Miami cannot enforce its own tobacco or vape retailer licensing rules. Fla. Stat. Section 569.0025 preempts to the state of Florida the regulation of the marketing, sale, or delivery of tobacco products, with parallel preemption for nicotine products under Section 569.315. Retail tobacco and nicotine dealer permits are issued by the Florida Division of Alcoholic Beverages and Tobacco (ABT), not the City of Miami.
There is no City of Miami tobacco or vape retailer license, and the city has no legal authority to enact one. Under Fla. Stat. Section 569.0025, the Florida Legislature has expressly preempted to the state the establishment of the minimum age for purchasing or possessing, and the regulation for the marketing, sale, or delivery of, tobacco products. Section 569.315 contains parallel preemption language for nicotine products and nicotine dispensing devices, including electronic cigarettes. To sell tobacco at retail in the City of Miami, a business must hold a state-issued Retail Tobacco Products Dealer Permit under Fla. Stat. Section 569.003, applied for through the Florida Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco (ABT). Nicotine product retailers must hold a state Retail Nicotine Products Dealer Permit under Section 569.31. Florida law sets a uniform minimum sales age of 21 statewide. Miami may still apply lawful zoning to where tobacco/vape retailers locate, but the city cannot impose a separate retailer license, flavor ban, or age rule.
Because Fla. Stat. Section 569.0025 and Section 569.315 preempt local regulation of tobacco and nicotine product sales, no City of Miami citation can be issued for operating a tobacco or vape retailer without a city license, since no such license exists. Enforcement of retailer permits, underage sales (under 21), and product compliance is handled by the Florida Division of Alcoholic Beverages and Tobacco (ABT) and the U.S. Food and Drug Administration for federal flavor and authorization rules.
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