The proposed bill, titled the Florida Age Gate Act, aims to regulate the sale and advertising of nicotine products, particularly single-use nicotine dispensing devices. It amends several sections of Florida Statutes, including s. 569.33, which now requires applicants for retail tobacco and nicotine products dealer permits to consent to inspections without a warrant. The bill also introduces new administrative and criminal penalties for violations related to the sale of unapproved nicotine devices, with fines ranging from $500 to $5,000 depending on the number of violations. Additionally, it mandates that a portion of these fines be allocated to the Professional Regulation Trust Fund and the Department of Law Enforcement Operating Trust Fund, and outlines specific uses for the collected fines, such as funding compliance inspections and public awareness campaigns.

Furthermore, the bill imposes restrictions on advertising and displaying nicotine products, particularly in establishments that allow individuals under 21 years of age. Dealers must maintain records of their sales and are required to relocate if they are found to be within 500 feet of schools, with a grace period for compliance. The Division of Alcoholic Beverages and Tobacco is tasked with adopting rules for enforcement and compliance audits, and an annual report will be submitted to the Legislature detailing violations and penalties. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1406 Filed: 569.33, 569.35, 569.39