The Florida Age Gate Act seeks to regulate the sale and distribution 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 enhance enforcement and public awareness campaigns aimed at reducing nicotine use among individuals under 21. It also imposes restrictions on advertising and display of these devices in areas visible to minors and requires dealers to maintain sales records and submit information to the division upon request. Additionally, dealers located within 500 feet of schools must apply for conditional use permits and may need to relocate.

The bill amends existing laws regarding penalties for dealers held liable for illegal sales made by their employees to individuals under 21, allowing for mitigation of penalties under certain conditions. It establishes that three violations within a 180-day period will serve as prima facie evidence of a dealer's lack of due diligence. Furthermore, dealers are mandated to provide instructional materials at the point of sale to verify the legal age of customers, with the option to use electronic systems for age verification. 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