Florida 2025 Regular Session Status: In Committee 1 R cosponsors

SB 928 — Nonapproved Disposable Nicotine Dispensing Devices

Last action — Died in Appropriations Committee on Agriculture, Environment, and General Government

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Nonapproved Disposable Nicotine Dispensing Devices; Citing this act as the “Florida Age Gate Act”; defining the term “nonapproved disposable device”; revising which permitholders that the premises covered by the permit are subject to inspection and search by the Division of Alcoholic Beverages and Tobacco; revising the provision that, upon being granted a permit, such permitholder also consents to inspections by the Department of Law Enforcement for specified violations; prohibiting a dealer who sells nonapproved disposable devices from advertising, promoting, or displaying for sale such devices in certain locations; providing restrictions on locations for specified dealers of nicotine products, etc.

Bill Text

What changed in the latest version

376 added · 303 removed

376 line(s) added, 303 removed.

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Florida Senate - 2025 SB 928 By Senator Calatayud 38-01471-25 2025928__ A bill to be entitled An act relating to nonapproved disposable nicotine dispensing devices;
Florida Senate - 2025 CS for SB 928 By the Committee on Regulated Industries;
and Senator Calatayud 580-02351-25 2025928c1 A bill to be entitled An act relating to nonapproved disposable nicotine dispensing devices;
amending s.
reordering and amending s.
revising the provision that, upon being granted a permit, such permitholder also consents to inspections by the Department of Law Enforcement for specified violations;
revising the provision that, upon being granted a permit, such permitholders also consent to inspections by the Department of Law Enforcement for specified violations;
requiring the division to inspect the licensed premises of dealers who sell nonapproved disposable devices;
requiring the division to inspect regularly the licensed premises of dealers who sell nonapproved disposable devices;
requiring that administrative fines for certain violations be used by the division and the department for specified purposes;
requiring that administrative fines for certain violations be used by the division for specified purposes;
providing restrictions on locations for specified dealers of nicotine products;
requiring dealers to submit specified information to the division;
requiring certain dealers to maintain specified records;
authorizing the division to request and have access to such records;
providing that failure of provide such records is a violation of this Page 1 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 section;
requiring dealers to provide specified information within a certain time period following such a request;
requiring dealers to submit an application to the division for conditional use or legally recognized nonconforming use in specified circumstances;
requiring dealers to relocate following approval of such applications within a specified timeframe;
569.381(3) and (5) and 569.43(3), F.S., relating to responsible retail nicotine products dealers, qualifications, mitigation Page 1 of 10 CODING:
569.381(3) and (5) and 569.43(3), F.S., relating to responsible retail nicotine products dealers, qualifications, mitigation of disciplinary penalties, diligent management and supervision, and presumption;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ of disciplinary penalties, diligent management and supervision, presumption;
(2)(1) “Dealer” is synonymous with the term “retail nicotine products dealer.” (3)(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
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(4)(3) “FDA” means the United States Food and Drug Administration.
(5)(4) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended Page 2 of 10 CODING:
Florida Senate - 2025 SB 928 38-01471-25 2025928__ to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 (2)(1) “Dealer” is synonymous with the term “retail nicotine products dealer.” (3)(2) “Division” means the Division of Alcoholic Beverages and Tobacco of the Department of Business and Professional Regulation.
(4)(3) “FDA” means the United States Food and Drug Administration.
(5)(4) “Nicotine dispensing device” means any product that employs an electronic, chemical, or mechanical means to produce vapor or aerosol from a nicotine product, including, but not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product, any replacement cartridge for such device, and any other container of nicotine in a solution or other form intended to be used with or within an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or other similar device or product.
(7)(6) “Nicotine products manufacturer” means any person or entity that manufactures nicotine products.
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Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 (7)(6) “Nicotine products manufacturer” means any person or entity that manufactures nicotine products.
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(13)(11) “Sell” or “sale” means, in addition to its common usage meaning, any sale, transfer, exchange, barter, gift, or offer for sale and distribution, in any manner or by any means.
