HB 1007 — Nicotine Dispensing Devices

authorizingproviding theconstruction; division to refuse to issue, and requiring the division to revoke, such permits in certain circumstances;

providing that a wholesale dealer or distributing agent is not required to obtain a separate or additional wholesale nicotine product dealer permit;

requiring wholesale nicotine productproducts dealersdealer permitholders to purchase and sell for retail in this state only those nicotine dispensingproducts devices listed onin the division's directory;

authorizing the division to suspendrevoke or revokesuspend a wholesalepermit nicotineif producta dealerviolation permitis indeemed certainto circumstances;have occurred;

authorizing the division to assess administrative fines;penalties for violations and to deposit them into the General Revenue Fund;

requiring the division to deposit such fines into the General Revenue Fund;

authorizing the division to suspend imposition of administrative fines in certain circumstances;

requiring that retail nicotine productproducts dealer permits be issued and renewed annually;

requiringproviding aprocedures retailfor nicotinethe productrenewal dealerof topermits; pay a specified fee in certain circumstances;

requiring the division to establishlevy bya ruledelinquent afee permitunder renewalcertain procedure;circumstances;

prohibitingrequiring the division fromto Pageadopt 4ofby 35rule CODING:a certain procedure for the submittal of applications;

Wordsprohibiting strickenarethe deletions;division from granting exemptions from permit fees;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 exempting any retail nicotine product dealer from certain fees;

providing that applicantsholders forof a wholesale nicotine productproducts dealer permitspermit must consent to certain inspections and searches without a warrant;

prohibitingproviding certaincriminal personspenalties andfor entitiesthe fromunlawful dealing,sale ator retail,dealing inof unlisted nicotine dispensingproducts; devices not listed on the division's directory;

prohibitingproviding retailcriminal nicotinepenalties productfor dealersthe fromunauthorized purchasingpurchase nicotineof dispensing devices from certain personsnicotine andproducts; entities;

providingPage criminal3of penalties;27 CODING:

authorizingWords thestrickenare divisiondeletions; to suspend or revoke a permit of retail nicotine product dealer upon sufficient cause of a violation of part II of ch.

words underlined are additions.

hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1007 2024 authorizing the division to suspend or revoke a permit of a permitholder upon sufficient cause of a violation of part II of ch.

authorizing the division to assess an administrative fines;penalty for violations and deposit them into the General Revenue Fund;

requiring the division to deposit such fines into the General Revenue Fund;

providing for the seizure and destruction of contrabandunlawful nicotine dispensingproducts devices;in accordance with the Florida Contraband Forfeiture Act;

requiring a court with jurisdiction to take certain actions;action;

requiring the division to keepmaintain certain records;

requiring that certain costs be borne by certainthe persons;person who held the seized products;

creatingamending s.

569.346,569.002, F.S.;

requiringconforming certaincross-references manufacturers of nicotine dispensing devices to appointchanges anmade agentby forthe serviceact; of process;

providing construction;an appropriation;

requiring such manufacturers Page 5of 35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 to provide certain notice within a specified time;

appointing the Secretary of State as the agent for certain manufacturers;

providing that such appointment does not satisfy a certain requirement;

amending ss.

569.002 and 569.35, F.S.;

conforming provisions and cross-references to changes made by the act;

providing appropriations and authorizing positions;

92 Be It Enacted by the Legislature of the State of Florida:

94 Section 1.

Section 569.31, Florida Statutes, is reordered and amended to read:

(1)(9)(2)(1) "Any"Dealer" personis undersynonymous with the ageterm of"retail 21"nicotine doesproducts notdealer." include(3)(2) any"Division" personmeans underthe Division of Alcoholic Beverages and Tobacco of the ageDepartment of 21Business who:and Page 4of 27 CODING:

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

or (b) Is acting in his or her scope of lawful employment.

(2)(1) "Dealer" is synonymous with the term "retail nicotine product products dealer." (3)(2) "Division" means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.

(4) "FDA" means the United States Food and Drug Page 6of 35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 Administration.Professional Regulation.

(4) "FDA" means the United States Food and Drug Administration.

For purposes of this subsection, each individual stock keeping unit is considered a separate nicotine product.

For purposes of this definition, each individual stock keeping unit is considered a separate nicotine product.

(7)Page "Nicotine5of product27 manufacturer"CODING: means any person that manufactures nicotine products.

Page 7of 35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 (8)(5)(7) "Permit""Nicotine is synonymous with the term "retail nicotine product products dealermanufacturer" permit." (9)(6) "Retail nicotine product products dealer" means theany holderperson ofthat amanufactures retail nicotine productproducts. products dealer permit.

(10)(7)(8)(5) "Retail"Permit" nicotineis productsynonymous with the term "retail nicotine products dealer permit"permit." means(9)(6) a"Retail permitnicotine issuedproducts bydealer" means the divisionholder underof s.a retail nicotine products dealer permit.

(10)(7) "Retail nicotine products dealer permit" means a permit issued by the division under s.

(12) "Sell""Wholesale ornicotine "sale"products dealer" means anythe sale,holder transfer,of exchange,a barter,wholesale gift,nicotine orproducts offerdealer forpermit salewho andpurchases distributionnicotine indispensing anydevices manner or bynicotine products from any meansnicotine whatsoever.products manufacturer.

(13) "Timely"Wholesale filednicotine premarketproducts tobaccodealer productpermit" application" means either:a permit issued by the division under s.

