The proposed bill, titled the "Florida Age Gate Act," aims to enhance regulations surrounding the sale and advertising of nicotine products, particularly those that have not received a marketing granted order under federal law. It mandates that the Division of Alcoholic Beverages and Tobacco conduct regular inspections of retail nicotine product dealers to ensure compliance with these regulations. Additionally, the bill stipulates that applicants for retail nicotine products dealer permits consent to these inspections. It introduces a tiered system of fines for violations related to the sale and advertising of nicotine dispensing devices, with specific penalties for repeat offenders. Notably, half of the fines collected will 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 dispensing devices, particularly for establishments that do not prohibit individuals under 21 years of age on their premises. It allows for advertising by dealers who restrict access to those under 21, while also requiring annual reporting on violations related to these provisions. The bill revises existing statutes to include these new regulations and establishes a framework for compliance audits and enforcement actions. The act is set to take effect on July 1, 2026.

Statutes affected:
H 843 Filed: 569.33, 569.35, 569.37, 569.39