Florida Tobacco Age Restrictions Law: Statewide Tobacco & Vaping Rules (2026)

Full Breakdown

Under Section 569.101, Florida Statutes, no person shall sell, deliver, barter, furnish, or give, directly or indirectly, any tobacco product or nicotine product or nicotine dispensing device to any person under 21 years of age. Retailers must require ID for purchasers who appear under 30. Section 877.112 governs nicotine product retailing. Because nicotine product sales are preempted to the state under FS 386.2125, local governments cannot raise the age higher, lower it, or add separate ID requirements; the statewide minimum age applies uniformly.

Violations & Penalties

Selling tobacco or nicotine to a person under 21 is a second-degree misdemeanor; repeat offenses 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. Sales of nicotine products are preempted to the state, so cities cannot raise or lower the statewide age of 21.

Do retailers always have to check ID?

Yes when the buyer appears under 30; FS 569.101 requires retailers to verify age before selling tobacco or nicotine products.

Florida Tobacco and Nicotine Sales Restricted to Age 21

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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