Kratom

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A bill to be entitled 1
An act relating to kratom; amending s. 500.92, F.S.; 2
providing a short title; providing definitions; 3
requiring the Department of Agriculture and Consumer 4
Services to certify laboratories that meet certain 5
qualifications; providing an exception; requiring the 6
department to adopt certain rules for certification; 7
requiring the Department of Health to assist the 8
department in developing such rules; requiring the 9
department to publish on its website a list of 10
certified laboratories; authorizing the department to 11
take specified action against the certification of a 12
laboratory in certain circumstances; providing that 13
licensed laboratories agree to certain audits and 14
inspections by the department; requiring certain 15
criteria to be met for the distribution and sale of 16
kratom products; providing that wholesalers or 17
retailers of kratom products are not required to test 18
their products if the products meet certain 19
requirements; prohibiting the retail sale and delivery 20
of kratom products; providing exceptions; prohibiting 21
kratom products from being sold, given, bartered, 22
furnished, or delivered to certain consumers; 23
providing that it is unlawful to sell, give, barter, 24
furnish, or deliver kratom products to persons under a 25

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certain age; providing penalties; authorizing the 26
department to take certain action against licensees 27
and permittees; requiring the department to adopt and 28
enforce rules and certain officers to assist the 29
department in enforcing such rules; creating s. 30
500.925, F.S.; providing definitions; authorizing 31
delivery sales of kratom products; prohibiting such 32
sales to certain persons; providing requirements for 33
such sales; requiring specified notice; providing 34
applicability; providing a penalty; authorizing the 35
Attorney General, the Attorney General's designee, or 36
a state attorney to bring specified action; creating 37
s. 500.94, F.S.; providing that kratom products sold, 38
offered for sale, delivered, or distributed in 39
violation of specified provisions are contraband, are 40
subject to seizure and forfeiture, and must be 41
disposed of in a specified manner; providing a records 42
retention requirement; providing that specified costs 43
are borne by the person from whom kratom products are 44
seized; providing applicability; creating s. 500.95, 45
F.S.; prohibiting a person from ingesting kratom 46
products in, on, or within a specified distance from 47
school property during a certain time period; 48
providing applicability; authorizing the issuance of a 49
citation which must contain certain information; 50

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providing that a person issued such a citation is 51
charged with civil infraction and subject to specified 52
penalties; providing for waiver of the right to 53
contest such a citation in certain circumstances; 54
amending ss. 565.04 and 565.045, F.S.; authorizing 55
specified businesses to sell kratom products; amending 56
ss. 569.006 and 569.35, F.S.; conforming provisions to 57
changes made by the act; providing an effective date. 58
59
Be It Enacted by the Legislature of the State of Florida: 60
61
Section 1. Section 500.92, Florida Statutes, is amended to 62
read: 63
(Substantial rewording of section. See s. 500.92, F.S., for 64
present text.) 65
500.92 Florida Kratom Consumer Protection Act.— 66
(1) SHORT TITLE.—Sections 500.92-500.95 may be cited as 67
the "Florida Kratom Consumer Protection Act." 68
(2) DEFINITIONS.—As used in this act, the term: 69
(a) "Attractive to children" means: 70
1. Manufactured in the shape of or packaged in a container 71
or package displaying humans or animals that are featured in a 72
manner other than their natural form and are in a form commonly 73
known to appeal primarily to children, or toys or cartoons that 74
are featured in any manner, or any other forms that have 75

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features similar to humans, cartoons, animals, or toys that 76
target children; 77
2. Manufactured in a form or packaged in a container or 78
package that bears any reasonable resemblance to an existing 79
candy or snack product that is familiar to the public; or 80
3. Manufactured in a form or packaged in a container or 81
package that bears any reasonable resemblance to a branded food 82
product such that the product could be mistaken for the branded 83
food product, especially by children. 84
(b) "Contaminants unsafe for human consumption" means a 85
microbe, fungus, yeast, mildew, herbicide, pesticide, fungicide, 86
residual solvent, metal, or other contaminant found in any 87
amount that exceeds any of the accepted limitations as 88
determined by rules adopted by the Department of Health in 89
accordance with s. 381.986, or other limitation pursuant to any 90
law of this state, whichever amount is less. 91
(c) "Department" means the Department of Agriculture and 92
Consumer Services. 93
(d) "Independent testing laboratory" means a laboratory 94
that: 95
1. Does not have a direct or indirect interest in the 96
entity whose product is being tested. 97
2. Does not have a direct or indirect interest in a 98
facility that cultivates, processes, distributes, dispenses, or 99
sells kratom products in this state or in another jurisdiction 100

