HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 1 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to hemp consumable THC products; 2 amending s. 500.03, F.S.; revising the definition of 3 the term "food"; amending s. 581.217, F.S.; revising 4 and providing definitions; providing for the 5 distribution and retail sale of hemp consumable THC 6 products; authorizing the Department of Agriculture 7 and Consumer Services to adopt rules; providing 8 penalties; providing for the certification of 9 independent laboratories by the department; requiring 10 the Department of Health to assist the Department of 11 Agriculture and Consumer Services in developing 12 specified rules; authorizing the department to take 13 certain actions against licensees and permittees; 14 creating s. 581.218, F.S.; providing definitions; 15 providing for mail order, Internet, and remote sales 16 of hemp consumable THC products; providing penalties; 17 creating s. 581.219, F.S.; providing for the seizure 18 and destruction of contraband hemp consumable THC 19 products; creating s. 581.220, F.S.; prohibiting the 20 ingestion of hemp consumable THC products near school 21 properties; providing exceptions; providing penalties; 22 amending ss. 565.04 and 565.045, F.S.; authorizing 23 specified businesses to sell hemp consumable THC 24 products; amending ss. 569.006 and 569.35, F.S.; 25 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 2 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S conforming provisions to changes made by the act; 26 providing effective dates. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Effective January 1, 2026, paragraph (n) of 31 subsection (1) of section 500.03, Florida Statutes, is amended 32 to read: 33 500.03 Definitions; construction; ap plicability.— 34 (1) For the purpose of this chapter, the term: 35 (n) "Food" includes: 36 1. Articles used for food or drink for human consumption; 37 2. Chewing gum; 38 3. Articles used for components of any such article; 39 4. Articles for which health claims are made, which claims 40 are approved by the Secretary of the United States Department of 41 Health and Human Services and which claims are made in 42 accordance with s. 343(r) of the federal act, and which are not 43 considered drugs solely because their labels or labeling contain 44 health claims; 45 5. Dietary supplements as defined in 21 U.S.C. s. 46 321(ff)(1) and (2); and 47 6. Hemp consumable THC products extract as defined in s. 48 581.217(3) s. 581.217. 49 50 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 3 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S The term includes any raw, cooked, or processed edible 51 substance; ice; any beverage; or any ingredient used, intended 52 for use, or sold for human consumption. 53 Section 2. Effective January 1, 2026, subsections (10) 54 through (13) of section 581.217, Florida Statutes, are 55 renumbered as subsections (11) through (14), resp ectively, 56 subsections (3) and (7) and present subsections (10), (12), and 57 (13) are amended, and a new subsection (10) is added to that 58 section, to read: 59 581.217 State hemp program. — 60 (3) DEFINITIONS.—As used in this section, the term: 61 (a) "Attractive to children" means manufactured in the 62 shape of or packaged in containers or packages displaying 63 humans, cartoons, or animals, toys, or other features that 64 target children; manufactured in a form or packaged in a 65 container or package that bears any reasonable resemblance to an 66 existing candy or snack product that is familiar to the public ; 67 manufactured in a form or packaged in a container or package 68 that bears any reasonable resemblance to a as a widely 69 distributed, branded food product suc h that the a product could 70 be mistaken for the branded food product, especially by 71 children; or containing any color additives. 72 (b) "Certifying agency" has the same meaning as in s. 73 578.011(8). 74 (c) "Cigarette" means any roll for smoking. 75 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 4 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (d)(c) "Contaminants unsafe for human consumption" 76 includes, but is not limited to, any microbe, fungus, yeast, 77 mildew, herbicide, pesticide, fungicide, residual solvent, 78 metal, or other contaminant found in any amount that exceeds any 79 of the accepted limitations as d etermined by rules adopted by 80 the Department of Health in accordance with s. 381.986, or other 81 limitation pursuant to the laws of this state, whichever amount 82 is less. 83 (e)(d) "Cultivate" means planting, watering, growing, or 84 harvesting hemp. 85 (f)(e) "Hemp" means the plant Cannabis sativa L. and any 86 part of that plant, including the seeds thereof, and all 87 derivatives, extracts, cannabinoids, isomers, acids, salts, and 88 salts of isomers thereof, whether growing or not, that has a 89 total delta-9-tetrahydrocannabinol concentration that does not 90 exceed 0.3 percent on a dry -weight basis, with the exception of 91 hemp consumable THC products extract, which may not exceed 0.3 92 percent total delta-9-tetrahydrocannabinol on a wet -weight 93 basis. 