Bill

Bill > H7029


FL H7029

FL H7029
Taxation of Hemp Consumable THC Products


summary

Introduced
04/02/2025
In Committee
04/22/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to the taxation of hemp consumable THC products; amending s. 212.02, F.S.; revising the definition of term "sales price"; creating s. 581.222, F.S.; providing definitions; creating s. 581.223, F.S.; providing legislative findings; providing for excise taxes on hemp consumable THC products; creating s. 581.224, F.S.; requiring dealers of hemp consumable THC products to file a certificate of registration application with the Department of Agriculture and Consumer Services; defining the term "active dealer"; creating s. 581.225, F.S.; providing for the payment and collection of excise taxes on hemp consumable THC products; defining the term "recurring sales to a purchaser in the normal course of business"; creating s. 581.226, F.S.; providing for the allocation and disposition of proceeds of excise taxes on hemp consumable THC products; creating s. 581.227, F.S.; providing for returns and remittance of such taxes; creating s. 581.2275, F.S.; providing penalties; creating s. 581.228, F.S.; providing powers of the department; creating s. 581.229, F.S.; requiring that payment of hemp consumable THC product excise taxes and filing of such excise tax returns be made by electronic funds transfer and electronic data interchange, respectively; creating s. 581.231, F.S.; declaring that excise taxes on hemp consumable THC products are government funds; providing for certain penalties and warrants; creating s. 581.232, F.S.; providing recordkeeping, inspection, and audit requirements for dealers of hemp consumable THC products; creating s. 581.233, F.S.; providing powers of the department in dealing with tax payment delinquencies; creating s. 581.234, F.S.; providing procedures for fraudulent tax activities; creating s. 581.235, F.S.; providing circuit court jurisdiction for violations; authorizing the department to adopt emergency rules; providing contingent effective dates.

AI Summary

This bill establishes a comprehensive regulatory and taxation framework for hemp consumable THC products in Florida. The legislation creates a new 15% excise tax on retail sales of hemp consumable THC products and requires dealers to register with the Department of Agriculture and Consumer Services. Dealers must obtain a certificate of registration, maintain detailed records for at least 10 years, and collect and remit the excise tax separately from other charges on sales invoices. The first $6 million collected from the tax will be deposited into the department's General Inspection Trust Fund to support product testing and enforcement, with any remaining proceeds going to the General Revenue Fund. The bill outlines strict reporting requirements, including electronic tax filing for dealers with significant sales, and establishes significant penalties for non-compliance, ranging from misdemeanors to felonies depending on the amount of unreported taxes. Dealers are prohibited from advertising that they will absorb the tax or refund it to purchasers, and the department is granted broad powers to investigate, audit, and enforce these new regulations. The law is set to take effect on January 1, 2026, contingent on the passage of related legislation, and allows the Department of Agriculture and Consumer Services to adopt emergency rules to implement the act.

Committee Categories

Budget and Finance, Business and Industry

Sponsors (1)

Other Sponsors (3)

Commerce Committee (House), House Budget Committee (House), Housing, Agriculture & Tourism Subcommittee (House)

Last Action

Died on Second Reading Calendar (on 06/16/2025)

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