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Agenda 07/11/2017 Item #11C07/11/2017 EXECUTIVE SUMMARY Recommendation to direct staff to either 1) prepare an Ordinance to ban medical marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to publicly vet a Land Development Code (LDC) Amendment to permit medical marijuana dispensaries in the same zoning districts as pharmacies. OBJECTIVE: To obtain Board of County Commissioners (Board) direction regarding the regulation of medical marijuana dispensaries in Collier County. CONSIDERATIONS: On February 2, 2017, the Board initiated a moratorium for cannabis dispensing businesses in order to give staff time to review pending legislation and develop land use regulations regarding medical marijuana. On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill). The Bill introduces comprehensive changes to F.S 381.986 which preempts County regulation of medical marijuana treatment centers with dispensing facilities. Under the Bill the County has the following two options when addressing medical marijuana dispensaries: 1. The County may by Ordinance ban medical marijuana dispensaries from locating within the boundaries of the County. 2. The County may allow medical marijuana dispensaries as described below: If the Board does not elect a ban, the County may restrict medical marijuana dispensaries from locating within 500 feet of a public or private elementary, middle, or secondary school; and the County may determine by Ordinance criteria for the location of, and permitting requiremen ts for, medical marijuana dispensaries that is not in conflict with state law. However, the County may not: •Place limits on the number of dispensing facilities that may locate within Collier County, and •Enact an Ordinance for permitting, or determining the location of, dispensing facilities which is more restrictive than the County’s Ordinances permitting or determining the locations for pharmacies. Therefore, if the Board does not elect to ban dispensing facilities, an LDC amendment would be brought to the Board prior to the moratorium end date of October 11, 2017, that allows medical marijuana dispensaries in the same zoning districts as pharmacies and not within 500 feet of a public or private elementary, middle, or secondary school. FISCAL IMPACT: There are no fiscal impacts associated with this action. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The relevant provisions in the Bill (with the Bill's line items noted) are as follows: (11) PREEMPTION.-Regulation of cultivation, processing, and 1434 delivery of marijuana by medical marijuana treatment centers is 1435 preempted to the state except as provided in this subsection. 1436 (a) A medical marijuana treatment center cultivating or 1437 processing facility may not be located within 500 feet of the 1438 real property that comprises a public or private elementary 1439 school, middle school, or secondary school. 07/11/2017 1440 (b)1. A county or municipality may, by ordinance, ban 1441 medical marijuana treatment center dispensing facilities from 1442 being located within the boundaries of that county or 1443 municipality. A county or municipality that does not ban 1444 dispensing facilities under this subparagraph may not place 1445 specific limits, by ordinance, on the number of dispensing 1446 facilities that may locate within that county or municipality. 1447 2. A municipality may determine by ordinance the criteria 1448 for the location of, and other permitting requirements that do 1449 not conflict with state law or department rule for, medical 1450 marijuana treatment center dispensing facilities located within 1451 the boundaries of that municipality. A county may determine by 1452 ordinance the criteria for the location of, and other permitting 1453 requirements that do not conflict with state law or department 1454 rule for, all such dispensing facilities located within the 1455 unincorporated areas of that county. Except as provided in 1456 paragraph (c), a county or municipality may not enact ordinances 1457 for permitting or for determining the location of dispensing 1458 facilities which are more restrictive than its ordinances 1459 permitting or determining the locations for pharmacies licensed 1460 under chapter 465. A municipality or county may not charge a 1461 medical marijuana treatment center a license or permit fee in an 1462 amount greater than the fee charged by such municipality or 1463 county to pharmacies. A dispensing facility location approved by 1464 a municipality or county pursuant to former s. 381.986(8)(b), 1465 Florida Statutes 2016, is not subject to the location 1466 requirements of this subsection. 1467 (c) A medical marijuana treatment center dispensing 1468 facility may not be located within 500 feet of the real property 1469 that comprises a public or private elementary school, middle 1470 school, or secondary school unless the county or municipality 1471 approves the location through a formal proceeding open to the 1472 public at which the county or municipality determines that the 1473 location promotes the public health, safety, and general welfare 1474 of the community. 1475 (d) This subsection does not prohibit any local 1476 jurisdiction from ensuring medical marijuana treatment center 1477 facilities comply with the Florida Building Code, the Florida 1478 Fire Prevention Code, or any local amendments to the Florida 1479 Building Code or the Florida Fire Prevention Code. Note that the statute authorizes the Board to ban these facilities throughout the entire County (including the Municipalities), but not necessarily the unincorporated area of the County. With that noted, this item is approved as to form and legality and requires majority vote for approval. -JAK RECOMMENDATION: To direct staff to either 1) prepare an Ordinance to ban medical marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to publicly vet a land development code amendment to permit medical marijuana dispensaries in the same zoning 07/11/2017 districts as pharmacies. Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division ATTACHMENT(S) 1. [Linked] SB 8-A (PDF) 07/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 11.C Doc ID: 3410 Item Summary: Recommendation to direct staff to either 1) prepare an Ordinance to ban medical marijuana dispensing facilities from locating within the boundaries of Collier County, or 2) to continue to publicly vet a Land Development Code (LDC) Amendment to permit medical marijuana dispensaries in the same zoning districts as pharmacies. (Mike Bosi, Planning and Zoning Division Director) Meeting Date: 07/11/2017 Prepared by: Title: Planner, Senior – Growth Management Development Review Name: Jeremy Frantz 06/26/2017 10:41 AM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 06/26/2017 10:41 AM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 06/26/2017 11:31 AM Zoning Michael Bosi Additional Reviewer Completed 06/27/2017 8:21 AM Growth Management Department Jeremy Frantz Level 2 Division Administrator Skipped 06/21/2017 2:45 PM Growth Management Department Kenneth Kovensky Additional Reviewer Completed 06/27/2017 9:51 AM County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 06/27/2017 4:22 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/28/2017 8:22 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/30/2017 12:11 PM Budget and Management Office Mark Isackson Additional Reviewer Completed 06/30/2017 4:44 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/03/2017 10:53 AM Board of County Commissioners MaryJo Brock Meeting Pending 07/11/2017 9:00 AM ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 1 of 78 CODING: Words stricken are deletions; words underlined are additions. 1 An act relating to medical use of marijuana; providing 2 legislative intent; amending s. 212.08, F.S.; 3 providing an exemption from the state tax on sales, 4 use, and other transactions for marijuana and 5 marijuana delivery devices used for medical purposes; 6 amending s. 381.986, F.S.; providing, revising, and 7 deleting definitions; providing qualifying medical 8 conditions for a patient to be eligible to receive 9 marijuana or a marijuana delivery device; providing 10 requirements for designating a qualified physician or 11 medical director; providing criteria for certification 12 of a patient for medical marijuana treatment by a 13 qualified physician; providing for certain patients 14 registered with the medical marijuana use registry to 15 be deemed qualified; requiring the Department of 16 Health to monitor physician registration and 17 certifications in the medical marijuana use registry; 18 requiring the Board of Medicine and the Board of 19 Osteopathic Medicine to create a physician 20 certification pattern review panel; providing 21 rulemaking authority to the department and the boards; 22 requiring the department to establish a medical 23 marijuana use registry; specifying entities and 24 persons who have access to the registry; providing 25 requirements for registration of, and maintenance of 26 registered status by, qualified patients and 27 caregivers; providing criteria for nonresidents to 28 prove residency for registration as a qualified 29 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 2 of 78 CODING: Words stricken are deletions; words underlined are additions. patient; defining the term “seasonal resident”; 30 authorizing the department to suspend or revoke the 31 registration of a patient or caregiver under certain 32 circumstances; providing requirements for the issuance 33 of medical marijuana use registry identification 34 cards; requiring the department to issue licenses to a 35 certain number of medical marijuana treatment centers; 36 providing for license renewal and revocation; 37 providing conditions for change of ownership; 38 providing for continuance of certain entities 39 authorized to dispense low-THC cannabis, medical 40 cannabis, and cannabis delivery devices; requiring a 41 medical marijuana treatment center to comply with 42 certain standards in the production and distribution 43 of edibles; requiring the department to establish, 44 maintain, and control a computer seed-to-sale 45 marijuana tracking system; requiring background 46 screening of owners, officers, board members, and 47 managers of medical marijuana treatment centers; 48 requiring the department to establish protocols and 49 procedures for operation, conduct periodic 50 inspections, and restrict location of medical 51 marijuana treatment centers; providing a limit on 52 county and municipal permit fees; authorizing counties 53 and municipalities to determine the location of 54 medical marijuana treatment centers by ordinance under 55 certain conditions; providing penalties; authorizing 56 the department to impose sanctions on persons or 57 entities engaging in unlicensed activities; providing 58 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 3 of 78 CODING: Words stricken are deletions; words underlined are additions. that a person is not exempt from prosecution for 59 certain offenses and is not relieved from certain 60 requirements of law under certain circumstances; 61 providing for certain school personnel to possess 62 marijuana pursuant to certain established policies and 63 procedures; providing that certain research 64 institutions may possess, test, transport, and dispose 65 of marijuana subject to certain conditions; providing 66 applicability; amending ss. 458.331 and 459.015, F.S.; 67 providing additional acts by a physician or an 68 osteopathic physician which constitute grounds for 69 denial of a license or disciplinary action to which 70 penalties apply; creating s. 381.988, F.S.; providing 71 for the establishment of medical marijuana testing 72 laboratories; requiring the Department of Health, in 73 collaboration with the Department of Agriculture and 74 Consumer Services and the Department of Environmental 75 Protection, to develop certification standards and 76 rules; providing limitations on the acquisition and 77 distribution of marijuana by a testing laboratory; 78 providing an exception for transfer of marijuana under 79 certain conditions; requiring a testing laboratory to 80 use a department-selected computer tracking system; 81 providing grounds for disciplinary and administrative 82 action; authorizing the department to refuse to issue 83 or renew, or suspend or revoke, a testing laboratory 84 license; creating s. 381.989, F.S.; defining terms; 85 directing the department and the Department of Highway 86 Safety and Motor Vehicles to institute public 87 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 4 of 78 CODING: Words stricken are deletions; words underlined are additions. education campaigns relating to cannabis and marijuana 88 and impaired driving; requiring evaluations of public 89 education campaigns; authorizing the department and 90 the Department of Highway Safety and Motor Vehicles to 91 contract with vendors to implement and evaluate the 92 campaigns; amending ss. 385.211, 499.0295, and 893.02, 93 F.S.; conforming provisions to changes made by the 94 act; creating s. 1004.4351, F.S.; providing a short 95 title; providing legislative findings; defining terms; 96 establishing the Coalition for Medical Marijuana 97 Research and Education within the H. Lee Moffitt 98 Cancer Center and Research Institute, Inc.; providing 99 a purpose for the coalition; establishing the Medical 100 Marijuana Research and Education Board to direct the 101 operations of the coalition; providing for the 102 appointment of board members; providing for terms of 103 office, reimbursement for certain expenses, and 104 meetings of the board; authorizing the board to 105 appoint a coalition director; prescribing the duties 106 of the coalition director; requiring the board to 107 advise specified entities and officials regarding 108 medical marijuana research and education in this 109 state; requiring the board to annually adopt a Medical 110 Marijuana Research and Education Plan; providing 111 requirements for the plan; requiring the board to 112 issue an annual report to the Governor and the 113 Legislature by a specified date; requiring the 114 Department of Health to submit reports to the board 115 containing specified data; specifying responsibilities 116 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 5 of 78 CODING: Words stricken are deletions; words underlined are additions. of the H. Lee Moffitt Cancer Center and Research 117 Institute, Inc.; amending s. 1004.441, F.S.; revising 118 definition; amending s. 1006.062, F.S.; requiring 119 district school boards to adopt policies and 120 procedures for access to medical marijuana by 121 qualified patients who are students; providing 122 emergency rulemaking authority; providing for venue 123 for a cause of action against the department; 124 providing for defense against certain causes of 125 action; directing the Department of Law Enforcement to 126 develop training for law enforcement officers and 127 agencies; amending s. 385.212, F.S.; renaming the 128 department’s Office of Compassionate Use; providing 129 severability; providing a directive to the Division of 130 Law Revision and Information; providing 131 appropriations; providing an effective date. 132 133 Be It Enacted by the Legislature of the State of Florida: 134 135 Section 1. Legislative intent.—It is the intent of the 136 Legislature to implement s. 29, Article X of the State 137 Constitution by creating a unified regulatory structure. If s. 138 29, Article X of the State Constitution is amended or a 139 constitutional amendment related to cannabis or marijuana is 140 adopted, this act shall expire 6 months after the effective date 141 of such amendment. 142 Section 2. Present paragraph (l) of subsection (2) of 143 section 212.08, Florida Statutes, is redesignated as paragraph 144 (m), and a new paragraph (l) is added to that subsection, to 145 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 6 of 78 CODING: Words stricken are deletions; words underlined are additions. read: 146 212.08 Sales, rental, use, consumption, distribution, and 147 storage tax; specified exemptions.—The sale at retail, the 148 rental, the use, the consumption, the distribution, and the 149 storage to be used or consumed in this state of the following 150 are hereby specifically exempt from the tax imposed by this 151 chapter. 152 (2) EXEMPTIONS; MEDICAL.— 153 (l) Marijuana and marijuana delivery devices, as defined in 154 s. 381.986, are exempt from the taxes imposed under this 155 chapter. 156 Section 3. Section 381.986, Florida Statutes, is amended to 157 read: 158 (Substantial rewording of section. See 159 s. 381.986, F.S., for present text.) 160 381.986 Medical use of marijuana.— 161 (1) DEFINITIONS.—As used in this section, the term: 162 (a) “Caregiver” means a resident of this state who has 163 agreed to assist with a qualified patient’s medical use of 164 marijuana, has a caregiver identification card, and meets the 165 requirements of subsection (6). 166 (b) “Chronic nonmalignant pain” means pain that is caused 167 by a qualifying medical condition or that originates from a 168 qualifying medical condition and persists beyond the usual 169 course of that qualifying medical condition. 170 (c) “Close relative” means a spouse, parent, sibling, 171 grandparent, child, or grandchild, whether related by whole or 172 half blood, by marriage, or by adoption. 173 (d) “Edibles” means commercially produced food items made 174 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 7 of 78 CODING: Words stricken are deletions; words underlined are additions. with marijuana oil, but no other form of marijuana, that are 175 produced and dispensed by a medical marijuana treatment center. 176 (e) “Low-THC cannabis” means a plant of the genus Cannabis, 177 the dried flowers of which contain 0.8 percent or less of 178 tetrahydrocannabinol and more than 10 percent of cannabidiol 179 weight for weight; the seeds thereof; the resin extracted from 180 any part of such plant; or any compound, manufacture, salt, 181 derivative, mixture, or preparation of such plant or its seeds 182 or resin that is dispensed from a medical marijuana treatment 183 center. 