94 (g) "Hemp consumable THC product" means a substance or 95 compound intended for ingestion, containing more than trace 96 amounts of tetrahydrocannabinol derived from hemp or any other 97 source, or for inhalation which is derived from or contains 98 tetrahydrocannabinol derived from hemp or a ny other source, and 99 which does not contain controlled substances. The term does not 100 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 5 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S include synthetic cannabidiol or seeds or seed -derived 101 ingredients that are generally recognized as safe by the United 102 States Food and Drug Administration or marijuana use d for 103 medical purposes under s. 381.986. 104 (f) "Hemp extract" means a substance or compound intended 105 for ingestion, containing more than trace amounts of a 106 cannabinoid, or for inhalation which is derived from or contains 107 hemp and which does not contain con trolled substances. The term 108 does not include synthetic cannabidiol or seeds or seed -derived 109 ingredients that are generally recognized as safe by the United 110 States Food and Drug Administration. 111 (h)(g) "Independent testing laboratory" means a laboratory 112 that: 113 1. Does not have a direct or indirect interest in the 114 entity whose product is being tested; 115 2. Does not have a direct or indirect interest in a 116 facility that cultivates, processes, distributes, dispenses, or 117 sells hemp or hemp consumable THC produ cts extract in the state 118 or in another jurisdiction or cultivates, processes, 119 distributes, dispenses, or sells marijuana, as defined in s. 120 381.986; and 121 3. Is certified by the Department of Health as a medical 122 marijuana testing laboratory pursuant to s. 3 81.988 or is 123 certified by the department pursuant to subsection (10) as being 124 substantially equivalent to a medical marijuana testing 125 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 6 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S laboratory accredited by a third -party accrediting body as a 126 competent testing laboratory pursuant to ISO/IEC 17025 of the 127 International Organization for Standardization . 128 (i) "Manufacturer" means any person or entity that engages 129 in the process of manufacturing, preparing, or packaging hemp 130 consumable THC products. 131 (j) "Retailer" means any person or entity that sells hemp 132 consumable THC products to consumers. 133 (k) "Vapor-generating electronic device" means any device 134 or product that employs an electronic, chemical, or mechanical 135 means of producing vapor or aerosol from a hemp consumable THC 136 product or any other substance, including, but not limited to, 137 an electronic cigarette, electronic cigar, electronic cigarillo, 138 electronic pipe, or other similar device or product; any 139 replacement cartridge for such device or product; and any other 140 container of a solution or other subst ance intended to be used 141 with or within such device or product. 142 (l) "Wholesaler" means any person or entity located within 143 or outside this state which delivers or sells hemp consumable 144 THC products to retailers or other persons for purposes of 145 resale. 146 (7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC 147 PRODUCTS EXTRACT.— 148 (a) Hemp consumable THC products extract may only be 149 distributed and sold in the state if the product: 150 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 7 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1. Has a certificate of analysis prepared by an 151 independent testing labora tory that states: 152 a. The hemp consumable THC product extract is the product 153 of a batch tested by the independent testing laboratory; 154 b. The batch contained a total delta -9-155 tetrahydrocannabinol concentration that did not exceed 0.3 156 percent pursuant to t he testing of a random sample of the batch; 157 c. The batch does not contain contaminants unsafe for 158 human consumption; and 159 d. The batch was processed in a facility that holds a 160 current and valid permit issued by a human health or food safety 161 regulatory entity with authority over the facility, and that 162 facility meets the human health or food safety sanitization 163 requirements of the regulatory entity. Such compliance must be 164 documented by a report from the regulatory entity confirming 165 that the facility meets such requirements. 166 2. Was tested by an independent testing laboratory and the 167 laboratory's certificate of analysis states: 168 a. The hemp consumable THC product was tested for: 169 (I) Cannabinoids. 170 (II) Heavy metals. 171 (III) Mycotoxins. 172 (IV) Pesticides. 173 (V) Residual solvents. 174 (VI) Any other controlled substance. 175 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 8 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (VII) Any other substance the department deems necessary. 176 b. The hemp consumable THC product contained a total 177 delta-9-tetrahydrocannabinol concentration that did not exceed 178 0.3 percent pursuant to the testing of a sample of the hemp 179 consumable THC product. 180 c. The hemp consumable THC product contained 181 tetrahydrocannabinol that did not exceed the limitations in this 182 subsection. 183 d. The product does not contain contaminants uns afe for 184 human consumption. 185 e. Manufacturers, wholesalers, and retailers are required 186 to have their hemp consumable THC products tested by an 187 independent testing laboratory. A wholesaler or retailer is not 188 required to test its hemp consumable THC products if the 189 product: 190 (I) Is packaged in a manner that may be sold to the 191 ultimate consumer when the wholesaler or retailer receives the 192 product from the manufacturer or wholesaler; 193 (II) Was tested in accordance with this paragraph by the 194 manufacturer or wholesaler; and 195 (III) Has not been opened by the wholesaler or retailer. 