Bill Text: FL S1418 | 2025 | Regular Session | Introduced
Bill Title: Heated Tobacco Products
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-02-26 - Filed [S1418 Detail]
Download: Florida-2025-S1418-Introduced.html
Florida Senate - 2025 SB 1418
By Senator DiCeglie
18-01351-25 20251418__
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 product”; 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 product”; amending s. 951.22, F.S.;
12 conforming a cross-reference; reenacting s. 569.31(5),
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 in 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 product products” means any cigarette all
38 cigarettes, smoking tobacco, snuff, fine-cut chewing tobacco,
39 cut and granulated tobacco, cavendish, and plug or twist
40 tobacco, or heated tobacco product 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 product products” means loose tobacco
57 suitable for smoking; snuff; snuff flour; cavendish; plug and
58 twist tobacco; fine-cut fine cuts and other chewing tobacco
59 tobaccos; any short-filler or scrap of tobacco shorts; refuse
60 scraps; any clipping, cutting, or sweeping clippings, cuttings,
61 and sweepings of tobacco, and any other kind or form kinds and
62 forms of tobacco prepared in such manner as to be suitable for
63 chewing; but the term “tobacco product products” does not
64 include any cigarette cigarettes, as defined by s. 210.01(1),
65 heated tobacco product, or cigar cigars.
66 Section 5. Subsection (8) of section 569.002, Florida
67 Statutes, is amended to read:
68 569.002 Definitions.—As used in this part, the term:
69 (8) “Tobacco product products” includes loose tobacco
70 leaves, and any product products made from tobacco leaves, in
71 whole or in part;, and cigarette wrappers, which can be used for
72 smoking, sniffing, or chewing; and any heated tobacco product as
73 defined in s. 210.25.
74 Section 6. Paragraph (d) of subsection (1) of section
75 951.22, Florida Statutes, is amended to read:
76 951.22 County detention facilities; contraband articles.—
77 (1) It is unlawful, except through regular channels as duly
78 authorized by the sheriff or officer in charge, to introduce
79 into or possess upon the grounds of any county detention
80 facility as defined in s. 951.23 or to give to or receive from
81 any inmate of any such facility wherever said inmate is located
82 at the time or to take or to attempt to take or send therefrom
83 any of the following articles, which are contraband:
84 (d) Any tobacco product products as defined in s. 210.25 s.
85 210.25(12).
86 Section 7. For the purpose of incorporating the amendment
87 made by this act to section 569.002, Florida Statutes, in a
88 reference thereto, subsection (5) of section 569.31, Florida
89 Statutes, is reenacted to read:
90 569.31 Definitions.—As used in this part, the term:
91 (5) “Nicotine product” means any product that contains
92 nicotine, including liquid nicotine, which is intended for human
93 consumption, whether inhaled, chewed, absorbed, dissolved, or
94 ingested by any means. The term also includes any nicotine
95 dispensing device. The term does not include a:
96 (a) Tobacco product, as defined in s. 569.002;
97 (b) Product regulated as a drug or device by the United
98 States Food and Drug Administration under Chapter V of the
99 Federal Food, Drug, and Cosmetic Act; or
100 (c) Product that contains incidental nicotine.
101 Section 8. This act shall take effect July 1, 2025.
