reglab/housing_qa huggingface dataset:
FL Stat § 569.12 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.12 - Jurisdiction; tobacco product and nicotine product enforcement officers or agents; enforcement.

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 its employees or agents as tobacco product and nicotine product enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Nothing in this section shall be construed to permit the carrying of firearms or other weapons by a tobacco product and nicotine product enforcement agent, nor does designation as a tobacco product and nicotine product enforcement officer provide the employee or agent with the power of arrest or subject the employee or agent to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.(b) A tobacco product and nicotine product enforcement officer is authorized to issue a citation to a person under the age of 21 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 386.212, s. 569.11, or s. 569.42.(3) A correctional probation officer as defined in s. 943.10(3) is authorized to issue a citation to a person under the age of 21 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 569.11 or s. 569.42.(4) A citation issued to any person violating the provisions of s. 569.11 or s. 569.42 shall be in a form prescribed by the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation and shall contain:(a) The date and time of issuance.(b) The name and address of the person to whom the citation is issued.(c) The date and time the civil infraction was committed.(d) The facts constituting reasonable cause.(e) The number of the Florida statute violated.(f) The name and authority of the citing officer.(g) The procedure for the person to follow in order to contest the citation, perform the required community service, attend the required anti-tobacco or anti-tobacco and anti-nicotine program, or to pay the civil penalty.History.—s. 6, ch. 97-162; s. 17, ch. 2021-14.
FL Stat § 569.14 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|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.

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 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 sells tobacco products and nicotine products or nicotine dispensing devices may use a sign that substantially states the following:THE SALE OF TOBACCO PRODUCTS, NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.A dealer that uses a sign as described in this subsection meets the signage requirements of subsection (1) and s. 569.43(1).(3) The division shall make available to dealers of tobacco products signs that meet the requirements of subsection (1) or subsection (2).(4) Any dealer that sells tobacco products shall provide at the checkout counter in a location clearly visible to the dealer or the dealer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase tobacco products. This point of sale material must contain substantially the following language:IF YOU WERE NOT BORN BEFORE THIS DATE  (insert date and applicable year)  YOU CANNOT BUY TOBACCO PRODUCTS,NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES.Upon approval by the division, in lieu of a calendar a dealer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase tobacco products. Failure to comply with the provisions contained in this subsection shall result in imposition of administrative penalties as provided in s. 569.006.(5) The division, through its agents and inspectors, shall enforce this section.(6) Any person who fails to comply with subsection (1) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 1, ch. 89-259; s. 12, ch. 92-285; s. 252, ch. 94-218; s. 10, ch. 97-162; s. 1, ch. 2014-65; s. 18, ch. 2021-14.Note.—Former s. 859.061.
FL Stat § 569.19 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.19 - Annual report.

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 a valid license.(3) The number of violations for selling tobacco products to persons under age 21 and the results of administrative hearings on the above and related issues.(4) The number of persons under age 21 cited for violations of s. 569.11 and sanctions imposed as a result of citation.History.—s. 16, ch. 97-162; s. 116, ch. 2010-5; s. 19, ch. 2021-14.
FL Stat § 569.21 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part I - Tobacco Products (Ss. 569.002-569.23)|569.21 - Expenditure of tobacco settlement proceeds.

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 County:(1) The Legislature asserts its rights to appropriate all funds paid or payable to the state through the tobacco settlement. Before any funds are released, the Legislature must approve all program and funding proposals.(2) A trust fund should be created solely for the purpose of receiving and managing settlement funds, and a full and complete record of all budget and expenditure actions should be maintained.(3) Administrative costs associated with programs and providers that receive funds from the tobacco settlement should be set at a reasonable level, consistent with best management practices.(4) Local law enforcement agencies, businesses, and school districts should be involved in enforcement efforts as appropriate to the mission of each organization.(5) Funds received from the tobacco settlement may not be used for advertising that includes the name, voice, or likeness of any elected or appointed public official.(6) Greater emphasis should be placed on funding education, training, and enforcement programs than is placed on the funding of advertising.(7) County health departments must administer funds provided to each local coalition that is not specifically granted an exemption by the Legislature. Exemptions from requirements to administer coalition programs by county health departments shall be limited to established administrative entities that meet a test of several criteria established by the Department of Health and may not include provider agencies that could receive funding from the settlement.(8) Programs which raise matching funds should be maximized in order to get the greatest leverage of state funds.(9) Grant and contract processes should be competitive and objective.(10) Requests for information or for proposals should emphasize that performance measures will be required for all contracts and grants.(11) A substantial portion of the program should be character-based and focused on rewarding appropriate values and behavior in youth.(12) Needs of the minority youth community in this state should be addressed.History.—s. 2, ch. 98-63.
FL Stat § 569.31 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.31 - Definitions.

