Florida Senate - 2022                                    SB 1884
       
       
        
       By Senator Powell
       
       
       
       
       
       30-00930-22                                           20221884__
    1                        A bill to be entitled                      
    2         An act relating to legalization of recreational
    3         marijuana; providing a short title; amending s.
    4         20.165, F.S.; renaming the Division of Alcoholic
    5         Beverages and Tobacco within the Department of
    6         Business and Professional Regulation as the Division
    7         of Alcoholic Beverages, Marijuana, and Tobacco;
    8         amending s. 561.025, F.S.; renaming the Alcoholic
    9         Beverage and Tobacco Trust Fund as the Alcoholic
   10         Beverage, Marijuana, and Tobacco Trust Fund; requiring
   11         funds collected pursuant to ch. 566, F.S., to be
   12         deposited into the trust fund; creating ch. 566, F.S.,
   13         entitled “Recreational Marijuana”; defining terms;
   14         providing construction; authorizing persons 21 years
   15         of age and older to engage in specified activities
   16         relating to the personal use of marijuana; limiting
   17         the number of seedlings and the amount of marijuana
   18         allowable for personal use; limiting the number of
   19         plants that may be cultivated and specifying locations
   20         where cultivation may occur; requiring that a person
   21         who elects to cultivate marijuana take certain
   22         reasonable precautions regarding securing plants;
   23         restricting where marijuana may be smoked or ingested;
   24         providing civil penalties; prohibiting the use of
   25         false or fraudulent evidence of age by persons younger
   26         than 21 years of age for specified purposes relating
   27         to the procurement of or gaining access to marijuana;
   28         providing civil penalties; providing for the waiver by
   29         the court of civil penalties; providing construction;
   30         authorizing personal use cultivation for qualified
   31         patients under s. 381.986, F.S.; imposing limitations
   32         and requirements on the cultivation of marijuana for
   33         personal use; imposing possession limits on specified
   34         forms of cannabis for residents and nonresidents of
   35         this state; specifying duties of the division under
   36         ch. 566, F.S.; requiring the division to create a
   37         cannabis equity program by a specified date; providing
   38         requirements for the program; specifying application
   39         requirements for assistance grants; requiring the
   40         division to grant funds in a specified manner;
   41         providing requirements for grant recipients; providing
   42         additional duties of the division; requiring the
   43         division to develop and implement a program to defer
   44         or waive certain fees for need-based applicants and
   45         licensees, by a specified date; providing requirements
   46         for the program; requiring that the division and the
   47         Department of Economic Opportunity create a low
   48         interest loan program; specifying requirements for
   49         cannabis equity program applicants and licensees that
   50         operate microbusinesses; requiring the division to
   51         create a program to assist such applicants or
   52         licensees in transitioning to licensure as cultivation
   53         centers; providing for issuance of early approval
   54         adult use dispensing organization licenses; providing
   55         the application process; specifying selection
   56         criteria; requiring the department to issue the
   57         licenses within a specified timeframe, with
   58         exceptions; authorizing medical marijuana treatment
   59         centers that obtain such licenses to engage in
   60         specified activities on or after a specified date;
   61         requiring such licensees to maintain an adequate
   62         supply of cannabis and cannabis-infused products for
   63         qualified patients; defining the term “adequate
   64         supply”; requiring such licensees to prioritize
   65         qualified patients in the event of any shortages;
   66         authorizing such licensees to allow purchasers into
   67         limited access areas; providing for the expiration and
   68         renewal of early approval adult use dispensing
   69         organization licenses; requiring certain fees to be
   70         deposited into the Alcoholic Beverage, Marijuana, and
   71         Tobacco Trust Fund; providing for conditional adult
   72         use dispensing organization licenses; providing the
   73         application process; specifying selection criteria;
   74         providing for the issuance of such licenses after a
   75         specified date; providing for adult use dispensing
   76         organization licenses; providing the application
   77         process; specifying selection criteria; providing for
   78         identification cards for dispensing organization
   79         agents; requiring owners, managers, employees, and
   80         agents of adult use dispensing organizations to
   81         complete certain training by a specified date;
   82         providing requirements for the training program;
   83         providing for the renewal of adult use dispensing
   84         organization licenses; requiring disclosure of
   85         ownership and control of dispensing organizations;
   86         requiring evidence of financial responsibility for the
   87         issuance, maintenance, or reactivation of a license;
   88         providing requirements for such evidence; providing
   89         for changes to dispensing organizations; providing for
   90         administration of dispensing organizations; providing
   91         operational requirements; providing requirements for
   92         inventory control systems; providing cannabis storage
   93         requirements for dispensing organizations; providing
   94         requirements for dispensing cannabis; providing
   95         requirements for destruction and disposal of cannabis;
   96         requiring designation of an agent-in-charge; providing
   97         requirements for such agents; requiring dispensaries
   98         to have specified security measures; specifying
   99         requirements for such security measures; requiring
  100         dispensaries to keep and maintain certain records;
