Industries & Professional Activities Subcommittee: Committee Meeting Notice, February 5, 2026

Summary

Meeting packet of the House of Representatives Industries & Professional Activities Subcommittee for Thursday, February 5, 2026, 9:30 AM to 12:00 PM in Reed Hall (102 HOB), with Mike Giallombardo named alongside the title Chair. The meeting notice lists HB 95, HB 377, CS/HB 1137 and HB 1205, plus proposed committee substitutes (PCS) for HB 989 and HB 1521, Domestic Animals. The bill analysis for HB 95, Security Services on Religious Premises, says the bill exempts a person who provides armed security services for a church or other ecclesiastical or denominational organization from certain licensing and regulatory requirements if the person meets listed conditions. The packet closes with the text of the PCS for HB 1521, whose last section sets a July 1, 2026 effective date.

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Industries & Professional Activities
Subcommittee

Thursday, February 5, 2026
9:30 AM – 12:00 PM
Reed Hall (102 HOB)

Daniel Perez Mike Giallombardo
Speaker Chair
Committee Meeting Notice
HOUSE OF REPRESENTATIVES

Industries & Professional Activities Subcommittee

Start Date and Time: Thursday, February 05, 2026 09:30 AM

End Date and Time: Thursday, February 05, 2026 12:00 PM

Location: Reed Hall (102 HOB)
Duration: 2.50 hrs

Consideration of the following bill(s):

HB 95 Security Services on Religious Premises by Grow
HB 377 Heated Tobacco Products by Tramont
CS/HB 1137 Deductions for Certain Losses of Alcoholic Beverages by Ways & Means Committee, Robinson,
W., Overdorf
HB 1205 Kratom by Black

Consideration of the following proposed committee substitute(s):

PCS for HB 989 -- Motor Vehicle Manufacturers, Importers, Distributors and Franchised Motor Vehicle
Dealers
PCS for HB 1521 -- Domestic Animals

NOTICE FINALIZED on 02/03/2026 4:44PM by Marks.Amie

02/03/2026 04:45:00PM Leagis ® Page 1 of 1
HB 95
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 95 COMPANION BILL: CS/SB 52 (Gaetz)
TITLE: Security Services on Religious Premises LINKED BILLS: None
SPONSOR(S): Grow RELATED BILLS: None
Committee References
Criminal Justice Industries & Professional Judiciary
17 Y, 0 N  Activities 

SUMMARY
Effect of the Bill:
The bill exempts a person who provides armed security services for a church or other ecclesiastical or
denominational organization (church) from the licensing and regulatory requirements in ch. 493, F.S., for private
security services, investigative, and recovery services if such person:
 Holds a valid license to carry a concealed weapon or concealed firearm;
 Provides such security services exclusively on the property owned or leased by a church; and
 Does not receive compensation for his or her services, excluding reimbursement for expenses related to
training and equipment.

By expressly excluding specified persons who provide armed security services for a church from the requirement
to be licensed by the Department of Agriculture and Consumer Services as a security officer, the bill clarifies that
such persons are not unlawfully providing security services without a license, which could subject such persons to
criminal and civil penalties.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill specifies that the licensing requirements in ch. 493, F.S., for private security services, private investigative
services, and repossession services, do not apply to any person who, on a voluntary basis, provides armed security
services on the premises of a church or ecclesiastical or denominational organization having an established
physical place of worship in Florida at which nonprofit religious services and activities are regularly conducted, if:
 The person holds a valid license to carry a concealed weapon or concealed firearm;
 Security services are provided exclusively on the premises of a church or ecclesiastical or denominational
organization, including any property owned or leased by the church or ecclesiastical or denominational
organization for worship, education, or religious activities; and
 The person providing the armed security services does not receive compensation for his or her services,
which does not include reimbursement for reasonable expenses actually incurred and related to the cost of
training or equipment necessary for providing such services. (Section 1)

By expressly excluding a person who meets the specified criteria from the licensing requirements in ch. 493, F.S.,
the bill authorizes such a person to provide armed security services in a church or similar organization without
having to meet the licensing requirements that he or she would otherwise be required to comply with in order to

STORAGE NAME: h0095b.IPA
DATE: 2/3/2026
1
HB 95
provide such services, and also clarifies that a person who provides such services is not unlawfully providing
security services without a license, which may subject a person to criminal prosecution and civil penalties.

The provisions in the bill do not affect a church or ecclesiastical or denominational organization’s ability to employ
an unlicensed security officer who does not carry a firearm to provide security at its established place of
worship where nonprofit religious services and activities are regularly conducted, or on a church cemetery.

The effective date of the bill is July 1, 2026. (Section 2)

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Chapter 493, F.S. Licensees
The Division of Licensing (DOL) within the Department of Agriculture and Consumer Services (DACS) is
responsible for licensing and regulating the private security, private investigative, and recovery industries.1 The
DOL’s regulatory oversight of those services includes licensing, enforcing compliance standards, and ensuring
public protection from unethical business practices and unlicensed activity.

Private Security Services
Under ch. 493, F.S., a “security officer” is an individual who, for consideration:
 Performs bodyguard services or otherwise guards persons or property;
 Attempts to prevent theft or unlawful taking of goods, wares, and merchandise;
 Attempts to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds,
stocks, choses in action, notes, or other documents, papers, and articles of value or to procure the return of
such items;
 Serves as armored car personnel; or
 Is engaged in the transportation of prisoners.2

A person who performs the services of a security officer must have a Class “D” license, which is valid for a period of
three years.3 An applicant for a Class “D” license must:
 Be at least 18 years old.
 Be a citizen or legal resident alien of the United States.
 Have no disqualifying criminal history.
 Have no disqualifying history of mental illness or substance abuse.
 Successfully complete a minimum of 40 hours of professional training at a school or training facility
licensed by DACS.
 Pay a licensing fee.4

To carry a firearm, a Class “D” licensee must also obtain a Class “G” Statewide Firearm License.5 An initial applicant
for a Class “G” license must complete at least 28 hours of firearm training, 8 of which must consist of in-person
range training.6 A Class “G” license is valid for a period of two years, however, a Class “G” licensee must annually
submit proof to DACS that he or she completed a minimum of four hours of specified firearms requalification
training.7

1 Ch. 493, F.S.
2 S. 493.6101, F.S.
3 S. 493.6301(4), F.S. Florida Department of Agriculture and Consumer Services, Private Security Licenses,

https://www.fdacs.gov/Business-Services/Private-Security-Licenses (last visited Jan. 29, 2026).
4 Ss. 493.6106, 493.6302 and 493.6303, F.S.
5 S. 493.6115, F.S.
6 S. 493.6105(5), F.S.
7 S. 493.6113(1) and (3)(b), F.S.

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2
HB 95
Exceptions to Licensure
Although a person is generally required to obtain a license to perform private security, investigative, and recovery
services, there are exceptions to the licensure requirement. Specific to activities similar to those provided by a
private security service, there are exceptions to licensure for:
 Any officer8 engaged in the performance of his or her official duties or when performing off-duty security
activities approved by her or his superiors.9
 Any unarmed individual engaged in security services who is employed exclusively to work on the premises
of her or his employer, or in connection with the business of her or his employer, when there exists an
employer-employee relationship.10
 Any security agency or private investigative agency, and employees thereof, performing contractual
security or investigative services solely and exclusively for any agency of the United States.11
 Any individual employed as a security officer by a church or ecclesiastical or denominational organization
having an established physical place of worship in this state at which nonprofit religious services and activities
are regularly conducted or by a church cemetery to provide security on the property of the organization or
cemetery, and who does not carry a firearm in the course of her or his duties.12

Providing Security Services Without a License
DACS is responsible for investigating any suspected violation of ch. 493, F.S., including investigations related to a
person providing private security, investigative, or recovery services without a license.13 A person who performs
such services without a license commits a first degree misdemeanor.14 A person who commits a second or
subsequent violation commits a third degree felony,15 and DACS is authorized to impose a civil penalty of up to
$10,000 for a violation.16

Carrying a Concealed Weapon or Concealed Firearm
Generally, a person is authorized to carry a concealed weapon17 or concealed firearm18 under s. 790.01, F.S., if he or
she:
 Has a concealed weapons or concealed firearm license (CWL) issued under s. 790.06, F.S.; or
 Does not have a CWL, but otherwise satisfies the criteria for receiving and maintaining a CWL, except that
such person is not required to demonstrate competency with a firearm or affirmatively state he or she
desires a legal means to carry a concealed weapon or concealed firearm for lawful self-defense.

A person who unlawfully carries a concealed weapon or electric weapon or device19 commits a first degree
misdemeanor. A person who unlawfully carries a concealed firearm commits a third degree felony.

8 “Officer” means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional

officer, or correctional probation officer. S. 943.10(14), F.S.
9 S. 493.6102(1), F.S.
10 S. 493.6102(4), F.S.
11 S. 493.6102(9), F.S.
12 S. 493.6102(13), F.S.
13 S. 493.6121, F.S.
14 S. 493.6120(1)(a)1., F.S. A first degree misdemeanor is punishable by up to one year in jail and a $1,000 fine. Ss. 775.082 or

775.083, F.S.
15 A third degree felony is punishable by up to five years imprisonment and a $5,000 fine. Ss. 775.082, 775.083, or 775.084, F.S.
16 S. 493.6120(1)(a)2., F.S.
17 “Concealed weapon” means any dirk, metallic knuckles, billie, tear gas gun, chemical weapon or device, or other deadly

weapon carried on or about a person in such a manner as to conceal the weapon from the ordinary sight of another person. S.
790.001(4)(a), F.S.
18 “Concealed firearm” means any firearm, as defined in s. 790.001(9), F.S., which is carried on or about a person in such a

manner as to conceal the firearm from the ordinary sight of another person. S. 790.001(3), F.S.
19 “Electric weapon or device” means any device which, through the application or use of electrical current, is designed,

redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury. S.
790.001(7), F.S.
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3
HB 95
Concealed Weapons or Concealed Firearms License
Section 790.06, F.S., specifies the criteria that a person must meet in order to be issued a CWL, the process for
issuing and renewing a CWL, the circumstances under which a CWL is subject to revocation, and specified
limitations on where a CWL holder may carry a concealed weapon or concealed firearm. A CWL20 does not
authorize a person to carry a concealed weapon or concealed firearm into:
 Any place of nuisance as defined in s. 823.05, F.S.;
 Any police, sheriff, or highway patrol station;
 Any detention facility, prison, or jail;
 Any courthouse;
 Any courtroom, except that a judge may carry a concealed weapon or concealed firearm and determine
who may carry a concealed weapon or concealed firearm in his or her courtroom;
 Any polling place;
 Any meeting of a local governing body;
 Any meeting of the Legislature or committee thereof;
 Any school, college, or professional athletic event not related to firearms;
 Any elementary or secondary school facility or administration building;21
 Any career center;
 Any portion of an establishment licensed to dispense alcoholic beverages for consumption on the premises,
which portion of the establishment is primarily devoted to such purpose;
 Any college or university facility unless the licensee is a registered student, employee, or faculty member of
such college or university and the weapon is a stun gun or nonlethal electric weapon or device designed
solely for defensive purposes and the weapon does not fire a dart or projectile;
 The inside of the passenger terminal and sterile area of any airport, provided no person is prohibited from
carrying any legal firearm into the terminal, which firearm is encased for shipment for purposes of
checking such firearm as baggage to be lawfully transported on any aircraft; or
 Any place where the carrying of firearms is prohibited by federal law.22

A CWL holder who knowingly and willfully carries a concealed weapon or concealed firearm into any unauthorized
location commits a second degree misdemeanor.23

20 A person who carries a concealed firearm without a CWL is likewise not authorized to carry a concealed firearm into any of

the locations listed in s. 790.06, F.S. S. 790.013(2), F.S.
21 The Federal “Gun-Free School Zones Act,” (Act) at 18 U.S.C. §922(q), prohibits a person from knowingly possessing a firearm

on the grounds of, or within 1,000 feet of the grounds of, a public, parochial, or private school. The Act does not apply to the
possession of a firearm:
 On private property that is not part of school grounds;
 If the individual possessing the firearm is licensed to do so by the state in which the school zone is located or a
political subdivision of the state, and the law of the state or political subdivision requires that, before an individual
obtains such a license, the law enforcement authorities of the state or political subdivision verify that the individual is
qualified under law to receive the license;
 That is:
o Not loaded; and
o In a locked container, or a locked firearms rack that is on a motor vehicle;
 By an individual for use in a program approved by a school in the school zone;
 By an individual in accordance with a contract entered into between a school in the school zone and the individual or
an employer of the individual;
 By a law enforcement officer acting in his or her official capacity; or
 That is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access
to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
A violation of the Act is punishable by up to five years imprisonment and a $5,000 fine. 18 U.S.C. §924(a)(4).
22 S. 790.06(12)(a), F.S.
23 S. 790.06(12)(d), F.S. A second degree misdemeanor is punishable by up to 60 days in jail and a $500 fine. Ss. 775.082 or

775.083, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 95
Carrying a Concealed Weapon or Concealed Firearm on Church Property
Generally, a person is not prohibited from carrying a weapon or firearm on the property of a church or other
religious institution. A person who has a CWL is explicitly authorized to carry a concealed weapon or concealed
firearm on property owned, rented, leased, borrowed, or lawfully used by a church, synagogue, or other religious
institution, notwithstanding any other law, for the purposes of safety, security, personal protection, or any other
lawful purpose.24 However, this authorization does not limit the private property rights of a church, synagogue, or
other religious institution to exercise control over property that the church, synagogue, or other religious
institution owns, rents, leases, borrows, or lawfully uses.25 As such, a church, synagogue, or other religious
institution may prohibit a person from possessing a weapon or firearm on its property.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Criminal Justice Subcommittee 17 Y, 0 N 1/28/2026 Hall Padgett

Industries & Professional Activities Anstead Bunnell
Subcommittee
Judiciary Committee

24 S. 790.06(13), F.S.
25 Id.

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5
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

HB 95 2026

1 A bill to be entitled
2 An act relating to the security services on religious
3 premises; amending s. 493.6102, F.S.; exempting
4 certain persons providing voluntary armed security
5 services at churches or ecclesiastical or
6 denominational organizations from specified
7 requirements; providing requirements such persons must
8 meet to qualify for the exemption; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (16) is added to section 493.6102,
14 Florida Statutes, to read:
15 493.6102 Inapplicability of this chapter.—This chapter
16 shall not apply to:
17 (16) Any person who on a voluntary basis provides armed
18 security services on the premises of a church or ecclesiastical
19 or denominational organization having an established physical
20 place of worship in this state at which nonprofit religious
21 services and activities are regularly conducted, if:
22 (a) The person providing the armed security services holds
23 a valid license to carry a concealed weapon or firearm issued
24 pursuant s. 790.06.
25 (b) The security services are provided exclusively on the

Page 1 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb95-00
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

HB 95 2026

26 premises of a church or ecclesiastical or denominational
27 organization, including any property owned or leased by the
28 church or ecclesiastical or denominational organization for
29 worship, education, or religious activities.
30 (c) The person providing the armed security services did
31 not receive any compensation for such services. For purposes of
32 this paragraph, the term "compensation" does not include
33 reimbursement for reasonable expenses actually incurred and
34 related to the cost of training or the cost of equipment
35 necessary for providing the security services.
36 Section 2. This act shall take effect July 1, 2026.

Page 2 of 2

CODING: Words stricken are deletions; words underlined are additions.
hb95-00
HB 377
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 377 COMPANION BILL: SB 754 (DiCeglie)
TITLE: Heated Tobacco Products LINKED BILLS: None
SPONSOR(S): Tramont RELATED BILLS: SB 754 (DiCeglie)
Committee References
Ways & Means Industries & Professional Commerce
14 Y, 1 N  Activities 

SUMMARY
Effect of the Bill:
HB 377 excludes heated tobacco products (HTPs) from the taxes on cigarettes and other tobacco products under
ch. 210, F.S., by updating several definitions. Regulatory provisions for these products are not changed by the bill.

Fiscal or Economic Impact:
The Revenue Estimating Conference estimates that the bill will have no impact on state and local government
revenues.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill excludes heated tobacco products from the taxes on tobacco products in ch. 210, F.S.

The bill accomplishes this by updating definitions for “heated tobacco product” (Section 4), “cigarette” (Section 1),
and “tobacco product” (Sections 2, 5), to exclude heated tobacco products from taxation as cigarettes under part I
of ch. 210, F.S. (Section 1) or as tobacco products under part II of ch. 210, F.S. (Sections 3, 4).

The definitional changes still require compliance with the delivery requirements in s. 210.095, F.S., for heated
tobacco products. (Section 2).

The bill renames part II of ch. 210, F.S., from “Tax on Tobacco Products other than Cigarettes or Cigars,” to “Tax on
Tobacco Products other than Cigarettes, Heated Tobacco Products, or Cigars” (Section 3), and makes other
conforming changes. (Sections 6-7).

The bill takes effect on July 1, 2026. (Section 8).

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The Revenue Estimating Conference estimates that the bill will have no impact on state government revenues.

LOCAL GOVERNMENT:
The Revenue Estimating Conference estimates that the bill will have no impact on state government revenues.

STORAGE NAME: h0377b.IPA
DATE: 2/3/2026
1
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Heated Tobacco Products

Heated tobacco products (HTPs), also known as heat-not-burn products, generate an aerosol containing nicotine
by heating a tobacco-filled paper stick. The sticks are placed into a device which heats the tobacco electronically
which produces a nicotine containing aerosol inhaled by the user. The heating element does not produce enough
heat to burn the tobacco.1 These products do not produce smoke because the tobacco is not burned or ignited.2

The HTP IQOS, developed by Philip Morris International (PMI), is the only HTP that has received authorization by
the Federal Drug Administration. In 2021, a patent dispute led to an import ban on IQOS devices in the U.S., halting
their sales. In February 2024, PMI and British American Tobacco settled the patent litigations related to heated
tobacco products allowing for its reintroduction to the U.S. market.3

Taxation of Tobacco Products

Taxes are imposed on the sale of cigarettes and other tobacco products in Florida. The tax is paid by the wholesale
dealer at the time of first sale within the state. For cigarettes of common size, the excise tax rate is $0.339 per pack,
with rates varying proportionately for cigarettes and packs of non-standard size.4 Additionally, a $1.00 surcharge
per pack of common size cigarettes is imposed, with rates varying proportionately for cigarettes and packs of non-
standard size.5 For other tobacco products, the tax rate is 25 percent of the wholesale price,6 with an additional
surcharge of 60 percent of the wholesale price.7 The taxation of tobacco is administered pursuant to chapter 210,
F.S.

Section 210.01(1), F.S., defines the term “cigarette” to mean, for purposes of taxation:

“[A]ny roll for smoking, except one of which the tobacco is fully naturally fermented, without
regard to the kind of tobacco or other substances used in the inner roll or the nature or
composition of the material in which the roll is wrapped, which is made wholly or in part of
tobacco irrespective of size or shape and whether such tobacco is flavored, adulterated or
mixed with any other ingredient.”

In s. 210.25(12), F.S., the term “tobacco product” is defined for purposes of the taxation of tobacco products other
than cigarettes or cigars. It is also used for the licensing of tobacco product manufacturers, importers, exporters,
distributing agents, or wholesale dealers under part II of ch. 210, F.S. In this context, the term “tobacco products”
means:

“[L]oose tobacco suitable for smoking; snuff; snuff flour; cavendish; plug and twist tobacco;
fine cuts and other chewing tobaccos; shorts; refuse scraps; clippings, cuttings, and
sweepings of tobacco, and other kinds and forms of tobacco prepared in such manner as to be
suitable for chewing; but ‘tobacco products’ does not include cigarettes, as defined by s.
210.01(1), or cigars.”

