Florida Senate - 2020                      CS for CS for SB 1394
       
       
        
       By the Committees on Appropriations; and Innovation, Industry,
       and Technology; and Senator Simmons
       
       
       
       
       576-03980-20                                          20201394c2
    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 (7) of section 569.002, Florida
   14  Statutes, as amended by SB 810 or similar legislation, 2020
   15  Regular Session, is amended, and subsection (8) is added to that
   16  section, to read:
   17         569.002 Definitions.—As used in this chapter, the term:
   18         (7) “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; or
   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         (8) “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.