PCS for HB 1489 (Kratom Products) — Florida House of Representatives, 2025
- Issuer
- Congressional materials
- Document type
- 2025 3288 Industries Professional Activities Subcommittee Proposed Committee Bills Pcbs Fn
- Case
- 2025 3288 Industries Professional Activities Subcommittee Proposed Committee Bills Pcbs Fn Pcs For Hb 1489
Summary
A Florida House of Representatives proposed committee substitute, PCS for HB 1489 (2025), a 22-page bill relating to kratom products. It amends s. 500.92, F.S., the Florida Kratom Consumer Protection Act, adding definitions, certification of independent testing laboratories, and conditions for distribution and retail sale, including a limit on 7-hydroxymitragynine and testing and packaging requirements. The bill restricts retail sale to certain permitted establishments, bars sales to persons under 21 years of age, and sets escalating criminal penalties. Its title also describes new s. 500.93, s. 500.94 and s. 500.95, F.S., and amendments to ss. 565.04, 565.045, 569.006 and 569.35, F.S. Section 8 allows an administrative fine of up to $1,000 per violation against a dealer, and Section 9 sets an effective date of January 1, 2026.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Cite this document
“PCS for HB 1489 (Kratom Products) — Florida House of Representatives, 2025.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-3288-industries-professional-activities-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1489/
, SHA-256 0e5f335a40b30724b9c828fe8762e646a0c6c690097e481946730abd7b3f6a0e.Full text
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
PCS for HB 1489 2025
1 A bill to be entitled
2 An act relating to kratom products; amending s.
3 500.92, F.S.; adding sections to the Florida Kratom
4 Consumer Protection Act; creating definitions;
5 providing for the certification of certain
6 laboratories; providing requirements for the sale and
7 distribution of kratom products; providing that only
8 certain businesses may sell kratom products at retail
9 and under certain conditions; providing that kratom
10 may nt be sold at certain places; revising criminal
11 penalties; providing administrative penalties;
12 providing jurisidiction for certain law enforcement
13 agencies; creating s. 500.93, F.S.; defining terms;
14 providing requirements for mail order, Internet, and
15 remote sales of kratom products; providing
16 applicability; providing criminal penalties; creating
17 s. 500.94, F.S.; declaring certain kratom products as
18 contraband subject to seizure and confiscation by
19 certain persons under the Florida Contraband
20 Forfeiture Act; providing procedures for the seizure
21 and destruction of such kratom products; providing
22 applicability; creating s. 500.95, F.S., prohibiting
23 using kratom products within a certain distance from a
24 school and at certain times; authorizing a law
25 enforcement officer to issue citations; amending s.
Page 1 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
26 565.04, F.S.; providing that certain alcoholic
27 beverage licensees may sell kratom products; amending
28 s. 565.045, F.S.; providing that certain alcoholic
29 beverage licensees may sell kratom products; amending
30 s. 569.006, F.S.,; providing that the division of
31 alcoholic beverages and tobacco may discipline a
32 retail tobacco products dealer for certain violations
33 of the law; amending s. 569.35, F.S.; providing that
34 the division of alcoholic beverages and tobacco may
35 discipline a retail nicotine products dealer for
36 certain violations of the law; providing an effective
37 date.
38
39 Be It Enacted by the Legislature of the State of Florida:
40
41 Section 1. Section 500.92, Florida Statutes, is amended to
42 read:
43 500.92 Florida Kratom Consumer Protection Act.—
44 (1) Sections 500.92-500.95 This section may be cited as the
45 "Florida Kratom Consumer Protection Act."
46 (2) DEFINITIONS.-As used in this section, the term:
47 (a) "Attractive to children" means manufactured in the
48 shape of or packaged in containers displaying humans, cartoons,
49 animals, toys, or other features that target children;
50 manufactured in a form or packaged in a container that bears any
Page 2 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
51 reasonable resemblance to an existing candy or snack product
52 that is familiar to the public; manufactured in a form or
53 packaged in a container that bears any reasonable resemblance to
54 a branded food product such that the product could be mistaken
55 for the branded food product, especially by children; or
56 containing any color additives.
