summary
Introduced
02/20/2025
02/20/2025
In Committee
02/28/2025
02/28/2025
Crossed Over
Passed
Dead
Introduced Session
2025 Regular Session
Bill Summary
An act relating to nonapproved disposable nicotine dispensing devices; providing a short title; reordering and amending s. 569.31, F.S.; defining the term “nonapproved disposable device”; amending s. 569.33, F.S.; revising which permitholders that the premises covered by the permit are subject to inspection and search by the Division of Alcoholic Beverages and Tobacco; revising the provision that, upon being granted a permit, such permitholders also consent to inspections by the Department of Law Enforcement for specified violations; requiring the division to inspect regularly the licensed premises of dealers who sell nonapproved disposable devices; amending s. 569.35, F.S.; revising penalties for violations involving the unlawful sale of nonapproved disposable devices; requiring that administrative fines for certain violations be used by the division for specified purposes; amending s. 569.37, F.S.; prohibiting a dealer who sells nonapproved disposable devices from advertising, promoting, or displaying for sale such devices in certain locations; revising applicability; providing restrictions on locations for specified dealers of nicotine products; requiring dealers to submit specified information to the division; requiring certain dealers to maintain specified records; authorizing the division to request and have access to such records; providing that failure of provide such records is a violation of this section; requiring dealers to provide specified information within a certain time period following such a request; requiring dealers to submit an application to the division for conditional use or legally recognized nonconforming use in specified circumstances; requiring dealers to relocate following approval of such applications within a specified timeframe; amending s. 569.39, F.S.; revising the division’s rulemaking authority; amending s. 569.44, F.S.; revising the information that must be included in the division’s annual report to the Legislature and the Governor; reenacting ss. 569.381(3) and (5) and 569.43(3), F.S., relating to responsible retail nicotine products dealers, qualifications, mitigation of disciplinary penalties, diligent management and supervision, and presumption; and posting of a sign stating that the sale of nicotine products or nicotine dispensing devices to persons under 21 years of age is unlawful, enforcement, and penalties, respectively, to incorporate the amendment made to s. 569.35, F.S., in references thereto; providing an effective date.
AI Summary
This bill, known as the Florida Age Gate Act, introduces comprehensive regulations for nonapproved disposable nicotine dispensing devices (single-use electronic nicotine delivery devices that haven't received FDA marketing approval). The bill establishes strict rules for dealers, including prohibitions on advertising or displaying these devices where they are visible from outside the store or to anyone under 21, and mandates regular inspections by the Division of Alcoholic Beverages and Tobacco. Dealers who sell these devices face escalating penalties for violations, starting with a $500-$1,000 fine for a first offense and potentially progressing to permit suspension or revocation for subsequent violations within 12 weeks. The bill also imposes geographical restrictions, preventing dealers who derive more than 20% of their sales from nicotine products from operating within 500 feet of schools, with requirements to submit surveys and maintain detailed sales records. Additionally, the legislation requires dealers to take corrective actions, submit applications for conditional use if they are near schools, and potentially relocate their businesses. The fines collected will be used to increase enforcement personnel, fund compliance inspections, and develop public awareness campaigns about nicotine use among individuals under 21. The act is set to take effect on July 1, 2025, giving businesses time to adapt to the new regulations.
Committee Categories
Budget and Finance
Sponsors (1)
Other Sponsors (1)
Regulated Industries (S)
Last Action
Indefinitely postponed and withdrawn from consideration (on 05/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/928 |
| BillText | https://www.flsenate.gov/Session/Bill/2025/928/BillText/c1/HTML |
| Analysis - Regulated Industries (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/928/Analyses/2025s00928.ri.PDF |
| https://www.flsenate.gov/Session/Bill/2025/928/Amendment/326832/HTML | |
| Analysis - Regulated Industries (Pre-Meeting) | https://www.flsenate.gov/Session/Bill/2025/928/Analyses/2025s00928.pre.ri.PDF |
| BillText | https://www.flsenate.gov/Session/Bill/2025/928/BillText/Filed/HTML |
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