SB 1618 — Tobacco and Nicotine Products

(d) “Nicotine product” has the same meaning as in s.

877.112.

(e) “Retail licensure” means any certification, registration, or license that is required for a person, firm, association, or corporation to deal, at retail, with or regarding any tobacco products.

(f) “Tobacco products” has the same meaning as in s.

569.002.

(2) PREEMPTION.—The establishment of the minimum age for the sale and delivery of tobacco products, nicotine products, or nicotine dispensing devices is preempted to the state.

Nothing in this section shall be construed to affect a local government’s ability to require retail licensure for the sale of tobacco products.

Section 3. Present paragraphs (b) through (f) of subsection (1) of section 210.095, Florida Statutes, are redesignated as paragraphs (a) through (e), respectively, a new paragraph (f) is added to that section, and present paragraph (a) of subsection (1), paragraph (c) of subsection (2), paragraph (a) of subsection (3), paragraph (a) of subsection (4), subsection (5), and paragraphs (a), (b), (e), and (g) of subsection (8) of that section are amended, to read:

age verification.— (5) Each(1) For personpurposes whoof mails,this ships,section, orthe otherwiseterm: delivers tobacco products in connection with an order for a delivery sale must:

(a) “Adult” means an individual who is at least of the legal minimum purchase age for tobacco products.

(f) “The minimum age for purchase” means 21 years of age.

(2) (c) A person may not make a delivery sale of tobacco products to any individual who is not the minimum age for purchase an adult.

(3) A person may not mail, ship, or otherwise deliver tobacco products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:

(a) Obtains from the individual submitting the order a certification that includes:

1. Reliable confirmation that the individual is the minimum age for purchase an adult;

and 2. A statement signed by the individual in writing and under penalty of perjury which:

a. Certifies the address and date of birth of the individual;

and b. Confirms that the individual wants to receive delivery sales from a tobacco company and understands that, under the laws of this state, the following actions are illegal:

(I) Signing another individual’s name to the certification;

(II) Selling tobacco products to individuals under the legal minimum purchase age;

and (III) Purchasing tobacco products, if the person making the purchase is under the legal minimum purchase age.

114 In addition to the requirements of this subsection, a person accepting an order for a delivery sale may request that a consumer provide an electronic mail address.

(4) The notice described in paragraph (3)(c) must include prominent and clearly legible statements that sales of tobacco products are:

(a) Illegal if made to individuals who are not the minimum age for purchase adults.

123 The notice must include an explanation of how each tax has been, or is to be, paid with respect to the delivery sale.

(5) Each person who mails, ships, or otherwise delivers tobacco products in connection with an order for a delivery sale must:

Florida law prohibits shipping cigars to individuals under 18 years of age, and prohibits shipping any other tobacco product to individuals under 21 18 years of age and requires the payment of all applicable taxes.” (b) Use a method of mailing, shipping, or delivery which obligates the delivery service to require:

1. The individual submitting the order for the delivery sale or another individual who is the minimum age for purchase adult who resides at the individual’s address to sign his or her name to accept delivery of the shipping container.

2. Proof that the individual is either the addressee or the individual who is the minimum age for purchase adult designated by the addressee, in the form of a valid, government-issued identification card bearing a photograph of the individual who signs to accept delivery of the shipping container.

89150 AnyIf the person whoaccepting violatesa paragraphpurchase (a)order commitsfor a noncriminaldelivery violationsale anddelivers the tobacco products without using a delivery service, the person must servecomply atwith leastall 20of hoursthe requirements of communitythis section which apply to a delivery service.

Any person who violates paragraph (a) a second or subsequent time within 1 year of the first violation commits a noncriminal violation and must serve at least 40 hours of community service If the person accepting a purchase order for a delivery sale delivers the tobacco products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service.

(8)(8)(a) Except (e) Aas personotherwise who,provided in connectionthis withsection, a deliveryviolation sale,of deliversthis tobaccosection productsby on behalf of a deliveryperson serviceother tothan an individual who is not the minimum age for purchase an adult commitsis a misdemeanor of the secondfirst third degree, punishable as provided in s.

775.083, and:

1. For a first violation of this section, the person shall be fined $1,000 or five times the retail value of the tobacco products involved in the violation, whichever is greater.

