Florida Statutes 569.45 – Mail order, Internet, and remote sales of nicotine products; age verification
Current as of: 2024 | Check for updates
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(1) For purposes of this section, the term:
For details, see Fla. Stat. § 775.082(4)(b)
(a) “Consumer” means a person in the state who comes into possession of any nicotine product who, at the time of possession, is not intending to sell or distribute the nicotine product, or is not a retailer.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 569.45
- Dealer: is synonymous with the term "retail nicotine products dealer. See Florida Statutes 569.31
- Division: means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation. See Florida Statutes 569.31
- 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
- Permit: is synonymous with the term "retail nicotine products dealer permit. 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
- Retail nicotine products dealer: means the holder of a retail nicotine products dealer permit. See Florida Statutes 569.31
- sale: means , in addition to its common usage meaning, any sale, transfer, exchange, barter, gift, or offer for sale and distribution, in any manner or by any means. See Florida Statutes 569.31
- writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 1.01
(b) “Delivery sale” means any sale of nicotine products to a consumer in the state for which:
1. The consumer submits the order for the sale by telephonic or other voice transmission, mail, delivery service, or the Internet or other online service; or
2. The nicotine products are delivered by use of mail or a delivery service.
(c) “Delivery service” means any person engaged in the commercial delivery of letters, packages, or other containers.
(d) “Legal minimum purchase age” means the minimum age at which an individual may legally purchase nicotine products in the state.
(e) “Retailer” means any person who is required to obtain a retail nicotine products dealer permit or a retail tobacco products dealer permit, as defined in s. 569.002.
(f) “Shipping container” means a container in which nicotine products are shipped in connection with a delivery sale.
(g) “Shipping document” means a bill of lading, airbill, United States Postal Service form, or any other document used to verify the undertaking by a delivery service to deliver letters, packages, or other containers.
(2)(a) A sale of nicotine products constituting a delivery sale under paragraph (1)(b) is a delivery sale regardless of whether the person accepting the order for the delivery sale is located inside or outside the state.
(b) A retailer must obtain a retail nicotine products dealer permit or a retail tobacco products dealer permit, as defined in s. 569.002, from the division under the requirements of this chapter before accepting an order for a delivery sale.
(c) A person may not make a delivery sale of nicotine products to any individual who is not 21 years of age or older.
(d) Each person accepting an order for a delivery sale must comply with each of the following:
1. The age verification requirements set forth in subsection (3).
2. The disclosure requirements set forth in subsection (4).
3. The shipping requirements set forth in subsection (5).
(3) A person may not mail, ship, or otherwise deliver nicotine products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person accepting the order for the delivery sale:
(a) Obtains from the person submitting the order a certification that includes:
1. Reliable confirmation that the person is 21 years of age or older; and
2. A statement signed by the person in writing and under penalty of perjury which:
a. Certifies the address and date of birth of the person; and
b. Confirms that the person wants to receive delivery sales from a nicotine products company and understands that, under the laws of the state, the following actions are illegal:
(I) Signing another person’s name to the certification;
(II) Selling nicotine products to individuals who are not 21 years of age or older; and
(III) Purchasing nicotine products, if the person making the purchase is not 21 years of age or older.
(b) Makes a good faith effort to verify the information contained in the certification provided by the individual under paragraph (a) against a commercially available database that may be reasonably relied upon for accurate age information or obtains a photocopy or other image of a valid government-issued identification card stating the date of birth or age of the individual.
(c) Provides to the individual, via electronic mail or other means, a notice meeting the requirements of subsection (4).
(d) If an order for nicotine products is made pursuant to an advertisement on the Internet, receives payment for the delivery sale from the consumer by a credit or debit card issued in the name of the consumer, or by personal or company check of the consumer.
(e) Submits, to each credit card acquiring company with which the person has credit card sales, identification information in an appropriate form and format so that the words “nicotine product” may be printed in the purchaser’s credit card statement when a purchase of a nicotine product is made by credit card payment.
(f) Makes a telephone call after 5 p.m. to the purchaser confirming the order before shipping the nicotine products. The telephone call may be a person-to-person call or a recorded message. The person accepting the order for delivery sale is not required to speak directly with a person and may leave a message on an answering machine or through voice mail.
In addition to the requirements of this subsection, a person accepting an order for a delivery sale may request that a consumer provide an electronic mail address.
(4) The notice described in paragraph (3)(c) must include prominent and clearly legible statements that sales of nicotine products are:
(a) Illegal if made to individuals who are not 21 years of age or older.
(b) Restricted to those individuals who provide verifiable proof of age in accordance with subsection (3).
(5) Each person who mails, ships, or otherwise delivers nicotine products in connection with an order for a delivery sale must:
(a) Include as part of the shipping documents, in a clear and conspicuous manner, the following statement: “Nicotine Products: Florida law prohibits shipping to individuals under 21 years of age.”
(b) Use a method of mailing, shipping, or delivery which obligates the delivery service to require:
1. The individual submitting the order for the delivery sale or another person 21 years of age or older who resides at the individual’s address to sign his or her name to accept delivery of the shipping container. Proof of the legal minimum purchase age of the individual accepting delivery is required only if the individual appears to be under 30 years of age.
2. Proof that the individual is either the addressee or the individual who is 21 years of age or older designated by the addressee, in the form of a valid, government-issued identification card bearing a photograph of the individual who signs to accept delivery of the shipping container.
If the person accepting a purchase order for a delivery sale delivers the nicotine products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service. Any failure to comply with a requirement of this section constitutes a violation thereof.
(6) This section does not apply to delivery sales of nicotine products to a retail nicotine products dealer or a retail tobacco products dealer, as defined in s. 569.002.
(7) An individual 21 years of age or older who knowingly violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(8) The Attorney General, the Attorney General’s designee, or a state attorney may bring an action in the appropriate court in the state to prevent or restrain violations of this section by any person.