(a)569.316. An application under 21 U.S.C.

s.(1)(9) "Any person under the age of 21" does not include any person under the age of 21 who:

387j(a) forIs ain nicotinethe dispensingmilitary devicereserve containing or usingon nicotineactive derivedduty from tobacco marketed in the UnitedArmed StatesForces as of August 8, 2016, which was submitted to the FDAUnited onStates; or before September 9, 2020, and accepted for filing;

or (b) AnIs applicationacting underin 21his U.S.C.or her scope of lawful employment.

s.Page 6of 27 CODING:

387j for a nicotine dispensing device containing or using nicotine derived from a nontobacco source that is not a single-use or disposable Page 8of 35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 electronicSection cigarette,2. an electronic cigar, an electronic cigarillo, an electronic pipe, or any other similar device and that does not use a sealed, prefilled, and disposable cartridge of nicotine in a solution.

(14) "Wholesale nicotine product dealer" means the holder of a wholesale nicotine product dealer permit who purchases nicotine dispensing devices or nicotine products from any nicotine product manufacturer.

(15) "Wholesale nicotine product dealer permit" means a permit issued by the division under s.

569.316.

Section 2.

569.311 Nicotine dispensingproduct device directory.— (1) ByEvery December 1, 2024, and annually thereafter, any nicotine productproducts manufacturer whothat sells nicotine dispensingproducts devices to a person for retail sale in this state shall execute and deliver a form, prescribed by the division, under penalty of perjury,perjury for each such nicotine dispensingproduct device sold that meets either of the following criteria:

(a) TheA nicotine product manufacturerwhich hascontains submittednicotine derived from a timelytobacco filedsource premarketand tobaccowas producton applicationthe formarket in the nicotineUnited dispensingStates deviceas underof August 8, 2016, and the manufacturer has applied for a marketing order pursuant to 21 U.S.C.

387j andfor remainsthe stayednicotine product by submitting a courtpremarket order,tobacco product application on or before September 9, 2020, to the FDA, or the nicotine product manufacturercontains hasnicotine filedderived from a timelynon-tobacco requestsource forand supervisorywas reviewon withthe market in the FDAUnited whichStates remainsas underof review,April or14, 2022, and the ordermanufacturer has beenapplied rescindedfor bya Pagemarketing 9oforder 35pursuant CODING:to 21 U.S.C.

s.

387j for the nicotine product containing nicotine derived from a non-tobacco source by submitting a premarket tobacco product application on or before May 14, 2022, and:

1.

The premarket tobacco product application for the nicotine product remains under review by the FDA, and neither a marketing authorization nor a marketing denial order has been issued;

or 2.

The FDA issued a marketing denial order for the Page 7of 27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 nicotine product, but the FDA or vacateda byfederal court issued a court;stay or an injunction during the pendency of the manufacturer's appeal of the marketing denial order or either the order has been appealed to the FDA or a challenge to the order has been filed with a federal court and the appeal or challenge is still pending.

or (b) The nicotine productproducts manufacturer has received a granted marketing orderauthorization or other authorization under 21 U.S.C.

387j for the nicotine dispensingproduct device from the FDA.

(2) The form shallprescribed beby deliveredthe bydivision pursuant to subsection (1) must require each nicotine products manufacturer to set forth the name under which the nicotine productproducts manufacturer transacts or intends to transact business, the division.address of the location of the nicotine products manufacturer's principal place of business, the nicotine products manufacturer's e-mail address, and any other information the division requires.

(2) The form prescribed by the division pursuantmay toallow subsectiona (1) must require each nicotine productproducts manufacturer to setgroup forthits the name under which the nicotine productproducts manufactureron transactsits orcertification. intends to transact business;

(3) In addition to completing the addressform prescribed by the division pursuant to subsection (1), each nicotine products manufacturer shall provide a copy of the locationcover page of the nicotinepremarket producttobacco manufacturer'sapplication principalwith placeevidence of business;the receipt of the application by the FDA, or a copy of the cover page of the marketing authorization or other authorization issued pursuant Page 8of 27 CODING:

the nicotine product manufacturer's e-mail address;

and the brand name of the nicotine dispensing device, the device's category, such as e-liquid, power unit, device, e-liquid cartridge, e-liquid pod, or disposable, the device's name, and any flavor used with the device that is sold in this state.

The division may allow a nicotine product manufacturer to group its nicotine dispensing devices on its certification.

(3) In addition to completing the form prescribed by the division pursuant to subsection (1), each nicotine product manufacturer shall provide to the division a copy of the cover page of the granted marketing order issued by the FDA under 21 U.S.C.

s.

387j for each nicotine dispensing device;

a copy of Page 10 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 theto acceptance letter issued by the FDA under 21 U.S.C.

387j387j, forwhichever ais timelyapplicable. filed premarket tobacco product application for each nicotine dispensing device;

or(4) aAny documentnicotine issuedproducts bymanufacturer thesubmitting FDAa orcertification bypursuant ato courtsubsection confirming(1) thatshall notify the premarketdivision tobaccowithin product30 applicationdays hasafter beenany receivedmaterial andchange denied,to but the grantedcertification, marketingincluding, orderbut is not yetlimited into, effectissuance forby eachthe nicotineFDA dispensingof device.any of the following:

(4)(a) AnyA nicotinemarket productauthorization manufactureror whoauthorization submits a certification pursuant to subsection21 (1)U.S.C. shall notify the division within 30 days after any material change to the certification, including, but not limited to, issuance by the FDA of any of the following:

(a) A denial of a market authorization or authorization under 21 U.S.C.

