E-Cigarette Regulations - Florida

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Are e-cigarettes in any section of the state’s statutes included in the definition of "Tobacco Products"?

No.

 

How does the state define an e-cigarette?

Youth Access

Nicotine dispensing device means “any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.”
Fla. Stat. § 569.31(3) (2021)

Nicotine product means “any product that contains nicotine, including liquid nicotine, which is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means, ]but] does not include a: (1) Tobacco product, as defined in § 569.002 [or a] product that contains incidental nicotine.”
Fla. Stat. § 569.31(4) (2021)

Use Restrictions

Vapor-generating electronic device means “any product that employs an electronic, a chemical, or a mechanical means capable of producing vapor or aerosol from a nicotine product or any other substance, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of a solution or other substance intended to be used with or within [such a device].”
Fla. Const. Art. X, § 20(9) (2021); Fla. Stat. § 386.203(15) (2021)

 

Is there a state excise or special tax (non-sales tax) placed on e-cigarettes?

N/A

 

What regulations are in place for e-cigarette packaging?

N/A

 

What restrictions are in place for retail or youth access?

Sale/distribution of nicotine dispensing devices or nicotine products to persons under age 21 (unless active duty military member) prohibited.
Fla. Stat. § 569.41(1) (2021) (Increased MLSA effective October 1, 2021)

Possession of nicotine dispensing devices or nicotine products by persons under age 21 (unless active duty military member) prohibited.
Fla. Stat. § 569.42(1) (2021) (Increased MLSA effective October 1, 2021)

Self-service displays of nicotine products or nicotine dispensing devices prohibited in places accessible to persons under 21 years (unless active duty military member) except sales made while in direct control or line of sight of dealer or through vending machine with lockout device controlled by retailer.
Fla. Stat. § 569.37 (2021) (Increased MLSA effective October 1, 2021)

Delivery sales of nicotine products require certification from consumer, verification of certification by retailer, notification to consumer of purchase age restriction, confirmation of shipment to consumer by telephone and use of a delivery service that will verify the age of person accepting delivery. Internet sales require advanced credit card payment by consumer.
Fla. Stat. § 569.45 (2021) (effective October 1, 2021)

 

Is a retail license or permit required to sell e-cigarettes?

Yes.
Fla. Stat. §§ 569.32(1)(a); 569.34(1) (2021) (effective October 1, 2021)

 

What smoke-free restrictions exist for e-cigarette use?

Use of vapor-generating electronic devices are prohibited in enclosed indoor workplaces, except private residences when not in use as child, adult or health care facilities, with some exceptions.
Fla. Const. Art. X, § 20(a)-(b) (2021); Fla. Stat. § 386.204 (2021)

Vaping by persons under 21 years of age in, on, or within 1000 feet of a school between 6am and midnight.
Fla. Stat. § 386.212 (2021) (increased age effective October 1, 2021)

Use of electronic cigarettes and nicotine dispensing devices in courthouses of Sixth Judicial Circuit and within 50 feet of entrances thereto prohibited.
Admin. Order No. 2015-008 PA/PI-CIR (2021)

Use of electronic cigarettes prohibited in all firefighter employee places of employment.
Fla. Admin. Code Ann. r. 69A-62.024(6) (2021)

E-cigarette use prohibited in licensed out-of-home cargiver homes and vehicles (when children present).
Fla. Admin. Code Ann. r. 65C-45.003(3)(f)(4)(g)(I); 65C-45.010(2)(e)(10) (2021)

Vapor-generating electronic devices prohibited in certain detention facilities.
Fla. Stat. §§ 916.1085(1)(a)(5); 944.47(1)(a)(7); 951.22(1)(l); 985.711(1)(a)(6) (2021)

 

Florida e-cigarette regulations as of June 15, 2021.

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