The proposed bill, titled the Florida Age-Gate Act, aims to regulate the sale and distribution of nicotine dispensing devices, particularly those that are not authorized by the FDA. It introduces a definition for "non-FDA-authorized nicotine dispensing device" and mandates that applicants for retail nicotine products dealer permits consent to inspections by the Department of Law Enforcement. The bill also requires the Division of Alcoholic Beverages and Tobacco to conduct regular inspections of dealers selling these devices to ensure compliance with the law. Additionally, it establishes civil and criminal penalties for dealers who advertise or display non-FDA-authorized devices, with specific fines and corrective actions outlined for repeated violations.

Furthermore, the bill prohibits dealers from selling nicotine products to individuals under 21 years of age unless they have measures in place to restrict access. It also includes provisions for the advertising and promotion of nicotine products, allowing exemptions for products that have received FDA marketing authorization. The Division is tasked with adopting rules for compliance audits and enforcement actions related to these regulations, and it must report annually to the Legislature and the Governor on the implementation of these enforcement provisions. The act is set to take effect on July 1, 2026.

Statutes affected:
S 980 Filed: 569.33, 569.35, 569.39