Industries & Professional Activities Subcommittee: Committee Meeting Notice, February 12, 2026
Summary
Meeting packet of the House of Representatives Industries & Professional Activities Subcommittee for Thursday, February 12, 2026, 9:15 AM to 11:45 AM in Reed Hall (102 HOB), with Mike Giallombardo named alongside the title Chair. The meeting notice lists proposed committee substitutes (PCS) for HB 839, HB 1109 and HB 1205, and HB 959, Electronic Payment Processing Fees for Motor Vehicle Purchases. The bill analysis for HB 959 says the bill authorizes the holder of a retail installment contract, or its agent, to collect a fee for processing a retail buyer's payment as long as certain criteria are met. The packet closes with the PCS for HB 1205, Kratom, whose last section sets a July 1, 2026 effective date.
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Industries & Professional Activities
Subcommittee
Thursday, February 12, 2026
9:15 AM – 11:45 AM
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 12, 2026 09:15 AM
End Date and Time: Thursday, February 12, 2026 11:45 AM
Location: Reed Hall (102 HOB)
Duration: 2.50 hrs
Consideration of the following proposed committee substitute(s):
PCS for HB 839 -- Unlicensed Practice of Engineering
PCS for HB 1109 -- Services During a State of Emergency
PCS for HB 1205 -- Kratom
Consideration of the following bill(s):
HB 959 Electronic Payment Processing Fees for Motor Vehicle Purchases by Johnson
NOTICE FINALIZED on 02/10/2026 4:42PM by Marks.Amie
02/10/2026 04:42:17PM Leagis ® Page 1 of 1
HB 959
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 959 COMPANION BILL: CS/SB 838 (Yarborough)
TITLE: Electronic Payment Processing Fees for Motor LINKED BILLS: None
Vehicle Purchases RELATED BILLS: None
SPONSOR(S): Johnson
Committee References
Industries & Professional Activities Commerce
SUMMARY
Effect of the Bill:
The bill authorizes the holder of a retail installment contract, or its agent, to collect a fee for processing a retail
buyer’s payment under a retail installment contract as long as certain criteria are met.
Fiscal or Economic Impact:
Indeterminate. The bill appears to have no 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 defines: (Section 1)
• “Electronic payment” means a payment made by credit card, debit card, electronic funds transfer,
electronic check, or other electronic method.
The bill authorizes the holder of a retail installment contract, or its agent, to collect a fee for processing a retail
buyer’s payment under a retail installment contract when: (Section 1)
• The fee is reasonably related to the actual expense incurred by the holder in processing the payment;
• The holder allows the retail buyer to make a payment by a method other than a payment which incurs a
fee;
• The holder does not establish electronic payment as the expected form of payment; and
• The holder notifies the retail buyer of the amount of the fee and the available fee-free payment methods,
before the retail buyer agrees to make a payment that incurs a fee.
The bill provides an effective date of July 1, 2026.
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
The bill may have an indeterminate fiscal impact on the private sector. The bill may have a positive impact on
motor vehicle dealers by relieving them of responsibility for processing fees. However, the bill may increase costs
for consumers who would be required to pay those fees.
STORAGE NAME: h0959.IPA
DATE: 2/10/2026
1
HB 959
RELEVANT INFORMATION
SUBJECT OVERVIEW:
The Office of Financial Regulation
The Office of Financial Regulation (OFR) is the regulatory authority for Florida’s financial services industry. 1 The
OFR enforces and administers the Financial Institutions Codes; supervises banks, credit unions, savings
associations, and international bank agencies; and licenses and regulates non-depository finance companies and
the securities industry. 2
The OFR reports to the Financial Services Commission (Commission). The Commission is an executive agency
within the Department of Financial Services and is composed of the Governor, the Attorney General, the Chief
Financial Officer, and the Commissioner of Agriculture. 3
Regulation of Consumer Finance
The Division of Consumer Finance is responsible for licensing and overseeing different facets of non-depository
financial services sectors. This includes the regulation of motor vehicle retail installment sellers, governed by ch.
520, F.S.
Florida Motor Vehicle Retail Sales Finance Act
The Florida Motor Vehicle Retail Sales Finance Act 4 regulates sellers 5 who enter into retail installment contracts
with buyers 6 for the purchase or lease of a motor vehicle and holders 7 of such contracts. Under the Act,
individuals, excluding banks, trust companies, savings and loan associations, or credit unions authorized to operate
in Florida, must obtain a license from the OFR to conduct motor vehicle retail installment transactions. 8
To obtain a license, an application for licensure must be submitted in a form prescribed by the Commission and
include any information necessary to determine eligibility. Applicants must provide detailed personal, ownership,
and background information for themselves and for any officer, director, control person, partner, joint venturer, or
individual holding a 10 percent or greater ownership interest. The OFR may require information concerning any
such applicant or person, including, but not limited to, their full name and any other names by which they may
have been known, age, social security number, residential history, qualifications, educational and business history,
and disciplinary and criminal history. 9
Each initial application for a principal or branch location must be accompanied by a nonrefundable $175 fee, and
an application is deemed received only after submission of a completed form and all required fees. Upon approval,
the OFR may issue a license for a term of up to two years. 10
1 Florida Office of Financial Regulation, About Our Agency, https://flofr.gov/aboutus/about-ofr (last visited Feb. 6, 2026).
2 S. 20.121(3)(a)2, F.S.
3 S. 20.121(3), F.S.
4 Ss. 520.01-520.10, 520.12, 520.125, and 520.13, F.S.
5 “Motor vehicle retail installment seller” or “seller” means a person engaged in the business of selling motor vehicles to retail
buyers in retail installment transactions. S. 520.02(11), F.S.
6 “Retail buyer” or “buyer” means a person who buys a motor vehicle from a seller not principally for the purpose of resale,
and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and obligations
of such person. S. 520.02(16), F.S.
7 “Holder” of a retail installment contract means the retail seller of a motor vehicle retail installment contract or an assignee of
such contract. S. 520.02(8), F.S.
8 S. 520.03(1), F.S.
9 S. 520.03(2), F.S.
10 S. 520.03(2), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
HB 959
A licensed entity may only transact business as a motor vehicle retail installment seller under its licensed name. 11
Further, licenses are not transferable or assignable. 12
Retail Installment Contracts
A retail installment contract is an agreement made in Florida for a motor vehicle in which the buyer pays over time
and the seller keeps title or a lien as security for the buyer’s obligation. This includes conditional sales or lease-
type agreements in which the bailee or lessee pays compensation for use of a motor vehicle and that effectively
function as a sale by requiring or allowing the bailee or lessee to become the vehicle’s owner for little or no
additional cost after completing payments in accordance with the contract. 13
Retail installment contracts must be in writing and contain a “Notice to the Buyer” which includes specified
information about consumer rights under the Act. 14
A retail installment contract must include, among other things, specific details such as a statement on the absence
of liability insurance coverage for bodily injury and property damage, the names and addresses of the seller and
buyer, a detailed description of the motor vehicle, including make, year, model, and identification number, as well
as financial information like the amount financed, 15 finance charge, 16 total payments, total sale price, and the
number, amount, and date of scheduled payments. 17
Further, the seller is required to provide a separate written breakdown of the amount financed, disclosing the cash
price, 18 down payment, 19 the difference between cash price and down payment, amounts for insurance and other
benefits, and any taxes and official fees 20 not covered in the cash price. 21 This breakdown may be presented on a
separate disclosure statement or within the same document as the contract, provided it is clearly and prominently
segregated. 22
Transfer of Retail Installment Contracts
11 S. 520.03(4), F.S.
12 Id.
13 S. 520.02(17), F.S.
14 S. 520.07(1), F.S.
15 The amount financed is calculated by determining the cash price, and subtracting any down payment; adding any other
amounts that are financed by the creditor and that are not part of the finance charge, including any additional amount financed
in a retail installment contract to discharge a security interest, lien, or lease interest on a motor vehicle traded in in connection
with the contract; and subtracting any prepaid finance charge. S. 520.07(2)(a), F.S.
16 “Finance charge” means the cost of consumer credit as a dollar amount. The term “finance charge” includes any charge
payable directly or indirectly by the buyer and imposed directly or indirectly by the seller as an incident to or a condition of
the extension of credit. The term “finance charge” does not include any charge of a type payable in a comparable cash
transaction. S. 520.02(6), F.S.
17 S. 520.07, F.S.
18 “Cash price” means the price at which a seller, in the ordinary course of business, offers to sell for cash the property or
service that is the subject of the transaction. S. 520.02(2), F.S.
19 “Down payment” means the amount, including the value of any property used as a trade-in, paid to a seller to reduce the
cash price of goods or services purchased in a credit sale transaction. A deferred portion of a down payment may be treated as
part of the down payment if it is payable not later than the due date of the second otherwise regularly scheduled payment and
is not subject to a finance charge. S. 520.02(5), F.S.
20 “Official fees” means fees and charges prescribed by law which actually are or will be paid to public officials for determining
the existence of, or for perfecting, releasing, or satisfying, any security related to the credit transaction, or the premium
payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the
transaction, if the premium does not exceed the fees and charges which would otherwise be payable to public officials. S.
520.02(13), F.S.
21 S. 520.07(3), F.S.
22 Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
HB 959
Under the Act, the seller of a retail installment contract may transfer or sell their interest in the contract. A sale or
transfer of a retail installment contract occurs when the original seller assigns its rights under the contract to
another third-party debt collector, who becomes the holder of the retail installment contract. 23
Payment Processing Fees
A pay-to-pay fee, also known as a convenience fee, is a fee charged when a buyer makes a payment through a
particular channel. Companies may allow a buyer to make a payment in person or by mail for free, but charge a fee
for the convenience of taking the payment over the phone or online. These fees typically range from a few dollars
to $15 or more, or are based on a percentage of the payment. 24
Currently, the Florida Motor Vehicle Retail Sales Finance Act does not authorize or prohibit a seller to charge a fee
specifically for processing electronic payments on motor vehicle retail installment contracts. Florida law also does
not indicate whether auto financing agreements must include notice of such fees.
However, federal law, specifically the Fair Debt Collection Practices Act (FDCPA), does limit when a third-party
debt collector may charge payment processing fees. A third-party debt collector is an entity that collects debts on
behalf of an original creditor, 25 typically after the original creditor has assigned or sold the obligation. According to
the Consumer Financial Protection Bureau (CFPB) pay-to-pay fees are “only legal if you agreed to the fee when you
first took out the debt, or a law specifically allows the fee.” Absent express authorization in the underlying
agreement or applicable law, a debt collector may not impose or collect such fees. 26
Although many states, including Florida, have enacted laws banning certain payment related fees, such bans have
been determined to be unconstitutional. For example, in 2015, the Eleventh Circuit struck down s. 501.0117, F.S.,
prohibiting a seller from imposing a surcharge on the buyer for electing to use a credit card, as an unconstitutional
violation of free speech. 27 Still, at least one state has adopted provisions allowing auto finance companies to charge
fees for payments under certain conditions. 28
Despite this, courts have increasingly scrutinized convenience fees charged for online or phone payments,
particularly when those fees are not expressly authorized by contract or statute. In 2022, the Fourth Circuit held
that charging a $5 payment fee violated Maryland law because neither the mortgage contract or state law expressly
allowed it. 29 More recently, in 2025, the Eleventh Circuit held that charging any amount for making mortgage
payments online or by phone when the mortgage contract did not expressly authorize such fee was a violation of
the FDCPA. 30
23 S. 520.08(4), F.S.
24 Consumer Financial Protection Bureau, What is a convenience fee or pay-to-pay fee? (June 29, 2022)
https://www.consumerfinance.gov/ask-cfpb/what-is-a-convenience-fee-or-pay-to-pay-fee-en-2126/ (last visited Feb. 6,
2026).
