Florida Statute 386.2125 expressly preempts the regulation of nicotine products, nicotine dispensing devices, and vape retailing to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.
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.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Cape Coral, FL
Cape Coral §12-22 (Noise Control Ordinance, amended Dec 2019) prohibits noise plainly audible at 50 feet between 11 PM and 7 AM from any radio, TV, musical i...
Cape Coral, FL
Cape Coral Land Development Code Section 5.2.7 limits residential fences in the front setback, allows up to 6 feet in side and rear yards, and requires open ...
Cape Coral, FL
Dogs in Cape Coral must be under direct control on a leash not exceeding 8 feet in length under Lee County Animal Control Ordinance. Cape Coral Code Chapter ...
Cape Coral, FL
Cape Coral generally allows lawn ornaments, statues, flamingos, garden gnomes, and similar decorative items without a permit. Cape Coral Code Section 5.5.13 ...
Cape Coral, FL
Inflatable holiday displays (giant snowmen, Halloween figures, Easter bunnies) are not specifically regulated by Cape Coral's Code of Ordinances and are gene...
Cape Coral, FL
Cape Coral does not have a dedicated holiday-light ordinance and treats seasonal lighting as a normal residential accessory use, generally allowed without a ...
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