HB 1205 — Kratom

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words underlined are additions.

hb1205-01-c1 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 CS/HB 1205 2026 providing that a person issued such a citation is charged with civil infraction and subject to specified penalties;

providing for waiver of the right to contest such a citation in certain circumstances;

amending ss.

565.04 and 565.045, F.S.;

authorizing specified businesses to sell kratom products;

amending ss.

569.006 and 569.35, F.S.;

conforming provisions to changes made by the act;

500.92(Substantial Floridarewording Kratomof Consumersection. Protection Act.— (1) This section may be cited as the "Florida Kratom Consumer Protection Act." (2) As used in this section, the term:

(a)See "Attractives. to children" means a product manufactured:

500.92, F.S., for present text.) 500.92 Florida Kratom Consumer Protection Act.— (1) SHORT TITLE.—Sections 500.92-500.95 may be cited as the "Florida Kratom Consumer Protection Act." (2) DEFINITIONS.—As used in this act, the term:

(a) "Attractive to children" means:

InManufactured ain the shape of or packaged in a container or package displaying humans or animals that resemblesare featured in a human,manner other than their natural form and are in a cartoonform character,commonly known to appeal primarily to children, or antoys animal;or cartoons that are featured in any manner, or any other forms that have Page 3 of 23 CODING:

or 2.

In a form that resembles an existing candy product that is a widely distributed, branded food item.

(b) "Finished kratom product" means a kratom product that Page 2 of 10 CODING:

hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 isfeatures readysimilar forto salehumans, tocartoons, ananimals, endor user.toys that target children;

For purposes of registration, a finished kratom product is differentiated by its ingredients, not by its weight, volume, or size.

(c) "Kratom" means the plant or any part of the plant Mitragyna speciosa in any form.

(d) "Kratom beverage" means a prepackaged liquid kratom product in the form of a tea, seltzer or tonic water, or tincture.

(e) "Kratom food service establishment" means any public food service establishment licensed under chapter 509 which sells finished kratom products.

(f) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other consumable edible form.

(g) "Processor" means an individual or business entity that:

1.

Refines kratom into ingredients used for the purpose of manufacturing a finished kratom product;

ManufacturesManufactured finishedin kratoma products;form or packaged in a container or package that bears any reasonable resemblance to an existing candy or snack product that is familiar to the public;

PackagesManufactured finishedin kratoma productsform or packaged in a container or package that bears any reasonable resemblance to a branded food product such that the product could be mistaken for resale.the branded food product, especially by children.

(3)(b) Finished"Contaminants kratomunsafe productsfor soldhuman consumption" means a microbe, fungus, yeast, mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in thisany stateamount tothat aexceeds Pageany 3of the accepted limitations as determined by rules adopted by the Department of 10Health CODING:in accordance with s.

381.986, or other limitation pursuant to any law of this state, whichever amount is less.

(c) "Department" means the Department of Agriculture and Consumer Services.

(d) "Independent testing laboratory" means a laboratory that:

1.

Does not have a direct or indirect interest in the entity whose product is being tested.

2.

Does not have a direct or indirect interest in a facility that cultivates, processes, distributes, dispenses, or sells kratom products in this state or in another jurisdiction Page 4 of 23 CODING:

hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 consumeror atcultivates, aprocesses, retaildistributes, establishment,dispenses, includingor asells foodmarijuana establishment as defined in s.

500.03(1),381.986(1). a convenience store, or a kava or kratom bar, must:

(a)3. Be in one of the following delivery forms:

Is certified by the Department of Health as a medical marijuana testing laboratory pursuant to s.

381.988 or is certified by the department pursuant to subsection (3) as being substantially equivalent to a medical marijuana testing laboratory.

(e) "Kratom product" means a food product, food ingredient, dietary ingredient, dietary supplement, or beverage intended for human consumption which contains any part of the leaf of the plant Mitragyna speciosa or an extract, synthetic alkaloid, or synthetically derived compound of such plant and is manufactured as a powder, capsule, pill, beverage, or other edible form.

(f) "Manufacturer" means a person or entity that engages in the process of manufacturing, preparing, or packaging kratom products.

(g) "Retailer" means a person or entity that sells kratom products to consumers.

(h) "Wholesaler" means a person or entity located within or outside this state which delivers or sells products containing kratom to retailers or other persons in this state for purposes of resale.

