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 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. § 877.112(1)(a) (2019)

Nicotine product means “any product that contains nicotine, including liquid nicotine, that 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 . . . .”
Fla. Stat. § 877.112(1)(b) (2019)

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) (2019) (Effective date TBD, presumably no later than June 30, 2019)

 

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 18 prohibited.
Fla. Stat. § 877.112(2)-(3) (2019)

Possession of nicotine dispensing devices or nicotine products by persons under age 18 prohibited.
Fla. Stat. § 877.112(6) (2019)

Self-service displays of nicotine products or nicotine dispensing devices prohibited in places accessible to persons under 18 years except sales made through vending machine with lockout device controlled by retailer.
Fla. Stat. § 877.112(11)(12) (2019)

 

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

No

 

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) (2019) (Effective date TBD, presumably no later than June 30, 2019)

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 (2019)

Use of electronic cigarettes prohibited in all firefighter employee places of employment.
Fla. Admin. Code Ann. 69A-62.024(6) (2019)

E-cigarette use prohibited in licensed out-of-home cargiver homes and vehicles (when children present).
Fla. Admin. Code Ann. r. 65C-13.030(7)(e)(11)65C-13.025(4)(g)(I) (2019)

 

Florida e-cigarette regulation as of March 15, 2019. Click to return to the map page.