Florida Statute 386.2125 preempts local regulation of nicotine products and dispensing devices, blocking cities and counties from banning flavored e-cigarettes, menthol, or other flavored tobacco at the retail level.
Florida law does not impose a statewide ban on flavored tobacco or vape products beyond federal restrictions on certain cartridge-based e-cigarettes. Section 386.2125 preempts the marketing, sale, and delivery of nicotine products and dispensing devices to the state, so local governments cannot prohibit flavored e-liquids, menthol cigarettes, or flavored cigars. Federal Family Smoking Prevention and Tobacco Control Act standards still apply through the FDA. Florida retailers must comply with state licensing under Chapter 569 and Section 877.112. Local efforts to enact flavor bans have been challenged and would conflict with the express preemption.
Local flavor bans inconsistent with FS 386.2125 are unenforceable; federal flavor restrictions are enforced by the FDA, not local governments.
Dunnellon, FL
Dunnellon sits within Marion County, which permits up to six hens (no roosters) on residentially zoned properties — but only if the parcel is in an unincorpo...
Marion County, FL
Marion County's Land Development Code controls residential lot intensity primarily through density and lot-size limits in Sec. 4.2.6 rather than a percentage...
Marion County, FL
In unincorporated Marion County, FL, prefab sheds 160 sq ft or smaller (e.g., 10×16) generally do not require a building permit, provided setback and zoning ...
Marion County, FL
In unincorporated Marion County, FL, residential setbacks come from the Land Development Code Sec. 4.2.6 (Table 4.2-4). R-1 lots without central water/sewer ...
See how Dunnellon's flavored tobacco bans rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.