THE BILL ITSELF
HB 843
Nicotine Products
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A bill to be entitled
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An act relating to nicotine products; providing a
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short title; amending s. 569.33, F.S.; requiring the
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Division of Alcoholic Beverages and Tobacco to inspect
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on a regular basis the place or premises of certain
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retail nicotine products dealers for a specified
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purpose; providing that an applicant for a retail
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nicotine products dealer permit, by accepting the
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permit, agrees to such inspections; amending s.
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569.35, F.S.; authorizing the division to assess
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certain fines and penalties for violations involving
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the sale of certain nicotine dispensing devices, or
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the advertising, promoting, or displaying for sale
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such devices; requiring specified amounts of the fines
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collected by the division to de deposited in the
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Professional Regulation Trust Fund and the Department
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of Law Enforcement Operating Trust Fund; amending s.
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569.37, F.S.; prohibiting dealers of certain nicotine
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dispensing devices that do not prohibit individuals
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under 21 years of age on the licensed premises from
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advertising, promoting, or displaying for sale such
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devices in a specified manner; providing
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applicability; authorizing dealers of certain nicotine
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dispensing devices that prohibit individuals under 21
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years of age on the licensed premises to advertise,
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promote, or display for sale such devices in a
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specified manner; amending s. 569.39, F.S.; revising
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the rulemaking authority of the division under the
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Beverage Law; amending s. 569.44, F.S.; revising the
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annual reporting requirement of the division under the
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Beverage Law to include the number of certain
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violations; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Florida Age Gate
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Act."
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Section 2. Section 569.33, Florida Statutes, is amended to
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read:
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569.33 Consent to inspection and search without warrant.—
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(1)(a) An applicant for a retail nicotine products dealer
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permit, by accepting the permit when issued, agrees that the
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place or premises covered by the permit is subject to inspection
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and search without a search warrant by the division or its
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authorized assistants, and by sheriffs, deputy sheriffs, or
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police officers, to determine compliance with this part.
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(b) The division or its authorized assistants shall
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inspect on a regular basis the place or premises of a retail
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nicotine products dealer who advertises, promotes, or displays
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for sale a nicotine dispensing device that has not received a
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marketing granted order under 21 U.S.C. s. 387j in order to
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determine compliance with this part.
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(2) An applicant for a retail nicotine products dealer
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permit, by accepting the permit when issued, agrees that the
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place or premises covered by the permit is subject to inspection
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and search without a search warrant by the Department of Law
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Enforcement for any violation involving the advertisement,
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promotion, or display for sale of a nicotine dispensing device
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that has not received a marketing granted order under 21 U.S.C.
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s. 387j.
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Section 3. Section 569.35, Florida Statutes, is amended to
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read:
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569.35 Retail nicotine product dealers; administrative
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penalties.—
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(1) The division may suspend or revoke the permit of a
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retail nicotine products dealer, including the retail tobacco
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products dealer permit of a retail tobacco products dealer as
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defined in s. 569.002(4), upon sufficient cause appearing of the
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violation of any of the provisions of this part, by a dealer, or
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by a dealer's agent or employee.
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(2)(a) Except as provided in paragraph (b), the division
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may also assess and accept an administrative fine of up to
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$1,000 against a dealer for each violation. The division shall
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deposit all fines collected into the General Revenue Fund as
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collected.
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(b) For each violation involving the sale of a nicotine
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dispensing device that has not received a marketing granted
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order under 21 U.S.C. s. 387j, or the advertising, promoting, or
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displaying for sale such a device, the division may:
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1. For a first violation, assess and accept an
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administrative fine in an amount not less than $500, but no more
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than $1,000, and shall order a dealer to take corrective action
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within 15 days after notice of the violation.
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2. For a second violation, assess and accept an
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administrative fine in an amount not less than $1,000, but no
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more than $2,500, and shall suspend the dealer's permit for not
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more than 3 days.
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3. For a third violation, assess and accept an
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administrative fine in an amount not less than $2,500, but no
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more than $5,000, and shall suspend the dealer's permit for not
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more than 30 days.
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4. For a fourth violation, assess and accept an
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administrative fine in an amount not less than $5,000, and shall
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suspend the dealer's permit for not more than 90 days.
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5. For a fifth or subsequent violation, revoke the
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dealer's permit.
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One-half of the fines collected under this paragraph shall be
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deposited in the Professional Regulation Trust Fund, and the
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other half to the Department of Law Enforcement Operating Trust
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Fund.
