FL
Florida House Bill H7027

Florida 2025 Regular Session

Florida House Bill H7027 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to hemp consumable THC products; 2
1616 amending s. 500.03, F.S.; revising the definition of 3
1717 the term "food"; amending s. 581.217, F.S.; revising 4
1818 and providing definitions; providing for the 5
1919 distribution and retail sale of hemp consumable THC 6
2020 products; authorizing the Department of Agriculture 7
2121 and Consumer Services to adopt rules; providing 8
2222 penalties; providing for the certification of 9
23-independent laboratories by the department; 10
24-authorizing the department to take certain actions 11
25-against licensees and permittees; creating s. 581.218, 12
26-F.S.; providing definitions; providing for mail order, 13
27-Internet, and remote sales of hemp consumable THC 14
28-products; providing penalties; authorizing certain 15
29-legal actions; creating s. 581.219, F.S.; providing 16
30-for the seizure and destruction of contraband hemp 17
31-consumable THC products; creating s. 581.220, F.S.; 18
32-prohibiting the ingestion of hemp consumable THC 19
33-products near school properties; providing exceptions; 20
34-providing penalties; amending ss. 565.04 and 565.045, 21
35-F.S.; authorizing specified businesses to sell hemp 22
36-consumable THC products; amending ss. 569.006 and 23
37-569.35, F.S.; conforming provisions to changes made by 24
38-the act; providing an effective date. 25
23+independent laboratories by the department; requiring 10
24+the Department of Health to assist the Department of 11
25+Agriculture and Consumer Services in developing 12
26+specified rules; authorizing the department to take 13
27+certain actions against licensees and permittees; 14
28+creating s. 581.218, F.S.; providing definitions; 15
29+providing for mail order, Internet, and remote sales 16
30+of hemp consumable THC products; providing penalties; 17
31+creating s. 581.219, F.S.; providing for the seizure 18
32+and destruction of contraband hemp consumable THC 19
33+products; creating s. 581.220, F.S.; prohibiting the 20
34+ingestion of hemp consumable THC products near school 21
35+properties; providing exceptions; providing penalties; 22
36+amending ss. 565.04 and 565.045, F.S.; authorizing 23
37+specified businesses to sell hemp consumable THC 24
38+products; amending ss. 569.006 and 569.35, F.S.; 25
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4747 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
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51- 26
52-Be It Enacted by the Legislature of the State of Florida: 27
51+conforming provisions to changes made by the act; 26
52+providing effective dates. 27
5353 28
54- Section 1. Paragraph (n) of subsection (1) of section 29
55-500.03, Florida Statutes, is amended to read: 30
56- 500.03 Definitions; construction; applicability. — 31
57- (1) For the purpose of this chapter, the term: 32
58- (n) "Food" includes: 33
59- 1. Articles used for food or drink for human consumption; 34
60- 2. Chewing gum; 35
61- 3. Articles used for components of any such article; 36
62- 4. Articles for which health claims are made, which clai ms 37
63-are approved by the Secretary of the United States Department of 38
64-Health and Human Services and which claims are made in 39
65-accordance with s. 343(r) of the federal act, and which are not 40
66-considered drugs solely because their labels or labeling contain 41
67-health claims; 42
68- 5. Dietary supplements as defined in 21 U.S.C. s. 43
69-321(ff)(1) and (2); and 44
70- 6. Hemp consumable THC products extract as defined in s. 45
71-581.217(3) s. 581.217. 46
72- 47
73-The term includes any raw, cooked, or processed edible 48
74-substance; ice; any beverage; o r any ingredient used, intended 49
75-for use, or sold for human consumption. 50
54+Be It Enacted by the Legislature of the State of Florida: 29
55+ 30
56+ Section 1. Effective January 1, 2026, paragraph (n) of 31
57+subsection (1) of section 500.03, Florida Statutes, is amended 32
58+to read: 33
59+ 500.03 Definitions; construction; ap plicability.— 34
60+ (1) For the purpose of this chapter, the term: 35
61+ (n) "Food" includes: 36
62+ 1. Articles used for food or drink for human consumption; 37
63+ 2. Chewing gum; 38
64+ 3. Articles used for components of any such article; 39
65+ 4. Articles for which health claims are made, which claims 40
66+are approved by the Secretary of the United States Department of 41
67+Health and Human Services and which claims are made in 42
68+accordance with s. 343(r) of the federal act, and which are not 43
69+considered drugs solely because their labels or labeling contain 44
70+health claims; 45
71+ 5. Dietary supplements as defined in 21 U.S.C. s. 46
72+321(ff)(1) and (2); and 47
73+ 6. Hemp consumable THC products extract as defined in s. 48
74+581.217(3) s. 581.217. 49
75+ 50
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8484 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
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88- Section 2. Subsections (10) through (13) of section 51
89-581.217, Florida Statutes, are renumbered as subsections (11) 52
90-through (14), respectively, subsections (3) and (7) and present 53
91-subsections (10), (12), and (13) are amended, and a new 54
92-subsection (10) is added to that section, to read: 55
93- 581.217 State hemp program. — 56
94- (3) DEFINITIONS.—As used in this section, the term: 57
95- (a) "Attractive to children" means manufactured in the 58
96-shape of or packaged in containers or packages displaying 59
97-humans, cartoons, or animals, toys, or other similar features 60
98-that target children ; manufactured in a form or packaged in a 61
99-container or package that bears any reasonable resemblance to an 62
100-existing candy or snack product that is familiar to the public ; 63
101-manufactured in a form or packaged in a container or package 64
102-that bears any reasonable resemblance to a as a widely 65
103-distributed, branded food product such that the a product could 66
104-be mistaken for the branded food product, especially by 67
105-children; or containing any color additives . 68
106- (b) "Certifying agency" has the same meaning as in s. 69
107-578.011(8). 70
108- (c) "Cigarette" means any roll for smoking that contains 71
109-any hemp consumable THC products. 72
110- (d) "Consumer" means the end user of a hemp consumable THC 73
111-product who is a person in this state who comes into possession 74
112-of any hemp consumable THC products and who, at the time of 75
88+The term includes any raw, cooked, or processed edible 51
89+substance; ice; any beverage; or any ingredient used, intended 52
90+for use, or sold for human consumption. 53
91+ Section 2. Effective January 1, 2026, subsections (10) 54
92+through (13) of section 581.217, Florida Statutes, are 55
93+renumbered as subsections (11) through (14), resp ectively, 56
94+subsections (3) and (7) and present subsections (10), (12), and 57
95+(13) are amended, and a new subsection (10) is added to that 58
96+section, to read: 59
97+ 581.217 State hemp program. — 60
98+ (3) DEFINITIONS.—As used in this section, the term: 61
99+ (a) "Attractive to children" means manufactured in the 62
100+shape of or packaged in containers or packages displaying 63
101+humans, cartoons, or animals, toys, or other features that 64
102+target children; manufactured in a form or packaged in a 65
103+container or package that bears any reasonable resemblance to an 66
104+existing candy or snack product that is familiar to the public ; 67
105+manufactured in a form or packaged in a container or package 68
106+that bears any reasonable resemblance to a as a widely 69
107+distributed, branded food product suc h that the a product could 70
108+be mistaken for the branded food product, especially by 71
109+children; or containing any color additives. 72
110+ (b) "Certifying agency" has the same meaning as in s. 73
111+578.011(8). 74
112+ (c) "Cigarette" means any roll for smoking. 75
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121121 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
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125-possession, does not intend to sell or distribute the hemp 76
126-consumable THC products or is not a retailer. 77
127- (e)(c) "Contaminants unsafe for human consumption" 78
128-includes, but is not limited to, any microbe, fungus, yeast, 79
129-mildew, herbicide, pesticide, fungicide, residual solvent, 80
130-metal, or other contaminant found in any amount that exceeds any 81
131-of the accepted limitations as determined by rules adopted by 82
132-the Department of Health in accordance with s. 381.986, or other 83
133-limitation pursuant to the laws of this state, whichever amount 84
134-is less. 85
135- (f)(d) "Cultivate" means planting, watering, growing, or 86
136-harvesting hemp. 87
137- (g)(e) "Hemp" means the plant Cannabis sativa L. and any 88
138-part of that plant, including the seeds thereof, and all 89
139-derivatives, extracts, cannabinoids, isomers, acids, salts, and 90
140-salts of isomers thereof, whether growing or not, that has a 91
141-total delta-9-tetrahydrocannabinol concentration that does not 92
142-exceed 0.3 percent on a dry -weight basis, with the exception of 93
143-hemp consumable THC products extract, which may not exceed 0.3 94
144-percent total delta-9-tetrahydrocannabinol on a wet -weight 95
145-basis. 96
146- (h) "Hemp consumable THC product" means a substance or 97
147-compound intended for ingestion or inhalation, containing more 98
148-than trace amounts of a cannabinoid which is derived from, 99
149-consists of, or contains hemp or psychotropic cannabinoids. A 100
125+ (d)(c) "Contaminants unsafe for human consumption" 76
126+includes, but is not limited to, any microbe, fungus, yeast, 77
127+mildew, herbicide, pesticide, fungicide, residual solvent, 78
128+metal, or other contaminant found in any amount that exceeds any 79
129+of the accepted limitations as d etermined by rules adopted by 80
130+the Department of Health in accordance with s. 381.986, or other 81
131+limitation pursuant to the laws of this state, whichever amount 82
132+is less. 83
133+ (e)(d) "Cultivate" means planting, watering, growing, or 84
134+harvesting hemp. 85
135+ (f)(e) "Hemp" means the plant Cannabis sativa L. and any 86
136+part of that plant, including the seeds thereof, and all 87
137+derivatives, extracts, cannabinoids, isomers, acids, salts, and 88
138+salts of isomers thereof, whether growing or not, that has a 89
139+total delta-9-tetrahydrocannabinol concentration that does not 90
140+exceed 0.3 percent on a dry -weight basis, with the exception of 91
141+hemp consumable THC products extract, which may not exceed 0.3 92
142+percent total delta-9-tetrahydrocannabinol on a wet -weight 93
143+basis. 94
144+ (g) "Hemp consumable THC product" means a substance or 95
145+compound intended for ingestion, containing more than trace 96
146+amounts of tetrahydrocannabinol derived from hemp or any other 97
147+source, or for inhalation which is derived from or contains 98
148+tetrahydrocannabinol derived from hemp or a ny other source, and 99
149+which does not contain controlled substances. The term does not 100
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158158 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
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162-hemp consumable THC product may not contain controlled 101
163-substances listed in s. 893.03. The term does not include 102
164-synthetic cannabidiol or seeds or seed -derived ingredients that 103
165-are generally recognized as safe by the United States Food and 104
166-Drug Administration or marijuana used for medical purposes under 105
