Florida Statewide Rule

Florida Tobacco and Nicotine Sales Restricted to Age 21

Some RestrictionsApplies statewide across Florida (2026)

Key Facts

Minimum age: 21 statewide (FS 569.101)
ID check: Affirmative defense for retailers
Nicotine products: FS 877.112 mirrors the age line
Preemption: FS 569.0025 / 569.315
Penalty: Misdemeanor plus license discipline

Last verified: August 20, 2026Source: Florida Senate

Summary

Florida Statute 569.101 prohibits the sale or delivery of tobacco and nicotine products to persons under 21, aligning with federal law and applying uniformly statewide under the preemption in FS 569.0025 and 569.315.

F.S. 569.101 569.101 Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 21 years of age; criminal penalties; defense. — (1) It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 21 years of age, any tobacco product. (2) Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 . However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083 . (3) A person charged with a violation of subsection (1) has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given: (a) The buyer or recipient falsely evidenced that she or he was 21 years of age or older; (b) The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 21 years of age or older; and (c) Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 21 years of age or older. History. — ss.

Source: Florida SenateView official code

Full Breakdown

Under Section 569.101, Florida Statutes, no person may sell, deliver, barter, furnish, or give, directly or indirectly, any tobacco product to a person under 21, and Section 877.112 applies the same age line to nicotine products and dispensing devices. Checking a government-issued ID is an affirmative defense for retailers. Because FS 569.0025 and FS 569.315 preempt the minimum purchase age and the regulation of marketing, sale, and delivery of tobacco and nicotine products to the state, local governments cannot raise the age, lower it, or add separate sales rules; the statewide minimum applies uniformly.

Violations & Penalties

Selling tobacco or nicotine to a person under 21 is a second-degree misdemeanor; repeat offenses within a year become first-degree misdemeanors and can lead to retail license suspension or revocation.

Frequently Asked Questions

What is the legal age to buy tobacco or vapes in Florida?

Twenty-one. FS 569.101 prohibits sales of tobacco and nicotine products to anyone under 21 throughout the state.

Can a city set a different tobacco purchase age?

No. FS 569.0025 and 569.315 preempt the minimum purchase age to the state, so cities cannot raise or lower the statewide age of 21.

Do retailers always have to check ID?

The statute does not mandate ID checks, but verifying a government-issued ID gives the retailer an affirmative defense if a buyer turns out to be underage, so most stores check anyone who looks young.

Sources

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