57 (b) "Contaminants unsafe for human consumption" includes,
58 but is not limited to, any microbe, fungus, yeast, mildew,
59 herbicide, pesticide, fungicide, residual solvent, metal, or
60 other contaminant found in any amount that exceeds any of the
61 accepted limitations as determined by rules adopted by the
62 Department of Health in accordance with s. 381.986, or other
63 limitation pursuant to the laws of this state, whichever amount
64 is less.
65 (c) "Independent testing laboratory" means a laboratory
66 that:
67 1. Does not have a direct or indirect interest in the
68 entity whose product is being tested;
69 2. Does not have a direct or indirect interest in a
70 facility that processes, distributes, dispenses, or sells kratom
71 products in the state or in another jurisdiction or cultivates,
72 processes, distributes, dispenses, or sells marijuana, as
73 defined in s. 381.986; and
74 3. Is certified by the Department of Health as a medical
75 marijuana testing laboratory pursuant to s. 381.988, or is
Page 3 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
76 certified by the department as being substantially equivalent to
77 a medical marijuana testing laboratory pursuant to subsection
78 (11).
79 (d) "kratom product" means a food product, food
80 ingredient, dietary ingredient, dietary supplement, or beverage
81 intended for human consumption which contains any part of the
82 leaf of the plant Mitragyna speciosa or an extract, synthetic
83 alkaloid, or synthetically derived compound of such plant and is
84 manufactured as a powder, capsule, pill, beverage, or other
85 edible form.
86 (e) “Manufacturer” means any person or entity that engages
87 in the process of manufacturing, preparing, or packaging of
88 Kratom products.
89 (f) “Retailer” means any person or entity who sells kratom
90 products to consumers.
91 (g) “Wholesaler” means any person or entity located inside
92 or outside this state that delivers or sells products containing
93 Kratom to retailers or other persons for purposes of resale.
94 (3) CERTIFICATION OF LABORATORIES.-
95 (a) The department must certify any laboratory located
96 within this state or another state which meets the
97 qualifications of an independent testing laboratory. However, a
98 medical marijuana testing laboratory certified pursuant to s.
99 381.988 is not required to receive certification by the
100 department.
Page 4 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
101 (b) The department must adopt rules establishing the
102 standards for certification of independent testing laboratories,
103 and adopt rules for the testing of kratom products in accordance
104 with this section. The Department of Health must assist the
105 department in developing rules for the certification of
106 independent testing laboratories, which must include, but are
107 not limited to:
108 1. Security standards.
109 2. Minimum standards for personnel.
110 3. Sample collection methods and process standards.
111 4. Proficiency testing for Mitragynine, 7-
112 hydroxymitragynine, and contaminants unsafe for human
113 consumption, as determined by department rule.
114 5. Reporting content, format, and frequency.
115 6. Audits and onsite inspections.
116 7. Quality assurance.
117 8. Equipment and methodology.
118 9. Chain of custody.
119 10. Any other standard the department deems necessary.
120 (c) The department shall renew the certification
121 biennially if the laboratory meets the requirements of this
122 section or any rules adopted hereunder. The department shall
123 adopt rules establishing a procedure for initial certification
124 and biennial renewal.
125 (d) The department must publish on its website a list of
Page 5 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
126 all laboratories that have received certification.
127 (e) The department may refuse to issue or renew, or may
128 suspend or revoke, the certification of an independent testing
129 laboratory that is found to be in violation of this section or
130 any rules adopted by the department.
131 (f) Any laboratory that receives certification under this
132 subsection from the department agrees to random unannounced
133 audits and onsite inspections by the department or agents
134 thereof.
