July 23, 2019
Print This PagePrint This Page

  *
Session:
Bill #:
Session:
Chamber: View Search Tips
Search Term:
Year: View Search Tips
Search Term:
Senate Bill 2676

Senate Bill sb2676c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                           CS for SB 2676

    By the Committee on Regulated Industries; and Senator
    Haridopolos




    315-2215-04

  1                      A bill to be entitled

  2         An act relating to transportation and sale of

  3         cigarettes; amending s. 210.01, F.S.; revising

  4         and providing definitions; amending s. 210.05,

  5         F.S.; providing stamp requirements for

  6         cigarettes in transport; providing stamp

  7         exceptions for certain cigarettes; requiring

  8         transporters of certain cigarettes to submit

  9         certain reports; amending s. 210.06, F.S.;

10         revising requirements for and limitations on

11         the affixation of stamps; providing

12         requirements with respect to receipt,

13         possession, storage, and transport of unstamped

14         cigarette packages; creating s. 210.085, F.S.;

15         requiring manufacturers, importers,

16         distributing agents, dealers, and retail

17         dealers to hold a current, valid permit to

18         sell, distribute, or receive cigarettes;

19         amending s. 210.09, F.S.; providing notice and

20         filing guidelines for certain person shipping

21         unstamped cigarette packages; authorizing

22         certain law enforcement officials to inspect

23         certain shipping vehicles; amending s. 210.12,

24         F.S.; authorizing the state to claim certain

25         property and materials from certain dealers and

26         retailers who attempt to defraud the state;

27         authorizing the destruction of certain

28         cigarettes; amending s. 210.15, F.S.; providing

29         criteria for permit application; prohibiting

30         issuance, maintenance, or renewal of certain

31         permits for certain applicants; providing

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1         guidelines for permit application denial;

 2         amending s. 210.18, F.S.; expanding the group

 3         of violators subject to criminal liability;

 4         prohibiting the sale or possession for sale of

 5         counterfeit cigarettes; providing penalties;

 6         creating s. 210.181, F.S.; providing civil

 7         penalties for failure to comply with certain

 8         duties or pay certain taxes; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  Subsections (6) and (7) of section 210.01,

14  Florida Statutes, are amended, and subsections (19) through

15  (23) are added to that section, to read:

16         210.01  Definitions.--When used in this part the

17  following words shall have the meaning herein indicated:

18         (6)  "Wholesale dealer" means any person located inside

19  or outside this state who sells cigarettes to retail dealers

20  or other persons for purposes of resale only, or any person

21  who operates more than one cigarette vending machine located

22  in more than one place of business. Such term shall not

23  include any cigarette manufacturer, export warehouse

24  proprietor, or importer with a valid permit under 26 U.S.C. s.

25  5712 if such person sells or distributes cigarettes in this

26  state only to dealers who are agents and who hold valid and

27  current permits under s. 210.15 or to an export warehouse

28  proprietor or another manufacturer.

29         (7)  "Retail dealer" means any person located inside or

30  outside this state other than a wholesale dealer engaged in

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  the business of selling cigarettes, including persons licensed

 2  pursuant to s. 569.003.

 3         (19)  "Stamp" or "stamps" means the indicia required to

 4  be placed on cigarette packages that evidences payment of the

 5  tax on cigarettes under s. 210.02.

 6         (20)  "Importer" means any person with a valid permit

 7  under 26 U.S.C. s. 5712 who imports into the United States,

 8  directly or indirectly, a finished cigarette for sale or

 9  distribution.

10         (21)  "Manufacturer" means any person with a valid

11  permit under 26 U.S.C. s. 5712 who manufactures, fabricates,

12  assembles, processes, or labels a finished cigarette.

13         (22)  "Counterfeit cigarettes" means cigarettes that

14  have false manufacturing labels, tobacco product packs without

15  tax stamps or with counterfeit tax stamps, or any combination

16  thereof.

17         (23)  "Brand family" means all styles of cigarettes

18  sold under the same trademark and differentiated from one

19  another by means of additional modifiers or descriptors,

20  including, but not limited to, "menthol," "lights," "kings,"

21  and "100s," and includes any brand name used alone or in

22  conjunction with any other word, trademark, logo, symbol,

23  motto, selling message, recognizable pattern of colors, or any

24  other indicia of product identification identical or similar

25  to, or identifiable with, a previously known brand of

26  cigarettes.