184 (f) “Marijuana” means all parts of any plant of the genus 185 Cannabis, whether growing or not; the seeds thereof; the resin 186 extracted from any part of the plant; and every compound, 187 manufacture, salt, derivative, mixture, or preparation of the 188 plant or its seeds or resin, including low-THC cannabis, which 189 are dispensed from a medical marijuana treatment center for 190 medical use by a qualified patient. 191 (g) “Marijuana delivery device” means an object used, 192 intended for use, or designed for use in preparing, storing, 193 ingesting, inhaling, or otherwise introducing marijuana into the 194 human body, and which is dispensed from a medical marijuana 195 treatment center for medical use by a qualified patient. 196 (h) “Marijuana testing laboratory” means a facility that 197 collects and analyzes marijuana samples from a medical marijuana 198 treatment center and has been certified by the department 199 pursuant to s. 381.988. 200 (i) “Medical director” means a person who holds an active, 201 unrestricted license as an allopathic physician under chapter 202 458 or osteopathic physician under chapter 459 and is in 203 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 8 of 78 CODING: Words stricken are deletions; words underlined are additions. compliance with the requirements of paragraph (3)(c). 204 (j) “Medical use” means the acquisition, possession, use, 205 delivery, transfer, or administration of marijuana authorized by 206 a physician certification. The term does not include: 207 1. Possession, use, or administration of marijuana that was 208 not purchased or acquired from a medical marijuana treatment 209 center. 210 2. Possession, use, or administration of marijuana in a 211 form for smoking, in the form of commercially produced food 212 items other than edibles, or of marijuana seeds or flower, 213 except for flower in a sealed, tamper-proof receptacle for 214 vaping. 215 3. Use or administration of any form or amount of marijuana 216 in a manner that is inconsistent with the qualified physician’s 217 directions or physician certification. 218 4. Transfer of marijuana to a person other than the 219 qualified patient for whom it was authorized or the qualified 220 patient’s caregiver on behalf of the qualified patient. 221 5. Use or administration of marijuana in the following 222 locations: 223 a. On any form of public transportation, except for low-THC 224 cannabis. 225 b. In any public place, except for low-THC cannabis. 226 c. In a qualified patient’s place of employment, except 227 when permitted by his or her employer. 228 d. In a state correctional institution, as defined in s. 229 944.02, or a correctional institution, as defined in s. 944.241. 230 e. On the grounds of a preschool, primary school, or 231 secondary school, except as provided in s. 1006.062. 232 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 9 of 78 CODING: Words stricken are deletions; words underlined are additions. f. In a school bus, a vehicle, an aircraft, or a motorboat, 233 except for low-THC cannabis. 234 (k) “Physician certification” means a qualified physician’s 235 authorization for a qualified patient to receive marijuana and a 236 marijuana delivery device from a medical marijuana treatment 237 center. 238 (l) “Qualified patient” means a resident of this state who 239 has been added to the medical marijuana use registry by a 240 qualified physician to receive marijuana or a marijuana delivery 241 device for a medical use and who has a qualified patient 242 identification card. 243 (m) “Qualified physician” means a person who holds an 244 active, unrestricted license as an allopathic physician under 245 chapter 458 or as an osteopathic physician under chapter 459 and 246 is in compliance with the physician education requirements of 247 subsection (3). 248 (n) “Smoking” means burning or igniting a substance and 249 inhaling the smoke. 250 (o) “Terminal condition” means a progressive disease or 251 medical or surgical condition that causes significant functional 252 impairment, is not considered by a treating physician to be 253 reversible without the administration of life-sustaining 254 procedures, and will result in death within 1 year after 255 diagnosis if the condition runs its normal course. 256 (2) QUALIFYING MEDICAL CONDITIONS.—A patient must be 257 diagnosed with at least one of the following conditions to 258 qualify to receive marijuana or a marijuana delivery device: 259 (a) Cancer. 260 (b) Epilepsy. 261 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 10 of 78 CODING: Words stricken are deletions; words underlined are additions. (c) Glaucoma. 262 (d) Positive status for human immunodeficiency virus. 263 (e) Acquired immune deficiency syndrome. 264 (f) Post-traumatic stress disorder. 265 (g) Amyotrophic lateral sclerosis. 266 (h) Crohn’s disease. 267 (i) Parkinson’s disease. 268 (j) Multiple sclerosis. 269 (k) Medical conditions of the same kind or class as or 270 comparable to those enumerated in paragraphs (a)-(j). 271 (l) A terminal condition diagnosed by a physician other 272 than the qualified physician issuing the physician 273 certification. 274 (m) Chronic nonmalignant pain. 275 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— 276 (a) Before being approved as a qualified physician, as 277 defined in paragraph (1)(m), and before each license renewal, a 278 physician must successfully complete a 2-hour course and 279 subsequent examination offered by the Florida Medical 280 Association or the Florida Osteopathic Medical Association which 281 encompass the requirements of this section and any rules adopted 282 hereunder. The course and examination shall be administered at 283 least annually and may be offered in a distance learning format, 284 including an electronic, online format that is available upon 285 request. The price of the course may not exceed $500. A 286 physician who has met the physician education requirements of 287 former s. 381.986(4), Florida Statutes 2016, before the 288 effective date of this section, shall be deemed to be in 289 compliance with this paragraph from the effective date of this 290 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 11 of 78 CODING: Words stricken are deletions; words underlined are additions. act until 90 days after the course and examination required by 291 this paragraph become available. 292 (b) A qualified physician may not be employed by, or have 293 any direct or indirect economic interest in, a medical marijuana 294 treatment center or marijuana testing laboratory. 295 (c) Before being employed as a medical director, as defined 296 in paragraph (1)(i), and before each license renewal, a medical 297 director must successfully complete a 2-hour course and 298 subsequent examination offered by the Florida Medical 299 Association or the Florida Osteopathic Medical Association which 300 encompass the requirements of this section and any rules adopted 301 hereunder. The course and examination shall be administered at 302 least annually and may be offered in a distance learning format, 303 including an electronic, online format that is available upon 304 request. The price of the course may not exceed $500. 305 (4) PHYSICIAN CERTIFICATION.— 306 (a) A qualified physician may issue a physician 307 certification only if the qualified physician: 308 1. Conducted a physical examination while physically 309 present in the same room as the patient and a full assessment of 310 the medical history of the patient. 311 2. Diagnosed the patient with at least one qualifying 312 medical condition. 313 3. Determined that the medical use of marijuana would 314 likely outweigh the potential health risks for the patient, and 315 such determination must be documented in the patient’s medical 316 record. If a patient is younger than 18 years of age, a second 317 physician must concur with this determination, and such 318 concurrence must be documented in the patient’s medical record. 319 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 12 of 78 CODING: Words stricken are deletions; words underlined are additions. 4. Determined whether the patient is pregnant and 320 documented such determination in the patient’s medical record. A 321 physician may not issue a physician certification, except for 322 low-THC cannabis, to a patient who is pregnant. 323 5. Reviewed the patient’s controlled drug prescription 324 history in the prescription drug monitoring program database 325 established pursuant to s. 893.055. 326 6. Reviews the medical marijuana use registry and confirmed 327 that the patient does not have an active physician certification 328 from another qualified physician. 329 7. Registers as the issuer of the physician certification 330 for the named qualified patient on the medical marijuana use 331 registry in an electronic manner determined by the department, 332 and: 333 a. Enters into the registry the contents of the physician 334 certification, including the patient’s qualifying condition and 335 the dosage not to exceed the daily dose amount determined by the 336 department, the amount and forms of marijuana authorized for the 337 patient, and any types of marijuana delivery devices needed by 338 the patient for the medical use of marijuana. 339 b. Updates the registry within 7 days after any change is 340 made to the original physician certification to reflect such 341 change. 342 c. Deactivates the registration of the qualified patient 343 and the patient’s caregiver when the physician no longer 344 recommends the medical use of marijuana for the patient. 345 8. Obtains the voluntary and informed written consent of 346 the patient for medical use of marijuana each time the qualified 347 physician issues a physician certification for the patient, 348 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 13 of 78 CODING: Words stricken are deletions; words underlined are additions. which shall be maintained in the patient’s medical record. The 349 patient, or the patient’s parent or legal guardian if the 350 patient is a minor, must sign the informed consent acknowledging 351 that the qualified physician has sufficiently explained its 352 content. The qualified physician must use a standardized 353 informed consent form adopted in rule by the Board of Medicine 354 and the Board of Osteopathic Medicine, which must include, at a 355 minimum, information related to: 356 a. The Federal Government’s classification of marijuana as 357 a Schedule I controlled substance. 358 b. The approval and oversight status of marijuana by the 359 Food and Drug Administration. 360 c. The current state of research on the efficacy of 361 marijuana to treat the qualifying conditions set forth in this 362 section. 363 d. The potential for addiction. 364 e. The potential effect that marijuana may have on a 365 patient’s coordination, motor skills, and cognition, including a 366 warning against operating heavy machinery, operating a motor 367 vehicle, or engaging in activities that require a person to be 368 alert or respond quickly. 369 f. The potential side effects of marijuana use. 370 g. The risks, benefits, and drug interactions of marijuana. 371 h. That the patient’s de-identified health information 372 contained in the physician certification and medical marijuana 373 use registry may be used for research purposes. 374 (b) If a qualified physician issues a physician 375 certification for a qualified patient diagnosed with a 376 qualifying medical condition pursuant to paragraph (2)(k), the 377 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 14 of 78 CODING: Words stricken are deletions; words underlined are additions. physician must submit the following to the applicable board 378 within 14 days after issuing the physician certification: 379 1. Documentation supporting the qualified physician’s 380 opinion that the medical condition is of the same kind or class 381 as the conditions in paragraphs (2)(a)-(j). 382 2. Documentation that establishes the efficacy of marijuana 383 as treatment for the condition. 384 3. Documentation supporting the qualified physician’s 385 opinion that the benefits of medical use of marijuana would 386 likely outweigh the potential health risks for the patient. 387 4. Any other documentation as required by board rule. 388 389 The department must submit such documentation to the Coalition 390 for Medical Marijuana Research and Education established 391 pursuant to s. 1004.4351. 392 (c) A qualified physician may not issue a physician 393 certification for more than three 70-day supply limits of 394 marijuana. The department shall quantify by rule a daily dose 395 amount with equivalent dose amounts for each allowable form of 396 marijuana dispensed by a medical marijuana treatment center. The 397 department shall use the daily dose amount to calculate a 70-day 398 supply. 399 1. A qualified physician may request an exception to the 400 daily dose amount limit. The request shall be made 401 electronically on a form adopted by the department in rule and 402 must include, at a minimum: 403 a. The qualified patient’s qualifying medical condition. 404 b. The dosage and route of administration that was 405 insufficient to provide relief to the qualified patient. 406 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 15 of 78 CODING: Words stricken are deletions; words underlined are additions. c. A description of how the patient will benefit from an 407 increased amount. 408 d. The minimum daily dose amount of marijuana that would be 409 sufficient for the treatment of the qualified patient’s 410 qualifying medical condition. 411 2. A qualified physician must provide the qualified 412 patient’s records upon the request of the department. 413 3. The department shall approve or disapprove the request 414 within 14 days after receipt of the complete documentation 415 required by this paragraph. The request shall be deemed approved 416 if the department fails to act within this time period. 417 (d) A qualified physician must evaluate an existing 418 qualified patient at least once every 30 weeks before issuing a 419 new physician certification. A physician must: 420 1. Determine if the patient still meets the requirements to 421 be issued a physician certification under paragraph (a). 422 2. Identify and document in the qualified patient’s medical 423 records whether the qualified patient experienced either of the 424 following related to the medical use of marijuana: 425 a. An adverse drug interaction with any prescription or 426 nonprescription medication; or 427 b. A reduction in the use of, or dependence on, other types 428 of controlled substances as defined in s. 893.02. 429 3. Submit a report with the findings required pursuant to 430 subparagraph 2. to the department. The department shall submit 431 such reports to the Coalition for Medical Marijuana Research and 432 Education established pursuant to s. 1004.4351. 433 (e) An active order for low-THC cannabis or medical 434 cannabis issued pursuant to former s. 381.986, Florida Statutes 435 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 16 of 78 CODING: Words stricken are deletions; words underlined are additions. 2016, and registered with the compassionate use registry before 436 the effective date of this section, is deemed a physician 437 certification, and all patients possessing such orders are 438 deemed qualified patients until the department begins issuing 439 medical marijuana use registry identification cards. 440 (f) The department shall monitor physician registration in 441 the medical marijuana use registry and the issuance of physician 442 certifications for practices that could facilitate unlawful 443 diversion or misuse of marijuana or a marijuana delivery device 444 and shall take disciplinary action as appropriate. 445 (g) The Board of Medicine and the Board of Osteopathic 446 Medicine shall jointly create a physician certification pattern 447 review panel that shall review all physician certifications 448 submitted to the medical marijuana use registry. The panel shall 449 track and report the number of physician certifications and the 450 qualifying medical conditions, dosage, supply amount, and form 451 of marijuana certified. The panel shall report the data both by 452 individual qualified physician and in the aggregate, by county, 453 and statewide. The physician certification pattern review panel 454 shall, beginning January 1, 2018, submit an annual report of its 455 findings and recommendations to the Governor, the President of 456 the Senate, and the Speaker of the House of Representatives. 457 (h) The department, the Board of Medicine, and the Board of 458 Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1) 459 and 120.54 to implement this subsection. 460 (5) MEDICAL MARIJUANA USE REGISTRY.— 461 (a) The department shall create and maintain a secure, 462 electronic, and online medical marijuana use registry for 463 physicians, patients, and caregivers as provided under this 464 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 17 of 78 CODING: Words stricken are deletions; words underlined are additions. section. The medical marijuana use registry must be accessible 465 to law enforcement agencies, qualified physicians, and medical 466 marijuana treatment centers to verify the authorization of a 467 qualified patient or a caregiver to possess marijuana or a 468 marijuana delivery device and record the marijuana or marijuana 469 delivery device dispensed. The medical marijuana use registry 470 must also be accessible to practitioners licensed to prescribe 471 prescription drugs to ensure proper care for patients before 472 medications that may interact with the medical use of marijuana 473 are prescribed. The medical marijuana use registry must prevent 474 an active registration of a qualified patient by multiple 475 physicians. 476 (b) The department shall determine whether an individual is 477 a resident of this state for the purpose of registration of 478 qualified patients and caregivers in the medical marijuana use 479 registry. To prove residency: 480 1. An adult resident must provide the department with a 481 copy of his or her valid Florida driver license issued under s. 482 322.18 or a copy of a valid Florida identification card issued 483 under s. 322.051. 484 2. An adult seasonal resident who cannot meet the 485 requirements of subparagraph 1. may provide the department with 486 a copy of two of the following that show proof of residential 487 address: 488 a. A deed, mortgage, monthly mortgage statement, mortgage 489 payment booklet or residential rental or lease agreement. 