The Florida Age Gate Act aims to enhance the regulation of nonapproved disposable nicotine dispensing devices by introducing a definition for such devices and requiring regular inspections of dealers by the Division of Alcoholic Beverages and Tobacco and the Department of Law Enforcement. The bill revises penalties for violations, including administrative fines that will be used to bolster enforcement efforts and public awareness campaigns targeting nicotine use among individuals under 21. It also imposes restrictions on advertising and displaying these devices in areas visible to minors, mandates record-keeping for sales, and outlines conditions for dealers to relocate if they are within 500 feet of schools. Additionally, the division is required to report annually on the enforcement of these provisions.

The bill further amends existing laws regarding penalties for dealers whose employees illegally sell nicotine products to individuals under 21, allowing for mitigation of penalties under certain conditions, such as being a qualified responsible dealer and providing necessary employee training. It establishes that three violations within 180 days serve as prima facie evidence of a dealer's lack of due diligence. Moreover, dealers must provide instructional materials at the point of sale to verify the legal age of customers, with the option to use electronic age verification systems. Non-compliance will result in administrative penalties, and the act is set to take effect on July 1, 2025.

Statutes affected:
S 928 Filed: 569.33, 569.35, 569.39
S 928 c1: 569.33, 569.35, 569.39