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SB364-SSA1,6,1815 139.345 (3) (a) (intro.) Verifies the consumer's name and address and that the
16consumer is at least 18 years of age the minimum age for purchasing a tobacco
17product under the federal Food, Drug, and Cosmetic Act
by any of the following
18methods:
SB364-SSA1,8 19Section 8 . 139.345 (3) (b) 2. of the statutes is amended to read:
SB364-SSA1,6,2420 139.345 (3) (b) 2. That the consumer understands that no person who is under
2118 years of age the minimum age for purchasing a tobacco product under the federal
22Food, Drug, and Cosmetic Act
may purchase or possess cigarettes or falsely
23represent his or her age for the purpose of receiving cigarettes, as provided under s.
24254.92.
SB364-SSA1,9 25Section 9 . 139.345 (7) (a) of the statutes is amended to read:
SB364-SSA1,7,10
1139.345 (7) (a) No person may deliver a package of cigarettes sold by direct
2marketing to a consumer in this state unless the person making the delivery receives
3a government issued identification card from the person receiving the package and
4verifies that the person receiving the package is at least 18 years of age the minimum
5age for purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act
.
6If the person receiving the package is not the person to whom the package is
7addressed, the person delivering the package shall have the person receiving the
8package sign a statement that affirms that the person to whom the package is
9addressed is at least 18 years of age the minimum age for purchasing a tobacco
10product under the federal Food, Drug, and Cosmetic Act
.
SB364-SSA1,10 11Section 10 . Subchapter IX (title) of chapter 254 [precedes 254.911] of the
12statutes is amended to read:
SB364-SSA1,7,1313 CHAPTER 254
SB364-SSA1,7,1414 SUBCHAPTER IX
SB364-SSA1,7,1515 SALE OR GIFT OF CIGARETTES,
SB364-SSA1,7,16 16NICOTINE PRODUCTS, vapor
SB364-SSA1,7,17 17products, OR TOBACCO
SB364-SSA1,7,1818 PRODUCTS TO MINORS
SB364-SSA1,11 19Section 11 . 254.911 (11) of the statutes is created to read:
SB364-SSA1,7,2020 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB364-SSA1,12 21Section 12 . 254.916 (2) (intro.) of the statutes is amended to read:
SB364-SSA1,8,222 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
23person under 18 years of age the minimum age for purchasing a tobacco product
24under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of age, may

1buy, attempt to buy, or possess any cigarette, nicotine product, or tobacco product, or
2vapor product
if all of the following are true:
SB364-SSA1,13 3Section 13 . 254.916 (2) (d) of the statutes is created to read:
SB364-SSA1,8,54 254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
5permission from his or her parent or guardian to participate in the investigation.
SB364-SSA1,14 6Section 14 . 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB364-SSA1,8,107 254.916 (3) (a) If questioned about his or her age during the course of an
8investigation, the minor person under the minimum age for purchasing a tobacco
9product under the federal Food, Drug, and Cosmetic Act used in the investigation

10shall state his or her true age.
SB364-SSA1,8,1311 (b) A minor person under the minimum age for purchasing a tobacco product
12under the federal Food, Drug, and Cosmetic Act
may not be used for the purposes of
13an investigation at a retail outlet at which the minor person is a regular customer.
SB364-SSA1,8,1614 (c) The appearance of a minor person under the minimum age for purchasing
15a tobacco product under the federal Food, Drug, and Cosmetic Act
may not be
16materially altered so as to indicate greater age.
SB364-SSA1,8,2217 (d) A photograph or videotape of the minor person under the minimum age for
18purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
19in the investigation
shall be made before or after the investigation or series of
20investigations on the day of the investigation or series of investigations. If a
21prosecution results from an investigation, the photograph or videotape shall be
22retained until the final disposition of the case.
SB364-SSA1,15 23Section 15 . 254.916 (3) (f) 2. of the statutes is amended to read:
SB364-SSA1,9,3
1254.916 (3) (f) 2. The age of the minor person under the minimum age for
2purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act used
3in the investigation
.
SB364-SSA1,16 4Section 16 . 254.92 (title) of the statutes is amended to read:
SB364-SSA1,9,7 5254.92 (title) Purchase or possession of cigarettes or, tobacco products,
6nicotine
products, or vapor products by person under 18 certain age
7prohibited.
SB364-SSA1,17 8Section 17 . 254.92 (1) of the statutes is amended to read:
SB364-SSA1,9,129 254.92 (1) No person under 18 years of age the minimum age for purchasing
10a tobacco product under the federal Food, Drug, and Cosmetic Act
may falsely
11represent his or her age for the purpose of receiving any cigarette, nicotine product,
12or tobacco product, or vapor product.
SB364-SSA1,18 13Section 18 . 254.92 (2) of the statutes is amended to read:
SB364-SSA1,9,1714 254.92 (2) No person under 18 years of age the minimum age for purchasing
15a tobacco product under the federal Food, Drug, and Cosmetic Act
may purchase,
16attempt to purchase, or possess any cigarette, nicotine product, or tobacco product,
17or vapor product
except as follows:
SB364-SSA1,9,2218 (a) A person under 18 years of age the minimum age for purchasing a tobacco
19product under the federal Food, Drug, and Cosmetic Act
may purchase or possess
20cigarettes, nicotine products, or tobacco products , or vapor products for the sole
21purpose of resale in the course of employment during his or her working hours if
22employed by a retailer.
SB364-SSA1,9,2523 (b) A person under 18 years of age the minimum age for purchasing a tobacco
24product under the federal Food, Drug, and Cosmetic Act
, but not under 15 years of
25age, may purchase, attempt to purchase or possess cigarettes, nicotine products, or

1tobacco products, or vapor products in the course of his or her participation in an
2investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
SB364-SSA1,19 3Section 19 . 254.92 (2m) (intro.) of the statutes is amended to read:
SB364-SSA1,10,84 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
5nicotine products, or vapor products on behalf of, or to provide to, any person who is
6under 18 years of age the minimum age for purchasing a tobacco product under the
7federal Food, Drug, and Cosmetic Act
. Any person who violates this subsection may
8be:
SB364-SSA1,20 9Section 20 . 254.92 (3) of the statutes is amended to read:
SB364-SSA1,10,1310 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
11or tobacco product, or vapor product that has been sold to and is in the possession of
12a person under 18 years of age the minimum age for purchasing a tobacco product
13under the federal Food, Drug, and Cosmetic Act
.
SB364-SSA1,21 14Section 21 . Initial applicability.
SB364-SSA1,10,2215 (1) This act first applies to purchases, attempts to purchase, possession, and
16false representations of age for the purpose of receiving any cigarette, nicotine
17product, tobacco product, or vapor product by persons under the minimum age for
18purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the
19effective date of this subsection and to sales or the provision of cigarettes, nicotine
20products, tobacco products, or vapor products to persons under the minimum age for
21purchasing a tobacco product under the federal Food, Drug, and Cosmetic Act on the
22effective date of this subsection.
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