167-s. 381.986. 106
168- (f) "Hemp extract" means a substance or compound intended 107
169-for ingestion, containing more than trace amounts of a 108
170-cannabinoid, or for inhalation which is derived from or contains 109
171-hemp and which does not contain controlled substances. The term 110
172-does not include synthetic cannabidiol or seeds or seed -derived 111
173-ingredients that are generally recognized as safe by the United 112
174-States Food and Drug Administration. 113
175- (i)(g) "Independent testing laboratory" means a laborato ry 114
176-that: 115
177- 1. Does not have a direct or indirect interest in the 116
178-entity whose product is being tested; 117
179- 2. Does not have a direct or indirect interest in a 118
180-facility that cultivates, processes, distributes, dispenses, or 119
181-sells hemp or hemp consumable THC products extract in the state 120
182-or in another jurisdiction or cultivates, processes, 121
183-distributes, dispenses, or sells marijuana, as defined in s. 122
184-381.986; and 123
185- 3. Is certified by the Department of Health as a medical 124
186-marijuana testing laboratory pursuant to s. 381.988 or is 125
162+include synthetic cannabidiol or seeds or seed -derived 101
163+ingredients that are generally recognized as safe by the United 102
164+States Food and Drug Administration or marijuana use d for 103
165+medical purposes under s. 381.986. 104
166+ (f) "Hemp extract" means a substance or compound intended 105
167+for ingestion, containing more than trace amounts of a 106
168+cannabinoid, or for inhalation which is derived from or contains 107
169+hemp and which does not contain con trolled substances. The term 108
170+does not include synthetic cannabidiol or seeds or seed -derived 109
171+ingredients that are generally recognized as safe by the United 110
172+States Food and Drug Administration. 111
173+ (h)(g) "Independent testing laboratory" means a laboratory 112
174+that: 113
175+ 1. Does not have a direct or indirect interest in the 114
176+entity whose product is being tested; 115
177+ 2. Does not have a direct or indirect interest in a 116
178+facility that cultivates, processes, distributes, dispenses, or 117
179+sells hemp or hemp consumable THC produ cts extract in the state 118
180+or in another jurisdiction or cultivates, processes, 119
181+distributes, dispenses, or sells marijuana, as defined in s. 120
182+381.986; and 121
183+ 3. Is certified by the Department of Health as a medical 122
184+marijuana testing laboratory pursuant to s. 3 81.988 or is 123
185+certified by the department pursuant to subsection (10) as being 124
186+substantially equivalent to a medical marijuana testing 125
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195195 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
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199-certified by the department pursuant to subsection (10) as being 126
200-substantially equivalent to a medical marijuana testing 127
201-laboratory accredited by a third -party accrediting body as a 128
202-competent testing laboratory pursuant to ISO/IEC 17025 of the 129
203-International Organization for Standardization . 130
204- (j) "Inhalable" means any hemp consumable THC product 131
205-consumed through the mouth or nasal passages into the 132
206-respiratory system, including cigarettes, vapor or aerosol 133
207-produced from vapor-generated electronic devices, and hemp 134
208-flower. 135
209- (k) "Logo" means a design, image, phrase, symbol, or 136
210-trademark used by an entity to identify or advertise its 137
211-products. 138
212- (l) "Manufacturer" means any person or entity that engages 139
213-in the process of manufacturing, prepari ng, or packaging hemp 140
214-consumable THC products. The term also includes any person or 141
215-entity involved in hemp extraction. 142
216- (m) "Nonpsychotropic cannabinoid" means any cannabinoid, 143
217-including synthetic cannabinoids, that does not cause a 144
218-psychotropic effect w hen ingested or inhaled. The term includes 145
219-cannabidiol and any other cannabinoid defined as nonpsychotropic 146
220-by department rule. 147
221- (n) "Psychotropic cannabinoid" means any cannabinoid, 148
222-including synthetic cannabinoids, that causes or may cause a 149
223-psychotropic effect when ingested or inhaled. The term includes 150
199+laboratory accredited by a third -party accrediting body as a 126
200+competent testing laboratory pursuant to ISO/IEC 17025 of the 127
201+International Organization for Standardization . 128
202+ (i) "Manufacturer" means any person or entity that engages 129
203+in the process of manufacturing, preparing, or packaging hemp 130
204+consumable THC products. 131
205+ (j) "Retailer" means any person or entity that sells hemp 132
206+consumable THC products to consumers. 133
207+ (k) "Vapor-generating electronic device" means any device 134
208+or product that employs an electronic, chemical, or mechanical 135
209+means of producing vapor or aerosol from a hemp consumable THC 136
210+product or any other substance, including, but not limited to, 137
211+an electronic cigarette, electronic cigar, electronic cigarillo, 138
212+electronic pipe, or other similar device or product; any 139
213+replacement cartridge for such device or product; and any other 140
214+container of a solution or other subst ance intended to be used 141
215+with or within such device or product. 142
216+ (l) "Wholesaler" means any person or entity located within 143
217+or outside this state which delivers or sells hemp consumable 144
218+THC products to retailers or other persons for purposes of 145
219+resale. 146
220+ (7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC 147
221+PRODUCTS EXTRACT.— 148
222+ (a) Hemp consumable THC products extract may only be 149
223+distributed and sold in the state if the product: 150
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232232 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
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236-delta-8-tetrahydrocannabinol, delta -10-tetrahydrocannabinol, 151
237-hexahydrocannabinol, tetrahydrocannabinol acetate, 152
238-tetrahydrocannabiphorol, tetrahydrocannabivarin, and any other 153
239-cannabinoid defined as psych otropic by department rule. 154
240- (o) "Retailer" means any person or entity that sells hemp 155
241-consumable THC products to consumers. 156
242- (p) "Synthetic cannabinoid" means any cannabinoid created 157
243-by any process, other than a direct derivative from hemp and 158
244-without further reacting with other chemicals to increase the 159
245-concentration of a present cannabinoid or to create a new or 160
246-different cannabinoid not originally found in the extract or 161
247-hemp plant. 162
248- (q) "Vapor-generating electronic device" means any device 163
249-or product that employs an electronic, chemical, or mechanical 164
250-means of producing vapor or aerosol from a hemp consumable THC 165
251-product or any other substance, including, but not limited to, 166
252-an electronic cigarette, electronic cigar, electronic cigarillo, 167
253-electronic pipe, or other similar device or product; any 168
254-replacement cartridge for such device or product; and any other 169
255-container of a solution or other substance intended to be used 170
256-with or within such device or product. 171
257- (r) "Wholesaler" means any person or entit y located within 172
258-or outside this state which delivers or sells hemp consumable 173
259-THC products to retailers or other persons for purposes of 174
260-resale. 175
236+ 1. Has a certificate of analysis prepared by an 151
237+independent testing labora tory that states: 152
238+ a. The hemp consumable THC product extract is the product 153
239+of a batch tested by the independent testing laboratory; 154
240+ b. The batch contained a total delta -9-155
241+tetrahydrocannabinol concentration that did not exceed 0.3 156
242+percent pursuant to t he testing of a random sample of the batch; 157
243+ c. The batch does not contain contaminants unsafe for 158
244+human consumption; and 159
245+ d. The batch was processed in a facility that holds a 160
246+current and valid permit issued by a human health or food safety 161
247+regulatory entity with authority over the facility, and that 162
248+facility meets the human health or food safety sanitization 163
249+requirements of the regulatory entity. Such compliance must be 164
250+documented by a report from the regulatory entity confirming 165
251+that the facility meets such requirements. 166
252+ 2. Was tested by an independent testing laboratory and the 167
253+laboratory's certificate of analysis states: 168
254+ a. The hemp consumable THC product was tested for: 169
255+ (I) Cannabinoids. 170
256+ (II) Heavy metals. 171
257+ (III) Mycotoxins. 172
258+ (IV) Pesticides. 173
259+ (V) Residual solvents. 174
260+ (VI) Any other controlled substance. 175
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269269 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
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273- (7) DISTRIBUTION AND RETAIL SALE OF HEMP CONSUMABLE THC 176
274-PRODUCTS EXTRACT.— 177
275- (a) Hemp consumable THC product s extract may only be 178
276-distributed and sold in the state if the product in its final 179
277-form for sale at retail : 180
278- 1. Has a certificate of analysis prepared by an 181
279-independent testing laboratory that states all of the following : 182
280- a. The hemp consumable THC product in its final form for 183
281-sale at retail was extract is the product of a batch tested by 184
282-the independent testing laboratory .; 185
283- b. The product in its final form for sale at retail batch 186
284-contained a total delta -9-tetrahydrocannabinol concentration 187
285-that did not exceed 0.3 percent pursuant to the testing of a 188
286-random sample of the product in its final form for sale at 189
287-retail. batch; 190
288- c. The product in its final form for sale at retail 191
289-contained hemp and psychotropic cannabinoids that did not exceed 192
290-the limitations in paragraph (b). 193
291- d.c. The product in its final form for sale at retail 194
292-batch does not contain contaminants unsafe for human 195
293-consumption.; and 196
294- e. The product in its final form for sale at retail was 197
295-tested for and shows the results for each of the following as 198
296-provided by department rule: 199
297- (I) Cannabinoids. 200
273+ (VII) Any other substance the department deems necessary. 176
274+ b. The hemp consumable THC product contained a total 177
275+delta-9-tetrahydrocannabinol concentration that did not exceed 178
276+0.3 percent pursuant to the testing of a sample of the hemp 179
277+consumable THC product. 180
278+ c. The hemp consumable THC product contained 181
279+tetrahydrocannabinol that did not exceed the limitations in this 182
280+subsection. 183
281+ d. The product does not contain contaminants uns afe for 184
282+human consumption. 185
283+ e. Manufacturers, wholesalers, and retailers are required 186
284+to have their hemp consumable THC products tested by an 187
285+independent testing laboratory. A wholesaler or retailer is not 188
286+required to test its hemp consumable THC products if the 189
287+product: 190
288+ (I) Is packaged in a manner that may be sold to the 191
289+ultimate consumer when the wholesaler or retailer receives the 192
290+product from the manufacturer or wholesaler; 193
291+ (II) Was tested in accordance with this paragraph by the 194
292+manufacturer or wholesaler; and 195
293+ (III) Has not been opened by the wholesaler or retailer. 196
294+ 3.2. Is distributed or sold in a container and package 197
