THE BILL ITSELF
HB 1409
THC
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A bill to be entitled
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An act relating to THC; amending s. 316.1936, F.S.;
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defining the term "THC-infused beverage"; prohibiting
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a person from possessing an open container of a THC-
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infused beverage or consuming such beverage while
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operating a vehicle in this state, being a passenger
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in or on a vehicle being operated in this state, or
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while seated in or on a parked or stopped motor
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vehicle within a road in this state; authorizing a
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county or municipality to adopt certain restrictions
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on the possession of THC-infused beverages in
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vehicles; amending s. 500.03, F.S.; revising the
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definition of the term "food"; creating s. 581.218,
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F.S.; defining the term "THC-infused beverage";
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prohibiting a person from selling, giving, serving, or
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permitting the service of THC-infused beverages to
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persons under 21 years of age; providing criminal
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penalties; prohibiting the possession of THC-infused
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beverages by persons under 21 years of age; providing
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criminal penalties; prohibiting the retail sale of
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THC-infused beverages at certain locations;
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prohibiting THC-infused beverages from containing
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alcoholic or intoxicating beverages; prohibiting the
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location of an establishment permitted to sell THC-
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infused beverages within a certain distance of a
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school or day care facility; requiring that a retail
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sale or transaction for THC-infused beverages occur in
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a specified manner; prohibiting the direct delivery of
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THC-infused beverages to consumers; prohibiting a
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retail licensee from applying for or holding certain
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licenses and permits; requiring that THC-infused
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beverages be distributed by a licensed distributor;
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prohibiting a THC-infused beverage distributor from
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taking certain actions; requiring such distributors to
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pay a certain tax to the Division of Alcoholic
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Beverages and Tobacco within the Department of
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Business and Professional Regulation; authorizing THC-
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infused beverage distributors to credit sales to a
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vendor; prohibiting a retail vendor of THC-infused
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beverages from taking certain actions; requiring
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certain THC-infused beverages to comply with certain
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requirements; providing civil penalties; reenacting s.
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316.2069(5), F.S., relating to commercial megacycles,
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to incorporate the amendment made to s. 316.1936,
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F.S., in a reference thereto; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 316.1936, Florida Statutes, is amended
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to read:
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316.1936 Possession of open containers of alcoholic
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beverages or THC-infused beverages in vehicles prohibited;
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penalties.—
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(1) As used in this section, the term:
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(a) "Open container" means any container of an alcoholic
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beverage or a THC-infused beverage which is immediately capable
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of being consumed from, or the seal of which has been broken.
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(b) "Road" means a way open to travel by the public,
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including, but not limited to, a street, highway, or alley. The
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term includes associated sidewalks, the roadbed, the right-of-
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way, and all culverts, drains, sluices, ditches, water storage
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areas, embankments, slopes, retaining walls, bridges, tunnels,
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and viaducts necessary for the maintenance of travel, and all
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ferries used in connection therewith.
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(c) "THC-infused beverage" means a soft drink, soda,
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juice, tea, or other beverage intended for ingestion which
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contains low-THC cannabis as defined in s. 381.986.
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(2)(a) It is unlawful and punishable as provided in this
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section for any person to do either of the following while
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operating a vehicle in this state or while being a passenger in
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or on a vehicle being operated in this state:
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1. Possess an open container of an alcoholic beverage or a
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THC-infused beverage.
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2. Consume an alcoholic beverage or a THC-infused beverage
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while operating a vehicle in the state or while a passenger in
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or on a vehicle being operated in the state.
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(b) It is unlawful and punishable as provided in this
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section for any person to do either of the following while
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seated in or on a motor vehicle that is parked or stopped within
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a road:
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1. Possess an open container of an alcoholic beverage or a
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THC-infused beverage.
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2. Consume an alcoholic beverage or a THC-infused beverage
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while seated in or on a motor vehicle that is parked or stopped
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within a road as defined in this section.
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(c) Notwithstanding the prohibition contained in this
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section, passengers in vehicles designed, maintained, and used
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primarily for the transportation of persons for compensation and
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in motor homes are exempt.