1 Introduction to Heated Tobacco Products
2 Campaign for Tobacco Free Kids, Heated Tobacco Products, Definition and Global Market, available at:

https://assets.tobaccofreekids.org/global/pdfs/en/HTP_definition_en.pdf (last visited Jan. 5, 2026).
3Philip Morris asks U.S. appeals court to overturn import ban on IQOS tobacco devices at:

https://www.reuters.com/legal/litigation/philip-morris-asks-us-appeals-court-overturn-import-ban-iqos-tobacco-devices-
2022-10-03/?utm_ (last visited Jan. 5, 2026)
4 Section 210.02, F.S.
5 Section 210.011, F.S.
6 Section 210.30, F.S.
7 Section 210.276, F.S.

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2
Regulation of Tobacco Products

The definition of “tobacco products” in s. 569.002(8), F.S., applies to the regulation of tobacco products by the
Division of Alcoholic Beverages and Tobacco (Division) of the Department of Business and Professional Regulation
(DBPR) under ch. 569, F.S.

Dealer Permits

Section 569.003, F.S., requires a retail tobacco products dealer to acquire a permit from the Division for each place
of business where tobacco products are sold, including sales made through a vending machine.

Section 210.15, F.S., also requires a permit for every person, firm, or corporation desiring to engage in business as a
manufacturer, importer, exporter, distributing agent, or wholesale dealer of cigarettes within Florida. To qualify
for a permit, a person must be of good moral character and not less than 21 years of age to qualify. In addition,
permits to corporations may be issued only to corporations whose officers are of good moral character and not less
than 21 years of age.8

Delivery Requirements for Mail Order, Internet, Other Remote Sales of Tobacco Products

Section 210.095(5), F.S., provides requirements for the delivery of mail order, Internet, and other remote sales of
tobacco products, including age verification requirements. All such deliveries are defined as “delivery sales.”9
Specific notice and shipping requirements are provided for all delivery sales, whether in-state or out-of-state. Each
person who mails, ships, or otherwise delivers tobacco products in connection with an order for a delivery sale is
required to:
 Include, as part of the shipping documents, in a clear and conspicuous manner, the following statement:
“Tobacco Products: Florida law prohibits shipping to individuals who are not 21 years of age or older and
requires the payment of all applicable taxes.”
 Use a method of mailing, shipping, or delivery which obligates the delivery service to:
o Require the signature of an adult who resides at the delivery address.
o Require proof that the individual accepting delivery is either the addressee or the adult designated
by the addressee.
o Provide to the delivery service, if such service is used, evidence of full compliance with
requirements for the collection and remittance of all taxes imposed on tobacco products by this
state with respect to the delivery sale.10

DBPR Declaratory Statement

On March 12, 2025, DBPR issued a declaratory statement11 regarding PMI’s IQOS electronic heating device. DBPR
found that IQOS is not a tobacco product as defined in s. 210.25(12), F.S. because it is not “loose tobacco suitable
for smoking.” Heatsticks within the device do not consist of discernable tobacco leaves and do not leave behind
individual pieces of tobacco once consumed. Additionally, IQOS does not create any visible smoke, fumes, or
gaseous product that would commonly be considered “smoke” or a byproduct of “smoking.” Therefore, DBPR
determined PMI’s product is not subject to a surcharge and taxation as a tobacco product under sections 210.276,
F.S., and 210.30, F.S.

8 Section 210.15(2)(b), F.S.
9 Section 210.095(1)(b), F.S.
10 Section 210.095(5), F.S.
11 In Re: Petition for Declaratory Statement by Philip Morris International, Inc. & Affiliates, DBPR Case No. 2025-014271 (March

12, 2025). The Division published a Notice of Declaratory Statement in the Florida Administrative Register on March 14, 2025,
indicating the “petition for declaratory statement was granted and answered. The product described by Petitioner was not
found to be subject to certain excise taxes and surcharges.” That notice is available at
https://flrules.org/Gateway/View_notice.asp?id=29369968 (last visited January 24, 2026).
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3
DBPR also determined that IQOS does not constitute a “cigarette” as defined in s. 210.185, F.S., because the device
does not involve the burning of tobacco. Because IQOS is not a cigarette, it is not subject to a surcharge and
taxation under sections 210.011, F.S., and 210.02, F.S.

OTHER RESOURCES:
CDC
Introduction to Heated Tobacco Products
DBPR Declaratory Statement

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Ways & Means Committee 14 Y, 1 N 1/27/2026 Aldridge Hallaian

Industries & Professional Activities Anstead Miralia
Subcommittee
Commerce Committee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
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

HB 377 2026

1 A bill to be entitled
2 An act relating to heated tobacco products; amending
3 s. 210.01, F.S.; revising the definition of the term
4 "cigarette"; amending s. 210.095, F.S.; revising the
5 definition of the term "tobacco products"; renaming
6 part II of ch. 210, F.S.; amending s. 210.25, F.S.;
7 defining the term "heated tobacco product"; conforming
8 a provision to changes made by the act; amending s.
9 569.002, F.S.; revising the definition of the term
10 "tobacco products"; amending s. 951.22, F.S.;
11 conforming a cross-reference; reenacting s. 569.31(5),
12 F.S., relating to definitions, to incorporate the
13 amendment made to s. 569.002, F.S., in a reference
14 thereto; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (1) of section 210.01, Florida
19 Statutes, is amended to read:
20 210.01 Definitions.—When used in this part the following
21 words shall have the meaning herein indicated:
22 (1) "Cigarette" means any roll for smoking, except one of
23 which the tobacco is fully naturally fermented, without regard
24 to the kind of tobacco or other substances used in the inner
25 roll or the nature or composition of the material in which the

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26 roll is wrapped, which is made wholly or in part of tobacco
27 irrespective of size or shape and whether such tobacco is
28 flavored, adulterated or mixed with any other ingredient. The
29 term does not include a heated tobacco product as defined by s.
30 210.25.
31 Section 2. Paragraph (i) of subsection (1) of section
32 210.095, Florida Statutes, is amended to read:
33 210.095 Mail order, Internet, and remote sales of tobacco
34 products; age verification.—
35 (1) For purposes of this section, the term:
36 (i) "Tobacco products" means all cigarettes, smoking
37 tobacco, snuff, fine-cut chewing tobacco, cut and granulated
38 tobacco, cavendish, and plug or twist tobacco, and heated
39 tobacco products as defined in s. 210.25.
40 Section 3. Part II of chapter 210, Florida Statutes,
41 entitled "Tax on Tobacco Products other than Cigarettes or
42 Cigars," is renamed "Tax on Tobacco Products other than
43 Cigarettes, Heated Tobacco Products, or Cigars."
44 Section 4. Present subsections (6) through (14) of section
45 210.25, Florida Statutes, are redesignated as subsections (7)
46 through (15), respectively, a new subsection (6) is added to
47 that section, and present subsection (12) of that section is
48 amended, to read:
49 210.25 Definitions.—As used in this part:
50 (6) "Heated tobacco product" means a product containing

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51 tobacco designed for use in an electronic device with a heat
52 source that does not involve any form of burning or combustion
53 during ordinary conditions of use and which produces an
54 inhalable aerosol by heating the tobacco but does not produce
55 any smoke.
56 (13)(12) "Tobacco products" means loose tobacco suitable
57 for smoking; snuff; snuff flour; cavendish; plug and twist
58 tobacco; fine cuts and other chewing tobaccos; shorts; refuse
59 scraps; clippings, cuttings, and sweepings of tobacco, and other
60 kinds and forms of tobacco prepared in such manner as to be
61 suitable for chewing; but "tobacco products" does not include
62 cigarettes, as defined by s. 210.01(1), heated tobacco products,
63 or cigars.
64 Section 5. Subsection (8) of section 569.002, Florida
65 Statutes, is amended to read:
66 569.002 Definitions.—As used in this part, the term:
67 (8) "Tobacco products" includes loose tobacco leaves, and
68 products made from tobacco leaves, in whole or in part, and
69 cigarette wrappers, which can be used for smoking, sniffing, or
70 chewing, and heated tobacco products as defined in s. 210.25.
71 Section 6. Paragraph (d) of subsection (1) of section
72 951.22, Florida Statutes, is amended to read:
73 951.22 County detention facilities; contraband articles.—
74 (1) It is unlawful, except through regular channels as
75 duly authorized by the sheriff or officer in charge, to

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76 introduce into or possess upon the grounds of any county
77 detention facility as defined in s. 951.23 or to give to or
78 receive from any inmate of any such facility wherever said
79 inmate is located at the time or to take or to attempt to take
80 or send therefrom any of the following articles, which are
81 contraband:
82 (d) Any tobacco products as defined in s. 210.25 s.
83 210.25(12).
84 Section 7. For the purpose of incorporating the amendment
85 made by this act to section 569.002, Florida Statutes, in a
86 reference thereto, subsection (5) of section 569.31, Florida
87 Statutes, is reenacted to read:
88 569.31 Definitions.—As used in this part, the term:
89 (5) "Nicotine product" means any product that contains
90 nicotine, including liquid nicotine, which is intended for human
91 consumption, whether inhaled, chewed, absorbed, dissolved, or
92 ingested by any means. The term also includes any nicotine
93 dispensing device. The term does not include a:
94 (a) Tobacco product, as defined in s. 569.002;
95 (b) Product regulated as a drug or device by the United
96 States Food and Drug Administration under Chapter V of the
97 Federal Food, Drug, and Cosmetic Act; or
98 (c) Product that contains incidental nicotine.
99 Section 8. This act shall take effect July 1, 2026.

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CS/HB 1137
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: CS/HB 1137 COMPANION BILL: CS/SB 678 (Mayfield)
TITLE: Deductions for Certain Losses of Alcoholic LINKED BILLS: None
Beverages RELATED BILLS: None
SPONSOR(S): Robinson, W. and Overdorf
Committee References
Ways & Means Industries & Professional Commerce
15 Y, 0 N, As CS  Activities 

SUMMARY
Effect of the Bill:
The bill allows alcoholic beverage distributors a deduction from alcoholic beverage excise taxes for standard
product losses, including losses caused by breakage, spoilage, evaporation, or expiration. The bill also allows an
alternate deduction for extraordinary, one-time losses. The extraordinary loss deduction is for the actual gallonage
of the beverages lost. The bill establishes documentation, reporting, and recordkeeping requirements and
authorizes the Division of Alcoholic Beverages and Tobacco to adopt rules to administer and enforce the
deductions.

Fiscal or Economic Impact:
The Revenue Estimating Conference has estimated that the bill will have zero impact on state revenues.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill allows alcoholic beverage distributors to deduct certain losses of unsalable products from the excise taxes
they owe using one of two deductions: a deduction that applies to all dealers (standard deduction) or a deduction
that applies only to extraordinary losses. The bill reinstates a similar deduction that was previously authorized
under Rule 61A-4.0371, F.A.C.

Standard Deduction

The bill creates s. 561.1215, F.S., which allows alcoholic beverage distributors to deduct losses in the ordinary
course of business. Distributors of malt beverages (beer), vinous beverages (wine), and spirituous beverages
(liquor) can deduct excise taxes paid on alcoholic beverages that cannot be sold due to warehouse breakage,
spoilage, evaporation, expiration, or products that are unfit for human consumption. A deduction is also allowed
when the breakage, spoilage, or destruction is witnessed and documented by an employee of the Division of
Alcoholic Beverages and Tobacco within the Department of Business and Professional Regulation.

The deduction amounts are set as a percentage of gross excise tax collected:
 Wine: 0.49 percent
 Liquor: 0.15 percent
 Malt beverages: 0.20 percent, or the actual breakage or spoliation.

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For malt beverages, distributors must annually elect whether to use the percentage method or the gallonage of
actual breakage or spoliation. The election is binding for the calendar year unless the license is transferred or 100
percent of inventory is sold to a new owner.

Distributors handling multiple alcohol types must calculate deductions separately under each category’s rules.

Deduction for Extraordinary Losses

The bill also creates a separate deduction for “extraordinary losses” of alcoholic beverages, calculated based on the
actual gallonage lost. An extraordinary loss is defined as:

 An unusual, non-recurring loss resulting from an act of God or natural event;
 An accident during interstate or intrastate shipment between manufacturers, distributors, or retailers; or
 A manufacturer product recall that requires the destruction, dumping, or recycling of the product.

Extraordinary loss does not include losses incurred during the normal course of business that exceed the standard
deduction.

A distributor claiming an extraordinary loss must immediately notify the Division of Alcoholic Beverages and
Tobacco and submit supporting proof, which may include:
 A copy of the traffic accident report or incident report;
 A division employee or authorized representative witnessing the loss on the premises where the loss
occurs; or
 Other documentation deemed appropriate by the division which clearly and objectively establishes the
loss.

The distributor must also submit a written statement from the employee responsible for the destruction, dumping,
or recycling of the product. The statement must include:
 A description of the location where the extraordinary loss occurred;
 The identity of alcoholic beverages lost, by gallonage and tax category (malt, wine, or liquor); and
 The location of the site where the product was destroyed, dumped, or recycled.

After notification from a distributor of an extraordinary loss, the division must inspect the remaining inventory.
The distributor must show proof that the standard excise tax deduction or any other source of recovery has not
been recovered through any other means. The division may require copies of insurance claims, receipts, or other
supporting documentation.

The distributor must record on forms prescribed by the division:
 The actual gallonage of breakage, spoilage, or evaporation;
 The date of product destruction;
 The quantity destroyed by tax classification; and
 A statement by an authorized employee or agent of the destruction that the product was destroyed.

All forms and documentation must be maintained for three years by the division.

The new statute created by the bill applies retroactively to January 1, 2025.

The bill authorizes the Division of Alcoholic Beverages & Tobacco to adopt rules to implement these provisions.
(Section 1)

The bill takes effect upon becoming law. (Section 2)

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CS/HB 1137
RULEMAKING:
The bill grants rulemaking authority to the Division of Alcoholic Beverages & Tobacco within the Department of
Business and Professional Regulation to implement the provisions of the act.

Lawmaking is a legislative power; however, the Legislature may delegate a portion of such power to executive
branch agencies to create rules that have the force of law. To exercise this delegated power, an agency must
have a grant of rulemaking authority and a law to implement.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
The Revenue Estimating Conference has estimated that this bill will have no impact on state revenues as the bill
codifies preexisting administrative practice.1

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Division of Alcoholic Beverages and Tobacco

The Division of Alcoholic Beverages and Tobacco (the “division”) administers and enforces2 the Beverage Law,3
which regulates the manufacture, distribution, and sale of wine, beer, and liquor, including the:
 Receipt and processing of license applications;4
 Collection5 and auditing of taxes, surcharges, and fees paid by licensees;6 and
 Review and collection of reports detailing the beverages manufactured, imported, exported, and sold.7

The division is also responsible for the administration and enforcement of tobacco products under ch. 569, F.S.

Beer

The term “beer” means a brewed beverage that meets the federal definition of beer in 27 C.F.R. s. 25.11 and
contains less than 6 percent alcohol by volume. A “malt beverage” means any brewed beverage containing malt.
The terms “beer” and “malt beverage” are used interchangeable for purposes of the Beverage Law, but do not
include alcoholic beverages that require a certificate of label approval by the Federal Government as wine or as
distilled spirits.8

Wine

The term “wine” means “all beverages made from fresh fruits, berries, or grapes, either by natural fermentation or
by natural fermentation with brandy added, in the manner required by the laws and regulations of the United
States, and includes all sparkling wines, champagnes, combination of the aforesaid beverages, sake, vermouths, and
like products. Sugar, flavors, and coloring materials may be added to wine to make it conform to the consumer's

1 Revenue Estimating Impact Conference Meeting, Jan. 30 2026,

https://edr.state.fl.us/content/conferences/revenueimpact/archives/2026/_pdf/impact0130.pdf (last visited Feb. 3, 2026).
2 Section 561.08, F.S.
3 Section 561.01(6), F.S. The “Beverage Law” is comprised of Chapters 561 through 568, F.S.
4 See, e.g., s. 561.17, F.S.
5 Section 561.025, F.S.
6 See, e.g., s. 563.02, F.S., s. 564.02, F.S., and s. 565.02, F.S.
7 Section 561.55, F.S.
8 Section 563.01, F.S.

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taste, except that the ultimate flavor or the color of the product may not be altered to imitate a beverage other than
wine or to change the character of the wine.”9
“Fortified wine” means all wines containing more than 17.259 percent of alcohol by volume.10

Liquor

The term “liquor” is used interchangeably with “distilled spirits,” “spirituous liquors,” “spirituous beverages,” or
“distilled spirituous liquors,” and means the substance known as ethyl alcohol, ethanol, or spirits of wine in any
form, including all dilutions and mixtures thereof from whatever source or by whatever process produced.11

Excise Taxes on Alcoholic Beverages

Excise taxes on alcoholic beverages are levied at the wholesale level and collected from distributors. Current rates
under Chs. 564 and 565, F.S., are as follows:
 malt beverages (beer) at $0.48 per gallon12;
 wine at $2.25 to $3.50 per gallon, depending on type and alcohol content13;
 cider at $0.89 per gallon14; and
 liquor at $6.50 to $9.53 per gallon, depending on proof15.

Distributors are required to pay the tax to the division on or before the 10th day of the following month.16 Of the
monthly collections, 2 percent is deposited into the Alcoholic Beverage and Tobacco Trust Fund, specified
distributions totaling no more than $60 million are distributed to specified medical facilities in the state, and the
remainder is credited to the General Revenue Fund.17

Prior Excise Tax Deduction for Breakage and Spoilage of Alcoholic Beverages

The bill authorizes provisions that previously existed in rule. On July 7, 2025, the division published a notice of
intent to repeal Fla. Admin. Code R. Rule 61A-4.037118 because the original statutory authority in s. 564.06(5), F.S.
(1972) was repealed in 1985.19 The Joint Administrative Procedures Committee subsequently issued a Notice of
Nullification of the rule pursuant to s. 120.536(2)(a), F.S.20

Under the repealed rule, distributors could deduct an amount equal to:
 0.49 percent of gross tax for wine;
 0.15 percent of gross tax for liquor; and
 0.20 percent of gross tax for male beverages (beer).

9 Section 564.01(1), F.S.
10 Section 564.01(2), F.S.
11 Section 565.01, F.S.
12 Section 564.06, F.S.
13 Ibid
14 Ibid.
15 Section 565.12, F.S.
16 See, e.g., s. 564.06(7), F.S.
17 Section 561.121(1), F.S.
18 See Vol. 51 No. 130, July 7, 2025, issue of the Florida Administrative Register
19 See Section 1, ch. 85-204, Laws of Fla
20 See Joint Administrative Procedures Committee, Notice of Nullification of Rule 61A-4.0371, F.A.C., dated August 27, 2025 (on

file with the House Ways & Means Committee). Section 120.536(2)(a), F.S., provides that, if a law is repealed, any
administrative rule created solely to implement that specific law is automatically rendered null and void. Whenever a notice of
the nullification of a rule is received from the Joint Administrative Procedures Committee, the Department of State must
remove the rule from the Florida Administrative Code as of the effective date of the law effecting the nullification and update
the historical notes for the code to show the rule repealed by operation of law.
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4
CS/HB 1137
Alternatively, distributors could deduct the actual breakage or spoilage destruction witnessed and documented by
the division employee or other authorized person. Distributors were required to annually elect the method of
breakage for malt beverages (percentage or actual) and such election will be effective for 1 year unless the license
is transferred or 100 percent of the stock is sold to a new owner.21

Distributors could also deduct the amount due to extraordinary losses, including losses which are:
 Not expected to recur and resulting from acts of God or nature;
 Accidents which occur during interstate or intrastate shipment; or
 Products being recalled by a manufacturer and destroyed by a distributor.

