Florida Statute 569.101 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 569
TOBACCO AND NICOTINE PRODUCTS

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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. 1, 2, ch. 5716, 1907; RGS 5530; CGL 7696; s. 1083, ch. 71-136; s. 1, ch. 85-100; s. 218, ch. 91-224; s. 11, ch. 92-285; s. 1388, ch. 97-102; s. 3, ch. 97-162; s. 15, ch. 2021-14.

Note.—Former s. 859.06.

F.S. 569.101 on Google Scholar

F.S. 569.101 on Casetext

Amendments to 569.101

Arrestable Offenses / Crimes under Fla. Stat. 569.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

S569.101 1 - CONTRIB DELINQ MINOR - RENUMBERED. SEE REC # 9521 - M: S

S569.101 1 - PUBLIC ORDER CRIMES - SELL BARTER DELIVER TOBACCO TO UNDER 21 - M: S

S569.101 2 - CONTRIB DELINQ MINOR - RENUMBERED. SEE REC # 9522 - M: F

S569.101 2 - PUBLIC ORDER CRIMES - SELL BARTER DELIV TOBACCO <21 SUB VIOL WI 1YR - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 569.101

Total Results: 3

State v. Aiuppa

Court: Fla. | Date Filed: 1974-05-01T00:53:00-07:00

Citation: 298 So. 2d 391

Snippet: amp;amp; Lake Realty Co., 101 Fla. 1324, 133 So. 569, 101 Fla. 1324, 135 So. 795 (1931), appeal dism. 286

Tornillo v. Miami Herald Publishing Company

Court: Fla. | Date Filed: 1973-07-18T00:53:00-07:00

Citation: 287 So. 2d 78

Snippet: amp;amp; Lake Realty Co., 101 Fla. 1324, 133 So. 569, 101 Fla. 1324, 135 So. 795 (1931), appeal dism., 286

Cragin v. Ocean & Lake Realty Co.

Court: Fla. | Date Filed: 1931-03-28T00:00:00-08:00

Citation: 133 So. 569, 101 Fla. 1324

Snippet: Whitfield, Ellis, Terrell, Davis 28 March 1931 133 So. 569, 101 Fla. 1324 Wideman, Wideman Wardlaw, attorneys