(3) CERTIFICATION OF LABORATORIES.— Page 5 of 23 CODING:

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hb1205-01-c1 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 CS/HB 1205 2026 (a) The department must certify any laboratory located within this state or another state that meets the qualifications of an independent testing laboratory.

However, a medical marijuana testing laboratory certified pursuant to s.

381.988 is not required to be certified by the department.

(b) The department must adopt rules establishing the standards for certification of independent testing laboratories and testing kratom products in accordance with this section.

The Department of Health must assist the department in developing rules for the certification of independent testing laboratories, which must include, but are not limited to:

DriedSecurity leaf;standards.

KratomMinimum beverage;standards for personnel.

Powder;Sample collection methods and process standards.

Pill;Proficiency testing for Mitragynine, 7- hydroxymitragynine, and contaminants unsafe for human consumption, as determined by department rule.

LiquidReporting dietarycontent, supplement;format, and frequency.

GummyAudits orand foodonsite thatinspections. are not attractive to children;

or 7.

Capsule.Quality assurance.

(b)8. Submit a certificate of analysis pursuant to paragraph (4)(c).

(c)Equipment Holdand amethodology. permit pursuant to paragraph (4)(a).

(d)9. Include directions for consumption on the product's label, including, but not limited to:

Chain of custody.

10.

Any other standard the department deems necessary.

(c) The department shall adopt rules establishing a procedure for initial certification and biennial renewal.

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hb1205-01-c1 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 CS/HB 1205 2026 department shall renew the certification biennially if the laboratory meets the requirements of this section or any rules adopted under this subsection.

(d) The department shall publish on its website a list of all laboratories that have received certification.

(e) The department may refuse to issue or renew, or may suspend or revoke, the certification of an independent testing laboratory that violates this section or any rules adopted by the department pursuant to this section.

(f) A laboratory that is issued a certification from the department pursuant to this subsection agrees to random, unannounced audits and onsite inspections by the department or its authorized agents.

(4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.— (a) Kratom products may only be distributed and sold in this state if all of the following conditions are met:

MaximumThe dosage of 100 milligrams of kratom alkaloidsproduct: per serving.

a.

Is not adulterated with a dangerous non-kratom substance affecting the quality or strength of the product to a degree that renders the product injurious to a consumer.

b.

Is not contaminated with contaminants unsafe for human consumption or an otherwise deleterious non-kratom substance, including a controlled substance.

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hb1205-01-c1 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 CS/HB 1205 2026 c.

Contains a level of 7-hydroxymitragynine in the alkaloid fraction that is no more than 2 percent of the overall alkaloid composition of the product.

d.

Does not contain any synthetic alkaloids, including synthetic 7-hydroxymitragynine and synthetically derived compounds from a plant of the Mitragyna speciosa.

NumberThe kratom product is tested by the manufacturer, the wholesaler, and the retailer by an independent testing laboratory and the laboratory's certificate of servingsanalysis perstates package.the kratom product was tested for:

a.

Synthetic alkaloids.

b.

7-hydroxymitragynine.

c.

Heavy metals.

d.

Mycotoxins.

e.

Pesticides.

f.

Potency.

g.

Residual solvents.

h.

Any other controlled substance.

i.

Any other substance the department deems necessary.

MilligramsThe ofkratom 7-hydroxymitragynineproduct andis mitragyninedistributed peror serving.sold in a container or package that includes:

a.

A scannable barcode or quick response code linked to the certificate of analysis of the kratom product.

b.

The kratom product testing number.

c.

The expiration date of the kratom product.

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hb1205-01-c1 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 CS/HB 1205 2026 d.

The total number of milligrams of alkaloids in the container or package and the number of milligrams of alkaloids per serving in a clear and conspicuous manner.

e.

The toll-free telephone number of the three certified regional poison control centers in this state or the toll-free telephone number of the Florida Poison Information Center Network.

f.

The total number of servings of the product.

AThe warningkratom advisingproduct consumersis ofdistributed theor numbersold of servings that may be safely consumed in a 24-hourcontainer period.or package that:

5.a.

AIs warningsuitable prohibitingto usecontain byproducts individualsfor whohuman areconsumption. under 21 years of age.

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Is composed of materials designed to minimize exposure to light.

c.

Mitigates exposure to high temperatures.

d.

Is a single color and not transparent.

