§ 569.312 — Shipment of nicotine dispensing devices sold for retail sale in this state

Florida § 569.312

• Jurisdiction: Florida
• Title: XXXIV
• Ch. 569: TOBACCO AND NICOTINE PRODUCTS

Text

(1) A nicotine product manufacturer, a retail nicotine products dealer, a wholesaler, or a distributor may not sell, ship, or otherwise distribute a nicotine dispensing device in this state for eventual retail sale to a consumer in this state that is listed on the directory.

(2) Any person who knowingly sells, ships or receives nicotine dispensing devices in violation of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(3) A violation of this part is deemed an unfair and deceptive trade practice actionable under part II of chapter 501 that can only be enforced by the Department of Legal Affairs. If the department has reason to believe that a person is in violation of this section, the department may, as the sole enforcement authority, bring an action against such person for an unfair or deceptive act or practice. For the purpose of bringing an action pursuant to this section, ss. 501.211 and 501.212 do not apply. In addition to other remedies under this part, the department may collect a civil penalty of up to $1,000 per nicotine dispensing device sold, shipped, or otherwise distributed.

Legislative History

s. 3, ch. 2024-127.