Extraordinary losses did not include losses from evaporation, breakage, or spoilage incurred on the licensed
premises in the normal course of business which merely exceed the standard deductions.22

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IWays & Means Committee 15 Y, 0 N, As CS Aldridge Hallaian

THE CHANGES ADOPTED BY THE  Made non-substantive changes to align with Senate companion.
COMMITTEE:  Provisions will be retroactive to January 1, 2025.
Industries & Professional Activities Anstead Dallas
Subcommittee
Commerce Committee Hamon

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THIS BILL ANALYSIS HAS BEEN UPDATED TO INCORPORATE ALL OF THE CHANGES DESCRIBED ABOVE.
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21 Fla. Admin. Code R. Rule 61A-4.0371(1)
22 Fla. Admin. Code R. Rule 61A-4.0371(2)

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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 1137 2026

1 A bill to be entitled
2 An act relating to deductions for certain losses of
3 alcoholic beverages; creating s. 561.1215, F.S.;
4 authorizing a distributor of vinous, spirituous, or
5 malt beverages to make an excise tax deduction in its
6 monthly tax report for alcoholic beverages that have
7 become unsellable through warehouse breakage,
8 spoliation, evaporation, or expiration or that have
9 become unfit for human consumption; specifying the
10 percentage a distributor may deduct for such alcoholic
11 beverages; requiring that the method of determining
12 breakage for malt beverages be elected annually;
13 providing that the method is effective for a specified
14 timeframe; providing an exception; requiring
15 distributors that distribute more than one type of
16 alcoholic beverage to deduct their gross taxes for
17 products according to those specified in a specified
18 manner; excluding extraordinary losses of vinous,
19 spirituous, or malt beverages from such deductions;
20 defining the term "extraordinary loss"; requiring a
21 distributor to immediately notify the Division of
22 Alcoholic Beverages and Tobacco when an extraordinary
23 loss occurs; authorizing a distributor to deduct the
24 actual gallonage of the extraordinary loss; requiring
25 such distributors to show proof of the extraordinary

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26 loss before recovering or crediting any excise tax due
27 to the unsellable alcoholic beverages; specifying the
28 manner in which a distributor may show such proof;
29 requiring a distributor to show proof of the
30 destruction, dumping, or recycling of the alcoholic
31 beverages involved in the extraordinary loss;
32 specifying the manner in which to show such proof;
33 requiring the division to inspect any remaining
34 undamaged invoiced inventory intended to be
35 distributed upon being notified by the distributor;
36 requiring a distributor reporting extraordinary losses
37 to furnish proof that the excise tax has not been
38 recovered from any other source; requiring the
39 distributor to provide the division with copies of all
40 insurance claims and receipts of payment upon request;
41 requiring distributors to record certain information
42 on forms prescribed by the division; requiring the
43 division to retain such forms for a specified
44 timeframe; authorizing the division to adopt rules and
45 forms; providing retroactive application; providing an
46 effective date.
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Section 561.1215, Florida Statutes, is created

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51 to read:
52 561.1215 Deductions for breakage, spoliation, evaporation,
53 expiration, and extraordinary losses.—
54 (1)(a) Distributors of vinous, spirituous, or malt
55 beverages may make deductions against any excise tax due under
56 s. 563.05, s. 564.06, or s. 565.12 on their monthly tax report
57 for alcoholic beverages that have become unsellable through
58 warehouse breakage, spoliation, evaporation, or expiration or
59 that have become unfit for human consumption, in an amount equal
60 to the following:
61 1. For vinous beverage sales, 0.49 percent of gross tax.
62 2. For spirituous beverage sales, 0.15 percent of gross
63 tax.
64 3. For malt beverage sales, 0.20 percent of gross tax or
65 the actual breakage or spoliation.
66 (b) The method of determining breakage for malt beverages,
67 either percentage or actual gallonage, must be elected annually
68 and will be effective for 1 calendar year unless the license is
69 transferred or 100 percent of the stock is sold to a new owner.
70 (c) Distributors that distribute more than one type of
71 alcoholic beverage shall deduct the gross taxes for their
72 products as prescribed in this subsection for vinous,
73 spirituous, or malt beverages.
74 (2)(a) Extraordinary losses of vinous, spirituous, or malt
75 beverages are excluded from the deductions in subsection (1).

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CS/HB 1137 2026

76 For purposes of this section, the term "extraordinary loss"
77 means an unusual loss resulting from acts of God or nature which
78 are not expected to recur; accidents that occur during
79 interstate or intrastate shipment from manufacturer to
80 distributor, from distributor to distributor, or from
81 distributor to retailer; or products being recalled by a
82 manufacturer and destroyed by a distributor. The term does not
83 include a loss from evaporation, breakage, or spoliation
84 incurred on the licensed premises in the normal course of
85 business which exceeds the standard deductions prescribed in
86 subsection (1).
87 (b) A distributor shall immediately notify the division
88 when an extraordinary loss occurs. A distributor may deduct the
89 actual gallonage of the extraordinary loss. The distributor
90 shall show proof of the extraordinary loss before recovering or
91 crediting any excise tax due to the unsellable alcoholic
92 beverages by:
93 1. Providing a copy of a traffic accident investigation
94 report or an incident report from the investigating agency when
95 the loss occurs in transit;
96 2. Having the extraordinary loss witnessed or documented
97 by an authorized division employee when the extraordinary loss
98 occurs on the premises of the distributor; or
99 3. Clearly and objectively establishing the extraordinary
100 loss through appropriate documentation as determined by the

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101 division.
102 (c) The distributor shall show proof of the destruction,
103 dumping, or recycling of the alcoholic beverages involved in the
104 extraordinary loss by providing a statement to the division from
105 the distributor, or the distributor's authorized employee or
106 agent, evidencing such destruction, dumping, or recycling. The
107 statement must include a description of the location of the
108 extraordinary loss; the alcoholic beverages, by gallonage and
109 tax category, which have been destroyed, dumped, or recycled;
110 and the location of the site where the alcoholic beverages were
111 destroyed, dumped, or recycled.
112 (3)(a) Upon notification by a distributor, the division
113 shall inspect any remaining undamaged invoiced inventory
114 intended to be distributed.
115 (b)1. A distributor reporting extraordinary losses must
116 furnish proof that the excise tax has not been recovered from
117 any other source. The distributor shall provide the division
118 with copies of all insurance claims and receipts of payment upon
119 request by the division.
120 2. The distributor shall record on forms prescribed by the
121 division the actual gallonage of breakage, spoliation, or
122 evaporation of alcoholic beverages; the date of product
123 destruction; the quantity destroyed, by tax classification; and
124 a statement signed by the distributor, or the distributor's
125 authorized employee or agent, that the product was destroyed.

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126 3. The division shall retain all completed forms for 3
127 years.
128 (4) The division may adopt rules and forms to implement
129 this section.
130 (5) This section applies retroactively to January 1, 2025.
131 Section 2. This act shall take effect upon becoming a law.

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HB 1205
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 1205 COMPANION BILL: SB 994 (Gruters)
TITLE: Kratom LINKED BILLS: None
SPONSOR(S): Black RELATED BILLS: None
Committee References
Industries & Professional Agriculture & Natural Resources Commerce
Activities  Budget 

SUMMARY
Effect of the Bill:
The bill revises the Florida Kratom Consumer Protection Act to limit the types of products that can be sold, set
labeling requirements, ban the mixing of kratom with psychoactive substances, require processors hold a food
establishment permit, require federal registration, and require batch testing and reporting of adverse health
events.

Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate fiscal impact on state government and the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill revises the Florida Kratom Consumer Protection Act, as follows:
 Adds definitions.
 Limits the type of kratom products that can be sold.
 Sets requirements for labeling, including a specified warning.
 Bans the mixing of kratom with psychoactive substances.
 Requires that processors hold a food establishment permit.
 Requires registration with the United States Food and Drug Administration and adherence to the applicable
current good manufacturing practices in the Federal Food, Drug, and Cosmetic Act.
 Requires testing of each batch of finished kratom product.
 Requires submittal of an adverse event report when a processor becomes aware of an adverse health event
suspected of being associated with a kratom product.
 Exempts certain products for sale out of state.

Definitions
The bill adds definitions for “attractive to children”, “kratom”, “kratom beverage”, “kratom food service
establishment”, and “processor”. The bill removes from the definition of “kratom product” reference to “an extract,
synthetic alkaloid, or synthetically derived compound of such plant”, thereby limiting the regulation to “the plant
or any part of the plant Mitragyna speciosa”. “Processor” is defined as an individual or business entity that refines
kratom into ingredients for kratom products, manufactures kratom products, or packages finished kratom
products for resale. (Section 1)

Kratom Products
STORAGE NAME: h1205.IPA
DATE: 2/3/2026
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HB 1205
The bill defines “finished kratom product” as “a kratom product that is ready for sale to an end user. For purposes
of registration, a finished kratom product is differentiated by its ingredients, not by its weight, volume or size.” The
bill limits finished kratom products sold to the consumer at a retail establishment, including a food establishment1,
convenience store, or kava or kratom bar be in the following forms: dried leaf, kratom beverage, powder, pill, liquid
dietary supplement, gummy or food that are not attractive to children, or capsule. Additionally, the finished kratom
product must:
 Submit a certificate of analysis.
 Hold a food establishment permit or be exempt from the permit.
 Include directions for consumption on the products label, including but not limited to:
o Maximum dosage.
o Servings per package.
o Milligrams of 7-hydroxymitragynine and mitragynine per serving.
o A warning of number of servings that can safely be consumed per day.
o A warning prohibiting the use by individuals under 21.
o A warning against use by pregnant or breastfeeding individuals.
o A warning advising the consumer to consult a healthcare professional before use, that it can be
habit-forming, and that it might cause adverse health effects.
o A specific warning that the statements have not been evaluated by the Food and Drug
Administration.
o The expiration date.
o The name and place of business of the registrant.
 Not be attractive to children.
 Be in a container that is suitable for products for human consumption, is compliant with the United States
Poison Prevention Packaging Act, or contains a graduated measuring device, if applicable.
 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 in this section or by Department of Agriculture and Consumer
Services (DACS) rule.
 Only be sold in establishments that do not allow individuals under 21 and require age verification.
 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. (Section 1)

Permits and Federal Compliance
The bill requires that processors manufacturing or distributing finish kratom products hold a food service
establishment permit (permit). A “kratom food service establishment” is defined as “any public food service
establishment licensed under chapter 509 which sells finished kratom products.”

The bill prohibits a kratom food service establishments from operating a cottage food operation.

A kratom food service establishment does not need a permit if a kratom beverage is sold with another food or
beverage for consumption on the premises. However, the establishment may not sell a kratom beverage with
alcohol, drugs, or another finished kratom product. A “kratom beverage” is defined as “a prepackaged liquid
kratom product in the form of a tea, seltzer or tonic water, or tincture.” (Section 1)

The bill requires a processor that refines, manufactures, packages, or offers for sale kratom, kratom products, or
finished kratom products be properly registered with the United States Food and Drug Administration, adhere to

1 Food establishment” means a factory, food outlet, or other facility manufacturing, processing, packing, holding, storing, or

preparing food or selling food at wholesale or retail. The term does not include a business or activity regulated under s.
413.051, s. 500.80, chapter 509, or chapter 601. The term includes tomato packinghouses and repackers but does not include
any other establishments that pack fruits and vegetables in their raw or natural states, including those fruits or vegetables that
are washed, colored, or otherwise treated in their unpeeled, natural form before they are marketed.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 1205
the applicable current good manufacturing practices pursuant to the Federal Food, Drug, and Cosmetic Act, and
maintain product liability insurance with an occurrence limit of $3 million. (Section 1)

Testing
The bill requires processors to submit, upon request, a certificate of analysis from an accredited laboratory to the
Department of Agriculture and Consumer Services (DACS). The laboratory must be accredited by a third-party
accrediting body as a competent testing laboratory pursuant to ISO/IEC 17025 of the International Organization
for Standardization. The processor may not have any financial interest in the laboratory or the accrediting body.
The processor must retain each certificate of analysis for at least 1 year after the expiration of the relevant batch of
finished kratom product. (Section 1)

Each certificate of analysis must demonstrative that the finished kratom product complies with the concentration
limits for the following:
 Alkaloid and alkaloid metabolites,
 Residual solvents,
 Heavy metals,
 Pesticides, and
 Any other substance limited by DACS rule. (Section 1)

The bill specifies that if:
 A laboratory fails to ensure accuracy, it must be assessed an administrative fine in an amount prescribed by
DACS rule; and
 A processor fails to provide DACS a certificate of analysis within 7 days after a request, DACS must revoke
the processor’s permit. (Section 1)

Adverse Health Event
If a processor becomes aware of an adverse health event suspected of being associated with the use or
consumption of a finished kratom product, the bill requires the processor submit to DACS an adverse event report
pursuant to chapter IX of the Food and Drug Administration’s Food, Drug, and Cosmetic Act. If the processor fails to
report, DACS shall revoke their permit. (Section 1)

Enforcement
The bill authorizes DACS to require independent third-party testing when there is probable cause that a finished
kratom product is adulterated. The processor must pay for the testing. If the processor doesn’t pay within 30 days
of receiving an invoice for the test, DACS must revoke its license. (Section 1)

The bill requires DACS to issue a stop-sale or stop-use order for any finished kratom product sold, distributed,
manufactured, delivered, or offered for sale in violation of these provisions. The bill prohibits DACS from
authorizing the removal or use of any finished kratom product which is attractive to children until the product
complies with the requirements in the bill. “Attractive to children” is defined as a product manufactured in a shape
that resembles a human, a cartoon character, or an animal; or in a form that resembles an existing candy product
that is a widely distributed, branded food item. (Section 1)

Sale Outside the State
The bill specifies that the requirements do not apply to finished kratom products that are refined, manufactured, or
packaged in this state but shipped or transported outside of the state for sale or use. However, the bill requires that
those products may not 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 or a consumer in this state. The package must
contain the message “NOT FOR USE OR RETAIL SALE IN FLORIDA”. The product must be physically separated from
finished kratom products that are or are intended to be sold or used in this state. (Section 1)

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 1205
The bill appropriates the following funds and full-time positions (FTEs) to DACS for the 2026-2027 fiscal year for
the purpose of implementing this act:
 $1,920,141.22 in recurring funds and $1,791,608 in nonrecurring funds from the General Inspection Trust
Fund; and
 24 full-time equivalent positions with associated salary rate of 1,508,152.18. (Section 2)

Effective Date
The effective date of the bill is July 1, 2026. (Section 3)

RULEMAKING:
The bill requires DACS to adopt rules establishing administrative fines for laboratories that fail to ensure accuracy
of their certificates of analysis.

FISCAL OR ECONOMIC IMPACT:

STATE GOVERNMENT:
Indeterminate. The bill may increase expenditures and revenues for DACS related to additional administration and
enforcement costs, and the collection of related fees and fines.

PRIVATE SECTOR:
Indeterminate. The bill may increase expenditures for manufacturers, retailers, and wholesalers to satisfy the new
regulatory requirements in the bill. However, such requirements may result in a cost savings to the extent that
improvements are made to the health and safety related to the consumption of kratom products.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Kratom
Kratom is a tropical tree native to Southeast Asia, which contains two major psychoactive ingredients, mitragynine
and 7-hydroxymytragynine, in its leaves.2 The leaves are crushed and then smoked, brewed with tea, or placed into
gel capsules.3 Consumption of kratom leaves can produce stimulant and sedative effects, and may also lead to
psychotic symptoms.4

Some research has found that kratom can be used as a substitute for opiate users to combat withdrawal symptoms,
as well as to treat muscle ache, fatigue, and other conditions.5 Low doses of kratom are said to produce a stimulant
effect, while higher doses may produce an opioid-like effect.6 Additionally, research points to the potential for
further development of mitragynine and the use of kratom as a harm reduction agent.7 Even so, the toxicity of

2
Drug Enforcement Administration, Kratom (April 2020), https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf (last
visited Feb. 2, 2026).
3
Id.
4
Id.
5
See Dimy Fluyau and Neelambika Revedigar, Biochemical Benefits, Diagnosis, and Clinical Risks Evaluation of Kratom, FRONTIERS
IN PSYCH. J. VOL. 8 (April 24, 2017) https://www.frontiersin.org/articles/10.3389/fpsyt.2017.00062/full (last visited Feb. 2, 2026).
6
Fluyau and Neelambika, supra note 6.
7
See Charles Veltri and Oliver Grundmann, Current Perspectives on the Impact of Kratom Use, SUBSTANCE ABUSE AND REHAB. J.
VOL. 10, 23-31 (July 1, 2019) https://pubmed.ncbi.nlm.nih.gov/31308789/ (last visited Feb. 2, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 1205
kratom remains a topic of discussion, as well as its potential to cause herb-drug interactions and even be involved
in fatalities.8 While research on kratom is in early stages, kratom itself has the potential to be addictive and has not
been shown to be safe or effective for any medical use.9

According to the Food and Drug Administration, kratom is not appropriate for use as a dietary supplement. The
FDA has concluded from available information, including scientific data, that kratom is a new dietary ingredient for
which there is inadequate information to provide reasonable assurance that such ingredient does not present a
significant or unreasonable risk of illness or injury and, therefore, dietary supplements that are or contain kratom
are adulterated under the FD&C Act. Further, FDA has determined that kratom, when added to food, is an unsafe
food additive. Based on these determinations by FDA, kratom is not lawfully marketed as a dietary supplement and
cannot be lawfully added to conventional foods.10

In December 2023, a Tampa Bay Times analysis of medical examiner reports identified 587 Florida overdose
deaths involving kratom since 2013.11

Florida Kratom Consumer Protection Act of 2023
In 2023, the Legislature enacted the Florida Kratom Consumer Protection Act,12 which made it unlawful to sell,
deliver, barter, furnish, or give, directly or indirectly, any kratom product to a person under 21 years of age.
Violations are a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S.13

In 2024, DACS adopted rules to implement the act. The rules include the following requirements:14
 Each establishment distributing products consisting of or containing Kratom Products must be permitted
as a Food Establishment under the Florida Food Safety Act.
 Kratom Products must be packaged and labeled as required by the Florida Food Safety Act.
 Retailers that sell Kratom must display signs regarding the age limit for purchasing Kratom.
 Food Establishments must obtain confirmation that the purchaser is 21 years of age or older before mailing
the product.
 Food Establishments must require proof of age from a purchaser of any Kratom product before selling the
product to that person.
 Kratom products shall not be offered for sale by means of vending machines.