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or cultivates, processes, distributes, dispenses, or sells 101
marijuana as defined in s. 381.986(1). 102
3. Is certified by the Department of Health as a medical 103
marijuana testing laboratory pursuant to s. 381.988 or is 104
certified by the department pursuant to subsection (3) as being 105
substantially equivalent to a medical marijuana testing 106
laboratory. 107
(e) "Kratom product" means a food product, food 108
ingredient, dietary ingredient, dietary supplement, or beverage 109
intended for human consumption which contains any part of the 110
leaf of the plant Mitragyna speciosa or an extract, synthetic 111
alkaloid, or synthetically derived compound of such plant and is 112
manufactured as a powder, capsule, pill, beverage, or other 113
edible form. 114
(f) "Manufacturer" means a person or entity that engages 115
in the process of manufacturing, preparing, or packaging kratom 116
products. 117
(g) "Retailer" means a person or entity that sells kratom 118
products to consumers. 119
(h) "Wholesaler" means a person or entity located within 120
or outside this state which delivers or sells products 121
containing kratom to retailers or other persons in this state 122
for purposes of resale. 123
(3) CERTIFICATION OF LABORATORIES.— 124

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(a) The department must certify any laboratory located 125
within this state or another state that meets the qualifications 126
of an independent testing laboratory. However, a medical 127
marijuana testing laboratory certified pursuant to s. 381.988 is 128
not required to be certified by the department. 129
(b) The department must adopt rules establishing the 130
standards for certification of independent testing laboratories 131
and testing kratom products in accordance with this section. The 132
Department of Health must assist the department in developing 133
rules for the certification of independent testing laboratories, 134
which must include, but are not limited to: 135
1. Security standards. 136
2. Minimum standards for personnel. 137
3. Sample collection methods and process standards. 138
4. Proficiency testing for Mitragynine, 7-139
hydroxymitragynine, and contaminants unsafe for human 140
consumption, as determined by department rule. 141
5. Reporting content, format, and frequency. 142
6. Audits and onsite inspections. 143
7. Quality assurance. 144
8. Equipment and methodology. 145
9. Chain of custody. 146
10. Any other standard the department deems necessary. 147
(c) The department shall adopt rules establishing a 148
procedure for initial certification and biennial renewal. The 149

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department shall renew the certification biennially if the 150
laboratory meets the requirements of this section or any rules 151
adopted under this subsection. 152
(d) The department shall publish on its website a list of 153
all laboratories that have received certification. 154
(e) The department may refuse to issue or renew, or may 155
suspend or revoke, the certification of an independent testing 156
laboratory that violates this section or any rules adopted by 157
the department pursuant to this section. 158
(f) A laboratory that is issued a certification from the 159
department pursuant to this subsection agrees to random, 160
unannounced audits and onsite inspections by the department or 161
its authorized agents. 162
(4) DISTRIBUTION AND RETAIL SALE OF KRATOM PRODUCTS.— 163
(a) Kratom products may only be distributed and sold in 164
this state if all of the following conditions are met: 165
1. The kratom product: 166
a. Is not adulterated with a dangerous non-kratom 167
substance affecting the quality or strength of the product to a 168
degree that renders the product injurious to a consumer. 169
b. Is not contaminated with contaminants unsafe for human 170
consumption or an otherwise deleterious non-kratom substance, 171
including a controlled substance. 172

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c. Contains a level of 7-hydroxymitragynine in the 173
alkaloid fraction that is no more than 2 percent of the overall 174
alkaloid composition of the product. 175
d. Does not contain any synthetic alkaloids, including 176
synthetic 7-hydroxymitragynine and synthetically derived 177
compounds from a plant of the Mitragyna speciosa. 178
2. The kratom product is tested by the manufacturer, the 179
wholesaler, and the retailer by an independent testing 180
laboratory and the laboratory's certificate of analysis states 181
the kratom product was tested for: 182
a. Synthetic alkaloids. 183
b. 7-hydroxymitragynine. 184
c. Heavy metals. 185
d. Mycotoxins. 186
e. Pesticides. 187
f. Potency. 188
g. Residual solvents. 189
h. Any other controlled substance. 190
i. Any other substance the department deems necessary. 191
3. The kratom product is distributed or sold in a 192
container or package that includes: 193
a. A scannable barcode or quick response code linked to 194
the certificate of analysis of the kratom product. 195
b. The kratom product testing number. 196
c. The expiration date of the kratom product. 197

