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Pending FL legislation

Discussion in 'Florida Vapors Club' started by B2L, Apr 21, 2014.

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  1. B2L

    B2L Vaping Master Verified Member ECF Veteran

    Supporting member
    Jan 14, 2012
    Jacksonville, FL
    Just got this email from Wizard Labs, I would encourage everyone in FL to contact their representative.
    Dear Fellow Floridian,

    I am writing to you because a new Florida law could directly affect your access to vaping supplies.
    There is a bill that is about to be passed in the Florida House of Representatives which could possibly be used to eliminate online sales of nicotine, e-liquids and e-cigarettes to adults in Florida.
    House Bill 169 (HB169) is intended to prevent the sale and possession of electronic cigarettes and e-liquids to minors under the age of 18.
    Although Wizard Labs is a strong supporter of 18+ regulation for the ecig industry, this bill has language restricting sale and delivery of nicotine products which could be used to eliminate access to online vaping supplies by adults of legal age in Florida.

    We are urging every Florida vaper to contact their representative tomorrow, Monday morning, and express your concern that any new regulations do not restrict legal adult access to online alternative nicotine products, which could lead to negative consequences by forcing some adult e-cigarette users back to smoking tobacco cigarettes.
    If you do not know which State House Representative you should contact for your district, you can find out by entering your address, and city on the following webpage:
    Florida House of Representatives - Find Your Representative

    Although most of the bill contains reasonable and common sense regulations to prevent e-cigarette usage by minors, the following parts of the bill which could directly affect you as an adult vaper of legal age are as follows:

    The following language from HB169 Section 11 places new restrictions on how ecigs and e-liquids can be sold after July 1st, 2014:
    Quote:
    "(11) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES
    (a) In order to prevent persons under 18 years of age from purchasing or receiving nicotine products or nicotine dispensing devices, the sale or delivery of such products or devices is prohibited, except:
    1. When under the direct control, or line of sight where effective control may be reasonably maintained, of the retailer of nicotine products or nicotine dispensing devices or such retailer's agent or employee;"

    What this means in simple terms are that all future sales of electronic cigarettes, e-liquids, and liquid nicotine in Florida must be conducted in face-to-face transactions at retail stores.
    This bill currently makes no exceptions for legal online sales to adults.

    HB169 defines nicotine products as:
    "any product that contains nicotine, including liquid nicotine, that is intended for human consumption, whether inhaled, chewed, absorbed, dissolved, or ingested by any means"
    HB169 defines nicotine dispensing devices as:
    "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."

    Link to the Bill details and history on the Florida House website: Florida House of Representatives - CS/CS/CS/HB 169 - Tobacco and Nicotine Product Regulation

    Link to a PDF of the full Bill text of HB169: https://www.flsenate.gov/Session/Bill/2014/0169/BillText/c3/PDF

    We believe this is a heavy-handed approach which will unfairly limit access to an effective alternative for many adult smokers and vapers in Florida.
    We urge all Floridians affected by this bill to email and phone their House Representative tomorrow morning and ask them to vote NO on HB169 until such time as the language of this bill is amended to include protections for legal adult access to online alternative nicotine products.
    These protections could reasonably include the use of modern online age verification software, adult signature requirements for mailed packages, or other form of ID and age verification for adult consumers, none of which are currently included in this bill.

    Again, If you do not know which State House Representative you should contact for your district, you can find out by entering your address, and city on the following webpage:
    Florida House of Representatives - Find Your Representative
    The Capitol Office phone number for your State House representative is on the first page next to their photo.
    To email your representative, click on the Full Detail button under your State House representative’s photo, and an Email Representative button will be available on the next page.

    This bill has already passed with a unanimous vote in the Florida Senate, and has been placed on special order calendar in the Florida House of Representatives for this Tuesday, April 22nd, 2014.
    This bill is expected to pass into law unless immediate opposition and action is displayed by Florida vapers.
    Your House Representative has until 2pm tomorrow, Monday April 21st, to submit any amendments to the bill.