2. For a second or subsequent violation of this section, the person shall be fined $5,000 or five times the retail value of the tobacco products involved in the violation, whichever is greater.

(b) A person who is the minimum age for purchase an adult and knowingly submits a false certification under subsection (3) commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

(g) AnFor individualeach whooffense, isthe notperson anshall adultbe andfined who$10,000 knowinglyor violatesfive anytimes provisionthe ofretail thisvalue section commits a misdemeanor of the thirdtobacco degree,products punishableinvolved asin providedthe inviolation, s.whichever is greater.

(e) A person who, in connection with a delivery sale, delivers tobacco products on behalf of a delivery service to an individual who is not the minimum age for purchase an adult commits a misdemeanor of the third degree, punishable as provided in s.

Section(g) An 3. Sectionindividual 322.056,who Floridais Statutes,not isthe amendedminimum toage read:for purchase an adult and who knowingly violates any provision of this section commits a misdemeanor of the third degree, punishable as provided in s.

322.056 Mandatory775.082 revocation or suspensions. of, or delay of eligibility for, driver license for persons under age 18 found guilty of certain alcohol or, drug, or tobacco offenses;

prohibition.—775.083. (1) Notwithstanding the provisions of s.

322.055, if a person under 18 years of age is found guilty of or delinquent for a violation of s.

562.11(2), s.

562.111, or chapter 893, and:

(a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation.

(b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period of:

1. Not less than 6 months and not more than 1 year for the first violation.

2. Two years, for a subsequent violation.

(c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege for a period of:

1. Not less than 6 months and not more than 1 year after the date on which he or she would otherwise have become eligible, for the first violation.

2. Two years after the date on which he or she would otherwise have become eligible, for a subsequent violation.

144 However, the court may, in its sound discretion, direct the department to issue a license for driving privileges restricted to business or employment purposes only, as defined in s.

322.271, if the person is otherwise qualified for such a license.

(2) If a person under 18 years of age is found by the court to have committed a noncriminal violation under s.

569.11 or s.

877.112(6) or (7) and that person has failed to comply with the procedures established in that section by failing to fulfill community service requirements, failing to pay the applicable fine, or failing to attend a locally available school-approved anti-tobacco program, and:

(a) The person is eligible by reason of age for a driver license or driving privilege, the court shall direct the department to revoke or to withhold issuance of his or her driver license or driving privilege as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

(b) The person’s driver license or driving privilege is under suspension or revocation for any reason, the court shall direct the department to extend the period of suspension or revocation by an additional period as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

(c) The person is ineligible by reason of age for a driver license or driving privilege, the court shall direct the department to withhold issuance of his or her driver license or driving privilege as follows:

1. For the first violation, for 30 days.

2. For the second violation within 12 weeks of the first violation, for 45 days.

178 Any second violation of s.

569.11 or s.

877.112(6) or (7) not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in this subsection.

(3) If a person under 18 years of age is found by the court to have committed a third violation of s.

569.11 or s.

877.112(6) or (7) within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to suspend or withhold issuance of his or her driver license or driving privilege for 60 consecutive days.

Any third violation of s.

569.11 or s.

877.112(6) or (7) not within the 12-week period after the first violation will be treated as a first violation and in the same manner as provided in subsection (2).

(2)(4) A penalty imposed under this section shall be in addition to any other penalty imposed by law.

(5) The suspension or revocation of a person’s driver license imposed pursuant to subsection (2) or subsection (3), shall not result in or be cause for an increase of the convicted person’s, or his or her parent’s or legal guardian’s, automobile insurance rate or premium or result in points assessed against the person’s driving record.

penalty.— (1) It is unlawful for any person under 21 18 years of age to smoke a cigar, or any person under 21 years of age to smoke any other tobacco product, in, on, or within 1,000 feet of the real property comprising a public or private elementary, middle, or secondary school between the hours of 6 a.m.

Section 5. Present subsections (3),(3) (4),through and(7) (5) of section 569.002, Florida Statutes, are redesignated as subsections (5),(4) (6),through and(8), (7), respectively, presenta subsectionsnew (6)subsection and(3) (7)is ofadded to that sectionsection, are amended, and newpresent subsectionssubsection (3)(7) andis (4)amended, are added to that section, to read:

(3) “Electronic(3) “The smokingminimum device”age meansfor anypurchase” devicemeans that21 canyears beof usedage. to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

The(8)(7) “Any termperson includesunder anythe component,minimum part,age or accessory of suchpurchase a18” device,does soldnot separatelyinclude or with the device, and includes any substanceperson intendedunder to be aerosolized or vaporized during the useminimum age of thepurchase device.18 who:

The term does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

(4) “The minimum age for purchase” means 18 years of age for cigars and 21 years of age for any other tobacco product.

