Florida Statute 569.315 expressly preempts the regulation of the marketing, sale, and delivery of nicotine products and dispensing devices to the state, voiding most municipal ordinances on electronic cigarettes and vape shops.
Section 569.315, Florida Statutes, provides that the minimum purchase age and the regulation of the marketing, sale, and delivery of nicotine products and nicotine dispensing devices are 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 vape-specific retail standards, licensing add-ons, or product bans by cities and counties are preempted.
Local ordinances inconsistent with FS 569.315 are unenforceable; underlying state retailer offenses carry license discipline and fines under Chapter 569 and FS 877.112.
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