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.
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.
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.
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