summary
Introduced
12/19/2025
12/19/2025
In Committee
01/07/2026
01/07/2026
Crossed Over
Passed
Dead
Introduced Session
2026 Regular Session
Bill Summary
An act relating to nicotine dispensing devices; creating a short title; reordering and amending s. 569.31, F.S.; defining the term “non-FDA-authorized nicotine dispensing device”; amending s. 569.33, F.S.; requiring an applicant for a retail nicotine products dealer permit to consent to inspections and searches of the licensed premises by the Department of Law Enforcement for specified purposes; requiring the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation to conduct regular inspections of licensed premises of dealers that sell non-FDA-authorized nicotine dispensing devices to ensure compliance; amending s. 569.35, F.S.; providing civil and criminal penalties for retail tobacco products dealers that sell or advertise, promote, or display for sale non-FDA authorized nicotine dispensing devices; requiring the division to deposit all fines collected into the Alcoholic Beverage and Tobacco Trust Fund; requiring the division and the Department of Law Enforcement to use the administrative fines assessed for specified purposes; conforming a cross-reference; amending s. 569.37, F.S.; prohibiting certain dealers that sell non-FDA-authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises; providing applicability; conforming cross-references; amending s. 569.39, F.S.; revising the rules to be adopted by the division; amending s. 569.44, F.S.; revising the requirements of the division’s annual report to the Legislature and the Governor; providing an effective date.
AI Summary
This bill, titled the "Florida Age-Gate Act," aims to regulate nicotine dispensing devices, particularly those not authorized by the U.S. Food and Drug Administration (FDA). It defines a "non-FDA-authorized nicotine dispensing device" as any such device, including disposable or cartridge-based ones, that hasn't received marketing approval from the FDA. The bill requires retailers applying for a nicotine products dealer permit to consent to inspections by the Department of Law Enforcement (FDLE) and mandates that the Division of Alcoholic Beverages and Tobacco (DABT) conduct regular inspections of dealers selling these unauthorized devices. It establishes civil and criminal penalties for dealers who sell or improperly advertise, promote, or display non-FDA-authorized nicotine dispensing devices, with fines collected to fund increased enforcement, compliance efforts, and public awareness campaigns. Furthermore, dealers selling these unauthorized devices are prohibited from advertising or displaying them if they allow individuals under 21 years old on their premises, though exceptions exist for devices with FDA authorization and for establishments that strictly prohibit those under 21. The bill also revises the DABT's rulemaking authority to include guidelines for enforcing these new regulations and updates the annual report requirements to include data on violations related to unauthorized nicotine dispensing devices.
Committee Categories
Budget and Finance
Sponsors (1)
Other Sponsors (1)
Regulated Industries (Senate)
Last Action
CS by Regulated Industries read 1st time (on 01/29/2026)
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/2026/980 |
| BillText | https://www.flsenate.gov/Session/Bill/2026/980/BillText/c1/HTML |
| Analysis - Regulated Industries (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2026/980/Analyses/2026s00980.ri.PDF |
| Analysis - Regulated Industries (Pre-Meeting) | https://www.flsenate.gov/Session/Bill/2026/980/Analyses/2026s00980.pre.ri.PDF |
| https://www.flsenate.gov/Session/Bill/2026/980/Amendment/381784/HTML | |
| BillText | https://www.flsenate.gov/Session/Bill/2026/980/BillText/Filed/HTML |
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