  101         specifying recordkeeping requirements; providing for
  102         the closure of dispensaries; providing the department
  103         with inspection and investigative authority; providing
  104         for nondisciplinary citations for minor violations;
  105         specifying grounds for disciplinary actions;
  106         authorizing temporary suspension of licenses;
  107         authorizing consent orders to resolve certain
  108         disciplinary complaints; providing for hearings on
  109         disciplinary complaints; authorizing the department to
  110         issue subpoenas and administer oaths; providing for
  111         issuance of adult use cultivation center licenses;
  112         providing license requirements; providing for early
  113         approval of adult use cultivation center licenses;
  114         providing for conditional adult use cultivation center
  115         license applications; providing requirements for such
  116         centers; providing for scoring of applications;
  117         providing for denial of applications under certain
  118         circumstances; providing cultivation center
  119         requirements and prohibitions; providing for
  120         cultivation center agent identification cards;
  121         requiring cultivation center agent background checks;
  122         providing for renewal of cultivation center licenses
  123         and agent identification cards; providing for
  124         licensure of craft growers; providing license
  125         requirements; providing for applications and scoring;
  126         prohibiting issuance of craft grower licenses to
  127         specified persons under certain circumstances;
  128         providing for denial of applications under certain
  129         circumstances; providing requirements and prohibitions
  130         for craft growers; providing for craft grower
  131         identification cards; requiring background checks;
  132         providing for renewal of licenses and identification
  133         cards; providing for licensing of infuser
  134         organizations; providing license requirements;
  135         providing for applications and scoring; providing for
  136         denial of applications under certain circumstances;
  137         providing infuser organization requirements and
  138         prohibitions; providing for infuser organization
  139         identification cards; providing requirements for the
  140         adequate supply of cannabis-infused products;
  141         requiring background checks; providing for renewal of
  142         licenses and identification cards; providing for
  143         licensing of transporting organizations; providing
  144         license requirements; providing for applications and
  145         scoring; providing for denial of applications under
  146         certain circumstances; providing transporting
  147         organization requirements and prohibitions; providing
  148         for identification cards; requiring background checks;
  149         providing for renewal of licenses and identification
  150         cards; providing for cannabis testing facilities;
  151         requiring approval of testing facilities; providing
  152         requirements for such facilities; requiring certain
  153         tests to be performed before the manufacturing or
  154         natural processing of any cannabis or cannabis-infused
  155         product or packaging cannabis for sale to a
  156         dispensary; requiring the department to establish
  157         certain standards; authorizing the department to adopt
  158         rules; authorizing certain enforcement actions by the
  159         department; authorizing the Attorney General to
  160         enforce certain provisions under the Florida Deceptive
  161         and Unfair Trade Practices Act; providing immunity
  162         from prosecution or discipline under certain
  163         provisions for licensees for engaging in licensed
  164         conduct; providing construction; providing standards
  165         and requirements for advertising and promotions;
  166         providing standards and requirements for packaging and
  167         labeling; requiring certain warning labels; providing
  168         for certain local zoning ordinances for regulated
  169         businesses; providing for nonconflicting local
  170         ordinances and rules; authorizing certain local
  171         regulation of on-premises cannabis consumption;
  172         defining terms; authorizing the establishment of
  173         restricted cannabis zones; providing a process for
  174         local governments to create such zones; providing
  175         requirements for such zones; requiring the Attorney
  176         General to advocate to quash certain federal
  177         subpoenas; authorizing certain scientific and medical
  178         researchers to purchase, possess, securely store,
  179         administer, and distribute marijuana under certain
  180         circumstances and for specified purposes; providing
  181         construction; authorizing the department to adopt
  182         rules; providing that engaging in certain conduct may
  183         not be the basis for certain findings related to good
  184         moral character; providing criminal penalties;
  185         providing for search, seizure, and forfeiture of
  186         cannabis under certain circumstances; providing for
  187         enforcement of certain tax provisions; requiring the
  188         department to submit a report to the Governor and the
  189         Legislature by a specified date; providing
  190         requirements for the report; requiring the department
  191         to post the report on its website; amending s. 500.03,
  192         F.S.; providing that marijuana establishments that
  193         sell food containing marijuana are considered food
  194         establishments for the purposes of specified
  195         regulations; creating s. 500.105, F.S.; specifying
  196         that food products containing marijuana which are
  197         prepared in permitted food establishments and sold by
  198         licensed retail marijuana stores are not considered
  199         adulterated; amending s. 562.13, F.S.; prohibiting
  200         licensed marijuana establishments from employing
  201         person younger than 18 years of age; amending s.
  202         569.0073, F.S.; exempting licensed marijuana
  203         establishments from specified provisions regulating
  204         the sale of pipes and smoking devices; amending s.
