Call to Action in Florida

[Razgul]

I got a bit of information last night about a Bill yesterday in Florida, here's what Kevin Skipper (VISTA President) has to say about it:

"I have learned (thanks to VISTA's lobbyist in Tallahassee) of a potential huge blow to the vaping industry in Florida. Yesterday the House Finance & Tax Committee discussed as part of their agenda, a Bill for this legislative session that would define electronic cigarettes and eliquid as tobacco products, thereby possibly making them subject to licensing requirements, and also imposing an 85% of wholesale tax on all eliquids sold in Florida. See the last three pages of the document (follow the link below).

VISTA has been doing all we can to stay afloat and monitor this type of stuff at the state level in Florida, and we were able to catch this on the first day it was available (far ahead of where we were just one year ago); however, there is NO POSSIBLE WAY we can get involved further without additional members (businesses) from the vaping industry in Florida. Tackling this is going to be a HUGE task, and it will cost money. We need you on board immediately. Visit www.vistatruth.org today - even if you can afford quarterly payments instead of a lump sum, we will work it out...but it is imperative that we get membership in gear, NOW. There is no time to waste, no excuses to make, only action to take."

http://www.myfloridahouse.gov/Secti...tType=Meeting+Packets&FileName=ftc+2-3-15.pdf


Here are my thoughts: As consumers we cannot fight this alone, what we can do to help is support Florida owned businesses, as you would support the businesses in your own area if there were you, and try to convince those shop owners to support VISTA in any small way they can.

 

[HAPPYVAPORSHOPS]

Hi Im Teresa and I spoke to someone on Facebook advising our team in Miami, Fl is ready to advocate, including visiting all the Vapor Shops in South Florida if need be. Our #1 goal is educating and advocating so please have someone call our shop and let us know what we can do. Also, our team will be at the advocacy meeting in Tampa so please let us know who we can speak with. We are genuine ex-smokers wanting to help ex-smokers so although our pockets are not deep our hearts are big. We will contribute what we can to the team with the heart and mind set in the right direction.

 

[Razgul]

Hi Im Teresa and I spoke to someone on Facebook advising our team in Miami, Fl is ready to advocate, including visiting all the Vapor Shops in South Florida if need be. Our #1 goal is educating and advocating so please have someone call our shop and let us know what we can do. Also, our team will be at the advocacy meeting in Tampa so please let us know who we can speak with. We are genuine ex-smokers wanting to help ex-smokers so although our pockets are not deep our hearts are big. We will contribute what we can to the team with the heart and mind set in the right direction.

The contact email for Kevin Skipper is [email protected]. He is the President of VISTA and the spearhead of this fight. He asked me to pass along his email to you. Thanks for looking out for all vapers!

 

[5150sick]

Could you please let me know what line the vaping part starts on in the pdf link you provided.
I read the thing 3 times already and can't seem to find anything but a small mention.
Do you have any other links that has the bill written more clearly or are they just trying to tack vaping on as a "tobacco product"?
Thanks, Tom

 

[HazyShades]

Could you please let me know what line the vaping part starts on in the pdf link you provided.
I read the thing 3 times already and can't seem to find anything but a small mention.
Do you have any other links that has the bill written more clearly or are they just trying to tack vaping on as a "tobacco product"?
Thanks, Tom

Bro, it looks to me like on page 34-36 of the linked to pdf. If I read this correctly
they're talking about a 25% tax on nicotine and nicotine dispensing devices to the consumer.
In English now; Vape shops in FL are about to have to tax our goods an extra 25%
rather than or plus the 7% sales tax. See the underlined part on page 36 of the pdf.
I'm in Miami. While I usually purchase my juice and devices on the net
this will likely put a lot of B&Ms out of business due to that many local customers will go
buy on the net. Of course, if the FDA & FCC (ie our wonderful cigarette smoking golfer prez) get their way
the sale of such products via the internet will also be taxed and or restricted.

Allow me to translate even further; Stock up NOW, before this if passed, goes into effect on July 01, 2015
Let me know if you get any more info.
Regards,
Hazy

 

[5150sick]

http://www.flsenate.gov/Laws/Statutes/2014/877.112

877.112 Nicotine products and nicotine dispensing devices; prohibitions for minors; penalties; civil fines; signage requirements; preemption.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “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.
(b) “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 s. 569.002;




This is the PDF:

FLORIDA H 0 U S E 0 F REPRESENTATIVES
BILL ORIGINAL A bill to be entitled An act relating to tobacco products; amending s. 210.25, F.S.; amending the definition of tobacco products to include nicotine products and certain nicotine dispensing devices; amending s. 210.276, F.S.; excluding nicotine products and certain nicotine dispensing devices from a surtax exception; amending s. 210.30, F.S.; excluding nicotine products and certain nicotine dispensing devices from a tax exception; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection of section 210.25, Florida Statutes, is amended, and new subsections and are added to that section to read: 210 Definitions.-As used in this part: YEAR "Tobacco products" means loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing; nicotine products; or nicotine dispensing devices which cannot be refilled or recharged with nicotine product; but "tobacco products" does not include cigarettes, as defined by s. 210.01{1), or cigars; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. "Use" means the exercise of any right or power incidental to the ownership of tobacco products. "Wholesale sales price" means the established price 34 for which a manufacturer sells a tobacco product to a 35 distributor, exclusive of any diminution by volume or other 3 6 discounts. "Nicotine dispensing device" has the same meaning as provided ins. 877.112(1) (a), F.S. 39 "Nicotine product" has the same meaning as provided 4 0 in s. 8 7 7. 112 ( 1) (b) , F. s. 41 Section 2. Subsection of section 210.276, Florida Statutes, is amended to read: 210.276 Surcharge on tobacco products.- (2) A surcharge is imposed upon the use or storage by consumers of tobacco products in this state and upon\such consumers at the rate of 60 percent of the wholesale sales price. The surcharge imposed by this subsection does not apply if the surcharge imposed by subsection (1) on such tobacco products has been paid. This surcharge does not apply to the use or storage of tobacco products, with the exception of nicotine products and nicotine dispensing devices which cannot be refilled or recharged with nicotine product, in quantities of less than 1 pound in the possession of any one consumer. 54 Section 3. Subsection (2) of section 210.30 1 Florida 55 Statutes 1 is amended to read: 210.30. Tax on tobacco products; exemptions.- (2) A tax is hereby imposed upon the use or storage by consumers of tobacco products in this state and upon such consumers at the rate of 25 percent of the cost of such tobacco products. The tax imposed by this subsection shall not apply if the tax imposed by subsection (1) on such tobacco products has been paid. This tax shall not apply to the use or storage of tobacco products with the exception of nicotine products and nicotine dispensing devices which cannot be refilled or recharged with nicotine product in quantities of less than 1 pound in the possession of any one consumer. Section 4. This act shall take effect July 1 1 2015.


