Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1394 Ì134350tÎ134350 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.