reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.005 - Operating without a retail tobacco products dealer permit; penalty.

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. 569.003. A person who violates this section is guilty of a noncriminal violation, punishable by a fine of not more than $500.
(2) 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.
(3) A person cited for an infraction under this section may:
(a) Post a $500 bond; or
(b) Sign and accept the citation indicating a promise to appear.
(4)(a) A person cited with violating this section may:
1. Pay the $500 fine, either by mail or in person, within 10 days after receiving the citation; or
2. If that person has posted a bond, forfeit the bond by not appearing at the scheduled hearing.
(b) If the person cited pays the $500 fine or forfeits the bond, that 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.
(5) 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.
(6) 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. 5, ch. 92-285.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.006 - Retail tobacco products dealers; administrative penalties.

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 machine to be located on its premises within the state, by a dealer or by a dealer’s agent or employee. The division may also assess and accept administrative fines 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. 6, ch. 92-285; s. 9, ch. 97-162; s. 10, ch. 2021-14.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.007 - Sale or delivery of tobacco products; restrictions.

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 vending machine are prohibited under the provisions of paragraph (1)(a) and are only permissible from a machine that is equipped with an operational lockout device which 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 tobacco 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 tobacco product is dispensed at a time.
(2) The provisions of subsection (1) shall not apply to an establishment that prohibits persons under 21 years of age on the licensed premises.
(3) The provisions of subsection (1) shall not apply to the sale or delivery of cigars and pipe tobacco.
(4) A dealer or a dealer’s agent or employee must require proof of age of a purchaser of a tobacco product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.
(5) A wholesale dealer or distributing agent, as those terms are defined in s. 210.01, or a distributor, as defined in s. 210.25, may sell or deliver tobacco products only to dealers who have permits.
History.—s. 7, ch. 92-285; s. 53, ch. 95-144; s. 11, ch. 97-162; s. 11, ch. 2021-14.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.0073 - Special provisions; smoking pipes and smoking devices.

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 of the items listed in subsection (2); and
(b)1. Derives at least 75 percent of its annual gross revenues from the retail sale of cigarettes, cigars, and other tobacco products; or
2. Derives no more than 25 percent of its annual gross revenues from the retail sale of the items listed in subsection (2).
(2) The following smoking pipes and smoking devices are subject to the provisions of this section:
(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic smoking pipes, with or without screens, permanent screens, or punctured metal bowls.
(b) Water pipes.
(c) Carburetion tubes and devices.
(d) Chamber pipes.
(e) Carburetor pipes.
(f) Electric pipes.
(g) Air-driven pipes.
(h) Chillums.
(i) Bongs.
(j) Ice pipes or chillers.
(3) Any person who violates this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 2010-118.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.0075 - Gift of sample tobacco products prohibited.

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; s. 12, ch. 2021-14.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.009 - Rulemaking authority.

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.
2023 Florida Statutes › Title XXXIV - Alcoholic Beverages and Tobacco › Chapter 569 - Tobacco and Nicotine Products › Part I - Tobacco Products (Ss. 569.002-569.23) › 569.101 - Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 21 years of age; criminal penalties; defense.

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 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 of 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 tobacco 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 this 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.—ss. 1, 2, ch. 5716, 1907; RGS 5530; CGL 7696; s. 1083, ch. 71-136; s. 1, ch. 85-100; s. 218, ch. 91-224; s. 11, ch. 92-285; s. 1388, ch. 97-102; s. 3, ch. 97-162; s. 15, ch. 2021-14.
Note.—Former s. 859.06.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; or
2. 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; or
2. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.01 - Department created; commissioner.

570.01 Department created; commissioner.—There is hereby created a department of the government of this state to be known as the “Department of Agriculture and Consumer Services.” The affairs of the department shall be transacted under the control of the Commissioner of Agriculture.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.02 - Definitions.

570.02 Definitions.—The following words and phrases as used in this chapter and in the agricultural laws of this state, unless the context otherwise requires, shall have the meanings respectively ascribed to them in this section:
(1) “Agriculture” means the science and art of production of plants and animals useful to humans, including to a variable extent the preparation of these products for human use and their disposal by marketing or otherwise, and includes aquaculture, horticulture, floriculture, viticulture, forestry, dairy, livestock, poultry, bees, and any and all forms of farm products and farm production. For the purposes of marketing and promotional activities, seafood shall also be included in this definition.
(2) “Agricultural business products” means nonconsumable products used in the producing, processing, distribution, and marketing of consumable farm products, including, but not limited to, machinery, equipment, and supplies.
(3) “Agricultural marketing facilities” means state-owned wholesale and retail markets managed by the Bureau of State Farmers’ Market.
(4) “Commissioner” means the Commissioner of Agriculture.
(5) “Department” means the Department of Agriculture and Consumer Services.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 215, ch. 71-377; s. 1, ch. 87-36; s. 1, ch. 88-341; s. 5, ch. 92-291; s. 1, ch. 93-169; s. 11, ch. 94-335; s. 21, ch. 96-247; s. 1182, ch. 97-103.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.031 - Seal of department.

