Florida Statute 569.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 569
TOBACCO AND NICOTINE PRODUCTS

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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.

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Amendments to 569.11

Annotations, Discussions, Cases:

Cases Citing Statute 569.11

Total Results: 10 | Sort by: Relevance | Newest First

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State v. JP, 907 So. 2d 1101 (Fla. 2004).

Cited 34 times | Published | Supreme Court of Florida | 2004 WL 3404162

...lts. See, e.g., § 322.05(1), Fla. Stat. (2003) (prohibiting minors under 15 from driving, and 15-year-olds from driving unaccompanied by an adult); § 562.111(1), Fla. Stat. (2003) (prohibiting persons under 21 from possessing alcoholic beverages); § 569.11(1), Fla....

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AAR v. State, 926 So. 2d 463 (Fla. 4th DCA 2006).

Cited 9 times | Published | Florida 4th District Court of Appeal | 2006 WL 1006865

...ere was no official recording of the false information and no harm was shown beyond the time expenditure. Under these circumstances, the motion to dismiss should have been granted. Reversed and Remanded. POLEN and SHAHOOD, JJ., concur. NOTES [1] See section 569.11(1), Florida Statutes (2004) ("It is unlawful for any person under 18 years of age to knowingly possess any tobacco product.").

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State v. J.P., 907 So. 2d 1101 (Fla. 2004).

Cited 7 times | Published | Supreme Court of Florida | 2004 Fla. LEXIS 2529

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

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JWJ v. State, 994 So. 2d 1223 (Fla. 1st DCA 2008).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2008 WL 4899179

...thorized by section 985.435(2)-(3), Florida Statutes (2007), and did not have to be pronounced orally. Likewise, the special condition prohibiting Appellant from possessing or consuming tobacco products did not require an oral pronouncement, in that section 569.11(1), Florida Statutes (2007), makes it unlawful for any person under age 18 knowingly to possess any tobacco product....

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J.W.J. v. State, 994 So. 2d 1223 (Fla. 1st DCA 2008).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 17639

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A.A.R. v. State, 926 So. 2d 463 (Fla. 4th DCA 2006).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 5659

...name, there was no official recording of the false information and no harm was shown beyond the time expenditure. Under these circumstances, the motion to dismiss should have been granted. Reversed and Remanded. POLEN and SHAHOOD, JJ., concur. . See section 569.11(1), Florida Statutes (2004) ("It is unlawful for any person under 18 years of age to knowingly possess any tobacco product.'').

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BW v. State, 784 So. 2d 1219 (Fla. 2d DCA 2001).

Cited 1 times | Published | Florida 2nd District Court of Appeal | 2001 WL 387933

...) regulation, whether civil, criminal, or administrative. The possession of contraband means possessing any property, object, or thing that is against any law or regulation. In Florida, the legislative ban on minors possessing cigarettes is found in section 569.11(1), Florida Statutes (1999), which states in pertinent part: (1) It is unlawful for any person under 18 years of age to knowingly possess any tobacco product....

...s lawfully seized, the cocaine should not be suppressed. However, I conclude that the second cigarette package was not lawfully seized. The majority takes the position that because possession of cigarettes by a child under eighteen is a violation of section 569.11(1), Florida Statutes (1999), the cigarette package in B.W.'s pocket was contraband subject to seizure and forfeiture under section 932.703(1)(a), Florida Statutes (1999)....

...d or was likely to be employed in criminal activity. However, perhaps unwisely, the legislature has made it only a noncriminal violation punishable by a civil citation and fine for a child under eighteen to knowingly possess any tobacco product. See § 569.11(1), Fla....

...Therefore, since B.W.'s possession of the cigarette package was not a criminal activity, Officer Johnson had no authority under the Florida Contraband Forfeiture Act to seize the cigarette package from B.W.'s pocket and retain it as forfeited contraband. The State concedes that section 569.11 and the Florida Contraband Forfeiture Act do not authorize seizure of the cigarette package; however, it argues that it would be illogical for a law enforcement officer to encounter a child in possession of tobacco, write a citation, and walk away....

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B.C. v. State, 924 So. 2d 934 (Fla. 4th DCA 2006).

Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 4403, 2006 WL 782871

...The state has ignored this distinction, arguing primarily that the point was not preserved; however, that argument is without merit. We have concluded that we can affirm for a reason not relied on by the trial court *935 or the state, which is that it is unlawful under section 569.11(1), Florida Statutes (2004), for a person under eighteen to knowingly possess any tobacco product....

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A.C. v. State, 831 So. 2d 1280 (Fla. 3d DCA 2002).

Published | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 18564, 2002 WL 31828800

PER CURIAM. Affirmed. Minnesota v. Dickerson, 508 U.S. 366, 375-76 , 113 S.Ct. 2130 , 124 L.Ed.2d 334 (1993); B.W. v. State, 784 So.2d 1219 (Fla. 2d DCA 2001); § 569.11(1), Fla....

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B.W. v. State, 784 So. 2d 1219 (Fla. 2d DCA 2001).

Published | Florida 2nd District Court of Appeal | 2001 Fla. App. LEXIS 5124

...egulation, whether civil, criminal, or administrative. The possession of contraband means possessing any property, object, or thing that is against any law or ■regulation. In Florida, the legislative ban on minors possessing cigarettes is found in section 569.11(1), Florida Statutes (1999), which states in pertinent part: (1) It is unlawful for any person under 18 years of age to knowingly possess any tobacco product....

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