The rule authorizes DACS to enforce violations by imposing stop-sale/stop-use orders, administrative fines of up to
$5,000 per violation, permit suspensions, and/or revocations, and other administrative disciplinary procedures.15

State and Federal Prohibitions
Currently, kratom is not listed as a controlled substance under federal law. In 2016, the U.S. Drug Enforcement
Administration (DEA) submitted a notice of intent to place kratom into Schedule I of the Controlled Substances Act
(CSA) based on abuse potential and risk to public health.16 However, the DEA withdrew the notice a few months

8
Id.; see also FLORIDA DEPT. LAW ENF’T, Drugs https://www.fdle.state.fl.us/MEC/Publications-and-Forms/Documents/Drugs-in-
Deceased-Persons/2021-Interim-Drug-Report-FINAL.aspx (last visited Feb. 2, 2026). In May of 2022 the Florida Department of Law
Enforcement published its 2021 Interim Report, which found a 36% rise in kratom-involved deaths over the first half of 2021.
9
NAT’L CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH, Kratom, https://www.nccih.nih.gov/health/kratom (last visited
Feb. 2, 2026).
10
U.S. Food & Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Feb. 2, 2026).
11 Helen Freund, Sam Ogozalek, Langston Taylor and Hannah Critchfield, Deadly Dose Part 1: Hundreds died using kratom in

Florida. It was touted as safe. Tampa Bay Times, December 7, 2023, https://project.tampabay.com/investigations/deadly-
dose/kratom-overdose-deaths-florida-mitragynine-testing/ (last visited Feb. 3, 2026).
12
Ch. 2023-182, Laws of Fla.
13
S. 500.92, F.S.
14
R. 5K-4.030, F.A.C.
15
Id.
16
81 FR 59929.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
5
HB 1205
later based on public comments.17 In a letter obtained by an industry group, U.S. Health and Human Services
appeared to rescind their recommendation to the DEA to place kratom on Schedule I of the CSA in 2018, stating
that such action should wait until it is supported by further research on kratom uses, abuse, and risks.18 The DEA
continues to label kratom as a drug of concern.19

The U.S. Food and Drug Administration (FDA) has stated that there is substantial concern regarding the safety of
kratom and the risk it may pose to public health, and indicated that there are currently no FDA-approved uses for
kratom.20 The FDA is actively evaluating all available scientific information on the safety and effects of kratom and
continues to warn consumers not to use any kratom products, but has made no official findings.21

In 2015, the FDA issued an import alert22 that labels kratom as an adulterating ingredient.23 As a result, the FDA
seized imports of kratom-containing dietary supplements and bulk dietary ingredients. In May of 2021, the FDA
announced the seizure of around 37,500 tons of adulterated kratom in Fort Myers, Florida, worth an estimated
$1.3 million.24 On October 26, 2021, a consent decree of condemnation and destruction against the seized articles
by the FDA was entered, which required the claimants to pay a penal bond and destroy all seized articles.25

In July 2025, the FDA recommended a scheduling action to control certain 7-hydroxymitragynine (also known as 7-
OH) products under the CSA. 7-OH is a concentrated byproduct of the kratom plant. It has the potential for abuse
because of its ability to find to opioid receptors.26

In August 2025, Florida’s Attorney General filed an emergency rule making it illegal to sell, possess, or distribute
any isolated or concentrated form of 7-OH in the state.27 The rule and a superseding emergency rule,28 adds 7-
hydroxymitragynine as a Schedule 1 drug which is described as a substance that has a high potential for abuse and
has no currently accepted medical use in treatment in the United States.29

In 2014, Sarasota County banned kratom, labeling it as a designer drug.30 With the exception of Sarasota County, in
Florida, all parts of the plant and its extracts are legal to cultivate, buy, possess, and distribute without a license or
prescription.

17
81 FR 70652
18
Josh Long, HHS in 2018 rescinded recommendation to schedule kratom as a drug, Jan. 28, 2021,
https://www.naturalproductsinsider.com/regulatory/hhs-2018-rescinded-recommendation-schedule-kratom-drug (last visited Feb. 2,
2026).
19
U.S. Drug Enforcement Administration, Kratom, https://www.dea.gov/factsheets/kratom (last visited Feb. 2, 2026).
20
U.S. Food and Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Feb. 2, 2026).
21
Id.
22
U.S. Food and Drug Administration, Import Alert 54-15, Import Alert 54-15 (fda.gov) (last visited Feb. 2, 2026).
23
Id. The FDA labeled kratom as adulterating based on the absence of a history of use or other evidence of safety establishing that
kratom will reasonably be expected to be safe as a dietary ingredient, kratom and kratom-containing dietary supplements and bulk
dietary ingredients are adulterated because they contain a new dietary ingredient for which there is inadequate information to provide
reasonable assurance that such ingredient does not present a significant or unreasonable risk of illness or injury.
24
U.S. Food and Drug Administration, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom, May 21,
2021, FDA Announces Seizure of Adulterated Dietary Supplements Containing Kratom (last visited Feb. 2, 2026).
25
Id.
26
U.S. Food and Drug Administration, FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers, July
29, 2025, FDA Takes Steps to Restrict 7-OH Opioid Products Threatening American Consumers | FDA, (last visited February 2,
2026.)
27 Office of the Attorney General, Attorney General James Uthmeier Files Emergency Rule; Immediately Removing Dangerous 7-

OH From Store Shelves, August 13, 2025, Attorney General James Uthmeier Files Emergency Rule; Immediately Removing
Dangerous 7-OH from Store Shelves | My Florida Legal, (last visited Feb. 3, 2026).
28 R. 2ER25-3, F.A.C.
29 S. 893.03(1), F.S.
30
See Sarasota, FL., Code of Ordinances, Sec. 62-351 (2014).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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HB 1205
Kratom is illegal in Alabama,31 Arkansas,32 Indiana,33 Rhode Island,34 Vermont,35 and Wisconsin.36 Other states such
as Arizona,37 Georgia,38 Texas,39 and Utah40 regulate kratom under their state’s version of the Kratom Consumer
Protection Act. A total of sixteen states regulate the sale of kratom products in some fashion. The state laws are
not uniform. Their differences arise in their handling of particular issues relating to kratom products. These issues
include:41
 Age restrictions
 Marketing to children.
 Adulteration and contamination.
 Strength.
 Labeling.
 Testing and sampling.
 Registration and permitting.
 Synthetic alkaloids.
 Local authority.
 Private right of action.
 Taxation.

Federal Food, Drug, and Cosmetic Act
The Federal Food, Drug, and Cosmetic Act (FDCA) is a federal law which establishes the legal framework within
which the FDA operates.42 The FDA develops regulations under the FDCA for the safety of foods, drugs, and
cosmetics based on the laws set forth in the FDCA, including when a food is adulterated.43 Instances where a food
must be determined to be adulterated include when it:44
 Bears or contains any poisonous or deleterious substance which may render it injurious to health; such as
consisting in whole or in part of any filthy, putrid, or decomposed substance;
 Is a dietary supplement or contains a dietary ingredient that presents a significant or unreasonable risk of
illness or injury under use pursuant to the label;
 Is a new dietary ingredient for which there is inadequate information to provide reasonable assurance that
such ingredient does not present a significant or unreasonable risk of illness or injury.

When a food is determined to be adulterated, the FDA may take the following compliance measures:45
 Warning and untitled letters,
 Import alerts,
 Recalls,

31
See Alabama Public Health, Controlled Substance List, Jan. 20, 2021,
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited Feb. 2, 2026).
32
See Arkansas Department of Health, List of Controlled Substances, available at
https://codeofarrules.arkansas.gov/Rules/PartDocument?partID=705 (last visited Feb. 2, 2026).
33
See IC 35-31.5-2-321.
34
Rhode Island Department of Health, Designation of Controlled Substance, Apr. 10, 2017,
https://docs.wixstatic.com/ugd/9ba5da_9836aee2b9f04a30b55fe480fe3c6ff4.pdf (last visited Feb. 2, 2026).
35
See Vt. Admin. Code 12-5-23:4.0.
36
See W.S.A. 961.14.
37
See AZ Rev Stat § 36-795.02.
38
See GA Code § 16-13-121.
39 Texas Health and Safety Code Ann. Ch. 444 (2023).
40
See UT Code § 4-45-101.
41
Congressional Research Service, Kratom Regulation: Federal Status and State Approaches, November 28, 2023,
https://www.congress.gov/crs-product/LSB11082 (last visited Feb. 2, 2026).
42
21 U.S.C. 301.
43
See 21 C.F.R. §§ 1-1299.
44
21 U.S.C. 342.
45
CRS Report R43609, Enforcement of the Food, Drug, and Cosmetic Act: Select Legal Issues, February 9, 2018, Enforcement of the
Food, Drug, and Cosmetic Act: Select Legal Issues - EveryCRSReport.com (last visited Feb. 2, 2026).
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7
HB 1205
 Debarment,
 Civil money penalties,
 Seizure of products,
 Injunctions, and
 Criminal prosecution.

The Current Good Manufacturing Practice Regulations set minimum requirements for manufacturing, processing,
and backing of a drug product. The regulations make sure that a product is safe to use, and it has the ingredients
and strength it claims to have.46

Florida Food Safety Act
The purpose of the Florida Food Safety Act (Act)47 is to safeguard and protect the consuming public from product
use and merchandising deceit regarding the intrastate commerce of food. The Act is also meant to promote
conformance with the Federal Food, Drug, and Cosmetic Act,48 Agriculture Marketing Act of 1946,49 and Federal
Trade Commission Act.5051

The Department of Agriculture and Consumer Services (DACS) is the agency responsible for the enforcement of the
production, manufacture, transportation, and sale of food through the Act. The DACS Division of Food Safety
(Division) is directly responsible for assuring the public of a safe, wholesome, and properly represented food
supply.52 The division accomplishes this through the permitting53 and inspection54 of food establishments,55 the
inspection and evaluation of food products, and the performance of specialized laboratory testing on a variety of
food products sold or produced in Florida.56 The Division also proactively monitors food from manufacturing and
distribution to retail.57

As part of its responsibilities, DACS can impose a variety of disciplinary actions against food establishments for
specified violations.58 This includes, but is not limited to, revoking or suspending59 the permit of a food
establishment or imposing Class II60 administrative fines.61 DACS, or its duly authorized agent, can also issue and
enforce a stop-sale, stop-use, removal, or hold order if DACS or its agent finds any food, food processing equipment,
area, or food storage area is in violation of the Florida Food Safety Act.62

Many FDA regulations have been adopted as rules of the division.63

46
U.S Food and Drug Administration, Current Good Manufacturing Practice (CGMP) Regulations, November 21, 2025, Current
Good Manufacturing Practice (CGMP) Regulations | FDA (last visited Feb. 2, 2026).
47
See ch. 500, F.S.
48
21 U.S.C. §§ 301-399d.
49
7 U.S.C. §§ 1621-1629.
50
5 U.S.C. §§ 41-58, as amended.
51
S. 500.02, F.S.
52
FDACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited Feb. 2, 2026).
53
S. 500.12, F.S.
54
S. 500.147, F.S.
55
S. 500.03(1)(p), F.S., defines “food establishment” as a factory, food outlet, or other facility manufacturing, processing, packing,
holding, storing, or preparing food or selling food at wholesale or retail. The term does not include a business or activity regulated
under s. 413.051, s. 500.80, chapter 509, or chapter 601. The term includes tomato packinghouses and repackers but does not include
any other establishments that pack fruits and vegetables in their raw or natural states, including those fruits or vegetables that are
washed, colored, or otherwise treated in their unpeeled, natural form before they are marketed.
56
S. 500.09(6), F.S.
57
S. 500.81(3)(b)1., F.S.
58
S. 500.121, F.S.
59
Id.
60
The fine for each Class II violation cannot exceed $5,000. S. 570.971(1)(b), F.S.
61
S. 500.121, F.S.
62
S. 500.172, F.S.
63
R. 5K-4.002, F.A.C.
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HB 1205

The following are examples of when food is deemed adulterated: 64
 Food that bears or contains any poisonous or deleterious substance which may render it injurious to
health;
 Food that bears or contains any added poisonous or added deleterious substance; a food additive; or a
color additive, which is unsafe;
 Food that is or bears or contains any food additive which is unsafe;
 Food whose container is composed, in whole or in part, of any poisonous or deleterious substance;
 Food where any substance has been substituted wholly or in part therefor;
 Food where damage or inferiority has been concealed in any manner; and
 A dietary supplement or its ingredients that present a significant risk of illness or injury due to certain
labeling and ingredient requirements.

Misbranded food includes food offered for sale and its label or labeling does not comply with the requirements of
21 U.S.C. s. 343(r) pertaining to nutritional content claims and health claims. Labels for supplements may not claim
to diagnose, mitigate, treat, cure, or prevent a specific disease or class of diseases.65

DACS may inspect food that may be adulterated or misbranded;66 seize food that is adulterated or misbranded;67
suspend permits of those who sell food that is adulterated or misbranded, adulterate or misbrand food, or receive
food in commerce that is adulterated or misbranded;68 and impose a fine for adulterated or misbranded food, not
to exceed $5,00069 per violation.70

Public Food Service Establishment
A “public food service establishment” is any building, vehicle, place, or structure, or any room or division in a
building, vehicle, place, or structure where food is prepared, served, or sold for immediate consumption on or in
the vicinity of the premises; called for or taken out by customers; or prepared prior to being delivered to another
location for consumption.71

RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2023 CS/HB 179 - Florida Kratom Consumer Andrade/ Gruters The bill became law on July 1,
Protection Act 2023
2025 CS/HB 1489 - Kratom Products Owen/ Collins Died in Agriculture & Natural
Resources Budget
Subcommittee

OTHER RESOURCES:
United States Drug Enforcement Administration, Kratom

64
S. 500.10, F.S.
65
S. 500.11(1)(n), F.S.; 21 U.S.C. s. 343 (r)(6)(C.
66
S. 500.147(1), F.S.
67
S. 500.173, F.S.
68
S. 500.12(4), F.S.
69
S. 570.971(1)(b), F.S.
70
S. 500.121, F.S.
71 S. 509.013(5)(a), F.S.

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9
HB 1205

7-Hydroxymitragynin (7-OH): An Assessment of the Scientific Data and Toxicological Concerns Around an
Emerging Opioid Threat

United States Food & Drug Administration, FDA and Kratom

University of Florida College of Pharmacy, Kratom Resources

Cleveland Clinic, Is Kratom Safe To Use?

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Miralia
Subcommittee
Agriculture & Natural Resources
Budget Subcommittee
Commerce Committee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
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

HB 1205 2026

1 A bill to be entitled
2 An act relating to kratom; amending s. 500.92, F.S.;
3 providing and revising definitions; providing certain
4 requirements for the sale of kratom products at
5 specified establishments, stores, and bars; requiring
6 kratom product processors to hold a specified permit;
7 providing an exception; providing kratom product
8 processors must meet specified requirements; requiring
9 kratom product processors to submit to the Department
10 of Agriculture and Consumer Services a specified
11 certificate of analysis from a laboratory; requiring
12 such laboratory to maintain a specific accreditation;
13 prohibiting processors from have a financial economic
14 interest in such laboratory or accrediting body;
15 requiring processors to retain certificate of analysis
16 for a certain time period; requiring a specified
17 demonstration in each certificate of analysis;
18 requiring the department to assess an administrative
19 fine against a laboratory in certain circumstances;
20 requiring the department to revoke a permit held by a
21 processor in certain circumstances; requiring
22 processors to submit to the department an adverse
23 event report in certain circumstances; requiring the
24 department to revoke a processor's permit for failure
25 to report such an event; authorizing the department to

Page 1 of 10

CODING: Words stricken are deletions; words underlined are additions.
hb1205-00
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

HB 1205 2026

26 require an independent third-party test of kratom
27 products in certain circumstances; requiring
28 processors to pay all costs associated with such
29 testing; requiring the department to revoke a
30 processor's permit if the processor does not pay such
31 costs within a certain time period; providing
32 specified penalties; requiring the department to issue
33 a stop-sale or stop-use order in certain
34 circumstances; providing applicability; providing an
35 appropriation; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 500.92, Florida Statutes, is amended to
40 read:
41 500.92 Florida Kratom Consumer Protection Act.—
42 (1) This section may be cited as the "Florida Kratom
43 Consumer Protection Act."
44 (2) As used in this section, the term:
45 (a) "Attractive to children" means a product manufactured:
46 1. In a shape that resembles a human, a cartoon character,
47 or an animal; or
48 2. In a form that resembles an existing candy product that
49 is a widely distributed, branded food item.
50 (b) "Finished kratom product" means a kratom product that

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51 is ready for sale to an end user. For purposes of registration,
52 a finished kratom product is differentiated by its ingredients,
53 not by its weight, volume, or size.
54 (c) "Kratom" means the plant or any part of the plant
55 Mitragyna speciosa in any form.
56 (d) "Kratom beverage" means a prepackaged liquid kratom
57 product in the form of a tea, seltzer or tonic water, or
58 tincture.
59 (e) "Kratom food service establishment" means any public
60 food service establishment licensed under chapter 509 which
61 sells finished kratom products.
62 (f) "Kratom product" means a food product, food
63 ingredient, dietary ingredient, dietary supplement, or beverage
64 intended for human consumption which contains any part of the
65 leaf of the plant Mitragyna speciosa or an extract, synthetic
66 alkaloid, or synthetically derived compound of such plant and is
67 manufactured as a powder, capsule, pill, beverage, or other
68 consumable edible form.
69 (g) "Processor" means an individual or business entity
70 that:
71 1. Refines kratom into ingredients used for the purpose of
72 manufacturing a finished kratom product;
73 2. Manufactures finished kratom products; or
74 3. Packages finished kratom products for resale.
75 (3) Finished kratom products sold in this state to a

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76 consumer at a retail establishment, including a food
77 establishment as defined in s. 500.03(1), a convenience store,
78 or a kava or kratom bar, must:
79 (a) Be in one of the following delivery forms:
80 1. Dried leaf;
81 2. Kratom beverage;
82 3. Powder;
83 4. Pill;
84 5. Liquid dietary supplement;
85 6. Gummy or food that are not attractive to children; or
86 7. Capsule.
87 (b) Submit a certificate of analysis pursuant to paragraph
88 (4)(c).
89 (c) Hold a permit pursuant to paragraph (4)(a).
90 (d) Include directions for consumption on the product's
91 label, including, but not limited to:
92 1. Maximum dosage of 100 milligrams of kratom alkaloids
93 per serving.
94 2. Number of servings per package.
95 3. Milligrams of 7-hydroxymitragynine and mitragynine per
96 serving.
97 4. A warning advising consumers of the number of servings
98 that may be safely consumed in a 24-hour period.
99 5. A warning prohibiting use by individuals who are under
100 21 years of age.

