Florida HB 843: Fish and Wildlife Conservation Commission Trust Funds

Bill Text

HB 843 2026

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hb843-00
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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
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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.
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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.
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(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 act