Read the full stored bill text
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to nicotine products; providing a 2
short title; amending s. 569.33, F.S.; requiring the 3
Division of Alcoholic Beverages and Tobacco to inspect 4
on a regular basis the place or premises of certain 5
retail nicotine products dealers for a specified 6
purpose; providing that an applicant for a retail 7
nicotine products dealer permit, by accepting the 8
permit, agrees to such inspections; amending s. 9
569.35, F.S.; authorizing the division to assess 10
certain fines and penalties for violations involving 11
the sale of certain nicotine dispensing devices, or 12
the advertising, promoting, or displaying for sale 13
such devices; requiring specified amounts of the fines 14
collected by the division to de deposited in the 15
Professional Regulation Trust Fund and the Department 16
of Law Enforcement Operating Trust Fund; amending s. 17
569.37, F.S.; prohibiting dealers of certain nicotine 18
dispensing devices that do not prohibit individuals 19
under 21 years of age on the licensed premises from 20
advertising, promoting, or displaying for sale such 21
devices in a specified manner; providing 22
applicability; authorizing dealers of certain nicotine 23
dispensing devices that prohibit individuals under 21 24
years of age on the licensed premises to advertise, 25
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
promote, or display for sale such devices in a 26
specified manner; amending s. 569.39, F.S.; revising 27
the rulemaking authority of the division under the 28
Beverage Law; amending s. 569.44, F.S.; revising the 29
annual reporting requirement of the division under the 30
Beverage Law to include the number of certain 31
violations; providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. This act may be cited as the "Florida Age Gate 36
Act." 37
Section 2. Section 569.33, Florida Statutes, is amended to 38
read: 39
569.33 Consent to inspection and search without warrant.— 40
(1)(a) An applicant for a retail nicotine products dealer 41
permit, by accepting the permit when issued, agrees that the 42
place or premises covered by the permit is subject to inspection 43
and search without a search warrant by the division or its 44
authorized assistants, and by sheriffs, deputy sheriffs, or 45
police officers, to determine compliance with this part. 46
(b) The division or its authorized assistants shall 47
inspect on a regular basis the place or premises of a retail 48
nicotine products dealer who advertises, promotes, or displays 49
for sale a nicotine dispensing device that has not received a 50
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
marketing granted order under 21 U.S.C. s. 387j in order to 51
determine compliance with this part. 52
(2) An applicant for a retail nicotine products dealer 53
permit, by accepting the permit when issued, agrees that the 54
place or premises covered by the permit is subject to inspection 55
and search without a search warrant by the Department of Law 56
Enforcement for any violation involving the advertisement, 57
promotion, or display for sale of a nicotine dispensing device 58
that has not received a marketing granted order under 21 U.S.C. 59
s. 387j. 60
Section 3. Section 569.35, Florida Statutes, is amended to 61
read: 62
569.35 Retail nicotine product dealers; administrative 63
penalties.— 64
(1) The division may suspend or revoke the permit of a 65
retail nicotine products dealer, including the retail tobacco 66
products dealer permit of a retail tobacco products dealer as 67
defined in s. 569.002(4), upon sufficient cause appearing of the 68
violation of any of the provisions of this part, by a dealer, or 69
by a dealer's agent or employee. 70
(2)(a) Except as provided in paragraph (b), the division 71
may also assess and accept an administrative fine of up to 72
$1,000 against a dealer for each violation. The division shall 73
deposit all fines collected into the General Revenue Fund as 74
collected. 75
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) For each violation involving the sale of a nicotine 76
dispensing device that has not received a marketing granted 77
order under 21 U.S.C. s. 387j, or the advertising, promoting, or 78
displaying for sale such a device, the division may: 79
1. For a first violation, assess and accept an 80
administrative fine in an amount not less than $500, but no more 81
than $1,000, and shall order a dealer to take corrective action 82
within 15 days after notice of the violation. 83
2. For a second violation, assess and accept an 84
administrative fine in an amount not less than $1,000, but no 85
more than $2,500, and shall suspend the dealer's permit for not 86
more than 3 days. 87
3. For a third violation, assess and accept an 88
administrative fine in an amount not less than $2,500, but no 89
more than $5,000, and shall suspend the dealer's permit for not 90
more than 30 days. 91
4. For a fourth violation, assess and accept an 92
administrative fine in an amount not less than $5,000, and shall 93
suspend the dealer's permit for not more than 90 days. 94
5. For a fifth or subsequent violation, revoke the 95
dealer's permit. 96
97
One-half of the fines collected under this paragraph shall be 98
deposited in the Professional Regulation Trust Fund, and the 99
other half to the Department of Law Enforcement Operating Trust 100
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Fund. 101
(3) An order imposing an administrative fine becomes 102
effective 15 days after the date of the order. The division may 103