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words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ (13)(11) “Sell” or “sale” means, in addition to its common usage meaning, any sale, transfer, exchange, barter, gift, or offer for sale and distribution, in any manner or by any means.
569.33 Consent to inspection and search without warrant.— (1) An applicant for a retail nicotine products dealer permit or a retail tobacco products dealer permit issued under s.
569.33 Consent to inspection and search without warrant.— Page 4 of 12 CODING:
569.003, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this part.
An applicant also consents to inspection and search without a search warrant of the licensed premises by the Department of Law Enforcement to determine compliance with this part relating to the unlawful sale of nonapproved disposable devices or the unlawful advertising, promotion, or display for sale of such devices.
(2) The division shall conduct regular inspections of the Page 4 of 10 CODING:
Florida Senate - 2025 SB 928 38-01471-25 2025928__ licensed premises of dealers who sell nonapproved disposable devices to ensure compliance with this part.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 (1) An applicant for a retail nicotine products dealer permit or a retail tobacco products dealer permit issued under s.
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569.003, by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this part.
An applicant also consents to inspection and search without a search warrant of the licensed premises by the Department of Law Enforcement to determine compliance with this part relating to the unlawful sale of nonapproved disposable devices or the unlawful advertising, promotion, or display for sale of such devices.
(2) The division shall conduct regular inspections of the licensed premises of dealers who sell nonapproved disposable devices to ensure compliance with this part.
The division shall deposit all fines collected under this paragraph into the General Revenue Fund as collected.
The division shall Page 5 of 12 CODING:
(b) For each violation involving the unlawful sale of nonapproved disposable devices or the unlawful advertising, promotion, or display for sale of such devices, the division may impose the following penalties:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 deposit all fines collected under this paragraph into the General Revenue Fund as collected.
(b) The division may impose the following penalties for each violation involving the unlawful advertising, promotion, or display for sale of nonapproved disposable devices as provided in s.
569.37(3):
or Page 5 of 10 CODING:
or 3.
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words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ 3.
Any second or subsequent violation outside the 12-week period after the first violation is punishable as provided for a first violation.
Any second or subsequent violation beyond the 12-week period after the first violation is punishable as provided for a first violation.
The division shall deposit one-half of all fines collected under this paragraph into the Professional Regulation Trust Fund, and the remaining one-half of the fines collected shall be deposited into the Department of Law Enforcement Operating Trust Fund.
The division shall deposit all fines collected under this paragraph into the Professional Regulation Trust Fund.
775.083.
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Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 775.083.
(4) Administrative fines collected under paragraph (2)(b) shall be used by the division and the Department of Law Enforcement to do all of the following:
(4) Administrative fines collected under paragraph (2)(b) shall be used by the division to do all of the following:
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(c) Develop and implement public awareness campaigns to reduce nicotine use by persons under the age of 21.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ (c) Develop and implement public awareness campaigns to reduce nicotine use by persons under the age of 21.
Present subsections (3) and (4) of section 569.37, Florida Statutes, are redesignated as subsections (4) and (5), respectively, a new subsection (3) is added to that section, and present subsection (3) of that section is amended, to read:
Present subsections (3) and (4) of section 569.37, Florida Statutes, are redesignated as subsections (4) and (5), respectively, a new subsection (3) and subsection (6) are added to that section, and present subsection (3) of that section is amended, to read:
(b) Advertise, promote, or display for sale such nonapproved disposable devices within the dealer’s licensed premises in a manner visible to any person under the age of 21, including, but not limited to, placement of the devices in an open display unit located in an area visible to any person under the age of 21.
(b) Advertise, promote, or display for sale such nonapproved disposable devices within the dealer’s licensed premises in a manner visible to any person under the age of 21, including, but not limited to, placement of the devices in an open display unit located in an area visible to any person under Page 7 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 the age of 21.
(6)(a) A dealer that derives more than 20 percent of its gross monthly retail sales from the sale of nicotine products may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school.