  205         893.03, F.S.; removing cannabis from the schedule of
  206         controlled substances; amending ss. 893.13 and
  207         893.135, F.S.; providing that conduct authorized under
  208         ch. 566, F.S., is not prohibited by specified
  209         controlled substance prohibitions; removing
  210         restrictions on possession and sale of cannabis;
  211         creating s. 893.13501, F.S.; providing for retroactive
  212         effect of amendments to ss. 893.03, 893.13, and
  213         893.135, F.S., by this act; providing for sentence
  214         review for certain offenders; requiring notice to
  215         certain offenders; providing procedures for
  216         resentencing or release of offenders; providing
  217         exceptions; creating s. 943.0586, F.S.; defining
  218         terms; authorizing an individual convicted of certain
  219         offenses to have his or her criminal history record
  220         sealed or to petition the court for expunction of his
  221         or her criminal history record, under certain
  222         circumstances; requiring the individual to first
  223         obtain a certificate of eligibility from the
  224         Department of Law Enforcement; requiring the
  225         department to adopt rules establishing the procedures
  226         for applying for and issuing such certificates;
  227         requiring the department to issue a certificate under
  228         certain circumstances; providing for the expiration of
  229         and reapplication for the certificate; providing for
  230         sealing of certain records upon the department’s
  231         determination of eligibility; providing requirements
  232         for a petition for expunction; providing criminal
  233         penalties; providing for the court’s authority over
  234         its own procedures, with an exception; requiring the
  235         court to order the expunction of a criminal history
  236         record under certain circumstances; providing that
  237         expunction of certain criminal history records does
  238         not affect eligibility for expunction of other
  239         criminal history records; providing procedures for
  240         processing expunction petitions and orders; providing
  241         that a person granted an expunction may lawfully deny
  242         or fail to acknowledge the underlying arrest or
  243         conviction, with exceptions; providing that a person
  244         may not be deemed to have committed perjury or
  245         otherwise held liable for giving a false statement if
  246         he or she fails to recite or acknowledge an expunged
  247         criminal history record; amending s. 943.0595, F.S.;
  248         conforming provisions to changes made by the act;
  249         defining terms; requiring the department to establish
  250         and administer the Florida College System Cannabis
  251         Vocational Pilot Program in coordination with the
  252         Board of Education; authorizing the department to
  253         issue a specified number of program licenses by a
  254         specified date; authorizing Florida College System
  255         institutions awarded program licenses to offer a
  256         Career in Cannabis Certificate; providing requirements
  257         for the certificate; authorizing the department to
  258         adopt rules; providing an age requirement for students
  259         who participate in the pilot program; providing for
  260         the issuance of program licenses; providing
  261         requirements and prohibitions for program licensees;
  262         providing for faculty identification cards; providing
  263         enforcement authority to the department; providing for
  264         inspections; providing requirements for faculty
  265         identification cards; requiring the board to submit a
  266         report to the Governor and the Legislature by a
  267         specified date; providing requirements for the report;
  268         providing for the repeal of the pilot program;
  269         amending ss. 210.01, 210.10, 210.13, 210.151, 210.16,
  270         210.1605, 210.20, 210.25, 210.405, 210.51, 213.053,
  271         282.709, 322.212, 386.207, 402.62, 403.708, 455.116,
  272         456.0635, 561.01, 561.02, 561.121, 561.14, 561.20,
  273         561.221, 561.32, 561.545, 561.68, 561.695, 561.703,
  274         562.025, 562.111, 562.45, 569.002, 569.003, 569.12,
  275         569.31, 616.265, 633.142, 772.12, 812.171, 812.173,
  276         812.174, 812.175, 812.176, 832.06, 877.18, 893.055,
  277         893.0551, 893.15, 893.21, 921.0022, 932.7055, 948.20,
  278         1002.395, and 1003.485, F.S.; conforming cross
  279         references and provisions to changes made by the act;
  280         providing an effective date.
  281  
  282         WHEREAS, the prohibition against the sale and use of
  283  recreational cannabis has had a devastating impact on
  284  communities across this state and nation, and
  285         WHEREAS, persons convicted of a cannabis offense and their
  286  families suffer the long-term consequences of a criminal
  287  conviction, and
  288         WHEREAS, some individuals have a more difficult time
  289  entering the cannabis industry, in part, due to a lack of access
  290  to capital, business space, technical support, and assistance
  291  with regulatory compliance, and
  292         WHEREAS, offering technical support, regulatory compliance
  293  assistance, and assistance with securing the capital necessary
  294  to begin a business will further reduce barriers to licensure
  295  and employment in the regulated industry, and
  296         WHEREAS, offering such support will also aid the state in
  297  attaining its goal of reducing the size of or eliminating the
  298  illicit cannabis market by bringing more people into the legal
  299  marketplace, and
  300         WHEREAS, it is the intent of the Legislature in enacting
  301  this act to ensure that persons most harmed by cannabis
  302  criminalization and poverty are offered assistance to enter the
  303  multi-billion dollar cannabis industry as entrepreneurs or as
  304  employees with high quality, well-paying jobs, and
  305         WHEREAS, it is the intent of the Legislature that the legal
  306  cannabis industry be representative of the state’s population,
  307  and that barriers to entering the industry be reduced through
  308  implementation of cannabis equity programs, NOW, THEREFORE,
  309  
  310  Be It Enacted by the Legislature of the State of Florida:
  311  
  312         Section 1. This act may be cited as the “Florida Adult Use
  313  and Equity Act.”
