Florida Senate - 2026 SB 980 By Senator Calatayud 38-00602-26 2026980__ Page 1 of 10 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to nicotine dispensing devices; 2 creating a

short title; reordering and amending s. 3 569.31, F.S.; defining the term “non-FDA-authorized 4 nicotine dispensing device”; amending s. 569.33, F.S.; 5 requiring an applicant for a retail nicotine products 6 dealer permit to consent to inspections and searches 7 of the licensed premises by the Department of Law 8 Enforcement for specified purposes; requiring the 9 Division of Alcoholic Beverages and Tobacco of the 10 Department of Business and Professional Regulation to 11 conduct regular inspections of licensed premises of 12 dealers that sell non-FDA-authorized nicotine 13 dispensing devices to ensure compliance; amending s. 14 569.35, F.S.; providing civil and criminal penalties 15 for retail tobacco products dealers that advertise, 16 promote, or display for sale non-FDA-authorized 17 nicotine dispensing devices; requiring the department 18 and the division to use the administrative fines 19 assessed for specified purposes; conforming a cross-20 reference; reordering and amending s. 569.37, F.S.; 21 prohibiting certain dealers that sell non-FDA-22 authorized nicotine dispensing devices from 23 advertising, promoting, or displaying such devices if 24 such dealers do not prohibit persons younger than 21 25 years of age on the licensed premises; providing 26 exemptions; conforming cross-references; amending s. 27 569.39, F.S.; revising the rules to be adopted by the 28 division; amending s. 569.44, F.S.; revising the 29

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 2 of 10 CODING: Words stricken are deletions; words underlined are additions. requirements of the division’s annual report to the 30 Legislature and the Governor; providing an effective 31 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

Section 569.31, Florida Statutes, is reordered 38 and amended to read: 39 569.31

Definitions.—As used in this part, the term: 40 (2)(1) “Dealer” is synonymous with the term “retail 41 nicotine products dealer.” 42 (3)(2) “Division” means the Division of Alcoholic Beverages 43 and Tobacco of the Department of Business and Professional 44 Regulation. 45 (4)(3) “FDA” means the United States Food and Drug 46 Administration. 47 (5)(4) “Nicotine dispensing device” means any product that 48 employs an electronic, chemical, or mechanical means to produce 49 vapor or aerosol from a nicotine product, including, but not 50 limited to, an electronic cigarette, electronic cigar, 51 electronic cigarillo, electronic pipe, or other similar device 52 or product, any replacement cartridge for such device, and any 53 other container of nicotine in a solution or other form intended 54 to be used with or within an electronic cigarette, electronic 55 cigar, electronic cigarillo, electronic pipe, or other similar 56 device or product.

For purposes of this definition, each 57 individual stock keeping unit is considered a separate nicotine 58

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 3 of 10 CODING: Words stricken are deletions; words underlined are additions. dispensing device. 59 (6)(5) “Nicotine product” means any product that contains 60 nicotine, including liquid nicotine, which is intended for human 61 consumption, whether inhaled, chewed, absorbed, dissolved, or 62 ingested by any means. The term also includes any nicotine 63 dispensing device. The term does not include a: 64 (

a) Tobacco product, as defined in s. 569.002; 65 (

b) Product regulated as a drug or device by the United 66 States Food and Drug Administration under

Chapter V of the 67 Federal Food, Drug, and Cosmetic Act; or 68 (

c) Product that contains incidental nicotine. 69 (7)(6) “Nicotine products manufacturer” means any person or 70 entity that manufactures nicotine products. 71 (8) “Non-FDA-authorized nicotine dispensing device” means 72 any nicotine dispensing device, including any single-use device, 73 nonrefillable closed system cartridge device, or disposable 74 device, which has not received a marketing authorization order 75 under 21 U.S.C. s. 387j from the Food and Drug Administration. 76 (9)(7) “Permit” is synonymous with the term “retail 77 nicotine products dealer permit.” 78 (10)(8) “Retail nicotine products dealer” means the holder 79 of a retail nicotine products dealer permit. 80 (11)(9) “Retail nicotine products dealer permit” means a 81 permit issued by the division under s. 569.32. 82 (12)(10) “Self-service merchandising” means the open 83 display of nicotine products, whether packaged or otherwise, for 84 direct retail customer access and handling before purchase 85 without the intervention or assistance of the dealer or the 86 dealer’s owner, employee, or agent.

