Florida Statutes
Fla. Stat. § 210.02 (2025)
Cigarette tax imposed; collection.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 4
cases, 1947–1997 · leading case: State Ex Rel. Dade Cnty. v. Brautigam, 224 So. 2d 688 (Fla. 1969).
State Ex Rel. Dade Cnty. v. Brautigam, 224 So. 2d 688 (Fla. 1969). “Any municipality in this state may, in the discretion of its governing body, impose an excise or privilege tax upon the sale, receipt, purchase, possession, consumption, handling, distribution and use of cigarettes sold or to be sold at retail within the territorial limits of…”
Devore v. Lee, 30 So. 2d 924 (Fla. 1947). “We might dismiss the matter with a decision that, such instruments were not taxable under that section, but in view of the prayer of the bill we shall go one step farther and say that they are taxable under Section 210.02 as involving an interest in land.”
In Re Eli Witt Co., 216 B.R. 672 (Bankr. M.D. Fla. 1997). “05(5), which provides for the sale of “stamped but untaxed cigarettes” to the Seminole Tribe.”
Seminole Tribe v. State, 20 Fla. Supp. 2d 208 (Fla. Div. Admin. Hr'g 1985). “Agents or wholesale dealers shall treat such cigarettes and the sale thereof in the same manner, with respect to reporting and stamping, as other sales under this chapter, but agents or wholesale *211 dealers shall not collect from the purchaser the tax imposed by § 210.02. The…”
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