Florida Senate - 2025 SB 1406 By Senator Collins 14-00694B-25 20251406__ 1 A bill to be entitled 2 An act relating to nicotine products; providing a 3 short title; amending s. 569.33, F.S.; providing that 4 applicants for retail tobacco products dealer permits 5 consent to inspection and search without a warrant; 6 amending s. 569.35, F.S.; authorizing the Division of 7 Alcoholic Beverages and Tobacco of the Department of 8 Business and Professional Regulation to assess 9 specified fines and certain penalties for each 10 violation involving the sale of a single-use nicotine 11 dispensing device that has not received a marketing 12 granted order under 21 U.S.C. s. 387j or advertising, 13 promoting, or displaying for sale such devices; 14 directing the deposit of specified amounts of such 15 fines into the Professional Regulation Trust Fund and 16 the Department of Law Enforcement Operating Trust 17 Fund; providing a criminal penalty; requiring that any 18 administrative fines assessed be used for specified 19 purposes; amending s. 569.37, F.S.; restricting 20 advertising, promoting, and displaying for sale 21 certain single-use nicotine dispensing devices by 22 retail nicotine products dealers in certain instances; 23 authorizing advertising, promoting, and displaying for 24 sale certain single-use nicotine dispensing devices by 25 retail nicotine products dealers in certain instances; 26 providing applicability; providing restrictions on 27 locations for specified dealers of nicotine products; 28 requiring dealers to submit specified information to 29 the division; requiring certain dealers to maintain 30 specified records; authorizing the division to request 31 and have access to such records; requiring dealers to 32 provide specified information within a certain 33 timeframe following such a request; requiring dealers 34 to submit an application to the division for 35 conditional use or legally recognized nonconforming 36 use in specified circumstances; requiring dealers to 37 relocate following approval of such applications 38 within a specified period of timeframe; prohibiting 39 dealers that are required to relocate from being 40 deemed to be in breach of contract of any lease 41 agreement; amending s. 569.39, F.S.; requiring the 42 adoption of division rules to include specified 43 guidelines and authorizations; amending s. 569.44, 44 F.S.; revising annual report requirements; providing 45 an effective date. 46 47 Be It Enacted by the Legislature of the State of Florida: 48 49 Section 1.This act may be cited as the Florida Age Gate 50 Act. 51 Section 2.Section 569.33, Florida Statutes, is amended to 52 read: 53 569.33Consent to inspection and search without warrant. 54 An applicant for a retail nicotine products dealer permit or a 55 retail tobacco products dealer permit issued under s. 569.003, 56 by accepting the permit when issued, agrees that the place or 57 premises covered by the permit is subject to inspection and 58 search without a search warrant by the division or its 59 authorized assistants, and by sheriffs, deputy sheriffs, or 60 police officers, to determine compliance with this part. 61 Section 3.Section 569.35, Florida Statutes, is amended to 62 read: 63 569.35Retail nicotine product dealers; administrative and 64 criminal penalties. 65 (1)The division may suspend or revoke the permit of a 66 dealer, including the retail tobacco products dealer permit of a 67 retail tobacco products dealer, as defined in s. 569.002(4), 68 upon sufficient cause appearing of the violation of any of the 69 provisions of this part, by a dealer, or by a dealers agent or 70 employee. 71 (2)(a)Except as provided in paragraph (b), the division 72 may also assess and accept an administrative fine of up to 73 $1,000 against a dealer for each violation. The division shall 74 deposit all fines collected pursuant to this subsection into the 75 General Revenue Fund as collected. 76 (b)For each violation involving the sale of a single-use 77 nicotine dispensing device that has not received a marketing 78 granted order under 21 U.S.C. s. 387j or involving the 79 advertising, promoting, or displaying for sale of such devices, 80 the division may impose the following penalties: 81 1.For a first violation, an administrative fine of at 82 least $500, but not more than $1,000, and an order requiring 83 corrective action to be taken within 15 days after assessment of 84 such fine to preclude a recurrence. 85 2.For a second violation that occurs within 12 weeks after 86 the first violation, an administrative fine of $1,000 and a 87 suspension of up to 30 days of the dealers retail nicotine 88 products dealer permit. 89 3.For a third or subsequent violation that occurs within 90 12 weeks after the previous violation, an administrative fine of 91 at least $2,500, but not more than $5,000, and at least a 30-day 92 suspension or revocation of the dealers nicotine products 93 dealer permit. 94 95 A second or subsequent violation that occurs more than 12 weeks 96 after the previous violation is punishable pursuant to 97 subparagraph 1. The division shall deposit one-half of all fines 98 collected under this paragraph into the Professional Regulation 99 Trust Fund, and the remaining one-half of the fines collected 100 shall be deposited into the Department of Law Enforcement 101 Operating Trust Fund. 102 (c)In addition to any administrative penalties authorized 103 under subparagraph (b)3., a dealer, or a dealers agent or 104 employee, who commits a third or subsequent violation within 12 105 weeks after the previous violation commits a misdemeanor of the 106 second degree, punishable as provided in s. 775.082 or s. 107 775.083. 108 (3)An order imposing an administrative fine becomes 109 effective 15 days after the date of the order. The division may 110 suspend the imposition of a penalty against a dealer, 111 conditioned upon the dealers compliance with terms the division 112 considers appropriate. 113 (4)The administrative fines assessed under paragraph 114 (2)(b) shall be used by the division and the Department of Law 115 Enforcement to: 116 (a)Increase enforcement personnel. 117 (b)Fund compliance inspections and investigations pursuant 118 to s. 569.33. 119 (c)Develop and implement a public awareness campaign to 120 reduce nicotine use by persons under the age of 21. 121 Section 4.Present subsections (3) and (4) of section 122 569.37, Florida Statutes, are redesignated as subsections (4) 123 and (5), respectively, subsection (6) and a new subsection (3) 124 are added to that section, and present subsection (3) is 125 amended, to read: 126 569.37Sale or delivery of nicotine products; 127 restrictions. 