  314         Section 2. Paragraph (b) of subsection (2) and paragraph
  315  (a) of subsection (9) of section 20.165, Florida Statutes, are
  316  amended to read:
  317         20.165 Department of Business and Professional Regulation.
  318  There is created a Department of Business and Professional
  319  Regulation.
  320         (2) The following divisions of the Department of Business
  321  and Professional Regulation are established:
  322         (b) Division of Alcoholic Beverages, Marijuana, and
  323  Tobacco.
  324         (9)(a) All employees authorized by the Division of
  325  Alcoholic Beverages, Marijuana, and Tobacco shall have access
  326  to, and shall have the right to inspect, premises licensed by
  327  the division, to collect taxes and remit them to the officers
  328  entitled to them, and to examine the books and records of all
  329  licensees. The authorized employees shall require of each
  330  licensee strict compliance with the laws of this state relating
  331  to the transaction of such business.
  332         Section 3. Section 561.025, Florida Statutes, is amended to
  333  read:
  334         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
  335  Fund.—There is created within the State Treasury the Alcoholic
  336  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
  337  by the division under ss. 210.15, 210.40, or under s. 569.003
  338  and the Beverage Law with the exception of state funds collected
  339  pursuant to ss. 563.05, 564.06, and 565.12 must shall be
  340  deposited in the State Treasury to the credit of the trust fund,
  341  notwithstanding any other provision of law to the contrary. In
  342  addition, funds collected by the division under chapter 566 must
  343  be deposited into the trust fund. Moneys deposited to the credit
  344  of the trust fund must shall be used to operate the division and
  345  to provide a proportionate share of the operation of the office
  346  of the secretary and the Division of Administration of the
  347  Department of Business and Professional Regulation; except that:
  348         (1) The revenue transfer provisions of ss. 561.32 and
  349  561.342(1) and (2) shall continue in full force and effect, and
  350  the division shall cause such revenue to be returned to the
  351  municipality or county in the manner provided for in s. 561.32
  352  or s. 561.342(1) and (2).; and
  353         (2) Ten percent of the revenues derived from retail tobacco
  354  products dealer permit fees collected under s. 569.003 must
  355  shall be transferred to the Department of Education to provide
  356  for teacher training and for research and evaluation to reduce
  357  and prevent the use of tobacco products by children.
  358         Section 4. Chapter 566, Florida Statutes, consisting of
  359  sections 566.011-566.806, is created to read:
  360                             CHAPTER 566                           
  361                       RECREATIONAL MARIJUANA                      
  362         566.011 Definitions.—As used in this chapter, the term:
  363         (1) “Adult use cultivation center license” means a license
  364  issued by the department which authorizes a person to act as a
  365  cultivation center under this chapter and any rule adopted
  366  pursuant thereto.
  367         (2) “Adult use dispensing organization license” means a
  368  license issued by the department which authorizes a person to
  369  act as a medical marijuana treatment center under this chapter
  370  and any rule adopted pursuant thereto.
  371         (3) “Advertise” means to engage in promotional activities,
  372  including, but not limited to, newspaper, radio, Internet and
  373  electronic media, and television advertising; the distribution
  374  of fliers and circulars; and the display of window and interior
  375  signs.
  376         (4) “BLS region” means a region in this state used by the
  377  United States Bureau of Labor Statistics to gather and
  378  categorize employment and wage data.
  379         (5) “Cannabis” means any of the following:
  380         (a) Marijuana, hashish, and other substances that are
  381  identified as including any parts of the plant Cannabis sativa,
  382  including derivatives or subspecies, such as indica, of all
  383  strains of cannabis, whether growing or not, and the seeds
  384  thereof.
  385         (b) Resin extracted from any part of the plant.
  386         (c) Any compound, manufacture, salt, derivative, mixture,
  387  or preparation of the plant, its seeds, or its resin, including
  388  tetrahydrocannabinol (THC) and all other naturally produced
  389  cannabinol derivatives, whether produced directly or indirectly
  390  by extraction.
  391         (d) Cannabis concentrate and cannabis-infused products.