However, the universal symbol, scannable barcode, and quick response code must be a color different from the color of the container or package, and any text must be black or white.

This sub- subparagraph does not apply to beverage containers or packages.

e.

Does not contain any pictures or images other than a single logo.

The logo may not be attractive to children and may not cover more than 20 percent of the container or package.

This sub-subparagraph does not apply to beverage containers and packages.

However, beverage containers and packages may not contain a logo that is attractive to children.

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hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 6.f.

ADoes warningnot advisingcontain againstany usetext, bypictures, individualsor whoimages arethat pregnantdirectly or breastfeeding.indirectly market the product as causing or possibly causing an intoxicating or psychotropic effect.

7.This sub- subparagraph does not apply to the warning and symbol requirements provided in sub-subparagraphs g.

A warning advising the consumer to consult a health care professional before use, that the product may be habit- forming, and thati. it may cause adverse health effects.

8.g.

AContains warninga statinguniversal symbol developed by the following:department which indicates the presence of kratom.

THESEh. STATEMENTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

THISIs PRODUCTnot ISattractive NOTto INTENDEDchildren. TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

9.i.

TheContains expirationa date.clear and conspicuous warning, developed by the department, that the product is a kratom product.

10.j.

TheComplies namewith andthe placeUnited ofStates businessPoison Prevention Packaging Act of the1970, registrant.15 U.S.C.

(e)ss. Not be attractive to children.

(f)1471 Beet inseq., awithout containerregard that:to provided exemptions.

For purposes of this sub- subparagraph, a beverage in a sealed container is considered in compliance with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C.

ss.

1471 et seq.

(b) A wholesaler or retailer is not required to test its kratom product in accordance with paragraph (a) if the product:

Is suitablepackaged in a manner that may be sold to containthe productsconsumer forwhen humanthe consumption;wholesaler or retailer receives the product from the manufacturer or wholesaler.

IsWas complianttested within theaccordance Unitedwith Statesthis Poisonparagraph Preventionby Packagingthe Actmanufacturer ofor 1970,wholesaler. 15 U.S.C.

ss.3.

1471Has etnot seq.;been opened by the wholesaler or retailer.

orPage 3.10 of 23 CODING:

Contains a graduated measuring device, if applicable.

(g) Not be adulterated or mixed with any other ingredient, including, but not limited to, metals, pesticides, or pathogens, in excess of the limits set forth this section or by department rule.

(h) Only be sold in establishments that restrict entry to individuals who are under the age of 21 years and require age Page 5 of 10 CODING:

hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 verification.(c) The retail sale and delivery of kratom products is prohibited, except:

(i)1. Not be served in a form that combines or mixes finished kratom products with psychoactive substances that impact the central nervous system, including, but not limited to, alcohol, caffeine, kava, cannabinoids, and nicotine.

(4)(a)1.At an establishment that has a food permit from the department and prohibits the presence of persons under 21 years of age on the establishment's premises;

Finished kratom products may only be manufactured or distributed by a processor who holds a permit issued under s.

500.12 to operate as a food establishment as defined in s.

500.03(1).

A kratom food service establishment may not operate a cottage food operation pursuant to s.

500.80.

AAt kratoman foodestablishment servicethat establishmenthas isa notfood requiredpermit tofrom holdthe department and a permitquota pursuantlicense toissued subparagraphunder 1.s.

if565.02(1)(a)-(f). a kratom beverage is sold with another food or beverage for consumption on the premises of the food establishment.

However,An such establishment maywith not sell a kratomquota beveragelicense withissued alcohol,under drugs,s. or another finished kratom product.

(b)565.02(1)(a)-(f) Awhich processorallows thatthe refines,presence manufactures,of packages,persons orunder offers21 foryears saleof kratom,age on the establishment's premises must place kratom products, ornot finishedincluding kratombeverages, productsin must:an area inaccessible to customers.

Such an establishment may place kratom products, not including beverages, in an open display unit as long as the unit is located in an area that is inaccessible to customers;

or 3.

In accordance with the mail order, Internet, and remote sales of kratom products requirements in s.

500.925.

(d)1.

Kratom products may not be sold, given, bartered, furnished, or delivered to consumers at wholesale.

2.

