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 product dealer permits to consent to inspections without a warrant. Additionally, s. 569.35 introduces 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. The bill also mandates that a portion of the fines collected be allocated to the Professional Regulation Trust Fund and the Department of Law Enforcement Operating Trust Fund.

Furthermore, the bill imposes restrictions on advertising and displaying nicotine products, particularly in areas visible to individuals under 21 years of age. Dealers that derive a significant portion of their sales from nicotine products must also adhere to location restrictions concerning proximity to schools. They are required to submit sales records and may need to relocate if a school opens nearby. The bill also mandates annual reporting on enforcement actions related to these regulations. The act is set to take effect on July 1, 2025.

Statutes affected:
H 1277 Filed: 569.33, 569.35, 569.39