196 3.2. Is distributed or sold in a container and package 197 that includes: 198 a. A scannable barcode or quick response code linked to 199 the certificate of analysis of the hemp consumable THC product 200 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 9 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S extract batch by an independent testing laboratory; 201 b. The hemp consumable THC product batch number; 202 c. The Internet address of a website where batch 203 information may be obtained; 204 d. The expiration date of the hemp consumable THC product ; 205 and 206 e. The number of milligrams of each marketed cannabinoid 207 per serving. 208 4.3. Is distributed or sold in a container and package 209 that: 210 a. Is suitable to contain products for human consumption; 211 b. Is composed of materials designed to minimize exposure 212 to light; 213 c. Mitigates exposure to high temperatures; 214 d. Is a single color and not transparent. However, the 215 universal symbol, scannable barcode, quick response code, and 216 any text must be a different color than the container and 217 package; 218 e. Does not contain any pictures or images other than a 219 single logo, which may not be attractive to children and may not 220 cover more than 20 percent of the container or package; 221 f. Does not contain any text, pictures, or images that 222 directly or indirectly state the product causes or may cause an 223 intoxicating or psychoactive effect; 224 g. Contains a clear and conspicuous warning on the front 225 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 10 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of the package and container which is developed by the 226 department and states the product contains tetrahydrocannabinol; 227 h. Contains a hemp consumable THC product universal symbol 228 developed by the department; 229 i. Contains the number of milligrams of 230 tetrahydrocannabinol in the container and package and the amount 231 in each individual serving in a clear and conspicuous manner; 232 j.d. Is not attractive to children; and 233 k.e. Is compliant with the United States Poison Prevention 234 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 235 regard to provided exemptions. For purposes of this sub -236 subparagraph, a beverage in a sealed container is considered 237 compliant with the United States Poison Prevention Packaging Act 238 of 1970, 15 U.S.C. ss. 1471 et seq. 239 (b) Hemp consumable THC products may only be sold at 240 retail subject to the following limitations: 241 1. Beverages may not: 242 a. Contain more than 5 milligrams of tetrahydrocannabinol 243 per 6 ounces. 244 b. Be in a container that holds more than 12 ounces. 245 c. Be in a package with more than 10 containers per 246 package. 247 2. Cigarettes and vapor -generating electronic devices may 248 not: 249 a. Contain more than 1 gram. 250 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 11 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S b. Contain more than 2.5 milligrams of 251 tetrahydrocannabinol per gram. 252 c. Be in a container that holds more than 20 cigarettes or 253 vapor-generating electronic devices. 254 d. Be in a package that contains more than one container. 255 3. Edibles may not: 256 a. Contain more than 2.5 milligrams of 257 tetrahydrocannabinol per gram. 258 b. Contain more than 2 grams and must be individually 259 wrapped. 260 c. Be in a container with more than 20 edibles. 261 d. Be in a package that contains more than one container. 262 4. Tinctures may not: 263 a. Contain more than 100 milligrams of 264 tetrahydrocannabinol per 35 grams. 265 b. Be in a container that holds more than 35 grams. 266 c. Be in a package that holds more than one container. 267 268 This paragraph is repealed Decem ber 31, 2028. 269 (c) Effective January 1, 2029, hemp consumable THC 270 products may only be sold at retail subject to the following 271 limitations: 272 1. Beverages may not: 273 a. Contain more than 2.5 milligrams of 274 tetrahydrocannabinol per 6 ounces. 275 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 12 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S b. Be in a container that holds more than 12 ounces. 276 c. Be in a package with more than 10 containers per 277 package. 278 2. Cigarettes and vapor -generating electronic devices may 279 not: 280 a. Contain more than 1 gram. 281 b. Contain more than 1.25 milligrams of 282 tetrahydrocannabinol per gram. 283 c. Be in a container that holds more than 20 cigarettes or 284 vapor-generating electronic devices. 285 d. Be in a package that contains more than one container. 286 3. Edibles may not: 287 a. Contain more than 1.25 milligrams of 288 tetrahydrocannabinol per gram. 289 b. Contain more than 2 grams and must be individually 290 wrapped. 291 c. Be in a container with more than 20 edibles. 292 d. Be in a package that contains more than one container. 293 4. Tinctures may not: 294 a. Contain more than 50 mil ligrams of tetrahydrocannabinol 295 per 35 grams. 296 b. Be in a container that holds more than 35 grams. 297 c. Be in a package that holds more than one container. 