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101 6. A warning advising against use by individuals who are
102 pregnant or breastfeeding.
103 7. A warning advising the consumer to consult a health
104 care professional before use, that the product may be habit-
105 forming, and that it may cause adverse health effects.
106 8. A warning stating the following:
107
108 THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE UNITED STATES
109 FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO
110 DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
111
112 9. The expiration date.
113 10. The name and place of business of the registrant.
114 (e) Not be attractive to children.
115 (f) Be in a container that:
116 1. Is suitable to contain products for human consumption;
117 2. Is compliant with the United States Poison Prevention
118 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.; or
119 3. Contains a graduated measuring device, if applicable.
120 (g) Not be adulterated or mixed with any other ingredient,
121 including, but not limited to, metals, pesticides, or pathogens,
122 in excess of the limits set forth this section or by department
123 rule.
124 (h) Only be sold in establishments that restrict entry to
125 individuals who are under the age of 21 years and require age

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126 verification.
127 (i) Not be served in a form that combines or mixes
128 finished kratom products with psychoactive substances that
129 impact the central nervous system, including, but not limited
130 to, alcohol, caffeine, kava, cannabinoids, and nicotine.
131 (4)(a)1. Finished kratom products may only be manufactured
132 or distributed by a processor who holds a permit issued under s.
133 500.12 to operate as a food establishment as defined in s.
134 500.03(1). A kratom food service establishment may not operate a
135 cottage food operation pursuant to s. 500.80.
136 2. A kratom food service establishment is not required to
137 hold a permit pursuant to subparagraph 1. if a kratom beverage
138 is sold with another food or beverage for consumption on the
139 premises of the food establishment. However, such establishment
140 may not sell a kratom beverage with alcohol, drugs, or another
141 finished kratom product.
142 (b) A processor that refines, manufactures, packages, or
143 offers for sale kratom, kratom products, or finished kratom
144 products must:
145 1. Be properly registered with the United States Food and
146 Drug Administration.
147 2. Adhere to the applicable current good manufacturing
148 practices pursuant to the Federal Food, Drug, and Cosmetic Act,
149 21 U.S.C. ss. 301 et seq.; 21 C.F.R. part 210.
150 3. Maintain product liability insurance with an occurrence

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151 limit of $3 million.
152 (c)1. For each batch of a finished kratom product, the
153 processor shall submit to the department, upon request, a
154 certificate of analysis from an accredited laboratory. The
155 laboratory must be accredited by a third-party accrediting body
156 as a competent testing laboratory pursuant to ISO/IEC 17025 of
157 the International Organization for Standardization. The
158 processor may not have any direct or indirect financial or
159 economic interest in the laboratory or third-party accrediting
160 body. The processor shall retain each certificate of analysis
161 for at least 1 year after the expiration of the relevant batch
162 of finished kratom product.
163 2. Each certificate of analysis required pursuant to
164 subparagraph 1. must demonstrate that the finished kratom
165 product complies with the concentration limits for:
166 a. Alkaloid and alkaloid metabolites.
167 b. Residual solvents.
168 c. Heavy metals, including cadmium, arsenic, mercury, and
169 lead.
170 d. Pesticides.
171 e. Any other substance limited by department rule.
172 3. If a laboratory fails to ensure the accuracy of its
173 certificates of analysis issued pursuant to this paragraph, the
174 laboratory shall be assessed an administrative fine in an amount
175 as prescribed by department rule.

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176 4. If a processor fails to provide the department with a
177 certificate of analysis within 7 days after receiving a request
178 from the department pursuant to subparagraph 1., the department
179 shall revoke the processor's permit.
180 (5)(a) If a processor becomes aware of an adverse health
181 event suspected of being associated with the use or consumption
182 of a finished kratom product pursuant to this section, the
183 processor must submit to the department an adverse event report
184 pursuant to chapter IX of the Food and Drug Administration's
185 Food, Drug, and Cosmetic Act. If a processor fails to report
186 such an event to the department pursuant to this paragraph, the
187 department shall revoke the processor's permit.
188 (b) If probable cause exists that a finished kratom
189 product is adulterated in violation of this section, the
190 department may require an independent third-party test of the
191 product by a laboratory of the department's own choosing, and
192 the processor must pay all costs associated with the test. If
193 the processor does not pay such costs within 30 days after
194 receiving an invoice for the test, the department shall revoke
195 the processor's permit. (3) It is unlawful to sell, deliver,
196 barter, furnish, or give, directly or indirectly, any kratom
197 product to a person who is under 21 years of age.
198 (6)(a)(4) A violation of subsection (4) (3) is a
199 misdemeanor of the second degree, punishable as provided in s.
200 775.082 or s. 775.083.

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201 (b) The department shall exercise its authority under s.
202 500.172 and issue a stop-sale or stop-use order for any finished
203 kratom product sold, distributed, manufactured, delivered, or
204 offered for sale in violation of this section. The department
205 may impose penalties as provided in s. 500.121. The department
206 may not grant permission to remove or use, except for disposal,
207 any finished kratom product subject to a stop-sale or stop-use
208 order which is attractive to children until the finished kratom
209 product complies with this section.
210 (c) A processor that sells, distributes, manufactures,
211 delivers, or offers for sale a kratom product that contains a
212 controlled substance or adulterants violates this section.
213 (7) This section does not apply to finished kratom
214 products that are refined, manufactured, or packaged in this
215 state, shipped or transported outside of this state for sale or
216 use. However, such products:
217 (a) May not be sold, shipped, or transported to a consumer
218 in this state, a retail establishment in this state, or an
219 individual who sells or intends to sell such products to a
220 consumer in this state.
221 (b) Must be in a package which contains the following
222 message in capitalized text of at least 36 bold font:
223
224 NOT FOR USE OR RETAIL SALE IN FLORIDA.
225

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226 (c) Must be physically separated from finished kratom
227 products that are, or intended to be, sold or used in this
228 state.
229 (8)(5) The department shall adopt rules to administer this
230 section.
231 Section 2. For the 2026-2027 fiscal year, the sums of
232 $1,920,141.22 in recurring funds and $1,791,608 in nonrecurring
233 funds from the General Inspection Trust Fund are appropriated to
234 the Department of Agriculture and Consumer Services, and 24
235 full-time equivalent positions with associated salary rate of
236 1,508,152.18 are authorized, for the purpose of implementing
237 this act.
238 Section 3. This act shall take effect July 1, 2026.

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INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE

HB 1205 by Rep. Black
Kratom

AMENDMENT SUMMARY
February 5, 2026

The amendment:
• Conforms the house version with the senate companion.
• Changes maximum dosage of alkaloids per serving from 100 milligrams to 50 milligrams.
• Prohibits the mixture of finished kratom products with an extract, synthetic alkaloid, or
synthetically derived compound of kratom.
• Requires registration of finished kratom products with the Department of Agriculture.
• Clarifies that separate product registration is not required when a kratom beverage is
combined with another food or beverage by the kratom food establishment for
consumption on the premises.
• Removes exemption for processors from obtaining a food establishment permit.
• Clarifies enforcement and penalties.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1205 (2026)
Amendment No.

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Industries & Professional
2 Activities Subcommittee
3 Representative Black offered the following:
4
5 Amendment (with title amendment)
6 Remove everything after the enacting clause and insert:
7
8 Section 1. Section 500.92, Florida Statutes, is amended to
9 read:
10 500.92 Florida Kratom Consumer Protection Act.—
11 (1) SHORT TITLE.—This section may be cited as the "Florida
12 Kratom Consumer Protection Act."
13 (2) DEFINITIONS.—As used in this section, the term:
14 (a) "Attractive to children" means a product manufactured:

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15 1. In a shape that resembles a human, a cartoon character,
16 or an animal; or
17 2. In a form that resembles an existing candy product that
18 is widely distributed or branded.
19 (b) "Finished kratom product" means a kratom product that
20 is ready for sale to the end user. For purposes of registration,
21 a finished kratom product is differentiated by its ingredients,
22 not by its weight, volume, or size.
23 (c) "Kratom" means the plant or any part of the plant
24 Mitragyna speciosa in any form.
25 (d) "Kratom beverage" means a prepackaged liquid kratom
26 product in the form of a tea, a seltzer or tonic water, or a
27 tincture.
28 (e) "Kratom food service establishment" means any public
29 food service establishment licensed as provided in chapter 509
30 which sells finished kratom products.
31 (f) "Kratom product" means a food product, food
32 ingredient, dietary ingredient, dietary supplement, or beverage
33 intended for human consumption which contains any part of the
34 leaf of the plant Mitragyna speciosa or an extract, synthetic
35 alkaloid, or synthetically derived compound of such plant and is
36 manufactured as a powder, capsule, pill, beverage, or other
37 consumable edible form.
38 (g) "Processor" means an entity that:
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39 1. Refines kratom into input ingredients for the purpose
40 of manufacturing a finished kratom product;
41 2. Manufactures finished kratom products; or
42 3. Packages finished kratom products for resale.
43 (3) KRATOM PRODUCT RETAIL SALE REQUIREMENTS.—Finished
44 kratom products sold to consumers at retail establishments,
45 including a food establishment as defined in s. 500.03(1), a
46 convenience store, or a kava or kratom bar:
47 (a) Must be in one of the following delivery forms:
48 1. Dried leaf;
49 2. Kratom beverage;
50 3. Powder;
51 4. Pill;
52 5. Liquid dietary supplement;
53 6. Gummy or food; or
54 7. Capsule.
55 (b) Must possess a certificate of analysis, which must be
56 submitted to the department pursuant to paragraph (4)(e).
57 (c) Must be registered with the department pursuant to
58 this section.
59 (d) Must include directions for consumption of the kratom
60 product on the product's label, including, but not limited to:
61 1. Maximum dosage of 50 milligrams of kratom alkaloids per
62 serving;
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Amendment No.

63 2. Number of servings per package;
64 3. Milligrams of mitragynine and 7-hydroxymitragynine per
65 serving;
66 4. A warning advising consumers of the number of servings
67 that may be safely consumed in a 24-hour period;
68 5. A warning prohibiting use by individuals who are under
69 21 years of age;
70 6. A warning advising against use by individuals who are
71 pregnant or breastfeeding;
72 7. A warning advising the consumer to consult a health
73 care professional before use, that the product may be habit-
74 forming, and that it may cause adverse health effects;
75 8. A warning stating the following: "These statements have
76 not been evaluated by the United States Food and Drug
77 Administration. This product is not intended to diagnose, treat,
78 cure, or prevent any disease.";
79 9. The expiration date; and
80 10. The name and place of business of the registrant.
81 (e) Must comply with the packaging and labeling
82 requirements set forth in this chapter and with the rules
83 adopted pursuant thereto.
84 (f) May not be attractive to children.
85 (g) Must be packaged in a container that:
86 1. Is suitable to contain products for human consumption.
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87 2. Is compliant with the United States Poison Prevention
88 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq.
89 3. Contains a graduated measuring device, if applicable.
90 (h) May not be adulterated, including containing metals,
91 pesticides, or pathogens in excess of the limits set by this
92 section or department rule.
93 (i) May be sold only in establishments that restrict entry
94 to persons who are 21 years of age or older and require age
95 verification.
96 (j) May not be served in a form that combines or mixes
97 finished kratom products with psychoactive substances that
98 impact the central nervous system, including, but not limited
99 to, alcohol, caffeine, kava, cannabinoids, phenibut, and
100 nicotine.
101 (k) May not be served in a form that combines or mixes
102 finished kratom products with an extract, synthetic alkaloid, or
103 synthetically derived compound of kratom.
104 (4) PERMIT FOR PROCESSING FINISHED KRATOM PRODUCTS AND
105 FEDERAL AND STATE REGISTRATION REQUIREMENTS FOR PROCESSORS.—
106 (a) Kratom products may be manufactured or distributed in
107 this state only by a processor who holds a permit issued by the
108 department to operate as a food establishment as defined in s.
109 500.03(1). A processor may not operate as a cottage food

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110 operation pursuant to s. 500.80 and is not exempt from food
111 permit requirements pursuant to s. 500.12(1)(a)1.
112 (b) A processor that manufactures, processes, packs, or
113 offers for sale kratom, kratom products, or finished kratom
114 products must be properly registered with the United States Food
115 and Drug Administration as a Food Facility.
116 (c) A processor shall comply with 21 C.F.R. part 210.
117 (d) A processor shall maintain product liability insurance
118 with an occurrence limit of $3 million.
119 (e) For each batch of a registered, finished kratom
120 product, the processor shall retain and, upon request, submit a
121 certificate of analysis to the department from an accredited
122 laboratory. The laboratory must be accredited under the
123 International Organization for Standardization
124 (ISO)/International Electrotechnical Commission (IEC) 17025:2017
125 general requirements for competence of testing and calibration
126 laboratories standard by an accreditation body that is a
127 signatory to the International Laboratory Accreditation
128 Cooperation Mutual Recognition Arrangement or a subsequent
129 arrangement. The processor may not have any direct or indirect
130 financial or economic interest in the laboratory or accrediting
131 body. The processor shall maintain the certificates of analysis
132 for a minimum of 1 year after the finished kratom product's
133 expiration date. The certificate of analysis must demonstrate
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134 that the finished kratom product is in compliance with the
135 statutory and rule concentration limits for:
136 1. Alkaloid and alkaloid metabolites;
137 2. Residual solvents;
138 3. Heavy metals, including cadmium, arsenic, mercury, and
139 lead; and
140 4. Pesticides and any substance limited by department
141 rule.
142 (f) A finished kratom product served by a kratom food
143 service establishment must comply with the requirements of this
144 section; however, a separate product registration under this
145 subsection is not required when a kratom beverage is combined
146 with another food or beverage by the kratom food service
147 establishment for consumption on premises.
148 (g) Subsection (3) does not apply to finished kratom
149 products processed or manufactured in this state and
150 subsequently shipped or transported out of this state for sale
151 or use outside of this state.
152 (h) Finished kratom products produced in this state and
153 subsequently shipped or transported out of this state for sale
154 outside of this state:
155 1. May not be sold, shipped, or transported to a consumer
156 in this state, a retail establishment in this state, or to a

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157 person who intends to sell such products to a consumer in this
158 state;
159 2. Must be in a package marked "NOT FOR USE OR RETAIL SALE
160 IN FLORIDA" in a bold font size of at least 36 points; and
161 3. Must be physically separated from finished kratom
162 products that are, or are intended to be, sold or used in this
163 state.
164 (5) REPORTING AND TESTING.—
165 (a) If a processor or the department receives notice of
166 any adverse health event suspected to be related to the
167 processor's kratom product, the processor or the department must
168 submit an adverse event report as set out in chapter 9 of the
169 Federal Food, Drug, and Cosmetic Act, 21 U.S.C. s. 379aa-1(b)(1)
170 to the United States Food and Drug Administration.
171 (b) If probable cause exists that a kratom product may be
172 adulterated, the department may require an independent third-
173 party test of the kratom product by a laboratory of the
174 department's choice, and the processor must pay the cost of the
175 test. If the processor does not make such payment to the
176 department within 30 days after receiving the invoice for the
177 testing fee, the department must revoke the registration for
178 that product.
179 (6) PROHIBITIONS.—

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180 (a) It is unlawful to serve kratom beverages combined with
181 alcohol, drugs, or other kratom products.
182 (b) It is unlawful to sell, deliver, barter, furnish, or
183 give, directly or indirectly, any kratom product to a person who
184 is under 21 years of age.
185 (7)(4) VIOLATIONS.—
186 (a) A violation of subsection (4) (3) is a misdemeanor of
187 the second degree, punishable as provided in s. 775.082 or s.
188 775.083.
189 (b) A processor that manufactures, delivers, offers for
190 sale, distributes, or sells a finished kratom product that
191 violates paragraph (3)(b) or paragraph (3)(c) commits a
192 misdemeanor of the second degree, punishable as provided in s.
193 775.082 or s. 775.083.
194 (c) Kratom products possessed, manufactured, delivered,
195 offered for sale, distributed, or sold in violation of this
196 section by an entity regulated under this chapter are subject to
197 s. 500.172 and an immediate stop-sale order, and the entity is
198 subject to penalties as provided in s. 500.121. The department
199 may not grant permission to remove or use, except for disposal,
200 finished kratom products subject to a stop-sale order which are
201 attractive to children until the finished kratom products comply
202 with this section.

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203 (d) If a processor fails to provide the department with a
204 certificate of analysis within 7 days after receiving a request
205 from the department or fails to immediately report an adverse
206 health event to the department as required by this section, the
207 department may revoke the processor's finished kratom product
208 registration.
209 (e) A processor that manufactures, delivers, offers for
210 sale, distributes, or sells a kratom product that contains any
211 controlled substance or adulterants is in violation of this
212 section.
213 (f) A laboratory that fails to ensure the accuracy of its
214 certificates of analysis issued pursuant to this section is
215 subject to an administrative fine as provided by department
216 rule.
217 (8)(5) RULES.—The department shall adopt rules to
218 administer this section.
219 Section 2. For the 2026-2027 fiscal year, the sums of
220 $1,920,141.22 in recurring funds and $1,791,608 in nonrecurring
221 funds from the General Inspection Trust Fund are appropriated to
222 the Department of Agriculture and Consumer Services, and 24
223 full-time equivalent positions with associated salary rate of
224 $1,508,152.18 are authorized, for the purpose of implementing
225 this act.
226 Section 3. This act shall take effect October 1, 2026.
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Amendment No.

227
228 -----------------------------------------------------
229 T I T L E A M E N D M E N T
230 Remove everything before the enacting clause and insert:
231 An act relating to kratom; amending s. 500.92, F.S.;
232 defining terms; revising the definition of the term
233 "kratom product"; requiring that finished kratom
234 products sold to consumers at certain establishments
235 meet certain requirements; requiring that kratom
236 products be manufactured only by a processor who holds
237 a certain permit issued by the Department of
238 Agriculture and Consumer Services; prohibiting
239 specified operations; prohibiting exemptions from
240 certain requirements; requiring certain processors to
241 be properly registered with the United States Food and
242 Drug Administration; requiring processors to comply
243 with certain regulations; requiring processors to
244 maintain product liability insurance with a specified
245 occurrence limit; requiring processors of a finished
246 kratom product to retain and submit a certificate of
247 analysis from an accredited laboratory to the
248 Department of Agriculture and Consumer Services for
249 each batch of finished kratom product; specifying
250 requirements for such laboratory; prohibiting
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251 processors from having any financial or economic
252 interest in such laboratory or the body accrediting
253 such laboratory; requiring processors to maintain
254 their certificates of analysis for a specified amount
255 of time after the finished kratom product's expiration
256 date; requiring that the certificate of analysis
257 demonstrate that the finished kratom product is in
258 compliance with statutory and rule concentration
259 limits for specified substances; requiring that
260 certain finished kratom products comply with product
261 registration and testing requirements; providing an
262 exception; providing nonapplicability; providing
263 requirements for finished kratom products produced in
264 this state and subsequently shipped or transported out
265 of this state for sale outside of this state;
266 requiring a processor or the department to submit a
267 certain report to the United States Food and Drug
268 Administration if a processor or the department
269 receives a certain notice; authorizing the department
270 to conduct an independent third-party test of a kratom
271 product if probable cause exists that the product is
272 adulterated; requiring the processor to pay the
273 testing cost; authorizing the department to revoke the
274 processor's product registration if the processor
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Page 12 of 13
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 1205 (2026)
Amendment No.

275 fails to pay for such test within a specified
276 timeframe; providing prohibitions; providing criminal
277 penalties; providing that certain kratom products are
278 subject to a stop-sale order; authorizing the
279 department to revoke a processor's finished kratom
280 product registration under certain circumstances;
281 providing that a processor whose kratom product
282 contains a controlled substance or other prohibited
283 substances is in violation of the act; authorizing the
284 levying of administrative fines for laboratories that
285 fail to comply with certain requirements; providing an
286 appropriation; providing an effective date.

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PCS for HB 989
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 989 COMPANION BILL: SB 1562 (Trumbull)
TITLE: Motor Vehicle Manufacturers, Importers, LINKED BILLS: None
Distributors. and Franchised Motor Vehicle Dealers RELATED BILLS: None
SPONSOR(S): Industries & Professional Activities
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities

SUMMARY
Effect of the Bill:
The bill prohibits a licensed motor vehicle manufacturer, distributor, importer or factory branch (licensee) that
sells 1,000 or more vehicles of a particular line-make to motor vehicle dealers within the state during any 12-
month period from selling more than 33.33 percent of such vehicles to any single dealer or group of dealers with
common ownership or control. However, the bill exempts any licensee that had a franchised dealer in the state as of
January 1, 2026, or if they are not otherwise prohibited from owning or operating their own dealership.