The required distance must be measured on a straight line from the nearest property line of the retail shop to the nearest property line of the school.
(b) Each dealer must submit to the division a survey certified under chapter 472, performed at least 30 days before the date of the submission of the application for a permit under s.
569.32, containing a legal description of the boundaries of the place or premises and any existing public or private elementary school, middle school, or secondary school located within 500 feet.
The measurement scaled by the division governs any measurement disputes.
(c) A dealer located within 500 feet of real property that comprises a public or private elementary school, middle school, or secondary school must maintain records verifying the gross monthly retail sales from the sale of nicotine products during the previous 6 months, as well as the percentage of such sales that represents the retail sales of nicotine dispensing devices.
The division may request and have access to such records for the purpose of enforcement.
Within 14 days after such request, the dealer must provide a summary sales report verifying its sales for the period of time requested.
Failure of the dealer to Page 8 of 12 CODING:
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words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 provide a sales report when requested by the division, or failure of the dealer to adequately demonstrate that the business establishment has sold less than the required percentage of nicotine products and nicotine dispensing devices, is a violation of this section.
(d) Within 90 days after the opening of a public or private elementary school, middle school, or secondary school located within 500 feet of an existing place of business or premises that sells nicotine products or nicotine dispensing devices, as determined under paragraph (a), the dealer must submit an application to the division for conditional use or legally recognized nonconforming use in accordance with the local government’s applicable land development regulations.
Upon approval of the division for conditional use or a legally recognized nonconforming use, the dealer must relocate the business or premises within 180 days, or upon expiration of the dealer’s current lease agreement without any extension thereof, whichever occurs later, to a new location in compliance with this subsection.
(e) Within 90 days after July 1, 2025, a dealer that has a place of business or premises located within 500 feet of a public or private elementary school, middle school, or secondary school, as determined under paragraph (a), must submit an application to the division for conditional use or legally recognized nonconforming use in accordance with the local government’s land development regulations.
Upon approval of the division for conditional use or a legally recognized nonconforming use, the dealer must relocate the business or premises within 180 days, or upon expiration of the dealer’s Page 9 of 12 CODING:
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words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 current lease agreement without any extension thereof, whichever occurs later, to a new location in compliance with this subsection.
The rules must include guidelines for compliance audits and enforcement actions pertaining to the sale, advertising, promotion, and display for Page 7 of 10 CODING:
The rules must include guidelines for compliance audits and enforcement actions pertaining to the sale, advertising, promotion, and display for sale of nonapproved disposable devices.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ sale of nonapproved disposable devices.
presumption.— (3) In determining penalties under s.
presumption.— Page 10 of 12 CODING:
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words underlined are additions.
Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 (3) In determining penalties under s.
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(c) The dealer had no knowledge of that employee’s violation at the time of the violation and did not direct, approve, or participate in the violation.
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words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ (c) The dealer had no knowledge of that employee’s violation at the time of the violation and did not direct, approve, or participate in the violation.
569.43 Posting of a sign stating that the sale of nicotine products or nicotine dispensing devices to persons under 21 years of age is unlawful;
569.43 Posting of a sign stating that the sale of nicotine Page 11 of 12 CODING:
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Florida Senate - 2025 CS for SB 928 580-02351-25 2025928c1 products or nicotine dispensing devices to persons under 21 years of age is unlawful;
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IF YOU WERE NOT BORN BEFORE THIS DATE ...(insert date and applicable year)...
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words underlined are additions.
Florida Senate - 2025 SB 928 38-01471-25 2025928__ IF YOU WERE NOT BORN BEFORE THIS DATE ...(insert date and applicable year)...
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View plain text versions (2)