298 (d) Paragraph (c) does not limit the amount of cannabidiol 299 allowed in hemp consumable THC product s. 300 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 13 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (e) The retail sale and delivery of hemp consumable THC 301 products is prohibited, except: 302 1. At establishments that have a food permit from the 303 department and prohibit the presence of persons under 21 years 304 of age on the establishment's premises; 305 2. At establishments that have a food permit from the 306 department and have a quota license issued under s. 307 565.02(1)(a)-(f). Establishments with a quota license issued 308 under s. 565.02(1)(a) -(f) which allow the presence of persons 309 under 21 years of age on the establishment's premises must place 310 hemp consumable THC products, not including beverages, in an 311 area inaccessible to customers. Such establishments may place 312 hemp consumable THC products, not including beverages, in an 313 open display unit as long as the un it is located in an area that 314 is inaccessible to customers; or 315 3. In accordance with the mail order, Internet, and remote 316 sales of hemp consumable THC products requirements in s. 317 581.218. 318 (f) Hemp consumable THC products may not be sold, given, 319 bartered, furnished, or delivered to consumers at wholesale or 320 at festivals, fairs, trade shows, farmers markets, expositions, 321 or pop-up retail establishments. 322 (g)(b) Hemp consumable THC products extract may only be 323 sold to a business in this state if that busi ness is properly 324 permitted as required by this section. 325 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 14 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (h)(c) Hemp consumable THC products extract distributed or 326 sold in this state are is subject to the applicable requirements 327 of chapter 500, chapter 502, or chapter 580. 328 (i) A person or entity may not sell, deliver, barter, 329 give, or furnish hemp consumable THC products that total more 330 than 100 milligrams of tetrahydrocannabinol to a person in a 24 -331 hour period unless the person receiving the hemp consumable THC 332 products is receiving the products on b ehalf of a cultivator, 333 manufacturer, wholesaler, or retailer for resale. 334 (j)(d) Hemp consumable THC products that are intended for 335 human ingestion or inhalation and that contain hemp extract , 336 including, but not limited to, snuff, chewing gum, and other 337 smokeless products, may not be sold , delivered, bartered, given, 338 or furnished in this state to a person who is under 21 years of 339 age. 340 (k) For a first violation of this subsection, a person who 341 violates this paragraph commits a misdemeanor of the second 342 degree, punishable as provided in s. 775.082 or s. 775.083. A 343 person who commits a second or subsequent violation of this 344 subsection paragraph within 12 months 1 year after the first 345 initial violation commits a misdemeanor of the first degree, 346 punishable as provided in s. 775.082 or s. 775.083. A person who 347 commits a third or subsequent violation within 12 months after 348 the second violation commits a felony of the third degree, 349 punishable as provided in s. 775.082 or s. 775.083. 350 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 15 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (l)(e) In addition to paragra ph (k), hemp consumable THC 351 products extract distributed or sold in violation of this 352 subsection are is subject to s. 500.172 and penalties as 353 provided in s. 500.121. Hemp consumable THC extract products 354 found to be mislabeled or in violation of subsection (7) 355 attractive to children are subject to an immediate stop -sale 356 order. 357 (10) CERTIFICATION OF INDEPENDENT LABORATORIES BY THE 358 DEPARTMENT.— 359 (a) The department must certify any laboratory located in 360 this state or another state which meets the qualificat ions of an 361 independent testing laboratory. However, a medical marijuana 362 testing laboratory certified pursuant to s. 381.988 is not 363 required to receive certification by the department. 364 (b) The department must adopt rules establishing the 365 standards for certification and must adopt rules for the testing 366 and reporting of hemp consumable THC products under this 367 section. The Department of Health must assist the department in 368 developing the rules for the certification of independent 369 testing laboratories, which m ust include, but are not limited 370 to: 371 1. Security standards. 372 2. Minimum standards for personnel. 373 3. Sample collection method and process standards. 374 4. Proficiency testing for tetrahydrocannabinol potency, 375 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 16 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S concentration of cannabidiol, and contaminants unsafe for human 376 consumption, as determined by department rule. 377 5. Reporting content, format, and frequency. 378 6. Audits and onsite inspections. 379 7. Quality assurance. 380 8. Equipment and methodology. 381 9. Chain of custody. 382 10. Any other standard the department deems necessary. 383 (c) The department shall adopt rules establishing a 384 procedure for initial certification and biennial renewal. The 385 department shall renew the certification biennially if the 386 laboratory meets the requirements of thi s section or any rules 387 adopted under this subsection. 