295+that includes: 198
296+ a. A scannable barcode or quick response code linked to 199
297+the certificate of analysis of the hemp consumable THC product 200
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310- (II) Heavy metals. 201
311- (III) Mycotoxins. 202
312- (IV) Pesticides. 203
313- (V) Residual solvents. 204
314- (VI) Any other controlled substance listed in s. 893.03. 205
315- f.d. The product in its final form for sale at retail 206
316-batch was processed in a facility that holds a current and valid 207
317-permit issued by a human health or food safety regulatory entity 208
318-with authority over the facility, and that facil ity meets the 209
319-human health or food safety sanitization requirements of the 210
320-regulatory entity. Such compliance must be documented by a 211
321-report from the regulatory entity confirming that the facility 212
322-meets such requirements. 213
323- g. The entity that hired the ind ependent testing agency to 214
324-test the hemp consumable THC product in its final form for sale 215
325-at retail. Manufacturers, wholesalers, and retailers are 216
326-required to have their hemp consumable THC products tested by an 217
327-independent testing laboratory in complianc e with this 218
328-paragraph. A wholesaler or retailer is not required to have its 219
329-hemp consumable THC products tested if the product: 220
330- (I) Is packaged in a manner that may be sold to the 221
331-consumer when the wholesaler or retailer receives the product 222
332-from the manufacturer or wholesaler; 223
333- (II) Was tested in accordance with this paragraph by the 224
334-manufacturer or wholesaler; and 225
310+extract batch by an independent testing laboratory; 201
311+ b. The hemp consumable THC product batch number; 202
312+ c. The Internet address of a website where batch 203
313+information may be obtained; 204
314+ d. The expiration date of the hemp consumable THC product ; 205
315+and 206
316+ e. The number of milligrams of each marketed cannabinoid 207
317+per serving. 208
318+ 4.3. Is distributed or sold in a container and package 209
319+that: 210
320+ a. Is suitable to contain products for human consumption; 211
321+ b. Is composed of materials designed to minimize exposure 212
322+to light; 213
323+ c. Mitigates exposure to high temperatures; 214
324+ d. Is a single color and not transparent. However, the 215
325+universal symbol, scannable barcode, quick response code, and 216
326+any text must be a different color than the container and 217
327+package; 218
328+ e. Does not contain any pictures or images other than a 219
329+single logo, which may not be attractive to children and may not 220
330+cover more than 20 percent of the container or package; 221
331+ f. Does not contain any text, pictures, or images that 222
332+directly or indirectly state the product causes or may cause an 223
333+intoxicating or psychoactive effect; 224
334+ g. Contains a clear and conspicuous warning on the front 225
335335
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343343 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
344344
345345
346346
347- (III) Has not been opened by the wholesaler or retailer. 226
348- 2. Is distributed or sold in a container and package that 227
349-includes: 228
350- a. A scannable barcode or quick response code linked to 229
351-the certificate of analysis of the hemp consumable THC product 230
352-extract batch by an independent testing laboratory; 231
353- b. The hemp consumable THC product batch number; 232
354- c. The Internet address of a we bsite where hemp consumable 233
355-THC product batch information may be obtained; 234
356- d. The expiration date of the hemp consumable THC product ; 235
357-and 236
358- e. The total number of milligrams of cannabinoids in the 237
359-container and package and the number of milligrams of 238
360-cannabinoids each marketed cannabinoid per serving in a clear 239
361-and conspicuous manner . 240
362- f. The toll-free telephone number for the national Poison 241
363-Help line. 242
364- 3. Is distributed or sold in a container and package that: 243
365- a. Is suitable to contain products for human consumption; 244
366- b. Is composed of materials designed to minimize exposure 245
367-to light; 246
368- c. Mitigates exposure to high temperatures; 247
369- d. Is a single color and not transparent. However, the 248
370-universal symbol, scannable barcode, quick response code, and 249
371-any text must be a different color than the container and 250
347+of the package and container which is developed by the 226
348+department and states the product contains tetrahydrocannabinol; 227
349+ h. Contains a hemp consumable THC product universal symbol 228
350+developed by the department; 229
351+ i. Contains the number of milligrams of 230
352+tetrahydrocannabinol in the container and package and the amount 231
353+in each individual serving in a clear and conspicuous manner; 232
354+ j.d. Is not attractive to children; and 233
355+ k.e. Is compliant with the United States Poison Prevention 234
356+Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 235
357+regard to provided exemptions. For purposes of this sub -236
358+subparagraph, a beverage in a sealed container is considered 237
359+compliant with the United States Poison Prevention Packaging Act 238
360+of 1970, 15 U.S.C. ss. 1471 et seq. 239
361+ (b) Hemp consumable THC products may only be sold at 240
362+retail subject to the following limitations: 241
363+ 1. Beverages may not: 242
364+ a. Contain more than 5 milligrams of tetrahydrocannabinol 243
365+per 6 ounces. 244
366+ b. Be in a container that holds more than 12 ounces. 245
367+ c. Be in a package with more than 10 containers per 246
368+package. 247
369+ 2. Cigarettes and vapor -generating electronic devices may 248
370+not: 249
371+ a. Contain more than 1 gram. 250
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380380 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
381381
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384-package, and any text must be in black or white. This sub -251
385-subparagraph does not apply to beverage containers and packages; 252
386- e. Does not contain any pictures or images other than a 253
387-single logo. The logo may not be attractive to children and may 254
388-not cover more than 20 percent of the container or package. This 255
389-sub-subparagraph does not apply to beverage containers and 256
390-packages. However, beverage containers and packages may not 257
391-contain a logo that is attr active to children; 258
392- f. Does not contain any text, pictures, or images that 259
393-directly or indirectly markets the product as causing or may 260
394-cause an intoxicating or psychotropic effect. This sub -261
395-subparagraph does not apply to the warning and symbol 262
396-requirements provided in sub-subparagraphs g. and h.; 263
397- g. Contains a clear and conspicuous warning on the front 264
398-of the package and container which is developed by the 265
399-department and states the product contains cannabinoids. The 266
400-warning is not required for hemp consumable THC products that 267
401-only contain nonpsychotropic cannabinoids; 268
402- h. Contains a hemp consumable THC product universal symbol 269
403-as provided in ASTM D8441/D8441M -22; 270
404- i.d. Is not attractive to children; and 271
405- j.e. Is compliant with the United States P oison Prevention 272
406-Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 273
407-regard to provided exemptions. However, for purposes of this 274
408-sub-subparagraph, a beverage in a sealed container is considered 275
384+ b. Contain more than 2.5 milligrams of 251
385+tetrahydrocannabinol per gram. 252
386+ c. Be in a container that holds more than 20 cigarettes or 253
387+vapor-generating electronic devices. 254
388+ d. Be in a package that contains more than one container. 255
389+ 3. Edibles may not: 256
390+ a. Contain more than 2.5 milligrams of 257
391+tetrahydrocannabinol per gram. 258
392+ b. Contain more than 2 grams and must be individually 259
393+wrapped. 260
394+ c. Be in a container with more than 20 edibles. 261
395+ d. Be in a package that contains more than one container. 262
396+ 4. Tinctures may not: 263
397+ a. Contain more than 100 milligrams of 264
398+tetrahydrocannabinol per 35 grams. 265
399+ b. Be in a container that holds more than 35 grams. 266
400+ c. Be in a package that holds more than one container. 267
401+ 268
402+This paragraph is repealed Decem ber 31, 2028. 269
403+ (c) Effective January 1, 2029, hemp consumable THC 270
404+products may only be sold at retail subject to the following 271
405+limitations: 272
406+ 1. Beverages may not: 273
407+ a. Contain more than 2.5 milligrams of 274
408+tetrahydrocannabinol per 6 ounces. 275
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417417 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
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421-compliant. 276
422- (b) Hemp consumable THC products may only be sold at 277
423-retail in the following consumable forms and subject to the 278
424-following limitations: 279
425- 1. Beverages, which may not: 280
426- a. Contain a ratio of more than 5 milligrams of hemp and 281
427-psychotropic cannabinoids per 6 fluid ounces. 282
428- b. Be in a container th at holds more than 10 milligrams of 283
429-hemp and psychotropic cannabinoids. 284
430- c. Be in a package that contains more than 100 miligrams 285
431-of hemp and psychotropic cannabinoids. 286
432- 2. Inhalables, which may not: 287
433- a. Contain a ratio of more than 2.5 milligrams of he mp and 288
434-psychotropic cannabinoids per gram. 289
435- b. Contain more than 5 milligrams of hemp and psychotropic 290
436-cannabinoids per inhalable. 291
437- c. Be in a package that contains more than 100 miligrams 292
438-of hemp and psychotropic cannabinoids. 293
439- 3. Edibles, which may no t: 294
440- a. Contain a ratio of more than 2.5 milligrams of hemp and 295
441-psychotropic cannabinoids per gram. 296
442- b. Contain more than 5 milligrams of hemp and psychotropic 297
443-cannabinoids per edible. 298
444- c. Be in a package that contains more than one 100 299
445-milligrams of hemp and psychotropic cannabinoids. 300
421+ b. Be in a container that holds more than 12 ounces. 276
422+ c. Be in a package with more than 10 containers per 277
423+package. 278
424+ 2. Cigarettes and vapor -generating electronic devices may 279
425+not: 280
426+ a. Contain more than 1 gram. 281
427+ b. Contain more than 1.25 milligrams of 282
428+tetrahydrocannabinol per gram. 283
429+ c. Be in a container that holds more than 20 cigarettes or 284
430+vapor-generating electronic devices. 285
431+ d. Be in a package that contains more than one container. 286
432+ 3. Edibles may not: 287
433+ a. Contain more than 1.25 milligrams of 288
434+tetrahydrocannabinol per gram. 289
435+ b. Contain more than 2 grams and must be individually 290
436+wrapped. 291
437+ c. Be in a container with more than 20 edibles. 292
438+ d. Be in a package that contains more than one container. 293
439+ 4. Tinctures may not: 294
440+ a. Contain more than 50 mil ligrams of tetrahydrocannabinol 295
441+per 35 grams. 296
442+ b. Be in a container that holds more than 35 grams. 297
443+ c. Be in a package that holds more than one container. 298
444+ (d) Paragraph (c) does not limit the amount of cannabidiol 299
445+allowed in hemp consumable THC product s. 300
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454454 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
455455
456456
457457
458- 301
459-This paragraph does not apply to nonpsychotropic cannabinoids. 302
460- (c) The retail sale and delivery of hemp consumable THC 303
