Florida SB 980: Public Records/Petition for Certain Protective Injunctions

Bill Text

980 
Nicotine Dispensing Devices 
2026-01-29T06:42:47Z 
Citing this act as the “Florida Age-Gate Act”; defining the term “non-FDA-authorized nicotine dispensing device”; requiring an applicant for a retail nicotine products dealer permit to consent to inspections and searches of the licensed premises by the Department of Law Enforcement for specified purposes; providing civil and criminal penalties for retail tobacco products dealers that sell or advertise, promote, or display for sale non-FDA-authorized nicotine dispensing devices; prohibiting certain dealers that sell non-FDA-authorized nicotine dispensing devices from advertising, promoting, or displaying such devices if such dealers do not prohibit persons younger than 21 years of age on the licensed premises, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 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