490 b. One proof of residential address from the seasonal 491 resident’s parent, step-parent, legal guardian or other person 492 with whom the seasonal resident resides and a statement from the 493 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 18 of 78 CODING: Words stricken are deletions; words underlined are additions. person with whom the seasonal resident resides stating that the 494 seasonal resident does reside with him or her. 495 c. A utility hookup or work order dated within 60 days 496 before registration in the medical use registry. 497 d. A utility bill, not more than 2 months old. 498 e. Mail from a financial institution, including checking, 499 savings, or investment account statements, not more than 2 500 months old. 501 f. Mail from a federal, state, county, or municipal 502 government agency, not more than 2 months old. 503 g. Any other documentation that provides proof of 504 residential address as determined by department rule. 505 3. A minor must provide the department with a certified 506 copy of a birth certificate or a current record of registration 507 from a Florida K-12 school and must have a parent or legal 508 guardian who meets the requirements of subparagraph 1. 509 510 For the purposes of this paragraph, the term “seasonal resident” 511 means any person who temporarily resides in this state for a 512 period of at least 31 consecutive days in each calendar year, 513 maintains a temporary residence in this state, returns to the 514 state or jurisdiction of his or her residence at least one time 515 during each calendar year, and is registered to vote or pays 516 income tax in another state or jurisdiction. 517 (c) The department may suspend or revoke the registration 518 of a qualified patient or caregiver if the qualified patient or 519 caregiver: 520 1. Provides misleading, incorrect, false, or fraudulent 521 information to the department; 522 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 19 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. Obtains a supply of marijuana in an amount greater than 523 the amount authorized by the physician certification; 524 3. Falsifies, alters, or otherwise modifies an 525 identification card; 526 4. Fails to timely notify the department of any changes to 527 his or her qualified patient status; or 528 5. Violates the requirements of this section or any rule 529 adopted under this section. 530 (d) The department shall immediately suspend the 531 registration of a qualified patient charged with a violation of 532 chapter 893 until final disposition of any alleged offense. 533 Thereafter, the department may extend the suspension, revoke the 534 registration, or reinstate the registration. 535 (e) The department shall immediately suspend the 536 registration of any caregiver charged with a violation of 537 chapter 893 until final disposition of any alleged offense. The 538 department shall revoke a caregiver registration if the 539 caregiver does not meet the requirements of subparagraph 540 (6)(b)6. 541 (f) The department may revoke the registration of a 542 qualified patient or caregiver who cultivates marijuana or who 543 acquires, possesses, or delivers marijuana from any person or 544 entity other than a medical marijuana treatment center. 545 (g) The department shall revoke the registration of a 546 qualified patient, and the patient’s associated caregiver, upon 547 notification that the patient no longer meets the criteria of a 548 qualified patient. 549 (h) The department may adopt rules pursuant to ss. 550 120.536(1) and 120.54 to implement this subsection. 551 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 20 of 78 CODING: Words stricken are deletions; words underlined are additions. (6) CAREGIVERS.— 552 (a) The department must register an individual as a 553 caregiver on the medical marijuana use registry and issue a 554 caregiver identification card if an individual designated by a 555 qualified patient meets all of the requirements of this 556 subsection and department rule. 557 (b) A caregiver must: 558 1. Not be a qualified physician and not be employed by or 559 have an economic interest in a medical marijuana treatment 560 center or a marijuana testing laboratory. 561 2. Be 21 years of age or older and a resident of this 562 state. 563 3. Agree in writing to assist with the qualified patient’s 564 medical use of marijuana. 565 4. Be registered in the medical marijuana use registry as a 566 caregiver for no more than one qualified patient, except as 567 provided in this paragraph. 568 5. Successfully complete a caregiver certification course 569 developed and administered by the department or its designee, 570 which must be renewed biennially. The price of the course may 571 not exceed $100. 572 6. Pass a background screening pursuant to subsection (9), 573 unless the patient is a close relative of the caregiver. 574 (c) A qualified patient may designate no more than one 575 caregiver to assist with the qualified patient’s medical use of 576 marijuana, unless: 577 1. The qualified patient is a minor and the designated 578 caregivers are parents or legal guardians of the qualified 579 patient; 580 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 21 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. The qualified patient is an adult who has an 581 intellectual or developmental disability that prevents the 582 patient from being able to protect or care for himself or 583 herself without assistance or supervision and the designated 584 caregivers are the parents or legal guardians of the qualified 585 patient; or 586 3. The qualified patient is admitted to a hospice program. 587 (d) A caregiver may be registered in the medical marijuana 588 use registry as a designated caregiver for no more than one 589 qualified patient, unless: 590 1. The caregiver is a parent or legal guardian of more than 591 one minor who is a qualified patient; 592 2. The caregiver is a parent or legal guardian of more than 593 one adult who is a qualified patient and who has an intellectual 594 or developmental disability that prevents the patient from being 595 able to protect or care for himself or herself without 596 assistance or supervision; or 597 3. All qualified patients the caregiver has agreed to 598 assist are admitted to a hospice program and have requested the 599 assistance of that caregiver with the medical use of marijuana; 600 the caregiver is an employee of the hospice; and the caregiver 601 provides personal care or other services directly to clients of 602 the hospice in the scope of that employment. 603 (e) A caregiver may not receive compensation, other than 604 actual expenses incurred, for any services provided to the 605 qualified patient. 606 (f) If a qualified patient is younger than 18 years of age, 607 only a caregiver may purchase or administer marijuana for 608 medical use by the qualified patient. The qualified patient may 609 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 22 of 78 CODING: Words stricken are deletions; words underlined are additions. not purchase marijuana. 610 (g) A caregiver must be in immediate possession of his or 611 her medical marijuana use registry identification card at all 612 times when in possession of marijuana or a marijuana delivery 613 device and must present his or her medical marijuana use 614 registry identification card upon the request of a law 615 enforcement officer. 616 (h) The department may adopt rules pursuant to ss. 617 120.536(1) and 120.54 to implement this subsection. 618 (7) IDENTIFICATION CARDS.— 619 (a) The department shall issue medical marijuana use 620 registry identification cards for qualified patients and 621 caregivers who are residents of this state, which must be 622 renewed annually. The identification cards must be resistant to 623 counterfeiting and tampering and must include, at a minimum, the 624 following: 625 1. The name, address, and date of birth of the qualified 626 patient or caregiver. 627 2. A full-face, passport-type, color photograph of the 628 qualified patient or caregiver taken within the 90 days 629 immediately preceding registration or the Florida driver license 630 or Florida identification card photograph of the qualified 631 patient or caregiver obtained directly from the Department of 632 Highway Safety and Motor Vehicles. 633 3. Identification as a qualified patient or a caregiver. 634 4. The unique numeric identifier used for the qualified 635 patient in the medical marijuana use registry. 636 5. For a caregiver, the name and unique numeric identifier 637 of the caregiver and the qualified patient or patients that the 638 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 23 of 78 CODING: Words stricken are deletions; words underlined are additions. caregiver is assisting. 639 6. The expiration date of the identification card. 640 (b) The department must receive written consent from a 641 qualified patient’s parent or legal guardian before it may issue 642 an identification card to a qualified patient who is a minor. 643 (c) The department shall adopt rules pursuant to ss. 644 120.536(1) and 120.54 establishing procedures for the issuance, 645 renewal, suspension, replacement, surrender, and revocation of 646 medical marijuana use registry identification cards pursuant to 647 this section and shall begin issuing qualified patient 648 identification cards by October 3, 2017. 649 (d) Applications for identification cards must be submitted 650 on a form prescribed by the department. The department may 651 charge a reasonable fee associated with the issuance, 652 replacement, and renewal of identification cards. The department 653 shall allocate $10 of the identification card fee to the 654 Division of Research at Florida Agricultural and Mechanical 655 University for the purpose of educating minorities about 656 marijuana for medical use and the impact of the unlawful use of 657 marijuana on minority communities. The department shall contract 658 with a third-party vendor to issue identification cards. The 659 vendor selected by the department must have experience 660 performing similar functions for other state agencies. 661 (e) A qualified patient or caregiver shall return his or 662 her identification card to the department within 5 business days 663 after revocation. 664 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 665 (a) The department shall license medical marijuana 666 treatment centers to ensure reasonable statewide accessibility 667 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 24 of 78 CODING: Words stricken are deletions; words underlined are additions. and availability as necessary for qualified patients registered 668 in the medical marijuana use registry and who are issued a 669 physician certification under this section. 670 1. As soon as practicable, but no later than July 3, 2017, 671 the department shall license as a medical marijuana treatment 672 center any entity that holds an active, unrestricted license to 673 cultivate, process, transport, and dispense low-THC cannabis, 674 medical cannabis, and cannabis delivery devices, under former s. 675 381.986, Florida Statutes 2016, before July 1, 2017, and which 676 meets the requirements of this section. In addition to the 677 authority granted under this section, these entities are 678 authorized to dispense low-THC cannabis, medical cannabis, and 679 cannabis delivery devices ordered pursuant to former s. 381.986, 680 Florida Statutes 2016, which were entered into the compassionate 681 use registry before July 1, 2017, and are authorized to begin 682 dispensing marijuana under this section on July 3, 2017. The 683 department may grant variances from the representations made in 684 such an entity’s original application for approval under former 685 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 686 2. The department shall license as medical marijuana 687 treatment centers 10 applicants that meet the requirements of 688 this section, under the following parameters: 689 a. As soon as practicable, but no later than August 1, 690 2017, the department shall license any applicant whose 691 application was reviewed, evaluated, and scored by the 692 department and which was denied a dispensing organization 693 license by the department under former s. 381.986, Florida 694 Statutes 2014; which had one or more administrative or judicial 695 challenges pending as of January 1, 2017, or had a final ranking 696 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 25 of 78 CODING: Words stricken are deletions; words underlined are additions. within one point of the highest final ranking in its region 697 under former s. 381.986, Florida Statutes 2014; which meets the 698 requirements of this section; and which provides documentation 699 to the department that it has the existing infrastructure and 700 technical and technological ability to begin cultivating 701 marijuana within 30 days after registration as a medical 702 marijuana treatment center. 703 b. As soon as practicable, but no later than October 3, 704 2017, the department shall license one applicant that is a 705 recognized class member of Pigford v. Glickman, 185 F.R.D. 82 706 (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 707 (D.D.C. 2011) and is a member of the Black Farmers and 708 Agriculturalists Association-Florida Chapter. An applicant 709 licensed under this sub-subparagraph is exempt from the 710 requirements of subparagraphs (b)1. and (b)2. 711 c. As soon as practicable, but no later than October 3, 712 2017, the department shall license applicants that meet the 713 requirements of this section in sufficient numbers to result in 714 10 total licenses issued under this subparagraph, while 715 accounting for the number of licenses issued under sub-716 subparagraphs a. and b. 717 3. For up to two of the licenses issued under subparagraph 718 2., the department shall give preference to applicants that 719 demonstrate in their applications that they own one or more 720 facilities that are, or were, used for the canning, 721 concentrating, or otherwise processing of citrus fruit or citrus 722 molasses and will use or convert the facility or facilities for 723 the processing of marijuana. 724 4. Within 6 months after the registration of 100,000 active 725 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 26 of 78 CODING: Words stricken are deletions; words underlined are additions. qualified patients in the medical marijuana use registry, the 726 department shall license four additional medical marijuana 727 treatment centers that meet the requirements of this section. 728 Thereafter, the department shall license four medical marijuana 729 treatment centers within 6 months after the registration of each 730 additional 100,000 active qualified patients in the medical 731 marijuana use registry that meet the requirements of this 732 section. 733 5. Dispensing facilities are subject to the following 734 requirements: 735 a. A medical marijuana treatment center may not establish 736 or operate more than a statewide maximum of 25 dispensing 737 facilities, unless the medical marijuana use registry reaches a 738 total of 100,000 active registered qualified patients. When the 739 medical marijuana use registry reaches 100,000 active registered 740 qualified patients, and then upon each further instance of the 741 total active registered qualified patients increasing by 742 100,000, the statewide maximum number of dispensing facilities 743 that each licensed medical marijuana treatment center may 744 establish and operate increases by five. 745 b. A medical marijuana treatment center may not establish 746 more than the maximum number of dispensing facilities allowed in 747 each of the Northwest, Northeast, Central, Southwest, and 748 Southeast Regions. The department shall determine a medical 749 marijuana treatment center’s maximum number of dispensing 750 facilities allowed in each region by calculating the percentage 751 of the total statewide population contained within that region 752 and multiplying that percentage by the medical marijuana 753 treatment center’s statewide maximum number of dispensing 754 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 27 of 78 CODING: Words stricken are deletions; words underlined are additions. facilities established under sub-subparagraph a., rounded to the 755 nearest whole number. The department shall ensure that such 756 rounding does not cause a medical marijuana treatment center’s 757 total number of statewide dispensing facilities to exceed its 758 statewide maximum. The department shall initially calculate the 759 maximum number of dispensing facilities allowed in each region 760 for each medical marijuana treatment center using county 761 population estimates from the Florida Estimates of Population 762 2016, as published by the Office of Economic and Demographic 763 Research, and shall perform recalculations following the 764 official release of county population data resulting from each 765 United States Decennial Census. For the purposes of this 766 subparagraph: 767 (I) The Northwest Region consists of Bay, Calhoun, 768 Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, 769 Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, 770 Walton, and Washington Counties. 771 (II) The Northeast Region consists of Alachua, Baker, 772 Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, 773 Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, 774 Suwannee, and Union Counties. 775 (III) The Central Region consists of Brevard, Citrus, 776 Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, 777 Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia 778 Counties. 779 (IV) The Southwest Region consists of Charlotte, Collier, 780 DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, 781 Okeechobee, and Sarasota Counties. 782 (V) The Southeast Region consists of Broward, Miami-Dade, 783 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 28 of 78 CODING: Words stricken are deletions; words underlined are additions. Martin, Monroe, and Palm Beach Counties. 