(8)(6) “Tobacco products” means any product that is made from or derived from tobacco or that contains nicotine and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus.

The term includes electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, and liquids used in electronic smoking devices, whether or not they contain nicotine.

The term does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing.

(7) “Any person under the age of 18” does not include any person under the age of 18 who:

(b) Is(a)(b) Is in the military reserve or on active duty in the Armed Forces of the United States;

or (c) Is otherwise emancipated by a court of competent jurisdiction and released from parental care and responsibility;

or (d) Is(b)(d) Is acting in his or her scope of lawful employment with an entity licensed under the provisions of chapter 210 or this chapter.

Section 6. Subsections (3)(1) throughand (5)(2) of section 569.007, Florida Statutes, are redesignatedamended as subsections (2) through (4), respectively, and subsection (1) and present subsection (2) of that section are amended, to read:

restrictions.— (1) In order to prevent persons under the minimum age forof purchase 18 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, exceptexcept: when the tobacco products are sold from behind a counter and are required to be retrieved and hand delivered by an employee to the consumer.

Sales from a vending machine are prohibited.

This section does not apply to an establishment that prohibits persons under 21 years of age on the licensed premises:

(2) The provisions of subsection (1) shall not apply to an establishment that prohibits persons under 21 18 years of age on the licensed premises.

569.0075 Gift of sample tobacco products prohibited.—The gift of sample tobacco products to any person under the minimum age for purchase age of 18 by an entity licensed or permitted under the provisions of chapter 210 or this chapter, or by an employee of such entity, is prohibited and is punishable as provided in s.

569.006, the division may mitigate penalties imposed against a dealer because of an employee’s illegal sale of a tobacco product to a person under the minimum age for purchase 18 years of age if the following conditions are met:

(2) Any person who violates subsection (1) commits a noncriminal violation punishable by a fine of not more than $500 misdemeanor of the second degree, punishable as provided in s.

However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a noncriminal violation punishable by a fine of not more than $1,000 misdemeanor of the first degree, punishable as provided in s.

and (c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21the minimum age for purchase 18 years of age or older.

569.11 Possession, Misrepresentingmisrepresenting age or military service to purchase, and purchasing purchase of tobacco products by persons under the minimum age for purchase 18 years of age prohibited;

disposition of fines.— (1) It is unlawful for any person under the minimum age for purchase 18 years of age to knowingly possess any tobacco product.

Any person under the minimum age for purchase 18 years of age who violates the provisions of this subsection commits a noncriminal violation as provided in s.

390338 Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation.

(1)(2) It(2) It is unlawful for any person under the minimum age for purchase 18 years of age to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any tobacco product, or to purchase, or attempt to purchase, any tobacco product from a person or a vending machine.

Any person under the minimum age for purchase 18 years of age who violates a provision of this subsection commits a noncriminal violation as provided in s.

414363 Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation.

(3) Any person under the minimum age for purchase 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approvedschool approved anti-tobacco program, if locally available.

(2)(4) A(4) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine.

If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (3).(1) or subsection (2).

(3) Any person who violates subsection (1) commits a noncriminal violation and must serve at least 20 hours of community service.

Any person who violates subsection (1) a second or subsequent time within 1 year of the first violation commits a noncriminal violation and must serve at least 40 hours of community service (1) or subsection (2).

(5)(a) If a person under the minimum age for purchase 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (1)(a) or paragraph (2)(a), or attend a school-approvedschool approved anti-tobacco program, if locally available, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for a period of 30 consecutive days.

(b) If a person under the minimum age for purchase 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (1)(b) or paragraph (2)(b), the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for a period of 45 consecutive days.

492437 THE SALE OF CIGARS TO PERSONS UNDER THE AGE OF 18, OR ANY OTHER TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21,21 18 IS AGAINST FLORIDA LAW.

497441 (2) A dealer that sells tobacco products and nicotine products or nicotine dispensing devices, as defined in s.

