Florida Senate - 2026 SB 980
By Senator Calatayud
38-00602-26 2026980__
1 A bill to be entitled
2 An act relating to nicotine dispensing devices;
3 creating a short title; reordering and amending s.
4 569.31, F.S.; defining the term “non-FDA-authorized
5 nicotine dispensing device”; amending s. 569.33, F.S.;
6 requiring an applicant for a retail nicotine products
7 dealer permit to consent to inspections and searches
8 of the licensed premises by the Department of Law
9 Enforcement for specified purposes; requiring the
10 Division of Alcoholic Beverages and Tobacco of the
11 Department of Business and Professional Regulation to
12 conduct regular inspections of licensed premises of
13 dealers that sell non-FDA-authorized nicotine
14 dispensing devices to ensure compliance; amending s.
15 569.35, F.S.; providing civil and criminal penalties
16 for retail tobacco products dealers that advertise,
17 promote, or display for sale non-FDA-authorized
18 nicotine dispensing devices; requiring the department
19 and the division to use the administrative fines
20 assessed for specified purposes; conforming a cross
21 reference; reordering and amending s. 569.37, F.S.;
22 prohibiting certain dealers that sell non-FDA
23 authorized nicotine dispensing devices from
24 advertising, promoting, or displaying such devices if
25 such dealers do not prohibit persons younger than 21
26 years of age on the licensed premises; providing
27 exemptions; conforming cross-references; amending s.
28 569.39, F.S.; revising the rules to be adopted by the
29 division; amending s. 569.44, F.S.; revising the
30 requirements of the division’s annual report to the
31 Legislature and the Governor; providing an effective
32 date.
33
34 Be It Enacted by the Legislature of the State of Florida:
35
36 Section 1. This act may be cited as the “Florida Age-Gate
37 Act.”
38 Section 2. Section 569.31, Florida Statutes, is reordered
39 and amended to read:
40 569.31 Definitions.—As used in this part, the term:
41 (2)(1) “Dealer” is synonymous with the term “retail
42 nicotine products dealer.”
43 (3)(2) “Division” means the Division of Alcoholic Beverages
44 and Tobacco of the Department of Business and Professional
45 Regulation.
46 (4)(3) “FDA” means the United States Food and Drug
47 Administration.
48 (5)(4) “Nicotine dispensing device” means any product that
49 employs an electronic, chemical, or mechanical means to produce
50 vapor or aerosol from a nicotine product, including, but not
51 limited to, an electronic cigarette, electronic cigar,
52 electronic cigarillo, electronic pipe, or other similar device
53 or product, any replacement cartridge for such device, and any
54 other container of nicotine in a solution or other form intended
55 to be used with or within an electronic cigarette, electronic
56 cigar, electronic cigarillo, electronic pipe, or other similar
57 device or product. For purposes of this definition, each
58 individual stock keeping unit is considered a separate nicotine
59 dispensing device.
60 (6)(5) “Nicotine product” means any product that contains
61 nicotine, including liquid nicotine, which is intended for human
62 consumption, whether inhaled, chewed, absorbed, dissolved, or
63 ingested by any means. The term also includes any nicotine
64 dispensing device. The term does not include a:
65 (a) Tobacco product, as defined in s. 569.002;
66 (b) Product regulated as a drug or device by the United
67 States Food and Drug Administration under Chapter V of the
68 Federal Food, Drug, and Cosmetic Act; or
69 (c) Product that contains incidental nicotine.
70 (7)(6) “Nicotine products manufacturer” means any person or
71 entity that manufactures nicotine products.
72 (8) “Non-FDA-authorized nicotine dispensing device” means
73 any nicotine dispensing device, including any single-use device,
74 nonrefillable closed system cartridge device, or disposable
75 device, which has not received a marketing authorization order
76 under 21 U.S.C. s. 387j from the Food and Drug Administration.
77 (9)(7) “Permit” is synonymous with the term “retail
78 nicotine products dealer permit.”
79 (10)(8) “Retail nicotine products dealer” means the holder
80 of a retail nicotine products dealer permit.
81 (11)(9) “Retail nicotine products dealer permit” means a
82 permit issued by the division under s. 569.32.
83 (12)(10) “Self-service merchandising” means the open
84 display of nicotine products, whether packaged or otherwise, for
85 direct retail customer access and handling before purchase
86 without the intervention or assistance of the dealer or the
87 dealer’s owner, employee, or agent. An open display of such
88 products and devices includes the use of an open display unit.