25 An original creditor is the company that offers the loan or credit. Consumer Financial Protection Bureau, Debt Collection Key
Terms, https://www.consumerfinance.gov/consumer-tools/debt-collection/answers/key-terms/ (last visited Feb. 6, 2026).
26 15 U.S.C. § 1692g (2010); Consumer Financial Protection Bureau, What is a convenience fee or pay-to-pay fee? (June 29,
2022) https://www.consumerfinance.gov/ask-cfpb/what-is-a-convenience-fee-or-pay-to-pay-fee-en-2126/ (last visited Feb.
6, 2026); See also Consumer Financial Protection Bureau, Advisory Opinion: Pay-to-Pay Fees (July 5, 2022)
https://files.consumerfinance.gov/f/documents/cfpb_convenience-fees_advisory-opinion_2022-06.pdf (last visited Feb. 6,
2026).
27 Dana’s Railroad Supply v. Attorney General, State of Florida, 807 F.3d 1235 (11th Cir. 2015).
28 Tex. Fin. Code § 348.416 (2025).
29 Alexander v. Carrington Mortgage Services, LLC, 23 F.4th 370 (4th Cir. 2022).
30 Glover v. Ocwen Loan Servicing, LLC, Nos. 23-12578 & 23-12579, 127 F.4th 1278 (11th Cir. Feb. 4, 2025).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
HB 959
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Industries & Professional Activities Anstead Bunnell
Subcommittee
Commerce Committee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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 959 2026
1 A bill to be entitled
2 An act relating to electronic payment processing fees
3 for motor vehicle purchases; creating s. 520.083,
4 F.S.; defining the term "electronic payment";
5 authorizing holders of retail installment contracts
6 and their agents to collect fees for processing
7 electronic payments made by motor vehicle retail
8 buyers under certain circumstances; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 520.083, Florida Statutes, is created
14 to read:
15 520.083 Convenience fee for processing buyers' electronic
16 payments.—
17 (1) As used in this section, the term "electronic payment"
18 means a payment made by credit card, debit card, electronic
19 funds transfer, electronic check, or other electronic method.
20 (2) A holder of a retail installment contract or the
21 holder's agent may collect a fee for processing a retail buyer's
22 electronic payment under the retail installment contract if:
23 (a) The fee is reasonably related to the expense incurred
24 by the holder or holder's agent in processing the electronic
25 payment; and
Page 1 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb959-00
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 959 2026
26 (b) The holder or holder's agent:
27 1. Allows the retail buyer to make a payment by a method
28 other than an electronic payment which does not incur a fee;
29 2. Does not establish electronic payment as the expected
30 form of payment; and
31 3. Informs the retail buyer of the following before the
32 retail buyer agrees to make the electronic payment:
33 a. The amount of the fee to be charged under this section;
34 and
35 b. That the retail buyer may make a payment by a method
36 other than an electronic payment which does not incur a fee,
37 including by check, cash, or money order.
38 Section 2. This act shall take effect July 1, 2026.
Page 2 of 2
CODING: Words stricken are deletions; words underlined are additions.
hb959-00
INDUSTRIES & PROFESSIONAL ACTIVITIES SUBCOMMITTEE
HB 959 by Rep. Johnson
Electronic Payment Processing Fees for Motor Vehicle Purchases
AMENDMENT SUMMARY
February 12, 2026
Amendment #032763 by Rep. Johnson (strike):
• Imposes a processing fee limit for the use of credit cards, debit cards, and
electronic payments as the lesser of $10 or 3 percent of the amount of the payment.
• Requires a holder maintain an option for the buyer to make an ACH payment without
incurring a fee.
• Distinguishes ACH payments from other types of “electronic payments”.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (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 Johnson offered the following:
4
5 Amendment
6 Remove everything after the enacting clause and insert:
7 Section 1. Section 520.105, Florida Statute, is created to
8 read:
9 520.105 Convenience Fee for Processing Payments.-
10 (1) As used in this section, the term “electronic payment”
11 means a payment made by credit card, debit card, electronic
12 funds transfer, electronic check, or other electronic method.
13 The term "ACH payment" means a payment via an automated clearing
14 house electronic transfer from a retail buyer's bank account.
15 (2) A holder of a retail installment contract, or its
16 agent, may collect a fee for processing a retail buyer’s payment
032763 - h0959-strike.docx
Published On: 2/11/2026 11:15:55 AM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 959 (2026)
Amendment No.
17 under the retail installment contract provided all of the
18 following conditions are met:
19 (a) The fee is reasonably related to the actual expense
20 incurred by the holder or its agent in processing the payment.
21 (b) The fee does not exceed the lesser of $10 or 3 percent
22 of the amount of the payment; and
23 (c) The holder or its agent:
24 1. Allows the retail buyer to make a payment by a method
25 other than a payment which incurs a fee;
26 2. Maintains an option for a retail buyer to make an ACH
27 payment without collecting a fee;
28 3. Does not establish electronic payment as the expected
29 form of payment; and
30 4. Before the retail buyer agrees to make a payment that
31 incurs a fee, provides disclosure of all of the following:
32 a. The amount of the fee to be charged under this
33 section; and
34 b. The retail buyer’s option to make a payment by an
35 alternative method that does not incur a fee, including by cash,
36 check, money order, or ACH payment.
37 Section 2. This act shall take effect July 1, 2026.
38
032763 - h0959-strike.docx
Published On: 2/11/2026 11:15:55 AM
Page 2 of 2
PCS for HB 839
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 839 COMPANION BILL: CS/SB 800 (Mayfield)
TITLE: Unlicensed Practice of Engineering LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill establishes an escalating fine schedule for subsequent violations of engaging in the unlicensed practice of
engineering.
Fiscal or Economic Impact:
Indeterminate. The bill may have an indeterminate impact on state government and the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill establishes an escalating fine schedule for subsequent violations of engaging in the unlicensed practice of
engineering. The escalating fees are as follows:
• For a second violation, a fine of $10,000.
• For a third violation, a fine of $15,000.
• For a fourth violation, a fine of $20,000.
• For a fifth and any subsequent violation, a fine of $25,000. (Section 1)
The bill provides an effective date of July 1, 2026. (Section 2)
FISCAL OR ECONOMIC IMPACT:
STATE GOVERNMENT:
The bill may have an indeterminate fiscal impact on state revenues. The bill may have an indeterminate positive
fiscal impact on state revenues due to increased fines.
PRIVATE SECTOR:
The bill would require individuals who engage in the unlicensed practice of engineering to pay increased fines for
subsequent violations.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Professional Engineering
STORAGE NAME: PCS0839.IPA
DATE: 2/10/2026
1
PCS for HB 839
An engineer is an individual who is licensed to practice engineering. An engineer intern is an individual who has
graduated from an engineering curriculum approved by the board and has passed the fundamentals of engineering
examination.
The practice of engineering includes professional services that require specialized education, training, and
experience in applying mathematical, physical, and engineering sciences. The term encompasses activities such as
consultation, planning, design, evaluation, teaching, surveying, and construction inspection related to public or
private works, utilities, systems, and products that affect life, health, or property. 1
The practice of engineering is regulated by the Florida Board of Professional Engineers (Board) under the
Department of Business and Professional Regulation (DBPR) Division of Professions. 2 The Board is responsible for
reviewing applications, administering exams, licensing qualified applicants, and regulating and enforcing the
proper practice of engineering in the state. 3
The Florida Engineers Management Corporation
The administrative, investigative, and prosecutorial services for the Board are administered by the Florida
Engineers Management Corporation (FEMC). 4 The FEMC is a non-profit, single purpose corporation that operates
through a contract with DBPR. The FEMC may hire staff as needed to carry out its functions. 5
Funds for the FEMC are allocated through appropriations from the Professional Regulation Trust Fund. 6 The FEMC
is required to submit quarterly and annual reports on its activities and financial status to the Secretary of the
DBPR, the Board, and the Legislature. 7
Licensure Requirements
In Florida, to qualify for licensure as a professional engineer, an individual must have passed both the
fundamentals examination and the principles and practices examination. Prior to being permitted to sit for the
fundamentals examination, an applicant must have graduated from an approved engineering science or
engineering technology curriculum of four years or more in a board-approved school, college, or university. 8
The Board is required to certify for licensure any applicant who has submitted proof of being at least 18 years old,
and having the required engineering experience. For graduates of an approved engineering science curriculum, the
applicant must have a record of at least four years of active engineering experience sufficient to indicate
competence to be in responsible charge of engineering. Graduates of an approved engineering technology
curriculum must have a record of at least six years of such qualified experience. 9
The FEMC is required to issue a license to any applicant who the board certifies is qualified to practice engineering
and who has passed the required examinations. 10
Unlicensed Practice of Engineering
1 S. 471.005(7), F.S.
2 S. 20.165(4)(a)11, F.S.
3 Florida Board of Professional Engineers, About the Florida Board of Professional Engineers, https://fbpe.org/about/about-
fbpe/ (last visited Feb. 9, 2026)
4 S. 471.038(3), F.S.
5 Id.
6 S. 471.038(3)(j)3, F.S.
7 S. 471.038(3)(m), F.S.
8 S. 471.013, F.S.
9 S. 471.015(2), F.S.
10 S. 471.015(1), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
PCS for HB 839
In Florida, individuals who are not licensed by the Board are prohibited from engaging in the practice of
engineering. 11 Any individual who practices engineering without a license commits a first degree misdemeanor. 12
As a result of a violation for unlicensed activity, the Board may issue: 13
• A notice to cease and desist.
• A citation, which includes a fine.
• An administrative complaint, which may include a recommended fine, injunctive proceedings if the action
continues, and criminal prosecution.
Further, the Board is authorized to impose a fine of up to $5,000 for each count or separate offense on any
individual found guilty of, among other violations, engaging in the unlicensed practice of engineering. 14
Additionally, Rule 61G15-19.004 of the Florida Administrative Code, provides the following penalties for the
unlicensed practice of engineering:
PENALTY RANGE
THIRD OR
VIOLATION
FIRST VIOLATION SECOND VIOLATION SUBSEQUENT
VIOALTION
5. Practicing In addition to referral to In addition to referral to In addition to referral to
engineering without a State Attorney’s Office and State Attorney’s Office State Attorney’s Office, a
license or using a name denial of future application from a $2,500 fine to a $5,000 fine.
or title tending to for licensure, from a $5,000 fine.
indicate that such $1,000 fine to a $2,500
person holds an active fine.
license as an engineer.
(Sections
471.031(1)(a), (b), F.S.)