570.031 Seal of department.—The department shall have an official seal which shall be used for the authentication of the orders and proceedings of the department and for such other purposes as the department may prescribe. Use of the seal or any likeness thereof requires written approval of the department.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 10, ch. 93-169; s. 69, ch. 2014-150.
Note.—Former s. 570.14.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.041 - Organization of departmental work.

570.041 Organization of departmental work.—In the assignment of functions to the divisions of the department created in s. 20.14, the department shall retain within the Division of Administration, in addition to executive functions, those powers and duties enumerated in s. 570.30. The department shall organize the work of the other divisions in such a way as to secure maximum efficiency in the conduct of the department. The divisions created in s. 20.14 are solely to make possible the definite placing of responsibility. The department shall be conducted as a unit in which every employee, including each division director, is assigned a definite workload, and there shall exist between division directors a spirit of cooperative effort to accomplish the work of the department.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 1, ch. 77-289; s. 21, ch. 2000-364; s. 51, ch. 2001-89; s. 4, ch. 2011-56; s. 36, ch. 2011-206; s. 18, ch. 2012-190; s. 72, ch. 2014-150.
Note.—Former s. 570.18.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.051 - Interference with department employees in performance of duties.

570.051 Interference with department employees in performance of duties.—No person shall attempt, by means of any threat or violence, to deter or prevent an inspector, agent, or other employee of the department from performing any duties imposed by law upon him or her or the department; and no person shall impersonate an inspector, agent, or other employee of the department. Whoever violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 59-54; s. 584, ch. 71-136; s. 12, ch. 93-169; s. 890, ch. 97-103; s. 2, ch. 2003-181; s. 70, ch. 2014-150.
Note.—Former s. 570.16.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.06 - Offices of the department.

570.06 Offices of the department.—The principal office of the department shall be located at the seat of state government. Branch offices may be established and maintained by the department in such places as the commissioner may determine. The offices shall be supplied with all necessary books, stationery, office equipment and furniture, to be furnished and paid for in the manner provided by law.
History.—s. 1, ch. 59-54.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.077 - Confidentiality of intelligence or investigative information.

570.077 Confidentiality of intelligence or investigative information.—
(1) Criminal or civil intelligence or investigative information or any other information held by the department as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency which is confidential or exempt under the laws or regulations of that state or federal agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. The department may obtain, use, and release the information in accordance with the conditions imposed by the joint or multiagency agreement.
(2) The department may release information that is made confidential and exempt under subsection (1):
(a) In the furtherance of its official duties and responsibilities.
(b) To another governmental agency in the furtherance of its official duties and responsibilities.
(3) The public records exemption provided in subsection (1) does not apply to information held by the department as part of an independent examination or investigation conducted by the department.
History.—s. 1, ch. 2016-161; s. 1, ch. 2021-88.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.081 - Division of work between department and experiment station and extension service.

570.081 Division of work between department and experiment station and extension service.—All of the regulatory work of the state relating to the protection of agricultural interests shall be conducted by the department and all of the demonstrational work shall be conducted by the Extension Service of the University of Florida. The experimental and research work pertaining to agriculture shall be conducted by the Experiment Station of the University of Florida.
History.—s. 1, ch. 59-54; s. 3, ch. 61-407; ss. 14, 35, ch. 69-106; s. 71, ch. 2014-150.
Note.—Former s. 570.17.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.09 - Assistant commissioner.

570.09 Assistant commissioner.—The commissioner shall appoint an assistant commissioner of agriculture, who shall serve at the commissioner’s pleasure. Before beginning the duties of the office, the assistant commissioner shall take and subscribe to the same oath of office as required of state officers in s. 5, Art. II of the State Constitution. The assistant commissioner shall be a person qualified by training and experience for the performance of the duties of the office.
History.—s. 1, ch. 59-54; s. 33, ch. 69-216; s. 1, ch. 74-204; s. 8, ch. 92-291; s. 41, ch. 98-34.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.091 - Deputy commissioners.