27         Section 2.  Subsection (6) is added to section 210.05,

28  Florida Statutes, to read:

29         210.05  Preparation and sale of stamps; discount.--

30         (6)(a)  A person may not transport or cause to be

31  transported from this state cigarettes for sale in another

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  state without first affixing to the cigarettes the stamp

 2  required by the state in which the cigarettes are to be sold

 3  or paying any other excise tax on the cigarettes imposed by

 4  the state in which the cigarettes are to be sold.

 5         (b)  A person may not affix to cigarettes the stamp

 6  required by another state or pay any other excise tax on the

 7  cigarettes imposed by another state if the other state

 8  prohibits stamps from being affixed to the cigarettes,

 9  prohibits the payment of any other excise tax on the

10  cigarettes, or prohibits the sale of the cigarettes.

11         (c)  On or before the 10th day of each month, a person

12  who transports or causes to be transported from this state

13  cigarettes for sale in another state shall submit to the

14  division a report identifying the quantity and brand family of

15  each brand of the cigarettes transported or caused to be

16  transported in the preceding calendar month and the name and

17  address of each recipient of the cigarettes.

18         (d)  For purposes of this section, the term "person"

19  means an individual, partnership, committee, association,

20  corporation, or any other organization or group of persons.

21  Person does not include any common or contract carrier, or

22  public warehouse that is not owned, in whole or in part,

23  directly or indirectly, by such person.

24         Section 3.  Subsection (1) of section 210.06, Florida

25  Statutes, is amended, and subsection (5) is added to that

26  section, to read:

27         210.06  Affixation of stamps; presumption.--

28         (1)  Every dealer within or without the state shall

29  affix or cause to be affixed to such package or container of

30  such cigarettes such, stamps as are required under this

31  section within 10 days after receipt of such products. Dealers

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  outside this state shall affix such stamps before the shipment

 2  of cigarettes into this state, evidencing the payment of the

 3  tax imposed by virtue of this part before such cigarettes are

 4  offered for sale or use or consumed or before they are

 5  otherwise disposed of in the state.

 6         (a)  A tax stamp shall be applied to all cigarette

 7  packages intended for sale or distribution to consumers

 8  subject to the tax imposed under s. 210.02, except as

 9  otherwise provided in this act.

10         (b)  No stamp shall be applied to any cigarette package

11  exempt from tax under 26 U.S.C. s. 5704 that is distributed by

12  a manufacturer pursuant to federal regulations.

13         (c)  Dealers may apply stamps only to cigarette

14  packages received directly from a manufacturer or importer of

15  cigarettes who possesses a valid and current permit under 26

16  U.S.C. s. 5712.

17         (5)  Except as provided in s. 210.09(1), no person,

18  other than a dealer that receives unstamped cigarette packages

19  directly from a cigarette manufacturer or importer in

20  accordance with this section and s. 210.085, shall hold or

21  possess an unstamped cigarette package. Dealers shall be

22  permitted to set aside, without application of stamps, only

23  such part of the dealer's stock that is identified for sale or

24  distribution outside this state. If a dealer maintains stocks

25  of unstamped cigarette packages, such unstamped packages shall

26  be stored separately from stamped product packages. No

27  unstamped cigarette packages shall be transferred by a dealer

28  to another facility of the dealer within this state or to

29  another person within this state.

30         Section 4.  Section 210.085, Florida Statutes, is

31  created to read:

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1         210.085  Transactions only with permitted

 2  manufacturers, importers, distributing agents, dealers, and

 3  retail dealers.--A manufacturer, importer, or distributing

 4  agent may sell or distribute cigarettes to a person located or

 5  doing business within this state, including on any tribal

 6  lands located within the borders of this state, only if such

 7  person is a dealer with a valid, current permit under s.

 8  210.15. A dealer may sell or distribute cigarettes to a person

 9  located or doing business within this state, including on any

10  tribal lands located within the borders of this state, only if

11  such person is a dealer or retail dealer with a valid, current

12  permit under s. 569.003. A dealer may obtain cigarettes only

13  from a manufacturer or importer who possesses a valid, current

14  permit under 26 U.S.C. s. 5712 or from a distributing agent or

15  dealer with a valid, current permit under s. 210.15. A retail

16  dealer may obtain cigarettes only from a manufacturer or

17  dealer with a valid, current permit under s. 210.15.

