PCS for HB 1205 (ORIGINAL YEAR) — An act relating to kratom; amending s. 500.92, F.S.
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- 2026 3288 Industries Professional Activities Subcommittee Proposed Committee Bills Pcbs Fn
Summary
The 22-page text of the PCS for HB 1205, a Florida House of Representatives proposed committee substitute bill relating to kratom. It amends s. 500.92, F.S., the Florida Kratom Consumer Protection Act, adding definitions and requiring the Department of Agriculture and Consumer Services to certify independent testing laboratories. The bill allows kratom products to be distributed and sold only if they meet testing, alkaloid-content and packaging conditions, including that 7-hydroxymitragynine be no more than 2 percent of the alkaloid composition. It restricts retail sale to certain permitted establishments and mail order sales, and creates s. 500.93, F.S., s. 500.94, F.S. and s. 500.95, F.S. on remote sales, seizure of contraband products and ingestion near school properties. Section 9 provides that the act takes effect July 1, 2026.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“PCS for HB 1205 (ORIGINAL YEAR) — An act relating to kratom; amending s. 500.92, F.S..”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2026-3288-industries-professional-activities-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-1205/
, SHA-256 2bfa0e129251f1b899fd90c718a4658debe11f1bd78633fb50d831f7438ffe91.Full text
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1205 ORIGINAL YEAR
A bill to be entitled
An act relating to kratom; amending s. 500.92, F.S.;
including additional provisions in the Florida Kratom
Consumer Protection Act; providing definitions;
requiring the Department of Agriculture and Consumer
Services to certify certain laboratories; providing
for the distribution and retail sale of kratom
products; revising and providing penalties;
authorizing the department to take certain actions
against licensees and permittees; providing
jurisdiction for certain law enforcement agencies;
creating s. 500.93, F.S.; providing definitions;
providing for mail order, Internet, and remote sales
of kratom products; providing applicability; providing
penalties; creating s. 500.94, F.S.; providing for the
seizure and destruction of contraband kratom products;
creating s. 500.95, F.S.; prohibiting the ingestion of
kratom products near school properties; providing
exceptions; providing penalties; amending ss. 565.04
and 565.045, F.S.; authorizing specified businesses to
sell kratom products; amending ss. 569.006 and 569.35,
F.S.; conforming provisions to changes made by the
act;; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 500.92, Florida Statutes, is amended to read:
500.92 Florida Kratom Consumer Protection Act.—
(1) SHORT TITLE.—Sections 500.92-500.95 This section may
be cited as the "Florida Kratom Consumer Protection Act."
(2) DEFINITIONS.—As used in this act section, the term:
(a) "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.
(b) "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
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Department of Health in accordance with s. 381.986, or other
limitation pursuant to the laws of this state, whichever amount
is less.
(c) "Independent testing laboratory" means a laboratory
that:
1. Does not have a direct or indirect interest in the
entity whose product is being tested;
2. Does not have a direct or indirect interest in a
facility that cultivates, processes, distributes, dispenses, or
sells kratom products in this state or in another jurisdiction
or cultivates, processes, distributes, dispenses, or sells
marijuana, as defined in s. 381.986(1); and
3. Is certified by the Department of Health as a medical
marijuana testing laboratory pursuant to s. 381.988 or is
certified by the department pursuant to subsection (3) as being
substantially equivalent to a medical marijuana testing
laboratory.
(d) "Kratom product" means a food product, food
ingredient, dietary ingredient, dietary supplement, or beverage
intended for human consumption which contains any part of the
leaf of the plant Mitragyna speciosa or an extract, synthetic
alkaloid, or synthetically derived compound of such plant and is
manufactured as a powder, capsule, pill, beverage, or other
edible form.
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(e) "Manufacturer" means any person or entity that engages
in the process of manufacturing, preparing, or packaging kratom
products.
(f) "Retailer" means any person or entity that sells
kratom products to consumers.
(g) "Wholesaler" means any person or entity located within
or outside this state which delivers or sells products
containing kratom to retailers or other persons in this state
for purposes of resale.
(3) CERTIFICATION OF LABORATORIES. —
(a) The department must certify any laboratory located
within this 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 is not required to receive certification by the
department.
