Nicotine Dispensing Devices

Florida Senate
-
2026

CS for SB 980

By
the Committee on Regulated Industries; and Senator Calatayud

580-02247A-26 2026980c1
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 sell or
17 advertise, promote, or display for sale non-FDA
18 authorized nicotine dispensing devices; requiring the
19 division to deposit all fines collected into the
20 Alcoholic Beverage and Tobacco Trust Fund; requiring
21 the division and the Department of Law Enforcement to
22 use the administrative fines assessed for specified
23 purposes; conforming a cross-reference; amending s.
24 569.37, F.S.; prohibiting certain dealers that sell
25 non-FDA-authorized nicotine dispensing devices from
26 advertising, promoting, or displaying such devices if
27 such dealers do not prohibit persons younger than 21
28 years of age on the licensed premises; providing
29 applicability; conforming cross-references; amending
30 s. 569.39, F.S.; revising the rules to be adopted by
31 the division; amending s. 569.44, F.S.; revising the
32 requirements of the division’s annual report to the
33 Legislature and the Governor; providing an effective
34 date.
35
36 Be It Enacted by the Legislature of the State of Florida:
37
38 Section 1.
This act may be cited as the “Florida Age-Gate

39
Act.”

40 Section 2. Section 569.31, Florida Statutes, is reordered
41 and amended to read:
42 569.31 Definitions.—As used in this part, the term:
43
(2)
(1)
“Dealer” is synonymous with the term “retail
44 nicotine products dealer.”
45
(3)
(2)
“Division” means the Division of Alcoholic Beverages
46 and Tobacco of the Department of Business and Professional
47 Regulation.
48
(4)
(3)
“FDA” means the United States Food and Drug
49 Administration.
50
(5)
(4)
“Nicotine dispensing device” means any product that
51 employs an electronic, chemical, or mechanical means to produce
52 vapor or aerosol from a nicotine product, including, but not
53 limited to, an electronic cigarette, electronic cigar,
54 electronic cigarillo, electronic pipe, or other similar device
55 or product, any replacement cartridge for such device, and any
56 other container of nicotine in a solution or other form intended
57 to be used with or within an electronic cigarette, electronic
58 cigar, electronic cigarillo, electronic pipe, or other similar
59 device or product. For purposes of this definition, each
60 individual stock keeping unit is considered a separate nicotine
61 dispensing device.
62
(6)
(5)
“Nicotine product” means any product that contains
63 nicotine, including liquid nicotine, which is intended for human
64 consumption, whether inhaled, chewed, absorbed, dissolved, or
65 ingested by any means. The term also includes any nicotine
66 dispensing device. The term does not include a:
67 (a) Tobacco product, as defined in s. 569.002;
68 (b) Product regulated as a drug or device by the United
69 States Food and Drug Administration under Chapter V of the
70 Federal Food, Drug, and Cosmetic Act; or
71 (c) Product that contains incidental nicotine.
72
(7)
(6)
“Nicotine products manufacturer” means any person or
73 entity that manufactures nicotine products.
74
(8) “Non-FDA-authorized nicotine dispensing device” means

75
any nicotine dispensing device, including any single-use device,

76
nonrefillable closed system cartridge device, or disposable

77
device, which has not received a marketing authorization order

78
under 21 U.S.C. s. 387j from the United States Food and Drug

79
Administration.

80
(9)
(7)
“Permit” is synonymous with the term “retail
81 nicotine products dealer permit.”
82
(10)
(8)
“Retail nicotine products dealer” means the holder
83 of a retail nicotine products dealer permit.
84
(11)
(9)
“Retail nicotine products dealer permit” means a
85 permit issued by the division under s. 569.32.
86
(12)
(10)
“Self-service merchandising” means the open
87 display of nicotine products, whether packaged or otherwise, for
88 direct retail customer access and handling before purchase
89 without the intervention or assistance of the dealer or the
90 dealer’s owner, employee, or agent. An open display of such
91 products and devices includes the use of an open display unit.
92
(13)
(11)
“Sell” or “sale” means, in addition to its common
93 usage meaning, any sale, transfer, exchange, barter, gift, or
94 offer for sale and distribution, in any manner or by any means.
95
(1)
(12)
“Any person under the age of 21” does not include
96 any person under the age of 21 who:
97 (a) Is in the military reserve or on active duty in the
98 Armed Forces of the United States; or
99 (b) Is acting
within the scope of