As part of the FEMC’s quarterly reports, the Board provides regular updates on incidents of unlicensed practice of
engineering in Florida. In the first quarter of 2025-26, the Board received 13 complaints alleging unlicensed
activity, four of which were deemed legally sufficient. 15
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
Orig. Comm.: Industries & Anstead Bunnell
Professional Activities
Subcommittee
11 S. 471.031, F.S.
12 S. 471.031(2), F.S.
13 Florida Board of Professional Engineers, Unlicensed Activity Affects Everyone¸ January, 2018, available at
https://fbpe.org/unlicensed-activity-affects-everyone/ (last visited Feb. 9, 2026)
14 S. 471.033, F.S.
15 See Florida Board of Professional Engineers, Quarterly Reports, 2025-26 Florida Engineers Management Corporation 1st
Quarter Report, p. 74, available at https://fbpe.org/wp-content/uploads/2025/10/2025-26-1st-Quarter-FEMC-Report.pdf.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
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 839 2026
1 A bill to be entitled
2 An act relating to unlicensed practice of engineering;
3 amending s. 471.033, F.S.; providing penalties for
4 persons found to have repeatedly engaged in the
5 unlicensed practice of engineering; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Present subsection (4) of section 471.033,
11 Florida Statutes, is redesignated as subsection (5), and a new
12 subsection (4) is added to that section, to read:
13 471.033 Disciplinary proceedings.—
14 (4) Notwithstanding subsection (3), a person who violates
15 this section by engaging in the unlicensed practice of
16 engineering, upon a second or subsequent violation, is subject
17 to a fine imposed by the department which increases as follows:
18 (a) For a second violation, a fine of $10,000.
19 (b) For a third violation, a fine of $15,000.
20 (c) For a fourth violation, a fine of $20,000.
21 (d) For a fifth and any subsequent violation, a fine of
22 $25,000.
23 Section 2. This act shall take effect July 1, 2026.
Page 1 of 1
CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1109
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 1109 COMPANION BILL: SB 1260 (DiCeglie)
TITLE: Services During a State of Emergency LINKED BILLS: None
SPONSOR(S): Industries & Professional Activities RELATED BILLS: None
Subcommittee
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill authorizes the Department of Management Services to enter into and maintain state term contracts with
multiple vendors for the purpose of performing building code inspection services and debris removal services for
the purposes of recovery following a natural disaster that is subject to a state of emergency declared by the
Governor.
The bill authorizes a person that is qualified for work in any state that has entered into a state term contract or a
mutual aid agreement, or who has held a valid license in any state for the five years immediately preceding the date
of the declaration, to act in certain positions for up to one year after the declaration of a state of emergency for a
natural emergency.
Fiscal or Economic Impact:
None
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill authorizes the Department of Management Services (department) to enter into and maintain state term
contracts with multiple vendors for the purpose of performing building code inspection services and debris
removal services for the purposes of recovery following a natural disaster that is subject to a state of emergency
declared by the Governor. These inspection and removal services shall be available to local governments for
recovery during the state of emergency. (Section 1)
The bill authorizes a person that is qualified for work in any state that has entered into a state term contract or a
mutual aid agreement or who has held a valid license in any state for the five years immediately preceding the date
of the declaration, to act under the direction of the local building official in the following positions for up to one
year after the declaration of a state of emergency for a natural emergency issued by the Governor: (Section 2)
• Building code inspector.
• Building inspector.
• Coastal construction inspector.
• Commercial electrical inspector.
• Electrical inspector.
• Mechanical inspector.
• Plumbing inspector.
• Residential electrical inspector.
STORAGE NAME: PCS1109.IPA
DATE: 2/10/2026
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PCS for HB 1109
• Residential inspector.
• Plans examiner.
• Building plans examiner.
• Plumbing plans examiner.
• Mechanical plans examiner.
• Electrical plan examiner.
The bill defines “natural emergency” as an emergency caused by a natural event, including, but not limited to, a
hurricane, a storm, a flood, a severe wave action, a drought, or an earthquake. 1 (Section 2)
The bill provides an effective date of July 1, 2026. (Section 3)
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Florida Building Code
In 1974, Florida adopted legislation requiring all local governments to adopt and enforce a minimum building code
that would ensure that Florida’s minimum standards were met. Local governments could choose from four
separate model codes. The state’s role was limited to adopting all or relevant parts of new editions of the four
model codes. Local governments could amend and enforce their local codes, as they desired. 2
In 1992, Hurricane Andrew demonstrated that Florida’s system of local codes did not work. Hurricane Andrew
easily destroyed those structures that were allegedly built according to the strongest code. The Governor
eventually appointed a study commission to review the system of local codes and make recommendations for
modernizing the system. The 1998 Legislature adopted the study’s commission recommendations for a single state
building code and enhanced the oversight role of the state over local code enforcement. The 2000 Legislature
authorized implementation of the Florida Building Code (Building Code), and that first edition replaced all local
codes on March 1, 2002. 3 The current edition of the Building Code is the eighth edition, which is referred to as the
2023 Florida Building Code. 4
Chapter 553, part IV, F.S., is known as the “Florida Building Codes Act” (Act). The purpose and intent of the Act is to
provide a mechanism for the uniform adoption, updating, interpretation, and enforcement of a single, unified state
building code. The Building Code must be applied, administered, and enforced uniformly and consistently from
jurisdiction to jurisdiction. 5
The Florida Building Commission (Commission) was created to implement the Building Code. The Commission,
which is housed within the Department of Business and Professional Regulation (DBPR), is a 19-member technical
body made up of design professionals, contractors, and government experts in various disciplines covered by the
Building Code. The Commission reviews several International Codes published by the International Code Council, 6
the National Electric Code, and other nationally adopted model codes to determine if the Building Code needs to be
updated and adopts an updated Building Code every three years. 7
Building Officials, Inspectors, and Plans Examiners
1 The definition mirrors that of the State Emergency Management Act, s. 252.34(8), F.S.
2 Florida Department of Community Affairs, The Florida Building Commission Report to the 2006 Legislature, p. 4,
http://www.floridabuilding.org/fbc/publications/2006_Legislature_Rpt_rev2.pdf (last visited Feb. 9, 2026).
3 Id.
4 Florida Building Commission Homepage, https://floridabuilding.org/c/default.aspx (last visited Feb. 9, 2026).
5 See s. 553.72(1), F.S.
6 The International Code Council (ICC) is an association that develops model codes and standards used in the design, building, and
compliance process to “construct safe, sustainable, affordable and resilient structures.” International Code Council, About the ICC,
https://www.iccsafe.org/about/who-we-are/ (last visited Feb. 9, 2026).
7 S. 553.73(7)(a), F.S.
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2
PCS for HB 1109
Building officials, inspectors, and plans examiners are regulated by the Building Code Administrators and
Inspectors Board (the board) within the DBPR. A building code administrator, otherwise known as a building
official, is a local government employee, or a person contracted by a local government, who supervises building
code activities, including plans review, enforcement, and inspection. 8 A building code inspector (inspector) is a
local or state government employee, or a person contracted by a local government, who inspects construction that
requires permits to determine compliance with building codes and state accessibility laws. 9
Residential Plans Inspector
A residential plans inspector (sometimes referred to as residential plans examiner) is “a person who is qualified to
inspect and determine that one-family, two-family, or three-family residences not exceeding two habitable stories
above no more than one uninhabitable story and accessory use structures in connection therewith are constructed
in accordance with the provisions of the governing building, plumbing, mechanical, accessibility, and electrical
codes.” 10
Building Inspections
Any construction work that requires a building permit also requires plans and inspections to ensure the work
complies with the building code. The building code requires certain building, electrical, plumbing, mechanical, and
gas inspections. Construction work may not be done beyond a certain point until it passes an inspection.
In addition to the inspections required by the building code, a building official may require other inspections of any
construction work to ascertain compliance with the provisions of the building code and other laws that are
enforced by the government entity. 11
Building Code Enforcement
Local governments have the power to inspect all buildings, structures, and facilities within their jurisdiction in
protection of the public’s health, safety, and welfare. 12 Every local government must enforce the building code and
issue building permits. 13 State agencies may also enforce the building code if current law specifically authorizes
them to do so, unless they have delegated responsibility to another public entity. 14
Interagency Service Agreements with Building Code Officials
In order to keep down costs for low-population jurisdictions, Florida allows building code administrators/officials
to be authorized to perform any plan review or inspection for another jurisdiction under an interagency service
agreement. 15
Private Providers
Private providers and their duly authorized representatives are able to approve building plans and perform
building code inspections as long as the plans approval and building inspections are within the scope of the
provider’s or representative’s license.
A “private provider” is defined as a person licensed as a building official, engineer, or architect. Additionally, the
term includes licensed building inspectors and plans examiners who perform inspections for additions and
alterations that are limited to 1,000 square feet or less in residential buildings. 16
8 S. 468.603(2), F.S.
9 S. 468.603(4), F.S.
10 S. 468.603(5)(h), F.S.
11 S. 110.3, Florida Building Code, Eighth Edition.
12 S. 553.72(2), F.S.
13 Ss. 125.01(1)(bb), 125.56(4)(a), and 553.80(1), F.S.
14 S. 553.80(1), F.S.
15 S. 468.603(2), F.S. See example of a proposal for an interagency service agreement for building permitting and inspection
services for a jurisdiction with a population of less than 50,000. City of Mexico Beach, Request for Proposals Building Permitting
and Inspection Services, at https://mexicobeachfl.gov/uploads/2022/06/RFP-for-Building-Services-111218.pdf (last visited
Feb. 9, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
3
PCS for HB 1109
An owner or contractor must notify a local government that the owner or contract hired a private provider to
perform building code inspection services, including single-trade inspections. If an owner or contractor retains a
private provider for purposes of plans review or building inspection services, the local jurisdiction must reduce the
permit fee by the amount of cost savings realized by the local enforcement agency for not having to perform such
services. Such reduction may be calculated on a flat fee or percentage basis, or any other reasonable means by
which a local enforcement agency assesses the cost for its plans review or inspection services. The local
jurisdiction may not charge fees for building inspections if the fee owner or contractor hires a private provider to
perform such services; however, the local jurisdiction may charge a reasonable administrative fee, which shall be
based on the cost that is actually incurred, including the labor cost of the personnel providing the service, by the
local jurisdiction or attributable to the local jurisdiction for the clerical and supervisory assistance required, or
both. 17
A local government may not charge a fee for building inspections when an owner or contractor uses a private
provider but may charge a “reasonable administrative fee.” A “reasonable administrative fee” must be based on
the cost that is actually incurred by the local government, including the labor cost of the personnel providing the
service, or the cost attributable to the local government for the clerical and supervisory assistance required, or
both. 18
Upon receipt of a building permit application and the required affidavit from the private provider, a building
official has 20 business days to issue the permit or provide written notice of the plan deficiencies. 19 If the local
building official does not provide written notice of plan deficiencies within the prescribed 20-day period, the
permit application shall be deemed approved and must be issued on the next business day. 20
State Emergency Management Act
The State Emergency Management Act (Act), ch. 252, F.S., was enacted to be the legal framework for this state’s
emergency management activities, recognizing the state’s vulnerability to a wide range of emergencies, including
natural, manmade, and technological disasters. 21 In order to reduce the state’s vulnerability to these circumstances
and to prepare to respond to them, the act promotes the state’s emergency readiness through enhanced
coordination, long-term planning, and adequate funding. 22
The Act also delineates the Governor’s authority to declare a state of emergency, issue executive orders, and
otherwise lead the state during emergencies. If the Governor finds that an emergency 23 has occurred or is
imminent, he or she must declare a state of emergency. 24 An executive order or proclamation of a state of
emergency shall identify whether the state of emergency is due to a minor, 25 major, 26 or catastrophic 27 disaster. 28
16
S. 553.791(1)(n), F.S.
17 S. 553.791(2)(b), F.S.
18 Id.
19
S. 553.791(7)(a), F.S.
20
Id.
21 S. 252.311(1), F.S.
22 S. 252.311(2) and (3), F.S.
23 “Emergency” means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace,
which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. See s.
252.34(4), F.S.