  392  
  393  The term does not include industrial hemp as defined and
  394  authorized under the Industrial Hemp Act or the mature stalks of
  395  the plant, fiber produced from the stalks, oil or cake made from
  396  the seeds of the plant, or any other compound, manufacture,
  397  salt, derivative, mixture, or preparation of the mature stalks,
  398  except the resin extracted from it, fiber, oil or cake, or the
  399  sterilized seed of the plant that is incapable of germination.
  400         (6) “Cannabis business establishment” means a cultivation
  401  center, craft grower, processing organization, dispensing
  402  organization, or transporting organization.
  403         (7) “Cannabis concentrate” means a product derived from
  404  cannabis that is produced by extracting cannabinoids from the
  405  plant through the use of a solvent approved by the department.
  406         (8) “Cannabis container” means a sealed, traceable
  407  container or package used for the purpose of containment of
  408  cannabis or cannabis-infused product during transportation.
  409         (9) “Cannabis equity program” means a program adopted or
  410  operated by the state which focuses on the inclusion in this
  411  state’s cannabis industry of individuals who are linked to
  412  populations or neighborhoods that were negatively or
  413  disproportionately impacted by cannabis criminalization and
  414  providing support to such individuals. Cannabis equity programs
  415  may provide, but are not limited to providing, the following
  416  types of services:
  417         (a) Small business support services offering technical
  418  assistance to persons from economically disadvantaged
  419  communities that experience high rates of poverty or communities
  420  most harmed by cannabis prohibition, determined by historically
  421  high rates of arrests or convictions for cannabis law
  422  violations.
  423         (b) Tiered fees or fee waivers for cannabis-related permits
  424  and licenses.
  425         (c) Assistance in paying state regulatory and licensing
  426  fees.
  427         (d) Assistance securing business locations before or during
  428  the application process.
  429         (e) Assistance securing capital investments.
  430         (f) Assistance with regulatory compliance.
  431         (g) Assistance in recruitment, training, and retention of a
  432  qualified and diverse workforce, including transitional workers.
  433         (10) “Cannabis flower” means marijuana, hashish, and other
  434  substances that are identified as including any parts of and any
  435  derivatives or subspecies from the plant Cannabis sativa, such
  436  as indica, of all strains of cannabis, including raw kief,
  437  leaves, and buds, but not resin that has been extracted from any
  438  part of such plant. The term includes any compound, manufacture,
  439  salt, derivative, mixture, or preparation of such plant, its
  440  seeds, or its resin.
  441         (11) “Cannabis-infused product” means a beverage, food,
  442  oil, ointment, tincture, topical formulation, or any other
  443  product containing cannabis that is not intended to be smoked.
  444         (12) “Cannabis plant monitoring system” or “plant
  445  monitoring system” means a system that includes, but is not
  446  limited to, testing and data collection established and
  447  maintained by the cultivation center, craft grower, or
  448  processing organization and that is available to the department,
  449  the Department of Revenue, and the Department of Law Enforcement
  450  for the purposes of documenting each cannabis plant and
  451  monitoring plant development throughout the life cycle of a
  452  cannabis plant cultivated for the intended use by a customer
  453  from seed planting to final packaging.
  454         (13) “Cannabis testing facility” means an entity registered
  455  by the department to test cannabis for potency and contaminants.
  456         (14) “Clone” means a plant section from a female cannabis
  457  plant not yet rootbound, growing in a water solution or other
  458  propagation matrix, which is capable of developing into a new
  459  plant.
  460         (15) “Conditional adult use cultivation center license”
  461  means a license awarded to top-scoring applicants for an adult
  462  use cultivation center license which reserves the right to an
  463  adult use cultivation center license if the applicant meets
  464  certain conditions as determined by the department by rule;
  465  however, such conditional license does not entitle the recipient
  466  to begin growing, processing, or selling cannabis or cannabis
  467  infused products.
  468         (16) “Conditional adult use dispensing organization
  469  license” means a license awarded to top-scoring applicants for
  470  an adult use dispensing organization license which reserves the
  471  right to an adult use dispensing organization license if the
  472  applicant meets certain conditions described in this chapter;
  473  however, such conditional license does not entitle the licensee
  474  to begin purchasing or selling cannabis or cannabis-infused
  475  products.
  476         (17) “Consumer” means a person 21 years of age or older who
  477  purchases marijuana or marijuana products for personal use or
  478  for use by persons 21 years of age or older, but not for resale
  479  to other persons.
  480         (18) “Craft grower” means a facility operated by an
  481  organization or business that is licensed by the department to
  482  cultivate, dry, cure, and package cannabis and perform other
  483  necessary activities to make cannabis available for sale at a
  484  dispensing organization or for processing at a processing
  485  organization. A craft grower may contain up to 5,000 square feet
  486  of canopy space on its premises for plants in the flowering
  487  state. The department may authorize by rule an increase or
  488  decrease in flowering stage cultivation space in increments of
  489  3,000 square feet based on market need, craft grower capacity,
  490  and the licensee’s history of compliance or noncompliance, with
  491  a maximum space of 14,000 square feet for cultivating plants in
  492  the flowering stage, which must be cultivated in all stages of
  493  growth in an enclosed and secure area. A craft grower may share
  494  premises with a processing organization or a dispensing
  495  organization, or both, provided that each licensee stores
  496  currency and cannabis or cannabis-infused products in a separate
  497  secured vault to which the other licensee does not have access;
  498  however, all licensees who have common ownership of more than 50
  499  percent may share a vault.
