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 sell or promote non-FDA-authorized devices, with fines directed to the Alcoholic Beverage and Tobacco Trust Fund.
Furthermore, the bill imposes restrictions on advertising and displaying non-FDA-authorized nicotine dispensing devices, particularly in establishments that allow individuals under 21 years of age. It outlines a tiered penalty system for violations, including administrative fines and permit suspensions, escalating for repeat offenses. The Division is tasked with reporting annually on enforcement actions taken against dealers for violations related to these devices. The act is set to take effect on July 1, 2026.
Statutes affected: S 980 Filed: 569.33, 569.35, 569.39
S 980 c1: 569.33, 569.35, 569.37, 569.39