this 549 the state, must obtain a retail nicotine products dealer permit 550 for each place of business or premises at which nicotine 551 products or nicotine dispensing devices are sold. Each dealer 552 owning, leasing, furnishing, or operating vending machines 553 through which nicotine products are sold must obtain a permit 554 for each machine and shall post the permit in a conspicuous 555 place on or near the machine; however, if the dealer has more 556 than one vending machine at a single location or if nicotine 557 products or nicotine dispensing devices are sold both over the 558 counter and through a vending machine at a single location, the 559 dealer need obtain only one permit for that location. 560 (b)Application for a permit must be made on a form 561 furnished by the division and must set forth the name under 562 which the applicant transacts or intends to transact business, 563 the address of the location of the applicants place of business 564 within this the state, and any other information the division 565 requires. If the applicant has or intends to have more than one 566 place of business dealing in nicotine products or nicotine 567 dispensing devices within this the state, a separate application 568 must be made for each place of business. If the applicant is a 569 firm or an association, the application must set forth the names 570 and addresses of the persons constituting the firm or 571 association; if the applicant is a corporation, the application 572 must set forth the names and addresses of the principal officers 573 of the corporation. The application must also set forth any 574 other information prescribed by the division for the purpose of 575 identifying the applicant firm, association, or corporation. The 576 application must be signed and verified by oath or affirmation 577 by the owner, if a sole proprietor; or, if the owner is a firm, 578 association, or partnership, by the members or partners thereof; 579 or, if the owner is a corporation, by an executive officer of 580 the corporation or by a person authorized by the corporation to 581 sign the application, together with the written evidence of this 582 authority. 583 (c)Permits must be issued annually. 584 (d)The holder of a permit may renew the permit each year. 585 A dealer that does not timely renew its permit must pay a late 586 fee of $5 for each month or portion of a month occurring after 587 expiration, and before renewal, of the dealers permit. The 588 division shall establish by rule a renewal procedure. 589 (e)The division may not grant an exemption from the permit 590 fees prescribed in this subsection for any applicant. 591 (2)(a)Permits may be issued only to persons who are 21 592 years of age or older or to corporations the officers of which 593 are 21 years of age or older. 594 (b)The division may refuse to issue a permit to any 595 person, firm, association, or corporation the permit of which 596 has been revoked by any jurisdiction; to any corporation an 597 officer of which has had his or her permit revoked by any 598 jurisdiction; or to any person who is or has been an officer of 599 a corporation the permit of which has been revoked by any 600 jurisdiction. Any permit issued to a firm, an association, or a 601 corporation prohibited from obtaining a permit under this 602 chapter must shall be revoked by the division. 603 (3)Upon approval of an application for a permit, the 604 division shall issue to the applicant a permit for the place of 605 business or premises specified in the application. A permit is 606 not assignable and is valid only for the person in whose name 607 the permit is issued and for the place designated in the permit. 608 The permit must shall be conspicuously displayed at all times at 609 the place for which issued. 610 Section 8.Section 569.33, Florida Statutes, is amended to 611 read: 612 569.33Consent to inspection and search without warrant.An 613 applicant for a retail nicotine products dealer permit or a 614 wholesale nicotine products dealer permit, by accepting the 615 permit when issued, agrees that the place or premises covered by 616 the permit is subject to inspection and search without a search 617 warrant by the division or its authorized assistants, and by 618 sheriffs, deputy sheriffs, or police officers, to determine 619 compliance with this part. 620 Section 9.Section 569.34, Florida Statutes, is amended to 621 read: 622 569.34Operating without a retail nicotine products dealer 623 permit; penalty. 624 (1)It is unlawful for a person, a firm, an association, or 625 a corporation to deal, at retail, in nicotine products, in any 626 manner, or to allow a nicotine products vending machine to be 627 located on its premises, without having a retail nicotine 628 product dealer permit as required by s. 569.32. A person who 629 violates this subsection section commits a noncriminal 630 violation, punishable by a fine of not more than $500. 631 (2)A retail tobacco products dealer, as defined in s. 632 569.002(4), is not required to have a separate or additional 633 retail nicotine products dealer permit to deal, at retail, in 634 nicotine products within this the state, or allow a nicotine 635 products vending machine to be located on its premises in this 636 the state. Any retail tobacco products dealer that deals, at 637 retail, in nicotine products or allows a nicotine products 638 vending machine to be located on its premises in this the state, 639 is subject to, and must be in compliance with, this part. 640 (3)Any person who violates subsection (1) must this 641 section shall be cited for such infraction and must shall be 642 cited to appear before the county court. The citation may 643 indicate the time, date, and location of the scheduled hearing 644 and must indicate that the penalty for a noncriminal violation 645 is a fine of not more than $500. 646 (a)A person cited for a violation of subsection (1) for an 647 infraction under this section may: 648 1.Post a $500 bond; or 649 2.Sign and accept the citation indicating a promise to 650 appear. 651 (b)A person cited for violating this section may: 652 1.Pay the fine, either by mail or in person, within 10 653 days after receiving the citation; or 654 2.If the person has posted bond, forfeit the bond by not 655 appearing at the scheduled hearing. 