  500         (19) “Craft grower agent” means a principal officer, board
  501  member, employee, or other agent of a craft grower who is 21
  502  years of age or older.
  503         (20) “Cultivation center” means a facility operated by an
  504  organization or business that is licensed by the department to
  505  cultivate, process, transport, and perform other necessary
  506  activities to provide cannabis and cannabis-infused products to
  507  cannabis business establishments, subject to any limitations
  508  imposed by this chapter.
  509         (21) “Cultivation center agent” means a principal officer,
  510  board member, employee, or other agent of a cultivation center
  511  who is 21 years of age or older.
  512         (22) “Department” means the Department of Business and
  513  Professional Regulation.
  514         (23) “Dispensary” means a facility operated by a dispensing
  515  organization at which activities conducted under a license
  516  issued under this chapter may occur.
  517         (24) “Dispensing organization” means a facility operated by
  518  an organization or business that is licensed by the department
  519  to acquire cannabis from a cultivation center, a craft grower, a
  520  processing organization, or another dispensary for the purpose
  521  of selling or dispensing, under this chapter, cannabis,
  522  cannabis-infused products, cannabis seeds, paraphernalia, or
  523  related supplies to purchasers or to qualified patients and
  524  caregivers. The term includes a medical marijuana treatment
  525  center licensed under s. 381.986.
  526         (25) “Disproportionately impacted area” means a census
  527  tract or comparable geographic area that, as determined by the
  528  Department of Economic Opportunity, satisfies the following
  529  criteria:
  530         (a) The area has a poverty rate of at least 20 percent
  531  according to the latest federal decennial census.
  532         (b) Seventy-five percent or more of the children in the
  533  area participate in the federal National School Lunch Program
  534  according to reported statistics from the Department of
  535  Education.
  536         (c) At least 20 percent of the households in the area
  537  receive assistance under the Supplemental Nutrition Assistance
  538  Program.
  539         (d) The area has an average unemployment rate, as
  540  determined by the Department of Economic Opportunity, that is
  541  more than 120 percent of the national unemployment average, as
  542  determined by the United States Department of Labor, for a
  543  period of at least 2 consecutive calendar years preceding the
  544  date of the application.
  545         (e) The area has a high rate of arrest, conviction, and
  546  incarceration related to the sale, possession, use, cultivation,
  547  manufacture, or transport of cannabis.
  548         (26) “Division” means the Division of Alcoholic Beverages,
  549  Marijuana, and Tobacco of the department.
  550         (27) “Early approval adult use cultivation center license”
  551  means a license that authorizes a medical marijuana treatment
  552  center licensed under s. 381.986 as of July 1, 2022, unless
  553  otherwise provided in this chapter, to begin cultivating,
  554  infusing, packaging, transporting, and selling cannabis to
  555  cannabis business establishments for resale to purchasers as
  556  authorized by this chapter as of January 1, 2023.
  557         (28) “Early approval adult use dispensing organization at a
  558  secondary site” means a license that authorizes a medical
  559  marijuana treatment center licensed under s. 381.986 as of July
  560  1, 2022, to begin selling cannabis to purchasers at a different
  561  dispensary location from its existing registered medical
  562  dispensary location as authorized by this chapter beginning on
  563  January 1, 2023.
  564         (29) “Early approval adult use dispensing organization
  565  license” means a license that authorizes a medical marijuana
  566  treatment center licensed under s. 381.986 as of July 1, 2022,
  567  to begin selling cannabis to purchasers as authorized by this
  568  chapter beginning on January 1, 2023.
  569         (30) “Enclosed, locked facility” means a room, greenhouse,
  570  building, or other enclosed area equipped with locks or other
  571  security devices that allow access only by cannabis business
  572  establishment agents who are employed by the licensed cannabis
  573  business establishment or acting pursuant to this chapter to
  574  cultivate, process, store, or distribute cannabis.
  575         (31) “Enclosed, locked space” means a closet, room,
  576  greenhouse, building, or other enclosed area equipped with locks
  577  or other security devices that allow for access only by
  578  individuals as authorized under this chapter. Enclosed, locked
  579  space may include:
  580         (a) A space within a residential building that:
  581         1. Is the primary residence of the individual cultivating
  582  five or fewer cannabis plants that are more than 5 inches tall;
  583  and
  584         2. Includes sleeping quarters and indoor plumbing. The
  585  space must be accessible only by a key or code that is different
  586  from any key or code that can be used to access the residential
  587  building from the exterior; or
  588         (b) A structure, such as a shed or greenhouse, that lies on
  589  the same plot of land as a residential building that:
  590         1. Includes sleeping quarters and indoor plumbing; and
  591         2. Is used as a primary residence by the person cultivating
  592  five or fewer cannabis plants that are more than 5 inches tall.