Kratom products may not be sold, given, bartered, furnished, or delivered to consumers at festivals, fairs, trade shows, farmers' markets, expositions, or pop-up retail establishments unless the festival, fair, trade show, farmers' market, exposition, or pop-up retail establishment prohibits persons under 21 years of age from attending and every retailer selling kratom products at the festival, fair, trade show, Page 11 of 23 CODING:

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words underlined are additions.

hb1205-01-c1 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 CS/HB 1205 2026 farmers' market, exposition, or pop-up retail establishment has a food permit from the department.

(5) AGE RESTRICTION.—It is unlawful to sell, give, barter, furnish, or deliver, directly or indirectly, a kratom product to a person who is under 21 years of age.

(6) PENALTIES.—A person who violates subsection (4) or subsection (5) commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083 for the first offense.

A person who commits a second offense within 12 months after the first offense commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

A person who commits a third or subsequent offense within 12 months after the second offense commits a felony of the third- degree, punishable as provided in s.

775.082 or s.

775.083.

(7) DEPARTMENTAL ACTION.—In addition to any other penalty provided by law, the department may take any of the following actions against a person licensed or permitted by the department for a violation of this section:

(a) Place on probation or reprimand the licensee or permitee or send a letter of guidance;

(b) Revoke, suspend, or deny the issuance or renewal of the license or permit;

or (c) Impose an administrative fine not to exceed $5,000 per violation and assess costs associated with investigation and prosecution.

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hb1205-01-c1 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 CS/HB 1205 2026 (8) RULES.—The department shall adopt and enforce rules to implement this section.

Every state attorney, sheriff, police officer, and other appropriate county or municipal officer shall enforce, or assist any agent of the department in enforcing, such rules adopted by the department.

Section 2.

Section 500.925, Florida Statutes, is created to read:

500.925 Mail order, Internet, and remote sales of kratom products;

age verification.— (1) As used in this section, the term:

(a) "Consumer" means a person in this state who comes into possession of any kratom product, who, at the time of possession, does not intend to sell or distribute the kratom product, and who is not a retailer.

(b) "Delivery sale" means any sale of kratom products to a consumer in this state for which:

BeThe properlyconsumer registeredsubmits withthe order for the Unitedsale Statesby Foodtelephonic andor Drugother Administration.voice transmission, mail, delivery service, or the Internet or other online service;

or 2.

The kratom products are delivered by mail or a delivery service.

(c) "Delivery service" means a person engaged in the commercial delivery of letters, packages, or other containers.

(d) "Legal minimum purchase age" means the minimum age at which a person may legally purchase kratom products in this Page 13 of 23 CODING:

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hb1205-01-c1 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 CS/HB 1205 2026 state.

(e) "Shipping container" means a container in which kratom products are shipped in connection with a delivery sale.

(f) "Shipping document" means a bill of lading, airbill, United States Postal Service form, or any other document used to verify the undertaking by a delivery service to deliver letters, packages, or other containers.

(2)(a) A person may make a delivery sale of kratom products to a consumer regardless of whether the person accepting the order for the delivery sale is located within or outside this state.

(b) A retailer must obtain a food permit from the department under chapter 500 before accepting an order for a delivery sale.

(c) A person may not make a delivery sale of kratom products to a person who is not 21 years of age or older.

(d) Each person accepting an order for a delivery sale of kratom products must comply with each of the following:

1.

The age verification requirements set forth in subsection (3).

AdhereThe tonotice therequirements applicableset currentforth goodin manufacturingsubsection practices(4). pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C.

ss.

301 et seq.;

21 C.F.R.

part 210.

MaintainThe productshipping liabilityrequirements insuranceset withforth anin occurrencesubsection Page(5). 6 of 10 CODING:

(3) A person may not mail, ship, or otherwise deliver kratom products in connection with an order for a delivery sale unless, before the first delivery to the consumer, the person Page 14 of 23 CODING:

hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 limitaccepting ofthe $3order million.for the delivery sale:

(c)1.(a) Obtains from the person submitting the order a certification that includes:

For1. each batch of a finished kratom product, the processor shall submit to the department, upon request, a certificate of analysis from an accredited laboratory.

TheReliable laboratoryconfirmation mustthat bethe accreditedperson byis a21 third-partyyears accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of theage Internationalor Organizationolder. for Standardization.

The processor may not have any direct or indirect financial or economic interest in the laboratory or third-party accrediting body.

The processor shall retain each certificate of analysis for at least 1 year after the expiration of the relevant batch of finished kratom product.

