Florida Statutes 569.008 – Responsible retail tobacco products dealers; qualifications; mitigation of disciplinary penalties; diligent management and supervision; presumption
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(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 tobacco products dealer, the dealer must establish and implement procedures designed to ensure that the dealer’s employees comply with the provisions of this chapter. The dealer must provide a training program for the dealer’s employees which addresses the use and sale of tobacco products and which includes at least the following topics:
(a) Laws covering the sale of tobacco products.
Terms Used In Florida Statutes 569.008
- Dealer: is synonymous with the term "retail tobacco products dealer. See Florida Statutes 569.002
- Division: means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. See Florida Statutes 569.002
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Retail tobacco products dealer: means the holder of a retail tobacco products dealer permit. See Florida Statutes 569.002
- Tobacco products: includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. See Florida Statutes 569.002
(b) Methods of recognizing and handling customers under 21 years of age.
(c) Procedures for proper examination of identification cards in order to verify that customers are not under 21 years of age.
(d) The use of the age audit identification function on electronic point-of-sale equipment, where available.
(3) In determining penalties under s. 569.006, the division may mitigate penalties imposed against a dealer because of an employee’s illegal sale of a tobacco product to a person under 21 years of age if the following conditions are met:
(a) The dealer is qualified as a responsible dealer under this section.
(b) The dealer provided the training program required under subsection (2) to that employee before the illegal sale occurred.
(c) The dealer had no knowledge of that employee’s violation at the time of the violation and did not direct, approve, or participate in the violation.
(d) If the sale was made through a vending machine, the machine was equipped with an operational lock-out device.
(4) The division shall develop and make available a model tobacco products training program designed to ensure adherence to this act by dealers and their employees which, if followed, will qualify dealers as responsible dealers.
(5) Dealers shall exercise diligence in the management and supervision of their premises and in the supervision and training of their employees, agents, or servants. In proceedings to impose penalties under s. 569.006, proof that employees, agents, or servants of the dealer, while in the scope of their employment, committed at least three violations of s. 569.101 during a 180-day period shall be prima facie evidence of a lack of due diligence by the dealer in the management and supervision of his or her premises and in the supervision and training of employees, agents, officers, or servants.
(6) The division may consider qualification as a responsible retail tobacco products dealer under this section as evidence that the dealer properly exercised the diligence required under this section.