784 c. If a medical marijuana treatment center establishes a 785 number of dispensing facilities within a region that is less 786 than the number allowed for that region under sub-subparagraph 787 b., the medical marijuana treatment center may sell one or more 788 of its unused dispensing facility slots to other licensed 789 medical marijuana treatment centers. For each dispensing 790 facility slot that a medical marijuana treatment center sells, 791 that medical marijuana treatment center’s statewide maximum 792 number of dispensing facilities, as determined under sub-793 subparagraph a., is reduced by one. The statewide maximum number 794 of dispensing facilities for a medical marijuana treatment 795 center that purchases an unused dispensing facility slot is 796 increased by one per slot purchased. Additionally, the sale of a 797 dispensing facility slot shall reduce the seller’s regional 798 maximum and increase the purchaser’s regional maximum number of 799 dispensing facilities, as determined in sub-subparagraph b., by 800 one for that region. For any slot purchased under this sub-801 subparagraph, the regional restriction applied to that slot’s 802 location under sub-subparagraph b. before the purchase shall 803 remain in effect following the purchase. A medical marijuana 804 treatment center that sells or purchases a dispensing facility 805 slot must notify the department within 3 days of sale. 806 d. This subparagraph shall expire on April 1, 2020. 807 808 If this subparagraph or its application to any person or 809 circumstance is held invalid, the invalidity does not affect 810 other provisions or applications of this act which can be given 811 effect without the invalid provision or application, and to this 812 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 29 of 78 CODING: Words stricken are deletions; words underlined are additions. end, the provisions of this subparagraph are severable. 813 (b) An applicant for licensure as a medical marijuana 814 treatment center shall apply to the department on a form 815 prescribed by the department and adopted in rule. The department 816 shall adopt rules pursuant to ss. 120.536(1) and 120.54 817 establishing a procedure for the issuance and biennial renewal 818 of licenses, including initial application and biennial renewal 819 fees sufficient to cover the costs of implementing and 820 administering this section, and establishing supplemental 821 licensure fees for payment beginning May 1, 2018, sufficient to 822 cover the costs of administering ss. 381.989 and 1004.4351. The 823 department shall identify applicants with strong diversity plans 824 reflecting this state’s commitment to diversity and implement 825 training programs and other educational programs to enable 826 minority persons and minority business enterprises, as defined 827 in s. 288.703, and veteran business enterprises, as defined in 828 s. 295.187, to compete for medical marijuana treatment center 829 licensure and contracts. Subject to the requirements in 830 subparagraphs (a)2.-4., the department shall issue a license to 831 an applicant if the applicant meets the requirements of this 832 section and pays the initial application fee. The department 833 shall renew the licensure of a medical marijuana treatment 834 center biennially if the licensee meets the requirements of this 835 section and pays the biennial renewal fee. An individual may not 836 be an applicant, owner, officer, board member, or manager on 837 more than one application for licensure as a medical marijuana 838 treatment center. An individual or entity may not be awarded 839 more than one license as a medical marijuana treatment center. 840 An applicant for licensure as a medical marijuana treatment 841 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 30 of 78 CODING: Words stricken are deletions; words underlined are additions. center must demonstrate: 842 1. That, for the 5 consecutive years before submitting the 843 application, the applicant has been registered to do business in 844 in the state. 845 2. Possession of a valid certificate of registration issued 846 by the Department of Agriculture and Consumer Services pursuant 847 to s. 581.131. 848 3. The technical and technological ability to cultivate and 849 produce marijuana, including, but not limited to, low-THC 850 cannabis. 851 4. The ability to secure the premises, resources, and 852 personnel necessary to operate as a medical marijuana treatment 853 center. 854 5. The ability to maintain accountability of all raw 855 materials, finished products, and any byproducts to prevent 856 diversion or unlawful access to or possession of these 857 substances. 858 6. An infrastructure reasonably located to dispense 859 marijuana to registered qualified patients statewide or 860 regionally as determined by the department. 861 7. The financial ability to maintain operations for the 862 duration of the 2-year approval cycle, including the provision 863 of certified financial statements to the department. 864 a. Upon approval, the applicant must post a $5 million 865 performance bond issued by an authorized surety insurance 866 company rated in one of the three highest rating categories by a 867 nationally recognized rating service. However, a medical 868 marijuana treatment center serving at least 1,000 qualified 869 patients is only required to maintain a $2 million performance 870 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 31 of 78 CODING: Words stricken are deletions; words underlined are additions. bond. 871 b. In lieu of the performance bond required under sub-872 subparagraph a., the applicant may provide an irrevocable letter 873 of credit payable to the department or provide cash to the 874 department. If provided with cash under this sub-subparagraph, 875 the department shall deposit the cash in the Grants and 876 Donations Trust Fund within the Department of Health, subject to 877 the same conditions as the bond regarding requirements for the 878 applicant to forfeit ownership of the funds. If the funds 879 deposited under this sub-subparagraph generate interest, the 880 amount of that interest shall be used by the department for the 881 administration of this section. 882 8. That all owners, officers, board members, and managers 883 have passed a background screening pursuant to subsection (9). 884 9. The employment of a medical director to supervise the 885 activities of the medical marijuana treatment center. 886 10. A diversity plan that promotes and ensures the 887 involvement of minority persons and minority business 888 enterprises, as defined in s. 288.703, or veteran business 889 enterprises, as defined in s. 295.187, in ownership, management, 890 and employment. An applicant for licensure renewal must show the 891 effectiveness of the diversity plan by including the following 892 with his or her application for renewal: 893 a. Representation of minority persons and veterans in the 894 medical marijuana treatment center’s workforce; 895 b. Efforts to recruit minority persons and veterans for 896 employment; and 897 c. A record of contracts for services with minority 898 business enterprises and veteran business enterprises. 899 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 32 of 78 CODING: Words stricken are deletions; words underlined are additions. (c) A medical marijuana treatment center may not make a 900 wholesale purchase of marijuana from, or a distribution of 901 marijuana to, another medical marijuana treatment center, unless 902 the medical marijuana treatment center seeking to make a 903 wholesale purchase of marijuana submits proof of harvest failure 904 to the department. 905 (d) The department shall establish, maintain, and control a 906 computer software tracking system that traces marijuana from 907 seed to sale and allows real-time, 24-hour access by the 908 department to data from all medical marijuana treatment centers 909 and marijuana testing laboratories. The tracking system must 910 allow for integration of other seed-to-sale systems and, at a 911 minimum, include notification of when marijuana seeds are 912 planted, when marijuana plants are harvested and destroyed, and 913 when marijuana is transported, sold, stolen, diverted, or lost. 914 Each medical marijuana treatment center shall use the seed-to-915 sale tracking system established by the department or integrate 916 its own seed-to-sale tracking system with the seed-to-sale 917 tracking system established by the department. Each medical 918 marijuana treatment center may use its own seed-to-sale system 919 until the department establishes a seed-to-sale tracking system. 920 The department may contract with a vendor to establish the seed-921 to-sale tracking system. The vendor selected by the department 922 may not have a contractual relationship with the department to 923 perform any services pursuant to this section other than the 924 seed-to-sale tracking system. The vendor may not have a direct 925 or indirect financial interest in a medical marijuana treatment 926 center or a marijuana testing laboratory. 927 (e) A licensed medical marijuana treatment center shall 928 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 33 of 78 CODING: Words stricken are deletions; words underlined are additions. cultivate, process, transport, and dispense marijuana for 929 medical use. A licensed medical marijuana treatment center may 930 not contract for services directly related to the cultivation, 931 processing, and dispensing of marijuana or marijuana delivery 932 devices, except that a medical marijuana treatment center 933 licensed pursuant to subparagraph (a)1. may contract with a 934 single entity for the cultivation, processing, transporting, and 935 dispensing of marijuana and marijuana delivery devices. A 936 licensed medical marijuana treatment center must, at all times, 937 maintain compliance with the criteria demonstrated and 938 representations made in the initial application and the criteria 939 established in this subsection. Upon request, the department may 940 grant a medical marijuana treatment center a variance from the 941 representations made in the initial application. Consideration 942 of such a request shall be based upon the individual facts and 943 circumstances surrounding the request. A variance may not be 944 granted unless the requesting medical marijuana treatment center 945 can demonstrate to the department that it has a proposed 946 alternative to the specific representation made in its 947 application which fulfills the same or a similar purpose as the 948 specific representation in a way that the department can 949 reasonably determine will not be a lower standard than the 950 specific representation in the application. A variance may not 951 be granted from the requirements in subparagraph 2. and 952 subparagraphs (b)1. and 2. 953 1. A licensed medical marijuana treatment center may 954 transfer ownership to an individual or entity who meets the 955 requirements of this section. A publicly traded corporation or 956 publicly traded company that meets the requirements of this 957 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 34 of 78 CODING: Words stricken are deletions; words underlined are additions. section is not precluded from ownership of a medical marijuana 958 treatment center. To accommodate a change in ownership: 959 a. The licensed medical marijuana treatment center shall 960 notify the department in writing at least 60 days before the 961 anticipated date of the change of ownership. 962 b. The individual or entity applying for initial licensure 963 due to a change of ownership must submit an application that 964 must be received by the department at least 60 days before the 965 date of change of ownership. 966 c. Upon receipt of an application for a license, the 967 department shall examine the application and, within 30 days 968 after receipt, notify the applicant in writing of any apparent 969 errors or omissions and request any additional information 970 required. 971 d. Requested information omitted from an application for 972 licensure must be filed with the department within 21 days after 973 the department’s request for omitted information or the 974 application shall be deemed incomplete and shall be withdrawn 975 from further consideration and the fees shall be forfeited. 976 977 Within 30 days after the receipt of a complete application, the 978 department shall approve or deny the application. 979 2. A medical marijuana treatment center, and any individual 980 or entity who directly or indirectly owns, controls, or holds 981 with power to vote 5 percent or more of the voting shares of a 982 medical marijuana treatment center, may not acquire direct or 983 indirect ownership or control of any voting shares or other form 984 of ownership of any other medical marijuana treatment center. 985 3. A medical marijuana treatment center may not enter into 986 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 35 of 78 CODING: Words stricken are deletions; words underlined are additions. any form of profit-sharing arrangement with the property owner 987 or lessor of any of its facilities where cultivation, 988 processing, storing, or dispensing of marijuana and marijuana 989 delivery devices occurs. 990 4. All employees of a medical marijuana treatment center 991 must be 21 years of age or older and have passed a background 992 screening pursuant to subsection (9). 993 5. Each medical marijuana treatment center must adopt and 994 enforce policies and procedures to ensure employees and 995 volunteers receive training on the legal requirements to 996 dispense marijuana to qualified patients. 997 6. When growing marijuana, a medical marijuana treatment 998 center: 999 a. May use pesticides determined by the department, after 1000 consultation with the Department of Agriculture and Consumer 1001 Services, to be safely applied to plants intended for human 1002 consumption, but may not use pesticides designated as 1003 restricted-use pesticides pursuant to s. 487.042. 1004 b. Must grow marijuana within an enclosed structure and in 1005 a room separate from any other plant. 1006 c. Must inspect seeds and growing plants for plant pests 1007 that endanger or threaten the horticultural and agricultural 1008 interests of the state in accordance with chapter 581 and any 1009 rules adopted thereunder. 1010 d. Must perform fumigation or treatment of plants, or 1011 remove and destroy infested or infected plants, in accordance 1012 with chapter 581 and any rules adopted thereunder. 1013 7. Each medical marijuana treatment center must produce and 1014 make available for purchase at least one low-THC cannabis 1015 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 36 of 78 CODING: Words stricken are deletions; words underlined are additions. product. 1016 8. A medical marijuana treatment center that produces 1017 edibles must hold a permit to operate as a food establishment 1018 pursuant to chapter 500, the Florida Food Safety Act, and must 1019 comply with all the requirements for food establishments 1020 pursuant to chapter 500 and any rules adopted thereunder. 1021 Edibles may not contain more than 200 milligrams of 1022 tetrahydrocannabinol and a single serving portion of an edible 1023 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 1024 may have a potency variance of no greater than 15 percent. 1025 Edibles may not be attractive to children; be manufactured in 1026 the shape of humans, cartoons, or animals; be manufactured in a 1027 form that bears any reasonable resemblance to products available 1028 for consumption as commercially available candy; or contain any 1029 color additives. To discourage consumption of edibles by 1030 children, the department shall determine by rule any shapes, 1031 forms, and ingredients allowed and prohibited for edibles. 1032 Medical marijuana treatment centers may not begin processing or 1033 dispensing edibles until after the effective date of the rule. 1034 The department shall also adopt sanitation rules providing the 1035 standards and requirements for the storage, display, or 1036 dispensing of edibles. 1037 9. Within 12 months after licensure, a medical marijuana 1038 treatment center must demonstrate to the department that all of 1039 its processing facilities have passed a Food Safety Good 1040 Manufacturing Practices, such as Global Food Safety Initiative 1041 or equivalent, inspection by a nationally accredited certifying 1042 body. A medical marijuana treatment center must immediately stop 1043 processing at any facility which fails to pass this inspection 1044 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 37 of 78 CODING: Words stricken are deletions; words underlined are additions. until it demonstrates to the department that such facility has 1045 met this requirement. 1046 10. When processing marijuana, a medical marijuana 1047 treatment center must: 1048 a. Process the marijuana within an enclosed structure and 1049 in a room separate from other plants or products. 1050 b. Comply with department rules when processing marijuana 1051 with hydrocarbon solvents or other solvents or gases exhibiting 1052 potential toxicity to humans. The department shall determine by 1053 rule the requirements for medical marijuana treatment centers to 1054 use such solvents or gases exhibiting potential toxicity to 1055 humans. 1056 c. Comply with federal and state laws and regulations and 1057 department rules for solid and liquid wastes. The department 1058 shall determine by rule procedures for the storage, handling, 1059 transportation, management, and disposal of solid and liquid 1060 waste generated during marijuana production and processing. The 1061 Department of Environmental Protection shall assist the 1062 department in developing such rules. 