569.002 Definitions.—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 provided in s. 569.31(4). (4) “Nicotine dispensing device” has the same meaning as provided in […]
569.0025 Preemption.—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. History.—s. 7, ch. 2021-14.
569.003 Retail tobacco products dealer permits; application; qualifications; fees; renewal; duplicates.— (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 […]
569.004 Consent to inspection and search without warrant.—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 […]
569.005 Operating without a retail tobacco products dealer permit; penalty.— (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. […]
569.006 Retail tobacco products dealers; administrative penalties.—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 […]
569.007 Sale or delivery of tobacco products; restrictions.— (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 […]
569.0073 Special provisions; smoking pipes and smoking devices.— (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 […]
569.0075 Gift of sample tobacco products prohibited.—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. History.—s. 12, ch. 97-162; […]
569.008 Responsible retail tobacco products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption.— (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 […]
569.009 Rulemaking authority.—The division shall adopt any rules necessary to administer and enforce the provisions of this part. History.—s. 9, ch. 92-285; s. 14, ch. 97-162; s. 14, ch. 2021-14.
569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 21 years of age; criminal penalties; defense.— (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 […]
569.11 Possession, misrepresenting age or military service to purchase, and purchase of tobacco products by persons under 21 years of age prohibited; penalties; jurisdiction; disposition of fines.— (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 […]
569.12 Jurisdiction; tobacco product and nicotine product enforcement officers or agents; enforcement.— (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 […]
569.14 Posting of a sign stating that the sale of tobacco products or nicotine products to persons under 21 years of age is unlawful; enforcement; penalty.— (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 […]
569.19 Annual report.—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 retailer to hold […]
569.21 Expenditure of tobacco settlement proceeds.—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 et al. v. American Tobacco Company et al., No. 95-1466AH, in the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach […]
569.215 Confidential records relating to tobacco settlement agreement.— (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 et al. v. American Tobacco Company et al., No. 95-1466AH, […]
569.23 Security requirements for tobacco settlement agreement signatories, successors, parents, and affiliates.— (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 […]
