SB364,6,1616 PRODUCTS TO MINORS
SB364,11 17Section 11 . 254.911 (11) of the statutes is created to read:
SB364,6,1818 254.911 (11) “Vapor product” has the meaning given in s. 139.75 (14).
SB364,12 19Section 12 . 254.916 (2) (intro.) of the statutes is amended to read:
SB364,6,2320 254.916 (2) (intro.) With the permission of his or her parent or guardian, a A
21person under 18 21 years of age, but not under 15 years of age, may buy, attempt to
22buy, or possess any cigarette, nicotine product, or tobacco product, or vapor product
23if all of the following are true:
SB364,13 24Section 13. 254.916 (2) (d) of the statutes is created to read:
SB364,7,2
1254.916 (2) (d) If the person is under 18 years of age, he or she has obtained
2permission from his or her parent or guardian to participate in the investigation.
SB364,14 3Section 14. 254.916 (3) (a), (b), (c) and (d) of the statutes are amended to read:
SB364,7,64 254.916 (3) (a) If questioned about his or her age during the course of an
5investigation, the minor person under 21 years of age used in the investigation shall
6state his or her true age.
SB364,7,87 (b) A minor person under 21 years of age may not be used for the purposes of
8an investigation at a retail outlet at which the minor person is a regular customer.
SB364,7,109 (c) The appearance of a minor person under 21 years of age may not be
10materially altered so as to indicate greater age.
SB364,7,1511 (d) A photograph or videotape of the minor person under 21 years of age used
12in the investigation
shall be made before or after the investigation or series of
13investigations on the day of the investigation or series of investigations. If a
14prosecution results from an investigation, the photograph or videotape shall be
15retained until the final disposition of the case.
SB364,15 16Section 15. 254.916 (3) (f) 2. of the statutes is amended to read:
SB364,7,1817 254.916 (3) (f) 2. The age of the minor person under 21 years of age used in the
18investigation
.
SB364,16 19Section 16 . 254.92 (title) of the statutes is amended to read:
SB364,7,21 20254.92 (title) Purchase or possession of cigarettes or, tobacco products,
21nicotine products, or vapor products
by person under 18 21 prohibited.
SB364,17 22Section 17 . 254.92 (1) of the statutes is amended to read:
SB364,7,2523 254.92 (1) No person under 18 21 years of age may falsely represent his or her
24age for the purpose of receiving any cigarette, nicotine product, or tobacco product,
25or vapor product
.
SB364,18
1Section 18. 254.92 (2) of the statutes is amended to read:
SB364,8,42 254.92 (2) No person under 18 21 years of age may purchase, attempt to
3purchase, or possess any cigarette, nicotine product, or tobacco product, or vapor
4product
except as follows:
SB364,8,85 (a) A person under 18 21 years of age may purchase or possess cigarettes,
6nicotine products, or tobacco products, or vapor products for the sole purpose of resale
7in the course of employment during his or her working hours if employed by a
8retailer.
SB364,8,129 (b) A person under 18 21 years of age, but not under 15 years of age, may
10purchase, attempt to purchase or possess cigarettes, nicotine products, or tobacco
11products, or vapor products in the course of his or her participation in an
12investigation under s. 254.916 that is conducted in accordance with s. 254.916 (3).
SB364,19 13Section 19 . 254.92 (2m) (intro.) of the statutes is amended to read:
SB364,8,1614 254.92 (2m) (intro.) No person may purchase cigarettes, tobacco products, or
15nicotine products, or vapor products on behalf of, or to provide to, any person who is
16under 18 21 years of age. Any person who violates this subsection may be:
SB364,20 17Section 20 . 254.92 (3) of the statutes is amended to read:
SB364,8,2018 254.92 (3) A law enforcement officer shall seize any cigarette, nicotine product,
19or tobacco product, or vapor product that has been sold to and is in the possession of
20a person under 18 21 years of age.
SB364,21 21Section 21 . Initial applicability.
SB364,9,222 (1) This act first applies to purchases, attempts to purchase, possession, and
23false representations of age for the purpose of receiving any cigarette, nicotine
24product, tobacco product, or vapor product by persons under the age of 21 on the
25effective date of this subsection and to sales or the provision of cigarettes, nicotine

1products, tobacco products, or vapor products to persons under the age of 21 on the
2effective date of this subsection.
SB364,22 3Section 22 . Effective date.
SB364,9,54 (1) This act takes effect on the first day of the 7th month beginning after
5publication.
SB364,9,66 (End)
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