Florida Statute 569.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 569
TOBACCO AND NICOTINE PRODUCTS

View Entire Chapter

F.S. 569.11

569.11 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.

F.S. 569.11 on Google Scholar

F.S. 569.11 on Casetext

Amendments to 569.11

Arrestable Offenses / Crimes under Fla. Stat. 569.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 569.11.

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

Annotations, Discussions, Cases:

Cases Citing Statute 569.11

Total Results: 14

State v. C.M., a child

Court: District Court of Appeal of Florida | Date Filed: 2015-01-07

Citation: 154 So. 3d 1177, 2015 Fla. App. LEXIS 167, 2015 WL 71949

Snippet: tobacco products, alcohol, and nicotine products. §§ 569.11(1), 877.112, Fla. Stat (2013). A minor in possession

J.W.J. v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 Fla. App. LEXIS 17639

Snippet: require an oral pronouncement, in that section 569.11(1), Florida Statutes (2007), makes it unlawful

JWJ v. State

Court: District Court of Appeal of Florida | Date Filed: 2008-11-17

Citation: 994 So. 2d 1223, 2008 WL 4899179

Snippet: require an oral pronouncement, in that section 569.11(1), Florida Statutes (2007), makes it unlawful

A.A.R. v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-04-19

Citation: 926 So. 2d 463, 2006 Fla. App. LEXIS 5659

Snippet: POLEN and SHAHOOD, JJ., concur. . See section 569.11(1), Florida Statutes (2004) ("It is unlawful for

AAR v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-04-19

Citation: 926 So. 2d 463, 2006 WL 1006865

Snippet: and SHAHOOD, JJ., concur. NOTES [1] See section 569.11(1), Florida Statutes (2004) ("It is unlawful for

B.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-03-29

Citation: 924 So. 2d 934, 2006 Fla. App. LEXIS 4403, 2006 WL 782871

Snippet: state, which is that it is unlawful under section 569.11(1), Florida Statutes (2004), for a person under

State v. J.P.

Court: Supreme Court of Florida | Date Filed: 2004-11-18

Citation: 907 So. 2d 1101, 2004 Fla. LEXIS 2529

Snippet: under 21 from possessing alcoholic beverages); § 569.11(1), Fla. Stat. (2003) (prohibiting persons under

State v. JP

Court: Supreme Court of Florida | Date Filed: 2004-11-18

Citation: 907 So. 2d 1101, 2004 WL 3404162

Snippet: under 21 from possessing alcoholic beverages); § 569.11(1), Fla. Stat. (2003) (prohibiting persons under

A.C. v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-12-18

Citation: 831 So. 2d 1280, 2002 Fla. App. LEXIS 18564, 2002 WL 31828800

Snippet: v. State, 784 So.2d 1219 (Fla. 2d DCA 2001); § 569.11(1), Fla. Stat. (2001).

B.W. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-04-18

Citation: 784 So. 2d 1219, 2001 Fla. App. LEXIS 5124

Snippet: child under eighteen is a violation of section 569.11(1), Florida Statutes (1999), the cigarette package

BW v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-04-18

Citation: 784 So. 2d 1219, 2001 WL 387933

Snippet: minors possessing cigarettes is found in section 569.11(1), Florida Statutes (1999), which states in pertinent

Apalachicola Land & Development Co. v. McRae

Court: Supreme Court of Florida | Date Filed: 1923-11-08

Citation: 86 Fla. 393, 98 So. 505

Snippet: Land Co. v. Maxwell Land Grant Co., 139 U. S. 569, 11 Sup. Ct. Rep. 656; this is particularly so when

Brickell v. Trammel

Court: Supreme Court of Florida | Date Filed: 1919-05-05

Citation: 77 Fla. 544, 82 So. 221

Snippet: Land Co. v. Maxwell Land Grant Co., 139 U. S. 569, 11 Sup. Ct. Rep. 656. This is particularly so when

Ropes v. Goldman

Court: Supreme Court of Florida | Date Filed: 1905-06-15

Citation: 50 Fla. 601

Snippet: reasoning there employed. Sambs v. Stein, 53 Wis. 569, 11 N. W. Rep. 53. To the same effect see Williams