89 (13)(11) “Sell” or “sale” means, in addition to its common
90 usage meaning, any sale, transfer, exchange, barter, gift, or
91 offer for sale and distribution, in any manner or by any means.
92 (1)(12) “Any person under the age of 21” does not include
93 any person under the age of 21 who:
94 (a) Is in the military reserve or on active duty in the
95 Armed Forces of the United States; or
96 (b) Is acting within the scope of in his or her scope of
97 lawful employment.
98 Section 3. Section 569.33, Florida Statutes, is amended to
99 read:
100 569.33 Consent to inspection and search without warrant.—
101 (1) An applicant for a retail nicotine products dealer
102 permit, by accepting the permit when issued, agrees that the
103 place or premises covered by the permit is subject to inspection
104 and search without a search warrant by the division or its
105 authorized assistants, and by sheriffs, deputy sheriffs, or
106 police officers, to determine compliance with this part.
107 (2) In addition to subsection (1), an applicant consents to
108 inspection and search without a search warrant of the licensed
109 premises by the Department of Law Enforcement for violations
110 involving the unlawful sale, advertising, promotion, or display
111 for sale of non-FDA-authorized nicotine dispensing devices as
112 defined in s. 569.31.
113 (3) The division shall conduct regular inspections of the
114 licensed premises of dealers that sell non-FDA-authorized
115 nicotine dispensing devices to ensure compliance with this part.
116 Section 4. Section 569.35, Florida Statutes, is amended to
117 read:
118 569.35 Retail nicotine product dealers; administrative
119 penalties.—
120 (1) The division may suspend or revoke the permit of a
121 dealer, including the retail tobacco products dealer permit of a
122 retail tobacco products dealer as defined in s. 569.002 s.
123 569.002(4), upon sufficient cause appearing of the violation of
124 any of the provisions of this part, by a dealer, or by a
125 dealer’s agent or employee.
126 (2)(a) The division may also assess and accept an
127 administrative fine of up to $1,000 against a dealer for each
128 violation. The division shall deposit all fines collected into
129 the General Revenue Fund as collected.
130 (b) For each violation involving the sale of a non-FDA
131 authorized nicotine dispensing device, or the advertising,
132 promoting, or displaying for sale of such device, the division
133 may impose the following penalties:
134 1. For a first violation, an administrative fine between
135 $500 to $1,000 and an order requiring corrective action within
136 15 days.
137 2. For a second violation, an administrative fine between
138 $1,000 to $2,500 and an order requiring corrective action within
139 3 days.
140 3. For a third violation, an administrative fine between
141 $2,500 to $5,000 and suspension of the dealer’s permit for 30
142 days.
143 4. For a fourth violation, an administrative fine of no
144 less than $5,000 and suspension of the dealer’s permit for 90
145 days.
146 5. For a fifth or subsequent violation, revocation of the
147 dealer’s permit.
148 (3) In addition to any administrative penalties under
149 subparagraph (b)3., a dealer, or a dealer’s agent or employee,
150 who commits a third or subsequent violation within 12 weeks
151 after the first violation commits a misdemeanor of the second
152 degree, punishable as provided in s. 775.082 or s. 775.083.
153 (4) An order imposing an administrative fine becomes
154 effective 15 days after the date of the order. The division may
155 suspend the imposition of a penalty against a dealer,
156 conditioned upon the dealer’s compliance with terms the division
157 considers appropriate.
158 (5) The division and the Department of Law Enforcement
159 shall use the administrative fines assessed pursuant to
160 subsection (2) to:
161 (a) Increase enforcement personnel;
162 (b) Fund compliance inspections and investigations; and
163 (c) Develop and implement public awareness campaigns to
164 reduce nicotine use by persons younger than 21 years of age.
165 Section 5. Section 569.37, Florida Statutes, is reordered
166 and amended to read:
167 569.37 Sale or delivery of nicotine products; restrictions;
168 exemptions.—
169 (1) In order to prevent persons younger than under 21 years
170 of age from purchasing or receiving nicotine products, the sale
171 or delivery of nicotine products is prohibited, except:
172 (a) When under the direct control or line of sight of the
173 dealer or the dealer’s agent or employee; or
174 (b) Sales from a vending machine are prohibited under
175 paragraph (a) and are only permissible from a machine that is
176 equipped with an operational lockout device that is under the
177 control of the dealer or the dealer’s agent or employee who
178 directly regulates the sale of items through the machine by
179 triggering the lockout device to allow the dispensing of one
180 nicotine product. The lockout device must include a mechanism to
181 prevent the machine from functioning if the power source for the
182 lockout device fails or if the lockout device is disabled and a
183 mechanism to ensure that only one nicotine product is dispensed
184 at a time.