24 S. 252.36(2), F.S.
25 “Minor disaster” means a disaster that is likely to be within the response capabilities of local government and to result in
only a minimal need for state or federal assistance. See s. 252.34(2)(c), F.S.
26 “Major disaster” means a disaster that will likely exceed local capabilities and require a broad range of state and federal
assistance. See s. 252.34(2)(b), F.S.
27 “Catastrophic disaster” means a disaster that will require massive state and federal assistance, including immediate military
involvement. See s. 252.34(2)(a), F.S.
28 S. 252.36(4)(c), F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
4
PCS for HB 1109
The state of emergency must continue until the Governor finds that the threat or danger has been dealt with to the
extent that the emergency conditions no longer exist, but no state of emergency may continue for longer than 60
days unless renewed by the Governor. 29 Additionally, the Legislature may end a state of emergency by passing a
concurrent resolution. 30
BILL HISTORY
STAFF
DIRECTOR/ ANALYSIS
COMMITTEE REFERENCE ACTION DATE POLICY CHIEF PREPARED BY
IOrig. Comm.: Industries & Anstead Miralia
Professional
I- --- Activities
--
Subcommittee
29 S. 252.36(2), F.S.
30 S. 252.36(3), F.S.
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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
PCS for HB 1109 2026
1 A bill to be entitled
2 An act relating to services during a state of
3 emergency; amending s. 287.056, F.S.; directing the
4 Department of Management Services to enter into state
5 term contracts for the provision of building code
6 inspection services and debris removal services;
7 creating s. 468.634, F.S.; authorizing individuals to
8 work in specified positions if they meet certain
9 requirements; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12 Section 1. Present subsection (4) of section 287.056,
13 Florida Statutes, is redesignated as subsection (5), and a new
14 subsection (4) is added to that section, to read:
15 (4) For the purposes of recovery following a natural
16 disaster that is subject to a state of emergency declared by the
17 Governor, the department may enter into and maintain state term
18 contracts with multiple vendors for the purpose of performing
19 building code inspection services, as defined in s. 553.791, and
20 debris removal services, and make such services available to
21 local governments during a state of emergency.
22 Section 2. Section 468.634, Florida Statutes, is created
23 to read:
24 468.634 Certification by Endorsement During a State of
25 Emergency.—
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PCS for HB 1109
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 1109 2026
26 (1) Notwithstanding any other law, a person may act in any
27 of the following positions under the direction of the local
28 building official, for a period of 1 year from the date of a
29 declaration of a state of emergency issued by the Governor for a
30 natural emergency, if such person has entered into a state term
31 contract pursuant to s. 287.056, is qualified for such work in
32 any state that has a mutual aid agreement pursuant to 252.40(2),
33 or has held a valid license for such work in any state for 5
34 years immediately proceeding the date of the declaration:
35 (a) Building code inspector.
36 (b) Building inspector.
37 (c) Coastal construction inspector.
38 (d) Commercial electrical inspector.
39 (e) Electrical inspector.
40 (f) Mechanical inspector.
41 (g) Plumbing inspector.
42 (h) Residential electrical inspector.
43 (i) Residential inspector.
44 (j) Plans examiner.
45 (k) Building plans examiner.
46 (l) Plumbing plans examiner.
47 (m) Mechanical plans examiner.
48 (n) Electrical plans examiner.
49 (2) "Natural emergency" means an emergency caused by a
50 natural event, including, but not limited to, a hurricane, a
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PCS for HB 1109
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 1109 2026
51 storm, a flood, a severe wave action, a drought, or an
52 earthquake.
53 Section 3. This act shall take effect July 1, 2026.
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CODING: Words stricken are deletions; words underlined are additions.
PCS for HB 1109
PCS for 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 #: PCS for HB 1205 COMPANION BILL: SB 994 (Gruters, Martin)
TITLE: Kratom LINKED BILLS: None
SPONSOR(S): RELATED BILLS: None
Committee References
Orig. Comm.: Industries & Professional Activities
SUMMARY
Effect of the Bill:
The bill revises the Florida Kratom Consumer Protection Act to provide requirements for the distribution and sale
of kratom products. The bill restricts the types of businesses and locations where kratom products may be sold, and
creates requirements for remote sales. The bill provides penalties for violations, procedures for the seizure,
confiscation, and destruction of such products, and authorizes the Department of Agriculture and Consumer
Services to administer and enforce these provisions. The bill prohibits using kratom products near certain schools.
The bill authorizes certain alcoholic beverage licensees to sell such products and authorizes the Department of
Business and Professional Regulation Division of Alcoholic Beverages and Tobacco to discipline tobacco products
dealers and nicotine products dealers for certain violations.
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 to provide requirements for the testing, certification,
distribution, and sale of kratom products.
Definitions
The bill defines the following terms:
• "Attractive to children" means manufactured in the shape of or packaged in containers or packages
displaying humans, or animals, that are featured in a manner other than their natural form and are in a
form commonly known to appeal primarily to children, toys or cartoons that are featured in any manner, or
any other forms that have similar features to humans, cartoons, animals or toys that target children;
manufactured in a form or packaged in a container or package that bears any reasonable resemblance to an
existing candy or snack product that is familiar to the public; or manufactured in a form or packaged in a
container or package that bears any reasonable resemblance to a branded food product such that the
product could be mistaken for the branded food product, especially by children.
• "Contaminants unsafe for human consumption" includes, but is not limited to, any microbe, fungus, yeast,
mildew, herbicide, pesticide, fungicide, residual solvent, metal, or other contaminant found in any amount
that exceeds any of the accepted limitations as determined by rules adopted by the Department of Health in
accordance with s. 381.986, or other limitation pursuant to the laws of this state, whichever amount is less.
• "Independent testing laboratory" means a laboratory that:
o Does not have a direct or indirect interest in the entity whose product is being tested;
o Does not have a direct or indirect interest in a facility that processes, distributes, dispenses, or sells
kratom products in the state or in another jurisdiction or cultivates, processes, distributes,
dispenses, or sells marijuana, as defined in s. 381.986; and
STORAGE NAME: PCS1205.IPA
DATE: 2/10/2026
1
o Is certified by the Department of Health as a medical marijuana testing laboratory pursuant to s.
381.988, or is certified by the department as being substantially equivalent to a medical marijuana
testing laboratory.
• “Manufacturer” means any person or entity that engages in the process of manufacturing, preparing, or
packaging of kratom products.
• “Retailer” means any person or entity who sells kratom products to consumers.
• “Wholesaler” means any person or entity located inside or outside this state that delivers or sells products
containing kratom to retailers or other persons for purposes of resale. (Section 1)
Certification of Laboratories
The bill requires the Department of Agriculture and Consumer Services (DACS) to certify any laboratory located
within the state or another state which meets the qualifications of an independent testing laboratory. However, a
medical marijuana testing laboratory certified pursuant to s. 381.988, F.S., is not required to receive certification.
(Section 1)
The bill requires DACS, with the assistance of the Department of Health, to adopt rules establishing the standards
for certification of independent testing laboratories, and adopt rules for the testing of kratom products. (Section 1)
The rules must include, but are not limited to:
• Security standards.
• Minimum standards for personnel.
• Sample collection methods and process standards.
• Proficiency testing for Mitragynine, 7-hydroxymitragynine, and contaminants unsafe for human
consumption, as determined by department rule.
• Reporting content, format, and frequency.
• Audits and onsite inspections.
• Quality assurance.
• Equipment and methodology.
• Chain of custody.
• Any other standard the department deems necessary. (Section 1)
DACS is required to:
• Renew the certification biennially if the laboratory meets certain requirements or rules.
• Adopt rules establishing a procedure for initial certification and biennial renewal.
• Publish on its website a list of all laboratories that have received certification. (Section 1)
The bill authorizes DACS to refuse to issue, renew, suspend, or revoke, the certification of an independent testing
laboratory that is found to be in violation of certain provisions or DACS rules. (Section 1)
The bill requires the laboratories that receive certification DACS to agree to random unannounced audits and
onsite inspections by DACS. (Section 1)
Distribution and Retail Sales
The bill authorizes the distribution and sale of kratom products in the state under the following conditions:
• The kratom product must:
o Not be adulterated with a dangerous non-kratom substance affecting the quality or strength of the
product to a degree that renders the product injurious to a consumer.
o Not be contaminated with contaminants unsafe for human consumption or an otherwise
deleterious non-kratom substance, including a controlled substance;
o Contain a level of 7-hydroxymitragynine in the alkaloid fraction that is no more than two percent of
the overall alkaloid composition of the product; and
o Not contain any synthetic alkaloids, including synthetic 7-hydroxymitragynine and synthetically
derived compounds from a plant of the Mitragyna speciosa.
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2
• The kratom product must be tested by the manufacturer, the wholesaler, and the retailer by an
independent testing laboratory.
• The independent testing laboratory’s certificate of analysis must state the kratom product was tested for:
o Synthetic alkaloids.
o 7-hydroxymitragynine.
o Heavy metals.
o Mycotoxins.
o Pesticides.
o Potency.
o Residual solvents.
o Any other controlled substance.
o Any other substance the department deems necessary.
• The kratom product must be distributed or sold in a container that:
o Includes scannable barcode or quick response code linked to the certificate of analysis of the
kratom product;
o Includes the kratom product testing number;
o Includes the expiration date of the kratom product;
o Is suitable to contain products for human consumption;
o Is composed of materials designed to minimize exposure to light;
o Mitigates exposure to high temperatures;
o Is a single color and is not transparent. However, this does not apply to the universal symbol;
o Does not contain any pictures or images other than a single logo, which may not be attractive to
children and may be no more than 20 percent of the container;
o Contains a clear and conspicuous warning developed by the department that the product is a
kratom product;
o Contains a universal symbol that indicates the presence of kratom, which must be developed by the
department;
o Is not attractive to children; and
o Is compliant with the United States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et
seq., without regard to provided exemptions. For purposes of this subparagraph, a beverage in a
sealed container is considered compliant with the United States Poison Prevention Packaging Act of
1970, 15 U.S.C. ss. 1471 et seq. (Section 1)
The bill does not require a wholesaler or retailer to test their kratom products if:
• The product is packaged in a container in a manner that may be sold to the ultimate consumer when the
wholesaler or retailer receives the product from the manufacturer or wholesaler;
• The product was tested by the manufacturer or wholesaler; and
• The wholesaler or retailer does not open the container. (Section 1)
The bill restricts the retail sale and delivery of kratom products, to the following methods:
• At establishments that:
o Have a food permit from DACS; and
o Prohibit persons under 21 years of age on the establishment’s premises.
• At establishments that have a food permit from DACS and an alcoholic beverage quota license.
o Establishments with a quota license, that allow persons under 21 years of age on the
establishment’s premises, are required to place kratom products, not including beverages, in an
area inaccessible to customers.
o Such establishments may place kratom products, not including beverages, in an open display unit as
long as the unit is located in an area that is inaccessible to customers; or
• In accordance with the mail order, internet, and remote sales of kratom products requirements in s. 500.93,
F.S. (Section 1)
The bill prohibits kratom products from being sold, given, bartered, furnished, or delivered to consumers at
festivals, fairs, trade shows, farmers markets, expositions, or pop-up retail establishments except under certain
circumstances.
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3
The bill creates a graduated schedule of penalties for violations and the prohibition on underage sales, as follows:
• First offense: Second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S., F.S.
• Second offense within 12 months of the first offense: First degree misdemeanor, punishable as
provided in s. 775.082 or s. 775.083, F.S.