461-products for off premises consumption is prohibited, except: 304
462- 1. At establishments that have a food permit from the 305
463-department and prohibit the presence of persons under 21 years 306
464-of age on the establishment's premises; 307
465- 2. At establishments that have a food permit from the 308
466-department and have a quota license issued under s. 309
467-565.02(1)(a)-(f). Establishments with a quota license issued 310
468-under s. 565.02(1)(a) -(f) that allow the presence of persons 311
469-under 21 years of age on the establishment's premises must place 312
458+ (e) The retail sale and delivery of hemp consumable THC 301
459+products is prohibited, except: 302
460+ 1. At establishments that have a food permit from the 303
461+department and prohibit the presence of persons under 21 years 304
462+of age on the establishment's premises; 305
463+ 2. At establishments that have a food permit from the 306
464+department and have a quota license issued under s. 307
465+565.02(1)(a)-(f). Establishments with a quota license issued 308
466+under s. 565.02(1)(a) -(f) which allow the presence of persons 309
467+under 21 years of age on the establishment's premises must place 310
468+hemp consumable THC products, not including beverages, in an 311
469+area inaccessible to customers. Such establishments may place 312
470470 hemp consumable THC products, not including beverages, in an 313
471-area inaccessible to customers. Such establishments may place 314
472-hemp consumable THC products, not including beverages, in an 315
473-open display unit as long as the unit is located in an area that 316
474-is inaccessible to customers; 317
475- 3. At establishments that have a food permit from the 318
476-department, allow the presence of persons under 21 years of age 319
477-on the premises, and have a permit or license issued by the 320
478-Division of Alcoholic Beverages and Tobacco of the Department of 321
479-Business and Professional Regulation but do not have a quota 322
480-license issued under s. 5 65.02(1)(a)-(f). Such establishments 323
481-may only sell hemp consumable THC beverages, which must be in an 324
482-area inaccessible to customers. Such establishments may place 325
471+open display unit as long as the un it is located in an area that 314
472+is inaccessible to customers; or 315
473+ 3. In accordance with the mail order, Internet, and remote 316
474+sales of hemp consumable THC products requirements in s. 317
475+581.218. 318
476+ (f) Hemp consumable THC products may not be sold, given, 319
477+bartered, furnished, or delivered to consumers at wholesale or 320
478+at festivals, fairs, trade shows, farmers markets, expositions, 321
479+or pop-up retail establishments. 322
480+ (g)(b) Hemp consumable THC products extract may only be 323
481+sold to a business in this state if that busi ness is properly 324
482+permitted as required by this section. 325
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491491 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
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495-hemp consumable THC beverages in an open display unit as long as 326
496-the unit is located in an a rea that is inaccessible to 327
497-customers; or 328
498- 4. In accordance with the mail order, Internet, and remote 329
499-sales of hemp consumable THC products requirements in s. 330
500-581.218. 331
501- (d) Hemp consumable THC products may not be sold, given, 332
502-bartered, furnished, or deli vered to consumers at wholesale. 333
503-Hemp consumable THC products may not be sold, given, bartered, 334
504-furnished, or delivered to consumers at festivals, fairs, trade 335
505-shows, farmers' markets, expositions, or pop -up retail 336
506-establishments unless the festival, fair, trade show, farmers' 337
507-market, exposition, or pop -up retail establishment prohibits 338
508-persons under 21 years of age from attending and every retailer 339
509-selling hemp consumable THC products at the festival, fair, 340
510-trade show, farmers' market, exposition, or pop -up retail 341
511-establishment has a food permit from the department. 342
512- (e) The sale or delivery of hemp consumable THC products 343
513-for consumption on a retailer's premises is prohibited. If a 344
514-retailer discovers a consumer is consuming hemp consumable THC 345
515-products on the retailer's premises, the retailer must 346
516-immediately notify the consumer to immediately leave the 347
517-retailer's premises. 348
518- (f)(b) Hemp consumable THC products extract may only be 349
519-sold to a business in this state if that business is properly 350
495+ (h)(c) Hemp consumable THC products extract distributed or 326
496+sold in this state are is subject to the applicable requirements 327
497+of chapter 500, chapter 502, or chapter 580. 328
498+ (i) A person or entity may not sell, deliver, barter, 329
499+give, or furnish hemp consumable THC products that total more 330
500+than 100 milligrams of tetrahydrocannabinol to a person in a 24 -331
501+hour period unless the person receiving the hemp consumable THC 332
502+products is receiving the products on b ehalf of a cultivator, 333
503+manufacturer, wholesaler, or retailer for resale. 334
504+ (j)(d) Hemp consumable THC products that are intended for 335
505+human ingestion or inhalation and that contain hemp extract , 336
506+including, but not limited to, snuff, chewing gum, and other 337
507+smokeless products, may not be sold , delivered, bartered, given, 338
508+or furnished in this state to a person who is under 21 years of 339
509+age. 340
510+ (k) For a first violation of this subsection, a person who 341
511+violates this paragraph commits a misdemeanor of the second 342
512+degree, punishable as provided in s. 775.082 or s. 775.083. A 343
513+person who commits a second or subsequent violation of this 344
514+subsection paragraph within 12 months 1 year after the first 345
515+initial violation commits a misdemeanor of the first degree, 346
516+punishable as provided in s. 775.082 or s. 775.083. A person who 347
517+commits a third or subsequent violation within 12 months after 348
518+the second violation commits a felony of the third degree, 349
519+punishable as provided in s. 775.082 or s. 775.083. 350
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528528 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
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532-permitted as required by this section. 351
533- (g)(c) Hemp consumable THC products extract distributed or 352
534-sold in this state are is subject to the applicable requirements 353
535-of chapter 500, chapter 502, or chapter 580. 354
536- (h) A person or entity may not sell, deliver, barter, 355
537-give, or furnish hemp consumable THC products that total more 356
538-than 100 milligrams of hemp and psychotropic cannabinoids to a 357
539-person in a 24-hour period unless the person receiving the hemp 358
540-consumable THC products is receiving the products on behalf of a 359
541-cultivator, manufacturer, wholesaler, or retailer for resale. 360
542-There is a rebuttable presumption that a person or entity 361
543-complied with this paragraph if the person receiving the hemp 362
544-consumable THC products affirms in writing or electronically 363
545-that by receiving such products he or she will not have received 364
546-hemp consumable THC products that total more than 100 milligrams 365
547-of hemp and psychotropic cannabinoids within a 24 -hour period or 366
548-he or she is receiving the products on behalf of a cultivator, 367
549-manufacturer, wholesaler, or retailer for resale. This paragraph 368
550-does not apply to nonpsychotropic cannabinoids. 369
551- (i)(d) Hemp consumable THC products that are intended for 370
552-human ingestion or inhalation and that contain hemp extract , 371
553-including, but not limited to, snuff, chewing gum, and other 372
554-smokeless products, may not be sold , delivered, bartered, given, 373
555-or furnished in this state to a person who is under 21 years of 374
556-age. 375
532+ (l)(e) In addition to paragra ph (k), hemp consumable THC 351
533+products extract distributed or sold in violation of this 352
534+subsection are is subject to s. 500.172 and penalties as 353
535+provided in s. 500.121. Hemp consumable THC extract products 354
536+found to be mislabeled or in violation of subsection (7) 355
537+attractive to children are subject to an immediate stop -sale 356
538+order. 357
539+ (10) CERTIFICATION OF INDEPENDENT LABORATORIES BY THE 358
540+DEPARTMENT.— 359
541+ (a) The department must certify any laboratory located in 360
542+this state or another state which meets the qualificat ions of an 361
543+independent testing laboratory. However, a medical marijuana 362
544+testing laboratory certified pursuant to s. 381.988 is not 363
545+required to receive certification by the department. 364
546+ (b) The department must adopt rules establishing the 365
547+standards for certification and must adopt rules for the testing 366
548+and reporting of hemp consumable THC products under this 367
549+section. The Department of Health must assist the department in 368
550+developing the rules for the certification of independent 369
551+testing laboratories, which m ust include, but are not limited 370
552+to: 371
553+ 1. Security standards. 372
554+ 2. Minimum standards for personnel. 373
555+ 3. Sample collection method and process standards. 374
556+ 4. Proficiency testing for tetrahydrocannabinol potency, 375
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565565 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
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567567
568568
569- (j) For a first violation of this subsection, a person who 376
570-violates this paragraph commits a misdemeanor of the second 377
571-degree, punishable as provided in s. 775.082 or s. 775.083. A 378
572-person who commits a second or subsequent violation of this 379
573-subsection paragraph within 12 months 1 year after the first 380
574-initial violation commits a misdemeanor of the firs t degree, 381
575-punishable as provided in s. 775.082 or s. 775.083. A person who 382
576-commits a third or subsequent violation within 12 months after 383
577-the second violation commits a felony of the third degree, 384
578-punishable as provided in s. 775.082 or s. 775.083. 385
579- (k)(e) In addition to paragraph (j), hemp consumable THC 386
580-products extract distributed or sold in violation of this 387
581-subsection are is subject to s. 500.172 and penalties as 388
582-provided in s. 500.121. Hemp consumable THC extract products 389
583-found to be mislabeled or in violation of subsection (7) 390
584-attractive to children are subject to an immediate stop -sale 391
585-order. 392
586- (l) Subparagraph (a)3. and paragraph (b) do not apply to 393
587-hemp consumable THC products produced in this state that are 394
588-shipped or transported outside of this state for sale or use 395
589-outside this state. 396
590- 1. Hemp consumable THC products produced in this state 397
591-that are shipped or transported outside of this state for sale 398
592-or use outside of this state: 399
593- a. May not be sold, shipped, or transported to a consumer 400
569+concentration of cannabidiol, and contaminants unsafe for human 376
570+consumption, as determined by department rule. 377
571+ 5. Reporting content, format, and frequency. 378
572+ 6. Audits and onsite inspections. 379
573+ 7. Quality assurance. 380
574+ 8. Equipment and methodology. 381
575+ 9. Chain of custody. 382
576+ 10. Any other standard the department deems necessary. 383
577+ (c) The department shall adopt rules establishing a 384