(b) An order requiring a nicotine productproducts manufacturer to remove a nicotine dispensing device or nicotine product from the market either temporarily or permanently;

(c) Any notice of action taken by the FDA affecting the ability of the nicotine dispensingproduct device to be introduced or delivered in this state for commercial distribution;

(d) Any change in policy which results in a nicotine dispensingproduct deviceno becominglonger anbeing FDAexempt from federal enforcement priority;oversight;

(5) The division shall develop and maintain a directory Pagelisting 11all of35nicotine CODING:products manufacturers and the nicotine products certified with the division which comply with this section.

The division shall make the directory available January 1, 2025, on its or the Department of Business and Professional Regulation's website.

The division shall update the directory as Page 9of 27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 listingnecessary. all nicotine product manufacturers who sell nicotine dispensing devices in this state and the nicotine dispensing devices certified by those manufacturers with the division which complies with this section.

(6) The division shall makeprovide thea directorynicotine availableproducts onmanufacturer Januarynotice 1,and 2025,an onopportunity itsto websitecure ordeficiencies onbefore removing the Departmentmanufacturer ofor Businessits andnicotine Professionalproduct Regulation'sfrom website.the directory.

(a) The division shallmay updatenot remove the nicotine products manufacturer or its nicotine product from the directory asuntil necessary.at least 15 days after the nicotine products manufacturer has been given notice of an intended action.

TheNotice divisionis shallsufficient establishand deemed immediately received by a processnicotine products manufacturer if the notice is sent either electronically or by facsimile to providean retaile-mail address or facsimile number provided by the nicotine productproducts dealers;manufacturer in its most recent certification filed under subsection (1).

wholesale(b) The nicotine products manufacturer has 15 days from the date of service of the notice of the division's intended action to establish that the nicotine products manufacturer or its nicotine product dealers;should be included in the directory.

and(c) distributingA agents,determination asby definedthe indivision s.not to include or to remove from the directory a nicotine products manufacturer or nicotine product is subject to review under chapter 120.

210.01(14)If noticea ofnicotine theproducts initialmanufacturer publicationseeks review of removal from the directorydirectory, andthe changesdivision mademust tokeep the directorynicotine inproduct on the priordirectory month.until conclusion of the hearing.

(6)(d) TheIf division shall establish by rule a process to provide a nicotine product manufactureris noticeremoved andfrom an opportunity to cure deficiencies before removing the nicotinedirectory, productPage manufacturer10 orof27 anyCODING: of the manufacturer's nicotine dispensing devices from the directory.

(a) The division may not remove the nicotine product manufacturer or any of the manufacturer's nicotine dispensing devices from the directory until at least 30 days after the nicotine product manufacturer has been provided notice of an intended action.

Notice is sufficient and deemed immediately received by a nicotine product manufacturer if the notice is sent either electronically or by facsimile to an e-mail address or facsimile number provided by the nicotine product Page 12 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 manufacturereach inretailer and wholesaler has 21 days from the mostday recentsuch certificationproduct filedis underremoved subsectionfrom (1).the directory to remove the product from its inventory and return the product to the manufacturer.

(b)Each The nicotine productproducts manufacturer hasshall 15provide daysto after the datedivision ofinformation serviceregarding of the noticereturn of thesuch division'sproduct intendedand actionhow to establish that the nicotinereturned product manufacturerwas ordisposed any of thewithin manufacturer's21 nicotinedays dispensingafter devicesreceipt. must be listed on the directory.

(c)After A21 determinationdays byfollowing theremoval divisionfrom notthe todirectory, includethe a nicotine product manufactureridentified orin any of the manufacturer'snotice nicotine dispensing devices on, or to remove such manufacturer or any of suchremoval manufacturer'sis devicescontraband from,and the directory is subject to reviews. under chapter 120.

If a nicotine product manufacturer seeks review, the division must keep the nicotine product manufacturer or the manufacturer's nicotine dispensing device listed on the directory until entry of a final order.

(d) If a nicotine dispensing device is removed from the directory, each retail nicotine product dealer and each wholesale nicotine product dealer holding nicotine dispensing devices for sale to consumers in this state has 30 days after the date such device is removed from the directory to sell the device or remove the device from the dealer's inventory.

Thirty days after removal of the device from the directory, the device identified in the notice of removal is contraband and subject to s.

(7)(a)(7) ExceptBeginning asMarch provided1, in2025, paragraphsor (b)on the date that the division first makes the directory available for public inspection on its or the Department of Business and (c),Professional PageRegulation's 13website, of35whichever CODING:is later, a nicotine products manufacturer that offers for sale a nicotine product not listed on the directory is subject to a fine of $1,000 per day for each nicotine product offered for sale in violation of this section until the offending product is removed from the market or until the offending product is properly listed on the directory.

Words(8) strickenareA deletions;nicotine products manufacturer that falsely represents any of the information required by subsection (1) or subsection (2) commits a felony of the third degree for each false representation, punishable as provided in s.

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 beginning March 1, 2025, or on the date that the division or the Department of Business and Professional Regulation first makes the directory publicly available on its website, whichever is later, a nicotine product manufacturer who offers for sale to consumers in this state a nicotine dispensing device not listed on the directory is subject to a fine of $1,000 per day for each individual nicotine dispensing device offered for sale in violation of this section until the offending device is removed from the market or until the offending device is properly listed on the directory.

(b) Each retail nicotine product dealer has 60 days after the date that the division or the Department of Business and Professional Regulation first makes the directory publicly available on its website to either sell the nicotine dispensing devices in the dealer's inventory but not listed on the directory or remove the devices from the dealer's inventory.

(c) Each wholesale nicotine product dealer or distributing agent, as defined in s.

210.01(14), has 60 days after the date that the division or the Department of Business and Professional Regulation first makes the directory publicly available on its website to remove from the dealer's inventory those nicotine dispensing devices intended for retail sale to consumers in this state.