18         Section 5.  Subsection (1) of section 210.09, Florida

19  Statutes, is amended to read:

20         210.09  Records to be kept; reports to be made;

21  examination.--

22         (1)(a)  Every person who shall possess or transport any

23  unstamped cigarettes upon the public highways, roads, or

24  streets of the state, shall be required to have in his or her

25  actual possession invoices or delivery tickets for such

26  cigarettes. The absence of such invoices or delivery tickets

27  shall be prima facie evidence that such person is a dealer in

28  cigarettes in this state and subject to the provisions of this

29  part.

30         (b)  Any person who ships unstamped cigarette packages

31  into this state other than to a dealer holding a valid,

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  current permit pursuant to s. 210.15 shall first file with the

 2  division a notice of such shipment. This paragraph shall not

 3  apply to any common or contract carrier that is transporting

 4  cigarettes through this state to another location outside this

 5  state under a proper bill of lading or freight bill that

 6  states the quantity, source, and destination of such

 7  cigarettes.

 8         (c)  In any case in which the division or its duly

 9  authorized agent, or any law enforcement officer of this

10  state, has knowledge or reasonable grounds to believe that any

11  vehicle is transporting cigarettes in violation of this part,

12  the division, such agent, or such law enforcement officer is

13  authorized to stop such vehicle and inspect the vehicle for

14  contraband cigarettes.

15         Section 6.  Subsection (1) of section 210.12, Florida

16  Statutes, is amended, subsections (2) through (6) of that

17  section are renumbered as subsections (4) through (8),

18  respectively, and new subsections (2) and (3) are added to

19  that section, to read:

20         210.12  Seizures; forfeiture proceedings.--

21         (1)  The state, acting by and through the division,

22  shall be authorized and empowered to seize, confiscate, and

23  forfeit for the use and benefit of the state, any cigarettes

24  upon which taxes payable hereunder may be unpaid or that are

25  otherwise held in violation of the requirements of this

26  chapter, and also any vending machine or receptacle in which

27  such cigarettes upon which taxes have not been paid are held

28  for sale, or any vending machine that does not have affixed

29  thereto the identification sticker required by the provisions

30  of s. 210.07, or which does not display at all times at least

31  one package of each brand of cigarettes located therein so the

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  same is clearly visible and arranged in such a manner that the

 2  cigarette tax stamp or meter impression of the stamp affixed

 3  thereto is clearly visible. Such seizure may be made by the

 4  division, its duly authorized representative, any sheriff or

 5  deputy sheriff, or any police officer.

 6         (2)  All fixtures, equipment, and other materials and

 7  personal property on the premises of any dealer or retail

 8  dealer who, with intent to defraud the state, fails to keep or

 9  make any record, return, report, or inventory required by this

10  part; keeps or makes any false or fraudulent record, return,

11  report, or inventory required by this part; refuses to pay any

12  tax imposed by this part; or attempts in any manner to evade

13  or defeat the requirements of this part shall be forfeited to

14  the state.

15         (3)  All cigarettes seized, confiscated, and forfeited

16  to the state under this part shall be destroyed.

17         Section 7.  Subsection (1) of section 210.15, Florida

18  Statutes, is amended to read:

19         210.15  Permits.--

20         (1)(a)  Every person, firm, or corporation desiring to

21  engage in business as a manufacturer, importer, exporter,

22  distributing agent, or wholesale dealer of cigarettes deal in

23  cigarettes as a distributing agent, wholesale dealer, or

24  exporter within this state shall file with the division an

25  application for a cigarette permit for each place of business

26  located within this state or, in the absence of such place of

27  business in this state, for wherever its principal place of

28  business is located with the Division of Alcoholic Beverages

29  and Tobacco. Every application for a cigarette permit shall be

30  made on forms furnished by the division and shall set forth

31  the name under which the applicant transacts or intends to

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  transact business, the location of the applicant's place of

 2  business within the state, if any, and such other information

 3  as the division may require. If the applicant has or intends

 4  to have more than one place of business dealing in cigarettes

 5  within this state, the application shall state the location of

 6  each place of business. If the applicant is an association,

 7  the application shall set forth the names and addresses of the

 8  persons constituting the association, and if a corporation,

 9  the names and addresses of the principal officers thereof and

10  any other information prescribed by the division for the

11  purpose of identification. The application shall be signed and

12  verified by oath or affirmation by the owner, if a natural

13  person, and in the case of an association or partnership,

14  members or partners thereof, and in the case of a corporation,

15  by an executive officer thereof or by any person specifically

16  authorized by the corporation to sign the application, to

17  which shall be attached the written evidence of this

18  authority. The cigarette permit for a distributing agent shall

19  be issued annually for which an annual fee of $5 shall be

20  charged.