An open display of such 87

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 4 of 10 CODING: Words stricken are deletions; words underlined are additions. products and devices includes the use of an open display unit. 88 (13)(11) “Sell” or “sale” means, in addition to its common 89 usage meaning, any sale, transfer, exchange, barter, gift, or 90 offer for sale and distribution, in any manner or by any means. 91 (1)(12) “Any person under the age of 21” does not include 92 any person under the age of 21 who: 93 (

a) Is in the military reserve or on active duty in the 94 Armed Forces of the United States; or 95 (

b) Is acting within the scope of in his or her scope of 96 lawful employment. 97

Section

Section 569.33, Florida Statutes, is amended to 98 read: 99 569.33 Consent to inspection and search without warrant.— 100

(1) An applicant for a retail nicotine products dealer 101 permit, by accepting the permit when issued, agrees that the 102 place or premises covered by the permit is subject to inspection 103 and search without a search warrant by the division or its 104 authorized assistants, and by sheriffs, deputy sheriffs, or 105 police officers, to determine compliance with this part. 106

(2) In addition to subsection (1), an applicant consents to 107 inspection and search without a search warrant of the licensed 108 premises by the Department of Law Enforcement for violations 109 involving the unlawful sale, advertising, promotion, or display 110 for sale of non-FDA-authorized nicotine dispensing devices as 111 defined in s. 569.31. 112

(3) The division shall conduct regular inspections of the 113 licensed premises of dealers that sell non-FDA-authorized 114 nicotine dispensing devices to ensure compliance with this part. 115

Section

Section 569.35, Florida Statutes, is amended to 116

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 5 of 10 CODING: Words stricken are deletions; words underlined are additions. read: 117 569.35 Retail nicotine product dealers; administrative 118 penalties.— 119

(1) The division may suspend or revoke the permit of a 120 dealer, including the retail tobacco products dealer permit of a 121 retail tobacco products dealer as defined in s. 569.002 s. 122 569.002(4), upon sufficient cause appearing of the violation of 123 any of the provisions of this part, by a dealer, or by a 124 dealer’s agent or employee. 125 (2)(

a) The division may also assess and accept an 126 administrative fine of up to $1,000 against a dealer for each 127 violation. The division shall deposit all fines collected into 128 the General Revenue Fund as collected. 129 (

b) For each violation involving the sale of a non-FDA-130 authorized nicotine dispensing device, or the advertising, 131 promoting, or displaying for sale of such device, the division 132 may impose the following penalties: 133 1. For a first violation, an administrative fine between 134 $500 to $1,000 and an order requiring corrective action within 135 15 days. 136 2. For a second violation, an administrative fine between 137 $1,000 to $2,500 and an order requiring corrective action within 138 3 days. 139 3.

For a third violation, an administrative fine between 140 $2,500 to $5,000 and suspension of the dealer’s permit for 30 141 days. 142 4. For a fourth violation, an administrative fine of no 143 less than $5,000 and suspension of the dealer’s permit for 90 144 days. 145

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 6 of 10 CODING: Words stricken are deletions; words underlined are additions. 5. For a fifth or subsequent violation, revocation of the 146 dealer’s permit. 147

(3) In addition to any administrative penalties under 148 subparagraph (b)3., a dealer, or a dealer’s agent or employee, 149 who commits a third or subsequent violation within 12 weeks 150 after the first violation commits a misdemeanor of the second 151 degree, punishable as provided in s. 775.082 or s. 775.083. 152

(4) An order imposing an administrative fine becomes 153 effective 15 days after the date of the order. The division may 154 suspend the imposition of a penalty against a dealer, 155 conditioned upon the dealer’s compliance with terms the division 156 considers appropriate. 157

(5) The division and the Department of Law Enforcement 158 shall use the administrative fines assessed pursuant to 159 subsection (2) to: 160 (

a) Increase enforcement personnel; 161 (

b) Fund compliance inspections and investigations; and 162 (

c) Develop and implement public awareness campaigns to 163 reduce nicotine use by persons younger than 21 years of age. 164

Section

Section 569.37, Florida Statutes, is reordered 165 and amended to read: 166 569.37 Sale or delivery of nicotine products; restrictions; 167 exemptions.— 168

(1) In order to prevent persons younger than under 21 years 169 of age from purchasing or receiving nicotine products, the sale 170 or delivery of nicotine products is prohibited, except: 171 (

a) When under the direct control or line of sight of the 172 dealer or the dealer’s agent or employee; or 173 (

b) Sales from a vending machine are prohibited under 174

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 7 of 10 CODING: Words stricken are deletions; words underlined are additions. paragraph (

a) and are only permissible from a machine that is 175 equipped with an operational lockout device that is under the 176 control of the dealer or the dealer’s agent or employee who 177 directly regulates the sale of items through the machine by 178 triggering the lockout device to allow the dispensing of one 179 nicotine product. The lockout device must include a mechanism to 180 prevent the machine from functioning if the power source for the 181 lockout device fails or if the lockout device is disabled and a 182 mechanism to ensure that only one nicotine product is dispensed 183 at a time. 184 (2)(

a) A dealer that sells nicotine products may not sell, 185 permit to be sold, offer for sale, or display for sale such 186 products or devices by means of self-service merchandising. 187 (

b) A dealer that sells nicotine products may not place 188 such products or devices in an open display unit unless the unit 189 is located in an area that is inaccessible to customers. 190 (6)

