Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1394
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Innovation, Industry, and Technology (Simmons)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 569.002, Florida
    6  Statutes, as amended by SB 810 or similar legislation, 2020
    7  Regular Session, is amended, and subsection (7) is added to that
    8  section, to read:
    9         569.002 Definitions.—As used in this chapter, the term:
   10         (6) “Tobacco products” includes:
   11         (a) Any product containing, made of, or derived from
   12  tobacco or nicotine that is intended for human consumption or is
   13  likely to be consumed, whether inhaled, absorbed, or ingested by
   14  any other means, including, but not limited to, a cigarette, a
   15  cigar, pipe tobacco, chewing tobacco, snuff, or snus;
   16         (b) Any vapor-generating electronic device and any
   17  substances that may be aerosolized or vaporized by such device,
   18  whether or not the substance contains nicotine; or
   19         (c) Any component, part, or accessory of a product
   20  described in paragraph (a) or paragraph (b), whether or not any
   21  of these contain tobacco or nicotine, including, but not limited
   22  to, filters, rolling papers, blunt or hemp wraps, and pipes.
   23  
   24  The term does not include drugs, devices, or combination
   25  products authorized for sale by the United States Food and Drug
   26  Administration, as those terms are defined in the Federal Food,
   27  Drug, and Cosmetic Act.
   28         (7) “Vapor-generating electronic device” means any product
   29  that employs an electronic, chemical, or mechanical means
   30  capable of producing vapor or aerosol from a nicotine product or
   31  any other substance, including, but not limited to, an
   32  electronic cigarette, electronic cigar, electronic cigarillo,
   33  electronic pipe, or other similar device or product; any
   34  replacement cartridge for such device; and any other container
   35  of nicotine in a solution or other substance form intended to be
   36  used with or within an electronic cigarette, an electronic
   37  cigar, an electronic cigarillo, an electronic pipe, a vape pen,
   38  an electronic hookah, or other similar device or product. The
   39  term includes any component, part, or accessory of the device
   40  and also includes any substance intended to be aerosolized or
   41  vaporized during the use of the device, whether or not the
   42  substance contains nicotine. The term does not include drugs,
   43  devices, or combination products authorized for sale by the
   44  United States Food and Drug Administration, as those terms are
   45  defined in the Federal Food, Drug, and Cosmetic Act.
   46         Section 2. This act shall take effect on the same date that
   47  SB 810 or similar legislation takes effect, if such legislation
   48  is adopted in the same legislative session or an extension
   49  thereof and becomes a law.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete everything before the enacting clause
   54  and insert:
   55                        A bill to be entitled                      
   56         An act relating to fees; amending s. 569.002, F.S.;
   57         expanding the definition of the term “tobacco
   58         products” to include vapor-generating electronic
   59         devices and components, parts, and accessories of such
   60         devices and to include substances that may be
   61         aerosolized or vaporized by such devices; defining the
   62         term “vapor-generating electronic device”; providing a
   63         contingent effective date.