The bill expands the grounds on which a licensee may prevent or reject the succession, transfer, assignment, or sale
of a motor vehicle dealership franchise to include when such action would result in the licensee selling more than
33.33 percent of its wholesale volume in the state to any single dealer or group of dealers with common ownership
or control, in violation of ch. 320, F.S.

Fiscal or Economic Impact:
Indeterminate. The bill appears to have no fiscal impact on state or local government. The bill may have an
indeterminate impact on the private sector.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
The bill prohibits a licensed motor vehicle manufacturer, distributor, importer or factory branch (licensee) that
sells 1,000 or more vehicles of a particular line-make to motor vehicle dealers within the state during any 12-
month period from selling more than 33.33 percent of such vehicles to any single dealer or group of dealers with
common ownership or control. (Section 1)

A group of dealers is commonly owned or controlled when:
 One dealer owns or controls more than 30 percent of another dealer; or
 The same person or entity owns or controls more than 30% of each dealer. (Section 1)

However, the bill exempts any licensee that had a franchised dealer in the state as of January 1, 2026, or if they are
not otherwise prohibited from owning or operating their own dealership. (Section 1)

The bill expands the grounds on which a licensee may prevent or reject the succession, transfer, assignment, or
sale of a motor vehicle dealership franchise to include when such action would result in the licensee selling more
than 33.33 percent of its wholesale volume in the state to any single dealer or group of dealers with common
ownership or control, in violation of ch. 320, F.S. (Sections 1 and 2)

STORAGE NAME: PCS0989.IPA
DATE: 2/3/2026
1
PCS for HB 989

The bill provides an effective date of July 1, 2026. (Section 3)

FISCAL OR ECONOMIC IMPACT:

PRIVATE SECTOR:
The bill may have an indeterminate impact on the private sector. The bill may have a positive economic impact on
franchised dealers in the state as it protects their current business model.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Automobile Dealership Act
The Florida Automobile Dealership Act (Act)1 governs the licensure of, and contractual relationship between motor
vehicle manufacturers,2 distributors,3 and importers,4 and provides substantial protections for motor vehicle
dealers. The Division of Motor Vehicles (Division) within the Department of Highway Safety and Motor Vehicles
(DHSMV) administers and enforces the Act, which generally specifies:5
 Motor vehicle manufacturers, distributors, and importers (applicants or licensees) must be licensed under
the Act to engage in business in Florida, and the conditions under which the DHSMV may deny, suspend, or
revoke such licenses;
 The requirements for licensees wishing to discontinue, cancel, modify, or otherwise replace a franchise
agreement with a dealer, and the conditions under which the DHSMV may deny such a request;
 The procedures licensees must follow to add a franchised dealership in an area already served by a
franchised dealer, the protest process, and the DHSMV’s role in such circumstances;
 The damages assessable against a licensee who violates the Act; and
 The DHSMV’s authority to adopt rules to implement the Act.

Motor Vehicle Dealers
Under the Act, motor vehicle dealers6 are classified as either franchised dealers or independent dealers. A
franchised motor vehicle dealer is any person or business who engages in the business of repairing, servicing,

1 Ch. 70-424, Laws of Fla., codified in ch. 320, F.S.
2 “Manufacturer” means any person, whether a resident or nonresident of this state, who manufactures or assembles motor

vehicles or who manufactures or installs on previously assembled truck chassis special bodies or equipment which, when
installed, form an integral part of the motor vehicle and which constitute a major manufacturing alteration. The term includes
a central or principal sales corporation or other entity through which, by contractual agreement or otherwise, it distributes its
products. S. 320.60(11), F.S.
3 “Distributor” means a person, resident or nonresident, who, in whole or in part, sells or distributes motor vehicles to motor

vehicle dealers or who maintains distributor representatives. S. 320.60(5), F.S.
4 “Importer” means any person who imports vehicles from a foreign country into the United States or into this state for the

purpose of sale or lease. S. 320.60(7), F.S.
5 S. 320.011, F.S.; ss. 320.60-320.70, F.S.
6 “Motor vehicle dealer” means any person, firm, company, corporation, or other entity, who holds a license pursuant to

s. 320.27, F.S. as a “franchised motor vehicle dealer” and, for commission, money, or other things of value, repairs or services
motor vehicles or used motor vehicles pursuant to a franchise agreement; sells, exchanges, buys, leases or rents, or offers, or
attempts to negotiate a sale or exchange of any interest in, motor vehicles; or is engaged wholly or in part in the business of
selling motor vehicles, whether or not such motor vehicles are owned by such person, firm, company, or corporation. Further,
any person who repairs or services three or more motor vehicles or used motor vehicles; buys, sells, or deals in three or more
motor vehicles in any 12-month period; or offers or displays for sale three or more motor vehicles in any 12-month period is
presumed to be a motor vehicle dealer, with exceptions. S. 320.60(13), F.S.
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buying, selling, or dealing in motor vehicles pursuant to a franchise agreement. 7 An independent motor vehicle
dealer is any person or business other than a franchised or wholesale motor vehicle dealer8 who engages in the
business of buying, selling, or dealing in motor vehicles, and who may service and repair motor vehicles.9

Currently, no person or entity may engage in business as a motor vehicle dealer without first obtaining a motor
vehicle dealer license. Generally, only dealers may advertise vehicles belonging to others, unless the sale arises
from a bona fide legal proceeding, court order, estate settlement, or operation of law. However, a vehicle owner
may advertise and sell vehicles titled in their own name without a license.10

Restrictions on Owning or Operating Dealerships
The Act prohibits licensees, manufacturers, distributors, agents of a manufacturer or distributor, or any parent,
subsidiary, common entity,11 officer, or representative of a licensee from owning or operating a dealership in
Florida for the sale or service of a line-make of motor vehicles that are already offered for sale under a franchise
agreement with a dealer in this state.12 However, if a manufacturer has no franchised dealers in the state for a line-
make, they may be allowed to sell directly to consumers.

Other instances in which a manufacturer or distributor may own or operate a dealership include when the
licensee:
 Operates a dealership temporarily, not to exceed one year, during the transition between owners.
 Temporarily operates a dealership to broaden diversity within its dealer body or provide opportunities to
qualified persons who lack the resources to purchase the dealership outright, in a bona fide relationship
with an independent person13 who has made a significant investment and is reasonable expected to acquire
full ownership.
 Operates a dealership when DHSMV, after a hearing, determines that no independent person is available in
the community or territory to own and operate the dealership in a manner consistent with the public
interest.
In all such cases, the dealership must be continually offered for sale to independent persons at a fair and
reasonable price, and approval of the sale of a proposed dealer may not be unreasonably withheld.14

Manufacturer, Factory Branch, Distributor, and Importer Licenses

7 “Franchise agreement” means a contract, franchise, new motor vehicle franchise, sales and service agreement, or dealer

agreement or any other terminology used to describe the contractual relationship between a manufacturer, factory branch,
distributor, or importer, and a motor vehicle dealer, pursuant to which the motor vehicle dealer is authorized to transact
business pertaining to motor vehicles of a particular line-make. “Line-make vehicles” are those motor vehicles which are
offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the manufacturer of
same. However, motor vehicles sold or leased under multiple brand names or marks shall constitute a single line-make when
they are included in a single franchise agreement and every motor vehicle dealer in this state authorized to sell or lease any
such vehicles has been offered the right to sell or lease all of the multiple brand names or marks covered by the single
franchise agreement. S. 320.60(1) and (14), F.S.
8 “Wholesale motor vehicle dealer” means any person who engages exclusively in the business of buying, selling, or dealing in

motor vehicles at wholesale or with motor vehicle auctions. S. 320.27(c), F.S.
9 S. 320.27(c), F.S.
10 S. 320.27(2), F.S.
11 “Common entity” means a person or business who is directly or indirectly controlled by, or has more than 30 percent of its

equity interest directly or indirectly owned by, a manufacturer, importer, distributor, or licensee, or an affiliate thereof; or
who has more than 30 percent of its equity interest directly or indirectly controlled or owned by one or more persons who
also directly or indirectly control or own more than 30 percent of the equity interests of a manufacturer, an importer, a
distributor, or a licensee, or an affiliate thereof. S. 320.60(2)(a), F.S.
12 S. 320.645(1), F.S.
13 “Independent person” means a person who is not an agent; a parent; a subsidiary; a common entity; an officer; a director; or

an employed representative of a licensee, a manufacturer, an importer, or a distributor. S. 320.60(8), F.S.
14 S. 320.645(1), F.S.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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PCS for HB 989
Under the Act, motor vehicle manufacturers, factory branches, distributors, and importers must be licensed before
engaging in business in the state. No motor vehicle may be sold, 15 leased, or offered for sale or lease in this state
unless the manufacturer, importer, or distributor of such motor vehicle is licensed under s. 320.61, F.S.16

Denying, Revoking, or Suspending a License
A motor vehicle manufacturer, distributor, or importer license may be denied, suspended, or revoked, for a specific
location or statewide, if there is sufficient evidence of repeated violations of ch. 320, F.S., demonstrating a pattern
of misconduct.17 Current law identifies a substantial, enumerated list of conduct in which licensees are prohibited
from engaging. Grounds for denying, suspending, or revoking a license generally arise from the licensee’s dealings
with its franchised motor vehicle dealers.18

Succession of a Motor Vehicle Dealership
Current law prohibits a licensee from preventing or refusing to accept the succession of a motor vehicle dealership
franchise to a dealer’s legal heir or devisee, notwithstanding the terms of any franchise agreement. A licensee may
reject a proposed successor only if:19
 The heir or devisee fails to meet the licensee’s written, reasonable, and uniformly applied minimum
qualifications for dealer applicants; or
 Following notice and an administrative hearing, the succession is shown to be detrimental to the public
interest or the licensee’s representation.

Termination, Cancellation, or Nonrenewal of a Franchise Agreement
Current law requires licensees to repurchase certain property from a dealer following the voluntary or involuntary
termination, cancellation or nonrenewal of a franchise agreement. Property subject to repurchase includes new
vehicles with limited mileage, new and resalable parts and accessories purchased directly from the licensee,
undamaged signs bearing the licensee’s trademark, and special tools, automotive service equipment, and data
processing equipment recommended or supplied by the licensee. 20 Specifically, the licensee must pay the dealer
the net cost paid by the dealer for each new car or truck in the dealer’s inventory with mileage of 2,000 miles or
less, or a motor cycle with mileage of 100 miles or less, not counting mileage placed on the vehicle before it was
delivered to the dealer.21 Licensees are also responsible for reasonable costs associated with transporting,
handling, packing, storing, and loading the property.

If the termination, cancellation or nonrenewal results from a plan, scheme, or corporate action intended to reduce
the number of franchised dealers, or from bankruptcy or cessation of a line-make, the licensee must additionally
compensate the dealer for the fair market value of the franchise, reflecting the goodwill of the dealership within its
community or territory. Compensation is generally due upon tender of the property, with clear procedures for

15 “Sell” or “sold” includes accepting a deposit or receiving a payment for the retail purchase, lease, or other use of a motor

vehicle; accepting a reservation from a retail consumer for a specific motor vehicle identified by a vehicle identification
number or other product identifier; setting the retail price for the purchase, lease, or other use of a motor vehicle, but does not
include setting a manufacturer's suggested retail price; offering or negotiating with a retail consumer terms for the purchase,
lease, or other use of a motor vehicle; offering or negotiating with a retail consumer a value for a motor vehicle being traded in
as part of the purchase, lease, or other use of a motor vehicle, but does not include a website or other means of electronic
communication that identifies to a consumer a conditional trade-in value and that contains language informing the consumer
that the trade-in value is not binding on any motor vehicle dealer; any transaction where the title of a motor vehicle or a used
motor vehicle is transferred to a retail consumer; or any retail lease transaction where a retail consumer leases a vehicle for a
period of at least 12 months, but does not include administering lease agreements, taking assignments of leases, performing
required actions pursuant to such leases, or receiving payments under a lease agreement that was originated by a motor
vehicle dealer. S. 320.60(16), F.S.
16 S. 320.61, F.S.
17 S. 320.64, F.S.
18 Id.
19 S. 320.64(16), F.S.
20 S. 320.64(36), F.S.
21 S. 320.64(36)(a)1, F.S.

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PCS for HB 989
returning inventory and other items. Certain transactions, including the sale of the dealer’s assets or ownership
interests, are exempt from these repurchase requirements.

Transfer, Assignment, or Sale of Franchise Agreements
Under current law, a motor vehicle dealer may sell, assign, transfer, or otherwise dispose of a franchise agreement
to another person, including a corporation established to hold the franchise. A licensee may only refuse or penalize
such a transfer if:22
 The proposed transferee, or the transferee’s controlling executive management, is not of good moral
character; or
 The transferee does not meet the licensee’s written, reasonable, and uniformly applied qualifications
regarding financial capacity and business experience.

A dealer seeking to transfer a franchise must provide written notice to the licensee, including the transferee’s
name, address, financial qualifications, and recent business experience. Subsequently, the licensee has 60 days to
object in writing and specify the material reasons for rejecting the transferee. If the licensee does not respond
within 60 days, the transfer is considered approved.23 Further, any transfer is valid only if the transferee agrees in
writing to comply with all existing franchise requirements, with ownership changed to the transferee.24

Industry Background
Historically, Florida’s motor vehicle industry has been one of the largest in the country, driven by sustained
population growth, high vehicle demand, and a dense network of franchised dealerships across the state. In 2024,
Florida’s dealership network was credited with creating over 186,400 jobs and contributing over $115 billion to
the state economy.25 As of June 2025, Florida’s annual new motor vehicle sales ranked third overall in the United
States, totaling almost $60 million in sales in the first half of the year.26 Florida also had the third most motor
vehicle dealers in the nation, with 943 dealers.27

However, the motor vehicle retail market is increasingly dominated by large dealer groups. Ongoing consolidation
through mergers, acquisitions, and multi-brand ownership has concentrated market share among fewer corporate
entities, many of which operate countless dealerships across the state or nationwide. For example, AutoNation, one
of the largest motor vehicle retailers in the U.S., operates 51 of its 267 nationwide retail locations in Florida, where
it sells 31 different motor vehicles brands, including domestic, import, and premium luxury lines.28

22 S. 320.643(1)(a), F.S.
23 Id.
24 Id.
25 Florida Automobile Dealers Association, Driving Florida’s Economy, Annual Contribution of Florida’s New-Car Dealers,

available at https://www.flada.org/about-fada/economic-impact/ (last visited Jan. 31, 2026).
26 National Automobile Dealers Association, NADA Data 2025: Midyear Report, at 5, available at

https://www.nada.org/media/4694/download?inline (last visited Jan. 31, 2026).
27 Id. at 3.
28 See AutoNation, 2024 Annual Report, https://s21.q4cdn.com/504511082/files/doc_financials/2024/ar/AutoNation-2025-

Annual-Report.pdf (last visited Jan. 31, 2026).
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RECENT LEGISLATION:

YEAR BILL #/SUBJECT HOUSE/SENATE OTHER INFORMATION
SPONSOR(S)
2025 CS/CS/HB 429 - Motor Vehicle Yeager/ Leek The bill became effective July
Manufacturers and Franchised Motor Vehicle 1, 2025.
Dealers
2023 CS/CS/HB 637 - Motor Vehicle Dealers, Shoaf/ Avila The bill became effective July
Manufacturers, Importers, and Distributors 1, 2023.

BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Bunnell
Professional Activities
Subcommittee

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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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 989 2026

1 A bill to be entitled
2 An act relating to motor vehicle manufacturers,
3 importers, distributors, and franchised motor vehicle
4 dealers; amending s. 320.64, F.S.; amending subsection
5 (16) to clarify when a licensee may reject the
6 ownership succession of a motor vehicle dealer;
7 amending (36)(a) to clarify what motor vehicles a
8 licensee must repurchase from a motor vehicle dealer
9 upon termination of a franchise agreement; adding
10 subsection (44) to provide that a licensee that
11 distributes more than 1,000 motor vehicles of a
12 particular line make to dealers in the state within
13 any 12-month period must have established a network of
14 at least three independent motor vehicle dealers in
15 the state; amending s. 320.643; amending
16 subsections(1) and (2) to clarify when a licensee may
17 reject a proposed change in ownership; providing an
18 effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Subsections (16) and (36) of section 320.64,
23 Florida Statutes, is amended to read, and subsection (44) is
24 added to that section to read:
25 320.64 Denial, suspension, or revocation of license;
26 grounds.—A license of a licensee under s. 320.61 may be denied,

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27 suspended, or revoked within the entire state or at any specific
28 location or locations within the state at which the applicant or
29 licensee engages or proposes to engage in business, upon proof
30 that the section was violated with sufficient frequency to
31 establish a pattern of wrongdoing, and a licensee or applicant
32 shall be liable for claims and remedies provided in ss. 320.695
33 and 320.697 for any violation of any of the following
34 provisions. A licensee is prohibited from committing the
35 following acts:
36 (16) Notwithstanding the terms of any franchise agreement,
37 the applicant or licensee prevents or refuses to accept the
38 succession to any interest in a franchise agreement by any legal
39 heir or devisee under the will of a motor vehicle dealer or
40 under the laws of descent and distribution of this state;
41 provided, the applicant or licensee is not required to accept a
42 succession: (i) where such heir or devisee does not meet
43 licensee's written, reasonable, and uniformly applied minimal
44 standard qualifications for dealer applicants; (ii) or which,
45 after notice and administrative hearing pursuant to chapter 120,
46 is demonstrated to be detrimental to the public interest or to
47 the representation of the applicant or licensee; or (iii) where
48 the direct result of such succession will cause the applicant or
49 licensee to be in violation of subsection (44). Nothing
50 contained herein, however, shall prevent a motor vehicle dealer,
51 during his or her lifetime, from designating any person as his
52 or her successor in interest by written instrument filed with

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53 and accepted by the applicant or licensee. A licensee who
54 rejects the successor transferee under this subsection shall
55 have the burden of establishing in any proceeding where such
56 rejection is in issue that the rejection of the successor
57 transferee complies with this subsection.
58 (36)(a) Notwithstanding the terms of any franchise
59 agreement, in addition to any other statutory or contractual
60 rights of recovery after the voluntary or involuntary
61 termination, cancellation, or nonrenewal of a franchise, failing
62 to pay the motor vehicle dealer, as provided in paragraph (d),
63 the following amounts:
64 1. The net cost paid by the dealer for each new motor
65 vehicle other than motorcycles car or truck in the dealer's
66 inventory with mileage of 2,000 miles or less, or a each new
67 motorcycle in the dealer's inventory with mileage of 100 miles
68 or less, exclusive of mileage placed on the motor vehicle before
69 it was delivered to the dealer.
70 2. The current price charged for each new, unused,
71 undamaged, or unsold part or accessory that:
72 a. Is in the current parts catalog and is still in the
73 original, resalable merchandising package and in an unbroken
74 lot, except that sheet metal may be in a comparable substitute
75 for the original package; and
76 b. Was purchased by the dealer directly from the
77 manufacturer or distributor or from an outgoing authorized
78 dealer as a part of the dealer's initial inventory.