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d. The total number of milligrams of alkaloids in the 198
container or package and the number of milligrams of alkaloids 199
per serving in a clear and conspicuous manner. 200
e. The toll-free telephone number of the three certified 201
regional poison control centers in this state or the toll-free 202
telephone number of the Florida Poison Information Center 203
Network. 204
f. The total number of servings of the product. 205
4. The kratom product is distributed or sold in a 206
container or package that: 207
a. Is suitable to contain products for human consumption. 208
b. Is composed of materials designed to minimize exposure 209
to light. 210
c. Mitigates exposure to high temperatures. 211
d. Is a single color and not transparent. However, the 212
universal symbol, scannable barcode, and quick response code 213
must be a color different from the color of the container or 214
package, and any text must be black or white. This sub-215
subparagraph does not apply to beverage containers or packages. 216
e. Does not contain any pictures or images other than a 217
single logo. The logo may not be attractive to children and may 218
not cover more than 20 percent of the container or package. This 219
sub-subparagraph does not apply to beverage containers and 220
packages. However, beverage containers and packages may not 221
contain a logo that is attractive to children. 222

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f. Does not contain any text, pictures, or images that 223
directly or indirectly market the product as causing or possibly 224
causing an intoxicating or psychotropic effect. This sub-225
subparagraph does not apply to the warning and symbol 226
requirements provided in sub-subparagraphs g. and i. 227
g. Contains a universal symbol developed by the department 228
which indicates the presence of kratom. 229
h. Is not attractive to children. 230
i. Contains a clear and conspicuous warning, developed by 231
the department, that the product is a kratom product. 232
j. Complies with the United States Poison Prevention 233
Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq., without 234
regard to provided exemptions. For purposes of this sub-235
subparagraph, a beverage in a sealed container is considered in 236
compliance with the United States Poison Prevention Packaging 237
Act of 1970, 15 U.S.C. ss. 1471 et seq. 238
(b) A wholesaler or retailer is not required to test its 239
kratom product in accordance with paragraph (a) if the product: 240
1. Is packaged in a manner that may be sold to the 241
consumer when the wholesaler or retailer receives the product 242
from the manufacturer or wholesaler. 243
2. Was tested in accordance with this paragraph by the 244
manufacturer or wholesaler. 245
3. Has not been opened by the wholesaler or retailer. 246

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(c) The retail sale and delivery of kratom products is 247
prohibited, except: 248
1. At an establishment that has a food permit from the 249
department and prohibits the presence of persons under 21 years 250
of age on the establishment's premises; 251
2. At an establishment that has a food permit from the 252
department and a quota license issued under s. 565.02(1)(a)-(f). 253
An establishment with a quota license issued under s. 254
565.02(1)(a)-(f) which allows the presence of persons under 21 255
years of age on the establishment's premises must place kratom 256
products, not including beverages, in an area inaccessible to 257
customers. Such an establishment may place kratom products, not 258
including beverages, in an open display unit as long as the unit 259
is located in an area that is inaccessible to customers; or 260
3. In accordance with the mail order, Internet, and remote 261
sales of kratom products requirements in s. 500.925. 262
(d)1. Kratom products may not be sold, given, bartered, 263
furnished, or delivered to consumers at wholesale. 264
2. Kratom products may not be sold, given, bartered, 265
furnished, or delivered to consumers at festivals, fairs, trade 266
shows, farmers' markets, expositions, or pop-up retail 267
establishments unless the festival, fair, trade show, farmers' 268
market, exposition, or pop-up retail establishment prohibits 269
persons under 21 years of age from attending and every retailer 270
selling kratom products at the festival, fair, trade show, 271

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farmers' market, exposition, or pop-up retail establishment has 272
a food permit from the department. 273
(5) AGE RESTRICTION.—It is unlawful to sell, give, barter, 274
furnish, or deliver, directly or indirectly, a kratom product to 275
a person who is under 21 years of age. 276
(6) PENALTIES.—A person who violates subsection (4) or 277
subsection (5) commits a misdemeanor of the second degree, 278
punishable as provided in s. 775.082 or s. 775.083 for the first 279
offense. A person who commits a second offense within 12 months 280
after the first offense commits a misdemeanor of the first 281
degree, punishable as provided in s. 775.082 or s. 775.083. A 282
person who commits a third or subsequent offense within 12 283
months after the second offense commits a felony of the third-284
degree, punishable as provided in s. 775.082 or s. 775.083. 285
(7) DEPARTMENTAL ACTION.—In addition to any other penalty 286
provided by law, the department may take any of the following 287
actions against a person licensed or permitted by the department 288
for a violation of this section: 289
(a) Place on probation or reprimand the licensee or 290
permitee or send a letter of guidance; 291
(b) Revoke, suspend, or deny the issuance or renewal of 292
the license or permit; or 293
(c) Impose an administrative fine not to exceed $5,000 per 294
violation and assess costs associated with investigation and 295
prosecution. 296

