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After city attorney briefing, commission asks staff to study zoning options to limit smoke-shop clustering
Summary
City Attorney David Megitt briefed the Jacksonville Beach Planning Commission on state preemption of tobacco sales but noted municipalities can use zoning tools to restrict new smoke-shop locations; commissioners asked staff to research options and return recommended language and precedent examples for future consideration.
City Attorney David Megitt told the Planning Commission on March 23 that Florida law largely preempts local governments from regulating tobacco sales, but municipalities can use zoning to limit where certain tobacco retail formats (such as specialty "smoke shops") locate.
"In Florida, the state legislature has generally preempted local governments from regulating tobacco," Megitt said, and he noted the federal minimum purchase age was raised to 21 in 2019 and Florida codified a 21 minimum in 2021. He said municipalities retain authority to restrict smoking in places they own (for example public beaches…
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