  593  The structure must remain locked when it is unoccupied by
  594  people.
  595         (32) “Financial institution” has the same meaning as in s.
  596  655.005 and also includes the holding companies, subsidiaries,
  597  and affiliates of such financial institutions.
  598         (33) “Flowering stage” means the stage of cultivation when
  599  a cannabis plant is cultivated to produce plant material for
  600  cannabis products. This includes mature plants, as follows:
  601         (a) If more than two stigmas are visible at each internode
  602  of the plant; or
  603         (b) If the cannabis plant is in an area that has been
  604  intentionally deprived of light for a period of time intended to
  605  produce flower buds and induce maturation, from the moment the
  606  light deprivation began through the remainder of the marijuana
  607  plant growth cycle.
  608         (34) “Individual” means a natural person.
  609         (35) “Infuser organization” or “infuser” means a facility
  610  operated by an organization or business that is licensed by the
  611  department to directly incorporate cannabis or cannabis
  612  concentrate into a product formulation to produce a cannabis
  613  infused product.
  614         (36) “Kief” means the resinous crystal-like trichomes that
  615  are found on cannabis and that are accumulated, resulting in a
  616  higher concentration of cannabinoids, untreated by heat or
  617  pressure, or extracted using a solvent.
  618         (37) “Labor peace agreement” means an agreement between a
  619  cannabis business establishment and any labor organization
  620  recognized under the National Labor Relations Act, referred to
  621  in this chapter as a bona fide labor organization, which
  622  prohibits labor organizations and their members from engaging in
  623  picketing, work stoppages, boycotts, and any other economic
  624  interference with the cannabis business establishment. The
  625  agreement provides that the cannabis business establishment has
  626  agreed to not disrupt efforts by the bona fide labor
  627  organization to communicate with, and attempt to organize and
  628  represent, the cannabis business establishment’s employees. The
  629  agreement must provide a bona fide labor organization access at
  630  reasonable times to areas in which the cannabis business
  631  establishment’s employees work, for the purpose of meeting with
  632  employees to discuss their right to representation, employment
  633  rights under state law, and terms and conditions of employment.
  634  The agreement may not mandate a particular method of election or
  635  certification of the bona fide labor organization.
  636         (38) “Licensee” means any individual, partnership,
  637  corporation, firm, association, or other legal entity holding a
  638  marijuana establishment license within the state.
  639         (39) “Limited access area” means a building, room, or other
  640  area under the control of a cannabis dispensing organization
  641  licensed under this chapter and upon the licensed premises with
  642  access limited to purchasers, dispensing organization owners and
  643  other dispensing organization agents, or service professionals
  644  conducting business with the dispensing organization.
  645         (40) “Marijuana accessories” means equipment, products, or
  646  materials of any kind that are used, intended for use, or
  647  designed for use in planting, propagating, cultivating, growing,
  648  harvesting, composting, manufacturing, compounding, converting,
  649  producing, processing, preparing, testing, analyzing, packaging,
  650  repackaging, storing, vaporizing, or containing marijuana or for
  651  ingesting, inhaling, or otherwise introducing marijuana into the
  652  human body.
  653         (41) “Marijuana testing facility” means an entity licensed
  654  to analyze and certify the safety and potency of marijuana.
  655         (42) “Member of an impacted family” means an individual who
  656  has a parent, legal guardian, child, spouse, or dependent, or
  657  was a dependent of an individual who, before July 1, 2022, was
  658  arrested for, convicted of, or adjudicated delinquent for any
  659  offense that is eligible for expungement under this chapter.
  660         (43) “Minor” means a person younger than 21 years of age.
  661         (44) “Mother plant” means a cannabis plant that is
  662  cultivated or maintained for the purpose of generating clones
  663  and that will not be used to produce plant material for sale to
  664  an infuser or dispensing organization.
  665         (45) “Ordinary public view” means within the sight line of
  666  normal visual range of a person, unassisted by visual aids, from
  667  a public street or sidewalk adjacent to real property or from
  668  within an adjacent property.
  669         (46) “Ownership and control” means ownership of at least 51
  670  percent of the business, including corporate stock if a
  671  corporation, and control over the management and day-to-day
  672  operations of the business and an interest in the capital,
  673  assets, and profits and losses of the business proportionate to
  674  percentage of ownership.
  675         (47) “Possession limit” means the amount of cannabis that
  676  may be possessed at any one time by a person 21 years of age or
  677  older or who is a registered qualified patient or caregiver
  678  under s. 381.986, as specified under s. 566.013.