1063 d. Test the processed marijuana using a medical marijuana 1064 testing laboratory before it is dispensed. Results must be 1065 verified and signed by two medical marijuana treatment center 1066 employees. Before dispensing, the medical marijuana treatment 1067 center must determine that the test results indicate that low-1068 THC cannabis meets the definition of low-THC cannabis, the 1069 concentration of tetrahydrocannabinol meets the potency 1070 requirements of this section, the labeling of the concentration 1071 of tetrahydrocannabinol and cannabidiol is accurate, and all 1072 marijuana is safe for human consumption and free from 1073 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 38 of 78 CODING: Words stricken are deletions; words underlined are additions. contaminants that are unsafe for human consumption. The 1074 department shall determine by rule which contaminants must be 1075 tested for and the maximum levels of each contaminant which are 1076 safe for human consumption. The Department of Agriculture and 1077 Consumer Services shall assist the department in developing the 1078 testing requirements for contaminants that are unsafe for human 1079 consumption in edibles. The department shall also determine by 1080 rule the procedures for the treatment of marijuana that fails to 1081 meet the testing requirements of this section, s. 381.988, or 1082 department rule. The department may select a random sample from 1083 edibles available for purchase in a dispensing facility which 1084 shall be tested by the department to determine that the edible 1085 meets the potency requirements of this section, is safe for 1086 human consumption, and the labeling of the tetrahydrocannabinol 1087 and cannabidiol concentration is accurate. A medical marijuana 1088 treatment center may not require payment from the department for 1089 the sample. A medical marijuana treatment center must recall 1090 edibles, including all edibles made from the same batch of 1091 marijuana, which fail to meet the potency requirements of this 1092 section, which are unsafe for human consumption, or for which 1093 the labeling of the tetrahydrocannabinol and cannabidiol 1094 concentration is inaccurate. The medical marijuana treatment 1095 center must retain records of all testing and samples of each 1096 homogenous batch of marijuana for at least 9 months. The medical 1097 marijuana treatment center must contract with a marijuana 1098 testing laboratory to perform audits on the medical marijuana 1099 treatment center’s standard operating procedures, testing 1100 records, and samples and provide the results to the department 1101 to confirm that the marijuana or low-THC cannabis meets the 1102 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 39 of 78 CODING: Words stricken are deletions; words underlined are additions. requirements of this section and that the marijuana or low-THC 1103 cannabis is safe for human consumption. A medical marijuana 1104 treatment center shall reserve two processed samples from each 1105 batch and retain such samples for at least 9 months for the 1106 purpose of such audits. A medical marijuana treatment center may 1107 use a laboratory that has not been certified by the department 1108 under s. 381.988 until such time as at least one laboratory 1109 holds the required certification, but in no event later than 1110 July 1, 2018. 1111 e. Package the marijuana in compliance with the United 1112 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1113 1471 et seq. 1114 f. Package the marijuana in a receptacle that has a firmly 1115 affixed and legible label stating the following information: 1116 (I) The marijuana or low-THC cannabis meets the 1117 requirements of sub-subparagraph d. 1118 (II) The name of the medical marijuana treatment center 1119 from which the marijuana originates. 1120 (III) The batch number and harvest number from which the 1121 marijuana originates and the date dispensed. 1122 (IV) The name of the physician who issued the physician 1123 certification. 1124 (V) The name of the patient. 1125 (VI) The product name, if applicable, and dosage form, 1126 including concentration of tetrahydrocannabinol and cannabidiol. 1127 The product name may not contain wording commonly associated 1128 with products marketed by or to children. 1129 (VII) The recommended dose. 1130 (VIII) A warning that it is illegal to transfer medical 1131 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 40 of 78 CODING: Words stricken are deletions; words underlined are additions. marijuana to another person. 1132 (IX) A marijuana universal symbol developed by the 1133 department. 1134 11. The medical marijuana treatment center shall include in 1135 each package a patient package insert with information on the 1136 specific product dispensed related to: 1137 a. Clinical pharmacology. 1138 b. Indications and use. 1139 c. Dosage and administration. 1140 d. Dosage forms and strengths. 1141 e. Contraindications. 1142 f. Warnings and precautions. 1143 g. Adverse reactions. 1144 12. Each edible shall be individually sealed in plain, 1145 opaque wrapping marked only with the marijuana universal symbol. 1146 Where practical, each edible shall be marked with the marijuana 1147 universal symbol. In addition to the packaging and labeling 1148 requirements in subparagraphs 10. and 11., edible receptacles 1149 must be plain, opaque, and white without depictions of the 1150 product or images other than the medical marijuana treatment 1151 center’s department-approved logo and the marijuana universal 1152 symbol. The receptacle must also include a list all of the 1153 edible’s ingredients, storage instructions, an expiration date, 1154 a legible and prominent warning to keep away from children and 1155 pets, and a warning that the edible has not been produced or 1156 inspected pursuant to federal food safety laws. 1157 13. When dispensing marijuana or a marijuana delivery 1158 device, a medical marijuana treatment center: 1159 a. May dispense any active, valid order for low-THC 1160 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 41 of 78 CODING: Words stricken are deletions; words underlined are additions. cannabis, medical cannabis and cannabis delivery devices issued 1161 pursuant to former s. 381.986, Florida Statutes 2016, which was 1162 entered into the medical marijuana use registry before July 1, 1163 2017. 1164 b. May not dispense more than a 70-day supply of marijuana 1165 to a qualified patient or caregiver. 1166 c. Must have the medical marijuana treatment center’s 1167 employee who dispenses the marijuana or a marijuana delivery 1168 device enter into the medical marijuana use registry his or her 1169 name or unique employee identifier. 1170 d. Must verify that the qualified patient and the 1171 caregiver, if applicable, each has an active registration in the 1172 medical marijuana use registry and an active and valid medical 1173 marijuana use registry identification card, the amount and type 1174 of marijuana dispensed matches the physician certification in 1175 the medical marijuana use registry for that qualified patient, 1176 and the physician certification has not already been filled. 1177 e. May not dispense marijuana to a qualified patient who is 1178 younger than 18 years of age. If the qualified patient is 1179 younger than 18 years of age, marijuana may only be dispensed to 1180 the qualified patient’s caregiver. 1181 f. May not dispense or sell any other type of cannabis, 1182 alcohol, or illicit drug-related product, including pipes, 1183 bongs, or wrapping papers, other than a marijuana delivery 1184 device required for the medical use of marijuana and which is 1185 specified in a physician certification. 1186 g. Must, upon dispensing the marijuana or marijuana 1187 delivery device, record in the registry the date, time, 1188 quantity, and form of marijuana dispensed; the type of marijuana 1189 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 42 of 78 CODING: Words stricken are deletions; words underlined are additions. delivery device dispensed; and the name and medical marijuana 1190 use registry identification number of the qualified patient or 1191 caregiver to whom the marijuana delivery device was dispensed. 1192 h. Must ensure that patient records are not visible to 1193 anyone other than the qualified patient, his or her caregiver, 1194 and authorized medical marijuana treatment center employees. 1195 (f) To ensure the safety and security of premises where the 1196 cultivation, processing, storing, or dispensing of marijuana 1197 occurs, and to maintain adequate controls against the diversion, 1198 theft, and loss of marijuana or marijuana delivery devices, a 1199 medical marijuana treatment center shall: 1200 1.a. Maintain a fully operational security alarm system 1201 that secures all entry points and perimeter windows and is 1202 equipped with motion detectors; pressure switches; and duress, 1203 panic, and hold-up alarms; and 1204 b. Maintain a video surveillance system that records 1205 continuously 24 hours a day and meets the following criteria: 1206 (I) Cameras are fixed in a place that allows for the clear 1207 identification of persons and activities in controlled areas of 1208 the premises. Controlled areas include grow rooms, processing 1209 rooms, storage rooms, disposal rooms or areas, and point-of-sale 1210 rooms. 1211 (II) Cameras are fixed in entrances and exits to the 1212 premises, which shall record from both indoor and outdoor, or 1213 ingress and egress, vantage points. 1214 (III) Recorded images must clearly and accurately display 1215 the time and date. 1216 (IV) Retain video surveillance recordings for at least 45 1217 days or longer upon the request of a law enforcement agency. 1218 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 43 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. Ensure that the medical marijuana treatment center’s 1219 outdoor premises have sufficient lighting from dusk until dawn. 1220 3. Ensure that the indoor premises where dispensing occurs 1221 includes a waiting area with sufficient space and seating to 1222 accommodate qualified patients and caregivers and at least one 1223 private consultation area that is isolated from the waiting area 1224 and area where dispensing occurs. A medical marijuana treatment 1225 center may not display products or dispense marijuana or 1226 marijuana delivery devices in the waiting area. 1227 4. Not dispense from its premises marijuana or a marijuana 1228 delivery device between the hours of 9 p.m. and 7 a.m., but may 1229 perform all other operations and deliver marijuana to qualified 1230 patients 24 hours a day. 1231 5. Store marijuana in a secured, locked room or a vault. 1232 6. Require at least two of its employees, or two employees 1233 of a security agency with whom it contracts, to be on the 1234 premises at all times where cultivation, processing, or storing 1235 of marijuana occurs. 1236 7. Require each employee or contractor to wear a photo 1237 identification badge at all times while on the premises. 1238 8. Require each visitor to wear a visitor pass at all times 1239 while on the premises. 1240 9. Implement an alcohol and drug-free workplace policy. 1241 10. Report to local law enforcement within 24 hours after 1242 the medical marijuana treatment center is notified or becomes 1243 aware of the theft, diversion, or loss of marijuana. 1244 (g) To ensure the safe transport of marijuana and marijuana 1245 delivery devices to medical marijuana treatment centers, 1246 marijuana testing laboratories, or qualified patients, a medical 1247 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 44 of 78 CODING: Words stricken are deletions; words underlined are additions. marijuana treatment center must: 1248 1. Maintain a marijuana transportation manifest in any 1249 vehicle transporting marijuana. The marijuana transportation 1250 manifest must be generated from a medical marijuana treatment 1251 center’s seed-to-sale tracking system and include the: 1252 a. Departure date and approximate time of departure. 1253 b. Name, location address, and license number of the 1254 originating medical marijuana treatment center. 1255 c. Name and address of the recipient of the delivery. 1256 d. Quantity and form of any marijuana or marijuana delivery 1257 device being transported. 1258 e. Arrival date and estimated time of arrival. 1259 f. Delivery vehicle make and model and license plate 1260 number. 1261 g. Name and signature of the medical marijuana treatment 1262 center employees delivering the product. 1263 (I) A copy of the marijuana transportation manifest must be 1264 provided to each individual, medical marijuana treatment center, 1265 or marijuana testing laboratory that receives a delivery. The 1266 individual, or a representative of the center or laboratory, 1267 must sign a copy of the marijuana transportation manifest 1268 acknowledging receipt. 1269 (II) An individual transporting marijuana or a marijuana 1270 delivery device must present a copy of the relevant marijuana 1271 transportation manifest and his or her employee identification 1272 card to a law enforcement officer upon request. 1273 (III) Medical marijuana treatment centers and marijuana 1274 testing laboratories must retain copies of all marijuana 1275 transportation manifests for at least 3 years. 1276 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 45 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. Ensure only vehicles in good working order are used to 1277 transport marijuana. 1278 3. Lock marijuana and marijuana delivery devices in a 1279 separate compartment or container within the vehicle. 1280 4. Require employees to have possession of their employee 1281 identification card at all times when transporting marijuana or 1282 marijuana delivery devices. 1283 5. Require at least two persons to be in a vehicle 1284 transporting marijuana or marijuana delivery devices, and 1285 require at least one person to remain in the vehicle while the 1286 marijuana or marijuana delivery device is being delivered. 1287 6. Provide specific safety and security training to 1288 employees transporting or delivering marijuana and marijuana 1289 delivery devices. 1290 (h) A medical marijuana treatment center may not engage in 1291 advertising that is visible to members of the public from any 1292 street, sidewalk, park, or other public place, except: 1293 1. The dispensing location of a medical marijuana treatment 1294 center may have a sign that is affixed to the outside or hanging 1295 in the window of the premises which identifies the dispensary by 1296 the licensee’s business name, a department-approved trade name, 1297 or a department-approved logo. A medical marijuana treatment 1298 center’s trade name and logo may not contain wording or images 1299 commonly associated with marketing targeted toward children or 1300 which promote recreational use of marijuana. 1301 2. A medical marijuana treatment center may engage in 1302 Internet advertising and marketing under the following 1303 conditions: 1304 a. All advertisements must be approved by the department. 1305 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 46 of 78 CODING: Words stricken are deletions; words underlined are additions. b. An advertisement may not have any content that 1306 specifically targets individuals under the age of 18, including 1307 cartoon characters or similar images. 1308 c. An advertisement may not be an unsolicited pop-up 1309 advertisement. 1310 d. Opt-in marketing must include an easy and permanent opt-1311 out feature. 1312 (i) Each medical marijuana treatment center that dispenses 1313 marijuana and marijuana delivery devices shall make available to 1314 the public on its website: 1315 1. Each marijuana and low-THC product available for 1316 purchase, including the form, strain of marijuana from which it 1317 was extracted, cannabidiol content, tetrahydrocannabinol 1318 content, dose unit, total number of doses available, and the 1319 ratio of cannabidiol to tetrahydrocannabinol for each product. 1320 2. The price for a 30-day, 50-day, and 70-day supply at a 1321 standard dose for each marijuana and low-THC product available 1322 for purchase. 1323 3. The price for each marijuana delivery device available 1324 for purchase. 1325 4. If applicable, any discount policies and eligibility 1326 criteria for such discounts. 1327 (j) Medical marijuana treatment centers are the sole source 1328 from which a qualified patient may legally obtain marijuana. 1329 (k) The department may adopt rules pursuant to ss. 1330 120.536(1) and 120.54 to implement this subsection. 1331 (9) BACKGROUND SCREENING.-An individual required to undergo 1332 a background screening pursuant to this section must pass a 1333 level 2 background screening as provided under chapter 435, 1334 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 47 of 78 CODING: Words stricken are deletions; words underlined are additions. which, in addition to the disqualifying offenses provided in s. 1335 435.04, shall exclude an individual who has an arrest awaiting 1336 final disposition for, has been found guilty of, regardless of 1337 adjudication, or has entered a plea of nolo contendere or guilty 1338 to an offense under chapter 837, chapter 895, or chapter 896 or 1339 similar law of another jurisdiction. 1340 (a) Such individual must submit a full set of fingerprints 1341 to the department or to a vendor, entity, or agency authorized 1342 by s. 943.053(13). The department, vendor, entity, or agency 1343 shall forward the fingerprints to the Department of Law 1344 Enforcement for state processing, and the Department of Law 1345 Enforcement shall forward the fingerprints to the Federal Bureau 1346 of Investigation for national processing. 1347 (b) Fees for state and federal fingerprint processing and 1348 retention shall be borne by the individual. The state cost for 1349 fingerprint processing shall be as provided in s. 943.053(3)(e) 1350 for records provided to persons or entities other than those 1351 specified as exceptions therein. 1352 (c) Fingerprints submitted to the Department of Law 1353 Enforcement pursuant to this subsection shall be retained by the 1354 Department of Law Enforcement as provided in s. 943.05(2)(g) and 1355 (h) and, when the Department of Law Enforcement begins 1356 participation in the program, enrolled in the Federal Bureau of 1357 Investigation’s national retained print arrest notification 1358 program. Any arrest record identified shall be reported to the 1359 department. 1360 (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; 1361 ADMINISTRATIVE ACTIONS.— 1362 (a) The department shall conduct announced or unannounced 1363 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 48 of 78 CODING: Words stricken are deletions; words underlined are additions. inspections of medical marijuana treatment centers to determine 1364 compliance with this section or rules adopted pursuant to this 1365 section. 