656 (c)If the person pays the fine or forfeits bond, the 657 person is deemed to have admitted violating this section and to 658 have waived the right to a hearing on the issue of commission of 659 the violation. Such admission may not be used as evidence in any 660 other proceeding. 661 (d)The court, after a hearing, shall make a determination 662 as to whether an infraction has been committed. If the 663 commission of an infraction has been proven beyond a reasonable 664 doubt, the court may impose a civil penalty in an amount that 665 may not exceed $500. 666 (e)If a person is found by the court to have committed the 667 infraction, that person may appeal that finding to the circuit 668 court. 669 (4)On or after March 1, 2025, it is unlawful for a person, 670 a firm, an association, or a corporation in this state to deal, 671 at retail, in nicotine dispensing devices that are not listed on 672 the directory created pursuant to s. 569.311. Any person who 673 knowingly ships or receives nicotine dispensing devices in 674 violation of this section commits a misdemeanor of the second 675 degree, punishable as provided in s. 775.082 or s. 775.083. 676 (5)On or after January 1, 2025, it is unlawful for a 677 retail nicotine products dealer in this state, other than a 678 nicotine product manufacturer that also is permitted as a retail 679 nicotine products dealer in this state and is selling its own 680 products directly to consumers, to buy nicotine dispensing 681 devices from a wholesaler, manufacturer, or other source that is 682 not a wholesale nicotine products dealer permitholder, a 683 wholesale dealer, as defined in s. 210.01(6), a distributing 684 agent, as defined in s. 210.01(14), or a tobacco products 685 distributor, as defined in s. 210.25(5). Any person who 686 knowingly ships or receives nicotine dispensing devices in 687 violation of this section commits a misdemeanor of the second 688 degree, punishable as provided in s. 775.082 or s. 775.083. 689 (6)The division may suspend or revoke the permit of a 690 retail nicotine products dealer permitholder upon sufficient 691 cause appearing of a violation of this part by a retail nicotine 692 products dealer permitholder, or its agent or employee. The 693 division may also assess an administrative fine of up to $1,000 694 for each violation. The division shall deposit all fines 695 collected into the General Revenue Fund. An order imposing an 696 administrative fine becomes effective 15 days after the date of 697 the order. 698 Section 10.Section 569.345, Florida Statutes, is created 699 to read: 700 569.345Seizure and destruction of contraband nicotine 701 dispensing devices.All nicotine dispensing devices sold, 702 delivered, possessed, or distributed contrary to any provision 703 of this chapter are declared to be contraband, are subject to 704 seizure and confiscation under the Florida Contraband Forfeiture 705 Act by any person whose duty it is to enforce the provisions of 706 this chapter, and must be disposed of as follows: 707 (1)A court having jurisdiction shall order such nicotine 708 dispensing devices forfeited and destroyed. A record of the 709 place where such nicotine dispensing devices were seized, the 710 kinds and quantities of nicotine dispensing devices destroyed, 711 and the time, place, and manner of destruction must be kept, and 712 a return under oath reporting the destruction must be made to 713 the court by the officer who destroys them. 714 (2)The division shall keep a full and complete record of 715 all nicotine dispensing devices showing: 716 (a)The exact kinds, quantities, and forms of such nicotine 717 dispensing devices; 718 (b)The persons from whom they were received and to whom 719 they were delivered; 720 (c)By whose authority they were received, delivered, and 721 destroyed; and 722 (d)The dates of the receipt, disposal, or destruction, 723 which record must be open to inspection by all persons charged 724 with the enforcement of tobacco and nicotine product laws. 725 (3)The cost of seizure, confiscation, and destruction of 726 contraband nicotine dispensing devices is borne by the person 727 from whom such products are seized. 728 Section 11.Section 569.346, Florida Statutes, is created 729 to read: 730 569.346Agent for service of process. 731 (1)Any nonresident manufacturer of nicotine dispensing 732 devices that has not registered to do business in the state as a 733 foreign corporation or business entity shall, as a condition 734 precedent to being included on the directory created in this 735 chapter, appoint and continually engage without interruption the 736 services of an agent in this state to act as agent for the 737 service of process on whom all process, and any action or 738 proceeding against it concerning or arising out of the 739 enforcement of this chapter, may be served in any manner 740 authorized by law. Such service shall constitute legal and valid 741 service of process on the manufacturer. The manufacturer shall 742 provide the name, address, telephone number, and proof of the 743 appointment and availability of such agent to the division. 744 (2)The manufacturer shall provide notice to the division 745 30 calendar days before termination of the authority of an agent 746 and shall further provide proof to the satisfaction of the 747 division of the appointment of a new agent no less than 5 748 calendar days before the termination of an existing agent 749 appointment. In the event an agent terminates an agency 750 appointment, the manufacturer shall notify the division of the 751 termination within 5 calendar days and shall include proof to 752 the satisfaction of the division of the appointment of a new 753 agent. 754 (3)Any manufacturer whose nicotine dispensing devices are 755 sold in this state who has not appointed and engaged the 756 services of an agent as required by this section shall be deemed 757 to have appointed the Secretary of State as its agent for 758 service of process. The appointment of the Secretary of State as 759 agent shall not satisfy the condition precedent required in 760 subsection (1) of this subsection to be included or retained on 761 the directory. 762 Section 12.Subsections (3) and (4) of section 569.002, 763 Florida Statutes, are amended to read: 764 569.002Definitions.As used in this part, the term: 765 (3)Nicotine product has the same meaning as provided in 766 s. 569.31 s. 569.31(4). 767 (4)Nicotine dispensing device has the same meaning as 768 provided in s. 569.31 s. 569.31(3). 769 Section 13.This act shall take effect October 1, 2024.