Florida Vending Machine Laws for Tobacco and Nicotine Products:
A Complete Compliance Guide:

To own and operate vape and nicotine pouch vending machines in the state of Florida, an owner or operator needs to obtain a Florida Dealers Nicotine Permit for each location.

Can install in 21+ areas or if non-21+, you need an operational lockout device.

Florida's laws governing the retail sale of tobacco and nicotine products through vending machines are comprehensive and strictly enforced. This guide aims to provide business owners, retailers, and vending machine operators with a detailed understanding of Florida Statutes Chapter 569, which regulates both tobacco and nicotine product sales. With increasing scrutiny on underage access and public health implications, compliance with these laws is not just a legal obligation but also a critical aspect of corporate responsibility. Whether you're a retailer, entrepreneur, or operator, understanding these regulations is essential not only for compliance but also for safeguarding your investment. Below is a detailed guide that breaks down the current rules, requirements, and best practices for operating a vape vending machine in Florida.

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Florida government resources for the most current regulations.

1. Tobacco Products (Part I, ss. 569.002 - 569.23)
2. Nicotine Products (Part II, ss. 569.31 - 569.45)

• Loose tobacco leaves
• Products made from tobacco leaves (e.g., cigars, cigarettes)
• Smoking pipes, cigarette wrappers, and related items used for smoking, chewing, or sniffing

Retailers wishing to sell tobacco products must comply with the following requirements:

• Obtain a retail tobacco products dealer permit from the Division of Alcoholic Beverages and Tobacco (ABT).
• Permit fee: Florida law sets an annual fee for tobacco dealer permits, which cannot exceed $50 (Section 569.003).
• Renewal: Permits are valid for one year, and businesses must renew them annually by January 15. Failure to renew on time results in a $5 per-month late fee (Section 569.003).

3. What Are Nicotine Products? (Section 569.31)Florida defines nicotine products under Section 569.31. These include:

• Nicotine dispensing devices (e.g., e-cigarettes, vape pens)
• Liquid nicotine, including products used for vaporizing
• Other nicotine-based consumables

Retailers must ensure they are properly licensed to sell these products. Similar to tobacco products, nicotine products cannot be sold to individuals under the age of 21 (Section 569.41).4. Retailer Permit Requirements (Sections 569.32 - 569.34)To legally sell either tobacco or nicotine products, retailers must obtain specific permits from the Division of Alcoholic Beverages and Tobacco (ABT). Here's a breakdown of the requirements:

• Retail Tobacco Products Dealer Permit: Retailers selling tobacco products must have this permit (Section 569.003).
• Retail Nicotine Products Dealer Permit: Retailers dealing in nicotine products must also have this permit (Section 569.32).

The process for obtaining a permit involves submitting an application, which includes:

• Business name and address
• Officers' or partners' names (for firms or corporations)
• Annual fee payment

Retailers must prominently display their permit at the point of sale (Section 569.003). If the permit is lost or destroyed, retailers can request a duplicate permit for a $15 fee (Section 569.003).

Florida Statute § 569.37 (2024): 

(1) In order to prevent persons under 21 years of age from purchasing or receiving nicotine products, the sale or delivery of nicotine 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

(b) Sales from a vending machine are prohibited under paragraph (a) and are only permissible from a machine that is equipped with an operational lockout device that 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 nicotine 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 nicotine product is dispensed at a time.

Self-Service & Display Restrictions

(2)(a) A dealer that sells nicotine products may not sell, permit to be sold, offer for sale, or display for sale such products or devices by means of self-service merchandising.

(b) A dealer that sells nicotine products may not place such products or devices in an open display unit unless the unit is located in an area that is inaccessible to customers.

Exception for 21+ Establishments

(3) The provisions of subsections (1) and (2) shall not apply to an establishment that prohibits persons under 21 years of age on the licensed premises.

Retail Tobacco/Nicotine Dealer Permit Requirements
Florida Statute § 569.003 (2024):

(1)(a) Each person, firm, association, or corporation that seeks to deal, at retail, in tobacco products within this state, or to allow a tobacco products vending machine to be located on its premises in this state, must obtain a retail tobacco products dealer permit for each place of business or the premises where tobacco products are sold.

Each retail dealer owning, leasing, furnishing, or operating vending machines through which tobacco products are sold must obtain a permit for each machine and shall post the permit in a conspicuous place on or near the machine; however, if the dealer has more than one vending machine at a single location or if tobacco products are sold both over the counter and through a vending machine at a single location, the dealer need obtain only one permit for that location.

(b) Application for a permit must be made on a form furnished by the division and must set forth the name under which the applicant transacts or intends to transact business, the address of the location of the applicant’s place of business within the state, and any other information the division requires...

(c) Permits shall be issued annually, upon payment of the annual permit fee prescribed by the division. The division shall fix the fee in an amount sufficient to meet the costs incurred by it in carrying out its permitting, enforcement, and administrative responsibilities under this part, but the fee may not exceed $50. The proceeds of the fee shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund.

(d) The holder of a permit may renew the permit each year, on or before January 15, upon payment of the annual permit fee. A dealer that does not timely renew its permit must pay a delinquent renewal fee of $5 for each month or portion of a month occurring after expiration...

Permit Application: Retailer Permit Requirements (Sections 569.32 - 569.34)

• To legally sell either tobacco or nicotine products, retailers must obtain specific permits from the Division of Alcoholic Beverages and Tobacco (ABT). Here's a breakdown of the requirements:
• Retail Tobacco Products Dealer Permit: Retailers selling tobacco products must have this permit (Section 569.003).
• Retail Nicotine Products Dealer Permit: Retailers dealing in nicotine products must also have this permit (Section 569.32).
• The process for obtaining a permit involves submitting an application, which includes:
• Business name and address
• Officers' or partners' names (for firms or corporations)
• Annual fee payment
• Retailers must prominently display their permit at the point of sale (Section 569.003). If the permit is lost or destroyed, retailers can request a duplicate permit for a $15 fee (Section 569.003).To apply, use the Florida Department of Business & Professional Regulation form:
• DBPR Form ABT-6028 - Retail Tobacco or Nicotine Products Dealer Permit

Additional Information

Online portal for permits, renewals, and information:

• RTPD / RNPD Permit Checklist
• DBPR Online Services Portal

Disclaimer: This page is intended for informational purposes only and should not be considered legal advice. Consult official Florida government resources for the most current regulations.