1366 (b) The department shall inspect a medical marijuana 1367 treatment center upon receiving a complaint or notice that the 1368 medical marijuana treatment center has dispensed marijuana 1369 containing mold, bacteria, or other contaminant that may cause 1370 or has caused an adverse effect to human health or the 1371 environment. 1372 (c) The department shall conduct at least a biennial 1373 inspection of each medical marijuana treatment center to 1374 evaluate the medical marijuana treatment center’s records, 1375 personnel, equipment, processes, security measures, sanitation 1376 practices, and quality assurance practices. 1377 (d) The Department of Agriculture and Consumer Services and 1378 the department shall enter into an interagency agreement to 1379 ensure cooperation and coordination in the performance of their 1380 obligations under this section and their respective regulatory 1381 and authorizing laws. The department, the Department of Highway 1382 Safety and Motor Vehicles, and the Department of Law Enforcement 1383 may enter into interagency agreements for the purposes specified 1384 in this subsection or subsection (7). 1385 (e) The department shall publish a list of all approved 1386 medical marijuana treatment centers, medical directors, and 1387 qualified physicians on its website. 1388 (f) The department may impose reasonable fines not to 1389 exceed $10,000 on a medical marijuana treatment center for any 1390 of the following violations: 1391 1. Violating this section or department rule. 1392 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 49 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. Failing to maintain qualifications for approval. 1393 3. Endangering the health, safety, or security of a 1394 qualified patient. 1395 4. Improperly disclosing personal and confidential 1396 information of the qualified patient. 1397 5. Attempting to procure medical marijuana treatment center 1398 approval by bribery, fraudulent misrepresentation, or extortion. 1399 6. Being convicted or found guilty of, or entering a plea 1400 of guilty or nolo contendere to, regardless of adjudication, a 1401 crime in any jurisdiction which directly relates to the business 1402 of a medical marijuana treatment center. 1403 7. Making or filing a report or record that the medical 1404 marijuana treatment center knows to be false. 1405 8. Willfully failing to maintain a record required by this 1406 section or department rule. 1407 9. Willfully impeding or obstructing an employee or agent 1408 of the department in the furtherance of his or her official 1409 duties. 1410 10. Engaging in fraud or deceit, negligence, incompetence, 1411 or misconduct in the business practices of a medical marijuana 1412 treatment center. 1413 11. Making misleading, deceptive, or fraudulent 1414 representations in or related to the business practices of a 1415 medical marijuana treatment center. 1416 12. Having a license or the authority to engage in any 1417 regulated profession, occupation, or business that is related to 1418 the business practices of a medical marijuana treatment center 1419 suspended, revoked, or otherwise acted against by the licensing 1420 authority of any jurisdiction, including its agencies or 1421 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 50 of 78 CODING: Words stricken are deletions; words underlined are additions. subdivisions, for a violation that would constitute a violation 1422 under Florida law. 1423 13. Violating a lawful order of the department or an agency 1424 of the state, or failing to comply with a lawfully issued 1425 subpoena of the department or an agency of the state. 1426 (g) The department may suspend, revoke, or refuse to renew 1427 a medical marijuana treatment center license if the medical 1428 marijuana treatment center commits any of the violations in 1429 paragraph (f). 1430 (h) The department may adopt rules pursuant to ss. 1431 120.536(1) and 120.54 to implement this subsection. 1432 (11) PREEMPTION.—Regulation of cultivation, processing, and 1433 delivery of marijuana by medical marijuana treatment centers is 1434 preempted to the state except as provided in this subsection. 1435 (a) A medical marijuana treatment center cultivating or 1436 processing facility may not be located within 500 feet of the 1437 real property that comprises a public or private elementary 1438 school, middle school, or secondary school. 1439 (b)1. A county or municipality may, by ordinance, ban 1440 medical marijuana treatment center dispensing facilities from 1441 being located within the boundaries of that county or 1442 municipality. A county or municipality that does not ban 1443 dispensing facilities under this subparagraph may not place 1444 specific limits, by ordinance, on the number of dispensing 1445 facilities that may locate within that county or municipality. 1446 2. A municipality may determine by ordinance the criteria 1447 for the location of, and other permitting requirements that do 1448 not conflict with state law or department rule for, medical 1449 marijuana treatment center dispensing facilities located within 1450 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 51 of 78 CODING: Words stricken are deletions; words underlined are additions. the boundaries of that municipality. A county may determine by 1451 ordinance the criteria for the location of, and other permitting 1452 requirements that do not conflict with state law or department 1453 rule for, all such dispensing facilities located within the 1454 unincorporated areas of that county. Except as provided in 1455 paragraph (c), a county or municipality may not enact ordinances 1456 for permitting or for determining the location of dispensing 1457 facilities which are more restrictive than its ordinances 1458 permitting or determining the locations for pharmacies licensed 1459 under chapter 465. A municipality or county may not charge a 1460 medical marijuana treatment center a license or permit fee in an 1461 amount greater than the fee charged by such municipality or 1462 county to pharmacies. A dispensing facility location approved by 1463 a municipality or county pursuant to former s. 381.986(8)(b), 1464 Florida Statutes 2016, is not subject to the location 1465 requirements of this subsection. 1466 (c) A medical marijuana treatment center dispensing 1467 facility may not be located within 500 feet of the real property 1468 that comprises a public or private elementary school, middle 1469 school, or secondary school unless the county or municipality 1470 approves the location through a formal proceeding open to the 1471 public at which the county or municipality determines that the 1472 location promotes the public health, safety, and general welfare 1473 of the community. 1474 (d) This subsection does not prohibit any local 1475 jurisdiction from ensuring medical marijuana treatment center 1476 facilities comply with the Florida Building Code, the Florida 1477 Fire Prevention Code, or any local amendments to the Florida 1478 Building Code or the Florida Fire Prevention Code. 1479 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 52 of 78 CODING: Words stricken are deletions; words underlined are additions. (12) PENALTIES.— 1480 (a) A qualified physician commits a misdemeanor of the 1481 first degree, punishable as provided in s. 775.082 or s. 1482 775.083, if the qualified physician issues a physician 1483 certification for the medical use of marijuana for a patient 1484 without a reasonable belief that the patient is suffering from a 1485 qualifying medical condition. 1486 (b) A person who fraudulently represents that he or she has 1487 a qualifying medical condition to a qualified physician for the 1488 purpose of being issued a physician certification commits a 1489 misdemeanor of the first degree, punishable as provided in s. 1490 775.082 or s. 775.083. 1491 (c) A qualified patient who uses marijuana, not including 1492 low-THC cannabis, or a caregiver who administers marijuana, not 1493 including low-THC cannabis, in plain view of or in a place open 1494 to the general public; in a school bus, a vehicle, an aircraft, 1495 or a boat; or on the grounds of a school except as provided in 1496 s. 1006.062, commits a misdemeanor of the first degree, 1497 punishable as provided in s. 775.082 or s. 775.083. 1498 (d) A qualified patient or caregiver who cultivates 1499 marijuana or who purchases or acquires marijuana from any person 1500 or entity other than a medical marijuana treatment center 1501 violates s. 893.13 and is subject to the penalties provided 1502 therein. 1503 (e)1. A qualified patient or caregiver in possession of 1504 marijuana or a marijuana delivery device who fails or refuses to 1505 present his or her marijuana use registry identification card 1506 upon the request of a law enforcement officer commits a 1507 misdemeanor of the second degree, punishable as provided in s. 1508 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 53 of 78 CODING: Words stricken are deletions; words underlined are additions. 775.082 or s. 775.083, unless it can be determined through the 1509 medical marijuana use registry that the person is authorized to 1510 be in possession of that marijuana or marijuana delivery device. 1511 2. A person charged with a violation of this paragraph may 1512 not be convicted if, before or at the time of his or her court 1513 or hearing appearance, the person produces in court or to the 1514 clerk of the court in which the charge is pending a medical 1515 marijuana use registry identification card issued to him or her 1516 which is valid at the time of his or her arrest. The clerk of 1517 the court is authorized to dismiss such case at any time before 1518 the defendant’s appearance in court. The clerk of the court may 1519 assess a fee of $5 for dismissing the case under this paragraph. 1520 (f) A caregiver who violates any of the applicable 1521 provisions of this section or applicable department rules, for 1522 the first offense, commits a misdemeanor of the second degree, 1523 punishable as provided in s. 775.082 or s. 775.083 and, for a 1524 second or subsequent offense, commits a misdemeanor of the first 1525 degree, punishable as provided in s. 775.082 or s. 775.083. 1526 (g) A qualified physician who issues a physician 1527 certification for marijuana or a marijuana delivery device and 1528 receives compensation from a medical marijuana treatment center 1529 related to the issuance of a physician certification for 1530 marijuana or a marijuana delivery device is subject to 1531 disciplinary action under the applicable practice act and s. 1532 456.072(1)(n). 1533 (h) A person transporting marijuana or marijuana delivery 1534 devices on behalf of a medical marijuana treatment center or 1535 marijuana testing laboratory who fails or refuses to present a 1536 transportation manifest upon the request of a law enforcement 1537 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 54 of 78 CODING: Words stricken are deletions; words underlined are additions. officer commits a misdemeanor of the second degree, punishable 1538 as provided in s. 775.082 or s. 775.083. 1539 (i) Persons and entities conducting activities authorized 1540 and governed by this section and s. 381.988 are subject to ss. 1541 456.053, 456.054, and 817.505, as applicable. 1542 (j) A person or entity that cultivates, processes, 1543 distributes, sells, or dispenses marijuana, as defined in s. 1544 29(b)(4), Art. X of the State Constitution, and is not licensed 1545 as a medical marijuana treatment center violates s. 893.13 and 1546 is subject to the penalties provided therein. 1547 (k) A person who manufactures, distributes, sells, gives, 1548 or possesses with the intent to manufacture, distribute, sell, 1549 or give marijuana or a marijuana delivery device that he or she 1550 holds out to have originated from a licensed medical marijuana 1551 treatment center but that is counterfeit commits a felony of the 1552 third degree, punishable as provided in s. 775.082, s. 775.083, 1553 or s. 775.084. For the purposes of this paragraph, the term 1554 “counterfeit” means marijuana; a marijuana delivery device; or a 1555 marijuana or marijuana delivery device container, seal, or label 1556 which, without authorization, bears the trademark, trade name, 1557 or other identifying mark, imprint, or device, or any likeness 1558 thereof, of a licensed medical marijuana treatment center and 1559 which thereby falsely purports or is represented to be the 1560 product of, or to have been distributed by, that licensed 1561 medical marijuana treatment facility. 1562 (l) Any person who possesses or manufactures a blank, 1563 forged, stolen, fictitious, fraudulent, counterfeit, or 1564 otherwise unlawfully issued medical marijuana use registry 1565 identification card commits a felony of the third degree, 1566 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 55 of 78 CODING: Words stricken are deletions; words underlined are additions. punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1567 (13) UNLICENSED ACTIVITY.— 1568 (a) If the department has probable cause to believe that a 1569 person or entity that is not registered or licensed with the 1570 department has violated this section, s. 381.988, or any rule 1571 adopted pursuant to this section, the department may issue and 1572 deliver to such person or entity a notice to cease and desist 1573 from such violation. The department also may issue and deliver a 1574 notice to cease and desist to any person or entity who aids and 1575 abets such unlicensed activity. The issuance of a notice to 1576 cease and desist does not constitute agency action for which a 1577 hearing under s. 120.569 or s. 120.57 may be sought. For the 1578 purpose of enforcing a cease and desist order, the department 1579 may file a proceeding in the name of the state seeking issuance 1580 of an injunction or a writ of mandamus against any person or 1581 entity who violates any provisions of such order. 1582 (b) In addition to the remedies under paragraph (a), the 1583 department may impose by citation an administrative penalty not 1584 to exceed $5,000 per incident. The citation shall be issued to 1585 the subject and must contain the subject’s name and any other 1586 information the department determines to be necessary to 1587 identify the subject, a brief factual statement, the sections of 1588 the law allegedly violated, and the penalty imposed. If the 1589 subject does not dispute the matter in the citation with the 1590 department within 30 days after the citation is served, the 1591 citation shall become a final order of the department. The 1592 department may adopt rules pursuant to ss. 120.536(1) and 120.54 1593 to implement this section. Each day that the unlicensed activity 1594 continues after issuance of a notice to cease and desist 1595 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 56 of 78 CODING: Words stricken are deletions; words underlined are additions. constitutes a separate violation. The department shall be 1596 entitled to recover the costs of investigation and prosecution 1597 in addition to the fine levied pursuant to the citation. Service 1598 of a citation may be made by personal service or by mail to the 1599 subject at the subject’s last known address or place of 1600 practice. If the department is required to seek enforcement of 1601 the cease and desist or agency order, it shall be entitled to 1602 collect attorney fees and costs. 1603 (c) In addition to or in lieu of any other administrative 1604 remedy, the department may seek the imposition of a civil 1605 penalty through the circuit court for any violation for which 1606 the department may issue a notice to cease and desist. The civil 1607 penalty shall be no less than $5,000 and no more than $10,000 1608 for each offense. The court may also award to the prevailing 1609 party court costs and reasonable attorney fees and, in the event 1610 the department prevails, may also award reasonable costs of 1611 investigation and prosecution. 1612 (d) In addition to the other remedies provided in this 1613 section, the department or any state attorney may bring an 1614 action for an injunction to restrain any unlicensed activity or 1615 to enjoin the future operation or maintenance of the unlicensed 1616 activity or the performance of any service in violation of this 1617 section. 1618 (e) The department must notify local law enforcement of 1619 such unlicensed activity for a determination of any criminal 1620 violation of chapter 893. 1621 (14) EXCEPTIONS TO OTHER LAWS.— 1622 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1623 any other provision of law, but subject to the requirements of 1624 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 57 of 78 CODING: Words stricken are deletions; words underlined are additions. this section, a qualified patient and the qualified patient’s 1625 caregiver may purchase from a medical marijuana treatment center 1626 for the patient’s medical use a marijuana delivery device and up 1627 to the amount of marijuana authorized in the physician 1628 certification, but may not possess more than a 70-day supply of 1629 marijuana at any given time and all marijuana purchased must 1630 remain in its original packaging. 1631 (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1632 any other provision of law, but subject to the requirements of 1633 this section, an approved medical marijuana treatment center and 1634 its owners, managers, and employees may manufacture, possess, 1635 sell, deliver, distribute, dispense, and lawfully dispose of 1636 marijuana or a marijuana delivery device as provided in this 1637 section, s. 381.988, and by department rule. For the purposes of 1638 this subsection, the terms “manufacture,” “possession,” 1639 “deliver,” “distribute,” and “dispense” have the same meanings 1640 as provided in s. 893.02. 