135 (4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.—
136 (a) Kratom products may only be distributed and sold in
137 the state if all of the following conditions are met:
138 1. The kratom product:
139 a. Is not adulterated with a dangerous non-kratom
140 substance affecting the quality or strength of the product to a
141 degree that renders the product injurious to a consumer.
142 b. Is not contaminated with contaminants unsafe for human
143 consumption or an otherwise deleterious non-kratom substance,
144 including a controlled substance;
145 c. Contains a level of 7-hydroxymitragynine in the
146 alkaloid fraction that is no more than two percent of the
147 overall alkaloid composition of the product; and
148 d. Does not contain any synthetic alkaloids, including
149 synthetic 7-hydroxymitragynine and synthetically derived
150 compounds from a plant of the Mitragyna speciosa.
Page 6 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
151 2. The kratom product is tested by the manufacturer, the
152 wholesaler, and the retailer by an independent testing
153 laboratory and the laboratory’s certificate of analysis states:
154 a. The Kratom product was tested for:
155 b. Synthetic alkaloids.
156 c. 7-hydroxymitragynine.
157 d. Heavy metals.
158 e. Mycotoxins.
159 f. Pesticides.
160 g. Potency.
161 h. Residual solvents.
162 i. Any other controlled substance.
163 j. Any other substance the department deems necessary.
164 3. The kratom product is distributed or sold in a
165 container that includes:
166 a. A scannable barcode or quick response code linked to
167 the certificate of analysis of the kratom product;
168 b. The kratom product testing number;
169 c. The expiration date of the kratom product.
170 4. The kratom product is distributed or sold in a
171 container that:
172 a. Is suitable to contain products for human consumption;
173 b. Is composed of materials designed to minimize exposure
174 to light;
175 c. Mitigates exposure to high temperatures;
Page 7 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
176 d. Is a single color and is not transparent. However, this
177 does not apply to the universal symbol;
178 e. Does not contain any pictures or images other than a
179 single logo, which may not be attractive to children and no more
180 than 20 percent of the container;
181 f. Contains a clear and conspicuous warning developed by
182 the department that the product is a kratom product;
183 g. Contains a universal symbol that indicates the presence
184 of kratom, which must be developed by the department;
185 h. Is not attractive to children; and
186 i. Is compliant with the United States Poison Prevention
187 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
188 regard to provided exemptions. For purposes of this
189 subparagraph, a beverage in a sealed container is considered
190 compliant with the United States Poison Prevention Packaging Act
191 of 1970, 15 U.S.C. ss. 1471 et seq.
192 (b) A wholesaler or retailer is not required to test their
193 kratom products in accordance with paragraph (a), if the product
194 is packaged in a container in a manner that may be sold to the
195 ultimate consumer when the wholesaler or retailer receives the
196 product from the manufacturer or wholesaler, the product was
197 tested in accordance with paragraph (a) by the manufacturer or
198 wholesaler, and the wholesaler or retailer does not open the
199 container.
200 (c) The retail sale and delivery of kratom products is
Page 8 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
201 prohibited, except:
202 1. At establishments that have a food permit from the
203 department and prohibit persons under 21 years of age on the
204 establishment’s premises;
205 2. At establishments that have a food permit from the
206 department and a quota license issued under s. 565.02(1)(a)-(f).
207 Establishments with a quota license issued under s.
208 565.02(1)(a)-(f), that allow persons under 21 years of age on
209 the establishment’s premises, must place kratom products, not
210 including beverages, in an area inaccessable to customers. Such
211 establishments may place kratom products, not including
212 beverages, in an open display unit as long as the unit is
213 located in an area that is inaccessible to customers; or
214 3. In accordance with the mail order, internet, and
215 remote sales of kratom products requirements in s. 500.93.
216 (d) Kratom products may not be sold, given, bartered,
217 furnished, or delivered to consumers at festivals, fairs, trade
218 shows, farmers markets, expositions, or pop-up retail
219 establishments.
