CS/HB 785 2025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to heated tobacco products; amending 2
s. 210.01, F.S.; revising the definition of the term 3
"cigarette"; amending s. 210.095, F.S.; revising the 4
definition of the term "tobacco products"; renaming 5
part II of ch. 210, F.S.; amending s. 210.25, F.S.; 6
defining the term "heated tobacco product"; conforming 7
a provision to changes made by the act; amending s. 8
569.002, F.S.; revising the definition of the term 9
"tobacco products"; amending s. 951.22, F.S.; 10
conforming a cross-reference; reenacting s. 569.31(5), 11
F.S., relating to definitions, to incorporate the 12
amendment made to s. 569.002, F.S., in a reference 13
thereto; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Subsection (1) of section 210.01, Florida 18
Statutes, is amended to read: 19
210.01 Definitions. —When used in this part the following 20
words shall have the meaning herein indicated: 21
(1) "Cigarette" means any roll for smoking, except one of 22
which the tobacco is fully naturally fermented, without regard 23
to the kind of tobacco or other substances used in the inner 24
roll or the nature or composition of the material in which the 25
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roll is wrapped, which is made wholly or in part of tobacco 26
irrespective of size or shape and whether such tobacco is 27
flavored, adulterated or mixed with any other ingredient. The 28
term does not include a heated tobacco product as defined by s. 29
210.25. 30
Section 2. Paragraph (i) of subsection (1) of section 31
210.095, Florida Statutes, is amended to read: 32
210.095 Mail order, Internet, and remote sales of tobacco 33
products; age verification. — 34
(1) For purposes of this section, the term: 35
(i) "Tobacco products" means all c igarettes, smoking 36
tobacco, snuff, fine -cut chewing tobacco, cut and granulated 37
tobacco, cavendish, and plug or twist tobacco , and heated 38
tobacco products as defined in s. 210.25 . 39
Section 3. Part II of chapter 210, Florida Statutes, 40
entitled "Tax on Tobacco Products other than Cigarettes or 41
Cigars," is renamed "Tax on Tobacco Products other than 42
Cigarettes, Heated Tobacco Products, or Cigars." 43
Section 4. Present subsections (6) through (14) of section 44
210.25, Florida Statutes, are redesignated as su bsections (7) 45
through (15), respectively, a new subsection (6) is added to 46
that section, and present subsection (12) of that section is 47
amended, to read: 48
210.25 Definitions. —As used in this part: 49
(6) "Heated tobacco product" means a product containing 50
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tobacco designed for use in an electronic device with a heat 51
source that does not involve any form of burning or combustion 52
during ordinary conditions of use and which produces an 53
inhalable aerosol by heating the tobacco but does not produce 54
any smoke. 55
(13)(12) "Tobacco products" means loose tobacco suitable 56
for smoking; snuff; snuff flour; cavendish; plug and twist 57
tobacco; fine cuts and other chewing tobaccos; shorts; refuse 58
scraps; clippings, cuttings, and sweepings of tobacco, and other 59
kinds and forms of tobacco prepared in such manner as to be 60
suitable for chewing; but "tobacco products" does not include 61
cigarettes, as defined by s. 210.01(1), heated tobacco products, 62
or cigars. 63
Section 5. Subsection (8) of section 569.002, Florida 64
Statutes, is amended to read: 65
569.002 Definitions. —As used in this part, the term: 66
(8) "Tobacco products" includes loose tobacco leaves, and 67
products made from tobacco leaves, in whole or in part, and 68
cigarette wrappers, which can be used for smoking, sniffing, or 69
chewing, and heated tobacco products as defined in s. 210.25 . 70
Section 6. Paragraph (d) of subsection (1) of section 71
951.22, Florida Statutes, is amended to read: 72
951.22 County detention facilities; contraband articles. — 73
(1) It is unlawful, except t hrough regular channels as 74
duly authorized by the sheriff or officer in charge, to 75
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introduce into or possess upon the grounds of any county 76
detention facility as defined in s. 951.23 or to give to or 77
receive from any inmate of any such facility wherever sa id 78
inmate is located at the time or to take or to attempt to take 79
or send therefrom any of the following articles, which are 80
contraband: 81
(d) Any tobacco products as defined in s. 210.25 s. 82
210.25(12). 83
Section 7. For the purpose of incorporating the a mendment 84
made by this act to section 569.002, Florida Statutes, in a 85
reference thereto, subsection (5) of section 569.31, Florida 86
Statutes, is reenacted to read: 87
569.31 Definitions. —As used in this part, the term: 88
(5) "Nicotine product" means any produ ct that contains 89
nicotine, including liquid nicotine, which is intended for human 90
consumption, whether inhaled, chewed, absorbed, dissolved, or 91
ingested by any means. The term also includes any nicotine 92
dispensing device. The term does not include a: 93
(a) Tobacco product, as defined in s. 569.002; 94
(b) Product regulated as a drug or device by the United 95
States Food and Drug Administration under Chapter V of the 96
Federal Food, Drug, and Cosmetic Act; or 97
(c) Product that contains incidental nicotine. 98
Section 8. This act shall take effect July 1, 2025. 99