Florida Statutes 569.007 – Sale or delivery of tobacco products; restrictions
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(1) In order to prevent persons under 21 years of age from purchasing or receiving tobacco products, the sale or delivery of tobacco products is prohibited, except:
(a) When under the direct control or line of sight of the dealer or the dealer’s agent or employee; or
Terms Used In Florida Statutes 569.007
- Dealer: is synonymous with the term "retail tobacco products dealer. See Florida Statutes 569.002
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Tobacco products: includes loose tobacco leaves, and products made from tobacco leaves, in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing. See Florida Statutes 569.002
(b) Sales from a vending machine are prohibited under the provisions of paragraph (1)(a) and are only permissible from a machine that is equipped with an operational lockout device which is under the control of the dealer or the dealer’s agent or employee who directly regulates the sale of items through the machine by triggering the lockout device to allow the dispensing of one tobacco product. The lockout device must include a mechanism to prevent the machine from functioning if the power source for the lockout device fails or if the lockout device is disabled and a mechanism to ensure that only one tobacco product is dispensed at a time.
(2) The provisions of subsection (1) shall not apply to an establishment that prohibits persons under 21 years of age on the licensed premises.
(3) The provisions of subsection (1) shall not apply to the sale or delivery of cigars and pipe tobacco.
(4) A dealer or a dealer’s agent or employee must require proof of age of a purchaser of a tobacco product before selling the product to that person, unless the purchaser appears to be 30 years of age or older.