220 (5)(3) It is unlawful to sell, deliver, barter, furnish,
221 or give, directly or indirectly, any kratom product to a person
222 who is under 21 years of age.
223 (6)(4) A person who violates subsections (4) or (5)
224 commits a misdemeanor of the second degree, punishable as
225 provided in s. 775.082 or s. 775.083, for the first offense. A
Page 9 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
226 person commits a second offense within 12 months of the first
227 offense commits a misdemeanor of the first degree, punishable as
228 provided in s. 775.082 or s. 775.083. A person who commits a
229 third or subsequent offense within 12 months of the second
230 offense commits a felony of the third-degree, punishable as
231 provided in s. 775.082 or s. 775.083.
232 A violation of subsection (3) is a misdemeanor of the second
233 degree, punishable as provided in s. 775.082 or s. 775.083.
234 (7) In addition to any other penalties provided by law,
235 the department may take any of the following actions against any
236 person licensed or permitted by the department for a violation
237 of this section: place on probation or reprimand the licensee or
238 permit, revoke, suspend, or deny the issuance or renewal of the
239 license or permit, impose an administrative fine not to exceed
240 $5,000 per violation or assess costs associated with
241 investigation and prosecution.
242 (8) The department shall enforce this section. Every state
243 attorney, sheriff, police officer, and other appropriate county
244 or municipal officer shall enforce, or assist any agent of the
245 department in enforcing, this section and rules adopted by the
246 department.
247 (9)(5) The department shall adopt rules to administer this
248 section.
249 Section 2. Section 500.93, Florida Statutes, is
250 created to read:
Page 10 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
251 500.93 Mail order, Internet, and remote sales of
252 Kratom products; age verification.—
253 (1) For purposes of this section, the term:
254 (a) "Consumer" means a person in the state who comes into
255 possession of any kratom product who, at the time of possession,
256 is not intending to sell or distribute the kratom product, or is
257 not a retailer.
258 (b) "Delivery sale" means any sale of a kratom product to
259 a consumer in the state for which:
260 1. The consumer submits the order for the sale by
261 telephonic or other voice transmission, mail, delivery service,
262 or the Internet or other online service; or
263 2. The kratom product is delivered by use of mail or a
264 delivery service.
265 (c) "Delivery service" means any person engaged in the
266 commercial delivery of letters, packages, or other containers.
267 (d) "Legal minimum purchase age" means the minimum age at
268 which an individual may legally purchase kratom products in the
269 state.
270 (e) "Retailer" has the same meaning as provided in s.
271 581.217.
272 (f) "Shipping container" means a container in which Kratom
273 product is shipped in connection with a delivery sale.
274 (g) "Shipping document" means a bill of lading, airbill,
275 United States Postal Service form, or any other document used to
Page 11 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
276 verify the undertaking by a delivery service to deliver letters,
277 packages, or other containers.
278 (h) “Kratom Product” has the same meaning as provided in
279 s. 500.92.
280 (i) “Wholesaler” has the same meaning as provided in s.
281 500.92.
282 (2)(a) A sale of Kratom products constituting a delivery
283 sale under paragraph (1)(b) is a delivery sale regardless of
284 whether the person accepting the order for the delivery sale is
285 located inside or outside the state.
286 (b) A retailer must obtain a food permit from the
287 department under the requirements of chapter 500 before
288 accepting an order for a delivery sale.
289 (c) A person may not make a delivery sale of Kratom
290 product to any individual who is not 21 years of age or older.
291 (d) Each person accepting an order for a delivery sale
292 must comply with each of the following:
293 1. The age verification requirements set forth in
294 subsection (3).
295 2. The disclosure requirements set forth in subsection
296 (4).
297 3. The shipping requirements set forth in subsection (5).
