Florida Senate - 2020 CS for SB 1394 By the Committee on Innovation, Industry, and Technology; and Senator Simmons 580-03012-20 20201394c1 1 A bill to be entitled 2 An act relating to fees; amending s. 569.002, F.S.; 3 expanding the definition of the term “tobacco 4 products” to include vapor-generating electronic 5 devices and components, parts, and accessories of such 6 devices and to include substances that may be 7 aerosolized or vaporized by such devices; defining the 8 term “vapor-generating electronic device”; providing a 9 contingent effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (6) of section 569.002, Florida 14 Statutes, as amended by SB 810 or similar legislation, 2020 15 Regular Session, is amended, and subsection (7) is added to that 16 section, to read: 17 569.002 Definitions.—As used in this chapter, the term: 18 (6) “Tobacco products” includes: 19 (a) Any product containing, made of, or derived from 20 tobacco or nicotine that is intended for human consumption or is 21 likely to be consumed, whether inhaled, absorbed, or ingested by 22 any other means, including, but not limited to, a cigarette, a 23 cigar, pipe tobacco, chewing tobacco, snuff, or snus; 24 (b) Any vapor-generating electronic device and any 25 substances that may be aerosolized or vaporized by such device, 26 whether or not the substance contains nicotine; or 27 (c) Any component, part, or accessory of a product 28 described in paragraph (a) or paragraph (b), whether or not any 29 of these contain tobacco or nicotine, including, but not limited 30 to, filters, rolling papers, blunt or hemp wraps, and pipes. 31 32 The term does not include drugs, devices, or combination 33 products authorized for sale by the United States Food and Drug 34 Administration, as those terms are defined in the Federal Food, 35 Drug, and Cosmetic Act. 36 (7) “Vapor-generating electronic device” means any product 37 that employs an electronic, chemical, or mechanical means 38 capable of producing vapor or aerosol from a nicotine product or 39 any other substance, including, but not limited to, an 40 electronic cigarette, electronic cigar, electronic cigarillo, 41 electronic pipe, or other similar device or product; any 42 replacement cartridge for such device; and any other container 43 of nicotine in a solution or other substance form intended to be 44 used with or within an electronic cigarette, an electronic 45 cigar, an electronic cigarillo, an electronic pipe, a vape pen, 46 an electronic hookah, or other similar device or product. The 47 term includes any component, part, or accessory of the device 48 and also includes any substance intended to be aerosolized or 49 vaporized during the use of the device, whether or not the 50 substance contains nicotine. The term does not include drugs, 51 devices, or combination products authorized for sale by the 52 United States Food and Drug Administration, as those terms are 53 defined in the Federal Food, Drug, and Cosmetic Act. 54 Section 2. This act shall take effect on the same date that 55 SB 810 or similar legislation takes effect, if such legislation 56 is adopted in the same legislative session or an extension 57 thereof and becomes a law.