Section 210.276
http://fl.elaws.us/law/210.276

Section 210.30
http://fl.elaws.us/law/210.30

So is this just a distant idea or something?
Because Casaa, Vaping Militia, Google search has nothing on this.

Thanks, Tom

 

[HazyShades]

http://www.flsenate.gov/Laws/Statutes/2014/877.112

877.112 Nicotine products and nicotine dispensing devices; prohibitions for minors; penalties; civil fines; signage requirements; preemption.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “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.
(b) “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 s. 569.002;




This is the PDF:

FLORIDA H 0 U S E 0 F REPRESENTATIVES
BILL ORIGINAL A bill to be entitled An act relating to tobacco products; amending s. 210.25, F.S.; amending the definition of tobacco products to include nicotine products and certain nicotine dispensing devices; amending s. 210.276, F.S.; excluding nicotine products and certain nicotine dispensing devices from a surtax exception; amending s. 210.30, F.S.; excluding nicotine products and certain nicotine dispensing devices from a tax exception; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection of section 210.25, Florida Statutes, is amended, and new subsections and are added to that section to read: 210 Definitions.-As used in this part: YEAR "Tobacco products" means loose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco; fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be suitable for chewing; nicotine products; or nicotine dispensing devices which cannot be refilled or recharged with nicotine product; but "tobacco products" does not include cigarettes, as defined by s. 210.01{1), or cigars; or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose. "Use" means the exercise of any right or power incidental to the ownership of tobacco products. "Wholesale sales price" means the established price 34 for which a manufacturer sells a tobacco product to a 35 distributor, exclusive of any diminution by volume or other 3 6 discounts. "Nicotine dispensing device" has the same meaning as provided ins. 877.112(1) (a), F.S. 39 "Nicotine product" has the same meaning as provided 4 0 in s. 8 7 7. 112 ( 1) (b) , F. s. 41 Section 2. Subsection of section 210.276, Florida Statutes, is amended to read: 210.276 Surcharge on tobacco products.- (2) A surcharge is imposed upon the use or storage by consumers of tobacco products in this state and upon\such consumers at the rate of 60 percent of the wholesale sales price. The surcharge imposed by this subsection does not apply if the surcharge imposed by subsection (1) on such tobacco products has been paid. This surcharge does not apply to the use or storage of tobacco products, with the exception of nicotine products and nicotine dispensing devices which cannot be refilled or recharged with nicotine product, in quantities of less than 1 pound in the possession of any one consumer. 54 Section 3. Subsection (2) of section 210.30 1 Florida 55 Statutes 1 is amended to read: 210.30. Tax on tobacco products; exemptions.- (2) A tax is hereby imposed upon the use or storage by consumers of tobacco products in this state and upon such consumers at the rate of 25 percent of the cost of such tobacco products. The tax imposed by this subsection shall not apply if the tax imposed by subsection (1) on such tobacco products has been paid. This tax shall not apply to the use or storage of tobacco products with the exception of nicotine products and nicotine dispensing devices which cannot be refilled or recharged with nicotine product in quantities of less than 1 pound in the possession of any one consumer. Section 4. This act shall take effect July 1 1 2015.


Section 210.276
http://fl.elaws.us/law/210.276

Section 210.30
http://fl.elaws.us/law/210.30

So is this just a distant idea or something?
Because Casaa, Vaping Militia, Google search has nothing on this.

Thanks, Tom

Heh, Don't look like any distant idea there, Tom. It is proposed legislation to be voted on and enacted on July 01, 2015 if it passes.
I saw the 60% part and didn't figure it would apply directly to consumers but rather to the wholesalers. Of course the wholesaler will pass the cost to the retailer who will in turn
pass the cost to the consumer.
So between that rape and the specific 25% tax
to the consumer if your butt doesn't already hurt
and I can imagine it must, it will hurt even more
when the legislature passes this shit which I imagine it will.

Not that I'm a pessimist or anything but...
considering that Florida is hurting for money,
the courts are letting people off because they don't have the bucks to prosecute
and all kinds of other shit I won't get into
because this is already depressing enough...
I'll bet ya my VAMO it'll pass. OK, not my VAMO
but I'll betcha my new Kayfun Lite Clone.

CASAA, Vaping Militia...LOL.
No comment 'cause I don't wanna piss anybody off.
But I will say social bull and dog tags don't mean jack...

Anyway, I'm up 'cause I wanted to order another Kayfun from MFS but they're out of stock again so I just got some juice so I could use their 17% off code. "FEB17".
I'm off to order something from fasttech now that they're working again
and then some shut eye. Catch ya on the universe...
Be good, Sick.
You gotta bud in Miami.
Hazy