How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill revises regulations regarding nonapproved disposable nicotine dispensing devices, strengthening inspection, penalty, and advertising restrictions for dealers.

  • Section 569.31

    "Nonapproved disposable device" means a disposable or single-use nicotine dispensing device as defined in this section which has not received a marketing granted order under 21 U.S.C. s. 387j.

    Defines the term 'nonapproved disposable device'.

  • Section 569.33

    by accepting the permit when issued, agrees that the place or premises covered by the permit is subject to inspection and search without a search warrant by the division or its authorized assistants, and by sheriffs, deputy sheriffs, or police officers, to determine compliance with this part. → An applicant also consents to inspection and search without a search warrant of the licensed premises by the Department of Law Enforcement to determine compliance with this part relating to the unlawful sale of nonapproved disposable devices or the unlawful advertising, promotion, or display for sale of such devices.

    Expands the scope of inspections to include searches by the Department of Law Enforcement for specific violations.

  • Section 569.35

    deposit all fines collected under this paragraph into the General Revenue Fund as collected. → The division shall deposit all fines collected under this paragraph into the Professional Regulation Trust Fund.

    Changes the destination of collected fines from the General Revenue Fund to the Professional Regulation Trust Fund.

  • Section 569.35

    the division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation. → The division may impose the following penalties for each violation involving the unlawful advertising, promotion, or display for sale of nonapproved disposable devices as provided in s. 569.37(3):

    Introduces a tiered penalty system specifically for violations relating to nonapproved disposable devices.

  • Section 569.37

    (3) A dealer who sells nonapproved disposable devices may not: (a) Advertise, promote, or display for sale such nonapproved disposable devices in any location that is visible to persons outside of the dealer’s licensed premises.

    Prohibits advertising nonapproved disposable devices in visible locations outside licensed premises.

  • Section 569.37

    (b) Advertise, promote, or display for sale such nonapproved disposable devices within the dealer’s licensed premises in a manner visible to any person under the age of 21.

    Prohibits advertising nonapproved disposable devices within licensed premises in view of individuals under 21.

  • Section 569.35

    Administrative fines collected under paragraph (2)(b) shall be used by the division to do all of the following: (a) Increase enforcement personnel. (b) Fund compliance inspections and investigations. (c) Develop and implement public awareness campaigns to reduce nicotine use by persons under the age of 21.

    Specifies intended uses for collected administrative fines.

Action History

  1. Died in Appropriations Committee on Agriculture, Environment, and General Government

  2. Indefinitely postponed and withdrawn from consideration

  3. CS by Regulated Industries read 1st time

  4. Now in Appropriations Committee on Agriculture, Environment, and General Government

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Regulated Industries; YEAS 8 NAYS 0

  7. On Committee agenda-- Regulated Industries, 03/12/25, 8:30 am, 412 Knott Building

  8. Introduced

  9. Referred to Regulated Industries; Appropriations Committee on Agriculture, Environment, and General Government; Fiscal Policy

  10. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 1000
Republican 5000
Unaffiliated 1001
No Party Affiliation 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Ingoglia — Yea
Fine — Not Voting
Bernard, Mack Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Burgess, Danny Republican Yea
Calatayud, Alexis Republican Yea
Gruters, Joe Republican Yea

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 928 do?
Nonapproved Disposable Nicotine Dispensing Devices; Citing this act as the “Florida Age Gate Act”; defining the term “nonapproved disposable device”; revising which permitholders that the premises covered by the permit are subject to inspection and search by the Division of Alcoholic Beverages and Tobacco; revising the provision that, upon being granted a permit, such permitholder also consents to inspections by the Department of Law Enforcement for specified violations; prohibiting a dealer who sells nonapproved disposable devices from advertising, promoting, or displaying for sale such devices in certain locations; providing restrictions on locations for specified dealers of nicotine products, etc.
Who sponsors SB 928?
SB 928 is sponsored by Calatayud, Alexis (Republican) and Regulated Industries.
What is the current status of SB 928?
This bill died with 2025 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 928?
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