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(3) An open container shall be considered to be in the
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possession of the operator of a vehicle if the container is not
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in the possession of a passenger and is not located in a locked
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glove compartment, locked trunk, or other locked nonpassenger
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area of the vehicle.
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(4) An open container shall be considered to be in the
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possession of a passenger of a vehicle if the container is in
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the physical control of the passenger.
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(5) This section shall not apply to:
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(a) A passenger of a vehicle in which the driver is
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operating the vehicle pursuant to a contract to provide
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transportation for passengers and such driver holds a valid
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commercial driver license with a passenger endorsement issued in
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accordance with the requirements of chapter 322;
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(b) A passenger of a bus in which the driver holds a valid
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commercial driver license with a passenger endorsement issued in
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accordance with the requirements of chapter 322; or
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(c) A passenger of a self-contained motor home which is in
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excess of 21 feet in length.
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(6) Any operator of a vehicle who violates this section is
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guilty of a noncriminal moving traffic violation, punishable as
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provided in chapter 318. A passenger of a vehicle who violates
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this section is guilty of a nonmoving traffic violation,
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punishable as provided in chapter 318.
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(7) A county or municipality may adopt an ordinance which
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imposes more stringent restrictions on the possession of
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alcoholic beverages or THC-infused beverages in vehicles than
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those imposed by this section.
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(8) Nothing in this section prohibits the enforcement of
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s. 316.302.
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(9) An alcoholic beverage that has been sealed by a
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licensee or the employee of a licensee and is transported
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pursuant to s. 564.09, s. 561.20(2)(a)4., or s. 565.045(1) is
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not an open container under this section.
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Section 2. Paragraph (n) of subsection (1) of section
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500.03, Florida Statutes, is amended to read:
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500.03 Definitions; construction; applicability.—
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(1) For the purpose of this chapter, the term:
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(n) "Food" includes:
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1. Articles used for food or drink for human consumption;
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2. Chewing gum;
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3. Articles used for components of any such article;
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4. Articles for which health claims are made, which claims
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are approved by the Secretary of the United States Department of
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Health and Human Services and which claims are made in
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accordance with s. 343(r) of the federal act, and which are not
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considered drugs solely because their labels or labeling contain
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health claims;
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5. Dietary supplements as defined in 21 U.S.C. s.
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321(ff)(1) and (2); and
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6. Consumable THC products, excluding THC-infused
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beverages Hemp extract as defined in s. 581.218(1) s. 581.217.
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The term includes any raw, cooked, or processed edible
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substance; ice; any beverage; or any ingredient used, intended
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for use, or sold for human consumption.
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Section 3. Section 581.218, Florida Statutes, is created
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to read:
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581.218 Restrictions on the sale of THC-infused
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beverages.—
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(1) DEFINITIONS.—As used in this section, the term "THC-
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infused beverage" means a soft drink, soda, juice, tea, or other
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beverage intended for ingestion which contains low-THC cannabis
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as defined in s. 381.986.
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(2) PROHIBITIONS.—
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(a) It is unlawful for any person to:
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1. Sell, give, serve, or permit to be served THC-infused
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beverages to a person under 21 years of age, or permit a person
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under 21 years of age to consume such beverages. A person who
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violates this subparagraph commits a misdemeanor of the second
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degree, punishable as provided in s. 775.082 or s. 775.083. A
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person who violates this subparagraph a second or subsequent
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time within 1 year after a prior conviction commits a
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misdemeanor of the first degree, punishable as provided in s.
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775.082 or s. 775.083.
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2. Possess THC-infused beverages if such person is under
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21 years of age. Any person who violates this subparagraph
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commits a misdemeanor of the second degree, punishable as
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provided in s. 775.082 or s. 775.083. A second or subsequent
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violation of this subparagraph less than 1 year after the first
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violation is a misdemeanor of the first degree, punishable as
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provided in s. 775.082 or s. 775.083.
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3. Sell, at retail, THC-infused beverages at a location
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other than premises licensed to sell alcoholic beverages under
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s. 565.02(1). Unpermitted business sales, street sales, or
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festival sales are prohibited.