298 (3) A person may not mail, ship, or otherwise deliver
299 Kratom product in connection with an order for a delivery sale
300 unless, before the first delivery to the consumer, the person
Page 12 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
301 accepting the order for the delivery sale:
302 (a) Obtains from the person submitting the order a
303 certification that includes:
304 1. Reliable confirmation that the person is 21 years of
305 age or older; and
306 2. A statement signed by the person in writing and under
307 penalty of perjury which:
308 a. Certifies the address and date of birth of the person;
309 and
310 b. Confirms that the person wants to receive delivery
311 sales from a Kratom product retailer and understands that, under
312 the laws of the state, the following actions are illegal:
313 (I) Signing another person's name to the certification;
314 (II) Selling Kratom products to individuals who are not 21
315 years of age or older; and
316 (III) Purchasing Kratom products, if the person making the
317 purchase is not 21 years of age or older.
318 (b) Makes a good faith effort to verify the information
319 contained in the certification provided by the individual under
320 paragraph (a) against a commercially available database that may
321 be reasonably relied upon for accurate age information or
322 obtains a photocopy or other image of a valid government-issued
323 identification card stating the date of birth or age of the
324 individual.
325 (c) Provides to the individual, via electronic mail or
Page 13 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
326 other means, a notice meeting the requirements of subsection
327 (4).
328 (d) If an order for Kratom products is made pursuant to an
329 advertisement on the Internet, receives payment for the delivery
330 sale from the consumer by a credit or debit card issued in the
331 name of the consumer, or by personal or company check of the
332 consumer.
333 (e) Submits, to each credit card acquiring company with
334 which the person has credit card sales, identification
335 information in an appropriate form and format so that the words
336 "Kratom product" may be printed in the purchaser's credit card
337 statement when a purchase of Kratom products is made by credit
338 card payment.
339 (f) Makes a telephone call after 5 p.m. to the purchaser
340 confirming the order before shipping the Kratom product. The
341 telephone call may be a person-to-person call or a recorded
342 message. The person accepting the order for delivery sale is not
343 required to speak directly with a person and may leave a message
344 on an answering machine or through voice mail.
345
346 In addition to the requirements of this subsection, a person
347 accepting an order for a delivery sale may request that a
348 consumer provide an electronic mail address.
349 (4) The notice described in paragraph (3)(c) must include
350 prominent and clearly legible statements that sales of Kratom
Page 14 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
351 products are:
352 (a) Illegal if made to individuals who are not 21 years of
353 age or older.
354 (b) Restricted to those individuals who provide verifiable
355 proof of age in accordance with subsection (3).
356 (5) Each person who mails, ships, or otherwise delivers
357 Kratom products in connection with an order for a delivery sale
358 must:
359 (a) Ship the Kratom product in a container that complies
360 with the container requirements in s. 500.92.
361 (b) Include as part of the shipping documents, in a clear
362 and conspicuous manner, the following statement: "Kratom
363 product: Florida law prohibits shipping to individuals under 21
364 years of age."
365 (c) Use a method of mailing, shipping, or delivery which
366 obligates the delivery service to require proof that the
367 individual accepting the order for the delivery sale is 21 years
368 of age or older and resides at the address listed on the order
369 label, by reviewing a valid, government-issued identification
370 card bearing a photograph of the individual who signs to accept
371 delivery of the shipping container.
372
373 If the person accepting a purchase order for a delivery sale
374 delivers the Kratom product without using a delivery service,
375 the person must comply with all of the requirements of this
Page 15 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
376 section which apply to a delivery service. Any failure to comply
377 with a requirement of this section constitutes a violation
378 thereof.
379 (6) This section does not apply to delivery sales of
380 kratom products to a retailer or wholesaler.
381 (7) An individual 21 years of age or older who knowingly
382 violates any provision of this section commits a misdemeanor of
383 the second degree, punishable as provided in s. 775.082 or s.
384 775.083.
