(Florida) Bill Would Block Electronic Cigarettes For Minors

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AgentAnia

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Just finished watching the Florida House session on S224/H169 (am putting in for hazardous duty pay). Cannot tell you exactly what the outcome is as I don't speak arcane legislativese, except it appears the House took out (by last minute amendment) the state pre-emption section, otherwise approving the Senate version. (Please do not quote me on this; this is my interpretation only.)

What I want to mention here is that a specific question was asked about how this bill would affect online sales. Rep. Artiles (main bill sponsor) replied, ""The intent of this bill has nothing to do with online purchases, except if an online vendor sells to a minor, it is an offense under this bill." No follow-up questions or discussion.
 

ennagizer

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According to this page: Florida House of Representatives - CS/CS/CS/HB 169 - Tobacco and Nicotine Product Regulation
Last Event: Laid on Table on Tuesday, April 22, 2014 2:17 PM

"Lay on the Table" means "If agreed to, a motion to lay a measure on the table is typically the equivalent of rejecting the measure". Ref: Florida House of Representatives - Legislative Glossary

Does anyone know what happens from here? Is this essentially dead until next year?

Edit: According to this article, it is ready for a vote:
E-cigarette bill ready for House vote
Edit2: According to another article, it will be voted on tomorrow, with the language that prohibited cities and counties from passing their own, stricter ordinances removed.
Bipartisan Florida House vote restores local control of e-cigarette regulations
 
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NorthOfAtlanta

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According to this page: Florida House of Representatives - CS/CS/CS/HB 169 - Tobacco and Nicotine Product Regulation
Last Event: Laid on Table on Tuesday, April 22, 2014 2:17 PM

"Lay on the Table" means "If agreed to, a motion to lay a measure on the table is typically the equivalent of rejecting the measure". Ref: Florida House of Representatives - Legislative Glossary

Does anyone know what happens from here? Is this essentially dead until next year?

Edit: According to this article, it is ready for a vote:
E-cigarette bill ready for House vote

Same thing happened to the GA bill and I thought it was dead. Two days later someone picked it up off the table and it passed.
Here is the sequence of events.

Mar/26/2014 - House Sent to Governor
Mar/20/2014 - Senate Passed/Adopted
Mar/20/2014 - Senate Third Read
Mar/20/2014 - Senate Taken from Table
Mar/18/2014 - Senate Tabled
Mar/13/2014 - Senate Read Second Time
Mar/13/2014 - Senate Committee Favorably Reported
Feb/25/2014 - Senate Read and Referred
Feb/24/2014 - House Passed/Adopted By Substitute
Feb/24/2014 - House Third Readers
Feb/20/2014 - House Committee Favorably Reported By Substitute
Feb/11/2013 - House Second Readers
Feb/08/2013 - House First Readers
Feb/07/2013 - House Hopper

So don't count it dead until they gavel the session closed.

:D:vapor:
 

ennagizer

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Thanks NorthOfAtlanta. I guess it was "Laid on Table" to discuss and take the wording out that prevented local control. I would have liked to see that stay in.

I would also have liked additional clarification on how this affects online sales. The quote AgentAnia posted raises more questions. There is no provision on what an online vendor is supposed to do to try and prevent online sales to minors. The bill makes it very clear what a B&M is supposed to do.
 

MacTechVpr

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The key reason for the amending HB 169 was to preempt (i.e. prohibit) local governments from banning the sale of e-cigs and tobacco products to adults. That's why Big Pharma funded ACS, AHA, ALA are lobbying against HB 169.

http://www.myfloridahouse.gov/Secti...ocumentType=Bill&BillNumber=0169&Session=2014

The following provision in Section 11 of the amended version of HB 169 exempts establishments (which would include online vendors) that don't allow children in their premises.

Now that is the intelligent version of what I was trying to say! Everyone in the vaping community needs to get a law degree.

Gentlemen, I marveled at the fact that despite the attention paid to such legislation by this forum community it managed to bypass the attention of most everyone. While I haven't read the thread in its entirety it's clear from a few poignant posts that late and last minute amendments added the objectionable and threatening aspects to this bill. This has been a tactic of centralists from issues as varied as what constitutes a person to non-apportioned taxation in the past two centuries and going forward. They will always use the midnight hour. But we can't all be lawyers, nor should we need to be. Such a condition merely punctuates our transition to a state of suppression of the individual by government.

"It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow." —PUBLIUS. (Madison) Federalist Papers #62

The preceding would seem very much to apply here. It is democracy corrupted for the public good which has been the doom of a free people throughout known human history. Legalized theft under the brute force of law and the resulting abrogation of the human rights of free association and free moral agency.

I resolved after scoping the lay of the land here that we must convert as many transitioning and prospective vapers into the lifestyle asap. To create a tsunami of consensus among a thriving expanding base of vapers and their close ones. I've been working feverishly since to implement such a program among, B&M's, creators, producers and users alike. And I urge everyone to join me in this mission. Our doom is a pre-pack manufacturing model that readily conforms by its predisposition (our foreign suppliers) and jurisdiction (domestic businesses) to the impending regulatory morass. This will by and large destroy all established or prospective independent vaping industry. And there go our choices out the window.

We must create a vocal majority of our own now, right now, willing to join in this fight to shout down the voices within government and their facilitators in the oligopolies of finance and industry from depriving us of choice. Those voices subdue the masses into quiet acquiescence of our relegation to powerlessness. It's about the creation of another sub-class of Americans. And we are it, that target, again.

I will have no part of that. We must be zealots for vaping not just the mods, the hardware and the juice. It's now about people.

Good luck.

:)
 

Bill Godshall

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Florida House concurs with Senate on bill (SB 224) to ban sales of nicotine dispensing devices to minors, goes to governor
Senate Bill 0224 (2014) - The Florida Senate

Looks like SB 224 will become law in Florida.

Although SB 224 doesn't preempt local governments from enacting laws to ban sales of various tobacco or e-cig products to adults, the Florida Health Dept's SWAT program (and their allies at CTFK, ACS, AHA, ALA) have NOT been successful in their two year long campaign lobbying local municipalities to ban the sale of so-called candy flavored cigars and smokeless tobacco products (that they claim are addicting children and are gateways to cigarette smoking).

I'm not aware of any municipality in Florida that actually banned the sale of any flavored OTP, and the last bill I recall being introduced (in Miami/Dade more than a year ago) never even got a committee vote.
 
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