(8) A nicotine product manufacturer who falsely represents any of the information required by subsection (1) or subsection Page 14 of35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 (2) commits a felony of the third degree for each false representation, punishable as provided in s.

(9) Each retail nicotine productproducts dealer and wholesale nicotine productproducts dealer is subject to unannounced inspections andPage audits11 byof27 theCODING: division for purposes of enforcing this section.

The division shall conduct unannounced follow-up compliance inspections of all noncompliant retail nicotine product dealers and wholesale nicotine product dealers within 30 days after any violation of this section.

The division shall publish the results of all inspections and audits at least annually and shall make the results available to the public upon request.

(10) The division may establish by rule a procedure to allow nicotine product manufacturers to renew certifications without having to resubmit all the information or documents required by this section.

(11) If a nicotine product manufacturer fails to provide information or documents required by this section, the division may exclude or remove the manufacturer's nicotine dispensing devices from the directory.

(12) The division may assess an administrative fine of up to $1,000 for each nicotine dispensing device offered for sale to consumers in this state if a nicotine product manufacturer fails to provide notice to the division of a material change to Page 15 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 theor manufacturer'saudit certificationchecks withinby 30the daysdivision afterfor suchpurposes change.of enforcing this section.

The division shall depositconduct unannounced follow-up compliance checks of all finesnoncompliant collectedretail intonicotine theproducts Generaldealers Revenueor Fund.wholesale nicotine products dealers within 30 days after any violation of this section.

AnThe orderdivision imposingshall anpublish administrativethe fineresults becomesof effectiveall 15inspections daysor afteraudits at least annually and shall make the dateresults ofavailable to the order.public on request.

(10) The division may establish by rule a procedure to allow nicotine products manufacturers to renew certifications without having to resubmit all the information required by this section.

569.312 Maintenance and inspection of nicotine dispensingproduct device records.— (1) Each nicotine productproducts manufacturer who sells nicotine dispensing devices to consumers in this state shall maintain and keep for a period of 3 years, at the address listed on the certification required pursuant to s.

569.311, a complete and accurate record of the quantityamount of each nicotine dispensingproduct devices sold or delivered to a wholesalewholesaler nicotine product dealer in this state and to whom each devicenicotine product was sold on a wholesale basis, including the business name, license number, shipping and business addresses, e-mail address, and telephone number offor the person or entity to which each nicotineproduct dispensing device was sold.

Such records may be maintainedkept in an electronic or paper format.

(2)Page Each12 retailof27 nicotineCODING: product dealer;

wholesaleWords nicotinestrickenare productdeletions; dealer;

words underlined are additions.

hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB1007 2024 (2) Each retail nicotine products dealer;

wholesale nicotine products dealer;

210.01(14), shall maintain and keep for a period of 3 years at its principal place of business a complete and accurate record of the quantityamount of each nicotine dispensingproduct device received, delivered, or sold in this Pagestate 16and of35to CODING:whom each nicotine product was sold or delivered or from whom they received each nicotine product, including the business name, license number, shipping and business addresses, e-mail address, and telephone number for the person or entity to which each product was sold or delivered or from which each product was received.

WordsSuch strickenarerecords deletions;may be kept in an electronic or paper format.

words(3) underlinedNicotine areproducts additions.manufacturers;

hb1007-02-c2retail F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 state and to whom each nicotine dispensingproducts devicedealers; was sold or delivered or from whom such dealer or agent received each nicotine dispensing device, including the business name, license number, shipping and business addresses, e-mail address, and telephone number of the person or entity to whom each device was sold or delivered or from whom each device was received.

Suchwholesale recordsnicotine mayproducts bedealers; maintained in an electronic or paper format.

(3) Nicotine product manufacturers;

retail nicotine product dealers;

wholesale nicotine product dealers;

210.01(14), who sell or deliver nicotine dispensingproducts devices directly to consumers are not required to keep and maintain the name, address, e-mail address, and telephone number of consumers who purchase or receive nicotine dispensingproducts. devices.

(4) WithinUpon 7 calendar days after receiving a request by the division, a nicotine productproducts manufacturermanufacturer, who sells nicotine dispensing devices in this state, including a nicotine productproducts manufacturer whoselling sells nicotine dispensingproducts devices directly to consumers;

a retail nicotine productproducts dealer;

a wholesale nicotine productproducts dealer;

and a distributing agent,Page as13 definedof27 inCODING: s.

210.01(14), shall provide to the division or its duly authorized representative copies of records related to the nicotine dispensing devices received, delivered, or sold in this state Page 17 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 andagent, toas whomdefined suchin nicotines. dispensing devices were sold or delivered or from whom such nicotine dispensing devices were received.

(5)210.01(14), Theshall division,timely orprovide anyto designatedthe employeedivision thereof,or mayits examineduly theauthorized representative copies of records requiredrelated to bethe maintainednicotine byproducts eachreceived, nicotinedelivered, productor manufacturer,sold retailin nicotinethis productstate dealer,and wholesaleto whom those nicotine productproducts dealer,were wholesalesold dealer,or asdelivered definedor infrom s.whom they were received.

(5) The division, or a designated employee thereof, may examine the records required to be maintained by each nicotine products manufacturer, retail nicotine products dealer, wholesale nicotine products dealer, wholesale dealer, as defined in s.

and take depositions of witnesses within or outside of this state.

The lawscivil law of this state regarding enforcing obedience ofto a subpoena lawfully issued by a judge or any other person duly authorized to issue subpoenas under the laws of this state in civil cases applies to a subpoena issued by the divisiondivision, or any designated employee thereof.

