Florida · statute · Fla. Stat. ch. 569 · 41 active provisions
As used in this part, the term:(1) “Dealer” is synonymous with the term “retail tobacco products dealer.”(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(3) “Nicotine product” has the same meaning as in s. 569.31.(4) “Nicotine dispensing dev…
The establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco products is preempted to the state.
A person or an entity licensed or permitted by the division under this part, or applying for a license or a permit, must create and maintain an account with the division’s online system and provide an e-mail address to the division to function as the primary means of contact for all communication by the division to the…
(1)(a) Each person, firm, association, or corporation that seeks to deal, at retail, in tobacco products within this state, or to allow a tobacco products vending machine to be located on its premises in this state, must obtain a retail tobacco products dealer permit for each place of business or the premises where tob…
An applicant for a 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 chapt…
(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in tobacco products, in any manner, or to allow a tobacco products vending machine to be located on its premises, without having a retail tobacco products dealer permit as required by s. 569.003. A person who violates this section is…
The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of this chapter, including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on it…
(1) In order to prevent persons under 21 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, except:(a) When under the direct control or line of sight of the dealer or the dealer’s agent or employee; or(b) Sales from a vending machine are prohibited under…
(1) It is unlawful for any person to offer for sale at retail any of the items listed in subsection (2) unless such person:(a) Has a retail tobacco products dealer permit under s. 569.003. The provisions of this chapter apply to any person that offers for retail sale any of the items listed in subsection (2); and(b)1.…
The gift of sample tobacco products to any person under the age of 21 by an entity licensed or permitted under the provisions of chapter 210 or this part, or by an employee of such entity, is prohibited and is punishable as provided in s. 569.101.
(1) The Legislature intends to prevent the sale of tobacco products to persons under 21 years of age and to encourage retail tobacco products dealers to comply with responsible practices in accordance with this section.(2) To qualify as a responsible retail tobacco products dealer, the dealer must establish and impleme…
The division shall adopt any rules necessary to administer and enforce the provisions of this part.
(1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 21 years of age, any tobacco product.(2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. However, any person who violat…
(1) It is unlawful for any person under 21 years of age to knowingly possess any tobacco product. Any person under 21 years of age who violates this subsection commits a noncriminal violation as provided in s. 775.08(3), punishable by:(a) For a first violation, 16 hours of community service or, instead of community ser…
(1) In addition to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, any law enforcement officer certified under s. 943.10(1), (6), or (8) shall enforce the provisions of this chapter.(2)(a) A county or municipality may designate certain of its employees or agent…
(1) A dealer that sells tobacco products shall post a clear and conspicuous sign in each place of business where such products are sold which substantially states the following:THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.(2) A dealer that sel…
The division shall report annually with written findings to the Legislature and the Governor by December 31 on the progress of implementing the enforcement provisions of this part. This must include, but is not limited to:(1) The number and results of compliance visits.(2) The number of violations for failure of a reta…
The following guidelines shall be applied to the expenditure of all funds paid to the State of Florida as a result of litigation entitled State of Florida v. American Tobacco Company, No. 95-1466AH, in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County:(1) The Legislature asserts its righ…
(1) Proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the State of Florida in negotiations for settlement payments pursuant to the settlement agreement, as amended, in the case of State of Florida v. American Tobacco Company, No. 95-1466AH, in…
(1) It is unlawful for any dealer who is licensed or permitted under this chapter, or a dealer’s agent or employee, to possess, sell, possess with intent to sell, deliver, or give, directly or indirectly, nitrous oxide on or from the dealer’s licensed premises. A dealer or a dealer’s agent or employee who violates this…
(1) As used in this section, the term “tobacco settlement agreement” means any settlement agreement, as amended, entered into by the state and one or more cigarette manufacturers in settlement of State of Florida v. American Tobacco Co., No. 95-1466AH (Fla. 15th Cir. Ct.). As used in this section, the term “security” m…
As used in this part, the term:(1) “Dealer” is synonymous with the term “retail nicotine products dealer.”(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.(3) “FDA” means the United States Food and Drug Administration.(4) “Nicotine dispensing…
(1) The Legislature has determined that information, testings, approvals, or scientific evidence may, from time to time, indicate that certain nicotine dispensing devices have a greater potential to be attractive to and be abused by minors than was evident when such devices were allowed on the market. It is the intent…
(1) A nicotine product manufacturer, a retail nicotine products dealer, a wholesaler, or a distributor may not sell, ship, or otherwise distribute a nicotine dispensing device in this state for eventual retail sale to a consumer in this state that is listed on the directory.(2) Any person who knowingly sells, ships or…
The establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, nicotine products is preempted to the state.