Florida Senate Passes Tobacco Purchasing Age Increase

The Florida State Senate has passed a bill that would increase the minimum age to purchase tobacco products from 18- to 21-years-old.

S.B. 810 passed by a vote of 34-4. It’s unclear whether the state will pass the law before a federal Tobacco 21 standard goes into effect. Last year, the State Senate passed a similar bill but it stalled in the House. A similar bill was filed in September in the Florida House, H.B. 151, but has still not received a single vote.

The bill also establishes new penalties for retailers caught selling tobacco products to those under 21:

• First Offense — Minimum $500 fine;
• Second Offense within 36 months of the first offense — Minimum $750 fine and a suspension of the ability to sell tobacco products for seven days;
• Third offense within 36 months of the first offense — Minimum $1,000 fine and a suspension of the ability to sell tobacco products for 30 days;
• Fourth offense within 36 months of the first offense — Minimum $1,000 fine and a suspension of the ability to sell tobacco products for three years;

If passed, the new law would go into effect on Oct. 1, 2020.

---

On Dec. 21, 2019, President Trump signed H.R. 1865, a $1.4 trillion spending bill that also increased the minimum age to purchase tobacco products from 18 to 21.

The U.S. Food & Drug Administration (FDA) has stated that upon signing that the new law went into effect immediately. It is halfwheel’s understanding that while the law might have changed, FDA likely lacks the authority to enforce the 21-years-old minimum age standard until after a few procedural steps, which likely would be completed by the end of 2020. However, the Premium Cigar Association (PCA), National Association of Convenience Stores (NACS) have advised their retail members to comply with the increase to 21 as a precautionary measure.

FDA has stated that it is not yet enforcing the 21-years-old standard through its compliance checks program.