FL H1277

Prohibits dealers that allow persons under 21 on premises from advertising, promoting, or displaying for sale single-use nicotine dispensing devices that have not received an FDA marketing granted order under 21 U.S.C. § 387j; dealers that restrict entry to 21+ may sell and display such devices freely.

Establishes escalating penalties for selling or displaying unauthorized single-use nicotine devices: $500–$1,000 fine for a first violation, $1,000 fine plus up to 30-day permit suspension for a second violation within 12 weeks, and $2,500–$5,000 fine with at least a 30-day suspension or permit revocation for a third violation within 12 weeks, which also constitutes a second-degree misdemeanor.

Requires nicotine product dealers deriving more than 20% of gross monthly retail sales from nicotine products to be located at least 500 feet from any public or private K-12 school, with existing non-compliant dealers required to apply for conditional or nonconforming use within 90 days of July 1, 2025, and relocate within 180 days of approval.

Directs that fines collected for unauthorized single-use device violations be split equally between the Professional Regulation Trust Fund and the Department of Law Enforcement Operating Trust Fund, and used to increase enforcement personnel, fund compliance inspections, and develop a public awareness campaign to reduce nicotine use by persons under 21.

Requires the Division of Alcoholic Beverages and Tobacco to adopt rules for compliance audits and enforcement, and to include in its annual report to the Legislature and Governor the number of dealers cited for unauthorized device advertising or display violations and the penalties imposed. The act takes effect July 1, 2025.