21         (b)  The holder of any duly issued, annual permit for a

22  distributing agent shall be entitled to a renewal of his or

23  her annual permit from year to year as a matter of course, on

24  or before July 1, upon making application to the division and

25  upon payment of this annual permit fee.

26         (c)  Permits The permit for a distributing agent,

27  wholesale dealer, or exporter shall be issued only to persons

28  of good moral character, who are not less than 18 years of

29  age. Distributing agent, wholesale dealer, or exporter Permits

30  to corporations shall be issued only to corporations whose

31  officers are of good moral character and not less than 18

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  years of age. There shall be no exemptions from the permit

 2  fees herein provided to any persons, association of persons,

 3  or corporation, any law to the contrary notwithstanding.

 4         (d)  No distributing agent, wholesale dealer, or

 5  exporter permit shall be issued, maintained, or renewed if the

 6  applicant, its officers, or any person or persons owning

 7  directly or indirectly, in the aggregate, more than 10 percent

 8  of the ownership interests in the applicant:

 9         1.  Owes $500 or more in delinquent cigarette taxes;

10         2.  Had a cigarette importer, retail dealer, or dealer

11  permit revoked by the division within the previous 2 years;

12         3.  Has been convicted of selling stolen or counterfeit

13  cigarettes, receiving stolen cigarettes, or being involved in

14  the counterfeiting of cigarettes; or

15         4.  Has to any person who has been convicted within the

16  past 5 years of any offense against the cigarette laws of this

17  state or who has been convicted in this state, any other

18  state, or the United States during the past 5 years of any

19  offense designated as a felony by such state or the United

20  States, or to a corporation, any of whose officers have been

21  so convicted. The term "convicted" "conviction" shall include

22  an adjudication of guilt on a plea of guilty or a plea of nolo

23  contendere, or the forfeiture of a bond when charged with a

24  crime.

25         (e)(d)  The division may refuse to issue a distributing

26  agent, wholesale, or exporter permit to any person, firm, or

27  corporation whose permit under the cigarette law has been

28  revoked or to any corporation, an officer of which has had his

29  or her permit under the cigarette law revoked, or to any

30  person who is or has been an officer of a corporation whose

31  permit has been revoked under the cigarette law. Any permit

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  issued to a firm or corporation prohibited from obtaining such

 2  permit under the cigarette law may be revoked by the division.

 3         (f)(e)  Prior to an application for a distributing

 4  agent, wholesale dealer, or exporter permit being approved,

 5  the applicant shall file a set of fingerprints on forms

 6  provided by the division. The applicant shall also file a set

 7  of fingerprints for any person or persons interested directly

 8  or indirectly with the applicant in the business for which the

 9  permit is being sought, when so required by the division. If

10  the applicant or any person interested with the applicant,

11  either directly or indirectly, in the business for which the

12  permit is sought shall be such a person as is within the

13  definition of persons to whom a distributing agent, wholesale

14  dealer, or exporter permit shall be denied, then the

15  application may be denied by the division. If the applicant is

16  a partnership, all members of the partnership are required to

17  file said fingerprints, or if a corporation, all principal

18  officers of the corporation are required to file said

19  fingerprints. The cigarette permit for a wholesale dealer or

20  exporter shall be originally issued at a fee of $100, which

21  sum is to cover the cost of the investigation required before

22  issuing such permit.

23         (g)(f)  The cigarette permits issued under this section

24  permit for a wholesale dealer or exporter shall be renewed

25  from year to year as a matter of course, at an annual cost of

26  $100, on or before July 1, upon making application to the

27  division and upon payment of the annual renewal fee.

