Florida HB 1409: Education in Public Schools Concerning Human Sexuality

Bill Text

HB 1409 2026

CODING: Words stricken are deletions; words underlined are additions.
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A bill to be entitled 1
An act relating to THC; amending s. 316.1936, F.S.; 2
defining the term "THC-infused beverage"; prohibiting 3
a person from possessing an open container of a THC-4
infused beverage or consuming such beverage while 5
operating a vehicle in this state, being a passenger 6
in or on a vehicle being operated in this state, or 7
while seated in or on a parked or stopped motor 8
vehicle within a road in this state; authorizing a 9
county or municipality to adopt certain restrictions 10
on the possession of THC-infused beverages in 11
vehicles; amending s. 500.03, F.S.; revising the 12
definition of the term "food"; creating s. 581.218, 13
F.S.; defining the term "THC-infused beverage"; 14
prohibiting a person from selling, giving, serving, or 15
permitting the service of THC-infused beverages to 16
persons under 21 years of age; providing criminal 17
penalties; prohibiting the possession of THC-infused 18
beverages by persons under 21 years of age; providing 19
criminal penalties; prohibiting the retail sale of 20
THC-infused beverages at certain locations; 21
prohibiting THC-infused beverages from containing 22
alcoholic or intoxicating beverages; prohibiting the 23
location of an establishment permitted to sell THC-24
infused beverages within a certain distance of a 25

HB 1409 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1409-00
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school or day care facility; requiring that a retail 26
sale or transaction for THC-infused beverages occur in 27
a specified manner; prohibiting the direct delivery of 28
THC-infused beverages to consumers; prohibiting a 29
retail licensee from applying for or holding certain 30
licenses and permits; requiring that THC-infused 31
beverages be distributed by a licensed distributor; 32
prohibiting a THC-infused beverage distributor from 33
taking certain actions; requiring such distributors to 34
pay a certain tax to the Division of Alcoholic 35
Beverages and Tobacco within the Department of 36
Business and Professional Regulation; authorizing THC-37
infused beverage distributors to credit sales to a 38
vendor; prohibiting a retail vendor of THC-infused 39
beverages from taking certain actions; requiring 40
certain THC-infused beverages to comply with certain 41
requirements; providing civil penalties; reenacting s. 42
316.2069(5), F.S., relating to commercial megacycles, 43
to incorporate the amendment made to s. 316.1936, 44
F.S., in a reference thereto; providing an effective 45
date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Section 316.1936, Florida Statutes, is amended 50

HB 1409 2026

CODING: Words stricken are deletions; words underlined are additions.
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to read: 51
316.1936 Possession of open containers of alcoholic 52
beverages or THC-infused beverages in vehicles prohibited; 53
penalties.— 54
(1) As used in this section, the term: 55
(a) "Open container" means any container of an alcoholic 56
beverage or a THC-infused beverage which is immediately capable 57
of being consumed from, or the seal of which has been broken. 58
(b) "Road" means a way open to travel by the public, 59
including, but not limited to, a street, highway, or alley. The 60
term includes associated sidewalks, the roadbed, the right-of-61
way, and all culverts, drains, sluices, ditches, water storage 62
areas, embankments, slopes, retaining walls, bridges, tunnels, 63
and viaducts necessary for the maintenance of travel, and all 64
ferries used in connection therewith. 65
(c) "THC-infused beverage" means a soft drink, soda, 66
juice, tea, or other beverage intended for ingestion which 67
contains low-THC cannabis as defined in s. 381.986. 68
(2)(a) It is unlawful and punishable as provided in this 69
section for any person to do either of the following while 70
operating a vehicle in this state or while being a passenger in 71
or on a vehicle being operated in this state: 72
1. Possess an open container of an alcoholic beverage or a 73
THC-infused beverage. 74
2. Consume an alcoholic beverage or a THC-infused beverage 75

HB 1409 2026

CODING: Words stricken are deletions; words underlined are additions.
hb1409-00
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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

while operating a vehicle in the state or while a passenger in 76
or on a vehicle being operated in the state. 77
(b) It is unlawful and punishable as provided in this 78
section for any person to do either of the following while 79
seated in or on a motor vehicle that is parked or stopped within 80
a road: 81
1. Possess an open container of an alcoholic beverage or a 82
THC-infused beverage. 83
2. Consume an alcoholic be