388 (d) The department shall publish on its website a list of 389 all laboratories that have received certification. 390 (e) The department may refuse to issue or renew, or may 391 suspend or revoke, the certificat ion of a laboratory that is 392 found to be in violation of this section or any rules adopted 393 under this subsection. 394 (f) Any laboratory that receives certification under this 395 subsection from the department agrees to random unannounced 396 audits and onsite inspe ctions by the department or agents 397 thereof. 398 (11)(10) VIOLATIONS.— 399 (a) A licensee must complete a corrective action plan if 400 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 17 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the department determines that the licensee has negligently 401 violated this section or department rules, including 402 negligently: 403 1. Failing to provide the legal land description and 404 global positioning coordinates pursuant to subsection (5); 405 2. Failing to obtain a proper license or other required 406 authorization from the department; or 407 3. Producing Cannabis sativa L. that has a tota l delta-9-408 tetrahydrocannabinol concentration that exceeds 0.3 percent on a 409 dry-weight basis. 410 (b) The corrective action plan must include: 411 1. A reasonable date by which the licensee must correct 412 the negligent violation; and 413 2. A requirement that the l icensee periodically report to 414 the department on compliance with this section and department 415 rules for a period of at least 2 calendar years after the date 416 of the violation. 417 (c) A licensee who negligently violates the corrective 418 action plan under this su bsection three times within 5 years is 419 ineligible to cultivate hemp for 5 years following the date of 420 the third violation. 421 (d) If the department determines that a licensee has 422 violated this section or department rules with a culpable mental 423 state greater than negligence, the department shall immediately 424 report the licensee to the Attorney General and the United 425 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 18 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S States Attorney General. 426 (e) In addition to any other penalties provided by law, 427 the department may take any of the following actions against an y 428 person licensed or permitted by the department for a violation 429 of this section: 430 1. Place on probation or reprimand the licensee or 431 permittee. 432 2. Revoke, suspend, or deny the issuance or renewal of the 433 license or permit. 434 3. Impose an administrative fine not to exceed $5,000 per 435 violation or assess costs associated with investigation and 436 prosecution. 437 (13)(12) RULES.—The department shall adopt rules to 438 administer the state hemp program. The rules must provide for: 439 (a) A procedure that uses post-decarboxylation or other 440 similarly reliable methods for testing the delta -9-441 tetrahydrocannabinol concentration of cultivated hemp. 442 (b) A procedure for the effective disposal of plants, 443 whether growing or not, that are cultivated in violation of this 444 section or department rules, and products derived from those 445 plants. 446 (c) Packaging and labeling requirements that ensure that 447 hemp consumable THC products are not in violation of subsection 448 (7) extract intended for human ingestion or inhalation is not 449 attractive to children . 450 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 19 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (d) Advertising regulations that ensure that hemp 451 consumable THC products extract intended for human ingestion or 452 inhalation are is not marketed or advertised in a manner that 453 specifically targets or is attractive to children. 454 (14)(13) APPLICABILITY.—Notwithstanding any other law: 455 (a) This section does not authorize a licensee to violate 456 any federal or state law or regulation. 457 (b) This section does not apply to a pilot project 458 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 459 (c) A licensee who negligently violates this section or 460 department rules is not subject to any criminal or civil 461 enforcement action by the state or a local government other than 462 the enforcement of violations of this section as authorized 463 under subsection (11) (10). 464 Section 3. Effective January 1, 2026, section 581.218, 465 Florida Statutes, is created to read: 466 581.218 Mail order, Internet, and remote sales of hemp 467 consumable THC products. — 468 (1) As used in this section, the term: 469 (a) "Consumer" means a person in this state who comes into 470 possession of any hemp consumable THC products and who, at the 471 time of possession, does not intend to sell or distribute the 472 hemp consumable THC products or is not a retailer. 473 (b) "Delivery sale" means any sale of a hemp consumable 474 THC product to a consumer in the state for which: 475 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 20 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 1. The consumer submits the order for the sale by 476 telephonic or other voice transmission, mail, delivery service, 477 or the Internet or other online service; or 478 2. The hemp consumable THC products are delivered by use 479 of mail or a delivery service. 480 (c) "Delivery service" means any person engaged in the 481 commercial delivery of letters, packages, or other containers. 