Florida HB 1205: Kratom

Bill Text

CS/HB 1205 2026

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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

CS/HB 1205 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

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

CS/HB 1205 2026

CODING: Words stricken are deletions; words underlined are additions.
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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

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

CS/HB 1205 2026

CODING: Words stricken are deletions; words underlined are additions.
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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