1641 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1642 any other provision of law, but subject to the requirements of 1643 this section, a certified marijuana testing laboratory, 1644 including an employee of a certified marijuana testing 1645 laboratory acting within the scope of his or her employment, may 1646 acquire, possess, test, transport, and lawfully dispose of 1647 marijuana as provided in this section, in s. 381.988, and by 1648 department rule. 1649 (d) A licensed medical marijuana treatment center and its 1650 owners, managers, and employees are not subject to licensure or 1651 regulation under chapter 465 or chapter 499 for manufacturing, 1652 possessing, selling, delivering, distributing, dispensing, or 1653 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 58 of 78 CODING: Words stricken are deletions; words underlined are additions. lawfully disposing of marijuana or a marijuana delivery device, 1654 as provided in this section, s. 381.988, and by department rule. 1655 (e) This subsection does not exempt a person from 1656 prosecution for a criminal offense related to impairment or 1657 intoxication resulting from the medical use of marijuana or 1658 relieve a person from any requirement under law to submit to a 1659 breath, blood, urine, or other test to detect the presence of a 1660 controlled substance. 1661 (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1662 any other provision of law, but subject to the requirements of 1663 this section and pursuant to policies and procedures established 1664 pursuant to s. 1006.62(8), school personnel may possess 1665 marijuana that is obtained for medical use pursuant to this 1666 section by a student who is a qualified patient. 1667 (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1668 any other provision of law, but subject to the requirements of 1669 this section, a research institute established by a public 1670 postsecondary educational institution, such as the H. Lee 1671 Moffitt Cancer Center and Research Institute, Inc., established 1672 under s. 1004.43, or a state university that has achieved the 1673 preeminent state research university designation under s. 1674 1001.7065 may possess, test, transport, and lawfully dispose of 1675 marijuana for research purposes as provided by this section. 1676 (15) APPLICABILITY.—This section does not limit the ability 1677 of an employer to establish, continue, or enforce a drug-free 1678 workplace program or policy. This section does not require an 1679 employer to accommodate the medical use of marijuana in any 1680 workplace or any employee working while under the influence of 1681 marijuana. This section does not create a cause of action 1682 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 59 of 78 CODING: Words stricken are deletions; words underlined are additions. against an employer for wrongful discharge or discrimination. 1683 Marijuana, as defined in this section, is not reimbursable under 1684 chapter 440. 1685 (16) FINES AND FEES.—Fines and fees collected by the 1686 department under this section shall be deposited in the Grants 1687 and Donations Trust Fund within the Department of Health. 1688 Section 4. Paragraph (uu) is added to subsection (1) of 1689 section 458.331, Florida Statutes, to read: 1690 458.331 Grounds for disciplinary action; action by the 1691 board and department.— 1692 (1) The following acts constitute grounds for denial of a 1693 license or disciplinary action, as specified in s. 456.072(2): 1694 (uu) Issuing a physician certification, as defined in s. 1695 381.986, in a manner out of compliance with the requirements of 1696 that section and rules adopted thereunder. 1697 Section 5. Paragraph (ww) is added to subsection (1) of 1698 section 459.015, Florida Statutes, to read: 1699 459.015 Grounds for disciplinary action; action by the 1700 board and department.— 1701 (1) The following acts constitute grounds for denial of a 1702 license or disciplinary action, as specified in s. 456.072(2): 1703 (ww) Issuing a physician certification, as defined in s. 1704 381.986, in a manner not in compliance with the requirements of 1705 that section and rules adopted thereunder. 1706 Section 6. Section 381.988, Florida Statutes, is created to 1707 read: 1708 381.988 Medical marijuana testing laboratories; marijuana 1709 tests conducted by a certified laboratory.— 1710 (1) A person or entity seeking to be a certified marijuana 1711 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 60 of 78 CODING: Words stricken are deletions; words underlined are additions. testing laboratory must: 1712 (a) Not be owned or controlled by a medical marijuana 1713 treatment center. 1714 (b) Submit a completed application accompanied by an 1715 application fee, as established by department rule. 1716 (c) Submit proof of an accreditation or a certification 1717 approved by the department issued by an accreditation or a 1718 certification organization approved by the department. The 1719 department shall adopt by rule a list of approved laboratory 1720 accreditations or certifications and accreditation or 1721 certification organizations. 1722 (d) Require all owners and managers to submit to and pass a 1723 level 2 background screening pursuant to s. 435.04 and shall 1724 deny certification if the person or entity has been found guilty 1725 of, or has entered a plea of guilty or nolo contendere to, 1726 regardless of adjudication, any offense listed in chapter 837, 1727 chapter 895, or chapter 896 or similar law of another 1728 jurisdiction. 1729 1. Such owners and managers must submit a full set of 1730 fingerprints to the department or to a vendor, entity, or agency 1731 authorized by s. 943.053(13). The department, vendor, entity, or 1732 agency shall forward the fingerprints to the Department of Law 1733 Enforcement for state processing, and the Department of Law 1734 Enforcement shall forward the fingerprints to the Federal Bureau 1735 of Investigation for national processing. 1736 2. Fees for state and federal fingerprint processing and 1737 retention shall be borne by such owners or managers. The state 1738 cost for fingerprint processing shall be as provided in s. 1739 943.053(3)(e) for records provided to persons or entities other 1740 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 61 of 78 CODING: Words stricken are deletions; words underlined are additions. than those specified as exceptions therein. 1741 3. Fingerprints submitted to the Department of Law 1742 Enforcement pursuant to this paragraph shall be retained by the 1743 Department of Law Enforcement as provided in s. 943.05(2)(g) and 1744 (h) and, when the Department of Law Enforcement begins 1745 participation in the program, enrolled in the Federal Bureau of 1746 Investigation’s national retained print arrest notification 1747 program. Any arrest record identified shall be reported to the 1748 department. 1749 (e) Demonstrate to the department the capability of meeting 1750 the standards for certification required by this subsection, and 1751 the testing requirements of s. 381.986 and this section and 1752 rules adopted thereunder. 1753 (2) The department shall adopt rules pursuant to ss. 1754 120.536(1) and 120.54 establishing a procedure for initial 1755 certification and biennial renewal, including initial 1756 application and biennial renewal fees sufficient to cover the 1757 costs of administering this certification program. The 1758 department shall renew the certification biennially if the 1759 laboratory meets the requirements of this section and pays the 1760 biennial renewal fee. 1761 (3) The department shall adopt rules pursuant to ss. 1762 120.536(1) and 120.54 establishing the standards for 1763 certification of marijuana testing laboratories under this 1764 section. The Department of Agriculture and Consumer Services and 1765 the Department of Environmental Protection shall assist the 1766 department in developing the rule, which must include, but is 1767 not limited to: 1768 (a) Security standards. 1769 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 62 of 78 CODING: Words stricken are deletions; words underlined are additions. (b) Minimum standards for personnel. 1770 (c) Sample collection method and process standards. 1771 (d) Proficiency testing for tetrahydrocannabinol potency, 1772 concentration of cannabidiol, and contaminants unsafe for human 1773 consumption, as determined by department rule. 1774 (e) Reporting content, format, and frequency. 1775 (f) Audits and onsite inspections. 1776 (g) Quality assurance. 1777 (h) Equipment and methodology. 1778 (i) Chain of custody. 1779 (j) Any other standard the department deems necessary to 1780 ensure the health and safety of the public. 1781 (4) A marijuana testing laboratory may acquire marijuana 1782 only from a medical marijuana treatment center. A marijuana 1783 testing laboratory is prohibited from selling, distributing, or 1784 transferring marijuana received from a marijuana treatment 1785 center, except that a marijuana testing laboratory may transfer 1786 a sample to another marijuana testing laboratory in this state. 1787 (5) A marijuana testing laboratory must properly dispose of 1788 all samples it receives, unless transferred to another marijuana 1789 testing laboratory, after all necessary tests have been 1790 conducted and any required period of storage has elapsed, as 1791 established by department rule. 1792 (6) A marijuana testing laboratory shall use the computer 1793 software tracking system selected by the department under s. 1794 381.986. 1795 (7) The following acts constitute grounds for which 1796 disciplinary action specified in subsection (8) may be taken 1797 against a certified marijuana testing laboratory: 1798 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 63 of 78 CODING: Words stricken are deletions; words underlined are additions. (a) Permitting unauthorized persons to perform technical 1799 procedures or issue reports. 1800 (b) Demonstrating incompetence or making consistent errors 1801 in the performance of testing or erroneous reporting. 1802 (c) Performing a test and rendering a report thereon to a 1803 person or entity not authorized by law to receive such services. 1804 (d) Failing to file any report required under this section 1805 or s. 381.986 or the rules adopted thereunder. 1806 (e) Reporting a test result if the test was not performed. 1807 (f) Failing to correct deficiencies within the time 1808 required by the department. 1809 (g) Violating or aiding and abetting in the violation of 1810 any provision of s. 381.986 or this section or any rules adopted 1811 thereunder. 1812 (8) The department may refuse to issue or renew, or may 1813 suspend or revoke, the certification of a marijuana testing 1814 laboratory that is found to be in violation of this section or 1815 any rules adopted hereunder. The department may impose fines for 1816 violations of this section or rules adopted thereunder, based on 1817 a schedule adopted in rule. In determining the administrative 1818 action to be imposed for a violation, the department must 1819 consider the following factors: 1820 (a) The severity of the violation, including the 1821 probability of death or serious harm to the health or safety of 1822 any person that may result or has resulted; the severity or 1823 potential harm; and the extent to which s. 381.986 or this 1824 section were violated. 1825 (b) The actions taken by the marijuana testing laboratory 1826 to correct the violation or to remedy the complaint. 1827 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 64 of 78 CODING: Words stricken are deletions; words underlined are additions. (c) Any previous violation by the marijuana testing 1828 laboratory. 1829 (d) The financial benefit to the marijuana testing 1830 laboratory of committing or continuing the violation. 1831 (9) The department may adopt rules pursuant to ss. 1832 120.536(1) and 120.54 to implement this section. 1833 (10) Fees collected by the department under this section 1834 shall be deposited in the Grants and Donations Trust Fund within 1835 the Department of Health. 1836 Section 7. Section 381.989, Florida Statutes, is created to 1837 read: 1838 381.989 Public education campaigns.— 1839 (1) DEFINITIONS.—As used in this section, the term: 1840 (a) “Cannabis” has the same meaning as in s. 893.02. 1841 (b) “Department” means the Department of Health. 1842 (c) “Marijuana” has the same meaning as in s. 381.986. 1843 (2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT 1844 USE PREVENTION CAMPAIGN.— 1845 (a) The department shall implement a statewide cannabis and 1846 marijuana education and illicit use prevention campaign to 1847 publicize accurate information regarding: 1848 1. The legal requirements for licit use and possession of 1849 marijuana in this state. 1850 2. Safe use of marijuana, including preventing access by 1851 persons other than qualified patients as defined in s. 381.986, 1852 particularly children. 1853 3. The short-term and long-term health effects of cannabis 1854 and marijuana use, particularly on minors and young adults. 1855 4. Other cannabis-related and marijuana-related education 1856 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 65 of 78 CODING: Words stricken are deletions; words underlined are additions. determined by the department to be necessary to the public 1857 health and safety. 1858 (b) The department shall provide educational materials 1859 regarding the eligibility for medical use of marijuana by 1860 individuals diagnosed with a terminal condition to individuals 1861 that provide palliative care or hospice services. 1862 (c) The department may use television messaging, radio 1863 broadcasts, print media, digital strategies, social media, and 1864 any other form of messaging deemed necessary and appropriate by 1865 the department to implement the campaign. The department may 1866 work with school districts, community organizations, and 1867 businesses and business organizations and other entities to 1868 provide training and programming. 1869 (d) The department may contract with one or more vendors to 1870 implement the campaign. 1871 (e) The department shall contract with an independent 1872 entity to conduct annual evaluations of the campaign. The 1873 evaluations shall assess the reach and impact of the campaign, 1874 success in educating the citizens of the state regarding the 1875 legal parameters for marijuana use, success in preventing 1876 illicit access by adults and youth, and success in preventing 1877 negative health impacts from the legalization of marijuana. The 1878 first year of the program, the evaluator shall conduct surveys 1879 to establish baseline data on youth and adult cannabis use, the 1880 attitudes of youth and the general public toward cannabis and 1881 marijuana, and any other data deemed necessary for long-term 1882 analysis. By January 31 of each year, the department shall 1883 submit to the Governor, the President of the Senate, and the 1884 Speaker of the House of Representatives the annual evaluation of 1885 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 66 of 78 CODING: Words stricken are deletions; words underlined are additions. the campaign. 1886 (3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.— 1887 (a) The Department of Highway Safety and Motor Vehicles 1888 shall implement a statewide impaired driving education campaign 1889 to raise awareness and prevent marijuana-related and cannabis-1890 related impaired driving and may contract with one or more 1891 vendors to implement the campaign. The Department of Highway 1892 Safety and Motor Vehicles may use television messaging, radio 1893 broadcasts, print media, digital strategies, social media, and 1894 any other form of messaging deemed necessary and appropriate by 1895 the department to implement the campaign. 1896 (b) At a minimum, the Department of Highway Safety and 1897 Motor Vehicles or a contracted vendor shall establish baseline 1898 data on the number of marijuana-related citations for driving 1899 under the influence, marijuana-related traffic arrests, 1900 marijuana-related traffic accidents, and marijuana-related 1901 traffic fatalities, and shall track these measures annually 1902 thereafter. The Department of Highway Safety and Motor Vehicles 1903 or a contracted vendor shall annually evaluate and compile a 1904 report on the efficacy of the campaign based on those measures 1905 and other measures established by the Department of Highway 1906 Safety and Motor Vehicles. By January 31 of each year, the 1907 Department of Highway Safety and Motor Vehicles shall submit the 1908 report on the evaluation of the campaign to the Governor, the 1909 President of the Senate, and the Speaker of the House of 1910 Representatives. 1911 Section 8. Subsection (1) of section 385.211, Florida 1912 Statutes, is amended to read: 1913 385.211 Refractory and intractable epilepsy treatment and 1914 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 67 of 78 CODING: Words stricken are deletions; words underlined are additions. research at recognized medical centers.— 1915 (1) As used in this section, the term “low-THC cannabis” 1916 means “low-THC cannabis” as defined in s. 381.986 that is 1917 dispensed only from a dispensing organization as defined in 1918 former s. 381.986, Florida Statutes 2016, or a medical marijuana 1919 treatment center as defined in s. 381.986. 1920 Section 9. Paragraphs (b) through (e) of subsection (2) of 1921 section 499.0295, Florida Statutes, are redesignated as 1922 paragraphs (a) through (d), respectively, and present paragraphs 1923 (a) and (c) of that subsection, and subsection (3) of that 1924 section are amended, to read: 1925 499.0295 Experimental treatments for terminal conditions.— 1926 (2) As used in this section, the term: 1927 (a) “Dispensing organization” means an organization 1928 approved by the Department of Health under s. 381.986(5) to 1929 cultivate, process, transport, and dispense low-THC cannabis, 1930 medical cannabis, and cannabis delivery devices. 1931 (b)(c) “Investigational drug, biological product, or 1932 device” means: 1933 1. a drug, biological product, or device that has 1934 successfully completed phase 1 of a clinical trial but has not 1935 been approved for general use by the United States Food and Drug 1936 Administration and remains under investigation in a clinical 1937 trial approved by the United States Food and Drug 1938 Administration; or 1939 2. Medical cannabis that is manufactured and sold by a 1940 dispensing organization. 1941 (3) Upon the request of an eligible patient, a manufacturer 1942 may, or upon a physician’s order pursuant to s. 381.986, a 1943 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 68 of 78 CODING: Words stricken are deletions; words underlined are additions. dispensing organization may: 1944 (a) Make its investigational drug, biological product, or 1945 device available under this section. 