• Third or subsequent offense within 12 months of the second offense: Felony of the third-degree,
punishable as provided in s. 775.082 or s. 775.083, F.S. (Section 1)
DACS is also authorized to take any of the following actions against any person licensed or permitted for a
violation: place on probation or reprimand the licensee or permit, revoke, suspend, or deny the issuance or
renewal of the license or permit, impose an administrative fine not to exceed $5,000 per violation or assess costs
associated with investigation and prosecution. (Section 1)
The bill requires DACS to enforce these provisions, and requires every state attorney, sheriff, police officer, and
other appropriate county or municipal officer to enforce, or assist DACS in enforcement. (Section 1)
Mail order, Internet, Remote Sales, and Age Verification
The bill provides the following definitions:
• "Consumer" means a person in the state who comes into possession of any kratom product who, at the time
of possession, is not intending to sell or distribute the kratom product, or is not a retailer.
• "Delivery sale" means any sale of a kratom product to a consumer in the state for which:
o The consumer submits the order for the sale by telephonic or other voice transmission, mail,
delivery service, or the Internet or other online service; or
o The kratom product is delivered by use of mail or a delivery service.
• "Delivery service" means any person engaged in the commercial delivery of letters, packages, or other
containers.
• "Legal minimum purchase age" means the minimum age at which an individual may legally purchase
kratom products in the state.
• "Retailer" has the same meaning as provided in s. 581.217, F.S.
• "Shipping container" means a container in which kratom product is shipped in connection with a delivery
sale.
• "Shipping document" means a bill of lading, airbill, United States Postal Service form, or any other
document used to verify the undertaking by a delivery service to deliver letters, packages, or other
containers.
• “Kratom Product” has the same meaning as provided in s. 500.92.
• “Wholesaler” has the same meaning as provided in s. 500.92. (Section 2)
The bill provides that:
• The sale of kratom products constitutes a delivery sale, as defined, and is a delivery sale regardless of
whether the person accepting the order for the delivery sale is located inside or outside the state.
• A retailer is required to obtain a food permit from DACS under the Florida Food Safety Act before accepting
an order for a delivery sale.
• A person may not make a delivery sale of kratom product to any individual who is not 21 years of age or
older.
• Each person accepting an order for a delivery sale must comply with the:
o Age verification requirements.
o Disclosure requirements.
o Shipping requirements. (Section 2)
The bill prohibits mailing, shipping, or otherwise delivering kratom products in connection with an order for a
delivery sale unless, before the first delivery to the consumer, the person accepting the order:
• Obtains from the person submitting the order a certification that includes:
o Reliable confirmation that the person is 21 years of age or older; and
o A statement signed by the person in writing and under penalty of perjury which:
Certifies the address and date of birth of the person; and
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4
Confirms that the person wants to receive delivery sales from a kratom product retailer and
understands that, under the laws of the state, the following actions are illegal:
• Signing another person's name to the certification;
• Selling kratom products to individuals who are not 21 years of age or older; and
• Purchasing kratom products, if the person making the purchase is not 21 years of
age or older.
• Makes a good faith effort to verify the information contained in the certification provided by the individual
against a commercially available database that may be reasonably relied upon for accurate age information
or obtains a photocopy or other image of a valid government-issued identification card stating the date of
birth or age of the individual.
• Provides to the individual, via electronic mail or other means, a notice.
• If an order for kratom products is made pursuant to an advertisement on the Internet, receives payment for
the delivery sale from the consumer by a credit or debit card issued in the name of the consumer, or by
personal or company check of the consumer.
• Submits, to each credit card acquiring company with which the person has credit card sales, identification
information in an appropriate form and format so that the words "kratom product" may be printed in the
purchaser's credit card statement when a purchase of kratom products is made by credit card payment.
• Makes a telephone call after 5 p.m. to the purchaser confirming the order before shipping the kratom
product. The telephone call may be a person-to-person call or a recorded message. The person accepting
the order for delivery sale is not required to speak directly with a person and may leave a message on an
answering machine or through voice mail. (Section 2)
In addition to these shipping requirements, a person accepting an order for a delivery sale is authorized to request
that a consumer provide an electronic mail address. (Section 2)
The bill requires the pre delivery shipping notice to include prominent and clearly legible statements that sales of
kratom products are:
• Illegal if made to individuals who are not 21 years of age or older.
• Restricted to those individuals who provide verifiable proof of age. (Section 2)
The bill requires each person who mails, ships, or otherwise delivers kratom products in connection with an order
for a delivery sale to:
• Ship the kratom product in a container that complies with the container requirements in s. 500.92, F.S.
• Include as part of the shipping documents, in a clear and conspicuous manner, the following statement:
"Kratom product: Florida law prohibits shipping to individuals under 21 years of age."
• Use a method of mailing, shipping, or delivery which obligates the delivery service to require proof that the
individual accepting the order for the delivery sale is 21 years of age or older and resides at the address
listed on the order label, by reviewing a valid, government-issued identification card bearing a photograph
of the individual who signs to accept delivery of the shipping container. (Section 2)
If the person accepting a purchase order for a delivery sale delivers the kratom product without using a delivery
service, the person must comply with all of the requirements which apply to a delivery service. Any failure to
comply constitutes a violation. (Section 2)
The delivery sale provisions do not apply to delivery sales of kratom products to a retailer or wholesaler. (Section
2)
The bill provides that an individual 21 years of age or older who knowingly violates any provision of the shipping
requirements commits a second degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083, F.S., and
the Attorney General, or a state attorney may bring an action to prevent or restrain violations. (Section 2)
Seizure and Destruction of Contraband Kratom Products
The bill provides that kratom products sold, offered for sale, delivered, or distributed contrary to any provision of
ss. 500.92-500.93, F.S., of the Florida Kratom Consumer Protection Act:
• Are declared to be contraband;
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5
• Are subject to seizure and confiscation under the Florida Contraband Forfeiture Act by any person whose
duty it is to enforce those sections; and
• Must be disposed of as follows:
o A court having jurisdiction must order such kratom products forfeited upon a showing that, by a
preponderance of the evidence, such devices were sold, offered for sale, delivered, or distributed
contrary to any provision of ss. 500.92-500.93, F.S. Once any chapter 120, F.S. proceedings related
to such products have been completed, the court must order any seized kratom products destroyed
except as provided by applicable court orders. A record of the place where such products were
seized, the kinds and quantities of such products destroyed, and the time, place, and manner of the
destruction of such products must be kept, and a return under oath reporting the destruction must
be made to the court by the officer who destroys such products.
o DACS or seizing law enforcement agency must keep a full and complete record of all products
seized under this section showing:
The exact kinds, quantities, and forms of such products;
The persons from whom such products were seized and to whom they were delivered;
By whose authority such products were seized, delivered, and destroyed; and
The dates of the seizure, disposal, or destruction of such products.
o Such record must be open to inspection by all persons charged with the enforcement of ss. 500.92-
500.93, F.S.
o The cost of seizure, confiscation, and destruction of contraband kratom products is borne by the
person from whom such products are seized.
o Except as otherwise provided, the procedures of the Florida Contraband Forfeiture Act apply to this
Act.
o Kratom products has the same meaning as provided in s. 500.92, F.S. (Section 3)
Ingesting Kratom Products Near School Property
The bill prohibits ingesting kratom products in, on, or within 1,000 feet of the real property comprising a public or
private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. This section does not
apply to any person occupying a moving vehicle or within a private residence. (Section 4)
The bill authorizes law enforcement officers to issue a citation as prescribed by a county or municipality for
violations, that include:
• The date and time of issuance.
• The name and address of the person cited.
• The date and time the civil infraction was committed.
• The statute violated.
• The facts constituting the violation.
• The name and authority of the law enforcement officer.
• The procedure for the person to follow to pay the civil penalty, to contest the citation, or to appear in court.
• The applicable civil penalty if the person elects not to contest the citation.
• The applicable civil penalty if the person elects to contest the citation. (Section 4)
The bill provides that such citations are deemed a civil infraction punishable by a maximum civil penalty of $25, or
50 hours of community service or, where available, successful completion of a school-approved anti-drug
"alternative to suspension" program. (Section 4)
The bill provides that failure to comply with the citation is deemed as a waiver of the right to contest the citation
and an order to show cause may be issued by the court. (Section 4)
Division of Alcoholic Beverages and Tobacco
The bill authorizes:
• An alcoholic beverage vendor licensed to operate a place of business where beverages are sold only in
sealed containers for consumption off the premises (package store licensee) to sell kratom products in
accordance with the Florida Kratom Consumer Protection Act. (Section 5)
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6
• An alcoholic beverage quota licensee to sell kratom products in accordance with the Florida Kratom
Consumer Protection Act. (Section 6)
• The Department of Business and Professional Regulation (DBPR) Division of Alcoholic Beverages and
Tobacco (ABT) to discipline the permit of a retail tobacco products dealer, or a retail nicotine products
dealer, for violations of the Florida Kratom Consumer Protection Act. (Section 7 and 8)
Effective Date
The effective date of the bill is January 1, 2026. (Section 9)
RULEMAKING:
The bill requires DACS to adopt rules:
• Establishing standards for certification of independent testing laboratories.
• For the testing of kratom products.
• A procedure for initial certification and biennial renewal.
The bill requires the Department of Health to assist DACS in developing rules for the certification of independent
testing laboratories.
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:
Indeterminate. The bill may increase expenditures and revenues for DACS and DBPR, 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. 1 The leaves are crushed and then smoked, brewed with tea, or placed into
gel capsules. 2 Consumption of kratom leaves can produce stimulant and sedative effects, and may also lead to
psychotic symptoms. 3
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. 4 Low doses of kratom are said to produce a stimulant
effect, while higher doses may produce an opioid-like effect. 5 Additionally, research points to the potential for
1
Drug Enforcement Administration, Kratom (April 2020), https://www.dea.gov/sites/default/files/2020-06/Kratom-2020_0.pdf (last
visited Feb. 10, 2026).
2
Id.
3
Id.
4
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 10, 2026).
5
Fluyau and Neelambika, supra note 6.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
7
further development of mitragynine and the use of kratom as a harm reduction agent. 6 Even so, the toxicity of
kratom remains a topic of discussion, as well as its potential to cause herb-drug interactions and even be involved
in fatalities. 7 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. 8
According to the FDA, 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. 9
In December 2023, a Tampa Bay Times analysis of medical examiner reports identified 587 Florida overdose
deaths involving kratom since 2013. 10
Florida Kratom Consumer Protection Act of 2023
In 2023, the Legislature enacted the Florida Kratom Consumer Protection Act, 11 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. 12
The Florida Department of Agriculture and Consumer Services (DACS) is required to adopt rules to implement the
act. The rules include the following requirements: 13
• Each establishment distributing products consisting of or containing kratom products must be permitted as
a Food Establishment pursuant 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.14
State and Federal Prohibitions
Currently, kratom is not listed as a controlled substance under federal law or Florida law. In 2016, the U.S. Drug
Enforcement Administration (DEA) submitted a notice of intent to place kratom into Schedule I of the Controlled
6
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. 10, 2026).
7
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. 10, 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.
8
NAT’L CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH, Kratom, https://www.nccih.nih.gov/health/kratom (last visited
Feb. 10, 2026).
9
U.S. Food & Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Feb. 10, 2026).
10 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. 10, 2026).
11
Ch. 2023-182, Laws of Fla.
