Florida Smoking Law

In Florida, the legal age to purchase, possess, or consume tobacco or nicotine products is 21. This legal age standard includes both traditional cigarettes, smokeless tobacco products, and e-cigarettes.

An exemption exists for military personnel who are on active duty and are at least 18 years old.

Under Florida law:

• Anyone younger than 21 who is caught with tobacco or nicotine devices may face a penalty of either 16 hours of community service or a $25 fine.
• The person must also go to a state-approved anti-tobacco program if one is locally available.
• If the person is cited again within 12 weeks, they will be subject to additional $25 fines.
• Failure to complete the community service or address the fine could result in a 30-day driver’s license suspension.

The Florida Clean Indoor Air Act

The goal of the Florida Clean Indoor Air Act is to protect Floridians from second hand smoke and e-cigarette aerosol.

The Florida Legislature enacted the Clean Indoor Air Act in 1985, and in 2003 the Legislature passed a voter-approved amendment to prohibit smoking in workplaces that previously allowed smoking. Since passage of these laws, Florida largely prohibits smoking in most public and private businesses, including restaurants, with an exemption for some stand-alone bars.

In 2018, Florida voters approved a constitutional amendment to ban vaping and use of e-cigarettes in workplaces as well. The amendment does not restrict use of e-cigarettes and vaping devices inside private residences, retail tobacco shops, stand-alone bars, or hotel rooms where smoking is allowed.