EachA certificatestatement ofsigned analysisby requiredthe pursuantperson toin subparagraphwriting 1.and under penalty of perjury which:

must demonstrate that the finished kratom product complies with the concentration limits for:

AlkaloidCertifies the address and alkaloiddate metabolites.of birth of the person.

ResidualConfirms solvents.that the person wants to receive the delivery sale from a kratom product retailer and understands that, under the law of this state, the following actions are illegal:

c.(I) Signing another person's name to the certification.

Heavy(II) metals,Selling includingkratom cadmium,products arsenic,to mercury,persons andwho lead.are not 21 years of age or older.

d.(III) Purchasing kratom products if the person making the purchase is not 21 years of age or older.

Pesticides.(b) Makes a good faith effort to verify the information contained in the certification required under paragraph (a) against a commercially available database that may be reasonably relied on for accurate age information or obtains a photocopy or other image of a valid government-issued identification card stating the date of birth or age of the person.

e.(c) Provides to the person, by e-mail or other electronic means, a notice that meets the requirements of subsection (4).

Any(d) otherReceives substancepayment limitedfor bythe departmentdelivery rule.sale from the Page 15 of 23 CODING:

3.

If a laboratory fails to ensure the accuracy of its certificates of analysis issued pursuant to this paragraph, the laboratory shall be assessed an administrative fine in an amount as prescribed by department rule.

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hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 4.consumer by a credit or debit card issued in the name of the consumer, or by personal or company check of the consumer, if the order is made pursuant to an advertisement on the Internet.

If(e) aSubmits, processorto failseach tocredit providecard theacquiring departmentcompany with awhich certificatethe ofperson analysishas withincredit 7card dayssales, afteridentification receivinginformation ain requestan fromappropriate form and format so that the departmentwords pursuant"kratom toproduct" subparagraphare 1.,printed theon departmenteach shallcredit revokecard thestatement processor'swhen permit.a purchase of kratom products is made by credit card payment.

(5)(a)(f) IfContacts a processor becomes aware of an adverse health event suspected of being associated with the useperson orvia consumptiontelephone ofafter a5 finishedp.m. kratom product pursuant to this section, the processor must submit to the department an adverse event report pursuant to chapter IX of the Food and Drug Administration's Food, Drug, and Cosmetic Act.

If a processor fails to reportconfirm such an event to the departmentorder pursuantbefore tomailing, thisshipping, paragraph,or theotherwise departmentdelivering shall revoke the processor'skratom permit.products.

(b)The Ifperson probableaccepting causethe existsorder thatfor athe finisheddelivery kratomsale product is adulteratednot inrequired violationto ofspeak thisdirectly section,with the department may require an independent third-party test of the product by a laboratoryperson of the department's own choosing, and themay processorleave musta payrecorded allmessage. costs associated with the test.

IfIn theaddition processorto doesthe notrequirements payof suchthis costssubsection, withina 30person daysaccepting after receiving an invoiceorder for thea test,delivery thesale departmentmay shallrequest revokethat thea processor'sconsumer permit.provide an e-mail address.

(3)(4) ItThe isnotice unlawfulrequired toin sell,paragraph deliver,(3)(c) barter,must furnish,include orprominent give,and directlyclearly orlegible indirectly,statements anythat kratomthe productsale toof akratom personproducts whoare: is under 21 years of age.

(6)(a)(4)(a) AIllegal violationif ofmade subsectionto (4)persons (3)who isare anot misdemeanor21 years of theage secondor degree,older. punishable as provided in s.

(b) Restricted to those persons who provide verifiable proof of age in accordance with subsection (3).

(5) Each person who mails, ships, or otherwise delivers Page 16 of 23 CODING:

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hb1205-01-c1 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 CS/HB 1205 2026 kratom products in connection with an order for a delivery sale must:

(a) Ship the kratom products in a container that complies with the container requirements in s.

500.92.

(b) Include as part of the shipping documents, in a clear and conspicuous manner, the following statement:

"Kratom product:

Florida law prohibits shipping to persons under 21 years of age." (c) Use a method of mailing, shipping, or delivery which obligates the delivery service to require proof that the person accepting the order for the delivery sale is 21 years of age or older and resides at the address listed on the order label, by reviewing a valid government-issued identification card bearing a photograph of the person who signs to accept delivery of the shipping container.