385 (8) The Attorney General, the Attorney General's designee,
386 or a state attorney may bring an action in the appropriate court
387 in the state to prevent or restrain violations of this section
388 by any person.
389 Section 3. Section 500.94, Florida Statutes, is
390 created to read:
391 500.94 Seizure and destruction of contraband kratom
392 products.—
393 All kratom products sold, offered for sale, delivered, or
394 distributed contrary to any provision of ss. 500.92-500.93 are
395 declared to be contraband, are subject to seizure and
396 confiscation under the Florida Contraband Forfeiture Act by any
397 person whose duty it is to enforce those sections, and must be
398 disposed of as follows:
399 (1) A court having jurisdiction shall order such kratom
400 products forfeited upon a showing that, by a preponderance of
Page 16 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
401 the evidence, such devices were sold, offered for sale,
402 delivered, or distributed contrary to any provision of ss.
403 500.92-500.93. Once any chapter 120 proceedings related to such
404 products have been completed, the court shall order any seized
405 kratom products destroyed except as provided by applicable court
406 orders. A record of the place where such products were seized,
407 the kinds and quantities of such products destroyed, and the
408 time, place, and manner of the destruction of such products must
409 be kept, and a return under oath reporting the destruction must
410 be made to the court by the officer who destroys such products.
411 (2) The department or seizing law enforcement agency shall
412 keep a full and complete record of all products seized under
413 this section showing:
414 (a) The exact kinds, quantities, and forms of such
415 products;
416 (b) The persons from whom such products were seized and to
417 whom they were delivered;
418 (c) By whose authority such products were seized,
419 delivered, and destroyed; and
420 (d) The dates of the seizure, disposal, or destruction of
421 such products.
422
423 Such record must be open to inspection by all persons charged
424 with the enforcement of ss. 581.217 through 581.218.
425 (3) The cost of seizure, confiscation, and destruction of
Page 17 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
426 contraband kratom products is borne by the person from whom such
427 products are seized.
428 (4) Except as otherwise provided in this section, the
429 procedures of the Florida Contraband Forfeiture Act apply to
430 this section.
431 (5) For purposes of this section kratom products has the
432 same meaning as provided in s. 500.92.
433 Section 4. Section 500.95, Florida Statutes, is
434 created to read:
435 500.95 Ingesting kratom products prohibited near
436 school property; penalty.—
437 (1) It is unlawful for any person to ingest kratom
438 products in, on, or within 1,000 feet of the real property
439 comprising a public or private elementary, middle, or secondary
440 school between the hours of 6 a.m. and midnight. This section
441 does not apply to any person occupying a moving vehicle or
442 within a private residence.
443 (2) A law enforcement officer may issue a citation in such
444 form as prescribed by a county or municipality to any person
445 violating this section. Any such citation must contain:
446 (a) The date and time of issuance.
447 (b) The name and address of the person cited.
448 (c) The date and time the civil infraction was committed.
449 (d) The statute violated.
450 (e) The facts constituting the violation.
Page 18 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
451 (f) The name and authority of the law enforcement officer.
452 (g) The procedure for the person to follow to pay the
453 civil penalty, to contest the citation, or to appear in court.
454 (h) The applicable civil penalty if the person elects not
455 to contest the citation.
456 (i) The applicable civil penalty if the person elects to
457 contest the citation.
458 (3) Any person issued a citation pursuant to this section
459 shall be deemed to be charged with a civil infraction punishable
460 by a maximum civil penalty not to exceed $25, or 50 hours of
461 community service or, where available, successful completion of
462 a school-approved anti-drug "alternative to suspension" program.
463 (4) Any person who fails to comply with the directions on
464 the citation shall be deemed to waive his or her right to
465 contest the citation and an order to show cause may be issued by
466 the court.
467 (5) For purposes of this section “kratom product” has the
468 same meaning as provided in s. 500.92.