12
S. 500.92, F.S.
13
R. 5K-4.030, F.A.C.
14
Id.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
8
Substances Act (CSA) based on abuse potential and risk to public health. 15 However, the DEA withdrew the notice a
few months later based on public comments. 16 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. 17 The
DEA continues to label kratom as a drug of concern. 18
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. 19 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. 20
In 2015, the FDA issued an import alert 21 that labels kratom as an adulterating ingredient. 22 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. 23 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. 24
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. 25
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. 26 The rule and a superseding emergency rule, 27 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. 28
In 2014, Sarasota County banned kratom, labeling it as a designer drug. 29 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.
15
81 FR 59929.
16
81 FR 70652
17
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. 10,
2026).
18
U.S. Drug Enforcement Administration, Kratom, https://www.dea.gov/factsheets/kratom (last visited Mar. 28, 2025).
19
U.S. Food and Drug Administration, FDA and Kratom, https://www.fda.gov/news-events/public-health-focus/fda-and-kratom (last
visited Mar. 25, 2025).
20
Id.
21
U.S. Food and Drug Administration, Import Alert 54-15, Import Alert 54-15 (fda.gov) (last visited Feb. 10, 2026).
22
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.
23
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. 10, 2026).
24
Id.
25
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.)
26 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).
27 R. 2ER25-3, F.A.C.
28 S. 893.03(1), F.S.
29
See Sarasota, FL., Code of Ordinances, Sec. 62-351 (2014).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
9
Kratom is illegal in Alabama, 30 Arkansas, 31 Indiana, 32 Louisiana, 33 Vermont, 34 Washington D.C., and Wisconsin. 35
Other states such as Arizona, 36 Georgia, 37 Rhode Island, 38 Texas, 39 and Utah 40 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,
30
See Alabama Public Health, Controlled Substance List (Jan. 20, 2021),
https://www.alabamapublichealth.gov/blog/assets/controlledsubstanceslist.pdf (last visited Feb. 10, 2026).
31
See Arkansas Department of Health, List of Controlled Substances, available at
https://codeofarrules.arkansas.gov/Rules/PartDocument?partID=705 (last visited Feb. 2, 2026).
32
See IC 35-31.5-2-321.
33 See Louisiana Department of Revenue, New penalties for Kratom in effect Aug. 1, Louisiana Department of Revenue, (last visited
Feb. 10, 2026).
34
See Vt. Admin. Code 12-5-23:4.0.
35
See W.S.A. 961.14.
36
See AZ Rev Stat § 36-795.02.
37
See GA Code § 16-13-121.
38 Rhode Island Kratom Act, webserver.rilegislature.gov/Statutes/TITLE21/21-28.12/21-28.12-3.htm (last visited Feb.
10, 2026).
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, https://www.congress.gov/crs-
product/LSB11082 (last visited Feb. 10, 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,
https://www.everycrsreport.com/reports/R43609.html (last visited Feb. 10, 2026).
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
10
• Debarment,
• Civil money penalties,
• Seizure of products,
• Injunctions, and
• Criminal prosecution.
Florida Food Safety Act
The purpose of the Florida Food Safety Act (Act) 46 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, 47 Agriculture Marketing Act of 1946, 48 and Federal
Trade Commission Act. 4950
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. 51 The division accomplishes this through the
permitting 52 and inspection53 of food establishments, 54 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. 55 The
Division also proactively monitors food from manufacturing and distribution to retail. 56
As part of its responsibilities, DACS can impose a variety of disciplinary actions against food establishments for
specified violations. 57 This includes, but is not limited to, revoking or suspending 58 the permit of a food
establishment or imposing Class II 59 administrative fines. 60 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. 61
Many FDA regulations have been adopted as rules of the division. 62
The following are examples when food is deemed adulterated: 63
• 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;
46
See ch. 500, F.S.
47
21 U.S.C. §§ 301-399d.
48
7 U.S.C. §§ 1621-1629.
49
5 U.S.C. §§ 41-58, as amended.
50
S. 500.02, F.S.
51
FDACS, Division of Food Safety, https://www.fdacs.gov/Divisions-Offices/Food-Safety (last visited Feb. 10, 2026).
52
S. 500.12, F.S.
53
S. 500.147, F.S.
54
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.
55
S. 500.09(6), F.S.
56
S. 500.81(3)(b)1., F.S.
57
S. 500.121, F.S.
58
Id.
59
The fine for each Class II violation cannot exceed $5,000. S. 570.971(1)(b), F.S.
60
S. 500.121, F.S.
61
S. 500.172, F.S.
62
R. 5K-4.002, F.A.C.
63
S. 500.10, F.S.
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11
• 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. 64
DACS may inspect food that may be adulterated or misbranded; 65 seize food that is adulterated or misbranded; 66
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; 67 and impose a fine for adulterated or misbranded food, not
to exceed $5,000 68 per violation. 69
Florida Contraband Forfeiture Act
The Florida Contraband Forfeiture Act 70 prescribes procedures for law enforcement agencies to follow when
seizing, forfeiting, and disposing of property under the act. Property may only be seized if the owner of the
property is arrested for a criminal offense that forms the basis for determining that the property is a contraband
article, or if one of the following circumstances apply: 71
• The owner of the property cannot be identified after a diligent search, or the person in possession of the
property denies ownership and the owner of the property cannot be identified by means that are available
to the employee or agent of the seizing agency at the time of the seizure;
• The owner of the property is a fugitive from justice or is deceased;
• An individual who does not own the property is arrested for a criminal offense that forms the basis for
determining that the property is a contraband article and the owner of the property had actual knowledge
of the criminal activity;
• The owner of the property agrees to be a confidential informant; or
• The property is a monetary instrument.
Florida Clean Indoor Air ACT
The FCIAA prohibits any person under the age of 21 from smoking tobacco or vaping within 1,000 feet of a public
or private elementary, middle, or secondary school between the hours of 6 a.m. and midnight. A violation of this
prohibition is punishable by a maximum noncriminal civil penalty not to exceed $25, 50 hours of community
service or, where available, successful completion of a school-approved anti-tobacco “alternative to suspension.” 72
Division of Alcoholic Beverages and Tobacco
The Division of Alcoholic Beverages and Tobacco (ABT) within the Department of Business and
Professional Regulation (DBPR) is the state agency responsible for the regulation and enforcement of alcoholic
beverages, tobacco products, and nicotine products. Alcoholic beverages are regulated by the Beverage Law, 73
which governs the manufacture, distribution, and sale of wine, beer, and liquor by manufacturers, distributors, and
vendors. 74 Tobacco and nicotine products are regulated by the tobacco and nicotine products law, which governs
the purchasing, possessing, and regulation of the marketing, sale, or delivery by manufacturers and dealers. 75
64
S. 500.11(1)(n), F.S.; 21 U.S.C. s. 343 (r)(6)(C.
65
S. 500.147(1), F.S.
66
S. 500.173, F.S.
67
S. 500.12(4), F.S.
68
S. 570.971(1)(b), F.S.
69
S. 500.121, F.S.
70 Ss. 932.701-932.7062, F.S.,
71 S. 932.703(1), F.S.
72 S. 386.212, F.S.
73 S. 561.01(6), F.S., provides that the “The Beverage Law” means chs. 561, 562, 563, 564, 565, 567, and 568, F.S.
74 See s. 561.14, F.S.
75 See ch. 569, F.S.
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12
Tobacco and Nicotine Product Retailers
In order to sell tobacco products or nicotine products at retail in Florida, a person must obtain a retail tobacco
products dealer permit or retail nicotine products dealer permit from the Division. A person must obtain a
permit for each place of business or premises where tobacco or nicotine products are sold. 76
The Division may discipline a tobacco retailer or nicotine product retailer’s permit for violating any of the
provisions relating to the retail sale of such products. Such discipline includes administrative fines up to $1,000
and suspension or revocation of a permit. 77
However, the Division may not discipline a tobacco retailer or nicotine product retailer’s permit for other
violations of the law, including violating the state hemp program.
Package Stores
A package store is a vendor operating a place of business where beverages are sold only in sealed containers for
consumption off the premises. 78 Package stores may not sell, offer, or expose for sale any merchandise other than
such beverages, and such places of business must be devoted exclusively to such sales. However, package stores
may sell, in addition to alcoholic beverages: 79
• bitters,
• grenadine,
• nonalcoholic mixer-type beverages,
• fruit juices produced in this state,
• home bar, and party supplies and equipment,
• miniatures of no alcoholic content, and
• tobacco products.
Quota Licensees
Currently, there is not a limit on the number of licenses the Division may issue to businesses selling malt
beverages or wine. However, the law limits the number of licenses for selling distilled spirits to one license per
7,500 residents within the county with a minimum of three licenses per county for counties that have approved the
sale of intoxicating liquors. These licenses are known as quota licenses and are the only type of alcoholic beverage
license that is limited in number. 80
Current law limits the types of items quota licensees may sell. Currently, quota licensees may only sell alcoholic
beverages, bitters, grenadine, nonalcoholic mixer-type beverages, fruit juices, party supplies, party-type foods,
miniatures of no alcoholic content, nicotine products, and tobacco products. If the quota licensee allows for the
consumption of alcohol on the licensee’s establishment then they may also sell items customarily sold in a
restaurant. 81
Current law does not prohibit quota licensees from selling products containing kratom; however, it also does not
specifically allow it.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/HB 179 Andrade Gruters The bill became law on July 1,
2023
76 Ss. 569.003 and 569.32, F.S.
77 Ss. 569.006 and 569.35, F.S.
78 S. 565.02(1)(a), F.S.
79 S. 565.04, F.S.
80 S. 561.20, F.S.
81 S. 565.045, F.S.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
13
OTHER RESOURCES:
United States Drug Enforcement Administration, Kratom
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
IOrig. Comm.: Industries & Anstead Miralia
Professional
I- --- Activities
--
Subcommittee
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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1 A bill to be entitled
2 An act relating to kratom; amending s. 500.92, F.S.;
3 including additional provisions in the Florida Kratom
4 Consumer Protection Act; providing definitions;
5 requiring the Department of Agriculture and Consumer
6 Services to certify certain laboratories; providing
7 for the distribution and retail sale of kratom
8 products; revising and providing penalties;
9 authorizing the department to take certain actions
10 against licensees and permittees; providing
11 jurisdiction for certain law enforcement agencies;
12 creating s. 500.93, F.S.; providing definitions;
13 providing for mail order, Internet, and remote sales
14 of kratom products; providing applicability; providing
15 penalties; creating s. 500.94, F.S.; providing for the
16 seizure and destruction of contraband kratom products;
17 creating s. 500.95, F.S.; prohibiting the ingestion of
18 kratom products near school properties; providing
19 exceptions; providing penalties; amending ss. 565.04
20 and 565.045, F.S.; authorizing specified businesses to
21 sell kratom products; amending ss. 569.006 and 569.35,
22 F.S.; conforming provisions to changes made by the
23 act;; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
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26
27 Section 1. Section 500.92, Florida Statutes, is amended to read:
28 500.92 Florida Kratom Consumer Protection Act.—
29 (1) SHORT TITLE.—Sections 500.92-500.95 This section may
30 be cited as the "Florida Kratom Consumer Protection Act."
31 (2) DEFINITIONS.—As used in this act section, the term:
32 (a) "Attractive to children" means manufactured in the
33 shape of or packaged in containers or packages displaying
34 humans, or animals, that are featured in a manner other than
35 their natural form and are in a form commonly known to appeal
36 primarily to children, toys or cartoons that are featured in any
37 manner, or any other forms that have similar features to humans,
38 cartoons, animals or toys that target children; manufactured in
39 a form or packaged in a container or package that bears any
40 reasonable resemblance to an existing candy or snack product
41 that is familiar to the public; or manufactured in a form or
42 packaged in a container or package that bears any reasonable
43 resemblance to a branded food product such that the product
44 could be mistaken for the branded food product, especially by
45 children.