482 (d) "Hemp consumable THC product" has the same meaning as 483 in s. 581.217(3). 484 (e) "Legal minimum purchase age" means the minimum age at 485 which an individual may legally purchase hemp consumable THC 486 products in this state. 487 (f) "Retailer" has the same meaning as in s. 581.217(3). 488 (g) "Shipping container" means a cont ainer in which hemp 489 consumable THC products are shipped in connection with a 490 delivery sale. 491 (h) "Shipping document" means a bill of lading, airbill, 492 United States Postal Service form, or any other document used to 493 verify the undertaking by a delivery ser vice to deliver letters, 494 packages, or other containers. 495 (i) "Wholesaler" has the same meaning as in s. 581.217(3). 496 (2)(a) The sale of hemp consumable THC products 497 constituting a delivery sale under paragraph (1)(b) is a 498 delivery sale regardless of whet her the person accepting the 499 order for the delivery sale is located within or outside this 500 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 21 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state. 501 (b) A retailer must obtain a food permit from the 502 department under chapter 500 before accepting an order for a 503 delivery sale of hemp consumable THC products . 504 (c) A person may not make a delivery sale of hemp 505 consumable THC products to any individual who is not 21 years of 506 age or older. 507 (d) Each person accepting an order for a delivery sale of 508 hemp consumable THC products must comply with all of the 509 following: 510 1. The age verification requirements of subsection (3). 511 2. The disclosure requirements of subsection (4). 512 3. The shipping requirements of subsection (5). 513 (3) A person may not mail, ship, or otherwise deliver hemp 514 consumable THC products in connection with an order for a 515 delivery sale unless, before the first delivery to the consumer, 516 the person accepting the order for the delivery sale does all of 517 the following: 518 (a) Obtains from the person submitting the order a 519 certification that inclu des: 520 1. Reliable confirmation that the person is 21 years of 521 age or older; and 522 2. A statement signed by the person in writing and under 523 penalty of perjury which: 524 a. Certifies the address and date of birth of the person; 525 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 22 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and 526 b. Confirms that the per son wants to receive delivery 527 sales from a hemp consumable THC product retailer and 528 understands that, under the laws of the state, the following 529 actions are illegal: 530 (I) Signing another person's name to the certification. 531 (II) Selling hemp consumable T HC products to individuals 532 who are not 21 years of age or older. 533 (III) Purchasing hemp consumable THC products if the 534 person making the purchase is not 21 years of age or older. 535 (b) Makes a good faith effort to verify the information 536 contained in the certification provided by the individual 537 pursuant to paragraph (a) against a commercially available 538 database that may be reasonably relied upon for accurate age 539 information or obtains a photocopy or other image of a valid 540 government-issued identification ca rd stating the date of birth 541 or age of the individual. 542 (c) Provides to the individual, by electronic mail or 543 other means, a notice meeting the requirements of subsection 544 (4). 545 (d) If an order for hemp consumable THC products is made 546 pursuant to an adver tisement on the Internet, receives payment 547 for the delivery sale from the consumer by a credit or debit 548 card issued in the name of the consumer, or by personal or 549 company check of the consumer. 550 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 23 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (e) Submits, to each credit card acquiring company with 551 which the person has credit card sales, identification 552 information in an appropriate form and format so that the words 553 "Hemp consumable THC product" may be printed in the purchaser's 554 credit card statement when a purchase of hemp consumable THC 555 products is made by credit card payment. 556 (f) Makes a telephone call after 5 p.m. to the purchaser 557 confirming the order before shipping the hemp consumable THC 558 products. The telephone call may be a person -to-person call or a 559 recorded message. The person accepting the ord er for delivery 560 sale is not required to speak directly with a person and may 561 leave a message on an answering machine or through voicemail. 562 563 In addition to the requirements of this subsection, a person 564 accepting an order for a delivery sale of hemp consumab le THC 565 products may request that a consumer provide an e -mail address. 566 (4) The notice under paragraph (3)(c) must include 567 prominent and clearly legible statements that sales of hemp 568 consumable THC products are: 569 (a) Illegal if made to individuals who ar e not 21 years of 570 age or older. 571 (b) Restricted to those individuals who provide verifiable 572 proof of age pursuant to subsection (3). 573 (5) Each person who mails, ships, or otherwise delivers 574 hemp consumable THC products in connection with an order for a 575 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 24 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S delivery sale must: 576 (a) Ship hemp consumable THC products that comply with the 577 limitations on the retail sale of such products in s. 581.217. 