469 Section 5. Subsection (1) of section 565.04, Florida
470 Statutes, is amended to read:
471 565.04 Package store restrictions.—
472 (1) Vendors licensed under s. 565.02(1)(a) shall not in
473 said place of business sell, offer, or expose for sale any
474 merchandise other than such beverages, and such places of
475 business shall be devoted exclusively to such sales; provided,
Page 19 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
476 however, that such vendors shall be permitted to sell bitters;
477 grenadine; nonalcoholic mixer-type beverages, not to include
478 fruit juices produced outside this state; fruit juices produced
479 in this state; home bar and party supplies and equipment,
480 including but not limited to glassware and party-type foods;
481 miniatures of no alcoholic content; nicotine products; and
482 tobacco products. Such places of business shall have no openings
483 permitting direct access to any other building or room, except
484 to a private office or storage room of the place of business
485 from which patrons are excluded. Vendors licensed under
486 565.02(1)(a) may sell kratom products in accordance with the
487 Florida Kratom Consumer Protection Act.
488 Section 6. Paragraph (a) of subsection (2) of section
489 565.045, Florida Statutes, is amended to read:
490 565.045 Regulations for consumption on premises; penalty;
491 exemptions.—
492 (2)(a) There shall not be sold at such places of business
493 anything other than the beverages permitted, home bar and party
494 supplies and equipment (including but not limited to glassware
495 and party-type foods), cigarettes, kratom products in accordance
496 with the Florida Kratom Consumer Protection Act, and what is
497 customarily sold in a restaurant.
498 Section 7. Section 569.006, Florida Statutes, is amended
499 to read:
500 569.006 Retail tobacco products dealers; administrative
Page 20 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
501 penalties.—The division may suspend or revoke the permit of the
502 dealer upon sufficient cause appearing of the violation of any
503 of the provisions of s. 500.92, s. 500.93, this chapter,
504 including part II of this chapter if the dealer deals, at
505 retail, in nicotine products within the state or allows a
506 nicotine products vending machine to be located on its premises
507 within the state, by a dealer or by a dealer's agent or
508 employee. The division may also assess and accept administrative
509 fines of up to $1,000 against a dealer for each violation. The
510 division shall deposit all fines collected into the General
511 Revenue Fund as collected. An order imposing an administrative
512 fine becomes effective 15 days after the date of the order. The
513 division may suspend the imposition of a penalty against a
514 dealer, conditioned upon the dealer's compliance with terms the
515 division considers appropriate.
516 Section 8. Section 569.35, Florida Statutes, is amended to
517 read:
518 569.35 Retail nicotine product dealers; administrative
519 penalties.—The division may suspend or revoke the permit of a
520 dealer, including the retail tobacco products dealer permit of a
521 retail tobacco products dealer as defined in s. 569.002(4), upon
522 sufficient cause appearing of the violation of any of the
523 provisions of s. 500.92, s. 500.93, this part, by a dealer, or
524 by a dealer's agent or employee. The division may also assess
525 and accept an administrative fine of up to $1,000 against a
Page 21 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
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
PCS for HB 1489 2025
526 dealer for each violation. The division shall deposit all fines
527 collected into the General Revenue Fund as collected. An order
528 imposing an administrative fine becomes effective 15 days after
529 the date of the order. The division may suspend the imposition
530 of a penalty against a dealer, conditioned upon the dealer's
531 compliance with terms the division considers appropriate.
532 Section 9. This act shall take effect January 1, 2026.
Page 22 of 22
PCS for HB 1489.docx
CODING: Words stricken are deletions; words underlined are additions.
File and source
- File
- 2025_3288_industries-professional-activities-subcommittee_proposed-committee-bills-pcbs_fn-pcs-for-hb-1489.pdf
- Size
- 227,604 bytes
- SHA-256
- 0e5f335a40b30724b9c828fe8762e646a0c6c690097e481946730abd7b3f6a0e
- Original
- www.flhouse.gov