569.31 Definitions.—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) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.(4) “Nicotine product” means any product that contains nicotine, including liquid nicotine, which is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means. The term also includes any nicotine dispensing device. The term does not include a:(a) Tobacco product, as defined in s. 569.002;(b) Product regulated as a drug or device by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act; or(c) Product that contains incidental nicotine.(5) “Permit” is synonymous with the term “retail nicotine products dealer permit.”(6) “Retail nicotine products dealer” means the holder of a retail nicotine products dealer permit.(7) “Retail nicotine products dealer permit” means a permit issued by the division under s. 569.32.(8) “Self-service merchandising” means the open display of nicotine products, whether packaged or otherwise, for direct retail customer access and handling before purchase without the intervention or assistance of the dealer or the dealer’s owner, employee, or agent. An open display of such products and devices includes the use of an open display unit.(9) “Any person under the age of 21” does not include 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.History.—s. 20, ch. 2021-14.
FL Stat § 569.315 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.315 - Preemption.

569.315 Preemption.—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.History.—s. 21, ch. 2021-14.
FL Stat § 569.33 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.33 - Consent to inspection and search without warrant.

569.33 Consent to inspection and search without warrant.—An applicant for a retail nicotine products 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.History.—s. 23, ch. 2021-14.
FL Stat § 569.34 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.34 - Operating without a retail nicotine products dealer permit; penalty.

569.34 Operating without a retail nicotine products dealer permit; penalty.—(1) It is unlawful for a person, firm, association, or corporation to deal, at retail, in nicotine products, in any manner, or to allow a nicotine products vending machine to be located on its premises, without having a retail nicotine product dealer permit as required by s. 569.32. A person who violates this section commits a noncriminal violation, punishable by a fine of not more than $500.(2) A retail tobacco products dealer, as defined in s. 569.002(4), is not required to have a separate or additional retail nicotine products dealer permit to deal, at retail, in nicotine products within the state, or allow a nicotine products vending machine to be located on its premises in the state. Any retail tobacco products dealer that deals, at retail, in nicotine products or allows a nicotine products vending machine to be located on its premises in the state, is subject to, and must be in compliance with, this part.(3) Any person who violates this section shall be cited for such infraction and shall be cited to appear before the county court. The citation may indicate the time, date, and location of the scheduled hearing and must indicate that the penalty for a noncriminal violation is a fine of not more than $500.(a) A person cited for an infraction under this section may:1. Post a $500 bond; or2. Sign and accept the citation indicating a promise to appear.(b) A person cited for violating this section may:1. Pay the fine, either by mail or in person, within 10 days after receiving the citation; or2. If the person has posted bond, forfeit the bond by not appearing at the scheduled hearing.(c) If the person pays the fine or forfeits bond, the person is deemed to have admitted violating this section and to have waived the right to a hearing on the issue of commission of the violation. Such admission may not be used as evidence in any other proceeding.(d) The court, after a hearing, shall make a determination as to whether an infraction has been committed. If the commission of an infraction has been proven beyond a reasonable doubt, the court may impose a civil penalty in an amount that may not exceed $500.(e) If a person is found by the court to have committed the infraction, that person may appeal that finding to the circuit court.History.—s. 24, ch. 2021-14.
FL Stat § 569.35 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.35 - Retail nicotine product dealers; administrative penalties.

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 retail tobacco products dealer as defined in 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.History.—s. 25, ch. 2021-14.
FL Stat § 569.37 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.37 - Sale or delivery of nicotine products; restrictions.