46 (b) "Contaminants unsafe for human consumption" includes,
47 but is not limited to, any microbe, fungus, yeast, mildew,
48 herbicide, pesticide, fungicide, residual solvent, metal, or
49 other contaminant found in any amount that exceeds any of the
50 accepted limitations as determined by rules adopted by the
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51 Department of Health in accordance with s. 381.986, or other
52 limitation pursuant to the laws of this state, whichever amount
53 is less.
54 (c) "Independent testing laboratory" means a laboratory
55 that:
56 1. Does not have a direct or indirect interest in the
57 entity whose product is being tested;
58 2. Does not have a direct or indirect interest in a
59 facility that cultivates, processes, distributes, dispenses, or
60 sells kratom products in this state or in another jurisdiction
61 or cultivates, processes, distributes, dispenses, or sells
62 marijuana, as defined in s. 381.986(1); and
63 3. Is certified by the Department of Health as a medical
64 marijuana testing laboratory pursuant to s. 381.988 or is
65 certified by the department pursuant to subsection (3) as being
66 substantially equivalent to a medical marijuana testing
67 laboratory.
68 (d) "Kratom product" means a food product, food
69 ingredient, dietary ingredient, dietary supplement, or beverage
70 intended for human consumption which contains any part of the
71 leaf of the plant Mitragyna speciosa or an extract, synthetic
72 alkaloid, or synthetically derived compound of such plant and is
73 manufactured as a powder, capsule, pill, beverage, or other
74 edible form.
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75 (e) "Manufacturer" means any person or entity that engages
76 in the process of manufacturing, preparing, or packaging kratom
77 products.
78 (f) "Retailer" means any person or entity that sells
79 kratom products to consumers.
80 (g) "Wholesaler" means any person or entity located within
81 or outside this state which delivers or sells products
82 containing kratom to retailers or other persons in this state
83 for purposes of resale.
84 (3) CERTIFICATION OF LABORATORIES. —
85 (a) The department must certify any laboratory located
86 within this state or another state which meets the
87 qualifications of an independent testing laboratory. However, a
88 medical marijuana testing laboratory certified pursuant to s.
89 381.988 is not required to receive certification by the
90 department.
91 (b) The department must adopt rules establishing the
92 standards for certification of independent testing laboratories
93 and testing kratom products in accordance with this section. The
94 Department of Health must assist the department in developing
95 rules for the certification of independent testing laboratories,
96 which must include, but are not limited to:
97 1. Security standards.
98 2. Minimum standards for personnel.
99 3. Sample collection methods and process standards.
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100 4. Proficiency testing for Mitragynine, 7-
101 hydroxymitragynine, and contaminants unsafe for human
102 consumption, as determined by department rule.
103 5. Reporting content, format, and frequency.
104 6. Audits and onsite inspections.
105 7. Quality assurance.
106 8. Equipment and methodology.
107 9. Chain of custody.
108 10. Any other standard the department deems necessary.
109 (c) The department shall adopt rules establishing a
110 procedure for initial certification and biennial renewal. The
111 department shall renew the certification biennially if the
112 laboratory meets the requirements of this section or any rules
113 adopted under this subsection.
114 (d) The department shall publish on its website a list of
115 all laboratories that have received certification.
116 (e) The department may refuse to issue or renew, or may
117 suspend or revoke, the certification of an independent testing
118 laboratory that is found to be in violation of this section or
119 any rules adopted by the department.
120 (f) A laboratory that receives certification from the
121 department under this subsection agrees to random unannounced
122 audits and onsite inspections by the department or its agents.
123 (4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.—
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124 (a) Kratom products may only be distributed and sold in
125 this state if all of the following conditions are met:
126 1. The kratom product:
127 a. Is not adulterated with a dangerous non-kratom
128 substance affecting the quality or strength of the product to a
129 degree that renders the product injurious to a consumer.
130 b. Is not contaminated with contaminants unsafe for human
131 consumption or an otherwise deleterious non-kratom substance,
132 including a controlled substance;
133 c. Contains a level of 7-hydroxymitragynine in the
134 alkaloid fraction that is no more than 2 percent of the overall
135 alkaloid composition of the product; and
136 d. Does not contain any synthetic alkaloids, including
137 synthetic 7-hydroxymitragynine and synthetically derived
138 compounds from a plant of the Mitragyna speciosa.
139 2. The kratom product is tested by the manufacturer, the
140 wholesaler, and the retailer by an independent testing
141 laboratory and the laboratory's certificate of analysis states
142 the kratom product was tested for:
143 a. Synthetic alkaloids.
144 b. 7-hydroxymitragynine.
145 c. Heavy metals.
146 d. Mycotoxins.
147 e. Pesticides.
148 f. Potency.
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149 g. Residual solvents.
150 h. Any other controlled substance.
151 i. Any other substance the department deems necessary.
152 3. The kratom product is distributed or sold in a
153 container that includes:
154 a. A scannable barcode or quick response code linked to
155 the certificate of analysis of the kratom product;
156 b. The kratom product testing number; and
157 c. The expiration date of the kratom product.
158 d. The total number of milligrams of alkaloids in the
159 container and package and the number of milligrams of alkaloids
160 per serving in a clear and conspicuous manner.
161 e. The toll-free telephone number for the national Poison
162 Help line.
163 f. The total number of servings of the product.
164 4. The kratom product is distributed or sold in a
165 container that:
166 a. Is suitable to contain products for human consumption;
167 b. Is composed of materials designed to minimize exposure
168 to light;
169 c. Mitigates exposure to high temperatures;
170 d. Is a single color and not transparent. However, the
171 universal symbol, scannable barcode, quick response code, and
172 any text must be a different color than the container and
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173 package, and any text must be in black or white. This sub-
174 subparagraph does not apply to beverage containers and packages;
175 e. Does not contain any pictures or images other than a
176 single logo. The logo may not be attractive to children and may
177 not cover more than 20 percent of the container or package. This
178 sub-subparagraph does not apply to beverage containers and
179 packages. However, beverage containers and packages may not
180 contain a logo that is attractive to children;
181 f. Does not contain any text, pictures, or images that
182 directly or indirectly markets the product as causing or may
183 cause an intoxicating or psychotropic effect. This sub-
184 subparagraph does not apply to the warning and symbol
185 requirements provided in sub-subparagraphs g. and i.
186 g. Contains a universal symbol developed by the department
187 which indicates the presence of kratom;
188 h. Is not attractive to children;
189 i. Contains a clear and conspicuous warning developed by
190 the department that the product is a kratom product; and
191 j. Is compliant with the United States Poison Prevention
192 Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without
193 regard to provided exemptions. For purposes of this sub-
194 subparagraph, a beverage in a sealed container is considered
195 compliant with the United States Poison Prevention Packaging Act
196 of 1970, 15 U.S.C. ss. 1471 et seq. However, for purposes of
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197 this sub-subparagraph, a beverage in a sealed container is
198 considered compliant.
199 (b) A wholesaler or retailer is not required to test its
200 kratom product in accordance with paragraph (a) if the product:
201 1. Is packaged in a manner that may be sold to the
202 consumer when the wholesaler or retailer receives the product
203 from the manufacturer or wholesaler;
204 2. Was tested in accordance with this paragraph by the
205 manufacturer or wholesaler; and
206 3. Has not been opened by the wholesaler or retailer.
207 (c) The retail sale and delivery of kratom products is
208 prohibited, except:
209 1. At an establishment that has a food permit from the
210 department and prohibits the presence of persons under 21 years
211 of age on the establishment's premises;
212 2. At an establishment that has a food permit from the
213 department and a quota license issued under s. 565.02(1)(a)-(f).
214 An establishment with a quota license issued under s.
215 565.02(1)(a)-(f) which allows the presence of persons under 21
216 years of age on the establishment's premises must place kratom
217 products, not including beverages, in an area inaccessible to
218 customers. Such an establishment may place kratom products, not
219 including beverages, in an open display unit as long as the unit
220 is located in an area that is inaccessible to customers; or
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221 3. In accordance with the mail order, Internet, and remote
222 sales of kratom products requirements in s. 500.93.
223 (d) Kratom products may not be sold, given, bartered,
224 furnished, or delivered to consumers at wholesale. Kratom
225 products may not be sold, given, bartered, furnished, or
226 delivered to consumers at festivals, fairs, trade shows,
227 farmers' markets, expositions, or pop-up retail establishments
228 unless the festival, fair, trade show, farmers' market,
229 exposition, or pop-up retail establishment prohibits persons
230 under 21 years of age from attending and every retailer selling
231 kratom products at the festival, fair, trade show, farmers'
232 market, exposition, or pop-up retail establishment has a food
233 permit from the department.
234 (5)(3) AGE RESTRICTION.—It is unlawful to sell, deliver,
235 barter, furnish, or give, directly or indirectly, any kratom
236 product to a person who is under 21 years of age.
237 (6)(4) PENALTIES.—A person who violates subsection (4) or
238 subsection (5) commits a misdemeanor of the second degree,
239 punishable as provided in s. 775.082 or s. 775.083 for the first
240 offense. A person who commits a second offense within 12 months
241 after the first offense commits a misdemeanor of the first
242 degree, punishable as provided in s. 775.082 or s. 775.083. A
243 person who commits a third or subsequent offense within 12
244 months after the second offense commits a felony of the third-
245 degree, punishable as provided in s. 775.082 or s. 775.083. A
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246 violation of subsection (3) is a misdemeanor of the second
247 degree, punishable as provided in s. 775.082 or s. 775.083.
248 (7) DEPARTMENTAL ACTION.—In addition to any other
249 penalties provided by law, the department may take any of the
250 following actions against any person licensed or permitted by
251 the department for a violation of this section:
252 (a) Place on probation or reprimand the licensee or
253 permitee or send a letter of guidance;
254 (b) Revoke, suspend, or deny the issuance or renewal of
255 the license or permit; or
256 (c) Impose an administrative fine not to exceed $5,000 per
257 violation and assess costs associated with investigation and
258 prosecution.
259 (8) ENFORCEMENT.—The department shall enforce this
260 section. Every state attorney, sheriff, police officer, and
261 other appropriate county or municipal officer shall enforce, or
262 assist any agent of the department in enforcing, this section
263 and rules adopted by the department.
264 (9)(5) RULES.—The department shall adopt rules to
265 administer this section.
266 Section 2. Section 500.93, Florida Statutes, is created to
267 read:
268 500.93 Mail order, Internet, and remote sales of kratom
269 products; age verification.—
270 (1) As used in this section, the term:
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271 (a) "Consumer" means a person in this state who comes into
272 possession of any kratom products and who, at the time of
273 possession, does not intend to sell or distribute the kratom
274 products and is not a retailer.
275 (b) "Delivery sale" means any sale of kratom products to a
276 consumer in this state for which:
277 1. The consumer submits the order for the sale by
278 telephonic or other voice transmission, mail, delivery service,
279 or the Internet or other online service; or
280 2. The kratom products are delivered by use of mail or a
281 delivery service.
282 (c) "Delivery service" means any person engaged in the
283 commercial delivery of letters, packages, or other containers.
284 (d) "Legal minimum purchase age" means the minimum age at
285 which a person may legally purchase kratom products in this
286 state.
