Committee backs 'Florida Agegate Act' restricting display and marketing of non‑FDA nicotine devices

The Senate Regulated Industries Committee reported favorably SB 980 after adopting a delete‑all amendment that establishes the Florida Agegate Act, placing advertising and display restrictions on non‑FDA approved nicotine dispensing devices to reduce youth access.

Senator Collatiuh explained the amendment’s central features: non‑FDA approved disposable nicotine devices would be removed from retail display in areas accessible to people under 21; marketing and promotional limitations would apply; the measure sets escalating administrative penalties and directs fine revenue toward enforcement and youth-prevention programs. The sponsor said the bill does not restrict FDA‑approved nicotine devices.

The amendment text, as explained to the committee, creates inspection authority for regulators and includes a provision that a dealer or dealer employee commits a second‑degree misdemeanor upon a third or subsequent violation within 12 weeks. The division would conduct regular inspections of licensed premises, and an applicant for a retail nicotine-product dealer permit would agree the permitted premises are subject to FDLE search without a warrant for compliance inspections (as stated by sponsor).

Senators asked about enforcement and the prevalence of illegal/imported products; sponsor representatives said the bill’s approach is to limit promotion and visibility to protect minors while acknowledging enforcement and federal‑level gaps. The committee closed debate and reported the bill favorably.