570.091 Deputy commissioners.—The commissioner may appoint no more than three deputy commissioners, who shall serve at the commissioner’s pleasure. The deputy commissioners shall be responsible for the duties assigned by the commissioner or assistant commissioner.
History.—s. 9, ch. 92-291; s. 6, ch. 93-169.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.092 - Inspector general.

570.092 Inspector general.—The commissioner shall appoint an inspector general, who shall be the inspector general as required in s. 20.055, who shall be directly responsible to the commissioner and shall serve at the pleasure of the commissioner. The inspector general shall be responsible for internal affairs investigations, management reviews, and grievances and any other investigations as necessary. The office of the inspector general shall see that all the rules issued by the department are strictly observed by all persons connected with the department. The inspector general and inspectors may enter any place where the department has an office and may review files, consult with employees, or obtain any information as necessary to conduct an investigation. The inspector general and inspectors shall be responsible for criminal and administrative investigation of matters relating to the department.
History.—s. 10, ch. 92-291; s. 6, ch. 95-153.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.10 - Counsel.

570.10 Counsel.—
(1) The department may have a legal staff of full-time attorneys, one of whom shall be general counsel.
(2) The attorneys of the department shall represent and appear for the department at all actions and proceedings involving any question under this chapter or within the jurisdiction of the department under any general or special law or under or in reference to any act, order, or proceedings of or before the department, and shall, when directed, intervene, if possible, in behalf of the department in any action or proceeding involving or relating to any matter within the jurisdiction or powers of the department.
(3) The several prosecuting attorneys of the state shall prosecute all criminal violations of the agricultural laws of this state upon the request of the department.
(4) Counsel shall act as counsel for any officer of the department in the conduct of a hearing, investigation, or inquiry executed under authority of the department or as provided in this chapter; advise any officer of the department, when so requested, in regard to all matters in connection with his or her powers and duties; and perform generally all duties and services as counsel of the department which may be reasonably required of them.
History.—s. 1, ch. 59-54; s. 2, ch. 61-407; ss. 11, 14, 35, ch. 69-106; s. 146, ch. 73-333; ss. 1, 2, ch. 75-252; s. 7, ch. 93-169; s. 887, ch. 97-103.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.11 - Directors; oath of office.

570.11 Directors; oath of office.—Before entering upon the duties of his or her office, each director of the department shall take and subscribe to the same oath of office as required of state officers by s. 5, Art. II of the State Constitution. Such oath must be filed with the Department of State.
History.—s. 1, ch. 59-54; s. 33, ch. 69-216; ss. 10, 35, ch. 69-106; s. 8, ch. 93-169; s. 888, ch. 97-103; s. 43, ch. 98-34.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.12 - Other officers and employees.

570.12 Other officers and employees.—There shall be employed or appointed such agents, inspectors, chemists, experts, statisticians, accountants, stenographers, clerks and other assistants and employees, as the department shall deem necessary for the exercise and the performance of the duties of the department under law. Such officers and employees shall be appointed by the department subject to personnel practices which shall be adopted by it and administered by the Division of Administration. The officers and employees of the department who are employed when this chapter takes effect shall continue their employment during the pleasure of the department.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106.
2023 Florida Statutes › Title XXXV - Agriculture, Horticulture, and Animal Industry › Chapter 570 - Department of Agriculture and Consumer Services › Part I - General Provisions (Ss. 570.01-570.232) › 570.13 - Salary of commissioner, officers, and employees; expenses.

570.13 Salary of commissioner, officers, and employees; expenses.—
(1) The annual salary of the commissioner shall be the amount as provided by law. The salaries of the assistant commissioner, counsel, directors, and all other officers and employees of the department shall be fixed by the department within the limits of funds appropriated for them.
(2) The reasonable and necessary travel and other expenses of the commissioner, assistant commissioner, counsel, directors, and other officers and employees of the department, while actually engaged in the performance of their duties, outside of the City of Tallahassee, or if any such officer or employee be in charge of or regularly employed at a branch office of the department, the reasonable and necessary travel and other expenses outside the place such branch office is located, shall be paid from the State Treasury after audit by the Chief Financial Officer of vouchers approved by the department in the amount provided in s. 112.061.
History.—s. 1, ch. 59-54; ss. 14, 35, ch. 69-106; s. 9, ch. 93-169; s. 736, ch. 2003-261.