578+procedure for initial certification and biennial renewal. The 385
579+department shall renew the certification biennially if the 386
580+laboratory meets the requirements of thi s section or any rules 387
581+adopted under this subsection. 388
582+ (d) The department shall publish on its website a list of 389
583+all laboratories that have received certification. 390
584+ (e) The department may refuse to issue or renew, or may 391
585+suspend or revoke, the certificat ion of a laboratory that is 392
586+found to be in violation of this section or any rules adopted 393
587+under this subsection. 394
588+ (f) Any laboratory that receives certification under this 395
589+subsection from the department agrees to random unannounced 396
590+audits and onsite inspe ctions by the department or agents 397
591+thereof. 398
592+ (11)(10) VIOLATIONS.— 399
593+ (a) A licensee must complete a corrective action plan if 400
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602602 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
603603
604604
605605
606-in this state, a retailer's establishment located in this state, 401
607-or to a person who sells or intends to sell such products to a 402
608-consumer in this state; 403
609- b. Must be in a package marked "NOT FOR USE OR RETAIL SALE 404
610-IN FLORIDA" in a bold font size of at least 36 points; and 405
611- c. Must be physically separated from hemp consumable THC 406
612-products that are, or intended to be, sold or used in this 407
613-state. 408
614- 2. The department may adopt rules to implement this 409
615-paragraph. 410
616- (10) CERTIFICATION OF INDEPENDENT LABORATORIES BY TH E 411
617-DEPARTMENT.— 412
618- (a) The department shall certify any laboratory located in 413
619-this state or another state which meets the qualifications of an 414
620-independent testing laboratory. However, a medical marijuana 415
621-testing laboratory certified pursuant to s. 381.988 is not 416
622-required to receive certification by the department. 417
623- (b) The department shall adopt rules establishing the 418
624-standards for certification and for the testing and reporting on 419
625-the certificate of analysis of hemp consumable THC products 420
626-under this section. The rules for the certification of 421
627-independent testing laboratories must include, but are not 422
628-limited to: 423
629- 1. Security standards. 424
630- 2. Minimum standards for personnel. 425
606+the department determines that the licensee has negligently 401
607+violated this section or department rules, including 402
608+negligently: 403
609+ 1. Failing to provide the legal land description and 404
610+global positioning coordinates pursuant to subsection (5); 405
611+ 2. Failing to obtain a proper license or other required 406
612+authorization from the department; or 407
613+ 3. Producing Cannabis sativa L. that has a tota l delta-9-408
614+tetrahydrocannabinol concentration that exceeds 0.3 percent on a 409
615+dry-weight basis. 410
616+ (b) The corrective action plan must include: 411
617+ 1. A reasonable date by which the licensee must correct 412
618+the negligent violation; and 413
619+ 2. A requirement that the l icensee periodically report to 414
620+the department on compliance with this section and department 415
621+rules for a period of at least 2 calendar years after the date 416
622+of the violation. 417
623+ (c) A licensee who negligently violates the corrective 418
624+action plan under this su bsection three times within 5 years is 419
625+ineligible to cultivate hemp for 5 years following the date of 420
626+the third violation. 421
627+ (d) If the department determines that a licensee has 422
628+violated this section or department rules with a culpable mental 423
629+state greater than negligence, the department shall immediately 424
630+report the licensee to the Attorney General and the United 425
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639639 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
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643- 3. Sample collection method and process standards. 426
644- 4. Proficiency testing for cannabinoid concentration and 427
645-contaminants unsafe for human consumption, as determined by 428
646-department rule. 429
647- 5. Reporting content, format, and frequency. 430
648- 6. Audits and onsite inspections. 431
649- 7. Quality assurance. 432
650- 8. Equipment and methodology. 433
651- 9. Chain of custody. 434
652- 10. Any other standard the department deems necessary. 435
653- (c) The department shall adopt rules establishing a 436
654-procedure for initial certification and biennial renewal. The 437
655-department shall renew the certification biennially if the 438
656-laboratory meets the requirements of this section or any rules 439
657-adopted under this subsection. 440
658- (d) The department shall publish on its website a list of 441
659-all laboratories that have received certification. 442
660- (e) The department may refuse to issue or renew, or may 443
661-suspend or revoke, the certification of a laboratory that is 444
662-found to be in violation of this section or any rules adopted 445
663-under this subsection. 446
664- (f) Any laboratory that receives certification under this 447
665-subsection from the department agrees to random unanno unced 448
666-audits and onsite inspections by the department or agents 449
667-thereof. 450
643+States Attorney General. 426
644+ (e) In addition to any other penalties provided by law, 427
645+the department may take any of the following actions against an y 428
646+person licensed or permitted by the department for a violation 429
647+of this section: 430
648+ 1. Place on probation or reprimand the licensee or 431
649+permittee. 432
650+ 2. Revoke, suspend, or deny the issuance or renewal of the 433
651+license or permit. 434
652+ 3. Impose an administrative fine not to exceed $5,000 per 435
653+violation or assess costs associated with investigation and 436
654+prosecution. 437
655+ (13)(12) RULES.—The department shall adopt rules to 438
656+administer the state hemp program. The rules must provide for: 439
657+ (a) A procedure that uses post-decarboxylation or other 440
658+similarly reliable methods for testing the delta -9-441
659+tetrahydrocannabinol concentration of cultivated hemp. 442
660+ (b) A procedure for the effective disposal of plants, 443
661+whether growing or not, that are cultivated in violation of this 444
662+section or department rules, and products derived from those 445
663+plants. 446
664+ (c) Packaging and labeling requirements that ensure that 447
665+hemp consumable THC products are not in violation of subsection 448
666+(7) extract intended for human ingestion or inhalation is not 449
667+attractive to children . 450
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676676 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
677677
678678
679679
680- (11)(10) VIOLATIONS.— 451
681- (a) A licensee must complete a corrective action plan if 452
682-the department determines that the licensee has negligently 453
683-violated this section or department rule s, including 454
684-negligently: 455
685- 1. Failing to provide the legal land description and 456
686-global positioning coordinates pursuant to subsection (5); 457
687- 2. Failing to obtain a proper license or other required 458
688-authorization from the department; or 459
689- 3. Producing Cannabis sativa L. that has a total delta -9-460
690-tetrahydrocannabinol concentration that exceeds 0.3 percent on a 461
691-dry-weight basis. 462
692- (b) The corrective action plan must include: 463
693- 1. A reasonable date by which the licensee must correct 464
694-the negligent violation; and 465
695- 2. A requirement that the licensee periodically report to 466
696-the department on compliance with this section and department 467
697-rules for a period of at least 2 calendar years after the date 468
698-of the violation. 469
699- (c) A licensee who negligently violates the co rrective 470
700-action plan under this subsection three times within 5 years is 471
701-ineligible to cultivate hemp for 5 years following the date of 472
702-the third violation. 473
703- (d) If the department determines that a licensee has 474
704-violated this section or department rules wi th a culpable mental 475
680+ (d) Advertising regulations that ensure that hemp 451
681+consumable THC products extract intended for human ingestion or 452
682+inhalation are is not marketed or advertised in a manner that 453
683+specifically targets or is attractive to children. 454
684+ (14)(13) APPLICABILITY.—Notwithstanding any other law: 455
685+ (a) This section does not authorize a licensee to violate 456
686+any federal or state law or regulation. 457
687+ (b) This section does not apply to a pilot project 458
688+developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 459
689+ (c) A licensee who negligently violates this section or 460
690+department rules is not subject to any criminal or civil 461
691+enforcement action by the state or a local government other than 462
692+the enforcement of violations of this section as authorized 463
693+under subsection (11) (10). 464
694+ Section 3. Effective January 1, 2026, section 581.218, 465
695+Florida Statutes, is created to read: 466
696+ 581.218 Mail order, Internet, and remote sales of hemp 467
697+consumable THC products. — 468
698+ (1) As used in this section, the term: 469
699+ (a) "Consumer" means a person in this state who comes into 470
700+possession of any hemp consumable THC products and who, at the 471
701+time of possession, does not intend to sell or distribute the 472
702+hemp consumable THC products or is not a retailer. 473
703+ (b) "Delivery sale" means any sale of a hemp consumable 474
704+THC product to a consumer in the state for which: 475
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713713 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
714714
715715
716716
717-state greater than negligence, the department shall immediately 476
718-report the licensee to the Attorney General and the United 477
719-States Attorney General. 478
720- (e) In addition to any other penalties provided by law, 479
721-the department may take any o f the following actions against any 480
722-person licensed or permitted by the department for a violation 481
723-of this section: 482
724- 1. Place on probation or reprimand the licensee or 483
725-permittee. 484
726- 2. Revoke, suspend, or deny the issuance or renewal of the 485
727-license or permit. 486
728- 3. Impose an administrative fine not to exceed $5,000 per 487
729-violation or assess costs associated with investigation and 488
730-prosecution. 489
731- (13)(12) RULES.—The department shall adopt rules to 490
732-administer the state hemp program. The rules must provide for: 491
733- (a) A procedure that uses post -decarboxylation or other 492
734-similarly reliable methods for testing the delta -9-493
735-tetrahydrocannabinol concentration of cultivated hemp. 494
736- (b) A procedure for the effective disposal of plants, 495
737-whether growing or not, that are culti vated in violation of this 496
738-section or department rules, and products derived from those 497
739-plants. 498
740- (c) Packaging and labeling requirements that ensure that 499
741-hemp consumable THC products are not in violation of subsection 500
717+ 1. The consumer submits the order for the sale by 476
718+telephonic or other voice transmission, mail, delivery service, 477
719+or the Internet or other online service; or 478
720+ 2. The hemp consumable THC products are delivered by use 479
721+of mail or a delivery service. 480
722+ (c) "Delivery service" means any person engaged in the 481
723+commercial delivery of letters, packages, or other containers. 482