The subpoena may be enforced by writ of attachment issued by the division, or any designated employeeemployee, thereof,for such witness to compel ahim witnessor her to appearattend before the division, or any designated employeeemployee, thereof, and give his or her testimony,testimony and to bring and produce such records as may be required for examination.

The division, or any designated employeeemployee, thereof, may bring an action against a witness who refuses to appear or give testimony by citation before the circuit court,court which shall punish such witness for contempt as in cases of refusalPage to14 obeyof27 theCODING: orders and process of the circuit court.

The division may in such cases pay such attendance and mileage fees Page 18 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 asrefusal are permitted to beobey paidthe toorders witnessesand inprocess civilof cases appearing before the circuit court.

The division may in such cases pay such attendance and mileage fees as are permitted to be paid to witnesses in civil cases appearing before the circuit court.

569.313 Shipment of unregistered nicotine dispensingproducts devicesinto sold for retail sale to consumers in this state.— (1) A nicotine productproducts manufacturer may not sell, ship, or otherwise distribute a nicotine dispensingproduct device for retail sale to consumers in this state for which:

(a) The FDA has entered an order requiring the nicotine productproducts manufacturer to remove the nicotineproduct dispensing device from the market either temporarily or permanently, which order has not been stayed by the FDA or a court of competent jurisdiction,jurisdiction; the manufacturer has submitted a timely filed request for supervisory review with the FDA which remains under review, or the order has been rescinded by the FDA or vacated by any court;

(b) The nicotine productproducts manufacturer has not submitted a timely filed premarket tobacco product applicationapplication; for the nicotine dispensing device;

Pageor 19(c) of35The CODING:nicotine products manufacturer has not submitted the certification required under this chapter for the nicotine product.

Page 15 of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 (c)(2) TheAny nicotineperson productwho manufacturer'sknowingly timelyships filedor premarketreceives tobacco product application for the nicotine dispensingproducts devicein isviolation noof longerthis pendingsection becausecommits ita wasmisdemeanor not accepted by the FDA, it was denied by the FDA, or it is subject to any other order or action by the FDA or any court that negatively affects the ability of the nicotinefirst dispensingdegree, devicepunishable toas beprovided introduced or delivered into interstate commerce for commercial distribution in thes. United States;

or (d) The nicotine product manufacturer has not submitted the certification required under this chapter for any of the nicotine dispensing devices intended for retail sale to consumers in this state.

(2) Any person who knowingly ships or receives nicotine dispensing devices in violation of this section commits a misdemeanor of the first degree, punishable as provided in s.

(3) The division may also assess an administrative fine of up to $5,000 for each violationviolation. of this section.

569.316 Wholesale nicotine productproducts dealer permits;

duplicates.— Page(1)(a) 20Each of35person, CODING:firm, association, or corporation that seeks to deal, at wholesale, in nicotine products within this state, or to sell nicotine products or nicotine dispensing devices to any retail nicotine products dealer, must obtain a wholesale nicotine products dealer permit for each place of business or premises at which nicotine products are sold.

(b) Application for a wholesale nicotine products dealer permit must be made on a form furnished by the division and must set forth the name under which the applicant transacts or intends to transact business, the address of the location of the applicant's place of business, the applicant's e-mail address, and any other information the division requires.

If the Page 16 of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 (1)(a)applicant Eachhas person, firm, association, or corporationintends that seeks to deal,have atmore wholesale,than inone nicotineplace productsof orbusiness nicotinedealing dispensing devices sold at retail in this state, or each person, firm, association, or corporation that seeks to sell nicotine productsproducts, ora nicotineseparate dispensingapplication devices to any retail nicotine product dealer in this state, must obtainbe amade wholesale nicotine product dealer permit for each place of businessbusiness. or premises at which nicotine products are sold.

(b) Application for a wholesale nicotine product dealer permit must be made on a form furnished by the division and must set forth the name under which the applicant transacts or intends to transact business, the address of the location of the applicant's place of business, the applicant's e-mail address, and any other information required by the division.

If the applicant has or intends to have more than one place of business dealing in nicotine products or nicotine dispensing devices, a separate application must be made for each place of business.

If the applicant is a corporation, the application must set forth the names, e-e-mail mail addresses, and addresses of the principal officers of the corporation.

The application must also set forth any other information requiredprescribed by the division for the purpose of identifying the applicant firm, association, or corporation.

The Pageapplication 21must of35be CODING:signed and verified by oath or affirmation by the owner, if a sole proprietor;

or, if the owner is a firm, association, or partnership, by the members or partners thereof;

or, if the owner is a corporation, by an executive officer of the corporation or by a person authorized by the corporation to sign the application, together with the written evidence of this authority.

(2)(a) Wholesale nicotine products dealer permits may be issued only to persons who are 21 years of age or older or to corporations the officers of which are 21 years of age or older.

(b) The division may refuse to issue a wholesale nicotine products dealer permit to any person, firm, association, or corporation whose permit has been revoked;

to any corporation an officer of which has had such permit revoked;

or to any person who is or has been an officer of a corporation whose permit has Page 17 of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 applicationbeen mustrevoked. be signed and verified by oath or affirmation by the owner, if a sole proprietor;

ifThe thedivision ownermust isrevoke any wholesale nicotine products dealer permit issued to a firm, an association, or partnership,a bycorporation theprohibited membersfrom orobtaining partnerssuch thereof;permit under this chapter.

or,(3) ifUpon theapproval ownerof isan aapplication corporation,for bya anwholesale executivenicotine officerproducts ofdealer permit, the corporationdivision orshall byissue ato personthe authorizedapplicant bya thewholesale corporationnicotine toproducts signdealer permit for the application,place togetherof withbusiness theor writtenpremises evidencespecified ofin suchthe authority.application.