(3) The provisions of Subsections (1), (2), and (3) do 191 not (2) shall not apply to an establishment that prohibits 192 persons younger than under 21 years of age on the licensed 193 premises. 194

(4) A dealer or a dealer’s agent or employee shall must 195 require proof of age of a purchaser of a nicotine product before 196 selling the product to that person, unless the purchaser appears 197 to be 30 years of age or older. 198 (5)(

a) Notwithstanding this part, products manufactured by 199 a company that has received at least one marketing authorization 200 order under 21 U.S.C. s. 387j are not restricted under this 201 section, provided such products are sold exclusively in 202 compliance with the related age restrictions of this state. 203

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 8 of 10 CODING: Words stricken are deletions; words underlined are additions. (

b) For purposes of this section, the exemption extends to 204 all: 205 1. Stock-keeping units marketed by such manufacturer under 206 the same brand family as the authorized product; and 207 2. Closed-system, replaceable-cartridge devices designed 208 exclusively for use with a proprietary, reusable, rechargeable 209 device for which a marketing authorization order has been 210 granted. 211 (3)(

a) A dealer that allows persons younger than 21 years 212 of age on the licensed premises, and that sells a non-FDA-213 authorized nicotine dispensing device, may not advertise, 214 promote, or display for sale such devices in a manner that is 215 visible to: 216 1. Any person outside the licensed premises; or 217 2. Any person younger than 21 years of age who is inside 218 the licensed premises, including any open display unit. 219 (

b) A dealer that prohibits persons younger than 21 years 220 of age on the licensed premises, and that sells a nicotine 221 dispensing device that has received a marketing authorization 222 order under 21 U.S.C. s. 387j, may advertise, promote, or 223 display for sale such devices in areas visible inside or outside 224 the licensed premises. 225 (

c) Notwithstanding paragraph (a), products manufactured by 226 a company with at least one FDA marketing authorization order 227 issued under 21 U.S.C. s. 387j are not restricted under this 228 subsection, provided such products are sold exclusively in 229 compliance with state age restrictions requirements. For 230 purposes of this paragraph, the exemption also applies to all: 231 1. Stock-keeping units within the same brand family as the 232

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 9 of 10 CODING: Words stricken are deletions; words underlined are additions. authorized product; and 233 2. Closed-system, replaceable-cartridge devices designed 234 exclusively for use with a proprietary, reusable, rechargeable 235 device for which a marketing authorization order has been 236 granted. 237

Section

Section 569.39, Florida Statutes, is amended to 238 read: 239 569.39 Rulemaking authority.—The division shall adopt rules 240 to administer and enforce this part. The rules must include 241 guidelines for compliance audits and enforcement actions 242 pertaining to the advertising, promoting, or displaying for sale 243 of any non-FDA-authorized nicotine dispensing devices and must 244 expressly authorize establishments that prohibit persons younger 245 than 21 years of age on the licensed premises to sell single-use 246 nicotine dispensing devices that have not received a marketing 247 authorization order issued under 21 U.S.C. s. 387j, consistent 248 with s. 569.37(5). 249

Section 7. Present subsection (3) of

section 569.44, 250 Florida Statutes, is redesignated as subsection (4) and amended, 251 and a new subsection (3) is added to that section, to read: 252 569.44 Annual report.—The division shall report annually 253 with written findings to the Legislature and the Governor by 254 December 31 on the progress of implementing the enforcement 255 provisions of this part. This must include, but is not limited 256 to: 257

(3) The number of dealers cited for violations of s. 258 569.37(3) for advertising, promoting, or displaying for sale a 259 non-FDA-authorized nicotine dispensing device, and the penalties 260 imposed. 261

Florida Senate - 2026 SB 980 38-00602-26 2026980__ Page 10 of 10 CODING: Words stricken are deletions; words underlined are additions. (4)

(3) The number of violations for selling nicotine 262 products to persons younger than under age 21 years of age and 263 the results of administrative hearings on the above and related 264 issues. 265

Section 8. This act shall take effect July 1, 2026. 266