(b) The department must adopt rules establishing the
standards for certification of independent testing laboratories
and testing kratom products in accordance with this section. The
Department of Health must assist the department in developing
rules for the certification of independent testing laboratories,
which must include, but are not limited to:
1. Security standards.
2. Minimum standards for personnel.
3. Sample collection methods and process standards.
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4. Proficiency testing for Mitragynine, 7-
hydroxymitragynine, and contaminants unsafe for human
consumption, as determined by department rule.
5. Reporting content, format, and frequency.
6. Audits and onsite inspections.
7. Quality assurance.
8. Equipment and methodology.
9. Chain of custody.
10. Any other standard the department deems necessary.
(c) The department shall adopt rules establishing a
procedure for initial certification and biennial renewal. The
department shall renew the certification biennially if the
laboratory meets the requirements of this section or any rules
adopted under this subsection.
(d) The department shall publish on its website a list of
all laboratories that have received certification.
(e) The department may refuse to issue or renew, or may
suspend or revoke, the certification of an independent testing
laboratory that is found to be in violation of this section or
any rules adopted by the department.
(f) A laboratory that receives certification from the
department under this subsection agrees to random unannounced
audits and onsite inspections by the department or its agents.
(4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.—
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(a) Kratom products may only be distributed and sold in
this state if all of the following conditions are met:
1. The kratom product:
a. Is not adulterated with a dangerous non-kratom
substance affecting the quality or strength of the product to a
degree that renders the product injurious to a consumer.
b. Is not contaminated with contaminants unsafe for human
consumption or an otherwise deleterious non-kratom substance,
including a controlled substance;
c. Contains a level of 7-hydroxymitragynine in the
alkaloid fraction that is no more than 2 percent of the overall
alkaloid composition of the product; and
d. Does not contain any synthetic alkaloids, including
synthetic 7-hydroxymitragynine and synthetically derived
compounds from a plant of the Mitragyna speciosa.
2. The kratom product is tested by the manufacturer, the
wholesaler, and the retailer by an independent testing
laboratory and the laboratory's certificate of analysis states
the kratom product was tested for:
a. Synthetic alkaloids.
b. 7-hydroxymitragynine.
c. Heavy metals.
d. Mycotoxins.
e. Pesticides.
f. Potency.
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g. Residual solvents.
h. Any other controlled substance.
i. Any other substance the department deems necessary.
3. The kratom product is distributed or sold in a
container that includes:
a. A scannable barcode or quick response code linked to
the certificate of analysis of the kratom product;
b. The kratom product testing number; and
c. The expiration date of the kratom product.
d. The total number of milligrams of alkaloids in the
container and package and the number of milligrams of alkaloids
per serving in a clear and conspicuous manner.
e. The toll-free telephone number for the national Poison
Help line.
f. The total number of servings of the product.
4. The kratom product is distributed or sold in a
container that:
a. Is suitable to contain products for human consumption;
b. Is composed of materials designed to minimize exposure
to light;
c. Mitigates exposure to high temperatures;
d. Is a single color and not transparent. However, the
universal symbol, scannable barcode, quick response code, and
any text must be a different color than the container and
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package, and any text must be in black or white. This sub-
subparagraph does not apply to beverage containers and packages;
e. Does not contain any pictures or images other than a
single logo. The logo may not be attractive to children and may
not cover more than 20 percent of the container or package. This
sub-subparagraph does not apply to beverage containers and
packages. However, beverage containers and packages may not
contain a logo that is attractive to children;
f. Does not contain any text, pictures, or images that
directly or indirectly markets the product as causing or may
cause an intoxicating or psychotropic effect. This sub-
subparagraph does not apply to the warning and symbol
requirements provided in sub-subparagraphs g. and i.
g. Contains a universal symbol developed by the department
which indicates the presence of kratom;
h. Is not attractive to children;
i. Contains a clear and conspicuous warning developed by
the department that the product is a kratom product; and
j. 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 sub-
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. However, for purposes of
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this sub-subparagraph, a beverage in a sealed container is
considered compliant.