(2)(a)A Wholesalewholesale nicotine productproducts dealer permitspermit mayis benot issuedassignable and is valid only tofor personsthe whoperson arein 21whose yearsname ofthe agewholesale ornicotine olderproducts ordealer topermit corporationsis theissued executiveand officersfor ofthe whichplace aredesignated 21in yearsthe ofwholesale agenicotine orproducts older.dealer permit.

(b) The division may refuse to issue a wholesale nicotine productproducts dealer permit tomust anybe person,conspicuously firm,displayed association,at orall corporationtimes whoseat permitthe hasplace beenfor revokedwhich byit anyis jurisdiction;issued.

to any corporation an executive officer of which has had such permit revoked by any jurisdiction;

or to any person who is or has been an executive officer of a corporation whose permit has been revoked by any jurisdiction.

The division must revoke any wholesale nicotine product dealer permit issued to any firm, association, or corporation prohibited from obtaining such permit under this chapter.

(3) Upon approval of an application for a wholesale nicotine product dealer permit, the division shall issue to the applicant a wholesale nicotine product dealer permit for the place of business or premises specified in the application.

A Page 22 of35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 wholesale nicotine product dealer permit is not assignable and is valid only for the person in whose name the wholesale nicotine product dealer permit is issued and for the place of business or premises designated in the wholesale nicotine product dealer permit.

The wholesale nicotine product dealer permit must be conspicuously displayed at all times at the place of business or premises for which it is issued.

210.01(14), is not required to have a separate or additional wholesale nicotine productproducts dealer permit to deal, at wholesale, in nicotine dispensingproducts deviceswithin in this state.

210.01(6);210.01(6), a distributing agent, as defined in s.

210.01(14), or a distributingtobacco agent,products distributor, as defined in s.

210.01(14);210.25(5), which deals, at wholesale, in nicotine products is subject to, and must be in compliance with, this chapter.

or a tobacco product distributor, as defined in s.

210.25(5), which deals, at wholesale, in nicotine dispensing devices is subject to, and must comply with, this chapter.

569.317Page Wholesale18 nicotineof27 productCODING: dealers;

administrative penalties.— (1) A wholesale nicotine product dealer may purchase and sell for retail in this state only those nicotine dispensing devices listed on the directory created by the division pursuant to s.

569.311.

(2) The division may suspend or revoke the wholesale Page 23 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 nicotine569.317 productWholesale dealer permit of a wholesale nicotine productproducts dealer uponpermitholder; sufficient cause of a violation of this part by a wholesale nicotine product dealer or any agent or employee thereof.

(3)administrative Thepenalties.—A divisionwholesale nicotine products dealer permitholder may assessonly anpurchase administrativeand finesell ofnicotine upproducts tocontained $5,000on forthe eachdirectory violationcreated ofby thisthe section.division pursuant to s.

569.311.

The division may suspend or revoke the wholesale nicotine products dealer permit of a wholesale nicotine products dealer permitholder upon sufficient cause appearing of a violation of this part by a wholesale nicotine products dealer permitholder or its agent or employee.

The division may also assess an administrative fine of up to $5,000 for each violation.

(4) The division may suspend the imposition of a penalty against a wholesale nicotine productproducts dealer permitholderpermitholder, ifconditioned theupon permitholdercompliance has complied with terms the division deemsconsiders appropriate.

569.32 Retail nicotine product products dealer permits;

duplicates.— (1)(a) Each person, firm, association, or corporation that seeks to deal, at retail, in nicotine products orwithin nicotine dispensing devices in this within the state, or to allow a nicotine product products vending machine to be located on its premises in this the state, must obtain a retail nicotine product products dealer permit for each place of business or premisesPage at19 whichof27 nicotineCODING: products or nicotine dispensing devices are sold.

Each dealer owning, leasing, furnishing, or Page 24 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 operatingpremises vendingat machines through which nicotine products are soldsold. must obtain a permit for each machine and shall post the permit in a conspicuous place on or near the machine;

however,Each if the dealer hasowning, moreleasing, thanfurnishing, oneor operating vending machinemachines atthrough awhich single location or if nicotine products or nicotine dispensing devices are sold bothmust overobtain thea counterpermit andfor througheach a vending machine atand ashall singlepost location, the dealerpermit needin obtaina onlyconspicuous oneplace permiton foror thatnear location.the machine;

(b)however, Applicationif for a permit must be made on a form furnished by the divisiondealer andhas mustmore setthan forthone thevending namemachine underat whicha thesingle applicantlocation transacts or intendsif tonicotine transactproducts business,are thesold addressboth ofover the locationcounter ofand thethrough applicant'sa placevending ofmachine businessat withina thissingle location, the state,dealer andneed anyobtain otheronly informationone requiredpermit byfor thethat divisionlocation. requires.

If(b) theApplication applicantfor hasa orpermit intendsmust tobe havemade moreon thana oneform placefurnished ofby businessthe dealingdivision inand nicotinemust productsset orforth nicotinethe dispensingname devicesunder inwhich thisthe withinapplicant thetransacts state,or aintends separateto applicationtransact mustbusiness, bethe madeaddress forof eachthe location of the applicant's place of business.business within this the state, and any other information the division requires.

If the applicant has or intends to have more than one place of business dealing in nicotine products within this the state, a separate application must be made for each place of business.

The application must also set forth any other information required prescribed by the division for the purpose of identifying the applicant firm, association, or corporation.