28         (h)(g)  Permittees, by acceptance of their permits,

29  agree that their places of business or vehicles transporting

30  cigarettes shall always be subject to be inspected and

31  searched without a search warrant for the purpose of

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  ascertaining that all provisions of this part are complied

 2  with by authorized employees of the division and also by

 3  sheriffs, deputy sheriffs, and police officers during business

 4  hours or during any other time such premises are occupied by

 5  the permittee or other persons. Retail cigarette dealers and

 6  manufacturers' representatives, by dealing in cigarettes,

 7  agree that their places of business or vehicles transporting

 8  cigarettes shall always be subject to inspection and search

 9  without a search warrant for the purpose of ascertaining that

10  all provisions of this part are complied with by authorized

11  employees of the division and also by sheriffs, deputy

12  sheriffs, and police officers during business hours or other

13  times when the premises are occupied by the retail dealer or

14  manufacturers' representatives or other persons.

15         (i)(h)  No retail sales of cigarettes may be made at a

16  location for which a wholesale dealer, distributing agent, or

17  exporter permit has been issued. The excise tax on sales made

18  to any traveling location, such as an itinerant store or

19  industrial caterer, shall be paid into the General Revenue

20  Fund unallocated. Cigarettes may be purchased for retail

21  purposes only from a person holding a wholesale dealer permit.

22  The invoice for the purchase of cigarettes must show the place

23  of business for which the purchase is made and the cigarettes

24  cannot be transferred to any other place of business for the

25  purpose of resale.

26         Section 8.  Subsections (2), (3), and (6) of section

27  210.18, Florida Statutes, are amended, and subsection (9) is

28  added to that section, to read:

29         210.18  Penalties for tax evasion; reports by

30  sheriffs.--

31  

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1         (2)  Except as otherwise provided in this section, any

 2  person wholesale or retail dealer who fails, neglects, or

 3  refuses to comply with, or violates the provisions of, this

 4  part or the rules adopted and regulations promulgated by the

 5  division under this part commits is guilty of a misdemeanor of

 6  the first degree, punishable as provided in s. 775.082 or s.

 7  775.083. Any person wholesale or retail dealer who has been

 8  convicted of a violation of any provision of the cigarette tax

 9  law and who is thereafter convicted of a further violation of

10  the cigarette tax law is, upon conviction of such further

11  offense, guilty of a felony of the third degree, punishable as

12  provided in s. 775.082, s. 775.083, or s. 775.084.

13         (3)  Any person who falsely or fraudulently makes,

14  forges, alters, or counterfeits any stamp or impression die

15  used in meter machines prescribed by the division under the

16  provisions of this part; or, with intent to evade taxes, jams,

17  tampers with, or alters such a machine; or causes or procures

18  to be falsely or fraudulently made, forged, altered, or

19  counterfeited any such stamp or die; or knowingly and

20  willfully utters, purchases, passes or tenders as true any

21  such false, altered, or counterfeited stamp or die impression;

22  or with the intent to defraud the state, fails to comply with

23  any other requirement of this chapter commits is guilty of a

24  felony of the third degree, punishable as provided in s.

25  775.082, s. 775.083, or s. 775.084.

26         (6)(a)  Every person, firm, or corporation, other than

27  a licensee under the provisions of this part, who possesses,

28  removes, deposits, or conceals, or aids in the possessing,

29  removing, depositing, or concealing of, any unstamped

30  cigarettes not in excess of 50 cartons is guilty of a

31  misdemeanor of the second degree, punishable as provided in s.

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  775.082 or s. 775.083. In lieu of the penalties provided in

 2  those sections, however, the person, firm, or corporation may

 3  pay the tax plus a penalty equal to the amount of the tax

 4  authorized under s. 210.02 on the unstamped cigarettes.

 5         (a)(b)  Every person, firm, or corporation, other than

 6  a licensee under the provisions of this part, who possesses,

 7  removes, deposits, or conceals, or aids in the possessing,

 8  removing, depositing, or concealing of, any unstamped

 9  cigarettes in excess of 50 cartons is presumed to have

10  knowledge that they have not been taxed and commits is guilty

11  of a felony of the third degree, punishable as provided in s.

12  775.082, s. 775.083, or s. 775.084.

