Florida Statutes 569.345 – Seizure and destruction of contraband nicotine dispensing devices
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All nicotine dispensing devices sold, delivered, possessed, or distributed contrary to any provision of this chapter are declared to be contraband, are subject to seizure and confiscation under the Florida Contraband Forfeiture Act by any person whose duty it is to enforce this chapter, and must be disposed of as follows:
(1) A court having jurisdiction shall order such nicotine dispensing devices forfeited upon a showing that, by a preponderance of the evidence, such devices were sold, delivered, possessed, or distributed contrary to any provision of this chapter. Once any chapter 120 proceedings related to such devices have been completed, the court shall order any seized nicotine dispensing devices destroyed except as provided by applicable court orders. A record of the place where such devices were seized, the kinds and quantities of such devices destroyed, and the time, place, and manner of the destruction of such devices must be kept, and a return under oath reporting the destruction must be made to the court by the officer who destroys such devices.
(2) The Department of Legal Affairs shall keep a full and complete record of all nicotine dispensing devices seized under this section showing:
(a) The exact kinds, quantities, and forms of such nicotine dispensing devices;
Terms Used In Florida Statutes 569.345
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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. See Florida Statutes 569.31
- 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
(b) The persons from whom such devices were seized and to whom they were delivered;
(c) By whose authority such devices were seized, delivered, and destroyed; and
(d) The dates of the seizure, disposal, or destruction of such devices.
Such record must be open to inspection by all persons charged with the enforcement of tobacco and nicotine product laws.
(3) The cost of seizure, confiscation, and destruction of contraband nicotine dispensing devices is borne by the person from whom such products are seized.
(4) Except as otherwise provided in this section, the procedures of the Florida Contraband Forfeiture Act apply to this section.