The application must be signed and Page 2520 of35of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 signed and verified by oath or affirmation by the owner, if a sole proprietor;

or, if the owner is a corporation, by an executive officer of the corporation or by a person authorized by the corporation to sign the application, together with the written evidence of such this authority.

(c) Permits issued by the division must be issued annually.

IfA a retail nicotine product dealer failsthat todoes not timely renew hisits orpermit her permit, the dealer must pay a late fee of $5 for each month or portion of a month occurring after expiration, and before renewal, of histhe ordealer's her permit.

The division shall establish by rule a permit renewal procedure.procedure that, to the greatest extent feasible, combines the application and permitting procedure for permits with the application and licensing system for alcoholic beverages.

(e) The division may not grant an exemption from the permit fees prescribed in this subsection for any applicant.

(b) The division may refuse to issue a permit to any person, firm, association, or corporation the permit of which has been revokedrevoked; by any jurisdiction;

to any corporation an officer of which has had his or her permit revokedrevoked; by any jurisdiction;

or to any person who is or has been anPage officer21 ofof27 aCODING: corporation the permit of which has been revoked by any jurisdiction.

Any permit issued to a firm, an association, or a Page 26 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 corporationan prohibitedofficer fromof obtaining a permitcorporation underthe thispermit chapterof mustwhich shallhas bebeen revokedrevoked. by the division.

Any permit issued to a firm, an association, or a corporation prohibited from obtaining a permit under this chapter must shall be revoked by the division.

569.33 Consent to inspection and search without warrant.— An applicant for a retail nicotine product products dealer permit or a wholesale nicotine productproducts dealer permit, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this part.

569.34 Operating without a retail nicotine product products dealer permit;

penalty.— (1) It is unlawful for any a person, firm, association, or corporation to deal, at retail, in nicotine products, in any Page 2722 of35of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 (1) It is unlawful for a person, a firm, an association, or a corporation to deal, at retail, in nicotine products, in any manner, or to allow a nicotine product products vending machine to be located on its premises, without having a retail nicotine product dealer permit as required by s.

(2) A retail tobacco product products dealer, as defined in s.

569.002569.002(4), s.is not required to have a separate or additional retail nicotine products dealer permit to deal, at retail, in nicotine products within this the state, or allow a nicotine products vending machine to be located on its premises in this the state.

569.002(4),Any is not required to have a separate or additional retail nicotinetobacco product products dealer permitthat todeals, deal, at retail, in nicotine products in this within the state, or allowallows a nicotine product products vending machine to be located on its premises in this the state.state, is subject to, and must be in compliance with, this part.

Any retail tobacco product products dealer that deals, at retail, in nicotine products or allows a nicotine product products vending machine to be located on its premises in this the state, is subject to, and must be in compliance with, this part.

(a) A person cited for violatinga violation of subsection (1) for an infraction under this section may:

or 2.Page 23 of27 CODING:

Sign and accept the citation indicating a promise to Page 28 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 appear.2.

(b)Sign Aand personaccept citedthe forcitation violatingindicating subsectiona (1)promise thisto sectionappear. may:

(b) A person cited for violating this section may:

(c) If the person pays the fine or forfeits bond, the person is deemed to have admitted violating subsection (1) this section and to have waived the right to a hearing on the issue of commission of the violation.

(4) On or after March 1, 2025, it is unlawful for anya person, a firm, an association, or a corporation in this state to deal, at retail, in nicotine dispensingproducts devicesthat are not listed on the directory created pursuant to s.

Any person who knowingly ships or receives nicotine dispensingproducts devices in violation of Page 2924 of35of27 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 violation of this subsectionsection commits a misdemeanor of the second degree, punishable as provided in s.

(5) On or after January 1, 2025, it is unlawful for a retail nicotine productproducts dealerdealer, in this state, other than a nicotine productproducts manufacturer whothat is also is permitted as a retail nicotine productproducts dealer in this state and is selling its own products directly to consumers, to purchasebuy nicotine dispensingproducts devices from a wholesalewholesaler, nicotine product dealer, nicotine product manufacturer, or other source that is not a wholesale nicotine productproducts dealer permitholder;permitholder, a wholesale dealer, as defined in s.

210.01(6), a wholesaledistributing dealer,agent, as defined in s.

210.01(6);210.01(14), or a tobacco products distributor, as defined in s.

a distributing agent, as defined in s.

210.01(14);

or a tobacco product distributor, as defined in s.

Any person who knowingly ships or receives nicotine dispensingproducts devices in violation of this subsectionsection commits a misdemeanor of the second degree, punishable as provided in s.

(6) The division may suspend or revoke the permit of a retail nicotine productproducts dealer permitholder, upon sufficient cause appearing of a violation of this part by thea retail nicotine products dealer permitholder, or anyits agent or employeeemployee. thereof.

(7) The division may also assess an administrative fine of up to $1,000 for each violationviolation. of this section.

PageSection 3010. of35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 Section 10.

569.345Page Seizure25 andof27 destructionCODING: of contraband nicotine dispensing devices.—All nicotine dispensing devices sold, delivered, possessed, or distributed contrary to any provision of this chapter are declared to be contraband, are subject to seizure and confiscation under the Florida Contraband Forfeiture Act by any person whose duty it is to enforce this chapter, and must be disposed of as follows:

(1) A court with jurisdiction shall order such nicotine dispensing devices forfeited and destroyed.

A record of the place where such nicotine dispensing devices were seized;

the kind and quantity of such nicotine dispensing devices destroyed;

and the time, place, and manner of destruction of such nicotine dispensing devices must be maintained and a return under oath reporting the destruction of such nicotine dispensing devices must be made to the court by the officer who destroyed such nicotine dispensing devices.