1946 (b) Provide an investigational drug, biological product, or 1947 device, or cannabis delivery device as defined in s. 381.986 to 1948 an eligible patient without receiving compensation. 1949 (c) Require an eligible patient to pay the costs of, or the 1950 costs associated with, the manufacture of the investigational 1951 drug, biological product, or device, or cannabis delivery device 1952 as defined in s. 381.986. 1953 Section 10. Subsection (3) of section 893.02, Florida 1954 Statutes, is amended to read: 1955 893.02 Definitions.—The following words and phrases as used 1956 in this chapter shall have the following meanings, unless the 1957 context otherwise requires: 1958 (3) “Cannabis” means all parts of any plant of the genus 1959 Cannabis, whether growing or not; the seeds thereof; the resin 1960 extracted from any part of the plant; and every compound, 1961 manufacture, salt, derivative, mixture, or preparation of the 1962 plant or its seeds or resin. The term does not include 1963 “marijuana,” “low-THC cannabis,” as defined in s. 381.986, if 1964 manufactured, possessed, sold, purchased, delivered, 1965 distributed, or dispensed, in conformance with s. 381.986. 1966 Section 11. Section 1004.4351, Florida Statutes, is created 1967 to read: 1968 1004.4351 Medical marijuana research and education.— 1969 (1) SHORT TITLE.—This section shall be known and may be 1970 cited as the “Medical Marijuana Research and Education Act.” 1971 (2) LEGISLATIVE FINDINGS.—The Legislature finds that: 1972 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 69 of 78 CODING: Words stricken are deletions; words underlined are additions. (a) The present state of knowledge concerning the use of 1973 marijuana to alleviate pain and treat illnesses is limited 1974 because permission to perform clinical studies on marijuana is 1975 difficult to obtain, with access to research-grade marijuana so 1976 restricted that little or no unbiased studies have been 1977 performed. 1978 (b) Under the State Constitution, marijuana is available 1979 for the treatment of certain debilitating medical conditions. 1980 (c) Additional clinical studies are needed to ensure that 1981 the residents of this state obtain the correct dosing, 1982 formulation, route, modality, frequency, quantity, and quality 1983 of marijuana for specific illnesses. 1984 (d) An effective medical marijuana research and education 1985 program would mobilize the scientific, educational, and medical 1986 resources that presently exist in this state to determine the 1987 appropriate and best use of marijuana to treat illness. 1988 (3) DEFINITIONS.—As used in this section, the term: 1989 (a) “Board” means the Medical Marijuana Research and 1990 Education Board. 1991 (b) “Coalition” means the Coalition for Medical Marijuana 1992 Research and Education. 1993 (c) “Marijuana” has the same meaning as provided in s. 29, 1994 Art. X of the State Constitution. 1995 (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND 1996 EDUCATION.— 1997 (a) There is established within the H. Lee Moffitt Cancer 1998 Center and Research Institute, Inc., the Coalition for Medical 1999 Marijuana Research and Education. The purpose of the coalition 2000 is to conduct rigorous scientific research, provide education, 2001 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 70 of 78 CODING: Words stricken are deletions; words underlined are additions. disseminate research, and guide policy for the adoption of a 2002 statewide policy on ordering and dosing practices for the 2003 medical use of marijuana. The coalition shall be physically 2004 located at the H. Lee Moffitt Cancer Center and Research 2005 Institute, Inc. 2006 (b) The Medical Marijuana Research and Education Board is 2007 established to direct the operations of the coalition. The board 2008 shall be composed of seven members appointed by the chief 2009 executive officer of the H. Lee Moffitt Cancer Center and 2010 Research Institute, Inc. Board members must have experience in a 2011 variety of scientific and medical fields, including, but not 2012 limited to, oncology, neurology, psychology, pediatrics, 2013 nutrition, and addiction. Members shall be appointed to 4-year 2014 terms and may be reappointed to serve additional terms. The 2015 chair shall be elected by the board from among its members to 2016 serve a 2-year term. The board shall meet at least semiannually 2017 at the call of the chair or, in his or her absence or 2018 incapacity, the vice chair. Four members constitute a quorum. A 2019 majority vote of the members present is required for all actions 2020 of the board. The board may prescribe, amend, and repeal a 2021 charter governing the manner in which it conducts its business. 2022 A board member shall serve without compensation but is entitled 2023 to be reimbursed for travel expenses by the coalition or the 2024 organization he or she represents in accordance with s. 112.061. 2025 (c) The coalition shall be administered by a coalition 2026 director, who shall be appointed by and serve at the pleasure of 2027 the board. The coalition director shall, subject to the approval 2028 of the board: 2029 1. Propose a budget for the coalition. 2030 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 71 of 78 CODING: Words stricken are deletions; words underlined are additions. 2. Foster the collaboration of scientists, researchers, and 2031 other appropriate personnel in accordance with the coalition’s 2032 charter. 2033 3. Identify and prioritize the research to be conducted by 2034 the coalition. 2035 4. Prepare the Medical Marijuana Research and Education 2036 Plan for submission to the board. 2037 5. Apply for grants to obtain funding for research 2038 conducted by the coalition. 2039 6. Perform other duties as determined by the board. 2040 (d) The board shall advise the Board of Governors, the 2041 State Surgeon General, the Governor, and the Legislature with 2042 respect to medical marijuana research and education in this 2043 state. The board shall explore methods of implementing and 2044 enforcing medical marijuana laws in relation to cancer control, 2045 research, treatment, and education. 2046 (e) The board shall annually adopt a plan for medical 2047 marijuana research, known as the “Medical Marijuana Research and 2048 Education Plan,” which must be in accordance with state law and 2049 coordinate with existing programs in this state. The plan must 2050 include recommendations for the coordination and integration of 2051 medical, pharmacological, nursing, paramedical, community, and 2052 other resources connected with the treatment of debilitating 2053 medical conditions; research related to the treatment of such 2054 medical conditions; and education. 2055 (f) By February 15 of each year, the board shall issue a 2056 report to the Governor, the President of the Senate, and the 2057 Speaker of the House of Representatives on research projects, 2058 community outreach initiatives, and future plans for the 2059 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 72 of 78 CODING: Words stricken are deletions; words underlined are additions. coalition. 2060 (g) Beginning January 15, 2018, and quarterly thereafter, 2061 the Department of Health shall submit to the board a data set 2062 that includes, for each patient registered in the medical 2063 marijuana use registry, the patient’s qualifying medical 2064 condition and the daily dose amount and forms of marijuana 2065 certified for the patient. 2066 (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER 2067 AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center 2068 and Research Institute, Inc., shall allocate staff and provide 2069 information and assistance, as the coalition’s budget permits, 2070 to assist the board in fulfilling its responsibilities. 2071 Section 12. Subsection (1) of section 1004.441, Florida 2072 Statutes, is amended to read: 2073 1004.441 Refractory and intractable epilepsy treatment and 2074 research.— 2075 (1) As used in this section, the term “low-THC cannabis” 2076 means “low-THC cannabis” as defined in s. 381.986 that is 2077 dispensed only from a dispensing organization as defined in 2078 former s. 381.986, Florida Statutes 2016, or a medical marijuana 2079 treatment center as defined in s. 381.986. 2080 Section 13. Subsection (8) is added to section 1006.062, 2081 Florida Statutes, to read: 2082 1006.062 Administration of medication and provision of 2083 medical services by district school board personnel.— 2084 (8) Each district school board shall adopt a policy and a 2085 procedure for allowing a student who is a qualified patient, as 2086 defined in s. 381.986, to use marijuana obtained pursuant to 2087 that section. Such policy and procedure shall ensure access by 2088 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 73 of 78 CODING: Words stricken are deletions; words underlined are additions. the qualified patient; identify how the marijuana will be 2089 received, accounted for, and stored; and establish processes to 2090 prevent access by other students and school personnel whose 2091 access would be unnecessary for the implementation of the 2092 policy. 2093 Section 14. Department of Health; authority to adopt rules; 2094 cause of action.— 2095 (1) EMERGENCY RULEMAKING.— 2096 (a) The Department of Health and the applicable boards 2097 shall adopt emergency rules pursuant to s. 120.54(4), Florida 2098 Statutes, and this section necessary to implement ss. 381.986 2099 and 381.988, Florida Statutes. If an emergency rule adopted 2100 under this section is held to be unconstitutional or an invalid 2101 exercise of delegated legislative authority, and becomes void, 2102 the department or the applicable boards may adopt an emergency 2103 rule pursuant to this section to replace the rule that has 2104 become void. If the emergency rule adopted to replace the void 2105 emergency rule is also held to be unconstitutional or an invalid 2106 exercise of delegated legislative authority and becomes void, 2107 the department and the applicable boards must follow the 2108 nonemergency rulemaking procedures of the Administrative 2109 Procedures Act to replace the rule that has become void. 2110 (b) For emergency rules adopted under this section, the 2111 department and the applicable boards need not make the findings 2112 required by s. 120.54(4)(a), Florida Statutes. Emergency rules 2113 adopted under this section are exempt from ss. 120.54(3)(b) and 2114 120.541, Florida Statutes. The department and the applicable 2115 boards shall meet the procedural requirements in s. 120.54(a), 2116 Florida Statutes, if the department or the applicable boards 2117 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 74 of 78 CODING: Words stricken are deletions; words underlined are additions. have, before the effective date of this act, held any public 2118 workshops or hearings on the subject matter of the emergency 2119 rules adopted under this subsection. Challenges to emergency 2120 rules adopted under this subsection are subject to the time 2121 schedules provided in s. 120.56(5), Florida Statutes. 2122 (c) Emergency rules adopted under this section are exempt 2123 from s. 120.54(4)(c), Florida Statutes, and shall remain in 2124 effect until replaced by rules adopted under the nonemergency 2125 rulemaking procedures of the Administrative Procedures Act. By 2126 January 1, 2018, the department and the applicable boards shall 2127 initiate nonemergency rulemaking pursuant to the Administrative 2128 Procedures Act to replace all emergency rules adopted under this 2129 section by publishing a notice of rule development in the 2130 Florida Administrative Register. Except as provided in paragraph 2131 (a), after January 1, 2018, the department and applicable boards 2132 may not adopt rules pursuant to the emergency rulemaking 2133 procedures provided in this section. 2134 (2) CAUSE OF ACTION.— 2135 (a) As used in s. 29(d)(3), Article X of the State 2136 Constitution, the term: 2137 1. “Issue regulations” means the filing by the department 2138 of a rule or emergency rule for adoption with the Department of 2139 State. 2140 2. “Judicial relief” means an action for declaratory 2141 judgment pursuant to chapter 86, Florida Statutes. 2142 (b) The venue for actions brought against the department 2143 pursuant to s. 29(d)(3), Article X of the State Constitution 2144 shall be in the circuit court in and for Leon County. 2145 (c) If the department is not issuing patient and caregiver 2146 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 75 of 78 CODING: Words stricken are deletions; words underlined are additions. identification cards or licensing medical marijuana treatment 2147 centers by October 3, 2017, the following shall be a defense to 2148 a cause of action brought under s. 29(d)(3), Article X of the 2149 State Constitution: 2150 1. The department is unable to issue patient and caregiver 2151 identification cards or license medical marijuana treatment 2152 centers due to litigation challenging a rule as an invalid 2153 exercise of delegated legislative authority or unconstitutional. 2154 2. The department is unable to issue patient or caregiver 2155 identification cards or license medical marijuana treatment 2156 centers due to a rule being held as an invalid exercise of 2157 delegated legislative authority or unconstitutional. 2158 Section 15. Department of Law Enforcement; training related 2159 to medical use of marijuana.-The Department of Law Enforcement 2160 shall develop a 4-hour online initial training course, and a 2-2161 hour online continuing education course, which shall be made 2162 available for use by all law enforcement agencies in this state. 2163 Such training shall cover the legal parameters of marijuana-2164 related activities governed by ss. 381.986 and 381.988, Florida 2165 Statutes, relating to criminal laws governing marijuana. 2166 Section 16. Section 385.212, Florida Statutes, is amended 2167 to read: 2168 385.212 Powers and duties of the Department of Health; 2169 Office of Medical Marijuana Compassionate Use.— 2170 (1) The Department of Health shall establish an Office of 2171 Medical Marijuana Compassionate Use under the direction of the 2172 Deputy State Health Officer. 2173 (2) The Office of Medical Marijuana Compassionate Use may 2174 enhance access to investigational new drugs for Florida patients 2175 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 76 of 78 CODING: Words stricken are deletions; words underlined are additions. through approved clinical treatment plans or studies. The Office 2176 of Medical Marijuana Compassionate Use may: 2177 (a) Create a network of state universities and medical 2178 centers recognized pursuant to s. 381.925. 2179 (b) Make any necessary application to the United States 2180 Food and Drug Administration or a pharmaceutical manufacturer to 2181 facilitate enhanced access to medical compassionate use of 2182 marijuana for Florida patients. 2183 (c) Enter into any agreements necessary to facilitate 2184 enhanced access to medical compassionate use of marijuana for 2185 Florida patients. 2186 (3) The department may adopt rules necessary to implement 2187 this section. 2188 (4) The Office of Medical Marijuana Use shall administer 2189 and enforce s. 381.986. 2190 Section 17. If any provision of this act or its application 2191 to any person or circumstance is held invalid, the invalidity 2192 does not affect other provisions or applications of this act 2193 which can be given effect without the invalid provision or 2194 application, and to this end the provisions of this act are 2195 severable. 2196 Section 18. The Division of Law Revision and Information is 2197 directed to replace the phrase “the effective date of this act” 2198 wherever it occurs in this act with the date the act becomes a 2199 law. 2200 Section 19. (1) For the 2017-2018 fiscal year, 55 full-time 2201 equivalent positions, with associated salary rate of 2,198,860, 2202 are authorized and the sums of $3.5 million in nonrecurring 2203 funds from the General Revenue Fund and $4,055,292 in recurring 2204 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 77 of 78 CODING: Words stricken are deletions; words underlined are additions. funds and $1,238,148 in nonrecurring funds from the Grants and 2205 Donations Trust Fund are appropriated to the Department of 2206 Health for the purpose of implementing the requirements of this 2207 act. Of the funds appropriated, $3,158,572 in recurring funds 2208 and $1,238,148 in nonrecurring funds from the Grants and 2209 Donations Trust Fund and 27 full-time equivalent positions shall 2210 be placed in reserve. The Department of Health is authorized to 2211 submit budget amendments requesting the release of funds being 2212 held in reserve pursuant to chapter 216, Florida Statutes 2213 contingent upon need and demonstration of fee collections to 2214 support the budget authority. 2215 (2) For the 2017-2018 fiscal year, the sum of $500,000 in 2216 nonrecurring funds from the General Revenue Fund is appropriated 2217 to the Department of Health to implement the statewide cannabis 2218 and marijuana education and illicit use prevention campaign 2219 established under s. 381.989, Florida Statutes. 2220 (3) For the 2017-2018 fiscal year, the sum of $5 million in 2221 nonrecurring funds from the Highway Safety Operating Trust Fund 2222 are appropriated to the Department of Highway Safety and Motor 2223 Vehicles to implement the statewide impaired driving education 2224 campaign established under s. 381.989, Florida Statutes. 2225 (4) For the 2017-2018 fiscal year, the sum of $100,000 in 2226 recurring funds from the Highway Safety Operating Trust Fund is 2227 appropriated to the Department of Highway Safety and Motor 2228 Vehicles for the purpose of training additional law enforcement 2229 officers as drug recognition experts. 2230 (5) For the 2017-2018 fiscal year, the sum of $750,000 in 2231 nonrecurring funds from the General Revenue Fund is provided for 2232 the Coalition for Medicinal Cannabis Research and Education at 2233 ENROLLED 2017 Legislature SB 8-A, 3rd Engrossed 20178Aer Page 78 of 78 CODING: Words stricken are deletions; words underlined are additions. the H. Lee Moffitt Cancer Center and Research Institute, Inc., 2234 to conduct medical cannabis research. 2235 Section 20. This act shall take effect upon becoming a law. 2236