569.37 Sale or delivery of nicotine products; restrictions.—(1) In order to prevent persons under 21 years of age from purchasing or receiving nicotine products, the sale or delivery of nicotine 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 paragraph (a) and are only permissible from a machine that is equipped with an operational lockout device that is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one nicotine product. The lockout device must include a mechanism to prevent the machine from functioning if the power source for the lockout device fails or if the lockout device is disabled and a mechanism to ensure that only one nicotine product is dispensed at a time.(2)(a) A dealer that sells nicotine products may not sell, permit to be sold, offer for sale, or display for sale such products or devices by means of self-service merchandising.(b) A dealer that sells nicotine products may not place such products or devices in an open display unit unless the unit is located in an area that is inaccessible to customers.(3) The provisions of subsections (1) and (2) shall not apply to an establishment that prohibits persons under 21 years of age on the licensed premises.(4) A dealer or a dealer’s agent or employee must require proof of age of a purchaser of a nicotine product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.History.—s. 26, ch. 2021-14.
FL Stat § 569.38 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.38 - Gift of sample nicotine products and nicotine dispensing devices.

569.38 Gift of sample nicotine products and nicotine dispensing devices.—The gift of sample nicotine products to any person under the age of 21 by an entity permitted under this part, or by an employee of such entity, is prohibited and is punishable as provided in s. 569.41.History.—s. 27, ch. 2021-14.
FL Stat § 569.39 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.39 - Rulemaking authority.

569.39 Rulemaking authority.—The division shall adopt rules to administer and enforce this part.History.—s. 29, ch. 2021-14.
FL Stat § 569.41 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.41 - Selling, delivering, bartering, furnishing, or giving nicotine products to persons under 21 years of age; criminal penalties; defense.

569.41 Selling, delivering, bartering, furnishing, or giving nicotine 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 nicotine 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 violates subsection (1) for a second or subsequent time within 1 year after the first violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.(3) A person charged with a violation of subsection (1) has a complete defense if, at the time the nicotine product was sold, delivered, bartered, furnished, or given:(a) The buyer or recipient falsely evidenced that she or he was 21 years of age or older;(b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and(c) Such person carefully checked a driver license or an identification card issued by the state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older.History.—s. 30, ch. 2021-14.
FL Stat § 569.43 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.43 - Posting of a sign stating that the sale of nicotine products or nicotine dispensing devices to persons under 21 years of age is unlawful; enforcement; penalty.

569.43 Posting of a sign stating that the sale of nicotine products or nicotine dispensing devices to persons under 21 years of age is unlawful; enforcement; penalty.—(1) A dealer that sells nicotine products shall post a clear and conspicuous sign in each place of business at which such products are sold which substantially states the following:THE SALE OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 21 IS AGAINST FLORIDA LAW. PROOF OF AGE IS REQUIRED FOR PURCHASE.(2) The division shall make available to dealers of nicotine products signs that meet the requirements of subsection (1).(3) Any dealer that sells nicotine products shall provide at the checkout counter in a location clearly visible to the dealer or the dealer’s agent or employee instructional material in a calendar format or similar format to assist in determining whether a person is of legal age to purchase nicotine products. This point of sale material must contain substantially the following language:IF YOU WERE NOT BORN BEFORE THIS DATE  (insert date and applicable year)  YOU CANNOT BUY TOBACCO PRODUCTS,NICOTINE PRODUCTS, OR NICOTINE DISPENSING DEVICES.Upon approval by the division, in lieu of a calendar a dealer may use card readers, scanners, or other electronic or automated systems that can verify whether a person is of legal age to purchase nicotine products. Failure to comply with the provisions contained in this subsection shall result in imposition of administrative penalties as provided in s. 569.35.(4) The division, through its agents and inspectors, shall enforce this section.(5) Any person who fails to comply with subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.History.—s. 32, ch. 2021-14.
FL Stat § 569.44 (2021)
2021 Florida Statutes|Title XXXIV - Alcoholic Beverages and Tobacco|Chapter 569 - Tobacco and Nicotine Products|Part II - Nicotine Products (Ss. 569.31-569.45)|569.44 - Annual report.

569.44 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 a valid permit.(3) The number of violations for selling nicotine products to persons under age 21 and the results of administrative hearings on the above and related issues.(4) The number of persons under age 21 cited for violations of s. 569.42 and sanctions imposed as a result of citation.History.—s. 33, ch. 2021-14.