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The 2025 Florida Statutes
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F.S. 569.11569.11 Possession, misrepresenting age or military service to purchase, and purchase of tobacco products by persons under 21 years of age prohibited; penalties; jurisdiction; disposition of fines.—(1) It is unlawful for any person under 21 years of age to knowingly possess any tobacco product. Any person under 21 years of age who violates this subsection commits a noncriminal violation as provided in s. 775.08(3), punishable by:(a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine. In addition, the person must attend a school-approved anti-tobacco program, if locally available; or (b) For a second or subsequent violation within 12 weeks after the first violation, a $25 fine. Any second or subsequent violation not within the 12-week period after the first violation is punishable as provided for a first violation. (2) It is unlawful for any person under 21 years of age to misrepresent his or her age or military service for the purpose of inducing a dealer or an agent or employee of the dealer to sell, give, barter, furnish, or deliver any tobacco product, or to purchase, or attempt to purchase, any tobacco product from a person or a vending machine. Any person under 21 years of age who violates this subsection commits a noncriminal violation as provided in s. 775.08(3), punishable by:(a) For a first violation, 16 hours of community service or, instead of community service, a $25 fine and, in addition, the person must attend a school-approved anti-tobacco program, if available; or (b) For a second or subsequent violation within 12 weeks after the first violation, a $25 fine. Any second or subsequent violation not within the 12-week period after the first violation is punishable as provided for a first violation. (3) Any person under 21 years of age cited for committing a noncriminal violation under this section must sign and accept a civil citation indicating a promise to appear before the county court or comply with the requirement for paying the fine and must attend a school-approved anti-tobacco program, if locally available. If a fine is assessed for a violation of this section, the fine must be paid within 30 days after the date of the citation or, if a court appearance is mandatory, within 30 days after the date of the hearing. (4) A person charged with a noncriminal violation under this section must appear before the county court or comply with the requirement for paying the fine. The court, after a hearing, shall make a determination as to whether the noncriminal violation was committed. If the court finds the violation was committed, it shall impose an appropriate penalty as specified in subsection (1) or subsection (2). A person who participates in community service shall be considered an employee of the state for the purpose of chapter 440 for the duration of such service. (5)(a) If a person under 21 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to complete community service, pay the fine as required by paragraph (1)(a) or paragraph (2)(a), or attend a school-approved anti-tobacco program, if locally available, the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for a period of 30 consecutive days. (b) If a person under 21 years of age is found by the court to have committed a noncriminal violation under this section and that person has failed to pay the applicable fine as required by paragraph (1)(b) or paragraph (2)(b), the court may direct the Department of Highway Safety and Motor Vehicles to withhold issuance of or suspend the driver license or driving privilege of that person for a period of 45 consecutive days. (6) Eighty percent of all civil penalties received by a county court pursuant to this section shall be remitted by the clerk of the court to the Department of Revenue for transfer to the Department of Education to provide for teacher training and for research and evaluation to reduce and prevent the use of tobacco products by children. The remaining 20 percent of civil penalties received by a county court pursuant to this section shall remain with the clerk of the county court to cover administrative costs. History.—s. 5, ch. 97-162; s. 3, ch. 99-156; s. 9, ch. 99-259; s. 34, ch. 2001-63; s. 30, ch. 2001-122; s. 27, ch. 2019-167; s. 16, ch. 2021-14.
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Annotations, Discussions, Cases:
Civil Citations / Citable Offenses under S569.11
R or S next to points is Mandatory Revocation or Suspension
S569.11 (1) Possession of tobacco product by a minor - Do Not write Uniform Traffic Citation for this charge. For use ONLY by courts to report suspensions through a Court Ordered Report of Disposition. Note 23 &24 - Points on Drivers License: 0 R/S
S569.11 (2) Misrepresent age in order to obtain tobacco products Note 23 & 24 - Points on Drivers License: 0 R/S
Cases Citing Statute 569.11
Total Results: 10
907 So. 2d 1101, 2004 WL 3404162
Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 459350
Cited 34 times | Published
under 21 from possessing alcoholic beverages); § 569.11(1), Fla. Stat. (2003) (prohibiting persons under
926 So. 2d 463, 2006 WL 1006865
District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 466959
Cited 9 times | Published
POLEN and SHAHOOD, JJ., concur.
NOTES
[1] See section 569.11(1), Florida Statutes (2004) ("It is unlawful
907 So. 2d 1101, 2004 Fla. LEXIS 2529
Supreme Court of Florida | Filed: Nov 18, 2004 | Docket: 64839724
Cited 7 times | Published
under 21 from possessing alcoholic beverages); § 569.11(1), Fla. Stat. (2003) (prohibiting persons under
994 So. 2d 1223, 2008 WL 4899179
District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 1666931
Cited 5 times | Published
not require an oral pronouncement, in that section 569.11(1), Florida Statutes (2007), makes it unlawful
994 So. 2d 1223, 2008 Fla. App. LEXIS 17639
District Court of Appeal of Florida | Filed: Nov 17, 2008 | Docket: 64856851
Cited 1 times | Published
not require an oral pronouncement, in that section 569.11(1), Florida Statutes (2007), makes it unlawful
926 So. 2d 463, 2006 Fla. App. LEXIS 5659
District Court of Appeal of Florida | Filed: Apr 19, 2006 | Docket: 64843952
Cited 1 times | Published
Remanded.
POLEN and SHAHOOD, JJ., concur.
. See section 569.11(1), Florida Statutes (2004) ("It is unlawful
784 So. 2d 1219, 2001 WL 387933
District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1492322
Cited 1 times | Published
on minors possessing cigarettes is found in section 569.11(1), Florida Statutes (1999), which states in
924 So. 2d 934, 2006 Fla. App. LEXIS 4403, 2006 WL 782871
District Court of Appeal of Florida | Filed: Mar 29, 2006 | Docket: 64843272
Published
the state, which is that it is unlawful under section 569.11(1), Florida Statutes (2004), for a person under
831 So. 2d 1280, 2002 Fla. App. LEXIS 18564, 2002 WL 31828800
District Court of Appeal of Florida | Filed: Dec 18, 2002 | Docket: 64819402
Published
v. State, 784 So.2d 1219 (Fla. 2d DCA 2001); § 569.11(1), Fla. Stat. (2001).
784 So. 2d 1219, 2001 Fla. App. LEXIS 5124
District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 64805328
Published
by a child under eighteen is a violation of section 569.11(1), Florida Statutes (1999), the cigarette
