Tobacco Under Twenty One
Fla. Stat. 569.11 — community service or a $25 fine, and the license on the line
It is unlawful to sell, deliver, barter, furnish or give a tobacco product to anyone under 21, directly or indirectly. That is a misdemeanor of the second degree, and of the first degree on a second violation within 1 year.
Who handles this in Florida: The Florida Bar Lawyer Referral Service; and legal aid programs and the state offices, listed in the Florida directory.
A person under 21 who knowingly possesses a tobacco product, or misrepresents their age or military service to get one, commits a noncriminal violation: 16 hours of community service or a $25 fine the first time, plus a school approved anti tobacco program where there is one, and a $25 fine for another violation within 12 weeks.
Unpaid, it costs the license. If the community service, the program or the fine is not completed, the court may have the state withhold or suspend the person's driver license or driving privilege.
A seller who carefully checked an ID and believed in good faith the buyer was 21 or older has a complete defense. Nicotine products other than tobacco have their own part of the chapter, not covered here. A particular citation is a question for a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 569.11 — Possession and purchase of tobacco products by persons under 21
- Fla. Stat. 569.101 — Selling or giving tobacco products to persons under 21
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.