THE BILL ITSELF
HB 377
Heated Tobacco Products
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A bill to be entitled
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An act relating to heated tobacco products; amending
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s. 210.01, F.S.; revising the definition of the term
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"cigarette"; amending s. 210.095, F.S.; revising the
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definition of the term "tobacco products"; renaming
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part II of ch. 210, F.S.; amending s. 210.25, F.S.;
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defining the term "heated tobacco product"; conforming
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a provision to changes made by the act; amending s.
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569.002, F.S.; revising the definition of the term
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"tobacco products"; amending s. 951.22, F.S.;
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conforming a cross-reference; reenacting s. 569.31(5),
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F.S., relating to definitions, to incorporate the
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amendment made to s. 569.002, F.S., in a reference
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thereto; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (1) of section 210.01, Florida
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Statutes, is amended to read:
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210.01 Definitions.—When used in this part the following
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words shall have the meaning herein indicated:
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(1) "Cigarette" means any roll for smoking, except one of
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which the tobacco is fully naturally fermented, without regard
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to the kind of tobacco or other substances used in the inner
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roll or the nature or composition of the material in which the
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roll is wrapped, which is made wholly or in part of tobacco
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irrespective of size or shape and whether such tobacco is
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flavored, adulterated or mixed with any other ingredient. The
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term does not include a heated tobacco product as defined by s.
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210.25.
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Section 2. Paragraph (i) of subsection (1) of section
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210.095, Florida Statutes, is amended to read:
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210.095 Mail order, Internet, and remote sales of tobacco
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products; age verification.—
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(1) For purposes of this section, the term:
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(i) "Tobacco products" means all cigarettes, smoking
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tobacco, snuff, fine-cut chewing tobacco, cut and granulated
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tobacco, cavendish, and plug or twist tobacco, and heated
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tobacco products as defined in s. 210.25.
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Part II of chapter 210, Florida Statutes, Section 3.
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entitled "Tax on Tobacco Products other than Cigarettes or
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Cigars," is renamed "Tax on Tobacco Products other than
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Cigarettes, Heated Tobacco Products, or Cigars."
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Section 4. Present subsections (6) through (14) of section
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210.25, Florida Statutes, are redesignated as subsections (7)
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through (15), respectively, a new subsection (6) is added to
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that section, and present subsection (12) of that section is
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amended, to read:
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210.25 Definitions.—As used in this part:
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(6) "Heated tobacco product" means a product containing
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tobacco designed for use in an electronic device with a heat
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source that does not involve any form of burning or combustion
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during ordinary conditions of use and which produces an
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inhalable aerosol by heating the tobacco but does not produce
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any smoke.
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(13)(12) "Tobacco products" means loose tobacco suitable
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for smoking; snuff; snuff flour; cavendish; plug and twist
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tobacco; fine cuts and other chewing tobaccos; shorts; refuse
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scraps; clippings, cuttings, and sweepings of tobacco, and other
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kinds and forms of tobacco prepared in such manner as to be
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suitable for chewing; but "tobacco products" does not include
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cigarettes, as defined by s. 210.01(1), heated tobacco products,
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or cigars.
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Section 5. Subsection (8) of section 569.002, Florida Statutes, is amended to read:
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569.002 Definitions.—As used in this part, the term:
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(8) "Tobacco products" includes loose tobacco leaves, and
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products made from tobacco leaves, in whole or in part, and
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cigarette wrappers, which can be used for smoking, sniffing, or
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chewing, and heated tobacco products as defined in s. 210.25.
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Section 6. Paragraph (d) of subsection (1) of section
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951.22, Florida Statutes, is amended to read:
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951.22 County detention facilities; contraband articles.—
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(1) It is unlawful, except through regular channels as
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duly authorized by the sheriff or officer in charge, to
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introduce into or possess upon the grounds of any county
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detention facility as defined in s. 951.23 or to give to or
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receive from any inmate of any such facility wherever said
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inmate is located at the time or to take or to attempt to take
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or send therefrom any of the following articles, which are
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contraband:
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(d) Any tobacco products as defined in s. 210.25 s.
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210.25(12).
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Section 7. For the purpose of incorporating the amendment
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made by this act to section 569.002, Florida Statutes, in a
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reference thereto, subsection (5) of section 569.31, Florida
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Statutes, is reenacted to read:
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569.31 Definitions.—As used in this part, the term:
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(5) "Nicotine product" means any product that contains
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nicotine, including liquid nicotine, which is intended for human
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consumption, whether inhaled, chewed, absorbed, dissolved, or
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ingested by any means. The term also includes any nicotine
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dispensing device. The term does not include a:
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(a) Tobacco product, as defined in s. 569.002;
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(b) Product regulated as a drug or device by the United
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States Food and Drug Administration under Chapter V of the
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Federal Food, Drug, and Cosmetic Act; or
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(c) Product that contains incidental nicotine.
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Section 8. This act shall take effect July 1, 2026.