724+ (d) "Hemp consumable THC product" has the same meaning as 483
725+in s. 581.217(3). 484
726+ (e) "Legal minimum purchase age" means the minimum age at 485
727+which an individual may legally purchase hemp consumable THC 486
728+products in this state. 487
729+ (f) "Retailer" has the same meaning as in s. 581.217(3). 488
730+ (g) "Shipping container" means a cont ainer in which hemp 489
731+consumable THC products are shipped in connection with a 490
732+delivery sale. 491
733+ (h) "Shipping document" means a bill of lading, airbill, 492
734+United States Postal Service form, or any other document used to 493
735+verify the undertaking by a delivery ser vice to deliver letters, 494
736+packages, or other containers. 495
737+ (i) "Wholesaler" has the same meaning as in s. 581.217(3). 496
738+ (2)(a) The sale of hemp consumable THC products 497
739+constituting a delivery sale under paragraph (1)(b) is a 498
740+delivery sale regardless of whet her the person accepting the 499
741+order for the delivery sale is located within or outside this 500
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750750 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
751751
752752
753753
754-(7) extract intended for human ingest ion or inhalation is not 501
755-attractive to children . 502
756- (d) Advertising regulations that ensure that hemp 503
757-consumable THC products extract intended for human ingestion or 504
758-inhalation are is not marketed or advertised in a manner that 505
759-specifically targets or is at tractive to children. 506
760- (14)(13) APPLICABILITY.—Notwithstanding any other law: 507
761- (a) This section does not authorize a licensee to violate 508
762-any federal or state law or regulation. 509
763- (b) This section does not apply to a pilot project 510
764-developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 511
765- (c) A licensee who negligently violates this section or 512
766-department rules is not subject to any criminal or civil 513
767-enforcement action by the state or a local government other than 514
768-the enforcement of violations of this s ection as authorized 515
769-under subsection (11) (10). 516
770- Section 3. Section 581.218, Florida Statutes, is created 517
771-to read: 518
772- 581.218 Mail order, Internet, and remote sales of hemp 519
773-consumable THC products. — 520
774- (1) As used in this section, the term: 521
775- (a) "Consumer" has the same meaning as in s. 581.217(3). 522
776- (b) "Delivery sale" means any sale of a hemp consumable 523
777-THC product to a consumer in the state for which: 524
778- 1. The consumer submits the order for the sale by 525
754+state. 501
755+ (b) A retailer must obtain a food permit from the 502
756+department under chapter 500 before accepting an order for a 503
757+delivery sale of hemp consumable THC products . 504
758+ (c) A person may not make a delivery sale of hemp 505
759+consumable THC products to any individual who is not 21 years of 506
760+age or older. 507
761+ (d) Each person accepting an order for a delivery sale of 508
762+hemp consumable THC products must comply with all of the 509
763+following: 510
764+ 1. The age verification requirements of subsection (3). 511
765+ 2. The disclosure requirements of subsection (4). 512
766+ 3. The shipping requirements of subsection (5). 513
767+ (3) A person may not mail, ship, or otherwise deliver hemp 514
768+consumable THC products in connection with an order for a 515
769+delivery sale unless, before the first delivery to the consumer, 516
770+the person accepting the order for the delivery sale does all of 517
771+the following: 518
772+ (a) Obtains from the person submitting the order a 519
773+certification that inclu des: 520
774+ 1. Reliable confirmation that the person is 21 years of 521
775+age or older; and 522
776+ 2. A statement signed by the person in writing and under 523
777+penalty of perjury which: 524
778+ a. Certifies the address and date of birth of the person; 525
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787787 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
788788
789789
790790
791-telephonic or other voice transmission, mail, deli very service, 526
792-or the Internet or other online service; or 527
793- 2. The hemp consumable THC products are delivered by use 528
794-of mail or a delivery service. 529
795- (c) "Delivery service" means any person engaged in the 530
796-commercial delivery of letters, packages, or other containers. 531
797- (d) "Hemp consumable THC product" has the same meaning as 532
798-in s. 581.217(3). 533
799- (e) "Retailer" has the same meaning as in s. 581.217(3). 534
800- (f) "Shipping container" means a container in which hemp 535
801-consumable THC products are shipped in connection with a 536
802-delivery sale. 537
803- (g) "Shipping document" means a bill of lading, airbill, 538
804-United States Postal Service form, or any other document used to 539
805-verify the undertaking by a delivery service to deliver letters, 540
806-packages, or other containers. 541
807- (h) "Wholesaler" has the same meaning as in s. 581.217(3). 542
808- (2)(a) The sale of hemp consumable THC products 543
809-constituting a delivery sale under paragraph (1)(b) is a 544
810-delivery sale regardless of whether the person accepting the 545
811-order for the delivery sale is located within or outside this 546
812-state. 547
813- (b) A person must obtain a food permit from the department 548
814-under chapter 500 before accepting an order for a delivery sale 549
815-of hemp consumable THC products. A person outside this state who 550
791+and 526
792+ b. Confirms that the per son wants to receive delivery 527
793+sales from a hemp consumable THC product retailer and 528
794+understands that, under the laws of the state, the following 529
795+actions are illegal: 530
796+ (I) Signing another person's name to the certification. 531
797+ (II) Selling hemp consumable T HC products to individuals 532
798+who are not 21 years of age or older. 533
799+ (III) Purchasing hemp consumable THC products if the 534
800+person making the purchase is not 21 years of age or older. 535
801+ (b) Makes a good faith effort to verify the information 536
802+contained in the certification provided by the individual 537
803+pursuant to paragraph (a) against a commercially available 538
804+database that may be reasonably relied upon for accurate age 539
805+information or obtains a photocopy or other image of a valid 540
806+government-issued identification ca rd stating the date of birth 541
807+or age of the individual. 542
808+ (c) Provides to the individual, by electronic mail or 543
809+other means, a notice meeting the requirements of subsection 544
810+(4). 545
811+ (d) If an order for hemp consumable THC products is made 546
812+pursuant to an adver tisement on the Internet, receives payment 547
813+for the delivery sale from the consumer by a credit or debit 548
814+card issued in the name of the consumer, or by personal or 549
815+company check of the consumer. 550
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824824 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
825825
826826
827827
828-engages in delivery sales t o consumers in this state may apply 551
829-for a food permit from the department under chapter 500, be 552
830-granted such a permit by the department, and thereafter be 553
831-subject to all the provisions of this chapter and chapters 500 554
832-and 502 and be entitled to act as a pe rmitted retailer. 555
833- (c) A person may not make a delivery sale of hemp 556
834-consumable THC products to any individual who is not 21 years of 557
835-age or older. 558
836- (d) Each person accepting an order for a delivery sale of 559
837-hemp consumable THC products must comply with a ll of the 560
838-following: 561
839- 1. The age verification requirements of subsection (3). 562
840- 2. The disclosure requirements of subsection (4). 563
841- 3. The shipping requirements of subsection (5). 564
842- (3) A person may not mail, ship, or otherwise deliver hemp 565
843-consumable THC products in connection with an order for a 566
844-delivery sale unless, before the first delivery to the consumer, 567
845-the person accepting the order for the delivery sale does all of 568
846-the following: 569
847- (a) Obtains from the person submitting the order a 570
848-certification that includes: 571
849- 1. Reliable confirmation that the person is 21 years of 572
850-age or older; and 573
851- 2. A statement signed by the person in writing and under 574
852-penalty of perjury which: 575
828+ (e) Submits, to each credit card acquiring company with 551
829+which the person has credit card sales, identification 552
830+information in an appropriate form and format so that the words 553
831+"Hemp consumable THC product" may be printed in the purchaser's 554
832+credit card statement when a purchase of hemp consumable THC 555
833+products is made by credit card payment. 556
834+ (f) Makes a telephone call after 5 p.m. to the purchaser 557
835+confirming the order before shipping the hemp consumable THC 558
836+products. The telephone call may be a person -to-person call or a 559
837+recorded message. The person accepting the ord er for delivery 560
838+sale is not required to speak directly with a person and may 561
839+leave a message on an answering machine or through voicemail. 562
840+ 563
841+In addition to the requirements of this subsection, a person 564
842+accepting an order for a delivery sale of hemp consumab le THC 565
843+products may request that a consumer provide an e -mail address. 566
844+ (4) The notice under paragraph (3)(c) must include 567
845+prominent and clearly legible statements that sales of hemp 568
846+consumable THC products are: 569
847+ (a) Illegal if made to individuals who ar e not 21 years of 570
848+age or older. 571
849+ (b) Restricted to those individuals who provide verifiable 572
850+proof of age pursuant to subsection (3). 573
851+ (5) Each person who mails, ships, or otherwise delivers 574
852+hemp consumable THC products in connection with an order for a 575
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861861 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
862862
863863
864864
865- a. Certifies the address and date of birth of the person; 576
866-and 577
867- b. Confirms that the person wants to receive delivery 578
868-sales from a hemp consumable THC product retailer and 579
869-understands that, under the laws of the state, the following 580
870-actions are illegal: 581
871- (I) Signing another person's name to the certification. 582
872- (II) Selling hemp co nsumable THC products to individuals 583
873-who are not 21 years of age or older. 584
874- (III) Purchasing hemp consumable THC products if the 585
875-person making the purchase is not 21 years of age or older. 586
876- (b) Makes a good faith effort to verify the information 587
877-contained in the certification provided by the individual 588
878-pursuant to paragraph (a) against a commercially available 589
879-database that may be reasonably relied upon for accurate age 590
880-information or obtains a photocopy or other image of a valid 591
881-government-issued identification card stating the date of birth 592
882-or age of the individual. 593
883- (c) Provides to the individual, by electronic mail or 594
884-other means, a notice meeting the requirements of subsection 595
885-(4). 596
886- (d) If an order for hemp consumable THC products is made 597
887-pursuant to an advertisement on the Internet, receives payment 598
888-for the delivery sale from the consumer by a credit or debit 599
889-card issued in the name of the consumer, or by personal or 600
865+delivery sale must: 576
