Florida Senate - 2015                                    SB 7074
       
       
        
       By the Committee on Finance and Tax
       
       
       
       
       
       593-03584-15                                          20157074__
    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 an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (1) and (2) of section
   13  210.25, Florida Statutes, are redesignated as subsections (2)
   14  and (3), respectively, a new subsection (1) is added to that
   15  section, present subsection (3) of that section is redesignated
   16  as subsection (5), present subsections (5) through (13) of that
   17  section are redesignated as subsections (6) through (14),
   18  respectively, and present subsections (11) and (13) of that
   19  section are amended, to read:
   20         210.25 Definitions.—As used in this part:
   21         (1) “Affiliate” means a manufacturer or other person that
   22  directly or indirectly, through one or more intermediaries,
   23  controls or is controlled by a distributor or that is under
   24  common control with a distributor.
   25         (12)(11) “Tobacco products” means loose tobacco suitable
   26  for smoking; snuff; snuff flour; loose tobacco; cavendish; plug
   27  and twist tobacco; fine cuts and other chewing tobaccos; shorts;
   28  refuse scraps; clippings, cuttings, and sweepings of tobacco;,
   29  and all other kinds and forms of products, including wraps, made
   30  in whole or in part from tobacco leaves for use tobacco prepared
   31  in such manner as to be suitable for chewing, smoking, or
   32  sniffing. The term; but “tobacco products” does not include
   33  cigarettes, as defined by s. 210.01(1), or cigars.
   34         (14)(13) “Wholesale sales price” means the sum of
   35  paragraphs (a) and (b):
   36         (a) The full price paid by the distributor to acquire the
   37  tobacco products, including charges by the seller for the cost
   38  of materials, cost of labor and service, charge for
   39  transportation and delivery, the federal excise tax, and any
   40  other charge, even if the charge is listed as a separate item on
   41  the invoice paid by the established price for which a
   42  manufacturer sells a tobacco product to a distributor, exclusive
   43  of any diminution by volume or other discounts, including a
   44  discount provided to a distributor by an affiliate.
   45         (b) The federal excise tax paid by the distributor on the
   46  tobacco products, if the tax is not included in the full price
   47  under paragraph (a).
   48         Section 2. Subsection (1) of section 951.22, Florida
   49  Statutes, is amended to read:
   50         951.22 County detention facilities; contraband articles.—
   51         (1) It is unlawful, except through regular channels as duly
   52  authorized by the sheriff or officer in charge, to introduce
   53  into or possess upon the grounds of any county detention
   54  facility as defined in s. 951.23 or to give to or receive from
   55  any inmate of any such facility wherever said inmate is located
   56  at the time or to take or to attempt to take or send therefrom
   57  any of the following articles which are hereby declared to be
   58  contraband for the purposes of this act, to wit: Any written or
   59  recorded communication; any currency or coin; any article of
   60  food or clothing; any tobacco products as defined in s.
   61  210.25(12)(11); any cigarette as defined in s. 210.01(1); any
   62  cigar; any intoxicating beverage or beverage which causes or may
   63  cause an intoxicating effect; any narcotic, hypnotic, or
   64  excitative drug or drug of any kind or nature, including nasal
   65  inhalators, sleeping pills, barbiturates, and controlled
   66  substances as defined in s. 893.02(4); any firearm or any
   67  instrumentality customarily used or which is intended to be used
   68  as a dangerous weapon; and any instrumentality of any nature
   69  that may be or is intended to be used as an aid in effecting or
   70  attempting to effect an escape from a county facility.
   71         Section 3. This act shall take effect July 1, 2015.