If the person accepting a purchase order for a delivery sale delivers the kratom products without using a delivery service, the person must comply with all of the requirements of this section which apply to a delivery service.

Any failure to comply with a requirement in this section constitutes a violation of this section.

(6) This section does not apply to a delivery sale of Page 17 of 23 CODING:

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words underlined are additions.

hb1205-01-c1 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 CS/HB 1205 2026 kratom products to a retailer or wholesaler.

(7) A person 21 years of age or older who knowingly violates this section commits a misdemeanor of the second degree, punishable as provided in s.

Page(8) 8The ofAttorney 10General, CODING:the Attorney General's designee, or a state attorney may bring an action in the appropriate court in this state to restrain, enjoin, or otherwise prevent a person from violating this section.

Section 3.

Section 500.94, Florida Statutes, is created to read:

500.94 Seizure and destruction of contraband kratom products.—A kratom product sold, offered for sale, delivered, or distributed in violation of s.

500.92 or s.

500.925 is a contraband article as provided in s.

932.701(2)(a), shall be subject to seizure and forfeiture as provided by the Florida Contraband Forfeiture Act, and must be disposed of as provided in this section.

(1) A court having jurisdiction shall order such kratom products forfeited upon a showing that, by a preponderance of the evidence, such products were sold, offered for sale, delivered, or distributed in violation of s.

500.92 or s.

500.925.

Upon completion of any chapter 120 proceedings related to such products, the court shall order any seized kratom products destroyed, except as provided by applicable court order.

A record of the place where such products were seized;

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hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 (b)the Thekinds departmentand shallquantities exerciseof itssuch authorityproducts underdestroyed; s.

500.172and the time, place, and issuemanner aof stop-salethe ordestruction stop-useof ordersuch forproducts anymust finishedbe kratomkept, productand sold,a distributed,return manufactured,under delivered,oath orreporting offeredthe fordestruction salemust inbe violationmade ofto thisthe section.court by the law enforcement officer who destroys such products.

(2) The department mayor imposea penaltieslaw asenforcement providedagency inthat s.seizes contraband kratom products must keep a full and complete record of all kratom products seized pursuant to this section, showing:

500.121.(a) The exact kinds, quantities, and forms of such products.

(b) The departmentpersons mayfrom notwhom grantsuch permissionproducts towere removeseized orand use, except for disposal, any finished kratom product subject to awhom stop-salesuch orproducts stop-usewere orderdelivered. which is attractive to children until the finished kratom product complies with this section.

(c) ABy processorwhose thatauthority sells,such distributes,products manufactures,were delivers,seized, ordelivered, offersand fordestroyed. sale a kratom product that contains a controlled substance or adulterants violates this section.

(7)(d) ThisThe sectiondates doesof notseizure applyand todisposal finished kratom products that are refined, manufactured, or packageddestruction in this state, shipped or transported outside of thissuch stateproducts. for sale or use.

However,Such suchrecord products:must be made available for inspection by all persons charged with the enforcement of ss.

(a)500.92 Mayand not500.925. be sold, shipped, or transported to a consumer in this state, a retail establishment in this state, or an individual who sells or intends to sell such products to a consumer in this state.

(b)(3) MustAny becosts inassociated awith packagethe whichseizure containsand thedestruction followingof messagecontraband inkratom capitalizedproducts textpursuant ofto atthis leastsection 36are boldborne font:by the person from whom such products are seized.

NOT(4) FORExcept USEas ORotherwise RETAILprovided SALEin INthis FLORIDA.section, the provisions of the Florida Contraband Forfeiture Act apply to this section.

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hb1205-00hb1205-01-c1 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 HBCS/HB 1205 2026 (c)Section Must4. be physically separated from finished kratom products that are, or intended to be, sold or used in this state.

(8)(5)Section The500.95, departmentFlorida shallStatutes, adoptis rulescreated to administerread: this section.

Section500.95 2.Ingesting kratom products prohibited near school property;

Forpenalty.— the(1) 2026-2027A fiscalperson year,may thenot sumsingest ofkratom $1,920,141.22products inin, recurringon, fundsor andwithin $1,791,6081,000 infeet nonrecurringof funds from the Generalreal Inspectionproperty Trustcomprising Funda arepublic appropriatedor toprivate theelementary, Departmentmiddle, ofor Agriculturesecondary andschool Consumerbetween Services, and 24 full-time equivalent positions with associated salary rate of 1,508,152.18 are authorized, for the purposehours of implementing6 thisa.m. act.

