Florida Senate - 2024                                    SB 1588
       
       
        
       By Senator Gruters
       
       
       
       
       
       22-00918-24                                           20241588__
    1                        A bill to be entitled                      
    2         An act relating to heated tobacco products; amending
    3         s. 210.01, F.S.; revising the definition of the term
    4         “cigarette”; amending s. 210.095, F.S.; revising the
    5         definition of the term “tobacco products”; renaming
    6         part II of ch. 210, F.S.; prohibiting its application
    7         to heated tobacco products; amending s. 210.25, F.S.;
    8         defining the term “heated tobacco product”; conforming
    9         a provision to changes made by the act; amending s.
   10         569.002, F.S.; revising the definition of the term
   11         “tobacco products”; amending s. 951.22, F.S.;
   12         conforming a cross-reference; reenacting s. 569.31(4),
   13         F.S., relating to definitions, to incorporate the
   14         amendment made to s. 569.002, F.S., in a reference
   15         thereto; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (1) of section 210.01, Florida
   20  Statutes, is amended to read:
   21         210.01 Definitions.—When used in this part the following
   22  words shall have the meaning herein indicated:
   23         (1) “Cigarette” means any roll for smoking, except one of
   24  which the tobacco is fully naturally fermented, without regard
   25  to the kind of tobacco or other substances used in the inner
   26  roll or the nature or composition of the material in which the
   27  roll is wrapped, which is made wholly or in part of tobacco
   28  irrespective of size or shape and whether such tobacco is
   29  flavored, adulterated or mixed with any other ingredient. The
   30  term does not include a heated tobacco product as defined by s.
   31  210.25.
   32         Section 2. Paragraph (i) of subsection (1) of section
   33  210.095, Florida Statutes, is amended to read:
   34         210.095 Mail order, Internet, and remote sales of tobacco
   35  products; age verification.—
   36         (1) For purposes of this section, the term:
   37         (i) “Tobacco products” means all cigarettes, smoking
   38  tobacco, snuff, fine-cut chewing tobacco, cut and granulated
   39  tobacco, cavendish, and plug or twist tobacco, and heated
   40  tobacco products as defined in s. 210.25.
   41         Section 3. Part II of chapter 210, Florida Statutes,
   42  entitled “Tax on Tobacco Products other than Cigarettes or
   43  Cigars,” is renamed “Tax on Tobacco Products other than
   44  Cigarettes, Heated Tobacco Products, or Cigars.”
   45         Section 4. Present subsections (6) through (14) of section
   46  210.25, Florida Statutes, are redesignated as subsections (7)
   47  through (15), respectively, a new subsection (6) is added to
   48  that section, and present subsection (12) of that section is
   49  amended, to read:
   50         210.25 Definitions.—As used in this part:
   51         (6) “Heated tobacco product” means a product containing
   52  tobacco which produces an inhalable aerosol by heating the
   53  tobacco without combustion of the tobacco or by the heat
   54  generated from a combustion source that only heats rather than
   55  burns the tobacco.
   56         (13)(12) “Tobacco products” means loose tobacco suitable
   57  for smoking; snuff; snuff flour; cavendish; plug and twist
   58  tobacco; fine cuts and other chewing tobaccos; shorts; refuse
   59  scraps; clippings, cuttings, and sweepings of tobacco, and other
   60  kinds and forms of tobacco prepared in such manner as to be
   61  suitable for chewing; but “tobacco products” does not include
   62  cigarettes, as defined by s. 210.01(1), heated tobacco products,
   63  or cigars.
   64         Section 5. Subsection (8) of section 569.002, Florida
   65  Statutes, is amended to read:
   66         569.002 Definitions.—As used in this part, the term:
   67         (8) “Tobacco products” includes loose tobacco leaves, and
   68  products made from tobacco leaves, in whole or in part, and
   69  cigarette wrappers, which can be used for smoking, sniffing, or
   70  chewing, and heated tobacco products as defined in s. 210.25.
   71         Section 6. Paragraph (d) of subsection (1) of section
   72  951.22, Florida Statutes, is amended to read:
   73         951.22 County detention facilities; contraband articles.—
   74         (1) It is unlawful, except through regular channels as duly
   75  authorized by the sheriff or officer in charge, to introduce
   76  into or possess upon the grounds of any county detention
   77  facility as defined in s. 951.23 or to give to or receive from
   78  any inmate of any such facility wherever said inmate is located
   79  at the time or to take or to attempt to take or send therefrom
   80  any of the following articles, which are 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 amendment
   84  made by this act to section 569.002, Florida Statutes, in a
   85  reference thereto, subsection (4) of section 569.31, Florida
   86  Statutes, is reenacted to read:
   87         569.31 Definitions.—As used in this part, the term:
   88         (4) “Nicotine product” means any product 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, 2024.