FL
Florida House Bill H0785

Florida 2025 Regular Session

Florida House Bill H0785 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to heated tobacco products; amending 2
1616 s. 210.01, F.S.; revising the definition of the term 3
1717 "cigarette"; amending s. 210.095, F.S.; revising the 4
1818 definition of the term "tobacco products"; renaming 5
1919 part II of ch. 210, F.S.; amending s. 210.25, F.S.; 6
2020 defining the term "heated tobacco product"; conforming 7
2121 a provision to changes made by the act; amending s. 8
2222 569.002, F.S.; revising the definition of the term 9
2323 "tobacco products"; amending s. 951.22, F.S.; 10
24-conforming a cross-reference; reenacting s. 569.31(5), 11
24+conforming a cross-reference; reenacting s. 569.31(4), 11
2525 F.S., relating to definitions, to incorporate the 12
2626 amendment made to s. 569.002, F.S., in a reference 13
2727 thereto; providing an effective date. 14
2828 15
2929 Be It Enacted by the Legislature of the State of Florida: 16
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3131 Section 1. Subsection (1) of section 210.01, Florida 18
3232 Statutes, is amended to read: 19
3333 210.01 Definitions. —When used in this part the following 20
3434 words shall have the meaning herein indicated: 21
3535 (1) "Cigarette" means any roll for smoking, except one of 22
3636 which the tobacco is fully naturally fermented, without regard 23
3737 to the kind of tobacco or other substances used in the inner 24
3838 roll or the nature or composition of the material in which the 25
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4747 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
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5151 roll is wrapped, which is made wholly or in part of tobacco 26
5252 irrespective of size or shape and whether such tobacco is 27
5353 flavored, adulterated or mixed with any other ingredient. The 28
5454 term does not include a heated tobacco product as defined by s. 29
5555 210.25. 30
5656 Section 2. Paragraph (i) of subsection (1) of section 31
5757 210.095, Florida Statutes, is amended to read: 32
5858 210.095 Mail order, Internet, and remote sales of tobacco 33
5959 products; age verification. — 34
6060 (1) For purposes of this section, the term: 35
6161 (i) "Tobacco products" means all c igarettes, smoking 36
6262 tobacco, snuff, fine -cut chewing tobacco, cut and granulated 37
6363 tobacco, cavendish, and plug or twist tobacco , and heated 38
6464 tobacco products as defined in s. 210.25 . 39
6565 Section 3. Part II of chapter 210, Florida Statutes, 40
6666 entitled "Tax on Tobacco Products other than Cigarettes or 41
6767 Cigars," is renamed "Tax on Tobacco Products other than 42
6868 Cigarettes, Heated Tobacco Products, or Cigars." 43
6969 Section 4. Present subsections (6) through (14) of section 44
7070 210.25, Florida Statutes, are redesignated as su bsections (7) 45
7171 through (15), respectively, a new subsection (6) is added to 46
7272 that section, and present subsection (12) of that section is 47
7373 amended, to read: 48
7474 210.25 Definitions. —As used in this part: 49
7575 (6) "Heated tobacco product" means a product containing 50
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8484 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
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88-tobacco designed for use in an electronic device with a heat 51
89-source that does not involve any form of burning or combustion 52
90-during ordinary conditions of use and which produces an 53
91-inhalable aerosol by heating the tobacco but does not produce 54
92-any smoke. 55
93- (13)(12) "Tobacco products" means loose tobacco suitable 56
94-for smoking; snuff; snuff flour; cavendish; plug and twist 57
95-tobacco; fine cuts and other chewing tobaccos; shorts; refuse 58
96-scraps; clippings, cuttings, and sweepings of tobacco, and other 59
97-kinds and forms of tobacco prepared in such manner as to be 60
98-suitable for chewing; but "tobacco products" does not include 61
99-cigarettes, as defined by s. 210.01(1), heated tobacco products, 62
100-or cigars. 63
101- Section 5. Subsection (8) of section 569.002, Florida 64
102-Statutes, is amended to read: 65
103- 569.002 Definitions. —As used in this part, the term: 66
104- (8) "Tobacco products" includes loose tobacco leaves, and 67
105-products made from tobacco leaves, in whole or in part, and 68
106-cigarette wrappers, which can be used for smoking, sniffing, or 69
107-chewing, and heated tobacco products as defined in s. 210.25 . 70
108- Section 6. Paragraph (d) of subsection (1) of section 71