501445 THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 18 IS AGAINST FLORIDA LAW.

506450 A dealer that uses a sign as described in this subsection meets the signage requirements of subsection (1) and s.

(2)(3) The(3) The division shall make available to dealers of tobacco products signs that meet the requirements of subsection (1) or subsection (2).

(3)(4) Any(4) Any dealer that sells tobacco products shall provide at the checkout counter in a location clearly visible to the dealer or the dealer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to be sold purchase tobacco products.

519463 IF YOU WERE NOT BORN BEFORE THIS DATE (insert date and applicable year) YOU CANNOT BE SOLD ANYBUY CIGARS.TOBACCO PRODUCTS.

523467 IFUpon YOUapproval WEREby NOTthe BORNdivision, BEFOREin THISlieu DATEof (inserta datecalendar anda applicabledealer year)may YOUuse CANNOTcard BEreaders, SOLDscanners, ANYor OTHERother BUYelectronic TOBACCOor PRODUCTS.automated systems that can verify whether a person is of legal age to purchase tobacco products.

527 Upon approval by the division, in lieu of a calendar a dealer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase tobacco products.

(4)(5) The(5) The division, through its agents and inspectors, shall enforce this section.

(5)(6) Any(6) Any person who fails to comply with subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s.

Section 13. Subsection13. Subsections (3) and (4) of section 569.19, Florida Statutes, isare amended to read:

(3) The number of violations for selling tobacco products to persons under the minimum age for purchase 18, and the results of administrative hearings on the above and related issues.

Section 14. Section 877.112, Florida Statutes, is repealed.amended to read:

877.112 Nicotine products and nicotine dispensing devices;

prohibitions for persons under 21 years of age minors;

penalties;

civil fines;

signage requirements;

preemption.— (1) DEFINITIONS.—As used in this section, the term:

(a) “Any person under 21 years of age” does not include any person under the age of 21 who:

1. Is in the military reserve or on active duty in the Armed Forces of the United States;

or 2. Is acting in his or her scope of lawful employment with an entity that sells, manufactures, or distributes nicotine products or nicotine dispensing devices.

(b)(a) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.

(c)(b) “Nicotine product” means any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, but does not include a:

1. Tobacco product, as defined in s.

569.002;

2. Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act;

or 3. Product that contains incidental nicotine.

(d)(c) “Self-service merchandising” means the open display of nicotine products or nicotine dispensing devices, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the retailer or the retailer’s owner, employee, or agent.

An open display of such products and devices includes the use of an open display unit.

(2) PROHIBITIONS ON SALE TO PERSONS UNDER 21 YEARS OF AGE MINORS.—It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 21 18 years of age, any nicotine product or a nicotine dispensing device.

(3) PROHIBITIONS ON GIFTING SAMPLES TO PERSONS UNDER 21 YEARS OF AGE MINORS.—The gift of a sample nicotine product or nicotine dispensing device to any person under the age of 21 18 by a retailer of nicotine products or nicotine dispensing devices, or by an employee of such retailer, is prohibited.

(4) PENALTIES.—Any person who violates subsection (2) or subsection (3) commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

However, any person who violates subsection (2) or subsection (3) for a second or subsequent time within 1 year of the first violation commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(5) AFFIRMATIVE DEFENSES.—A person charged with a violation of subsection (2) or subsection (3) has a complete defense if, at the time the nicotine product or nicotine dispensing device was sold, delivered, bartered, furnished, or given:

(a) The buyer or recipient falsely evidenced that she or he was 21 18 years of age or older;

(b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 18 years of age or older;

and (c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States Armed Services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 18 years of age or older.

(6) PROHIBITIONS ON POSSESSION OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES BY PERSONS UNDER 21 YEARS OF AGE MINORS.—It is unlawful for any person under 21 18 years of age to knowingly possess any nicotine product or a nicotine dispensing device.

Any person under 21 18 years of age who violates this subsection commits a noncriminal violation as defined in s.

775.08(3), punishable by:

(a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine.

In addition, the person must attend a school-approved anti-tobacco and nicotine program, if locally available;

(b) For a second violation within 12 weeks of the first violation, a $25 fine;

or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person’s driver license or driving privilege, as provided in s.

322.056.

582 Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation.

