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. 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 unapproved nicotine devices, particularly in areas visible to individuals under 21 years of age. It also sets forth requirements for dealers located near schools, including a prohibition on operating within 500 feet of schools if more than 20% of their sales come from nicotine products. Dealers must submit applications for conditional use if they are required to relocate due to new school openings. The bill emphasizes the importance of compliance and enforcement, directing the division to adopt rules for audits and reporting on violations annually to the Legislature and the Governor. The act is set to take effect on July 1, 2025.

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