128 (3)(a)A dealer that does not prohibit persons under 21 129 years of age on the licensed premises and that sells a single 130 use nicotine dispensing device that has not received a marketing 131 granted order under 21 U.S.C. s. 387j may not: 132 1.Advertise, promote, or display for sale such devices. 133 2.Advertise, promote, or display for sale such devices in 134 an area that is visible to persons outside of the dealers 135 licensed premises. 136 3.Advertise, promote, or display for sale such devices on 137 the dealers licensed premises in a manner visible to persons 138 under the age of 21, including, but not limited to, placement of 139 such devices in an open display unit located in an area visible 140 to persons under the age of 21. 141 (b)A dealer that prohibits persons under 21 years of age 142 on the licensed premises, that sells a single-use nicotine 143 dispensing device that has received a marketing granted order 144 under 21 U.S.C. s. 387j, may advertise, promote, or display for 145 sale such devices in an area that is visible to persons inside 146 or outside of the dealers licensed premises. 147 (4)(3)Notwithstanding the provisions of subsections (1), 148 and (2), and (3), this section does shall not apply to an 149 establishment that prohibits persons under 21 years of age on 150 the licensed premises. 151 (6)(a)A dealer that derives more than 20 percent of its 152 gross monthly retail sales from the sale of nicotine products 153 may not be located within 500 feet of the real property that 154 comprises a public or private elementary school, middle school, 155 or secondary school. The required distance must be measured on a 156 straight line from the nearest property line of the retail shop 157 to the nearest property line of the school. 158 (b)Each dealer must submit a survey certified under 159 chapter 472, performed at least 30 days before the date of the 160 submission of the application for a permit under s. 569.32, 161 containing a legal description of the boundaries of the place or 162 premises and any existing public or private elementary school, 163 middle school, or secondary school located within 500 feet. The 164 measurement scaled by the division governs any measurement 165 disputes. 166 (c)A dealer located within 500 feet of real property that 167 comprises a public or private elementary school, middle school, 168 or secondary school must maintain records verifying the gross 169 monthly retail sales from the sale of nicotine products during 170 the previous 6 months, as well as the percentage of such sales 171 which represents the retail sales of nicotine dispensing 172 devices. The division may request and have access to such 173 records for the purpose of enforcement. Within 14 days after 174 such request, the dealer must provide a summary sales report 175 verifying its sales for the period of time requested. Failure of 176 the dealer to provide a sales report when requested by the 177 division, or failure of the dealer to adequately demonstrate 178 that the business establishment has sold less than the required 179 percentage of nicotine products and nicotine dispensing devices, 180 is a violation of this section. 181 (d)Within 90 days after the opening of a public or private 182 elementary school, middle school, or secondary school located 183 within 500 feet of an existing place of business or premises 184 that sells nicotine products or nicotine dispensing devices, as 185 determined under paragraph (a), the dealer must submit an 186 application to the division for conditional use or legally 187 recognized nonconforming use in accordance with the local 188 governments applicable land development regulations. Upon 189 approval of the division for conditional use or a legally 190 recognized nonconforming use, the dealer must relocate the 191 business or premises within 180 days to a new location in 192 compliance with this subsection. A dealer that is required to 193 relocate under this subsection may not be deemed to be in breach 194 of contract of any lease agreement. 195 (e)Within 90 days after July 1, 2025, a dealer that has a 196 place of business or premises located within 500 feet of a 197 public or private elementary school, middle school, or secondary 198 school, as determined under paragraph (a), must submit an 199 application to the division for conditional use or legally 200 recognized nonconforming use in accordance with the local 201 governments land development regulations. Upon approval of the 202 division for conditional use or a legally recognized 203 nonconforming use, the dealer must relocate the business or 204 premises within 180 days to a new location in compliance with 205 this subsection. A dealer that is required to relocate under 206 this subsection may not be deemed to be in breach of contract of 207 any lease agreement. 208 Section 5.Section 569.39, Florida Statutes, is amended to 209 read: 210 569.39Rulemaking authority.The division shall adopt rules 211 to administer and enforce this part. The rules shall include 212 guidelines for compliance audits and enforcement actions 213 pertaining to the advertising, promoting, or displaying for sale 214 single-use nicotine dispensing devices that have not received a 215 marketing granted order under 21 U.S.C. s. 387j. The rules shall 216 expressly authorize establishments that prohibit persons under 217 21 years of age on the licensed premises to sell disposable 218 nicotine dispensing devices that have not received a marketing 219 granted order under 21 U.S.C. s. 387j. 220 Section 6.Present subsections (3) and (4) of section 221 569.44, Florida Statutes, are redesignated as subsections (4) 222 and (5), respectively, and a new subsection (3) is added to that 223 section, to read: 224 569.44Annual report.The division shall report annually 225 with written findings to the Legislature and the Governor by 226 December 31 on the progress of implementing the enforcement 227 provisions of this part. This must include, but is not limited 228 to: 229 (3)The number of dealers cited for violations of s. 230 569.37(3) for advertising, promoting, or displaying for sale a 231 single-use nicotine dispensing device that has not received a 232 marketing granted order under 21 U.S.C. s. 387j, as well as the 233 penalties imposed as a result of the violation. 234 Section 7.This act shall take effect July 1, 2025.