Florida Preempts Local Vape and Nicotine Dispenser Rules

Section 386.2125, Florida Statutes, provides that the regulation of the marketing, sale, and delivery of nicotine products and nicotine dispensing devices is expressly preempted to the state. Local governments may not adopt ordinances or rules regulating these products or the businesses that sell them. State law in Chapter 569 and Section 877.112 controls licensing and age-of-sale requirements for vape and nicotine retailers. Local zoning of general retail uses and indoor air rules under Section 386.204 still operate, but specific vape retail standards, licensing add-ons, or product bans by cities and counties are preempted.

Local ordinances inconsistent with FS 386.2125 are unenforceable; underlying state retailer offenses carry license discipline and fines under Chapter 569 and FS 877.112.