13         (b)(c)  This section does not apply to a person

14  possessing not in excess of three cartons of such cigarettes

15  purchased by such possessor outside the state in accordance

16  with the laws of the place where purchased and brought into

17  this state by such possessor. The burden of proof that such

18  cigarettes were purchased outside the state and in accordance

19  with the laws of the place where purchased shall in all cases

20  be upon the possessor of such cigarettes.

21         (9)  Notwithstanding any other provision of law, the

22  sale or possession for sale of counterfeit cigarettes by any

23  person or by a manufacturer, importer, distributing agent,

24  wholesale dealer, or retail dealer shall result in the seizure

25  of the product and related machinery by the division or any

26  law enforcement agency and shall be punishable as follows:

27         (a)1.  A first violation with a total quantity of less

28  than two cartons of cigarettes or the equivalent amount of

29  other cigarettes shall be punishable by a fine not to exceed

30  $1,000 or five times the retail value of the cigarettes

31  

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1  involved, whichever is greater, or imprisonment not to exceed

 2  5 years, or both.

 3         2.  A subsequent violation with a total quantity of

 4  less than two cartons of cigarettes or the equivalent amount

 5  of other cigarettes shall be punishable by a fine not to

 6  exceed $5,000 or five times the retail value of the cigarettes

 7  involved, whichever is greater, or imprisonment not to exceed

 8  5 years, or both, and shall also result in the revocation by

 9  the division of the permit of the manufacturer, importer,

10  distributing agent, wholesale dealer, or retail dealer.

11         (b)1.  A first violation with a total quantity of two

12  or more cartons of cigarettes or the equivalent amount of

13  other cigarettes shall be punishable by a fine not to exceed

14  $2,000 or five times the retail value of the cigarettes

15  involved, whichever is greater, or imprisonment not to exceed

16  5 years, or both.

17         2.  A subsequent violation with a quantity of two

18  cartons of cigarettes or more or the equivalent amount of

19  other cigarettes shall be punishable by a fine not to exceed

20  $50,000 or five times the retail value of the cigarettes

21  involved, whichever is greater, or imprisonment not to exceed

22  5 years, or both, and shall also result in the revocation by

23  the division of the permit of the manufacturer, importer,

24  distributing agent, wholesale dealer, or retail dealer.

25  

26  For purposes of this subsection, any counterfeit cigarettes

27  seized by the division shall be destroyed.

28         Section 9.  Section 210.181, Florida Statutes, is

29  created to read:

30         210.181  Civil penalties.--

31  

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                           CS for SB 2676
    315-2215-04




 1         (1)  Whoever knowingly omits, neglects, or refuses to

 2  comply with any duty imposed upon him or her by this part, or

 3  to do or cause to be done any of the things required by this

 4  part, or does anything prohibited by this part shall, in

 5  addition to any other penalty provided in this part, be liable

 6  for a fine of $1,000 or five times the retail value of the

 7  cigarettes involved, whichever is greater.

 8         (2)  Whoever fails to pay any tax imposed by this part

 9  at the time prescribed by law or rules shall, in addition to

10  any other penalty provided in this part, be liable for a

11  penalty of five times the unpaid tax due.

12         Section 10.  This act shall take effect upon becoming a

13  law.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate BIll 2676

17                                 

18  In s. 210.05(6)(c), F.S., the committee substitute changes
    from quarter to month the period covered by the required
19  report.  In s. 210.06(1)(a), F.S., it deletes the reference to
    cigarettes subject to the reduced state tax under s.
20  210.04(4)(b), F.S., and adds a reference to any exemption
    otherwise provided in the act.  It deletes the monthly
21  reporting requirements in s. 210.09(2), F.S.  In s.
    210.15(1)(d)4., F.S., it restores current law regarding a
22  conviction within 5 years of an application for permit, and
    deletes the provision regarding conviction within 15 years of
23  such application.

24  

25  

26  

27  

28  

29  

30  

31  

                                  16

CODING: Words stricken are deletions; words underlined are additions.

Site Map
Session:   Bills ·   Calendars ·   Bound Journals ·   Citator ·   Search ·   Appropriations ·   Redistricting ·   Bill Information Reports
Committee Publications
Historical Information
Statutes:   Introduction ·   View Statutes ·   Search Statutes
Flsenate.gov
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes.    Copyright © 2000-2019 State of Florida.     Privacy Statement     Contact Us     Get Acrobat Reader