Sectionand 3.midnight.

This subsection does not apply to a person in a moving vehicle or within a private residence.

(2) A law enforcement officer may issue a citation in such form as prescribed by a county or municipality to any person who violates subsection (1).

Such citation must contain:

(a) The date and time of issuance.

(b) The name and address of the person cited.

(c) The date and time the civil infraction was committed.

(d) The statute violated.

(e) The facts constituting the violation.

(f) The name and authority of the law enforcement officer.

(g) The procedure for the person to follow to pay the civil penalty, to contest the citation, or to appear in court.

(h) The applicable civil penalty if the person elects not to contest the citation.

(i) The applicable civil penalty if the person elects to contest the citation.

(3) A person issued a citation pursuant to subsection (2) Page 20 of 23 CODING:

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words underlined are additions.

hb1205-01-c1 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 CS/HB 1205 2026 is charged with a civil infraction, punishable by a civil penalty of up to $25, 50 hours of community service, or, if available, successful completion of a school-approved, anti- drug, alternative-to-suspension program.

(4) A person who fails to comply with the directions on a citation issued pursuant to subsection (2) waives his or her right to contest the citation, and an order to show cause may be issued by the court.

Section 5.

Subsection (1) of section 565.04, Florida Statutes, is amended to read:

565.04 Package store restrictions.— (1) Vendors licensed under s.

565.02(1)(a) shall not in said place of business sell, offer, or expose for sale any merchandise other than such beverages, and such places of business shall be devoted exclusively to such sales;

provided, however, that such vendors shall be permitted to sell bitters;

grenadine;

nonalcoholic mixer-type beverages, not to include fruit juices produced outside this state;

fruit juices produced in this state;

home bar and party supplies and equipment, including but not limited to glassware and party-type foods;

miniatures of no alcoholic content;

nicotine products;

and tobacco products.

Such places of business shall have no openings permitting direct access to any other building or room, except to a private office or storage room of the place of business from which patrons are excluded.

Vendors licensed under s.

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hb1205-01-c1 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 CS/HB 1205 2026 565.02(1)(a) may sell kratom products in accordance with the Florida Kratom Consumer Protection Act.

Section 6.

Paragraph (a) of subsection (2) of section 565.045, Florida Statutes, is amended to read:

565.045 Regulations for consumption on premises;

penalty;

exemptions.— (2)(a) There may shall not be sold at such places of business anything other than the beverages permitted;, home bar and party supplies and equipment, (including, but not limited to, glassware and party-type foods;), cigarettes;

kratom products in accordance with the Florida Kratom Consumer Protection Act;, and what is customarily sold in a restaurant.

Section 7.

Section 569.006, Florida Statutes, is amended to read:

569.006 Retail tobacco products dealers;

administrative penalties.—The division may suspend or revoke the permit of the dealer upon sufficient cause appearing of the violation of any of the provisions of s.

500.92, s.

500.925, or this chapter, including part II of this chapter if the dealer deals, at retail, in nicotine products within the state or allows a nicotine products vending machine to be located on its premises within the state, by a dealer or by a dealer's agent or employee.

The division may also assess and accept administrative fines of up to $1,000 against a dealer for each violation.

The division shall deposit all fines collected into the General Page 22 of 23 CODING:

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hb1205-01-c1 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 CS/HB 1205 2026 Revenue Fund as collected.

An order imposing an administrative fine becomes effective 15 days after the date of the order.

The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate.

Section 8.

Section 569.35, Florida Statutes, is amended to read:

569.35 Retail nicotine product dealers;

administrative penalties.—The division may suspend or revoke the permit of a dealer, including the retail tobacco products dealer permit of a retail tobacco products dealer as defined in s.

569.002(4), upon sufficient cause appearing of the violation of any of the provisions of s.

500.92, s.

500.925, or this part, by a dealer, or by a dealer's agent or employee.

The division may also assess and accept an administrative fine of up to $1,000 against a dealer for each violation.

The division shall deposit all fines collected into the General Revenue Fund as collected.

An order imposing an administrative fine becomes effective 15 days after the date of the order.

The division may suspend the imposition of a penalty against a dealer, conditioned upon the dealer's compliance with terms the division considers appropriate.

Section 9.

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