578 (b) Ship hemp consumable THC products in a container that 579 complies with the container requirements of s. 518.21 7. 580 (c) Include as part of the shipping documents, in a clear 581 and conspicuous manner, the following statement: "Hemp 582 consumable THC product: Florida law prohibits shipping to 583 individuals under 21 years of age." 584 (d) Use a method of mailing, shipping, or delivery that 585 obligates the delivery service to require: 586 1. The individual submitting the order for the delivery 587 sale or another person 21 years of age or older who resides at 588 the individual's address to sign his or her name to accept 589 delivery of the shipping container. 590 2. Proof that the individual is the addressee, or an 591 individual who is 21 years of age or older designated by the 592 addressee, in the form of a valid, government -issued 593 identification card bearing a photograph of the individual who 594 signs to accept delivery of the shipping container. 595 596 If the person accepting a purchase order for a delivery sale 597 delivers the hemp consumable THC products without using a 598 delivery service, the person must comply with all of the 599 requirements of this section which apply to a delivery service. 600 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 25 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Any failure to comply with a requirement of this section 601 constitutes a violation thereof. 602 (6) This section does not apply to delivery sales of hemp 603 consumable THC products to a retailer or wholesaler. 604 (7) An individual who is 21 years of age or older who 605 knowingly violates any provision of this section commits a 606 misdemeanor of the second degree, punishable as provided in s. 607 775.082 or s. 775.083. 608 (8) The Attorney General, the Attorney General's designee, 609 or a state attorney may bring an action in the appropriate court 610 in the state to prevent or restrain violations of this section 611 by any person. 612 Section 4. Effective January 1, 2026, section 581.219, 613 Florida Statutes, is created to read: 614 581.219 Seizure and destruction of contraband hemp 615 consumable THC products. —All hemp consumable THC products, as 616 defined in s. 581.217(3), sold, offered for sale, delivered, or 617 distributed contrary to any provision of ss. 581.217 and 581.218 618 are declared to be contraband, are subject to seizure and 619 confiscation under the Florida Contraband Forfeiture Act by any 620 person whose duty it is to enforce those sections, and must be 621 disposed of as follows: 622 (1) A court having jurisdiction shall order the hemp 623 consumable THC products forfeited upo n a showing that, by a 624 preponderance of the evidence, the products were sold, offered 625 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 26 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S for sale, delivered, or distributed contrary to any provision of 626 ss. 581.217 and 581.218. Upon completion of any chapter 120 627 proceedings related to the seized hemp consum able THC products, 628 the court shall order the products destroyed except as provided 629 by applicable court orders. The officer who destroys the 630 products shall keep a record of the location where the products 631 were seized, the kinds and quantities of the product s destroyed, 632 and the time, place, and manner of the destruction of the 633 products and shall make a return under oath reporting such 634 destruction. 635 (2) The department or seizing law enforcement agency shall 636 keep a full and complete record of all products seiz ed under 637 this section showing: 638 (a) The exact kinds, quantities, and forms of the 639 products. 640 (b) The persons from whom the products were seized and to 641 whom they were delivered. 642 (c) By whose authority the products were seized, 643 delivered, and destroyed. 644 (d) The dates of the seizure, disposal, and destruction of 645 the products. 646 647 Records under this subsection must be open to inspection by all 648 persons charged with the enforcement of ss. 581.217 and 581.218. 649 (3) The cost of seizure, confiscation, and destru ction of 650 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 27 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S contraband hemp consumable THC products is borne by the person 651 from whom the products are seized. 652 (4) Except as otherwise provided in this section, the 653 procedures of the Florida Contraband Forfeiture Act apply to 654 this section. 655 Section 5. Effective January 1, 2026, section 581.220, 656 Florida Statutes, is created to read: 657 581.220 Ingesting hemp consumable THC products prohibited 658 near school property. — 659 (1) A person may not ingest hemp consumable THC products, 660 as defined in s. 581.217(3), in , on, or within 1,000 feet of the 661 real property comprising a public or private elementary, middle, 662 or secondary school between the hours of 6 a.m. and midnight. 663 This section does not apply to a person who is in a moving 664 vehicle or within a private residenc e. 665 (2) A law enforcement officer may issue a citation in such 666 form as prescribed by a county or municipality to any person who 667 violates this section. The citation must contain all of the 668 following: 669 (a) The date and time of issuance. 