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(b) THC-infused beverages may not contain alcoholic
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beverages or intoxicating beverages as defined in s. 561.01(4)
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and (5), respectively.
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(3) RETAIL SALE OF THC-INFUSED BEVERAGES.—
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(a) An establishment permitted to sell THC-infused
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beverages may not be located within 500 feet of a school or day
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care facility.
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(b) Retail sales of THC-infused beverages or transfers of
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THC-infused beverages from retailer to consumer must take place
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at a licensed retail location in a face-to-face transaction. The
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delivery of THC-infused beverages to consumers, directly or
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indirectly, is prohibited.
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(c) A retail licensee permitted to sell THC-infused
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beverages may not apply for or hold either of the following:
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1. A license to distribute such beverages under s.
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581.217(7)(b).
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2. A food permit to manufacture such beverages under
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chapter 500 and rule 5K-4, Florida Administrative Code.
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(4) THC-INFUSED BEVERAGE DISTRIBUTOR.—
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(a) THC-infused beverages may be distributed in this state
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only by a distributor licensed under the Beverage Law as
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described in s. 561.14(2). A distributor permitted to distribute
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THC-infused beverages must own or lease a licensed premises in
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this state.
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(b) A distributor of THC-infused beverages may not:
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1. Assist any retail vendor by any gift or loan of money
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or property of any description, including equipment, fixtures,
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or furnishings.
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2. Sell or provide THC-infused beverages to a retail
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vendor who does not hold an active hemp permit.
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3. Make consignment sales to retail vendors of THC-infused
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beverages, including any right of return or exchange because the
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product is overstocked or slow moving.
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4. Give a retailer of THC-infused beverages anything of
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value to promote THC-infused beverages or provide shelf space or
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floor space to stock or promote THC-infused beverages.
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5. Apply for or hold a food permit to manufacture THC-
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infused beverages under chapter 500 and rule 5K-4, Florida
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Administrative Code.
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(c) Distributors shall pay a tax at the rate of 5 cents
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per milligram of hemp-derived cannabinoid in each THC-infused
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beverage sold at wholesale in this state. The tax shall be paid
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to the Division of Alcoholic Beverages and Tobacco within the
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Department of Business and Professional Regulation monthly on or
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before the 10th day of the following month.
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(d) Credit for the sale of THC-infused beverages may be
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extended by distributors to any vendor up to, but not including,
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the 10th day after the calendar week within which such sale was
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made.
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(5) THC-INFUSED BEVERAGE RETAIL VENDOR.—A retail vendor of
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THC-infused beverages may not:
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(a) Purchase or otherwise obtain such beverages from a
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person not licensed as a distributor licensed under the Beverage
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Law as described in s. 561.14(2).
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(b) Attempt to return to a distributor or exchange a THC-
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infused beverage because the product is overstocked or slow
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moving.
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(6) TESTING AND PURITY.—THC-infused beverages
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manufactured, marketed, distributed, or sold at retail in this
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state must comply with all testing, purity, THC limit,
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packaging, and labeling requirements in s. 581.217.
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(7) CIVIL PENALTIES.—A person or entity that violates this
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section is subject to a civil penalty levied by the Division of
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Alcoholic Beverages and Tobacco within the Department of
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Business and Professional Regulation according to the following
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schedule:
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(a) One thousand dollars for a first offense.
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(b) Five thousand dollars for a second offense.
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(c) Ten thousand dollars for a third or subsequent
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offense.
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Section 4. For the purpose of incorporating the amendment
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made by this act to section 316.1936, Florida Statutes, in a
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reference thereto, subsection (5) of section 316.2069, Florida
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Statutes, is reenacted to read:
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316.2069 Commercial megacycles.—The governing body of a
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municipality, or the governing board of a county with respect to
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an unincorporated portion of the county, may authorize the
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operation of a commercial megacycle on roads or streets within
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the respective jurisdictions if the requirements of subsections
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(1)-(3) are met:
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(5) Section 316.1936 does not apply to the passengers
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being transported in a commercial megacycle while operating in
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accordance with this section.
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Section 5. This act shall take effect July 1, 2026.