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(3) An order imposing an administrative fine becomes
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effective 15 days after the date of the order. The division may
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suspend the imposition of a penalty against a dealer,
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conditioned upon the dealer's compliance with terms the division
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considers appropriate.
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Section 4. Section 569.37, Florida Statutes, is amended to
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read:
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569.37 Sale or delivery of nicotine products;
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restrictions.—
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(1) In order to prevent persons under 21 years of age from
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purchasing or receiving nicotine products, the sale or delivery
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of nicotine products is prohibited, except:
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(a) When under the direct control or line of sight of the
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dealer or the dealer's agent or employee; or
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(b) Sales from a vending machine are prohibited under
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paragraph (a) and are only permissible from a machine that is
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equipped with an operational lockout device that is under the
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control of the dealer or the dealer's agent or employee who
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directly regulates the sale of items through the machine by
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triggering the lockout device to allow the dispensing of one
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nicotine product. The lockout device must include a mechanism to
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prevent the machine from functioning if the power source for the
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lockout device fails or if the lockout device is disabled and a
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mechanism to ensure that only one nicotine product is dispensed
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at a time.
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(2)(a) A dealer that sells nicotine products may not sell,
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permit to be sold, offer for sale, or display for sale such
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products or devices by means of self-service merchandising.
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(b) A dealer that sells nicotine products may not place
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such products or devices in an open display unit unless the unit
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is located in an area that is inaccessible to customers.
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(3)(a)1. A dealer that sells a nicotine dispensing device
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that has not received a marketing granted order under 21 U.S.C.
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s. 387j, and that does not prohibit individuals under 21 years
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of age on the licensed premises, may not:
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a. Advertise, promote, or display for sale such device.
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b. Advertise, promote, or display for sale such device in
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an area visible to any person outside the licensed premises.
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c. Advertise, promote, or display for sale such device
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inside the licensed premises in a manner visible to persons
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under 21 years of age, including, but not limited to, the
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placement of such a device in an open display unit visible to
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persons under 21 years of age.
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2. Subparagraph 1. does not apply to a nicotine dispensing
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device that has received a marketing granted order under 21
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U.S.C. s. 387j, including:
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a. Each stock keeping unit marketed by the manufacturer of
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such a device under the same brand family; and
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b. A closed-system, replacement cartridge device designed
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exclusively for use with a proprietary, reusable, and
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rechargeable device that has received a marketing granted order
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under 21 U.S.C. s. 387j, provided a dealer sells such device, or
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advertises, promotes, or displays for sale such device, in
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compliance with this section.
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(b) A dealer that sells a nicotine dispensing device that
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has received a marketing granted order under 21 U.S.C. s. 387j,
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and that prohibits persons under 21 years of age on the licensed
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premises, may advertise, promote, or display for sale such
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device in areas visible to any person inside or outside the
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licensed premises.
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(4)(3) Notwithstanding subsections (1)–(3), this section
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does The provisions of subsections (1) and (2) shall not apply
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to an establishment that prohibits persons under 21 years of age
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on the licensed premises.
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(5)(4) A dealer or a dealer's agent or employee must
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require proof of age of a purchaser of a nicotine product before
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selling the product to that person, unless the purchaser appears
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to be 30 years of age or older.
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Section 5. Section 569.39, Florida Statutes, is amended to
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read:
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569.39 Rulemaking authority.—The division shall adopt
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rules to administer and enforce this part. Such rules must
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include guidelines for compliance audits and enforcement actions
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relating to advertising, promoting, or displaying for sale
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nicotine dispensing devices that have not received a marketing
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granted order under 21 U.S.C. s. 387j, and shall expressly
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authorize establishments that prohibit persons under 21 years of
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age on the licensed premises to sell single-use nicotine
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dispensing devices that have not received a marketing granted
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order under 21 U.S.C. s. 387j, consistent with s. 569.37.
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Section 6. Subsections (3) and (4) of section 569.44,
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Florida Statutes, are renumbered as subsections (4) and (5),
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respectively, and a new subsection (3) is added to that section,
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to read:
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569.44 Annual report.—The division shall report annually
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with written findings to the Legislature and the Governor by
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December 31 on the progress of implementing the enforcement
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provisions of this part. This must include, but is not limited
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to:
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(3) The number of violations of s. 569.37(3) for
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advertising, promoting, or displaying for sale a nicotine
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dispensing device that has not received a marketing granted
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order under 21 U.S.C. s. 387j, and any penalties imposed
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pursuant to s. 569.35(2).
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Section 7. This act shall take effect July 1, 2026.