Can you buy disposable vapes in Florida in 2026?

It depends on the brand. Florida uses a Nicotine Dispensing Device (NDD) Directory that lists BANNED products rather than approved ones. If a disposable is on the banned list, it's illegal to sell. Refillable devices and open-system e-liquids are explicitly exempt from the directory and remain fully legal in all flavors.

How does Florida's NDD Directory differ from other states?

Florida's approach is the opposite of states like Wisconsin and North Carolina. Those states list only APPROVED products (everything else is banned). Florida lists only BANNED products (everything else is legal). This means new products are legal by default until specifically banned, and refillable/open systems are permanently exempt.

Are flavored vapes legal in Florida?

Yes. Florida has no flavor ban. All flavored e-liquids and refillable devices remain legal. Even flavored disposables are legal UNLESS the specific brand/product appears on the NDD banned list. The state explicitly exempted refillable and open systems from any restrictions.

Can you vape indoors in Florida?

Generally no. The Florida Clean Indoor Air Act (amended 2019) prohibits vaping in most enclosed indoor workplaces, restaurants, and public spaces. Exceptions include standalone bars that don't serve food, designated hotel smoking rooms, retail vape shops, and private residences.

Is there a vape tax in Florida?

No. Florida has NO state excise tax on vaping products. Only the standard 6% state sales tax applies, plus any local surtax (0.5-1.5% in most counties). This makes Florida one of the most affordable states for purchasing vaping products.

What are the penalties for selling banned disposables in Florida?

First and second offenses for selling NDD-banned products are misdemeanors with fines up to $1,000. However, a third offense for selling to underage buyers is classified as a third-degree FELONY in Florida, carrying up to 5 years in prison. This is among the harshest youth-access penalties in the US.

Can You Buy Disposable Vapes in Florida? 2026 Laws, NDD & Legal Options

Can You Buy Disposable Vapes in Florida? The Short Answer

Yes, unless the specific product is on Florida's banned list. Florida takes a unique approach - instead of listing approved products, it lists banned ones:

NDD Directory lists BANNED products - everything not on the list is legal
Refillable devices explicitly exempt - open systems, pod mods, box mods all legal
All flavored e-liquids legal - no flavor ban in Florida
Statewide indoor vaping ban under the Florida Clean Indoor Air Act
21+ with military exception (active duty 18-20 can purchase)
No state vape excise tax - only standard sales tax
Third underage sale = FELONY - among the harshest youth-access penalties nationally

Florida's banned-list approach means the market is far less restricted than states with approval-only directories. Most refillable products and many disposables remain available. For a comparison with stricter states, see our guide on states banning vapes.

US Vaping Laws

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See how Florida's laws compare across all 50 states

Florida's Vaping Laws: The Legal Framework

Florida's regulatory approach through HB 1007 is distinct from every other state's directory system.

Key Legislation

Law	Year	Effect
Florida Clean Indoor Air Act	2003 (amended 2019)	Included vaping in indoor smoking ban
T21 adoption	2021	State age raised to 21 (military exception)
HB 105	2022	Allowed local beach/park vaping restrictions
HB 1007	2024	Created NDD Directory (banned-list approach)
NDD Directory launched	Jan 2025	Initial banned product list published
NDD enforcement begins	March 2025	Retailers must comply

How Florida's NDD Directory Works (Banned-List Approach)

Florida's system is the opposite of Wisconsin and North Carolina:

Feature	Florida (NDD)	Wisconsin/NC
What's listed	BANNED products	APPROVED products
Unlisted products	Legal by default	Illegal by default
New products	Legal until banned	Illegal until approved
Refillable systems	Explicitly exempt	Must be on directory
Market impact	Less restrictive	More restrictive

The NDD Directory process:

DBPR identifies non-compliant disposable products
Products are reviewed for FDA status and safety concerns
Banned products are added to the NDD Directory
Retailers are notified of newly banned products
A sell-through period allows clearing existing inventory
Enforcement begins after the grace period

What's Legal vs. Illegal

Legal:

All refillable/open-system vaping devices (explicitly exempt)
All flavored e-liquids for refillable systems
Disposable vapes NOT on the NDD banned list
Pod systems with refillable or replaceable pods
Box mods, tanks, RDAs, RTAs, and all open systems
Nicotine salt e-liquids (all strengths, all flavors)
Online purchases with age verification

Illegal:

Specific disposable products listed on the NDD Directory
Selling any vape to anyone under 21 (except military 18-20)
Vaping in prohibited indoor locations
Selling without proper business licensing

What Can You Buy in Florida?

Fully Legal Products (Explicitly Exempt from NDD)

Refillable Devices:

Pod mods (SMOK Nord, Vaporesso XROS, GeekVape Aegis, Uwell Caliburn, etc.)
Box mod kits (all brands)
Rebuildable atomizers (RDAs, RTAs, RDTAs)
Squonk mods
All-in-one refillable systems

E-Liquids (All Flavors Legal):

Freebase nicotine (all strengths, all flavors)
Nicotine salt (all strengths, all flavors)
Tobacco, menthol, fruit, dessert, candy, beverage - all legal
All bottle sizes
All PG/VG ratios

Disposables NOT on the Banned List:

NJOY Daily
Vuse Go
Other compliant disposable brands
Check the NDD Directory to confirm specific products

Products on the NDD Banned List

The banned list primarily targets:

Disposable brands without FDA PMTA authorization
Products identified in FDA warning letters
Brands associated with youth use concerns
Products with safety/manufacturing concerns

Common banned brands (check current NDD for full list):

Select Elf Bar / EB Design products
Select Lost Mary products
Various unbranded/white-label disposables
Products from manufacturers with FDA enforcement actions

The Refillable Advantage in Florida

Florida's explicit exemption for refillable systems means:

Feature	Refillable	Disposable
Legal status	Always legal	Check NDD
Flavors	All available	Limited by NDD
Cost per puff	Much lower	Higher
Future-proof	Not subject to NDD	May be banned later
Selection	Unlimited	Decreasing

Where Can You Vape in Florida?

