Florida Senate - 2021 SENATOR AMENDMENT
Bill No. CS for CS for SB 1568
Ì259958iÎ259958
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 2/AD/2R .
04/22/2021 05:56 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Brandes moved the following:
1 Senate Substitute for Amendment (554468) (with title
2 amendment)
3
4 Delete line 1459
5 and insert:
6 Section 28. Effective July 1, 2022, paragraph (b) of
7 subsection (8) of section 381.986, Florida Statutes, is amended
8 to read:
9 381.986 Medical use of marijuana.—
10 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
11 (b) An applicant for licensure as a medical marijuana
12 treatment center shall apply to the department on a form
13 prescribed by the department and adopted in rule. The department
14 shall adopt rules pursuant to ss. 120.536(1) and 120.54
15 establishing a procedure for the issuance and biennial renewal
16 of licenses, including initial application and biennial renewal
17 fees sufficient to cover the costs of implementing and
18 administering this section, and establishing supplemental
19 licensure fees for payment beginning May 1, 2018, sufficient to
20 cover the costs of administering ss. 381.989 and 1004.4351. The
21 department shall identify applicants with strong diversity plans
22 reflecting this state’s commitment to diversity and implement
23 training programs and other educational programs to enable
24 minority persons and minority business enterprises, as defined
25 in s. 288.703, and veteran business enterprises, as defined in
26 s. 295.187, to compete for medical marijuana treatment center
27 licensure and contracts. Subject to the requirements in
28 subparagraphs (a)2.-4., the department shall issue a license to
29 an applicant if the applicant meets the requirements of this
30 section and pays the initial application fee. The department
31 shall renew the licensure of a medical marijuana treatment
32 center biennially if the licensee meets the requirements of this
33 section and pays the biennial renewal fee. However, the
34 department may not renew the license of a medical marijuana
35 treatment center that has not begun to cultivate, process, and
36 dispense marijuana by the date that the medical marijuana
37 treatment center is required to renew its license. An individual
38 may not be an applicant, owner, officer, board member, or
39 manager on more than one application for licensure as a medical
40 marijuana treatment center. An individual or entity may not be
41 awarded more than one license as a medical marijuana treatment
42 center. An applicant for licensure as a medical marijuana
43 treatment center must demonstrate:
44 1. That, for the 5 consecutive years before submitting the
45 application, the applicant has been registered to do business in
46 the state.
47 2. Possession of a valid certificate of registration issued
48 by the Department of Agriculture and Consumer Services pursuant
49 to s. 581.131.
50 3. The technical and technological ability to cultivate and
51 produce marijuana, including, but not limited to, low-THC
52 cannabis.
53 4. The ability to secure the premises, resources, and
54 personnel necessary to operate as a medical marijuana treatment
55 center.
56 5. The ability to maintain accountability of all raw
57 materials, finished products, and any byproducts to prevent
58 diversion or unlawful access to or possession of these
59 substances.
60 6. An infrastructure reasonably located to dispense
61 marijuana to registered qualified patients statewide or
62 regionally as determined by the department.
63 7. The financial ability to maintain operations for the
64 duration of the 2-year approval cycle, including the provision
65 of certified financial statements to the department.
66 a. Upon approval, the applicant must post a $5 million
67 performance bond issued by an authorized surety insurance
68 company rated in one of the three highest rating categories by a
69 nationally recognized rating service. However, a medical
70 marijuana treatment center serving at least 1,000 qualified
71 patients is only required to maintain a $2 million performance
72 bond.
73 b. In lieu of the performance bond required under sub
74 subparagraph a., the applicant may provide an irrevocable letter
75 of credit payable to the department or provide cash to the
76 department. If provided with cash under this sub-subparagraph,
77 the department shall deposit the cash in the Grants and
78 Donations Trust Fund within the Department of Health, subject to
79 the same conditions as the bond regarding requirements for the
80 applicant to forfeit ownership of the funds. If the funds
81 deposited under this sub-subparagraph generate interest, the
82 amount of that interest shall be used by the department for the
83 administration of this section.
84 8. That all owners, officers, board members, and managers
85 have passed a background screening pursuant to subsection (9).
86 9. The employment of a medical director to supervise the
87 activities of the medical marijuana treatment center.
88 10. A diversity plan that promotes and ensures the
89 involvement of minority persons and minority business
90 enterprises, as defined in s. 288.703, or veteran business
91 enterprises, as defined in s. 295.187, in ownership, management,
92 and employment. An applicant for licensure renewal must show the
93 effectiveness of the diversity plan by including the following
94 with his or her application for renewal:
95 a. Representation of minority persons and veterans in the
96 medical marijuana treatment center’s workforce;
97 b. Efforts to recruit minority persons and veterans for
98 employment; and
99 c. A record of contracts for services with minority
100 business enterprises and veteran business enterprises.
101 Section 29. Except as otherwise expressly provided in this
102 act, this act shall take effect July 1, 2021.
103
104 ================= T I T L E A M E N D M E N T ================
105 And the title is amended as follows:
106 Delete line 103
107 and insert:
108 counselors; amending s. 381.986, F.S.; prohibiting the
109 department from renewing a medical marijuana treatment
110 center’s license under certain circumstances;
111 providing effective dates.