2010 Legislature CS for CS for SB 366, 1st Engrossed
2 An act relating to retail sales of smoking pipes and
3 smoking devices; creating s. 569.0073, F.S.;
4 prohibiting retail sales of certain smoking pipes and
5 smoking devices under certain circumstances;
6 specifying criteria for the lawful sales of such
7 items; providing a criminal penalty for unlawful sales
8 of such items; providing an effective date.
10 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Section 569.0073, Florida Statutes, is created
13 to read:
14 569.0073 Special provisions; smoking pipes and smoking
16 (1) It is unlawful for any person to offer for sale at
17 retail any of the items listed in subsection (2) unless such
19 (a) Has a retail tobacco products dealer permit under s.
20 569.003. The provisions of this chapter apply to any person that
21 offers for retail sale any of the items listed in subsection
22 (2); and
23 (b)1. Derives at least 75 percent of its annual gross
24 revenues from the retail sale of cigarettes, cigars, and other
25 tobacco products; or
26 2. Derives no more than 25 percent of its annual gross
27 revenues from the retail sale of the items listed in subsection
29 (2) The following smoking pipes and smoking devices are
30 subject to the provisions of this section:
31 (a) Metal, wooden, acrylic, glass, stone, plastic, or
32 ceramic smoking pipes, with or without screens, permanent
33 screens, or punctured metal bowls.
34 (b) Water pipes.
35 (c) Carburetion tubes and devices.
36 (d) Chamber pipes.
37 (e) Carburetor pipes.
38 (f) Electric pipes.
39 (g) Air-driven pipes.
40 (h) Chillums.
41 (i) Bongs.
42 (j) Ice pipes or chillers.
43 (3) Any person who violates this section commits a
44 misdemeanor of the first degree, punishable as provided in s.
45 775.082 or s. 775.083.
46 Section 2. This act shall take effect July 1, 2010.