670 (b) The name and address of the person cited. 671 (c) The date and time the civil infraction was committed. 672 (d) The statute violated. 673 (e) The facts constituting the violation. 674 (f) The name and authority of the law enforcement officer. 675 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 28 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (g) The procedure for the person to follow to pay the 676 civil penalty, to contest the citation, or to appear in court. 677 (h) The applicable civil penalty if the person elects not 678 to contest the citation. 679 (3) Any person issued a citation pursuant to this section 680 is charged with a civil in fraction, punishable by a civil 681 penalty of up to $25, 50 hours of community service, or, where 682 available, successful completion of a school -approved, anti-683 drug, alternative-to-suspension program. 684 (4) Any person who fails to comply with the directions on 685 the citation waives his or her right to contest the citation, 686 and an order to show cause may be issued by the court. 687 Section 6. Effective January 1, 2026, subsection (1) of 688 section 565.04, Florida Statutes, is amended to read: 689 565.04 Package store restrictions.— 690 (1) Vendors licensed under s. 565.02(1)(a) shall not in 691 said place of business sell, offer, or expose for sale any 692 merchandise other than such beverages, and such places of 693 business shall be devoted exclusively to such sales; provided, 694 however, that such vendors shall be permitted to sell bitters; 695 grenadine; nonalcoholic mixer -type beverages, not to include 696 fruit juices produced outside this state; fruit juices produced 697 in this state; home bar and party supplies and equipment, 698 including but not limited to glassware and party -type foods; 699 miniatures of no alcoholic content; nicotine products; and 700 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 29 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S tobacco products. Such places of business shall have no openings 701 permitting direct access to any other building or room, except 702 to a private office o r storage room of the place of business 703 from which patrons are excluded. Vendors licensed under s. 704 565.02(1)(a) may sell hemp consumable THC products in accordance 705 with ss. 581.217 and 581.218. 706 Section 7. Effective January 1, 2026, paragraph (a) of 707 subsection (2) of section 565.045, Florida Statutes, is amended 708 to read: 709 565.045 Regulations for consumption on premises; penalty; 710 exemptions.— 711 (2)(a) There shall not be sold at such places of business 712 anything other than the beverages permitted, home bar and party 713 supplies and equipment (including , but not limited to, glassware 714 and party-type foods), cigarettes, hemp consumable THC products 715 in accordance with ss. 581.217 and 581.218, and what is 716 customarily sold in a restaurant. 717 Section 8. Section 569 .006, Florida Statutes, is amended 718 to read: 719 569.006 Retail tobacco products dealers; administrative 720 penalties.—The division may suspend or revoke the permit of the 721 dealer upon sufficient cause appearing of the violation of any 722 of the provisions of s. 581.217, s. 581.218, or this chapter, 723 including part II of this chapter if the dealer deals, at 724 retail, in nicotine products within the state or allows a 725 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 30 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S nicotine products vending machine to be located on its premises 726 within the state, by a dealer or by a dea ler's agent or 727 employee. The division may also assess and accept administrative 728 fines of up to $1,000 against a dealer for each violation. The 729 division shall deposit all fines collected into the General 730 Revenue Fund as collected. An order imposing an admin istrative 731 fine becomes effective 15 days after the date of the order. The 732 division may suspend the imposition of a penalty against a 733 dealer, conditioned upon the dealer's compliance with terms the 734 division considers appropriate. 735 Section 9. Section 569. 35, Florida Statutes, is amended to 736 read: 737 569.35 Retail nicotine product dealers; administrative 738 penalties.—The division may suspend or revoke the permit of a 739 dealer, including the retail tobacco products dealer permit of a 740 retail tobacco products dealer as defined in s. 569.002(4), upon 741 sufficient cause appearing of the violation of any of the 742 provisions of s. 581.217, s. 581.218, or this part, by a dealer, 743 or by a dealer's agent or employee. The division may also assess 744 and accept an administrative fine of up to $1,000 against a 745 dealer for each violation. The division shall deposit all fines 746 collected into the General Revenue Fund as collected. An order 747 imposing an administrative fine becomes effective 15 days after 748 the date of the order. The division ma y suspend the imposition 749 of a penalty against a dealer, conditioned upon the dealer's 750 HB 7027 2025 CODING: Words stricken are deletions; words underlined are additions. hb7027-00 Page 31 of 31 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S compliance with terms the division considers appropriate. 751 Section 10. Except as otherwise expressly provided in this 752 act, this act shall take effect July 1, 2025. 753