109-951.22, Florida Statutes, is amended to read: 72
110- 951.22 County detention facilities; contraband articles. — 73
111- (1) It is unlawful, except t hrough regular channels as 74
112-duly authorized by the sheriff or officer in charge, to 75
88+tobacco which produces an inhalable aerosol by heating the 51
89+tobacco without combustion of the tobacco or by the heat 52
90+generated from a combustion source that only heats rather than 53
91+burns the tobacco. 54
92+ (13)(12) "Tobacco products" means loose tobacco suitable 55
93+for smoking; snuff; snuff flour; cavendish; plug and twist 56
94+tobacco; fine cuts and other chewing tobaccos; shorts; refuse 57
95+scraps; clippings, cuttings, and sweepings of tobacco, and other 58
96+kinds and forms of tobacco prepared in such manner as to be 59
97+suitable for chewing; but "tobacco products" does not include 60
98+cigarettes, as defined by s. 210.01(1), heated tobacco products, 61
99+or cigars. 62
100+ Section 5. Subsection (8) of section 569.002, Florida 63
101+Statutes, is amended to read: 64
102+ 569.002 Definitions. —As used in this part, the term: 65
103+ (8) "Tobacco products" includes loose tobacco leaves, and 66
104+products made from tobacco leaves, in whole or in part, and 67
105+cigarette wrappers, which can be used for smoking, sniffing, or 68
106+chewing, and heated tobacco products as defined in s. 21 0.25. 69
107+ Section 6. Paragraph (d) of subsection (1) of section 70
108+951.22, Florida Statutes, is amended to read: 71
109+ 951.22 County detention facilities; contraband articles. — 72
110+ (1) It is unlawful, except through regular channels as 73
111+duly authorized by the sherif f or officer in charge, to 74
112+introduce into or possess upon the grounds of any county 75
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121121 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
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125-introduce into or possess upon the grounds of any county 76
126-detention facility as defined in s. 951.23 or to give to or 77
127-receive from any inmate of any such facility wherever sa id 78
128-inmate is located at the time or to take or to attempt to take 79
129-or send therefrom any of the following articles, which are 80
130-contraband: 81
131- (d) Any tobacco products as defined in s. 210.25 s. 82
132-210.25(12). 83
133- Section 7. For the purpose of incorporating the a mendment 84
134-made by this act to section 569.002, Florida Statutes, in a 85
135-reference thereto, subsection (5) of section 569.31, Florida 86
136-Statutes, is reenacted to read: 87
137- 569.31 Definitions. —As used in this part, the term: 88
138- (5) "Nicotine product" means any produ ct that contains 89
139-nicotine, including liquid nicotine, which is intended for human 90
140-consumption, whether inhaled, chewed, absorbed, dissolved, or 91
141-ingested by any means. The term also includes any nicotine 92
142-dispensing device. The term does not include a: 93
143- (a) Tobacco product, as defined in s. 569.002; 94
144- (b) Product regulated as a drug or device by the United 95
145-States Food and Drug Administration under Chapter V of the 96
146-Federal Food, Drug, and Cosmetic Act; or 97
147- (c) Product that contains incidental nicotine. 98
148- Section 8. This act shall take effect July 1, 2025. 99
125+detention facility as defined in s. 951.23 or to give to or 76
126+receive from any inmate of any such facility wherever said 77
127+inmate is located at the time or to take or to attemp t to take 78
128+or send therefrom any of the following articles, which are 79
129+contraband: 80
130+ (d) Any tobacco products as defined in s. 210.25 s. 81
131+210.25(12). 82
132+ Section 7. For the purpose of incorporating the amendment 83
133+made by this act to section 569.002, Florida St atutes, in a 84
134+reference thereto, subsection (5) of section 569.31, Florida 85
135+Statutes, is reenacted to read: 86
136+ 569.31 Definitions. —As used in this part, the term: 87
137+ (5) "Nicotine product" means any product that contains 88
138+nicotine, including liquid nicotine, wh ich is intended for human 89
139+consumption, whether inhaled, chewed, absorbed, dissolved, or 90
140+ingested by any means. The term also includes any nicotine 91
141+dispensing device. The term does not include a: 92
142+ (a) Tobacco product, as defined in s. 569.002; 93
143+ (b) Product regulated as a drug or device by the United 94
144+States Food and Drug Administration under Chapter V of the 95
145+Federal Food, Drug, and Cosmetic Act; or 96
146+ (c) Product that contains incidental nicotine. 97
147+ Section 8. This act shall take effect July 1, 2025. 98