(b) A wholesaler or retailer is not required to test its
kratom product in accordance with paragraph (a) if the product:
1. Is packaged in a manner that may be sold to the
consumer when the wholesaler or retailer receives the product
from the manufacturer or wholesaler;
2. Was tested in accordance with this paragraph by the
manufacturer or wholesaler; and
3. Has not been opened by the wholesaler or retailer.
(c) The retail sale and delivery of kratom products is
prohibited, except:
1. At an establishment that has a food permit from the
department and prohibits the presence of persons under 21 years
of age on the establishment's premises;
2. At an establishment that has a food permit from the
department and a quota license issued under s. 565.02(1)(a)-(f).
An establishment with a quota license issued under s.
565.02(1)(a)-(f) which allows the presence of persons under 21
years of age on the establishment's premises must place kratom
products, not including beverages, in an area inaccessible to
customers. Such an establishment may place kratom products, not
including beverages, in an open display unit as long as the unit
is located in an area that is inaccessible to customers; or
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3. In accordance with the mail order, Internet, and remote
sales of kratom products requirements in s. 500.93.
(d) Kratom products may not be sold, given, bartered,
furnished, or delivered to consumers at wholesale. Kratom
products may not be sold, given, bartered, furnished, or
delivered to consumers at festivals, fairs, trade shows,
farmers' markets, expositions, or pop-up retail establishments
unless the festival, fair, trade show, farmers' market,
exposition, or pop-up retail establishment prohibits persons
under 21 years of age from attending and every retailer selling
kratom products at the festival, fair, trade show, farmers'
market, exposition, or pop-up retail establishment has a food
permit from the department.
(5)(3) AGE RESTRICTION.—It is unlawful to sell, deliver,
barter, furnish, or give, directly or indirectly, any kratom
product to a person who is under 21 years of age.
(6)(4) PENALTIES.—A person who violates subsection (4) or
subsection (5) commits a misdemeanor of the second degree,
punishable as provided in s. 775.082 or s. 775.083 for the first
offense. A person who commits a second offense within 12 months
after the first offense commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083. A
person who commits a third or subsequent offense within 12
months after the second offense commits a felony of the third-
degree, punishable as provided in s. 775.082 or s. 775.083. A
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violation of subsection (3) is a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
(7) DEPARTMENTAL ACTION.—In addition to any other
penalties provided by law, the department may take any of the
following actions against any person licensed or permitted by
the department for a violation of this section:
(a) Place on probation or reprimand the licensee or
permitee or send a letter of guidance;
(b) Revoke, suspend, or deny the issuance or renewal of
the license or permit; or
(c) Impose an administrative fine not to exceed $5,000 per
violation and assess costs associated with investigation and
prosecution.
(8) ENFORCEMENT.—The department shall enforce this
section. Every state attorney, sheriff, police officer, and
other appropriate county or municipal officer shall enforce, or
assist any agent of the department in enforcing, this section
and rules adopted by the department.
(9)(5) RULES.—The department shall adopt rules to
administer this section.
Section 2. Section 500.93, Florida Statutes, is created to
read:
500.93 Mail order, Internet, and remote sales of kratom
products; age verification.—
(1) As used in this section, the term:
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(a) "Consumer" means a person in this state who comes into
possession of any kratom products and who, at the time of
possession, does not intend to sell or distribute the kratom
products and is not a retailer.
(b) "Delivery sale" means any sale of kratom products to a
consumer in this state for which:
1. 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
2. The kratom products are delivered by use of mail or a
delivery service.
(c) "Delivery service" means any person engaged in the
commercial delivery of letters, packages, or other containers.
(d) "Legal minimum purchase age" means the minimum age at
which a person may legally purchase kratom products in this
state.
(e) "Shipping container" means a container in which kratom
products are shipped in connection with a delivery sale.
(f) "Shipping document" means a bill of lading, airbill,
United States Postal Service form, or any other document used to
verify the undertaking by a delivery service to deliver letters,
packages, or other containers.
(2)(a) A sale of kratom products constituting a delivery
sale under paragraph (1)(b) is a delivery sale regardless of
whether the person accepting the order for the delivery sale is
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located within or outside this state.
(b) A retailer must obtain a food permit from the
department under chapter 500 before accepting an order for a
delivery sale.
(c) A person may not make a delivery sale of kratom
product to any person who is not 21 years of age or older.
(d) Each person accepting an order for a delivery sale
must comply with each of the following:
1. The age verification requirements set forth in
subsection (3).
