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THE BILL ITSELF

SB 754

Heated Tobacco Products

VERSION S 754 Filed · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 SB 754 By Senator DiCeglie 18-00936-26 2026754__
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 products”; renaming
6 part II of ch. 210, F.S., entitled “Tax on Tobacco
7 Products other than Cigarettes or Cigars,” as “Tax on
8 Tobacco Products other than Cigarettes, Heated Tobacco
9 Products, or Cigars”; amending s. 210.25, F.S.;
10 defining the term “heated tobacco product”; conforming
11 a provision to changes made by the act; amending s.
12 569.002, F.S.; revising the definition of the term
13 “tobacco products”; amending s. 951.22, F.S.;
14 conforming a cross-reference; reenacting s. 569.31(5),
15 F.S., relating to definitions, to incorporate the
16 amendment made to s. 569.002, F.S., in a reference
17 thereto; providing an effective date.
19 Be It Enacted by the Legislature of the State of Florida:
21 Section 1. Subsection (1) of section 210.01, Florida
22 Statutes, is amended to read:
23 210.01 Definitions.—When used in this part the following
24 words shall have the meaning herein indicated:
25 (1) “Cigarette” means any roll for smoking, except one of
26 which the tobacco is fully naturally fermented, without regard
27 to the kind of tobacco or other substances used in the inner
28 roll or the nature or composition of the material in which the
29 roll is wrapped, which is made wholly or in part of tobacco
30 irrespective of size or shape and whether such tobacco is
31 flavored, adulterated or mixed with any other ingredient. The
32 term does not include a heated tobacco product as defined by s.
33 210.25.
34 Section 2. Paragraph (i) of subsection (1) of section
35 210.095, Florida Statutes, is amended to read:
36 210.095 Mail order, Internet, and remote sales of tobacco
37 products; age verification.—
38 (1) For purposes of this section, the term:
39 (i) “Tobacco products” means all cigarettes, smoking
40 tobacco, snuff, fine-cut chewing tobacco, cut and granulated
41 tobacco, cavendish, and plug or twist tobacco , and heated
42 tobacco products as defined in s. 210.25 .
43 Section 3. Part II of chapter 210, Florida Statutes,
44 entitled “Tax on Tobacco Products other than Cigarettes or
45 Cigars,” is renamed “Tax on Tobacco Products other than
46 Cigarettes, Heated Tobacco Products, or Cigars.”
47 Section 4. Present subsections (6) through (14) of section
48 210.25, Florida Statutes, are redesignated as subsections (7)
49 through (15), respectively, a new subsection (6) is added to
50 that section, and present subsection (12) of that section is
51 amended, to read:
52 210.25 Definitions.—As used in this part:
53 (6) “Heated tobacco product” means a product containing
54 tobacco designed for use in an electronic device with a heat
55 source that does not involve any form of burning or combustion
56 during ordinary conditions of use and which produces an
57 inhalable aerosol by heating the tobacco but does not produce
58 any smoke.
59 (13) (12) “Tobacco products” means loose tobacco suitable
60 for smoking; snuff; snuff flour; cavendish; plug and twist
61 tobacco; fine cuts and other chewing tobaccos; shorts; refuse
62 scraps; clippings, cuttings, and sweepings of tobacco, and other
63 kinds and forms of tobacco prepared in such manner as to be
64 suitable for chewing; but “tobacco products” does not include
65 cigarettes , as defined by s. 210.01(1), heated tobacco products,
66 or cigars.
67 Section 5. Subsection (8) of section 569.002, Florida
68 Statutes, is amended to read:
69 569.002 Definitions.—As used in this part, the term:
70 (8) “Tobacco products” includes loose tobacco leaves, and
71 products made from tobacco leaves, in whole or in part, and
72 cigarette wrappers, which can be used for smoking, sniffing, or
73 chewing , and heated tobacco products as 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 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, 2026.