Selling tobacco or vaping products to someone under 21 is a serious offense in Florida. Many of these cases arise from sting operations, where law enforcement uses underage buyers to test whether businesses are complying with the law. Even if the sale was a mistake or a momentary lapse in judgment, Florida law treats these offenses seriously.

At Mesic Law, we assist clerks, store owners, and employees facing such charges, providing skilled legal representation to navigate these complex situations.

Florida Statutes § 569.101 and § 569.41: What You Need to Know

Florida Statute § 569.101 – Selling Tobacco Products to Minors

• Prohibited Conduct: It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person under 21 years of age, any tobacco product.
• Penalties:
  • First Offense: Misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  • Subsequent Offenses: Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
• Defenses: A person charged with a violation has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given:
  • The buyer falsely evidenced that they were 21 years of age or older.
  • The appearance of the buyer was such that a prudent person would believe the buyer to be 21 years of age or older.
  • The seller carefully checked a valid ID and acted in good faith.

Florida Statute § 569.41 – Selling Nicotine Products to Minors

• Prohibited Conduct: It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person under 21 years of age, any nicotine product.
• Penalties:
  • First Offense: Misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
  • Subsequent Offenses: Misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
• Defenses: A person charged with a violation has a complete defense if, at the time the nicotine product was sold, delivered, bartered, furnished, or given:
  • The buyer falsely evidenced that they were 21 years of age or older.
  • The appearance of the buyer was such that a prudent person would believe the buyer to be 21 years of age or older.
  • The seller carefully checked a valid ID and acted in good faith.

How Sting Operations Work

Most underage sales cases begin with a sting operation. Law enforcement or the Florida Division of Alcoholic Beverages and Tobacco may:

• Send an underage person into a store to attempt a purchase.
• Observe whether the clerk checks ID or makes the sale.
• Use marked bills, video, or audio recordings as evidence.

Many clerks are caught off guard in these situations. They may be busy, distracted, or believe the customer is older than they are. Unfortunately, a mistake in judgment can still lead to criminal charges.

Penalties for Selling to a Minor

Penalties depend on the product and circumstances but can include:

• Misdemeanor charges for selling tobacco or vaping products to a minor.
• Fines and possible jail time for repeat offenses.
• Suspension or loss of business license for store owners.
• Civil penalties if regulators pursue administrative action.

Even a first offense can leave you with a criminal record that impacts employment and future opportunities.

Contact Mesic Law

If you or your business has been accused of selling tobacco, vaping products, or other restricted items to a minor, don’t face it alone. Call Mesic Law today to schedule a consultation with Kate Mesic, Esq., an experienced Jacksonville criminal defense lawyer who understands these cases.