2. The notice requirements set forth in subsection (4).
3. The shipping requirements set forth in subsection (5).
(3) A person may not mail, ship, or otherwise deliver
kratom products in connection with an order for a delivery sale
unless, before the first delivery to the consumer, the person
accepting the order for the delivery sale:
(a) Obtains from the person submitting the order a
certification that includes:
1. Reliable confirmation that the person is 21 years of
age or older; and
2. A statement signed by the person in writing and under
penalty of perjury which:
a. Certifies the address and date of birth of the person;
and
b. Confirms that the person wants to receive delivery
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sales from a kratom product retailer and understands that, under
the laws of the state, the following actions are illegal:
(I) Signing another person's name to the certification;
(II) Selling kratom products to persons who are not 21
years of age or older; and
(III) Purchasing kratom products if the person making the
purchase is not 21 years of age or older.
(b) Makes a good faith effort to verify the information
contained in the certification provided by the person under
paragraph (a) 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
person.
(c) Provides to the person, by e-mail or other means, a
notice meeting the requirements of subsection (4).
(d) 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.
(e) 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
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statement when a purchase of kratom products is made by credit
card payment.
(f) Makes a telephone call after 5 p.m. to the purchaser
confirming the order before shipping the kratom products. 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
recorded message.
In addition to the requirements of this subsection, a person
accepting an order for a delivery sale may request that a
consumer provide an e-mail address.
(4) The notice described in paragraph (3)(c) must include
prominent and clearly legible statements that sales of kratom
products are:
(a) Illegal if made to persons who are not 21 years of age
or older.
(b) Restricted to those persons who provide verifiable
proof of age in accordance with subsection (3).
(5) Each person who mails, ships, or otherwise delivers
kratom products in connection with an order for a delivery sale
must:
(a) Ship the kratom products in a container that complies
with the container requirements in s. 500.92.
(b) Include as part of the shipping documents, in a clear
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and conspicuous manner, the following statement: "Kratom
product: Florida law prohibits shipping to persons under 21
years of age."
(c) Use a method of mailing, shipping, or delivery which
obligates the delivery service to require proof that the person
accepting the order for the delivery sale is 21 years of age or
older and resides at the address listed on the order label, by
reviewing a valid government-issued identification card bearing
a photograph of the person who signs to accept delivery of the
shipping container.
If the person accepting a purchase order for a delivery sale
delivers the kratom products without using a delivery service,
the person must comply with all of the requirements of this
section which apply to a delivery service. Any failure to comply
with a requirement of this section constitutes a violation
thereof.
(6) This section does not apply to delivery sales of
kratom products to a retailer or wholesaler.
(7) A person 21 years of age or older who knowingly
violates any provision of this section commits a misdemeanor of
the second degree, punishable as provided in s. 775.082 or s.
775.083.
(8) The Attorney General, the Attorney General's designee,
or a state attorney may bring an action in the appropriate court
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in the state to prevent or restrain violations of this section
by any person.
Section 3. Section 500.94, Florida Statutes, is created to
read:
500.94 Seizure and destruction of contraband kratom
products.—All kratom products sold, offered for sale, delivered,
or distributed contrary to any provision of s. 500.92 or s.
500.93 are declared to be contraband, 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:
(1) A court having jurisdiction shall order such kratom
products forfeited upon a showing that, by a preponderance of
the evidence, such products were sold, offered for sale,
delivered, or distributed contrary to any provision of s. 500.92
or s. 500.93. Once any chapter 120 proceedings related to such
products have been completed, the court shall 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.
(2) The department or seizing law enforcement agency shall
keep a full and complete record of all products seized under
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this section showing:
(a) The exact kinds, quantities, and forms of such
products;
(b) The persons from whom such products were seized and to
whom such products were delivered;
(c) By whose authority such products were seized,
delivered, and destroyed; and
(d) The dates of the seizure, disposal, or destruction of
such products.
Such record must be open to inspection by all persons charged
with the enforcement of ss. 500.92 and 500.93.
(3) The cost of seizure, confiscation, and destruction of
contraband kratom products is borne by the person from whom such
products are seized.
(4) Except as otherwise provided in this section, the
procedures of the Florida Contraband Forfeiture Act apply to
this section.
Section 4. Section 500.95, Florida Statutes, is created to
read:
500.95 Ingesting kratom products prohibited near school
property; penalty.—
(1) A person may not ingest 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
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hours of 6 a.m. and midnight. This section does not apply to any
person in a moving vehicle or within a private residence.
