Florida Senate - 2015                   (Proposed Bill) SPB 7074
       FOR CONSIDERATION By the Committee on Finance and Tax
       593-02847A-15                                         20157074pb
    1                        A bill to be entitled                      
    2         An act relating to tobacco products other than
    3         cigarettes or cigars; amending s. 210.25, F.S.;
    4         defining the term “affiliate”; clarifying the
    5         definitions of the terms “tobacco products” and
    6         “wholesale sales price”; amending s. 951.22, F.S.;
    7         conforming a cross-reference; providing that the act
    8         is intended to clarify existing law; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Present subsections (1) and (2) of section
   14  210.25, Florida Statutes, are redesignated as subsections (2)
   15  and (3), respectively, a new subsection (1) is added to that
   16  section, present subsection (3) of that section is redesignated
   17  as subsection (5), present subsections (5) through (13) of that
   18  section are redesignated as subsections (6) through (14),
   19  respectively, and present subsections (11) and (13) of that
   20  section are amended, to read:
   21         210.25 Definitions.—As used in this part:
   22         (1) “Affiliate” means a manufacturer or other person that
   23  directly or indirectly, through one or more intermediaries,
   24  controls or is controlled by a distributor or that is under
   25  common control with a distributor.
   26         (12)(11) “Tobacco products” means loose tobacco suitable
   27  for smoking; snuff; snuff flour; loose tobacco; cavendish; plug
   28  and twist tobacco; fine cuts and other chewing tobaccos; shorts;
   29  refuse scraps; clippings, cuttings, and sweepings of tobacco;,
   30  and all other kinds and forms of products, including wraps, made
   31  in whole or in part from tobacco leaves for use tobacco prepared
   32  in such manner as to be suitable for chewing, smoking, or
   33  sniffing. The term; but “tobacco products” does not include
   34  cigarettes, as defined by s. 210.01(1), or cigars.
   35         (14)(13) “Wholesale sales price” means the sum of
   36  paragraphs (a) and (b):
   37         (a) The full price paid by the distributor to acquire the
   38  tobacco products, including charges by the seller for the cost
   39  of materials, cost of labor and service, charge for
   40  transportation and delivery, the federal excise tax, and any
   41  other charge, even if the charge is listed as a separate item on
   42  the invoice paid by the established price for which a
   43  manufacturer sells a tobacco product to a distributor, exclusive
   44  of any diminution by volume or other discounts, including a
   45  discount provided to a distributor by an affiliate.
   46         (b)The federal excise tax paid by the distributor on the
   47  tobacco products, if the tax is not included in the full price
   48  under paragraph (a).
   49         Section 2. Subsection (1) of section 951.22, Florida
   50  Statutes, is amended to read:
   51         951.22 County detention facilities; contraband articles.—
   52         (1) It is unlawful, except through regular channels as duly
   53  authorized by the sheriff or officer in charge, to introduce
   54  into or possess upon the grounds of any county detention
   55  facility as defined in s. 951.23 or to give to or receive from
   56  any inmate of any such facility wherever said inmate is located
   57  at the time or to take or to attempt to take or send therefrom
   58  any of the following articles which are hereby declared to be
   59  contraband for the purposes of this act, to wit: Any written or
   60  recorded communication; any currency or coin; any article of
   61  food or clothing; any tobacco products as defined in s.
   62  210.25(12)(11); any cigarette as defined in s. 210.01(1); any
   63  cigar; any intoxicating beverage or beverage which causes or may
   64  cause an intoxicating effect; any narcotic, hypnotic, or
   65  excitative drug or drug of any kind or nature, including nasal
   66  inhalators, sleeping pills, barbiturates, and controlled
   67  substances as defined in s. 893.02(4); any firearm or any
   68  instrumentality customarily used or which is intended to be used
   69  as a dangerous weapon; and any instrumentality of any nature
   70  that may be or is intended to be used as an aid in effecting or
   71  attempting to effect an escape from a county facility.
   72         Section 3.  The amendment made by this act to s. 210.25,
   73  Florida Statutes, is intended to clarify existing law.
   74         Section 4. This act shall take effect July 1, 2015.