287 (e) "Shipping container" means a container in which kratom
288 products are shipped in connection with a delivery sale.
289 (f) "Shipping document" means a bill of lading, airbill,
290 United States Postal Service form, or any other document used to
291 verify the undertaking by a delivery service to deliver letters,
292 packages, or other containers.
293 (2)(a) A sale of kratom products constituting a delivery
294 sale under paragraph (1)(b) is a delivery sale regardless of
295 whether the person accepting the order for the delivery sale is
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296 located within or outside this state.
297 (b) A retailer must obtain a food permit from the
298 department under chapter 500 before accepting an order for a
299 delivery sale.
300 (c) A person may not make a delivery sale of kratom
301 product to any person who is not 21 years of age or older.
302 (d) Each person accepting an order for a delivery sale
303 must comply with each of the following:
304 1. The age verification requirements set forth in
305 subsection (3).
306 2. The notice requirements set forth in subsection (4).
307 3. The shipping requirements set forth in subsection (5).
308 (3) A person may not mail, ship, or otherwise deliver
309 kratom products in connection with an order for a delivery sale
310 unless, before the first delivery to the consumer, the person
311 accepting the order for the delivery sale:
312 (a) Obtains from the person submitting the order a
313 certification that includes:
314 1. Reliable confirmation that the person is 21 years of
315 age or older; and
316 2. A statement signed by the person in writing and under
317 penalty of perjury which:
318 a. Certifies the address and date of birth of the person;
319 and
320 b. Confirms that the person wants to receive delivery
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321 sales from a kratom product retailer and understands that, under
322 the laws of the state, the following actions are illegal:
323 (I) Signing another person's name to the certification;
324 (II) Selling kratom products to persons who are not 21
325 years of age or older; and
326 (III) Purchasing kratom products if the person making the
327 purchase is not 21 years of age or older.
328 (b) Makes a good faith effort to verify the information
329 contained in the certification provided by the person under
330 paragraph (a) against a commercially available database that may
331 be reasonably relied upon for accurate age information or
332 obtains a photocopy or other image of a valid government-issued
333 identification card stating the date of birth or age of the
334 person.
335 (c) Provides to the person, by e-mail or other means, a
336 notice meeting the requirements of subsection (4).
337 (d) If an order for kratom products is made pursuant to an
338 advertisement on the Internet, receives payment for the delivery
339 sale from the consumer by a credit or debit card issued in the
340 name of the consumer, or by personal or company check of the
341 consumer.
342 (e) Submits, to each credit card acquiring company with
343 which the person has credit card sales, identification
344 information in an appropriate form and format so that the words
345 "kratom product" may be printed in the purchaser's credit card
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346 statement when a purchase of kratom products is made by credit
347 card payment.
348 (f) Makes a telephone call after 5 p.m. to the purchaser
349 confirming the order before shipping the kratom products. The
350 telephone call may be a person-to-person call or a recorded
351 message. The person accepting the order for delivery sale is not
352 required to speak directly with a person and may leave a
353 recorded message.
354
355 In addition to the requirements of this subsection, a person
356 accepting an order for a delivery sale may request that a
357 consumer provide an e-mail address.
358 (4) The notice described in paragraph (3)(c) must include
359 prominent and clearly legible statements that sales of kratom
360 products are:
361 (a) Illegal if made to persons who are not 21 years of age
362 or older.
363 (b) Restricted to those persons who provide verifiable
364 proof of age in accordance with subsection (3).
365 (5) Each person who mails, ships, or otherwise delivers
366 kratom products in connection with an order for a delivery sale
367 must:
368 (a) Ship the kratom products in a container that complies
369 with the container requirements in s. 500.92.
370 (b) Include as part of the shipping documents, in a clear
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371 and conspicuous manner, the following statement: "Kratom
372 product: Florida law prohibits shipping to persons under 21
373 years of age."
374 (c) Use a method of mailing, shipping, or delivery which
375 obligates the delivery service to require proof that the person
376 accepting the order for the delivery sale is 21 years of age or
377 older and resides at the address listed on the order label, by
378 reviewing a valid government-issued identification card bearing
379 a photograph of the person who signs to accept delivery of the
380 shipping container.
381
382 If the person accepting a purchase order for a delivery sale
383 delivers the kratom products without using a delivery service,
384 the person must comply with all of the requirements of this
385 section which apply to a delivery service. Any failure to comply
386 with a requirement of this section constitutes a violation
387 thereof.
388 (6) This section does not apply to delivery sales of
389 kratom products to a retailer or wholesaler.
390 (7) A person 21 years of age or older who knowingly
391 violates any provision of this section commits a misdemeanor of
392 the second degree, punishable as provided in s. 775.082 or s.
393 775.083.
394 (8) The Attorney General, the Attorney General's designee,
395 or a state attorney may bring an action in the appropriate court
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396 in the state to prevent or restrain violations of this section
397 by any person.
398 Section 3. Section 500.94, Florida Statutes, is created to
399 read:
400 500.94 Seizure and destruction of contraband kratom
401 products.—All kratom products sold, offered for sale, delivered,
402 or distributed contrary to any provision of s. 500.92 or s.
403 500.93 are declared to be contraband, are subject to seizure and
404 confiscation under the Florida Contraband Forfeiture Act by any
405 person whose duty it is to enforce those sections, and must be
406 disposed of as follows:
407 (1) A court having jurisdiction shall order such kratom
408 products forfeited upon a showing that, by a preponderance of
409 the evidence, such products were sold, offered for sale,
410 delivered, or distributed contrary to any provision of s. 500.92
411 or s. 500.93. Once any chapter 120 proceedings related to such
412 products have been completed, the court shall order any seized
413 kratom products destroyed except as provided by applicable court
414 orders. A record of the place where such products were seized,
415 the kinds and quantities of such products destroyed, and the
416 time, place, and manner of the destruction of such products must
417 be kept, and a return under oath reporting the destruction must
418 be made to the court by the officer who destroys such products.
419 (2) The department or seizing law enforcement agency shall
420 keep a full and complete record of all products seized under
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421 this section showing:
422 (a) The exact kinds, quantities, and forms of such
423 products;
424 (b) The persons from whom such products were seized and to
425 whom such products were delivered;
426 (c) By whose authority such products were seized,
427 delivered, and destroyed; and
428 (d) The dates of the seizure, disposal, or destruction of
429 such products.
430
431 Such record must be open to inspection by all persons charged
432 with the enforcement of ss. 500.92 and 500.93.
433 (3) The cost of seizure, confiscation, and destruction of
434 contraband kratom products is borne by the person from whom such
435 products are seized.
436 (4) Except as otherwise provided in this section, the
437 procedures of the Florida Contraband Forfeiture Act apply to
438 this section.
439 Section 4. Section 500.95, Florida Statutes, is created to
440 read:
441 500.95 Ingesting kratom products prohibited near school
442 property; penalty.—
443 (1) A person may not ingest kratom products in, on, or
444 within 1,000 feet of the real property comprising a public or
445 private elementary, middle, or secondary school between the
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446 hours of 6 a.m. and midnight. This section does not apply to any
447 person in a moving vehicle or within a private residence.
448 (2) A law enforcement officer may issue a citation in such
449 form as prescribed by a county or municipality to any person who
450 violates this section. Such citation must contain:
451 (a) The date and time of issuance.
452 (b) The name and address of the person cited.
453 (c) The date and time the civil infraction was committed.
454 (d) The statute violated.
455 (e) The facts constituting the violation.
456 (f) The name and authority of the law enforcement officer.
457 (g) The procedure for the person to follow to pay the
458 civil penalty, to contest the citation, or to appear in court.
459 (h) The applicable civil penalty if the person elects not
460 to contest the citation.
461 (i) The applicable civil penalty if the person elects to
462 contest the citation.
463 (3) Any person issued a citation pursuant to this section
464 is charged with a civil infraction, punishable by a civil
465 penalty of up to $25, 50 hours of community service, or, if
466 available, successful completion of a school-approved, anti-
467 drug, alternative-to-suspension program.
468 (4) Any person who fails to comply with the directions on
469 the citation waives his or her right to contest the citation,
470 and an order to show cause may be issued by the court.
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471 (5) For purposes of this section "kratom product" has the
472 same meaning as provided in the Kratom Consumer Protection Act.
473
474 Section 5. Subsection (1) of section 565.04, Florida
475 Statutes, is amended to read:
476 565.04 Package store restrictions.—
477 (1) Vendors licensed under s. 565.02(1)(a) shall not in
478 said place of business sell, offer, or expose for sale any
479 merchandise other than such beverages, and such places of
480 business shall be devoted exclusively to such sales; provided,
481 however, that such vendors shall be permitted to sell bitters;
482 grenadine; nonalcoholic mixer-type beverages, not to include
483 fruit juices produced outside this state; fruit juices produced
484 in this state; home bar and party supplies and equipment,
485 including but not limited to glassware and party-type foods;
486 miniatures of no alcoholic content; nicotine products; and
487 tobacco products. Such places of business shall have no openings
488 permitting direct access to any other building or room, except
489 to a private office or storage room of the place of business
490 from which patrons are excluded. Vendors licensed under
491 565.02(1)(a) may sell kratom products in accordance with the
492 Florida Kratom Consumer Protection Act.
493 Section 6. Paragraph (a) of subsection (2) of section
494 565.045, Florida Statutes, is amended to read:
495 565.045 Regulations for consumption on premises; penalty;
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496 exemptions.—
497 (2)(a) There shall not be sold at such places of business
498 anything other than the beverages permitted, home bar and party
499 supplies and equipment (including, but not limited to, glassware
500 and party-type foods), cigarettes, kratom products in accordance
501 with the Florida Kratom Consumer Protection Act, and what is
502 customarily sold in a restaurant.
503 Section 7. Section 569.006, Florida Statutes, is amended
504 to read:
505 569.006 Retail tobacco products dealers; administrative
506 penalties.—The division may suspend or revoke the permit of the
507 dealer upon sufficient cause appearing of the violation of any
508 of the provisions of s. 500.92, s. 500.93, or this chapter,
509 including part II of this chapter if the dealer deals, at
510 retail, in nicotine products within the state or allows a
511 nicotine products vending machine to be located on its premises
512 within the state, by a dealer or by a dealer's agent or
513 employee. The division may also assess and accept administrative
514 fines of up to $1,000 against a dealer for each violation. The
515 division shall deposit all fines collected into the General
516 Revenue Fund as collected. An order imposing an administrative
517 fine becomes effective 15 days after the date of the order. The
518 division may suspend the imposition of a penalty against a
519 dealer, conditioned upon the dealer's compliance with terms the
520 division considers appropriate.
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521 Section 8. Section 569.35, Florida Statutes, is amended to
522 read:
523 569.35 Retail nicotine product dealers; administrative
524 penalties.—The division may suspend or revoke the permit of a
525 dealer, including the retail tobacco products dealer permit of a
526 retail tobacco products dealer as defined in s. 569.002(4), upon
527 sufficient cause appearing of the violation of any of the
528 provisions of s. 500.92, s. 500.93, or this part, by a dealer,
529 or by a dealer's agent or employee. The division may also assess
530 and accept an administrative fine of up to $1,000 against a
531 dealer for each violation. The division shall deposit all fines
532 collected into the General Revenue Fund as collected. An order
533 imposing an administrative fine becomes effective 15 days after
534 the date of the order. The division may suspend the imposition
535 of a penalty against a dealer, conditioned upon the dealer's
536 compliance with terms the division considers appropriate.
537 Section 9. This act shall take effect July 1, 2026.
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