Here’s what we are currently up against in the state of Florida.
The 2020 Florida Legislative Session began on January 14 and is currently in full swing. Here’s a recap of what we are currently facing in the state of Florida for “vapor related bills”. Since we are still early in the session, there is a high likelihood that we can expect more bills to be announced moving forward. Please note all bill numbers and sponsors/co-sponsors are linked so you can reach out to let them know how these bills will impact your life and businesses. We highly recommend spending the time to read through the bills and amendments so you can see how they are trying to regulate the industry on a state level. When you are there you should sign up for an account and start tracking the bills so you can receive updates as they are available.
Senate Bills:
SB 92
Sponsor: Sen. David Simmons
Description: Controlled Substances; Revising age limitations relating to the use and hire of certain persons and the delivery of controlled substances to certain persons; providing for the reclassification of criminal penalties relating to the sale of controlled substances to certain persons; expanding the definition of the term “drug paraphernalia”, etc.
Notes: This will make a vape device drug paraphernalia if person is caught using a vape for the delivery of an illegal substance.
SB 810
Sponsor: Sen. David Simmons
Description: Please note there is a “strike all” amendment that was passed which changes the entire bill. Please see the amendment section for updated bill. Tobacco and Nicotine Products; Revising the age limits for permits relating to cigarettes; revising age and time restrictions relating to the prohibition of smoking and vaping near school property; revising prohibitions on the sale of tobacco products from vending machines; requiring that the age of persons purchasing tobacco products be verified under certain circumstances, etc.
Notes: Artificially categorizes vaping as tobacco product which will increase chances of future taxation and flavor restrictions. Requires retailers, distributors and manufacturers to get a tobacco license in their business category to operate legally in Florida, receiving license is not guaranteed, recipient must be of “good moral character”. Raises age to 21. Requires ID’s to be checked with online orders which will increase shipping costs for residents of Florida who do not have easy access to vape shops.
SB 1394
Sponsor: Sen. David Simmons
Description: Taxes and Fees; Revising the definition of the term “tobacco products” to include nicotine dispensing devices and nicotine products, etc.
Notes: Adds 60% & 25% wholesale tobacco tax to all vapor products and excludes taxes on cigarettes and cigars. Companion Bill HB 1037.
SB 694
Sponsor: Sen. Debbie Mayfield
Description: Nicotine and Tobacco Products; Defining the term “electronic smoking device”; redefining the term “tobacco products”; revising exemptions to the prohibition of the sale or delivery of tobacco products; deleting a provision that allows the sale or delivery of
tobacco products from a vending machine equipped with a certain device; prohibiting a dealer from selling flavored e-liquid; providing that certain statements and claims are presumptive evidence that e-liquid is flavored e-liquid, etc.
Notes: Statewide flavor ban.
SB 1638
Sponsor: Sen. Anitere Flores
Description: Nicotine Products; Revising the punishment for certain civil infractions; defining the terms “characterizing flavor” and “flavored liquid nicotine”; prohibiting the sale, delivery, bartering, furnishing, or giving of flavored liquid nicotine to any person; prohibiting a person from engaging in certain activities relating to the promotion of nicotine dispensing devices and nicotine products for unlawful use; requiring retailers of electronic nicotine delivery systems to take certain actions when selling the devices, etc.
Notes: Statewide flavor ban.
House Bills:
HB 151
Sponsors: Rep. Nicholas Duran & Rep. Jackie Toledo
Co-Sponsors: Rep. Mike Beltran, Rep. Anna Eskamani, Rep. Javier Fernandez, Rep. Michael Grieco, Rep. Matt Willhite.
Description: Use of Regulated Substances; Prohibits physician from issuing certificate for marijuana in form for smoking to patient under 21 years of age; provides information for informed consent form; prohibits sale of flavored liquid nicotine products intended for certain uses; revises age for smoking near school property; revises prohibited age related to sale, delivery, gift, possession, & purchase of tobacco products; revises provisions relating to restrictions on sale & delivery of nicotine products or nicotine dispensing devices.
Notes: Statewide flavor ban and tobacco 21.
HB 1037
Sponsors: Rep. Nicholas Duran & Rep. Jackie Toledo
Description: Tobacco Products; Revises definition of term “tobacco products” to include nicotine dispensing devices & nicotine products.
Notes: Adds 60% wholesale tax to all vapor products. See companion bill SB 1394.
What can you do?
If you are an industry stakeholder and not a member of Florida Smoke Free Association, ask yourself if can you afford to not be a member? We are the boots on the ground. We’ve been defending you for years and the time is now, we must have all Florida businesses sign up in order to win this battle.
If you ever have questions about FSFA you can reach all of our board members by emailing [email protected].
We’ve come too far, changed too many lives and invested too much to give up now.
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FSFA is a not for profit state advocacy group that is funded solely by membership fees and donations. If you are an industry stakeholder that sells products or operates in the state of Florida, we highly encourage you to sign up for a membership in order to help fund the fight. You can contribute by clicking here.
If you are a consumer and would like to know how you can help the industry in the state of Florida, we suggest that you go to our members page and show your support by supporting the responsible brands that contribute on a monthly bases to our advocacy efforts.
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The information in this article is the sole opinion of its author, Jonathan Risteen. If you have any questions or concerns you can reach him at [email protected].