185 (2)(a) A dealer that sells nicotine products may not sell,
186 permit to be sold, offer for sale, or display for sale such
187 products or devices by means of self-service merchandising.
188 (b) A dealer that sells nicotine products may not place
189 such products or devices in an open display unit unless the unit
190 is located in an area that is inaccessible to customers.
191 (6)(3) The provisions of Subsections (1), (2), and (3) do
192 not (2) shall not apply to an establishment that prohibits
193 persons younger than under 21 years of age on the licensed
194 premises.
195 (4) A dealer or a dealer’s agent or employee shall must
196 require proof of age of a purchaser of a nicotine product before
197 selling the product to that person, unless the purchaser appears
198 to be 30 years of age or older.
199 (5)(a) Notwithstanding this part, products manufactured by
200 a company that has received at least one marketing authorization
201 order under 21 U.S.C. s. 387j are not restricted under this
202 section, provided such products are sold exclusively in
203 compliance with the related age restrictions of this state.
204 (b) For purposes of this section, the exemption extends to
205 all:
206 1. Stock-keeping units marketed by such manufacturer under
207 the same brand family as the authorized product; and
208 2. Closed-system, replaceable-cartridge devices designed
209 exclusively for use with a proprietary, reusable, rechargeable
210 device for which a marketing authorization order has been
211 granted.
212 (3)(a) A dealer that allows persons younger than 21 years
213 of age on the licensed premises, and that sells a non-FDA
214 authorized nicotine dispensing device, may not advertise,
215 promote, or display for sale such devices in a manner that is
216 visible to:
217 1. Any person outside the licensed premises; or
218 2. Any person younger than 21 years of age who is inside
219 the licensed premises, including any open display unit.
220 (b) A dealer that prohibits persons younger than 21 years
221 of age on the licensed premises, and that sells a nicotine
222 dispensing device that has received a marketing authorization
223 order under 21 U.S.C. s. 387j, may advertise, promote, or
224 display for sale such devices in areas visible inside or outside
225 the licensed premises.
226 (c) Notwithstanding paragraph (a), products manufactured by
227 a company with at least one FDA marketing authorization order
228 issued under 21 U.S.C. s. 387j are not restricted under this
229 subsection, provided such products are sold exclusively in
230 compliance with state age restrictions requirements. For
231 purposes of this paragraph, the exemption also applies to all:
232 1. Stock-keeping units within the same brand family as the
233 authorized product; and
234 2. Closed-system, replaceable-cartridge devices designed
235 exclusively for use with a proprietary, reusable, rechargeable
236 device for which a marketing authorization order has been
237 granted.
238 Section 6. Section 569.39, Florida Statutes, is amended to
239 read:
240 569.39 Rulemaking authority.—The division shall adopt rules
241 to administer and enforce this part. The rules must include
242 guidelines for compliance audits and enforcement actions
243 pertaining to the advertising, promoting, or displaying for sale
244 of any non-FDA-authorized nicotine dispensing devices and must
245 expressly authorize establishments that prohibit persons younger
246 than 21 years of age on the licensed premises to sell single-use
247 nicotine dispensing devices that have not received a marketing
248 authorization order issued under 21 U.S.C. s. 387j, consistent
249 with s. 569.37(5).
250 Section 7. Present subsection (3) of section 569.44,
251 Florida Statutes, is redesignated as subsection (4) and amended,
252 and a new subsection (3) is added to that section, to read:
253 569.44 Annual report.—The division shall report annually
254 with written findings to the Legislature and the Governor by
255 December 31 on the progress of implementing the enforcement
256 provisions of this part. This must include, but is not limited
257 to:
258 (3) The number of dealers cited for violations of s.
259 569.37(3) for advertising, promoting, or displaying for sale a
260 non-FDA-authorized nicotine dispensing device, and the penalties
261 imposed.
262 (4)(3) The number of violations for selling nicotine
263 products to persons younger than under age 21 years of age and
264 the results of administrative hearings on the above and related
265 issues.
266 Section 8. This act shall take effect July 1, 2026.