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(8) RULES.—The department shall adopt and enforce rules to 297
implement this section. Every state attorney, sheriff, police 298
officer, and other appropriate county or municipal officer shall 299
enforce, or assist any agent of the department in enforcing, 300
such rules adopted by the department. 301
Section 2. Section 500.925, Florida Statutes, is created 302
to read: 303
500.925 Mail order, Internet, and remote sales of kratom 304
products; age verification.— 305
(1) As used in this section, the term: 306
(a) "Consumer" means a person in this state who comes into 307
possession of any kratom product, who, at the time of 308
possession, does not intend to sell or distribute the kratom 309
product, and who is not a retailer. 310
(b) "Delivery sale" means any sale of kratom products to a 311
consumer in this state for which: 312
1. The consumer submits the order for the sale by 313
telephonic or other voice transmission, mail, delivery service, 314
or the Internet or other online service; or 315
2. The kratom products are delivered by mail or a delivery 316
service. 317
(c) "Delivery service" means a person engaged in the 318
commercial delivery of letters, packages, or other containers. 319
(d) "Legal minimum purchase age" means the minimum age at 320
which a person may legally purchase kratom products in this 321

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state. 322
(e) "Shipping container" means a container in which kratom 323
products are shipped in connection with a delivery sale. 324
(f) "Shipping document" means a bill of lading, airbill, 325
United States Postal Service form, or any other document used to 326
verify the undertaking by a delivery service to deliver letters, 327
packages, or other containers. 328
(2)(a) A person may make a delivery sale of kratom 329
products to a consumer regardless of whether the person 330
accepting the order for the delivery sale is located within or 331
outside this state. 332
(b) A retailer must obtain a food permit from the 333
department under chapter 500 before accepting an order for a 334
delivery sale. 335
(c) A person may not make a delivery sale of kratom 336
products to a person who is not 21 years of age or older. 337
(d) Each person accepting an order for a delivery sale of 338
kratom products must comply with each of the following: 339
1. The age verification requirements set forth in 340
subsection (3). 341
2. The notice requirements set forth in subsection (4). 342
3. The shipping requirements set forth in subsection (5). 343
(3) A person may not mail, ship, or otherwise deliver 344
kratom products in connection with an order for a delivery sale 345
unless, before the first delivery to the consumer, the person 346

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accepting the order for the delivery sale: 347
(a) Obtains from the person submitting the order a 348
certification that includes: 349
1. Reliable confirmation that the person is 21 years of 350
age or older. 351
2. A statement signed by the person in writing and under 352
penalty of perjury which: 353
a. Certifies the address and date of birth of the person. 354
b. Confirms that the person wants to receive the delivery 355
sale from a kratom product retailer and understands that, under 356
the law of this state, the following actions are illegal: 357
(I) Signing another person's name to the certification. 358
(II) Selling kratom products to persons who are not 21 359
years of age or older. 360
(III) Purchasing kratom products if the person making the 361
purchase is not 21 years of age or older. 362
(b) Makes a good faith effort to verify the information 363
contained in the certification required under paragraph (a) 364
against a commercially available database that may be reasonably 365
relied on for accurate age information or obtains a photocopy or 366
other image of a valid government-issued identification card 367
stating the date of birth or age of the person. 368
(c) Provides to the person, by e-mail or other electronic 369
means, a notice that meets the requirements of subsection (4). 370
(d) Receives payment for the delivery sale from the 371