in
his or her
scope of

100 lawful employment.
101 Section 3. Section 569.33, Florida Statutes, is amended to
102 read:
103 569.33 Consent to inspection and search without warrant.—
104
(1)
An applicant for a retail nicotine products dealer
105 permit, by accepting the permit when issued, agrees that the
106 place or premises covered by the permit is subject to inspection
107 and search without a search warrant by the division or its
108 authorized assistants, and by sheriffs, deputy sheriffs, or
109 police officers, to determine compliance with this part.
110
(2) In addition to subsection (1), an applicant consents to

111
inspection and search without a search warrant of the licensed

112
premises by the Department of Law Enforcement for violations

113
involving the unlawful sale, advertising, promotion, or display

114
for sale of non-FDA-authorized nicotine dispensing devices as

115
defined
in s. 569.31.

116
(3) The division shall conduct regular inspections of the

117
licensed premises of dealers
that
sell non-FDA-authorized

118
nicotine dispensing devices to ensure compliance with this
part
.

119 Section 4. Section 569.35, Florida Statutes, is amended to
120 read:
121 569.35 Retail nicotine product dealers; administrative
122 penalties.—
123
(1)
The division may suspend or revoke the permit of a
124 dealer, including the retail tobacco products dealer permit of a
125 retail tobacco products dealer as defined in
s. 569.002

s.

126
569.002(4)
, upon sufficient cause appearing of the violation of
127 any of the provisions of this part, by a dealer, or by a
128 dealer’s agent or employee.
129
(2)(
a)

Except as provided in paragraph (b),
the division
130 may also assess and accept an administrative fine of up to
131 $1,000 against a dealer for each violation.
Except as provided

132
in paragraph (b),
the division shall deposit all fines collected
133 into the General Revenue Fund as collected.
134
(b)

For each viola
tion of s. 569.37(3) in
volving the sale

135
of a non-FDA-authorized nicotine dispensing device, or the

136
advertising, promoting, or displaying for sale of such device,

137
the division may impose the following penalties:

138
1.

For a f
irst violation
, an administrative fine not to

139
exceed $1,000 but not less than $500, a 7-day suspension of the

140
dealer’s
permit, and an order requiring corrective action within

141
15 days.

142
2.

For a second
violation
within 36 months after the first

143
violation, an administrative fine not to exceed $5,000 but not

144
less than $2,500, a 14-day suspension of the
dealer’s
permit,

145
and an order requiring corrective action within 3 days.

146
3.

For a third violation
within 36 months
after
the first

147
violation
, an administrative fine not to exceed $20,000, but not

148
less than $5,000, and revocation of the dealer’s permit.

149
(
3
)
A
dealer, or a dealer’s agent or employee, who commits

150
a third or subsequent violation
of s. 569.37(3)
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 shall deposit all fines collected under

159
paragraph (2)(b) into th
e Alcoholic Beverage and Tobacco Trust

160
Fund.
The division and the Department of Law Enforcement shall

161
use the a
dministrative fines assessed
pursuant to

subsection
(2)

162
to:

163
(a)
I
ncrease enforcement personnel;

164
(b)
F
und compliance inspections and investigations; and

165
(c)
D
evelop and implement public awareness campaigns to

166
reduce nicotine use by persons
younger than
21
years of age
.