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79 3. The fair market value of each undamaged sign owned by
80 the dealer which bears a trademark or trade name used or claimed
81 by the applicant or licensee or its representative which was
82 purchased from or at the request of the applicant or licensee or
83 its representative.
84 4. The fair market value of all special tools, data
85 processing equipment, and automotive service equipment owned by
86 the dealer which:
87 a. Were recommended in writing by the applicant or
88 licensee or its representative and designated as special tools
89 and equipment;
90 b. Were purchased from or at the request of the applicant
91 or licensee or its representative; and
92 c. Are in usable and good condition except for reasonable
93 wear and tear.
94 5. The cost of transporting, handling, packing, storing,
95 and loading any property subject to repurchase under this
96 section.
97 (44)(a) The applicant or licensee has directly or
98 indirectly distributed 1,000 or more motor vehicles of a
99 particular line-make to motor vehicle dealers in the state
100 during any 12-month period, and has directly or indirectly
101 distributed more than 33.33 percent of those same line-make
102 motor vehicles during that 12-month period to one motor vehicle
103 dealer or to multiple motor vehicle dealers that share common
104 ownership or control. For purposes of this subsection, a motor

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105 vehicle dealer shares common ownership or control with another
106 motor vehicle dealer if:
107 1. It is directly or indirectly controlled by or has more
108 than 30 percent of its equity interest directly or indirectly
109 owned by another motor vehicle dealer; or
110 2. It has more than 30 percent of its equity interest
111 directly or indirectly controlled or owned by one or more
112 persons who also directly or indirectly control or own more than
113 30 percent of the equity interests of another motor vehicle
114 dealer.
115 (b) This subsection shall not apply to any line-make of
116 motor vehicle for which there exists a licensed franchised
117 dealer in the state as of January 1, 2026, or to an applicant or
118 licensee that is not prohibited by s. 320.645 from owning or
119 operating a motor vehicle dealer.
120 A motor vehicle dealer who can demonstrate that a violation of,
121 or failure to comply with, any of the preceding provisions by an
122 applicant or licensee will or may adversely and pecuniarily
123 affect the complaining dealer, shall be entitled to pursue all
124 of the remedies, procedures, and rights of recovery available
125 under ss. 320.695 and 320.697.
126 Section 2. Subsections (1) and (2) of section 320.643,
127 Florida Statutes, are amended to read:
128 320.643 Transfer, assignment, or sale of franchise
129 agreements.—
130 (1)(a) Notwithstanding the terms of any franchise

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131 agreement, a licensee shall not, by contract or otherwise, fail
132 or refuse to give effect to, prevent, prohibit, or penalize or
133 attempt to refuse to give effect to, prohibit, or penalize any
134 motor vehicle dealer from selling, assigning, transferring,
135 alienating, or otherwise disposing of its franchise agreement to
136 any other person or persons, including a corporation established
137 or existing for the purpose of owning or holding a franchise
138 agreement, unless the licensee proves at a hearing pursuant to a
139 complaint filed by a motor vehicle dealer under this section
140 that the sale, transfer, alienation, or other disposition: (i)
141 is to a person who is not, or whose controlling executive
142 management is not, of good moral character; or (ii) is to a
143 person who does not meet the written, reasonable, and uniformly
144 applied standards or qualifications of the licensee relating to
145 financial qualifications of the transferee and business
146 experience of the transferee or the transferee's executive
147 management; or (iii) would directly cause the licensee to be in
148 violation of s. 320.64(44). A motor vehicle dealer who desires
149 to sell, assign, transfer, alienate, or otherwise dispose of a
150 franchise shall notify, or cause the proposed transferee to
151 notify, the licensee, in writing, setting forth the prospective
152 transferee's name, address, financial qualifications, and
153 business experience during the previous 5 years. A licensee who
154 receives such notice may, within 60 days following such receipt,
155 notify the motor vehicle dealer, in writing, that the proposed
156 transferee is not a person qualified to be a transferee under

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157 this section and setting forth the material reasons for such
158 rejection. Failure of the licensee to notify the motor vehicle
159 dealer within the 60-day period of such rejection shall be
160 deemed an approval of the transfer. No such transfer,
161 assignment, or sale shall be valid unless the transferee agrees
162 in writing to comply with all requirements of the franchise then
163 in effect, but with the ownership changed to the transferee.
164 (b) A motor vehicle dealer whose proposed sale is rejected
165 may, within 60 days following such receipt of such rejection,
166 file with the department a complaint for a determination that
167 the proposed transferee has been rejected in violation of this
168 section. The licensee has the burden of proof with respect to
169 all issues raised by the complaint. The department shall
170 determine, and enter an order providing, that the proposed
171 transferee is either qualified or is not and cannot be qualified
172 for specified reasons, or the order may provide the conditions
173 under which a proposed transferee would be qualified. If the
174 licensee fails to file such a response to the motor vehicle
175 dealer's complaint within 30 days after receipt of the
176 complaint, unless the parties agree in writing to an extension,
177 or if the department, after a hearing, renders a decision other
178 than one disqualifying the proposed transferee, the franchise
179 agreement between the motor vehicle dealer and the licensee is
180 deemed amended to incorporate such transfer or amended in
181 accordance with the determination and order rendered, effective
182 upon compliance by the proposed transferee with any conditions

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PCS for HB 989 2026

183 set forth in the determination or order.
184 (2)(a) Notwithstanding the terms of any franchise
185 agreement, a licensee shall not, by contract or otherwise, fail
186 or refuse to give effect to, prevent, prohibit, or penalize, or
187 attempt to refuse to give effect to, prevent, prohibit, or
188 penalize, any motor vehicle dealer or any proprietor, partner,
189 stockholder, owner, or other person who holds or otherwise owns
190 an interest therein from selling, assigning, transferring,
191 alienating, or otherwise disposing of, in whole or in part, the
192 equity interest of any of them in such motor vehicle dealer to
193 any other person or persons, including a corporation established
194 or existing for the purpose of owning or holding the stock or
195 ownership interests of other entities, unless the licensee
196 proves at a hearing pursuant to a complaint filed by a motor
197 vehicle dealer under this section that the sale, transfer,
198 alienation, or other disposition: (i) is to a person who is not,
199 or whose controlling executive management is not, of good moral
200 character; or (ii) would directly cause the licensee to be in
201 violation of s. 320.64(44). A motor vehicle dealer, or any
202 proprietor, partner, stockholder, owner, or other person who
203 holds or otherwise owns an interest in the motor vehicle dealer,
204 who desires to sell, assign, transfer, alienate, or otherwise
205 dispose of any interest in such motor vehicle dealer shall
206 notify, or cause the proposed transferee to so notify, the
207 licensee, in writing, of the identity and address of the
208 proposed transferee. A licensee who receives such notice may,

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209 within 60 days following such receipt, notify the motor vehicle
210 dealer in writing that the proposed transferee is not a person
211 qualified to be a transferee under this section and setting
212 forth the material reasons for such rejection. Failure of the
213 licensee to notify the motor vehicle dealer within the 60-day
214 period of such rejection shall be deemed an approval of the
215 transfer. Any person whose proposed sale of stock is rejected
216 may file within 60 days of receipt of such rejection a complaint
217 with the department alleging that the rejection was in violation
218 of the law or the franchise agreement. The licensee has the
219 burden of proof with respect to all issues raised by such
220 complaint. The department shall determine, and enter an order
221 providing, that the proposed transferee either is qualified or
222 is not and cannot be qualified for specified reasons; or the
223 order may provide the conditions under which a proposed
224 transferee would be qualified. If the licensee fails to file a
225 response to the motor vehicle dealer's complaint within 30 days
226 of receipt of the complaint, unless the parties agree in writing
227 to an extension, or if the department, after a hearing, renders
228 a decision on the complaint other than one disqualifying the
229 proposed transferee, the transfer shall be deemed approved in
230 accordance with the determination and order rendered, effective
231 upon compliance by the proposed transferee with any conditions
232 set forth in the determination or order.
233 (b) Notwithstanding paragraph (a), a licensee may not
234 reject a proposed transfer of a legal, equitable, or beneficial

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235 interest in a motor vehicle dealer to a trust or other entity,
236 or to any beneficiary thereof, which is established by an owner
237 of any interest in a motor vehicle dealer for purposes of estate
238 planning, if the controlling person of the trust or entity, or
239 the beneficiary, is of good moral character.
240
241 Section 3. This act shall take effect July 1, 2026.

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PCS for HB 1521
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: PCS for HB 1521 COMPANION BILL: None
TITLE: Domestic Animals LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: SB 1004 (Gaetz)
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities

SUMMARY
Effect of the Bill:
The bill requires the Department of Agriculture and Consumer Services (DACS) to develop and publish on its
website a list of voluntary best management practices for dog breeders, recommending the minimum standards of
care for the breeding, feeding, housing, health, enrichment, recordkeeping, selling, financing, and transferring of
dogs in the state. The bill creates the Dog Awareness and Welfare Guidelines (DAWG) Breeder Program to
recognize breeders who voluntarily adopt and implement the best management practices for dog breeders.

The bill modifies provisions governing the sale of cats and dogs in the state. Specifically, the bill imposes additional
requirements on pet dealers; extends certain notification timeframes related to the sale of an ill or unfit animal; and
clarifies jurisdiction and remedies for disputes over the sale of an animal.

The bill also requires DACS to maintain on its website information relating to animal cruelty and abuse, and
instructions on how to report suspected abuse to the appropriate local authority.

Fiscal or Economic Impact:
None.

JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY

ANALYSIS
EFFECT OF THE BILL:
Best Management Practices for Dog Breeders
The bill directs the Department of Agriculture and Consumer Services (DACS) to develop and publish on its website
a list of voluntary best management practices for dog breeders. These practices are intended to recommend
minimum standards of care related to animal care, facility operations, and breeding practices in the state. However,
the bill does not require dog breeders to adopt or comply with the recommended best management practices.
(Section 1)

Specifically, DACS must develop best management practices addressing the following areas:
 Breeding;
 Feeding;
 Housing;
 Health;
 Enrichment;
 Selling and transferring; and
 Record keeping. (Section 1)

STORAGE NAME: PCS1521.IPA
DATE: 2/3/2026
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In addition to the recommended best management practices for dog breeders, the bill requires DACS to develop
and publish information for the public on how to identify whether a breeder is adhering to the recommended
practices, including a checklist for consumers to use when purchasing a dog. (Section 1)

Dog Awareness and Welfare Guidelines (DAWG) Breeder Program
The bill creates the Dog Awareness and Welfare Guidelines (DAWG) Breeder Program to recognize dog breeders
who voluntarily adopt and implement the best management practices for breeders. The DAWG Breeder Program is
administered by DACS. (Section 2)

A dog breeder who voluntarily adopts the best management practices and seeks certification as a DAWG Breeder
must:
 Submit an application;
 Voluntarily submit to an inspection by DACS or its designee; and
 Pay the actual cost of such inspection. (Section 2)

To conduct the qualifying inspection, DACS may contract with and designate local law enforcement or animal
services, or any other public or private entity that regularly conducts animal welfare investigations. Private service
providers may include veterinarians who have been licensed for at least ten years and who currently have a
Florida license in good standing. If sufficient resources are not available, an applicant to the DAWG Breeder
Program may either wait until such resources become available or contract with a private service provider
designated and approved by DACS. (Section 2)

Upon inspection, if DACS determines that the dog breeder has voluntarily adopted and implemented the best
management practices for dog breeding, the department shall issue the breeder a DAWG Breeder Certificate. Once
certified, a DAWG Breeder may identify themselves as such in their professional practice, including in marketing
and advertising materials. (Section 2)

A DAWG Breeder Certificate is valid for two years. However, DACS may suspend or revoke a DAWG Breeder’s
certification if the department determines that the breeder has failed to maintain the best management practices.
(Section 2)

Consumer Protections
The bill revises ch. 828.29, F.S., governing the sale of cats and dogs to strengthen consumer protections and
promote animal welfare throughout the state. Specifically, the bill:
 Extends the return or exchange period for an ill or unfit animal from 14 days to 30 days.
 Extends the timeframe within which a consumer must notify the pet dealer and provide documentation
that an animal is unfit following such diagnosis, from two business days to seven days.
 Clarifies that a consumer may seek reimbursement from a pet dealer for emergency medical services and
treatment provided to alleviate the suffering of an ill or unfit animal.
 Expressly prohibits a consumer from returning or exchanging, or otherwise seeking reimbursements, for
an animal with a congenital or hereditary disorder, based solely on such disorder, if the pet dealer notified
the consumer that the animal had such disorder at the time of the sale.
 Clarifies that jurisdiction over disputes regarding the return of an ill or unfit animal includes the county
court or the small claims court division in the county where the consumer resides.
 Authorizes the consumer to recover up to $2,500 in punitive damages in a dispute involving the return of
an ill or unfit animal. (Section 3)

The bill also imposes additional requirements on pet dealers, including that the pet dealer must:
 Disclose all financial terms to the consumer before the sale of an animal.
 Ensure that any pet financing arrangement is terminated without penalty to the consumer when an animal
is determined to be unfit for purchase due to illness or disease.
 Retain copies of all records given to the consumer for a minimum of three years. (Section 3)
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The bill revises the technical and substantive requirements for the notice that every pet dealer must provide to a
consumer at the time of the sale. The notice must:
 Be separate from the sales contract.
 Be printed, in 14-point bold font.
 Be signed by the consumer.
 Specifically inform the consumer of their rights to return the animal, exchange the animal, and receive
reimbursement for certain veterinary expenses under certain circumstances.
Further, the pet dealer must retain a signed copy of the notice and give the consumer a copy. (Section 3)

The bill amends the definition of “pet dealer” as used in s. 828.29, F.S., to exclude not-for-profit entities that offer
animals for sale or adoption for a fee that not exceeding $500, inclusive of all taxes, fees, and other costs. (Section
3)

The bill requires DACS to maintain information on its website relating to animal cruelty and abuse, including
instructions for reporting suspected abuse to the appropriate local authority. Such information must include a
description of conduct that constitutes animal cruelty, the penalties for such conduct, and contact information for
at least one appropriate authority in each county in the state. (Section 1)

RULEMAKING:
Currently, the Department of Agriculture and Consumer Services has the authority to adopt rules as necessary for
the execution of its powers and duties.1 The bill specifies that such authority extends as necessary to create and
implement the Dog Awareness and Welfare Guidelines Breeder Program.

RELEVANT INFORMATION
SUBJECT OVERVIEW:
Sale of Domestic Animals
The Florida Department of Agriculture and Consumer Services (DACS) has broad authority to protect consumers
and businesses from unfair and unsafe business practices across various market sectors. Additionally, through its
Division of Animal Industry, DACS has the authority to regulate and manage the health of domestic animals
throughout the state.2

Florida does not currently regulate the breeding of domestic animals.3 However, s. 828.29, F.S., provides
restrictions on the sale of cats and dogs within the state, including requirements related to the animals being sold,
the actions of the seller, and the conditions under which sales may occur.

A “pet dealer” is any person, firm, partnership, corporation, or other association that, in the ordinary course of
business, sells more than two litters or 20 dogs or cats per year, whichever is greater, to the public. This includes
breeders who sell animals directly to consumers.4

1 S. 570.07, F.S.
2 See Florida Department of Agriculture and Consumer Services, Division of Consumer Services,

https://www.fdacs.gov/Divisions-Offices/Consumer-Services (last visited Feb. 1, 2026); and Florida Department of
Agriculture and Consumer Services, Animal Industry, https://www.fdacs.gov/Divisions-Offices/Animal-Industry (last visited
Feb. 1, 2026).
3 “Domestic animal” includes any equine or bovine animal, goat, sheep, swine, domestic cat, dog, poultry, ostrich, emu, rhea, or

other domesticated beast or bird. S. 585.01(11), F.S.
4 S. 828.29(13), F.S.

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In Florida, all cats and dogs sold, offered for sale, or transported into the state must be at least 8 weeks of age.5

Required Medical Treatment and Documentation
Currently, all dogs and cats sold or transported into the state are required to receive tests, vaccines, and
antiparasitic treatments under the supervision of a licensed veterinarian at least 14-30 days prior to the animal
entering the state.6 Animals offered for sale within the state must also be treated before sale, unless a veterinarian
certifies that such treatment would not be in the animal’s best medical interest.7 All dogs and cats sold, or offered
for sale, within the state must be accompanied by a current official certificate of veterinary inspection8 at all times,
detailing all medical treatment that the animal has received. The examining veterinarian must retain a copy of the
official certificate of veterinary inspection for at least one year. The seller must provide a copy of the certificate to
the buyer, and retain a copy for at least one year following the sale of the animal.9

Required Notice
Every pet dealer who sells an animal to a consumer must provide the consumer with a written notice at the time of
sale. The notice must read as follows:10

It is the consumer's right, pursuant to section 828.29, Florida Statutes, to receive a certificate of
veterinary inspection with each dog or cat purchased from a pet dealer. Such certificate shall list all
vaccines and deworming medications administered to the animal and shall state that the animal has
been examined by a Florida-licensed veterinarian who certifies that, to the best of the veterinarian's
knowledge, the animal was found to have been healthy at the time of the veterinary examination. In
the event that the consumer purchases the animal and finds it to have been unfit for purchase as
provided in section 828.29(5), Florida Statutes, the consumer must notify the pet dealer within 2
business days of the veterinarian's determination that the animal was unfit. The consumer has the
right to retain, return, or exchange the animal and receive reimbursement for certain related
veterinary services rendered to the animal, subject to the right of the dealer to have the animal
examined by another veterinarian.

Consumer Protections
Under Florida’s Lemon Pet law, consumers who purchase dogs or cats from pet dealers are entitled to specified
remedies if the animal is later determined to be unfit for purchase. An animal may be deemed unfit for purchase
after sale if:11
 Within 14 days of sale, a veterinarian certifies that the animal was ill, showing signs of contagious or
infectious disease, or had internal or external parasites, excluding fleas or ticks.
 Within 1 year of the sale, a veterinarian certifies that the animal has a congenital or hereditary disorder
adversely affecting the health of the animal.
 Within 1 year of the sale, the consumer discovers that the pet dealer misrepresented the breed, sex, or
health of the animal.

5 S. 828.29(4), F.S.
6 S. 828.29(1)(a) and (2)(a), F.S.
7 S. 828.29(1)(b) and (2)(b), F.S.
8 An official certificate of veterinary inspection is a document signed by a veterinarian licensed in the state of origin and

accredited by the U.S. Department of Agriculture. It must include the animal’s age, sex, breed, color, and health record; the
names and addresses of the seller and purchaser; and the examining veterinarian’s name and license number. It must also list
all vaccines and deworming treatments administered with specificity. The examining veterinarian must certify that, to the best
of their knowledge, the animal shows no signs of contagious or infectious disease and no evidence of internal or external
parasites, excluding fleas and ticks. S. 828.29(3)(b), F.S.
9 S. 828.29(3), F.S.
10 S. 828.29(12), F.S.
11 S. 828.29(5), F.S.

