Florida Statutes
Part I - Tax on Cigarettes (Ss. 210.01-210.22)
210.02 - Cigarette tax imposed; collection.


(1) An excise or privilege tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, and use of cigarettes in this state, in the following amounts, except as hereinafter otherwise provided, for cigarettes of standard dimensions:
(a) Upon all cigarettes weighing not more than 3 pounds per thousand, 16.95 mills on each cigarette.
(b) Upon all cigarettes weighing more than 3 pounds per thousand and not more than 6 inches long, 33.9 mills on each cigarette.
(c) Upon all cigarettes weighing more than 3 pounds per thousand and more than 6 inches long, 67.8 mills on each cigarette.

(2) The description of cigarettes contained in paragraphs (a), (b), and (c) of subsection (1) are hereby declared to be standard as to dimensions for taxing purposes as provided in this law and should any cigarette be received, purchased, possessed, sold, offered for sale, given away, or used of a size other than of standard dimensions, the same shall be taxed at the rate of 1.41 cents on each such cigarette.
(3) When cigarettes as described in paragraph (1)(a) are packed in varying quantities of 20 cigarettes or less, except manufacturer’s free samples authorized under s. 210.04(9), the following rate shall govern:
(a) Packages containing 10 cigarettes or less require a 16.95-cent tax.
(b) Packages containing more than 10 but not more than 20 cigarettes require a 33.9-cent tax.

(4) When cigarettes as described in paragraph (1)(b) are packed in varying quantities of 20 cigarettes or less, except manufacturer’s free samples authorized under s. 210.04(9), the following rates shall govern:
(a) Packages containing 10 cigarettes or less require a 33.9-cent tax.
(b) Packages containing more than 10 but not more than 20 cigarettes require a 67.8-cent tax.

(5) When cigarettes as described in paragraph (1)(c) are packed in varying quantities of 20 cigarettes or less, except manufacturer’s free samples authorized under s. 210.04(9), the following rates shall govern:
(a) Packages containing 10 cigarettes or less require a 67.8-cent tax.
(b) Packages containing more than 10 but not more than 20 cigarettes require a 135.6-cent tax.

(6) This tax shall be paid by the dealer to the division for deposit and distribution as hereinafter provided upon the first sale or transaction within the state, whether or not such sale or transfer be to the ultimate purchaser or consumer. The seller or dealer shall collect the tax from the purchaser or consumer, and the purchaser or consumer shall pay the tax to the seller. The seller or dealer shall be responsible for the collection of the tax and the payment of the same to the division. All taxes are due not later than the 10th day of the month following the calendar month in which they were incurred, and thereafter shall bear interest at the rate of 1 percent per month. If the amount of tax due for a given period is assessed without allocating it to any particular month, the interest shall begin with the date of the assessment. Whenever cigarettes are shipped from outside the state to anyone other than a distributing agent or wholesale dealer, the person receiving the cigarettes shall be responsible for the tax on said cigarettes and the payment of same to the division.
(7) It is the legislative intent that the tax on cigarettes shall be uniform throughout the state.
History.—s. 2, ch. 21946, 1943; s. 2, ch. 22645, 1945; s. 7, ch. 24337, s. 1, ch. 23871, s. 2, ch. 24363, 1947; s. 11, ch. 25035, s. 1, ch. 26320, 1949; s. 3, ch. 29884, 1955; ss. 1, 3, ch. 63-480; s. 1, ch. 65-442; s. 1, ch. 68-30; ss. 16, 35, ch. 69-106; ss. 40, 41, ch. 71-355; s. 6, ch. 72-360; s. 1, ch. 75-104; s. 1, ch. 77-409; s. 2, ch. 79-11; s. 1, ch. 82-85; s. 1, ch. 85-294; s. 1, ch. 86-123; s. 1, ch. 88-308; s. 20, ch. 90-132.

Structure Florida Statutes

Florida Statutes

Title XIV - Taxation and Finance

Chapter 210 - Tax on Tobacco Products

Part I - Tax on Cigarettes (Ss. 210.01-210.22)

210.01 - Definitions.

210.011 - Cigarette surcharge levied; collection.

210.02 - Cigarette tax imposed; collection.

210.021 - Payment of taxes by certified check or electronic funds transfer.

210.03 - Prohibition against levying of cigarette taxes by municipalities.

210.04 - Construction; exemptions; collection.

210.05 - Preparation and sale of stamps; discount.

210.06 - Affixation of stamps; presumption.

210.07 - Machines.

210.08 - Bond for payment of taxes.

210.085 - Transactions only with permitted manufacturers, importers, distributing agents, dealers, and retail dealers.

210.09 - Records to be kept; reports to be made; examination.

210.095 - Mail order, Internet, and remote sales of tobacco products; age verification.

210.10 - General powers of the Division of Alcoholic Beverages and Tobacco.

210.11 - Refunds; sales of stamps and payment of tax.

210.12 - Seizures; forfeiture proceedings.

210.13 - Determination of tax on failure to file a return.

210.14 - Warrant for collection of taxes.

210.15 - Permits.

210.151 - Initial temporary cigarette permits.

210.16 - Revocation or suspension of permit.

210.1605 - Renewal of permit.

210.161 - Examination of records.

210.18 - Penalties for tax evasion; reports by sheriffs.

210.1801 - Exempt cigarettes for members of recognized Indian tribes.

210.181 - Civil penalties.

210.185 - Prohibition on sale or distribution of cigarettes; criminal penalties; administrative sanctions; applicability.

210.19 - Records to be kept by division.

210.20 - Employees and assistants; distribution of funds.

210.201 - H. Lee Moffitt Cancer Center and Research Institute facilities; establishment; funding.

210.205 - Cigarette tax distribution reporting.

210.22 - Declaration of legislative intent.