866+ (a) Ship hemp consumable THC products that comply with the 577
867+limitations on the retail sale of such products in s. 581.217. 578
868+ (b) Ship hemp consumable THC products in a container that 579
869+complies with the container requirements of s. 518.21 7. 580
870+ (c) Include as part of the shipping documents, in a clear 581
871+and conspicuous manner, the following statement: "Hemp 582
872+consumable THC product: Florida law prohibits shipping to 583
873+individuals under 21 years of age." 584
874+ (d) Use a method of mailing, shipping, or delivery that 585
875+obligates the delivery service to require: 586
876+ 1. The individual submitting the order for the delivery 587
877+sale or another person 21 years of age or older who resides at 588
878+the individual's address to sign his or her name to accept 589
879+delivery of the shipping container. 590
880+ 2. Proof that the individual is the addressee, or an 591
881+individual who is 21 years of age or older designated by the 592
882+addressee, in the form of a valid, government -issued 593
883+identification card bearing a photograph of the individual who 594
884+signs to accept delivery of the shipping container. 595
885+ 596
886+If the person accepting a purchase order for a delivery sale 597
887+delivers the hemp consumable THC products without using a 598
888+delivery service, the person must comply with all of the 599
889+requirements of this section which apply to a delivery service. 600
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898898 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
899899
900900
901901
902-company check of the consumer. 601
903- (e) Submits, to each credit card acquiring company with 602
904-which the person has credit card sales, identification 603
905-information in an appropriate form and format so that the words 604
906-"Hemp consumable THC product" may be printed in the purchaser's 605
907-credit card statement when a purchase of hemp consumable THC 606
908-products is made by credit card payment. 607
909- 608
910-In addition to the requirements of this subsection, a person 609
911-accepting an order for a delivery sale of hemp consumable THC 610
912-products may request that a consumer provide an e -mail address. 611
913- (4) The notice under paragraph (3)(c) must include 612
914-prominent and clearly legible statements that sales of hemp 613
915-consumable THC products are: 614
916- (a) Illegal if made to individuals who are not 21 years of 615
917-age or older. 616
918- (b) Restricted to those individuals who provide verifiable 617
919-proof of age pursuant to subsection (3). 618
920- (5) Each person who mails, ships, or otherwise delivers 619
921-hemp consumable THC products in connection with an order for a 620
922-delivery sale must: 621
923- (a) Ship hemp consumable THC products that comply with the 622
924-limitations on the retail sale of such products in s. 581.217. 623
925- (b) Ship hemp consumable THC products in a container and 624
926-package that complies with the container and package 625
902+Any failure to comply with a requirement of this section 601
903+constitutes a violation thereof. 602
904+ (6) This section does not apply to delivery sales of hemp 603
905+consumable THC products to a retailer or wholesaler. 604
906+ (7) An individual who is 21 years of age or older who 605
907+knowingly violates any provision of this section commits a 606
908+misdemeanor of the second degree, punishable as provided in s. 607
909+775.082 or s. 775.083. 608
910+ (8) The Attorney General, the Attorney General's designee, 609
911+or a state attorney may bring an action in the appropriate court 610
912+in the state to prevent or restrain violations of this section 611
913+by any person. 612
914+ Section 4. Effective January 1, 2026, section 581.219, 613
915+Florida Statutes, is created to read: 614
916+ 581.219 Seizure and destruction of contraband hemp 615
917+consumable THC products. —All hemp consumable THC products, as 616
918+defined in s. 581.217(3), sold, offered for sale, delivered, or 617
919+distributed contrary to any provision of ss. 581.217 and 581.218 618
920+are declared to be contraband, are subject to seizure and 619
921+confiscation under the Florida Contraband Forfeiture Act by any 620
922+person whose duty it is to enforce those sections, and must be 621
923+disposed of as follows: 622
924+ (1) A court having jurisdiction shall order the hemp 623
925+consumable THC products forfeited upo n a showing that, by a 624
926+preponderance of the evidence, the products were sold, offered 625
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935935 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
936936
937937
938938
939-requirements of s. 518.217. 626
940- (c) Include as part of the shipping documents, in a clear 627
941-and conspicuous manner, the following statement: "Hemp 628
942-consumable THC product: Florida law prohibits shipping to 629
943-individuals under 21 years of age." 630
944- (d) Use a method of mailing, shipping, or delivery that 631
945-obligates the delivery service to require proof that the pers on 632
946-accepting the order for the delivery sale is 21 years of age or 633
947-older and resides at the address listed on the order label, by 634
948-reviewing a valid government -issued identification card bearing 635
949-a photograph of the person who signs to accept delivery of the 636
950-shipping container. 637
951- 638
952-If the person accepting a purchase order for a delivery sale 639
953-delivers the hemp consumable THC products without using a 640
954-delivery service, the person must comply with all of the 641
955-requirements of this section which apply to a delivery ser vice. 642
956-Any failure to comply with a requirement of this section 643
957-constitutes a violation thereof. 644
958- (6) This section does not apply to delivery sales of hemp 645
959-consumable THC products to a retailer or wholesaler. 646
960- (7) An individual who is 21 years of age or o lder who 647
961-knowingly violates any provision of this section commits a 648
962-misdemeanor of the second degree, punishable as provided in s. 649
963-775.082 or s. 775.083. 650
939+for sale, delivered, or distributed contrary to any provision of 626
940+ss. 581.217 and 581.218. Upon completion of any chapter 120 627
941+proceedings related to the seized hemp consum able THC products, 628
942+the court shall order the products destroyed except as provided 629
943+by applicable court orders. The officer who destroys the 630
944+products shall keep a record of the location where the products 631
945+were seized, the kinds and quantities of the product s destroyed, 632
946+and the time, place, and manner of the destruction of the 633
947+products and shall make a return under oath reporting such 634
948+destruction. 635
949+ (2) The department or seizing law enforcement agency shall 636
950+keep a full and complete record of all products seiz ed under 637
951+this section showing: 638
952+ (a) The exact kinds, quantities, and forms of the 639
953+products. 640
954+ (b) The persons from whom the products were seized and to 641
955+whom they were delivered. 642
956+ (c) By whose authority the products were seized, 643
957+delivered, and destroyed. 644
958+ (d) The dates of the seizure, disposal, and destruction of 645
959+the products. 646
960+ 647
961+Records under this subsection must be open to inspection by all 648
962+persons charged with the enforcement of ss. 581.217 and 581.218. 649
963+ (3) The cost of seizure, confiscation, and destru ction of 650
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972972 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
973973
974974
975975
976- (8) The Attorney General, the Attorney General's designee, 651
977-or a state attorney may bring an action i n the appropriate court 652
978-in the state to prevent or restrain violations of this section 653
979-by any person. 654
980- Section 4. Section 581.219, Florida Statutes, is created 655
981-to read: 656
982- 581.219 Seizure and destruction of contraband hemp 657
983-consumable THC products. —All hemp consumable THC products, as 658
984-defined in s. 581.217(3), sold, offered for sale, delivered, or 659
985-distributed contrary to any provision of ss. 581.217 and 581.218 660
986-are declared to be contraband, are subject to seizure and 661
987-confiscation under the Florida Contrab and Forfeiture Act by any 662
988-person whose duty it is to enforce those sections, and must be 663
989-disposed of as follows: 664
990- (1) A court having jurisdiction shall order the hemp 665
991-consumable THC products forfeited upon a showing that, by a 666
992-preponderance of the evidenc e, the products were sold, offered 667
993-for sale, delivered, or distributed contrary to any provision of 668
994-ss. 581.217 and 581.218. Upon completion of any chapter 120 669
995-proceedings related to the seized hemp consumable THC products, 670
996-the court shall order the produc ts destroyed except as provided 671
997-by applicable court orders. The officer who destroys the 672
998-products shall keep a record of the location where the products 673
999-were seized, the kinds and quantities of the products destroyed, 674
1000-and the time, place, and manner of the destruction of the 675
976+contraband hemp consumable THC products is borne by the person 651
977+from whom the products are seized. 652
978+ (4) Except as otherwise provided in this section, the 653
979+procedures of the Florida Contraband Forfeiture Act apply to 654
980+this section. 655
981+ Section 5. Effective January 1, 2026, section 581.220, 656
982+Florida Statutes, is created to read: 657
983+ 581.220 Ingesting hemp consumable THC products prohibited 658
984+near school property. — 659
985+ (1) A person may not ingest hemp consumable THC products, 660
986+as defined in s. 581.217(3), in , on, or within 1,000 feet of the 661
987+real property comprising a public or private elementary, middle, 662
988+or secondary school between the hours of 6 a.m. and midnight. 663
989+This section does not apply to a person who is in a moving 664
990+vehicle or within a private residenc e. 665
991+ (2) A law enforcement officer may issue a citation in such 666
992+form as prescribed by a county or municipality to any person who 667
993+violates this section. The citation must contain all of the 668
994+following: 669
995+ (a) The date and time of issuance. 670
996+ (b) The name and address of the person cited. 671
997+ (c) The date and time the civil infraction was committed. 672
998+ (d) The statute violated. 673
999+ (e) The facts constituting the violation. 674
1000+ (f) The name and authority of the law enforcement officer. 675
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10101010
10111011
10121012
1013-products and shall make a return under oath reporting such 676
1014-destruction. 677
1015- (2) The department or seizing law enforcement agency shall 678
1016-keep a full and complete record of all products seized under 679
1017-this section showing: 680
1018- (a) The exact kinds, quantities, and forms of the 681
1019-products. 682
1020- (b) The persons from whom the products were seized and to 683
1021-whom they were delivered. 684
1022- (c) By whose authority the products were seized, 685
1023-delivered, and destroyed. 686
1024- (d) The dates of the seizure, disposal, and destr uction of 687
1025-the products. 688
1026- 689
1027-Records under this subsection must be open to inspection by all 690
1028-persons charged with the enforcement of ss. 581.217 and 581.218. 691
1029- (3) The cost of seizure, confiscation, and destruction of 692
1030-contraband hemp consumable THC products is borne by the person 693
1031-from whom the products are seized. 694