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consumer by a credit or debit card issued in the name of the 372
consumer, or by personal or company check of the consumer, if 373
the order is made pursuant to an advertisement on the Internet. 374
(e) Submits, to each credit card acquiring company with 375
which the person has credit card sales, identification 376
information in an appropriate form and format so that the words 377
"kratom product" are printed on each credit card statement when 378
a purchase of kratom products is made by credit card payment. 379
(f) Contacts the person via telephone after 5 p.m. to 380
confirm the order before mailing, shipping, or otherwise 381
delivering the kratom products. The person accepting the order 382
for the delivery sale is not required to speak directly with a 383
person and may leave a recorded message. 384
385
In addition to the requirements of this subsection, a person 386
accepting an order for a delivery sale may request that a 387
consumer provide an e-mail address. 388
(4) The notice required in paragraph (3)(c) must include 389
prominent and clearly legible statements that the sale of kratom 390
products are: 391
(a) Illegal if made to persons who are not 21 years of age 392
or older. 393
(b) Restricted to those persons who provide verifiable 394
proof of age in accordance with subsection (3). 395
(5) Each person who mails, ships, or otherwise delivers 396

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kratom products in connection with an order for a delivery sale 397
must: 398
(a) Ship the kratom products in a container that complies 399
with the container requirements in s. 500.92. 400
(b) Include as part of the shipping documents, in a clear 401
and conspicuous manner, the following statement: 402
403
"Kratom product: Florida law prohibits shipping to persons under 404
21 years of age." 405
406
(c) Use a method of mailing, shipping, or delivery which 407
obligates the delivery service to require proof that the person 408
accepting the order for the delivery sale is 21 years of age or 409
older and resides at the address listed on the order label, by 410
reviewing a valid government-issued identification card bearing 411
a photograph of the person who signs to accept delivery of the 412
shipping container. 413
414
If the person accepting a purchase order for a delivery sale 415
delivers the kratom products without using a delivery service, 416
the person must comply with all of the requirements of this 417
section which apply to a delivery service. Any failure to comply 418
with a requirement in this section constitutes a violation of 419
this section. 420
(6) This section does not apply to a delivery sale of 421

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kratom products to a retailer or wholesaler. 422
(7) A person 21 years of age or older who knowingly 423
violates this section commits a misdemeanor of the second 424
degree, punishable as provided in s. 775.082 or s. 775.083. 425
(8) The Attorney General, the Attorney General's designee, 426
or a state attorney may bring an action in the appropriate court 427
in this state to restrain, enjoin, or otherwise prevent a person 428
from violating this section. 429
Section 3. Section 500.94, Florida Statutes, is created to 430
read: 431
500.94 Seizure and destruction of contraband kratom 432
products.—A kratom product sold, offered for sale, delivered, or 433
distributed in violation of s. 500.92 or s. 500.925 is a 434
contraband article as provided in s. 932.701(2)(a), shall be 435
subject to seizure and forfeiture as provided by the Florida 436
Contraband Forfeiture Act, and must be disposed of as provided 437
in this section. 438
(1) A court having jurisdiction shall order such kratom 439
products forfeited upon a showing that, by a preponderance of 440
the evidence, such products were sold, offered for sale, 441
delivered, or distributed in violation of s. 500.92 or s. 442
500.925. Upon completion of any chapter 120 proceedings related 443
to such products, the court shall order any seized kratom 444
products destroyed, except as provided by applicable court 445
order. A record of the place where such products were seized; 446

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the kinds and quantities of such products destroyed; and the 447
time, place, and manner of the destruction of such products must 448
be kept, and a return under oath reporting the destruction must 449
be made to the court by the law enforcement officer who destroys 450
such products. 451
(2) The department or a law enforcement agency that seizes 452
contraband kratom products must keep a full and complete record 453
of all kratom products seized pursuant to this section, showing: 454
(a) The exact kinds, quantities, and forms of such 455
products. 456
(b) The persons from whom such products were seized and to 457
whom such products were delivered. 458
(c) By whose authority such products were seized, 459
delivered, and destroyed. 460
(d) The dates of seizure and disposal or destruction of 461
such products. 462
463
Such record must be made available for inspection by all persons 464
charged with the enforcement of ss. 500.92 and 500.925. 465
(3) Any costs associated with the seizure and destruction 466
of contraband kratom products pursuant to this section are borne 467
by the person from whom such products are seized. 468
(4) Except as otherwise provided in this section, the 469
provisions of the Florida Contraband Forfeiture Act apply to 470
this section. 471