(2) A law enforcement officer may issue a citation in such
form as prescribed by a county or municipality to any person who
violates this section. Such citation must contain:
(a) The date and time of issuance.
(b) The name and address of the person cited.
(c) The date and time the civil infraction was committed.
(d) The statute violated.
(e) The facts constituting the violation.
(f) The name and authority of the law enforcement officer.
(g) The procedure for the person to follow to pay the
civil penalty, to contest the citation, or to appear in court.
(h) The applicable civil penalty if the person elects not
to contest the citation.
(i) The applicable civil penalty if the person elects to
contest the citation.
(3) Any person issued a citation pursuant to this section
is charged with a civil infraction, punishable by a civil
penalty of up to $25, 50 hours of community service, or, if
available, successful completion of a school-approved, anti-
drug, alternative-to-suspension program.
(4) Any person who fails to comply with the directions on
the citation waives his or her right to contest the citation,
and an order to show cause may be issued by the court.
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(5) For purposes of this section "kratom product" has the
same meaning as provided in the Kratom Consumer Protection Act.
Section 5. Subsection (1) of section 565.04, Florida
Statutes, is amended to read:
565.04 Package store restrictions.—
(1) Vendors licensed under s. 565.02(1)(a) shall not in
said place of business sell, offer, or expose for sale any
merchandise other than such beverages, and such places of
business shall be devoted exclusively to such sales; provided,
however, that such vendors shall be permitted to sell bitters;
grenadine; nonalcoholic mixer-type beverages, not to include
fruit juices produced outside this state; fruit juices produced
in this state; home bar and party supplies and equipment,
including but not limited to glassware and party-type foods;
miniatures of no alcoholic content; nicotine products; and
tobacco products. Such places of business shall have no openings
permitting direct access to any other building or room, except
to a private office or storage room of the place of business
from which patrons are excluded. Vendors licensed under
565.02(1)(a) may sell kratom products in accordance with the
Florida Kratom Consumer Protection Act.
Section 6. Paragraph (a) of subsection (2) of section
565.045, Florida Statutes, is amended to read:
565.045 Regulations for consumption on premises; penalty;
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 1205 ORIGINAL YEAR
exemptions.—
(2)(a) There shall not be sold at such places of business
anything other than the beverages permitted, home bar and party
supplies and equipment (including, but not limited to, glassware
and party-type foods), cigarettes, kratom products in accordance
with the Florida Kratom Consumer Protection Act, and what is
customarily sold in a restaurant.
Section 7. Section 569.006, Florida Statutes, is amended
to read:
569.006 Retail tobacco products dealers; administrative
penalties.—The division may suspend or revoke the permit of the
dealer upon sufficient cause appearing of the violation of any
of the provisions of s. 500.92, s. 500.93, or this chapter,
including part II of this chapter if the dealer deals, at
retail, in nicotine products within the state or allows a
nicotine products vending machine to be located on its premises
within the state, by a dealer or by a dealer's agent or
employee. The division may also assess and accept administrative
fines of up to $1,000 against a dealer for each violation. The
division shall deposit all fines collected into the General
Revenue Fund as collected. An order imposing an administrative
fine becomes effective 15 days after the date of the order. The
division may suspend the imposition of a penalty against a
dealer, conditioned upon the dealer's compliance with terms the
division considers appropriate.
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Section 8. Section 569.35, Florida Statutes, is amended to
read:
569.35 Retail nicotine product dealers; administrative
penalties.—The division may suspend or revoke the permit of a
dealer, including the retail tobacco products dealer permit of a
retail tobacco products dealer as defined in s. 569.002(4), upon
sufficient cause appearing of the violation of any of the
provisions of s. 500.92, s. 500.93, or this part, by a dealer,
or by a dealer's agent or employee. The division may also assess
and accept an administrative fine of up to $1,000 against a
dealer for each violation. The division shall deposit all fines
collected into the General Revenue Fund as collected. An order
imposing an administrative fine becomes effective 15 days after
the date of the order. The division may suspend the imposition
of a penalty against a dealer, conditioned upon the dealer's
compliance with terms the division considers appropriate.
Section 9. This act shall take effect July 1, 2026.
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