    If this bill is allowed to pass into law with the current language, Wizard Labs, and other online Florida businesses may be forced to stop online sales to Florida customers on July 1st, 2014.
    Please take a few moments to send a well thought and respectful email to your representative tonight, and please follow up with a phone call to their Capitol office phone number tomorrow morning.

    Together we can help shape responsible and common sense regulations for our state.


    Sincerely,


    John MacLeod
    Wizard Labs
    6808 Hanging Moss Rd
    Orlando, FL 32807
    (321) 422-0803


    You have received this email as a Florida customer of Wizard Labs. We do not normally send newsletters or advertisements to our customers, but because this Florida legislation could directly affect your rights as our customer, we felt the need to inform you with this letter.
    If you do not wish to receive any notice of this kind, please reply to this email with the subject line “Remove Me”.





    This email is free from viruses and malware because avast! Antivirus protection is active.
     
  2. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
    I just came here to post the same thing. I sent MY e-mail in, Please folks be active on this!
     
  3. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Is there any recommended wording for the letters? I plan on writing to my reps, but want to make sure I haven't overlooked any details. Haven't read the full bill so was curious is like in the past there are any boiler plates that one can add their own comments to. Not having legal training I don't want to miss anything important. TIA
     
  4. B2L

    B2L Vaping Master Verified Member ECF Veteran

    Supporting member
    Jan 14, 2012
    Jacksonville, FL
    This is what I sent, I don't think it covers everything but gets the ides across.

    Representative Ray,

    As a longtime user of e cigarettes, I am writing to ask you to seriously consider voting no on House Bill 169.

    Let me share a little of my story with you, I smoked for 27 years and had tried everything under the sun to stop. This included the patch, nicotine gum, Wellbutrin, hypnosis and going cold turkey. Nothing was successful until I learned about e cigarettes. I bought my first kit almost 4 years ago and have not smoked, nor missed, cigarettes since then.

    E cigarettes are a very effective harm reduction tool for many long time smokers and are saving countless lives.

    I, and most if not all e cigarette users and sellers, are staunchly for age restrictions on ecig purchases. However this bill if passed in its present form would have significant negative impact on some Florida businesses and some ecig users such as those who are disabled and must purchase online thereby forcing them back into smoking.

    There are other means of age restriction available such as software and/or requiring signature confirmation of online purchases.

    I strongly urge you to look into this and vote no on House Bill 169 and yes for the freedom of adult Floridians to purchase these valuable harm reduction tools online.

    Thank you for taking the time to read and consider this.
    Brian
     
  5. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    I sent basically the same. Cut and pasted from John's note and added some of my own words.
    I did talk to my rep's office before sending the note and they were unaware of the deadline as well as the vote. Figures....so I sent the note to make sure my voice was at least "heard" in the rep's office. I'm supposed to get a call back from some aide this afternoon and I will not be holding my breath for the call back.
     
  6. Lurch

    Lurch Ultra Member Verified Member ECF Veteran

    Apr 13, 2014
    Central Florida
    Sent mine in this morning. Thanks B2L for the example you gave; I may some modifications to fit my specific story but used quite a bit of the language you provided.

    Thanks for letting us know about this issue!
     
  7. JimzDogz

    JimzDogz Super Member Verified Member ECF Veteran

    04/21/14 11:10 AM

    To the Honorable Clay Ingram;

    Re: House Bill 169

    Mr. Ingram, I understand and agree with the effort to restrict the sale of nicotine to those under the age of 18 in any form. But, I am seriously concerned by some provisions in this bill. Particularly Section (11)
    { "(11) RESTRICTIONS ON SALE OR DELIVERY OF NICOTINE PRODUCTS OR NICOTINE DISPENSING DEVICES.—
    (a) In order to prevent persons under 18 years of age from purchasing or receiving nicotine products or nicotine dispensing devices, the sale or delivery of such products or devices is prohibited, except:
    1. When under the direct control, or line of sight where effective control may be reasonably maintained, of the retailer of nicotine products or nicotine dispensing devices or such retailer's agent or employee;"}.
    Though this may sound perfectly reasonable, the fact is this will also restrict the availability of these products to all persons who choose to use them no matter what their age. It will end online sales of these products to everyone. I depend on being able to purchase supplies online. I am 62 years old and after struggling for the last 30 yrs. to end my dependence on tobacco products, I've been tobacco free for over a year with the help of these products. It seems to me this section of the bill is contrary to the "Smoke Free Florida Campaign". Because, it inhibits those of us over 18 from acquiring products that we have found useful in our effort to become/stay smoke free. I find this very unsettling and vehemently oppose this happening.