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However, an animal may not be deemed unfit for sale based on an injury or illness that occurs after the consumer
takes possession of the animal. Further, the presence of intestinal parasites alone does not render an animal unfit,
unless the animal is clinically ill as a result of the condition.12

Right to Refund or Exchange of Animal
If a dog or cat sold by a pet dealer is determined to be unfit for purchase, the consumer may choose to:
 Return the animal for a refund, including sales tax and reasonable13 veterinary costs;14
 Return the animal for an exchange of equivalent value and receive reimbursement of reasonable veterinary
costs;15 or
 Keep the animal and receive reimbursement for reasonable veterinary costs related to treatment or
attempts to cure the animal.16
However, reimbursement for veterinary costs may not exceed the purchase price the consumer paid for the
animal.17

Congenital or Hereditary Disorders
At the time of purchase, a consumer may sign a waiver relinquishing the right to return a dog or car due to a
congenital or hereditary disorder. If such waiver is signed, the consumer has 48 normal business hours, excluding
weekends and holidays, to have the animal examined by a licensed veterinarian of the consumer’s choosing. If the
veterinarian certifies that, at the time of sale, the dog or cat was unfit for purchase due to congenital or hereditary
disorder, the pet dealer must allow the consumer to either:18
 Return the animal and receive a refund of the purchase price, including sales tax, but not including
veterinary costs; or
 Return the animal and receive an exchange of the consumer’s choice of equivalent value, with no
reimbursement for veterinary costs.

However, if the pet dealer notified the consumer in writing at the time of the sale that the animal had a specific
congenital or hereditary disorder, the consumer has no right to any refund or exchange for those disorders.19

Refund or Exchange Timeline and Notice Requirements
Upon receiving a veterinarian’s determination that an animal is unfit for purchase, the consumer must notify the
pet dealer within two business days. The written certification of unfitness must be submitted to the pet dealer no
more than three business days after the consumer receives it.20

If a consumer that is entitled to return or exchange the animal elects to exercise that right, the pet dealer must
provide the refund or exchange within 10 business days after receiving the signed veterinary certification.21

Challenged Refund or Exchange
If a pet dealer wishes to contest a consumer’s demand for veterinary expenses, a refund, or an exchange, the dealer
may require the consumer to produce the animal for examination by a licensed veterinarian of the pet dealer’s
choice. However, if the consumer and the pet dealer are unable to reach an agreement within ten business days

12 S. 828.29(9), F.S.
13 The cost of veterinary treatment is considered reasonable if it is comparable to the cost charged by other nearby licensed

veterinarians for the same services. S. 828.29(5), F.S.
14 S. 828.29(5)(a), F.S.
15 S. 828.29(5)(b), F.S.
16 S. 828.29(5)(c), F.S.
17 S. 828.29(5), F.S.
18 S. 828.29(6), F.S.
19 S. 828.29(7), F.S.
20 S. 828.29(8), F.S.
21 Id.

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PCS for HB 1521
after the dealer’s receipt of the animal for examination, the consumer may initiate an action in a court of competent
jurisdiction to recover or obtain reimbursement of veterinary expenses, a refund, or an exchange. 22

Dog Breeding
Dog breeding refers to the practice of mating selected dogs with the intention of producing puppies that possess
particular genetic traits and characteristics. Currently, Florida does not regulate dog breeding, leaving oversight of
breeder practices largely unmonitored. However, many other states have established various regulatory
frameworks to protect animal welfare, including implementing breeder licensing requirements, mandatory
standards for housing and care, and periodic inspections to ensure compliance with animal welfare laws.23

Beyond regulatory oversight, programs recognizing breeder excellence are becoming increasingly common. These
programs reward breeders who adhere to high standards of animal care, health, and ethical breeding practices. For
example, in 2013, Purdue University’s College of Veterinary Medicine created the Canine Care Certified Standards.
This voluntary, nationwide program provides science-based, peer-reviewed guidelines for breeders to ensure the
physical and behavioral health of dogs in the care of breeders. The Canine Care Certified program emphasizes five
key pillars of care: physical health, behavioral health, environment, breeding life and retirement, and caretaker
expectations. Today, 208 breeders across the country are Canine Care Certified.24

Similarly, in 2020, Minnesota launched a statewide breeder excellence program to recognize commercial breeders
demonstrating outstanding practices in five categories: behavior and socialization, facility management, health
screening, illness specific testing, and continuing education.25

Animal Cruelty
In Florida, animal cruelty includes any act, omission, or neglect that causes unnecessary or unjustifiable pain or
suffering to any living animal.26 A person commits the offense of animal cruelty, a first degree misdemeanor,
punishable by up to one year in county jail, a fine of not more than $5,000, or both, if he or she:27
 Unnecessarily overloads, overdrives, torments, mutilates, or kills an animal;
 Deprives an animal of necessary sustenance or shelter;
 Causes any of the above to be done to an animal; or
 Carries an animal in or upon a vehicle, or otherwise, in a cruel or inhumane manner.

A person commits the offense of aggravated animal cruelty, a third degree felony, punishable by up to five years in
prison, a fine of not more than $10,000, or both, by intentionally committing an act on an animal, or failing to act if
the person owns and has custody and control of the animal, and such action or omission:28
 Results in the cruel death of the animal;
 The excessive or repeated infliction of unnecessary pain or suffering on the animal; or
 Causes the same to be done to the animal.

A person who is convicted of animal cruelty or aggravated animal cruelty may be prohibited from owning,
possessing, keeping, harboring, or having custody or control over any animal for a period of time as determined by
a court.29

22 S. 828.29(10), F.S.
23 See American Society for the Prevention of Cruelty to Animals, State Puppy Mill Chart,

https://www.aspca.org/sites/default/files/puppy-mill-chart.pdf (last visited Feb. 1, 2026).
24 Purdue University, College of Veterinary Medicine, Canine Care Certified, https://vet.purdue.edu/ccc/ (last visited Feb. 1,

2026).
25 Minnesota Board of Animal Health, Breeder Excellence Program, https://www.bah.state.mn.us/breeder-excellence (last

visited Feb. 1, 2026).
26 S. 828.02, F.S.
27 S. 828.12(1), F.S.
28 S. 828.12(2), F.S.
29 S. 828.12(6), F.S.

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BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Bunnell
Professional Activities
Subcommittee

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1 A bill to be entitled
2 An act relating to domestic animals; creating s.
3 828.291, F.S.; providing legislative findings and
4 intent; providing applicability; requiring the
5 Department of Agriculture and Consumer Services to
6 post a list of voluntary best management practices for
7 entities breeding dogs in this state; creating s.
8 828.2911, F.S.; creating the Dog Awareness and Welfare
9 Guidelines (DAWG) Breeding Program; providing for
10 voluntary participation; providing for an inspection
11 and fee; requiring the department to provide a
12 certificate upon completion of an inspecton; providing
13 a process to suspend or revoke a certification;
14 authorizing the department to adopt rules; amending s.
15 828.29, F.S.; requiring that if a pet sale is
16 terminated for certain reasons, the financing
17 agreement must be terminated without certain costs;
18 deleting a limit on veterinary costs under certain
19 provisions; requiring that all financial terms be
20 disclosed to the consumer before the sale of the
21 animal; deleting certain provisions relating to a
22 consumer's waiver relinquishing his or her rights to
23 return an animal; requiring a pet dealer to provide
24 copies of specified medical records to a consumer;
25 revising requirements for a required notice to a

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26 consumer; revising the text of the required notice;
27 requiring a pet dealer to retain a copy of a specified
28 notice for a specified period; providing construction;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
32
33 Section 1. Section 828.291, Florida Statutes, is created
34 to read:
35 828.291 Best management practices for dog breeding. —
36 (1) The purpose of this section is to allow voluntary
37 participation in best management practices for minimum standards
38 of care, facility operations, and breeding practices for
39 individuals or entities engaged in the breeding of dogs in order
40 to protect animal welfare, promote responsible breeding, and
41 ensure the health and safety of animals and consumers.
42 (2) This section may not be construed to prohibit a local
43 jurisdiction from implementing requirements for individuals or
44 entities engaged in the breeding of dogs.
45 (3) The Department of Agriculture and Consumer Services
46 shall develop a list of best management practices that
47 individuals or entities engaged in the breeding of dogs may
48 voluntarily adopt and implement. Such best management practices
49 must include minimum standards of care, facility operations, and
50 breeding practices for individuals or entities engaged in the

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51 breeding of dogs including, but not limited to, the following:
52 (a) Breeding.
53 (b) Feeding.
54 (c) Housing.
55 (d) Health.
56 (e) Enrichment.
57 (f) Selling and transferring, in accordance with s.
58 828.29.
59 (g) Recordkeeping, in accordance with s. 828.29.
60 (4) The Department of Agriculture and Consumer Services
61 shall post on its website guidance for the public about how to
62 identify the breeders that are following best breeder practices
63 and provide a checklist to use when purchasing a dog.
64 (5) The Department of Agriculture and Consumer Services
65 shall post on its website information regarding animal cruelty,
66 including a description of conduct constituting animal cruelty
67 under s. 828.12 and s. 828.13, the penalties for such conduct,
68 and instructions for reporting suspected animal cruelty or abuse
69 to the appropriate local authorities, including the contact
70 information for at least one appropriate authority for each
71 county in the state.
72 Section 2. Section 828.2911, Florida Statutes, is created
73 to read:
74 828.2911 Dog Awareness and Welfare Guidelines (DAWG)
75 Breeder Program. —

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76 (1) The Department of Agriculture and Consumer Services
77 shall establish the Dog Awareness and Welfare Guidelines (DAWG)
78 Breeder Program to recognize dog breeders who have voluntarily
79 adopted and implemented the best management practices for dog
80 breeding. The department shall certify any individual or entity
81 that the department has determined has voluntarily adopted and
82 implemented the best management practices for dog breeding
83 pursuant to s. 828.291 and who has complied with this section.
84 Such certification is good for 2 years and dog breeders may
85 reapply at the expiration of such certification.
86 (2) Participants in the DAWG Breeder Program must agree to
87 submit to inspection by the Department of Agriculture and
88 Consumer Services, or its designee, and pay the actual cost for
89 such inspection. Subject to appropriations, the department, or
90 its designee, may conduct an inspection of the applicant's dog
91 breeding program including, but not limited to, all animals
92 located on an applicant’s premises, the breeding and housing
93 facility of such animals, and any records of health or sale
94 maintained by the applicant.
95 (a) The department may contract with and designate local
96 law enforcement or animal services, when local staff and
97 resources are available, or any other public or private entity
98 that the department determines regularly conducts animal welfare
99 investigations, to perform inspections or related investigative
100 activities. Private service providers may include Florida

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101 licensed veterinarians currently in good standing that have been
102 licensed for 10 years.
103 (b) Local governments or enforcement authorities may
104 contract with the department to conduct breeder inspections
105 subject to the availability of local funding, staff, and
106 resources. If a local government or enforcement authority
107 determines it lacks the staff or resources to perform the
108 inspections, such inspection may be conducted by a department
109 approved private provider, provided that the breeder bears the
110 cost of inspection.
111 (c) If sufficient resources are not available, the
112 applicant must wait until such resources are available or
113 contract with a private provider designated and approved by the
114 department in order to obtain certification.
115 (3) If the applicant passes inspection, the department
116 must provide the applicant a DAWG Breeder Program certificate.
117 (4) The department may suspend or revoke the certification
118 of any DAWG certified dog breeder at any time if the department
119 discovers that such breeder has failed to maintain the best
120 management practices created pursuant to s. 828.291.
121 (5) A dog breeder who is certified by the program may
122 identify such certification in their professional practice,
123 including in marketing and advertising materials.
124 (6) Recognition by the program is not required for a dog
125 breeder to engage in dog breeding in the state.

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126 (7) The department shall adopt rules to implement this
127 section.
128 Section 3. Subsections (5) through (8), (10), (12), (13)
129 and (17) of section 828.29, Florida Statutes, are amended, and
130 subsections (18) is added to that section, to read:
131 828.29 Dogs and cats transported or offered for sale;
132 health requirements; consumer guarantee; disclosures. —
133 (5) If, within 30 14 days after following the sale by a
134 pet dealer of an animal subject to this section, a licensed
135 veterinarian of the consumer's choosing certifies that, at the
136 time of the sale, the animal was unfit for purchase due to
137 illness or disease, the presence of symptoms of a contagious or
138 infectious disease, or the presence of internal or external
139 parasites, excluding fleas and ticks; or if, within 1 year after
140 following the sale of an animal subject to this section, a
141 licensed veterinarian of the consumer's choosing certifies such
142 animal to be unfit for purchase due to a congenital or
143 hereditary disorder which adversely affects the health of the
144 animal; or if, within 1 year after following the sale of an
145 animal subject to this section, the breed, sex, or health of
146 such animal is found to have been misrepresented to the
147 consumer, the pet dealer shall afford the consumer the right to
148 choose one of the following options:
149 (a) The right to return the animal and receive a refund of
150 the purchase price, including any interest accrued and the sales

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151 tax or fees paid or due from the purchaser, and reimbursement
152 for reasonable veterinary costs directly related to the
153 veterinarian's examination and certification that the animal dog
154 or cat is unfit for purchase pursuant to this section or and
155 directly related to necessary emergency services and treatment
156 undertaken to relieve suffering of such animal. If the consumer
157 financed the animal pursuant to a financing agreement with the
158 pet dealer, the pet dealer must ensure that the financing
159 arrangement is terminated without penalty to the consumer;
160 (b) The right to return the animal and receive an exchange
161 dog or cat of the consumer's choice of equivalent value, and
162 reimbursement for reasonable veterinary costs directly related
163 to the veterinarian's examination and certification that the
164 animal dog or cat is unfit for purchase pursuant to this section
165 or and directly related to necessary emergency services and
166 treatment undertaken to relieve suffering of such animal; or
167 (c) The right to retain the animal and receive
168 reimbursement for reasonable veterinary costs for necessary
169 services and treatment related to the attempt to cure or curing
170 of the animal, dog or cat. or necessary emergency services or
171 treatment undertaken to relieve the suffering of such animal
172 related to such services received within 1 year of purchase.
173
174 Reimbursement for veterinary costs may not exceed the purchase
175 price of the animal. The cost of veterinary services is

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176 reasonable if such costs are comparable to the cost of similar
177 services rendered by other licensed veterinarians in proximity
178 to the treating veterinarian and the services rendered are
179 related to appropriate for the examination and certification of
180 fitness by the veterinarian.
181 (6) All financial terms must be disclosed by the pet
182 dealer to the consumer before the sale of an animal, including
183 the total cost of the animal, any fees, taxes and, if
184 applicable, financing charges or interest over the period
185 financed A consumer may sign a waiver relinquishing his or her
186 right to return the dog or cat for congenital or hereditary
187 disorders. In the case of such waiver, the consumer has 48
188 normal business hours, excluding weekends and holidays, in which
189 to have the animal examined by a licensed veterinarian of the
190 consumer's choosing. If the veterinarian certifies that, at the
191 time of sale, the dog or cat was unfit for purchase due to a
192 congenital or hereditary disorder, the pet dealer must afford
193 the consumer the right to choose one of the following options:
194 (a) The right to return the animal and receive a refund of
195 the purchase price, including sales tax, but excluding the
196 veterinary costs related to the certification that the dog or
197 cat is unfit; or
198 (b) The right to return the animal and receive an exchange
199 dog or cat of the consumer's choice of equivalent value, but not
200 a refund of the veterinary costs related to the certification

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201 that the dog or cat is unfit.
202 (7) Before the sale of an animal, a pet dealer must
203 provide to the consumer copies of records of all medical
204 examinations or tests that were conducted on the animal or any
205 medication given before the purchase of the animal. A pet dealer
206 may specifically state at the time of sale, in writing to the
207 consumer, the presence of specific congenital or hereditary
208 disorders, in which case the consumer has no right to any refund
209 or exchange for those identified disorders, if such consumer
210 signs a notification that indicates that the animal has been
211 examined by a veterinarian and it has been determined that the
212 animal has the identified specific congenital or hereditary
213 disorder.
214 (8) The refund or exchange required by subsection (5) must
215 or subsection (6) shall be made by the pet dealer not later than
216 10 business days after following receipt of a signed veterinary
217 certification as required in subsection (5) or subsection (6).
218 The consumer must provide notice and documentation to notify the
219 pet dealer within 7 2 business days after receipt of the
220 veterinarian's determination that the animal is unfit. The
221 written certification of unfitness must be presented to the pet
222 dealer not later than 3 business days following receipt thereof
223 by the consumer.
224 (10) If a pet dealer wishes to contest a demand for
225 veterinary expenses, refund, or exchange made by a consumer

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226 under this section, the dealer may require the consumer to
227 produce the animal for examination by a licensed veterinarian
228 designated by the dealer. Upon such examination, if the consumer
229 and the dealer are unable to reach an agreement that constitutes
230 one of the options set forth in subsection (5) or subsection (6)
231 within 10 business days after following receipt of the animal
232 for such examination, the consumer may initiate an action in a
233 court of competent jurisdiction, or the county court, small
234 claims court division in the county where the animal owner
235 resides, to recover or obtain reimbursement of veterinary
236 expenses, and a refund, or exchange, as set forth in subsection
237 (5), and may collect punitive damages in an amount not less than
238 $2,500, at the discretion of the court.
239 (12) Every pet dealer who sells an animal to a consumer
240 must provide the consumer at the time of sale with a printed,
241 written notice in 14-point bold font to be signed by the
242 consumer, printed or typed, which is separate from the contract.
243 The pet dealer shall retain a copy of the signed notice, and the
244 consumer must be given a copy of the signed notice. Such notice
245 must read reads as follows:
246
247 RIGHT TO CANCEL
248 Florida consumers have certain rights under s. 828.29, Florida
249 Statutes. You have the right to: 1) return the animal; 2)
250 exchange the animal; and 3) receive reimbursement for certain

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251 veterinary expenses under certain circumstances. Please have
252 your new pet seen by a veterinarian immediately. A copy of this
253 law is attached to this notice.
254
255 It is the consumer's right, pursuant to section
256 828.29, Florida Statutes, to receive a certificate of
257 veterinary inspection with each animal dog or cat
258 purchased from a pet dealer. Such certificate shall
259 list all vaccines and deworming medications
260 administered to the animal and shall state that the
261 animal, and list any medical diagnosis and treatments.
262 has been examined by a Florida-licensed veterinarian
263 who certifies that, to the best of the veterinarian's
264 knowledge, the animal was found to have been healthy
265 at the time of the veterinary examination. In the
266 event that the consumer purchases the animal and finds
267 it to have been unfit for purchase as provided in
268 section 828.29(5), Florida Statutes, the consumer must
269 notify the pet dealer within 7 2 business days of the
270 veterinarian's determination that the animal was
271 unfit. The consumer has the right to retain, return,
272 or exchange the animal and receive reimbursement for
273 certain related veterinary services rendered to the
274 animal, subject to the right of the dealer to have the
275 animal examined by another veterinarian.

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276
277 ...(Signature of Animal Owner or Lessee, Purchaser, or
278 Authorized Person)...
279
280 (13) For the purposes of this section subsections (5)-(12)
281 and (16), the term "pet dealer" means any person, firm,
282 partnership, corporation, or other association which, in the
283 ordinary course of business, engages in the sale of more than
284 three two litters, or 30 20 dogs or cats, per year, whichever is
285 greater, to the public. This definition includes breeders of
286 animals who sell such animals directly to a consumer. This
287 definition does not include not-for-profit entities that offer
288 animals for sale or adoption as long as the total cost of such
289 sale or adoption does not exceed $500, including all taxes and
290 fees, or other costs.
291 (17) Except as otherwise provided in this chapter, a
292 person who violates any provision of this section commits a
293 misdemeanor of the first degree, punishable as provided in s.
294 775.082 or s. 775.083.
295 (18) Any record provided to a consumer related to the sale
296 of an animal under this section must be maintained by the pet
297 dealer for a period of at least 3 years after the date of sale.
298
299 Section 4. This act shall take effect July 1, 2026.

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