The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 569
TOBACCO AND NICOTINE PRODUCTS

View Entire Chapter

F.S. 569.12

569.12 Jurisdiction; tobacco product and nicotine product enforcement officers or agents; enforcement.—

(1) In addition to the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation, any law enforcement officer certified under s. 943.10(1), (6), or (8) shall enforce the provisions of this chapter.

(2)(a) A county or municipality may designate certain of its employees or agents as tobacco product and nicotine product enforcement officers. The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality. Nothing in this section shall be construed to permit the carrying of firearms or other weapons by a tobacco product and nicotine product enforcement agent, nor does designation as a tobacco product and nicotine product enforcement officer provide the employee or agent with the power of arrest or subject the employee or agent to the provisions of ss. 943.085-943.255. Nothing in this section amends, alters, or contravenes the provisions of any state-administered retirement system or any state-supported retirement system established by general law.

(b) A tobacco product and nicotine product enforcement officer is authorized to issue a citation to a person under the age of 21 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 386.212, s. 569.11, or s. 569.42.

(3) A correctional probation officer as defined in s. 943.10(3) is authorized to issue a citation to a person under the age of 21 when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of s. 569.11 or s. 569.42.

(4) A citation issued to any person violating the provisions of s. 569.11 or s. 569.42 shall be in a form prescribed by the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation and shall contain:

(a) The date and time of issuance.

(b) The name and address of the person to whom the citation is issued.

(d) The facts constituting reasonable cause.

(e) The number of the Florida statute violated.

(f) The name and authority of the citing officer.

(g) The procedure for the person to follow in order to contest the citation, perform the required community service, attend the required anti-tobacco or anti-tobacco and anti-nicotine program, or to pay the civil penalty.

History.—s. 6, ch. 97-162; s. 17, ch. 2021-14.

F.S. 569.12 on Google Scholar

F.S. 569.12 on Casetext

Amendments to 569.12

Arrestable Offenses / Crimes under Fla. Stat. 569.12

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 569.12.

Annotations, Discussions, Cases:

Cases from cite.case.law:

POPE v. RAILROAD RETIREMENT BOARD THRASH v. RAILROAD RETIREMENT BOARD, 744 F.2d 868 (D.C. Cir. 1984)

. . . filed their application for attorney fees (with supporting affidavits) in the amount of $28,033.75 and $569.12 . . .

J. RYAN v. MANSFIELD STATE COLLEGE, C. L., 677 F.2d 354 (3d Cir. 1982)

. . . conducted a hearing on the application and ultimately awarded Ryan $15,628.00 in attorney’s fees and $569.12 . . .