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Section 4. Section 500.95, Florida Statutes, is created to 472
read: 473
500.95 Ingesting kratom products prohibited near school 474
property; penalty.— 475
(1) A person may not ingest kratom products in, on, or 476
within 1,000 feet of the real property comprising a public or 477
private elementary, middle, or secondary school between the 478
hours of 6 a.m. and midnight. This subsection does not apply to 479
a person in a moving vehicle or within a private residence. 480
(2) A law enforcement officer may issue a citation in such 481
form as prescribed by a county or municipality to any person who 482
violates subsection (1). Such citation must contain: 483
(a) The date and time of issuance. 484
(b) The name and address of the person cited. 485
(c) The date and time the civil infraction was committed. 486
(d) The statute violated. 487
(e) The facts constituting the violation. 488
(f) The name and authority of the law enforcement officer. 489
(g) The procedure for the person to follow to pay the 490
civil penalty, to contest the citation, or to appear in court. 491
(h) The applicable civil penalty if the person elects not 492
to contest the citation. 493
(i) The applicable civil penalty if the person elects to 494
contest the citation. 495
(3) A person issued a citation pursuant to subsection (2) 496

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is charged with a civil infraction, punishable by a civil 497
penalty of up to $25, 50 hours of community service, or, if 498
available, successful completion of a school-approved, anti-499
drug, alternative-to-suspension program. 500
(4) A person who fails to comply with the directions on a 501
citation issued pursuant to subsection (2) waives his or her 502
right to contest the citation, and an order to show cause may be 503
issued by the court. 504
Section 5. Subsection (1) of section 565.04, Florida 505
Statutes, is amended to read: 506
565.04 Package store restrictions.— 507
(1) Vendors licensed under s. 565.02(1)(a) shall not in 508
said place of business sell, offer, or expose for sale any 509
merchandise other than such beverages, and such places of 510
business shall be devoted exclusively to such sales; provided, 511
however, that such vendors shall be permitted to sell bitters; 512
grenadine; nonalcoholic mixer-type beverages, not to include 513
fruit juices produced outside this state; fruit juices produced 514
in this state; home bar and party supplies and equipment, 515
including but not limited to glassware and party-type foods; 516
miniatures of no alcoholic content; nicotine products; and 517
tobacco products. Such places of business shall have no openings 518
permitting direct access to any other building or room, except 519
to a private office or storage room of the place of business 520
from which patrons are excluded. Vendors licensed under s. 521

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565.02(1)(a) may sell kratom products in accordance with the 522
Florida Kratom Consumer Protection Act. 523
Section 6. Paragraph (a) of subsection (2) of section 524
565.045, Florida Statutes, is amended to read: 525
565.045 Regulations for consumption on premises; penalty; 526
exemptions.— 527
(2)(a) There may shall not be sold at such places of 528
business anything other than the beverages permitted;, home bar 529
and party supplies and equipment, (including, but not limited 530
to, glassware and party-type foods;), cigarettes; kratom 531
products in accordance with the Florida Kratom Consumer 532
Protection Act;, and what is customarily sold in a restaurant. 533
Section 7. Section 569.006, Florida Statutes, is amended 534
to read: 535
569.006 Retail tobacco products dealers; administrative 536
penalties.—The division may suspend or revoke the permit of the 537
dealer upon sufficient cause appearing of the violation of any 538
of the provisions of s. 500.92, s. 500.925, or this chapter, 539
including part II of this chapter if the dealer deals, at 540
retail, in nicotine products within the state or allows a 541
nicotine products vending machine to be located on its premises 542
within the state, by a dealer or by a dealer's agent or 543
employee. The division may also assess and accept administrative 544
fines of up to $1,000 against a dealer for each violation. The 545
division shall deposit all fines collected into the General 546

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Revenue Fund as collected. An order imposing an administrative 547
fine becomes effective 15 days after the date of the order. The 548
division may suspend the imposition of a penalty against a 549
dealer, conditioned upon the dealer's compliance with terms the 550
division considers appropriate. 551
Section 8. Section 569.35, Florida Statutes, is amended to 552
read: 553
569.35 Retail nicotine product dealers; administrative 554
penalties.—The division may suspend or revoke the permit of a 555
dealer, including the retail tobacco products dealer permit of a 556
retail tobacco products dealer as defined in s. 569.002(4), upon 557
sufficient cause appearing of the violation of any of the 558
provisions of s. 500.92, s. 500.925, or this part, by a dealer, 559
or by a dealer's agent or employee. The division may also assess 560
and accept an administrative fine of up to $1,000 against a 561
dealer for each violation. The division shall deposit all fines 562
collected into the General Revenue Fund as collected. An order 563
imposing an administrative fine becomes effective 15 days after 564
the date of the order. The division may suspend the imposition 565
of a penalty against a dealer, conditioned upon the dealer's 566
compliance with terms the division considers appropriate. 567
Section 9. This act shall take effect July 1, 2026. 568