Miami-Dade Legislative Item
File Number: 140392
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File Number: 140392 File Type: Resolution Status: Adopted
Version: 0 Reference: R-254-14 Control: Board of County Commissioners
File Name: SUPPORTING LEGISLATION THAT PROHIBIT SALE OF E-CIGARETTES Introduced: 2/21/2014
Requester: NONE Cost: Final Action: 3/4/2014
Agenda Date: 3/4/2014 Agenda Item Number: 11A26
Notes: Title: RESOLUTION SUPPORTING SB 224, HB 153, HB 169 OR SIMILAR LEGISLATION THAT WOULD PROHIBIT (I) THE SALE OF ELECTRONIC CIGARETTES AND OTHER NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 AND (II) THE POSSESSION OR USE OF SUCH DEVICES BY MINORS
Indexes: ELECTRONIC CIGARETTES
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/4/2014 11A26 Adopted P

County Attorney 2/21/2014 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION SUPPORTING SB 224, HB 153, HB 169 OR SIMILAR LEGISLATION THAT WOULD PROHIBIT (I) THE SALE OF ELECTRONIC CIGARETTES AND OTHER NICOTINE DISPENSING DEVICES TO PERSONS UNDER THE AGE OF 18 AND (II) THE POSSESSION OR USE OF SUCH DEVICES BY MINORS

BODY

WHEREAS, electronic cigarettes, also known as e-cigarettes, are electronic products that permit users to inhale vaporized nicotine, flavor, and other chemicals, without fire, smoke, ash or carbon dioxide; and
WHEREAS, most electronic cigarettes are manufactured to resemble cigarettes, cigars or pipes, but some are manufactured to resemble pens and Universal Serial Bus (USB) memory sticks; and
WHEREAS, sales of electronic cigarettes have grown rapidly in the United States, and after doubling every year since 2008, sales in 2013 are now accelerating even faster and projected to reach $1.7 billion this year; and
WHEREAS, consumers are led to believe that electronic cigarettes are a safe alternative to traditional cigarettes, despite the fact that electronic cigarettes have the potential to be addictive; and
WHEREAS, there is no federal regulatory oversight ensuring the safety of the ingredients in electronic cigarettes; and
WHEREAS, the cost of electronic cigarettes has fallen substantially, making them more affordable to and more accessible by minors; and
WHEREAS, data from the 2011 and 2012 National Youth Tobacco Surveys conducted by the Centers for Disease Control and Prevention show that electronic cigarette use among minors doubled in the last year; and
WHEREAS, specifically, one in 10 high school students reported that they had tried an electronic cigarette in the last year, which is up from one in 20 in 2011, and 1.8 million middle and high school students said they had tried electronic cigarettes in 2012; and
WHEREAS, unlike traditional tobacco products, there are no federal age restrictions that would prevent minors from obtaining electronic cigarettes, nor are there any advertising restrictions; and
WHEREAS, the National Association of Attorneys General issued a letter to the United States Food & Drug Administration (FDA) Commissioner urging the FDA to immediately regulate the sale and advertising of electronic cigarettes as “tobacco products”; and
WHEREAS, the letter was signed by 42 attorneys general, including Florida Attorney General Pam Bondi; and
WHEREAS, according to the National Conference of State Legislatures, there are currently 27 states that have banned the sale of electronic cigarettes to minors; and
WHEREAS, Florida law currently prohibits the sale or delivery of tobacco products to persons under the age of 18, as well as the possession of tobacco products by persons under the age of 18, but Florida law is not clear whether these existing tobacco prohibitions for minors include electronic cigarettes; and
WHEREAS, in an attempt to restrict minors’ access to electronic cigarettes, the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverage and Tobacco, advises tobacco retailers on its website that electronic cigarettes containing nicotine from tobacco leaves are considered tobacco products regulated in the state, and that it is unlawful to sell tobacco products to persons under 18 years of age; and
WHEREAS, electronic cigarettes that do not contain nicotine from tobacco leaves are not considered tobacco products and are therefore not regulated in Florida; and
WHEREAS, the Division of Alcoholic Beverage and Tobacco has indicated that Florida law should be amended to clarify the legal status of all electronic cigarettes, whether or not they contain nicotine from tobacco leaves; and
WHEREAS, Senator Lizbeth Benacquisto (R – Fort Myers) has filed SB 224, Representative Ronald “Doc” Renuart (R – Ponte Vedra Beach) has filed HB 153 and Representative Frank Artiles (R - Miami) has filed HB 169 for consideration during the Florida Legislature’s 2014 session; and
WHEREAS, these bills would prohibit the sale of electronic cigarettes and other nicotine dispensing devices to persons under the age of 18 in Florida, as well as prohibit the possession or use of electronic cigarettes and other nicotine dispensing devices by minors in Florida; and
WHEREAS, on January 29, 2002, this Board adopted Ordinance No. 02-20, which prohibited the placement of tobacco products in open self-service displays accessible to minors; and
WHEREAS, on September 14, 2012, this Board adopted Ordinance No. 13-07, which prohibited retailers from placing flavored tobacco products, including but not limited to flavored tobacco products that resemble candy, such as pellets, film strips and twisted sticks, in open self-service displays that are accessible to minors; and
WHEREAS, this Board supports the enactment of SB 224, HB 153, HB 169 or similar legislation that would prohibit the sale, possession or use of electronic cigarettes and other nicotine dispensing devices to persons under the age of 18,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that
Section 1. Supports the enactment of SB 224, HB 153, HB 169 or similar legislation that would prohibit:
A. The sale of electronic cigarettes and other nicotine dispensing devices to persons under the age of 18; and

B. The possession or use of electronic cigarettes and other nicotine dispensing devices by persons under the age of 18.

Section 2. Urges the Florida Legislature to enact SB 224, HB 153, HB 169 or similar legislation.
Section 3. Directs the Clerk of the Board to transmit certified copies of this resolution to the Governor, Senate President, House Speaker, Senator Lizbeth Benacquisto, Representative Frank Artiles, Representative Ronald “Doc” Renuart and the Chair and Remaining Members of the Miami-Dade County State Legislative Delegation.
Section 4. Directs the County’s state lobbyists to advocate the passage of the legislation identified in Sections 1 and 2 above, and directs the Office of Intergovernmental Affairs to include this item in the 2014 State Legislative Package when it is presented to the Board.



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