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Florida Statutes (Last Updated: April 21, 2021) |
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TITLE XXXIV. ALCOHOLIC BEVERAGES AND TOBACCO |
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CHAPTER 569. TOBACCO PRODUCTS |
SECTION 569.101. Selling, delivering, bartering, furnishing, or giving tobacco products to persons under 18 years of age; criminal penalties; defense.
Latest version.
- 1(1) 2It is unlawful to sell, deliver, barter, furnish, or give, directly or indirectly, to any person who is under 18 years of age, any tobacco product.28(2) 29Any person who violates subsection (1) commits a misdemeanor of the second degree, punishable as provided in s. 47775.082 48or s. 50775.08351. However, any person who violates subsection (1) for a second or subsequent time within 1 year of the first violation, commits a misdemeanor of the first degree, punishable as provided in s. 84775.082 85or s. 87775.08388.89(3) 90A person charged with a violation of subsection (1) has a complete defense if, at the time the tobacco product was sold, delivered, bartered, furnished, or given:117(a) 118The buyer or recipient falsely evidenced that she or he was 18 years of age or older;135(b) 136The appearance of the buyer or recipient was such that a prudent person would believe the buyer or recipient to be 18 years of age or older; and164(c) 165Such person carefully checked a driver license or an identification card issued by this state or another state of the United States, a passport, or a United States armed services identification card presented by the buyer or recipient and acted in good faith and in reliance upon the representation and appearance of the buyer or recipient in the belief that the buyer or recipient was 18 years of age or older.
History.-ss. 1, 2, ch. 5716, 1907; RGS 5530; CGL 7696; s. 1083, ch. 71-136; s. 1, ch. 85-100; s. 218, ch. 91-224; s. 11, ch. 92-285; s. 1388, ch. 97-102; s. 3, ch. 97-162.
Note
Note.-Former s. 859.06.