    Thank you.
     
  8. jifjifjif

    jifjifjif Vaping Master Verified Member ECF Veteran

    Mar 11, 2011
    Vape Canaveral, FL
  9. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    This may be a touch off topic, but was this bill publicized much recently? I read the paper most days and do not remember seeing anything about it. The Tampa Bay Times is the major paper here and I've always thought they did a good job covering issues. TIA
     
  10. B2L

    B2L Vaping Master Verified Member ECF Veteran

    Supporting member
    Jan 14, 2012
    Jacksonville, FL
    No, I don't believe it was publicized at all and the section 11 revision was, to my understanding, snuck in at the last minute. As a CASAA member, I typically get a call to action when something like this is happening in the area. I never heard about this until I got the message from Wizard Labs.

    I don't think this is a coincidence, I believe this was trying to be snuck through before anyone noticed. Maybe that's just my paranoia but remember, just because you are paranoid doesn't mean they are not after you:unsure:
     
  11. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
    Any word on how things went today?
     
  12. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Doesn't look like they got to it. Last entry says "Laid on Table" -- whatever that means...lol

    Here's the link I looked at...... https://www.flsenate.gov/Session/Bill/2014/0169

    I wasn't quite sure what to think of the follow up email from WL yesterday about backing off on changing the wording at the 11 hour so to speak. Never have been able to figure out the ins and outs of law making and probably don't want to.
     
  13. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
    Thanks for the link I will check it out, I don't understand all that law making crap either. But with only one day to react to something I doubt much can get done. I don't know what laid on the table means either I guess time will tell. I do live near a decent Vape shop and travel to the NE states a lot so I guess I can find what I am looking for if i need to. But no internet sales is a very bad thing I like that option and tend to use it more than in store purchases.


    Hoping for the best
     
  14. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
    Just found this

    https://answers.yahoo.com/question/index?qid=20080221210757AApKXuG


    Tabling a bill/piece of legislation means that it is set aside for later consideration.

    Whether or not it is "dead" depends upon how many people in the legislature want it considered later, how much other legislation is under consideration - and how much pressure they can bring to bear on the committee chair(s) to bring the tabled item up for active consideration.


    well at least there is some hope

    Maybe someone with more inside info or a better understanding of all this will chime in soon

    perhaps they understand that parts of it need to be altered
     
  15. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Wonder if this means it site until the next day because they had so much "work" to do or what you suggest? I haven't the vaguest and I had to put work in "" because of my jaded opinion of our elected reps. I really hope it means that cooler heads are prevailing and they will rework it. I agree with your comment ..... at least there is some hope :confused:
     
  16. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Wonder if this means it sits until the next day or session because they had so much "work" to do or what you suggested? I haven't the vaguest and I had to put work in "" because of my jaded opinion of our elected reps. I really hope it means that cooler heads are prevailing and they will really rework it. I agree with your comment ..... at least there is some hope :confused:
     
  17. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
  18. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Well, it can sit on that table forever far as I'm concerned.....:D

    I'm trying to figure out how I ended up double posting when I simply edited my first post....lol. Not quite sure how to correct... sorry about this....
     
  19. MoonLit_Water

    MoonLit_Water We All Shine On Verified Member ECF Veteran

    Supporting member
    Feb 16, 2013
    Stuart, Florida
    it can sit there forever as far as I'm concerned too

    don't worry about the double posts, sometimes they just happen
     
  20. horton

    horton ECF Guru Verified Member ECF Veteran

    Aug 11, 2010
    Left Side of Florida
    Thanks.... feel like a yo-yo....just has not been my day....lol
     
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