(7) PROHIBITION ON MISREPRESENTING AGE.—It is unlawful for any person under 21 18 years of age to misrepresent his or her age or military service for the purpose of inducing a retailer of nicotine products or nicotine dispensing devices or an agent or employee of such retailer to sell, give, barter, furnish, or deliver any nicotine product or nicotine dispensing device, or to purchase, or attempt to purchase, any nicotine product or nicotine dispensing device from a person or a vending machine.

Any person under 21 18 years of age who violates this subsection commits a noncriminal violation as defined in s.

775.08(3), punishable by:

(a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco and nicotine program, if available;

(b) For a second violation within 12 weeks of the first violation, a $25 fine;

or (c) For a third or subsequent violation within 12 weeks of the first violation, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend or revoke the person’s driver license or driving privilege, as provided in s.

322.056.

608 Any second or subsequent violation not within the 12-week time period after the first violation is punishable as provided for a first violation.

(8) PENALTIES FOR PERSONS UNDER 21 YEARS OF AGE MINORS.— (a) A person under 21 18 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco and nicotine program, if locally available.

If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court appearance is mandatory, within 30 days after the date of the hearing.

(b) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine.

The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed.

If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (6) or subsection (7).

A person who participates in community service shall be considered an employee of the state for the purpose of chapter 440, for the duration of such service.

(c) If a person under 21 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (6)(a) or paragraph (7)(a), or attend a school-approved anti-tobacco and nicotine program, if locally available, the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 30 consecutive days.

(d) If a person under 21 18 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (6)(b) or paragraph (7)(b), the court must direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for 45 consecutive days.

(9) DISTRIBUTION OF CIVIL FINES.—Eighty percent of all civil penalties received by a county court pursuant to subsections (6) and (7) shall be remitted by the clerk of the court to the Department of Revenue for transfer to the Department of Education to provide for teacher training and for research and evaluation to reduce and prevent the use of tobacco products, nicotine products, or nicotine dispensing devices by children.

The remaining 20 percent of civil penalties received by a county court pursuant to this section shall remain with the clerk of the county court to cover administrative costs.

(10) SIGNAGE REQUIREMENTS FOR RETAILERS OF NICOTINE PRODUCTS AND NICOTINE DISPENSING DEVICES.— (a) Any retailer that sells nicotine products or nicotine dispensing devices shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following:

664 THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 18 IS AGAINST FLORIDA LAW.

PROOF OF AGE IS REQUIRED FOR PURCHASE.

668 (b) A retailer that sells nicotine products or nicotine dispensing devices shall provide at the checkout counter in a location clearly visible to the retailer or the retailer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase nicotine products or nicotine dispensing devices.

This point of sale material must contain substantially the following language:

677 IF YOU WERE NOT BORN BEFORE THIS DATE (insert date and applicable year) YOU CANNOT BUY NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES.

682 In lieu of a calendar a retailer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase nicotine products or nicotine dispensing devices.

(11) SELF-SERVICE MERCHANDISING PROHIBITED.— (a) A retailer that sells nicotine products or nicotine dispensing devices may not sell, permit to be sold, offer for sale, or display for sale such products or devices by means of self-service merchandising.

(b) A retailer that sells nicotine products or nicotine dispensing devices may not place such products or devices in an open display unit unless the unit is located in an area that is inaccessible to customers.

(c) Paragraphs (a) and (b) do not apply to an establishment that prohibits persons under 21 18 years of age on the premises.

(12) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES.— (a) In order to prevent persons under 21 18 years of age from purchasing or receiving nicotine products or nicotine dispensing devices, the sale or delivery of such products or devices is prohibited, except:

1. When under the direct control, or line of sight where effective control may be reasonably maintained, of the retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee;

or 2. Sales from a vending machine are prohibited under subparagraph 1.

and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product or nicotine dispensing device.

The lockout device must include a mechanism to prevent the machine from functioning, if the power source for the lockout device fails or if the lockout device is disabled, and a mechanism to ensure that only one nicotine product or nicotine dispensing device is dispensed at a time.

(b) Paragraph (a) does not apply to an establishment that prohibits persons under 21 18 years of age on the premises.

(c) A retailer of nicotine products or nicotine dispensing devices or such retailer’s agent or employee may require proof of age of a purchaser of such products or devices before selling the product or device to that person.