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 stricter penalties for violations related to the sale of unapproved nicotine devices, allowing the Division of Alcoholic Beverages and Tobacco to impose administrative 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.

Furthermore, the bill establishes advertising restrictions for dealers who sell single-use nicotine dispensing devices that lack a marketing granted order. Dealers that do not prohibit individuals under 21 years of age from entering their premises face limitations on advertising and displaying these products. The legislation also requires dealers to maintain specific records and submit applications for conditional use if they are located near schools. The bill emphasizes compliance and enforcement, with the division tasked with adopting rules for audits and reporting annually on 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