(2) The division shall maintain a full and complete record of all nicotine dispensing devices showing:

(a) The exact types, quantities, and forms of such nicotine dispensing devices.

(b) The persons from whom such nicotine dispensing devices were received and the persons to whom they were delivered.

(c) By whose authority such nicotine dispensing devices Page 31 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 were569.345 received,Seizure and destruction of contraband nicotine products.—All nicotine products sold, delivered, possessed, or distributed contrary to any provisions of this chapter are declared to be contraband, are subject to seizure and destroyed.confiscation under the Florida Contraband Forfeiture Act by any person whose duty it is to enforce the provisions of this chapter, and must be disposed of as follows:

(d)(1) TheA datescourt ofhaving thejurisdiction receipt,shall disposal,order or destruction of such nicotine dispensingproducts devices,forfeited which record must be open to inspection by all persons charged with the enforcement of tobacco and nicotinedestroyed. product laws.

(3)A Therecord cost of seizure,the confiscation,place andwhere destructionsuch ofnicotine contrabandproducts and any accompanying nicotine dispensing devices iswere borneseized, by the personkinds fromand whomquantities suchof nicotine products and accompanying nicotine dispensing devices aredestroyed, seized.and the time, place, and manner of destruction must be kept, and a return under oath reporting the destruction must be made to the court by the officer who destroys them.

Section(2) 11.The division shall keep a full and complete record of all nicotine products and nicotine dispensing devices showing:

Section(a) 569.346,The Floridaexact Statutes,kinds, isquantities, createdand toforms read:of such nicotine products or nicotine dispensing devices;

569.346(b) AgentThe forpersons servicefrom ofwhom process.—they (1)were Areceived nonresidentand nicotine dispensing device manufacturer that is not registered to dowhom businessthey inwere thisdelivered; state as a foreign corporation or business entity shall, as a condition precedent to being listed on the directory created by s.

569.311,(c) appointBy andwhose continuallyauthority engagethey withoutwere interruptionreceived, thedelivered, services of an agent in this state to act as agent for the service of process on whom all process, and anydestroyed; action or proceeding against the manufacturer concerning or arising out of the enforcement of this chapter, may be served in any manner authorized by law.

Suchand service(d) shallThe constitutedates legalof andthe validreceipt, servicedisposal, ofor processdestruction, onwhich therecord manufacturer.must be open to inspection by all persons charged Page 26 of27 CODING:

The manufacturer shall provide the name, address, telephone number, and proof of the appointment and availability of such agent to the division.

(2) A nonresident manufacturer of nicotine dispensing Page 32 of35 CODING:

hb1007-02-c2hb1007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007CS/HB1007 2024 deviceswith shall provide notice to the divisionenforcement 30 calendar days before termination of thetobacco appointment of an agent, and shallnicotine furtherproduct providelaws. proof to the satisfaction of the division of the appointment of a new agent at least 5 calendar days before termination of the existing agent.

If(3) anThe agentcost terminatesof hisseizure, orconfiscation, herand existingdestruction appointment, the manufacturer shall notify the division of thecontraband terminationnicotine withinproducts 5is calendarborne days,by and shall include proof to the satisfactionperson offrom thewhom divisionsuch ofproducts theare appointmentseized. of a new agent.

(3)Section A11. nonresident nicotine dispensing device manufacturer whose nicotine dispensing devices are sold in this state who has not appointed and engaged the services of an agent as required by this section shall be deemed to have appointed the Secretary of State as the manufacturer's agent for service of process.

TheSubsections appointment(3) ofand the(4) Secretary of Statesection as569.002, theFlorida manufacturer'sStatutes, agentare doesamended notto satisfyread: the requirement in subsection (1).

Section 12.

Section 569.002, Florida Statutes, is amended to read:

(1)(9)(3) "Any"Nicotine personproduct" underhas the agesame ofmeaning 21"as doesprovided notin includes. any person under the age of 21 who:

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

or (b) Is acting in his or her scope of lawful employment with an entity licensed under the provisions of chapter 210 or Page 33 of35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 this part.

(2)(1) "Dealer" is synonymous with the term "retail tobacco product products dealer." (3)(2) "Division" means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.

(4)(3) "Nicotine product" has the same meaning as provided in s.

(5)(4)(4) "Nicotine dispensing device" has the same meaning as provided in s.

(6)(5)Section "Permit"12. is synonymous with the term "retail tobacco product products dealer permit." (7)(6) "Retail tobacco product products dealer" means the holder of a retail tobacco product products dealer permit.

(8)(7) "Retail tobacco product products dealer permit" means a permit issued by the division pursuant to s.

569.003.

(9)(8) "Tobacco products" 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.

Section 13.

Section 569.35, Florida Statutes, is amended to read:

569.35 Retail nicotine product dealers;

administrative penalties.—The division may suspend or revoke the permit of a dealer, including the retail tobacco products dealer permit of a Page 34 of35 CODING:

Words strickenare deletions;

words underlined are additions.

hb1007-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB1007 2024 retail tobacco products dealer as defined in s.

569.002 s.

569.002(4), upon sufficient cause appearing of the violation of any of the provisions of this part, by a dealer, or by a dealer's agent or employee.

The division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation.

The division shall deposit all fines collected into the General Revenue Fund as collected.

An order imposing an administrative fine becomes effective 15 days after the date of the order.

The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate.

Section 14.

Section 15.13.

Page 3527 of35of27 CODING:

hb1007-02-c2hb1007-01-c1