August 08, 2020
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       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
   15  devices.—
   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
   18  person:
   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
   28  (2).
   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.

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