1032- (4) Except as otherwise provided in this section, the 695
1033-procedures of the Florida Contraband Forfeiture Act apply to 696
1034-this section. 697
1035- Section 5. Section 581.220, Florida Statutes, is created 698
1036-to read: 699
1037- 581.220 Ingesting hemp consumable THC products prohibited 700
1013+ (g) The procedure for the person to follow to pay the 676
1014+civil penalty, to contest the citation, or to appear in court. 677
1015+ (h) The applicable civil penalty if the person elects not 678
1016+to contest the citation. 679
1017+ (3) Any person issued a citation pursuant to this section 680
1018+is charged with a civil in fraction, punishable by a civil 681
1019+penalty of up to $25, 50 hours of community service, or, where 682
1020+available, successful completion of a school -approved, anti-683
1021+drug, alternative-to-suspension program. 684
1022+ (4) Any person who fails to comply with the directions on 685
1023+the citation waives his or her right to contest the citation, 686
1024+and an order to show cause may be issued by the court. 687
1025+ Section 6. Effective January 1, 2026, subsection (1) of 688
1026+section 565.04, Florida Statutes, is amended to read: 689
1027+ 565.04 Package store restrictions.— 690
1028+ (1) Vendors licensed under s. 565.02(1)(a) shall not in 691
1029+said place of business sell, offer, or expose for sale any 692
1030+merchandise other than such beverages, and such places of 693
1031+business shall be devoted exclusively to such sales; provided, 694
1032+however, that such vendors shall be permitted to sell bitters; 695
1033+grenadine; nonalcoholic mixer -type beverages, not to include 696
1034+fruit juices produced outside this state; fruit juices produced 697
1035+in this state; home bar and party supplies and equipment, 698
1036+including but not limited to glassware and party -type foods; 699
1037+miniatures of no alcoholic content; nicotine products; and 700
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10471047
10481048
10491049
1050-near school property. — 701
1051- (1) A person may not ingest hemp consumable THC products, 702
1052-as defined in s. 581.217(3), in, on, or within 1,000 feet of the 703
1053-real property comprising a public or private el ementary, middle, 704
1054-or secondary school between the hours of 6 a.m. and midnight. 705
1055-This section does not apply to a person who is in a moving 706
1056-vehicle or within a private residence. 707
1057- (2) A law enforcement officer may issue a citation in such 708
1058-form as prescribed by a county or municipality to any person who 709
1059-violates this section. The citation must contain all of the 710
1060-following: 711
1061- (a) The date and time of issuance. 712
1062- (b) The name and address of the person cited. 713
1063- (c) The date and time the civil infraction was com mitted. 714
1064- (d) The statute violated. 715
1065- (e) The facts constituting the violation. 716
1066- (f) The name and authority of the law enforcement officer. 717
1067- (g) The procedure for the person to follow to pay the 718
1068-civil penalty, to contest the citation, or to appear in court. 719
1069- (h) The applicable civil penalty if the person elects not 720
1070-to contest the citation. 721
1071- (3) Any person issued a citation pursuant to this section 722
1072-is charged with a civil infraction, punishable by a civil 723
1073-penalty of up to $25, 50 hours of community se rvice, or, where 724
1074-available, successful completion of a school -approved, anti-725
1050+tobacco products. Such places of business shall have no openings 701
1051+permitting direct access to any other building or room, except 702
1052+to a private office o r storage room of the place of business 703
1053+from which patrons are excluded. Vendors licensed under s. 704
1054+565.02(1)(a) may sell hemp consumable THC products in accordance 705
1055+with ss. 581.217 and 581.218. 706
1056+ Section 7. Effective January 1, 2026, paragraph (a) of 707
1057+subsection (2) of section 565.045, Florida Statutes, is amended 708
1058+to read: 709
1059+ 565.045 Regulations for consumption on premises; penalty; 710
1060+exemptions.— 711
1061+ (2)(a) There shall not be sold at such places of business 712
1062+anything other than the beverages permitted, home bar and party 713
1063+supplies and equipment (including , but not limited to, glassware 714
1064+and party-type foods), cigarettes, hemp consumable THC products 715
1065+in accordance with ss. 581.217 and 581.218, and what is 716
1066+customarily sold in a restaurant. 717
1067+ Section 8. Section 569 .006, Florida Statutes, is amended 718
1068+to read: 719
1069+ 569.006 Retail tobacco products dealers; administrative 720
1070+penalties.—The division may suspend or revoke the permit of the 721
1071+dealer upon sufficient cause appearing of the violation of any 722
1072+of the provisions of s. 581.217, s. 581.218, or this chapter, 723
1073+including part II of this chapter if the dealer deals, at 724
1074+retail, in nicotine products within the state or allows a 725
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10841084
10851085
10861086
1087-drug, alternative-to-suspension program. 726
1088- (4) Any person who fails to comply with the directions on 727
1089-the citation waives his or her right to contest the citation, 728
1090-and an order to show cause may be issued by the court. 729
1091- Section 6. Subsection (1) of section 565.04, Florida 730
1092-Statutes, is amended to read: 731
1093- 565.04 Package store restrictions. — 732
1094- (1) Vendors licensed under s. 565.02(1)(a) shall not in 733
1095-said place of business sell, offer , or expose for sale any 734
1096-merchandise other than such beverages, and such places of 735
1097-business shall be devoted exclusively to such sales; provided, 736
1098-however, that such vendors shall be permitted to sell bitters; 737
1099-grenadine; nonalcoholic mixer -type beverages, not to include 738
1100-fruit juices produced outside this state; fruit juices produced 739
1101-in this state; home bar and party supplies and equipment, 740
1102-including but not limited to glassware and party -type foods; 741
1103-miniatures of no alcoholic content; nicotine products; and 742
1104-tobacco products. Such places of business may not shall have no 743
1105-openings permitting direct access to any other building or room, 744
1106-except to a private office or storage room of the place of 745
1107-business from which patrons are excluded. Vendors licensed under 746
1108-s. 565.02(1)(a) may sell hemp consumable THC products for off -747
1109-premises consumption in accordance with ss. 581.217 and 581.218. 748
1110- Section 7. Paragraph (a) of subsection (2) of section 749
1111-565.045, Florida Statutes, is amended to read: 750
1087+nicotine products vending machine to be located on its premises 726
1088+within the state, by a dealer or by a dea ler's agent or 727
1089+employee. The division may also assess and accept administrative 728
1090+fines of up to $1,000 against a dealer for each violation. The 729
1091+division shall deposit all fines collected into the General 730
1092+Revenue Fund as collected. An order imposing an admin istrative 731
1093+fine becomes effective 15 days after the date of the order. The 732
1094+division may suspend the imposition of a penalty against a 733
1095+dealer, conditioned upon the dealer's compliance with terms the 734
1096+division considers appropriate. 735
1097+ Section 9. Section 569. 35, Florida Statutes, is amended to 736
1098+read: 737
1099+ 569.35 Retail nicotine product dealers; administrative 738
1100+penalties.—The division may suspend or revoke the permit of a 739
1101+dealer, including the retail tobacco products dealer permit of a 740
1102+retail tobacco products dealer as defined in s. 569.002(4), upon 741
1103+sufficient cause appearing of the violation of any of the 742
1104+provisions of s. 581.217, s. 581.218, or this part, by a dealer, 743
1105+or by a dealer's agent or employee. The division may also assess 744
1106+and accept an administrative fine of up to $1,000 against a 745
1107+dealer for each violation. The division shall deposit all fines 746
1108+collected into the General Revenue Fund as collected. An order 747
1109+imposing an administrative fine becomes effective 15 days after 748
1110+the date of the order. The division ma y suspend the imposition 749
1111+of a penalty against a dealer, conditioned upon the dealer's 750
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11201120 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
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11221122
11231123
1124- 565.045 Regulations for c onsumption on premises; penalty; 751
1125-exemptions.— 752
1126- (2)(a) There may shall not be sold at such places of 753
1127-business anything other than the beverages permitted, home bar 754
1128-and party supplies and equipment (including , but not limited to, 755
1129-glassware and party-type foods), cigarettes, hemp consumable THC 756
1130-products for off-premises consumption in accordance with ss. 757
1131-581.217 and 581.218, and what is customarily sold in a 758
1132-restaurant. 759
1133- Section 8. Section 569.006, Florida Statutes, is amended 760
1134-to read: 761
1135- 569.006 Retail tobacco products dealers; administrative 762
1136-penalties.—The division may suspend or revoke the permit of the 763
1137-dealer upon sufficient cause appearing of the violation of any 764
1138-of the provisions of s. 581.217, s. 581.218, or this chapter, 765
1139-including part II of this cha pter if the dealer deals, at 766
1140-retail, in nicotine products within the state or allows a 767
1141-nicotine products vending machine to be located on its premises 768
1142-within the state, by a dealer or by a dealer's agent or 769
1143-employee. The division may also assess and accept administrative 770
1144-fines of up to $1,000 against a dealer for each violation. The 771
1145-division shall deposit all fines collected into the General 772
1146-Revenue Fund as collected. An order imposing an administrative 773
1147-fine becomes effective 15 days after the date of the o rder. The 774
1148-division may suspend the imposition of a penalty against a 775
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1158-
1159-
1160-
1161-dealer, conditioned upon the dealer's compliance with terms the 776
1162-division considers appropriate. 777
1163- Section 9. Section 569.35, Florida Statutes, is amended to 778
1164-read: 779
1165- 569.35 Retail nicoti ne product dealers; administrative 780
1166-penalties.—The division may suspend or revoke the permit of a 781
1167-dealer, including the retail tobacco products dealer permit of a 782
1168-retail tobacco products dealer as defined in s. 569.002(4), upon 783
1169-sufficient cause appearing of the violation of any of the 784
1170-provisions of s. 581.217, s. 581.218, or this part, by a dealer, 785
1171-or by a dealer's agent or employee. The division may also assess 786
1172-and accept an administrative fine of up to $1,000 against a 787
1173-dealer for each violation. The divisi on shall deposit all fines 788
1174-collected into the General Revenue Fund as collected. An order 789
1175-imposing an administrative fine becomes effective 15 days after 790
1176-the date of the order. The division may suspend the imposition 791
1177-of a penalty against a dealer, conditio ned upon the dealer's 792
1178-compliance with terms the division considers appropriate. 793
1179- Section 10. This act shall take effect January 1, 2026. 794
1124+compliance with terms the division considers appropriate. 751
1125+ Section 10. Except as otherwise expressly provided in this 752
1126+act, this act shall take effect July 1, 2025. 753