suspend the imposition of a penalty against a dealer, 104
conditioned upon the dealer's compliance with terms the division 105
considers appropriate. 106
Section 4. Section 569.37, Florida Statutes, is amended to 107
read: 108
569.37 Sale or delivery of nicotine products; 109
restrictions.— 110
(1) In order to prevent persons under 21 years of age from 111
purchasing or receiving nicotine products, the sale or delivery 112
of nicotine products is prohibited, except: 113
(a) When under the direct control or line of sight of the 114
dealer or the dealer's agent or employee; or 115
(b) Sales from a vending machine are prohibited under 116
paragraph (a) and are only permissible from a machine that is 117
equipped with an operational lockout device that is under the 118
control of the dealer or the dealer's agent or employee who 119
directly regulates the sale of items through the machine by 120
triggering the lockout device to allow the dispensing of one 121
nicotine product. The lockout device must include a mechanism to 122
prevent the machine from functioning if the power source for the 123
lockout device fails or if the lockout device is disabled and a 124
mechanism to ensure that only one nicotine product is dispensed 125
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
at a time. 126
(2)(a) A dealer that sells nicotine products may not sell, 127
permit to be sold, offer for sale, or display for sale such 128
products or devices by means of self-service merchandising. 129
(b) A dealer that sells nicotine products may not place 130
such products or devices in an open display unit unless the unit 131
is located in an area that is inaccessible to customers. 132
(3)(a)1. A dealer that sells a nicotine dispensing device 133
that has not received a marketing granted order under 21 U.S.C. 134
s. 387j, and that does not prohibit individuals under 21 years 135
of age on the licensed premises, may not: 136
a. Advertise, promote, or display for sale such device. 137
b. Advertise, promote, or display for sale such device in 138
an area visible to any person outside the licensed premises. 139
c. Advertise, promote, or display for sale such device 140
inside the licensed premises in a manner visible to persons 141
under 21 years of age, including, but not limited to, the 142
placement of such a device in an open display unit visible to 143
persons under 21 years of age. 144
2. Subparagraph 1. does not apply to a nicotine dispensing 145
device that has received a marketing granted order under 21 146
U.S.C. s. 387j, including: 147
a. Each stock keeping unit marketed by the manufacturer of 148
such a device under the same brand family; and 149
b. A closed-system, replacement cartridge device designed 150
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exclusively for use with a proprietary, reusable, and 151
rechargeable device that has received a marketing granted order 152
under 21 U.S.C. s. 387j, provided a dealer sells such device, or 153
advertises, promotes, or displays for sale such device, in 154
compliance with this section. 155
(b) A dealer that sells a nicotine dispensing device that 156
has received a marketing granted order under 21 U.S.C. s. 387j, 157
and that prohibits persons under 21 years of age on the licensed 158
premises, may advertise, promote, or display for sale such 159
device in areas visible to any person inside or outside the 160
licensed premises. 161
(4)(3) Notwithstanding subsections (1)–(3), this section 162
does The provisions of subsections (1) and (2) shall not apply 163
to an establishment that prohibits persons under 21 years of age 164
on the licensed premises. 165
(5)(4) A dealer or a dealer's agent or employee must 166
require proof of age of a purchaser of a nicotine product before 167
selling the product to that person, unless the purchaser appears 168
to be 30 years of age or older. 169
Section 5. Section 569.39, Florida Statutes, is amended to 170
read: 171
569.39 Rulemaking authority.—The division shall adopt 172
rules to administer and enforce this part. Such rules must 173
include guidelines for compliance audits and enforcement actions 174
relating to advertising, promoting, or displaying for sale 175
HB 843 2026
CODING: Words stricken are deletions; words underlined are additions.
hb843-00
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
nicotine dispensing devices that have not received a marketing 176
granted order under 21 U.S.C. s. 387j, and shall expressly 177
authorize establishments that prohibit persons under 21 years of 178
age on the licensed premises to sell single-use nicotine 179
dispensing devices that have not received a marketing granted 180
order under 21 U.S.C. s. 387j, consistent with s. 569.37. 181
Section 6. Subsections (3) and (4) of section 569.44, 182
Florida Statutes, are renumbered as subsections (4) and (5), 183
respectively, and a new subsection (3) is added to that section, 184
to read: 185
569.44 Annual report.—The division shall report annually 186
with written findings to the Legislature and the Governor by 187
December 31 on the progress of implementing the enforcement 188
provisions of this part. This must include, but is not limited 189
to: 190
(3) The number of violations of s. 569.37(3) for 191
advertising, promoting, or displaying for sale a nicotine 192
dispensing device that has not received a marketing granted 193
order under 21 U.S.C. s. 387j, and any penalties imposed 194
pursuant to s. 569.35(2). 195
Section 7. This act shall take effect July 1, 2026. 196