167 Section 5. Section 569.37, Florida Statutes, is amended to
168 read:
169 569.37 Sale or delivery of nicotine products; restrictions
;

170
exemptions
.—
171 (1) In order to prevent persons
younger than

under
21 years
172 of age from purchasing or receiving nicotine products, the sale
173 or delivery of nicotine products is prohibited, except:
174 (a) When under the direct control or line of sight of the
175 dealer or the dealer’s agent or employee; or
176 (b) Sales from a vending machine are prohibited under
177 paragraph (a) and are only permissible from a machine that is
178 equipped with an operational lockout device that is under the
179 control of the dealer or the dealer’s agent or employee who
180 directly regulates the sale of items through the machine by
181 triggering the lockout device to allow the dispensing of one
182 nicotine product. The lockout device must include a mechanism to
183 prevent the machine from functioning if the power source for the
184 lockout device fails or if the lockout device is disabled and a
185 mechanism to ensure that only one nicotine product is dispensed
186 at a time.
187 (2)(a) A dealer that sells nicotine products may not sell,
188 permit to be sold, offer for sale, or display for sale such
189 products or devices by means of self-service merchandising.
190 (b) A dealer that sells nicotine products may not place
191 such products or devices in an open display unit unless the unit
192 is located in an area that is inaccessible to customers.
193
(3)(a) A dealer that
allows
persons younger than 21 years

194
of age on the licensed premises, and that sells a non-FDA

195
authorized nicotine dispensing device, may not
advertise,

196
promote, or display for sale such device in a manner that is

197
visible to
:

198
1
.

Any person
outside the licensed premises; or

199
2
.

Any person
younger than 21 years of age
who is inside

200
the licensed premises
, including any open display
unit
.

201
(b)

A dealer that prohibits persons younger than 21 years

202
of age on the licensed premises, and that sells a nicotine

203
dispensing device that has received a
marketing authorization

204
o
rder under
21 U.S.C. s. 387j, may advertise, promote, or

205
display for sale such device in areas visible inside or outside

206
the licensed premises.

207
(c)

Paragraph
(a)
does not apply to a nicotine dispensing

208
device that has received an
FDA
marketing authorization order

209
issued under 21 U.S.C. s. 387j
, sold in compliance with this

210
section, including
:

211
1.
Each stock-keeping unit marketed by the manufacturer

212
within the same brand family

as the authorized product; and

213
2.
Closed-system
, replaceable-cartridge devices designed

214
exclusively for use with a proprietary,
reusable,
rechargeable

215
device for which a
marketing authorization order
has been

216
granted.

217
(
5
)
(3)

The provisions of
Subsections (1) and (2)
do not

218
shall not
apply to an establishment that prohibits persons
219
younger than

under
21 years of age on the licensed premises.
220 (4) A dealer or a dealer’s agent or employee
shall

must

221 require proof of age of a purchaser of a nicotine product before
222 selling the product to that person, unless the purchaser appears
223 to be 30 years of age or older.
224 Section 6. Section 569.39, Florida Statutes, is amended to
225 read:
226 569.39 Rulemaking authority.—The division shall adopt rules
227 to administer and enforce this part.
The rules must include

228
guidelines for compliance audits and enforcement actions

229
pertaining to
the
advertising, promoting, or displaying for sale

230
of any
non-FDA-authorized nicotine dispensing devices and
must

231
expressly authorize establishments that prohibit persons
younger

232
than
21 years of age on the licensed premises to sell single-use

233
nicotine dispensing devices that have not received a
marketing

234
authorization order issued
under 21 U.S.C. s. 387j, consistent

235
with s. 569.37(
3
).

236 Section 7. Present subsection (3) of section 569.44,
237 Florida Statutes, is redesignated as subsection (4) and amended,
238 and a new subsection (3) is added to that section, to read:
239 569.44 Annual report.—The division shall report annually
240 with written findings to the Legislature and the Governor by
241 December 31 on the progress of implementing the enforcement
242 provisions of this part. This must include, but is not limited
243 to:
244
(3)
The number of dealers cited for violations of s.

245
569.37(3) for advertising, promoting, or displaying for sale a

246
non-FDA-authorized nicotine dispensing device, and the penalties

247
imposed.

248
(4)
(3)
The number of violations for selling nicotine
249 products to persons
younger than

under age
21
years
of age
and
250 the results of administrative hearings on the above and related
251 issues.
252 Section 8. This act shall take effect July 1, 2026.