Unlike states like Texas and Wisconsin, Florida has a statewide indoor vaping ban under the Florida Clean Indoor Air Act.

Where Vaping Is Prohibited

All enclosed indoor workplaces
Restaurants (indoor areas)
Retail stores and shopping centers
Government buildings and courthouses
Public transportation
Schools, colleges, and universities
Hospitals and healthcare facilities
Common areas of apartment complexes and condos
Sports arenas and entertainment venues
Most hotel rooms (unless designated smoking room)

Where Vaping Is Permitted

Standalone bars (not serving food, separate ventilation)
Retail tobacco/vape shops (primary business is tobacco sales)
Designated hotel smoking rooms (if hotel offers them)
Private residences
Private vehicles
Outdoors (unless local beach/park restriction applies)

Outdoor Restrictions (HB 105, 2022)

Since 2022, local governments can restrict vaping in outdoor public areas:

Location Type	Can Cities Restrict?	Common Status
Public beaches	Yes (HB 105)	Many now restrict
City parks	Yes (HB 105)	Varies by city
Sidewalks	Generally no	Usually permitted
Outdoor dining	City-dependent	Some restrict
Sports fields	Yes	Most restrict

City-Specific Outdoor Rules

City	Beach/Park Restriction
Miami Beach	Banned on beach (since 2023)
Fort Lauderdale	Banned on public beaches
Clearwater	Banned on beach and pier
Tampa	Banned in city parks
Orlando	Banned in most city parks
Jacksonville	Select beaches only
Key West	Banned on Duval Street (parts)

Penalties for Violating Florida's Vaping Laws

NDD Directory Violations (Retailers)

Violation	Classification	Penalty
First sale of banned NDD product	2nd-degree misdemeanor	Up to $500 fine, 60 days jail
Second sale of banned NDD product	1st-degree misdemeanor	Up to $1,000 fine, 1 year jail
Third+ sale of banned NDD product	Enhanced penalties	Potential license revocation

Underage Sales (Especially Severe in Florida)

Offense	Classification	Penalty
First underage sale	Non-criminal citation	$500 fine
Second underage sale	2nd-degree misdemeanor	$500-$1,000 + possible license suspension
Third underage sale	3rd-degree FELONY	Up to 5 years prison + $5,000 fine

Florida's third-offense felony for underage sales is among the harshest in the nation. Most states cap youth-access violations at misdemeanor level.

Indoor Vaping Violations

Violation	Penalty
Vaping in prohibited area (individual)	$100 fine (first), $500 (repeat)
Business allowing indoor vaping	$500-$2,000 per violation
Repeat business violations	Up to $5,000 + potential closure

Enforcement Reality

The NDD system is new (enforcement began March 2025)
Initial focus is on wholesalers and distributors
Retailers are receiving warnings before citations in most cases
Indoor ban enforcement varies by county
Beach/park enforcement is generally warning-first
Underage sales are aggressively enforced (due to felony escalation)

Taxes and Costs

Florida has no vape excise tax, keeping prices low.

Tax Breakdown

Tax	Rate
State vape excise tax	None
State sales tax	6%
County discretionary surtax	0.5-1.5% (varies)
Total tax	6-7.5% sales tax only

Expected Prices

Product	Price Range
Refillable pod system	$25-$45
Box mod kit	$40-$85
30mL e-liquid (any flavor)	$12-$22
100mL e-liquid (any flavor)	$18-$30
NJOY Daily disposable	$7-$10
Replacement coils (5-pack)	$12-$18
Nicotine salt 30mL	$14-$24

Florida's prices are comparable to Texas and significantly lower than California or New York.

Florida vs. Other Southeast/Tourism States

State	Directory Type	Flavor Ban	Indoor Ban	Vape Tax	Age	Military Exception
Florida	Banned-list (NDD)	No	Yes (statewide)	None	21	Yes (18+)
Georgia	None	No	Partial	$0.05/mL	21	No
North Carolina	Approved-list	No	No statewide	$0.05/mL	21	No
South Carolina	None	No	No statewide	No excise	21	No
Alabama	None	No	No statewide	$0.08/mL	21	No
Texas	Origin ban	No	No statewide	None	21	Yes (18+)

Florida's banned-list approach is less restrictive than approval-list states but combines with a statewide indoor ban that Texas and the Carolinas lack.

Florida Vaping Laws: Key Takeaways

NDD bans specific products - Florida lists what's BANNED, not what's approved (opposite of WI/NC)
Refillable devices always legal - Open systems are explicitly exempt from the NDD
All flavors remain legal - No flavor ban; fruit, dessert, menthol all available for refillable systems
Statewide indoor ban - Florida Clean Indoor Air Act covers vaping in all enclosed public spaces
Beaches and parks can restrict - HB 105 allows cities to ban vaping in outdoor public areas
No state excise tax - Only 6-7.5% sales tax applies
Third underage sale = FELONY - Among the harshest youth-access penalties in the US
Military exception - Active duty 18-20 can legally purchase
New products are legal by default - Until specifically added to the NDD banned list
Bars are exempt - Standalone bars (no food service) can allow indoor vaping

References

If you're flying into Florida, review our guide on traveling with your vape for airport regulations and packing tips.

Looking for vaping laws in other states or countries? Check our complete vaping laws guide for more destinations.