  679         (48) “Primary residence” means a dwelling where a person
  680  usually stays or stays more often than other locations. It may
  681  be determined by, without limitation, presence, tax filings, or
  682  the address on a driver license, a state issued identification
  683  card, or voter registration. A person may not have more than one
  684  primary residence.
  685         (49) “Principal officer” includes a cannabis business
  686  establishment applicant or a licensed cannabis business
  687  establishment’s board member, owner with more than 1 percent
  688  interest of the total cannabis business establishment or more
  689  than 5 percent interest of the total cannabis business
  690  establishment of a publicly traded company, president, vice
  691  president, secretary, treasurer, partner, officer, member, or
  692  manager member, or a person with a profit-sharing arrangement,
  693  financial interest, or revenue-sharing arrangement with the
  694  business. The term includes a person with authority to control
  695  the cannabis business establishment, a person who assumes
  696  responsibility for the debts of the cannabis business
  697  establishment, and other persons as specified in this chapter.
  698         (50) “Processing organization” or “processor” means a
  699  facility operated by an organization or business that is
  700  licensed by the department to either extract constituent
  701  chemicals or compounds to produce cannabis concentrate or to
  702  incorporate cannabis or cannabis concentrate into a product
  703  formulation to produce a cannabis product.
  704         (51) “Processing organization agent” means a principal
  705  officer, board member, employee, or agent of a processing
  706  organization.
  707         (52) “Processing organization agent identification card”
  708  means a document issued by the department which identifies a
  709  person as a processing organization agent.
  710         (53) “Purchaser” means a person who acquires cannabis for
  711  any valuable consideration. The term does not include a
  712  qualified patient or caregiver under s. 381.986.
  713         (54) “Residence” or “resided” means an individual’s primary
  714  residence area as established by any of the following:
  715         (a) A signed lease agreement that includes the individual’s
  716  name.
  717         (b) A property deed that includes the individual’s name.
  718         (c) School records.
  719         (d) A voter registration card.
  720         (e) A driver license from this state or a state-issued
  721  identification card.
  722         (f) A paycheck stub.
  723         (g) A utility bill.
  724         (h) Any other proof of residency or other information
  725  necessary to establish residence as provided by department rule.
  726         (55) “Seedling” means a marijuana plant that does not have
  727  flowers, is less than 12 inches in height, and is less than 12
  728  inches in diameter.
  729         (56) “Smoking” means the inhalation of smoke caused by the
  730  combustion of cannabis.
  731         (57) “Social equity applicant” means an applicant who is a
  732  resident of this state and meets at least one of the following
  733  criteria:
  734         (a) Is an applicant with at least 51 percent ownership and
  735  control in the business by one or more individuals who have
  736  resided for at least 5 of the preceding 10 years in a
  737  disproportionately impacted area.
  738         (b) Is an applicant with at least 51 percent ownership and
  739  control in the business by one or more individuals who:
  740         1. Have been arrested for, convicted of, or adjudicated
  741  delinquent for any offense that is eligible for expungement
  742  under this chapter; or
  743         2. Are members of an impacted family.
  744         (c) For applicants with a minimum of 10 full-time
  745  employees, has at least 51 percent of current employees who:
  746         1. Currently reside in a disproportionately impacted area;
  747         2. Have been arrested for, convicted of, or adjudicated
  748  delinquent for any offense that is eligible for expungement
  749  under this chapter; or
  750         3. Are members of impacted families.
  751  
  752  This chapter does not authorize an employer to require an
  753  employee to disclose sealed or expunged offenses, unless
  754  otherwise required by law.
  755         (58) “Tincture” means a cannabis-infused solution,
  756  typically consisting of alcohol, glycerin, or vegetable oils,
  757  derived either directly from the cannabis plant or from a
  758  processed cannabis extract. The term includes a calibrated
  759  dropper or other similar device capable of accurately measuring
  760  servings. The term does not include an alcoholic beverage as
  761  defined in s. 561.01.
  762         (59) “Transitional worker” means a person who, at the time
  763  of starting employment at the business premises, resides in a
  764  zip code or census tract area with higher than average
  765  unemployment, crime, or child death rates, and who faces at
  766  least one of the following barriers to employment:
  767         (a) Homelessness.
  768         (b) Is a custodial single parent.
  769         (c) Is receiving public assistance.
  770         (d) Lacks a GED or high school diploma.
  771         (e) Has a criminal record or other involvement with the
  772  criminal justice system.
  773         (f) Suffers from chronic unemployment.
  774         (g) Is emancipated from the foster care system.
  775         (h) Is a veteran.
  776         (i) Is 65 years of age or older and financially
  777  compromised.
  778         (60) “Transporting organization” or “transporter” means an
  779  organization or business that is licensed by the department to
  780  transport cannabis on behalf of a cannabis business
  781  establishment or a Florida College System institution as defined
  782  in s. 1000.21 licensed under the Florida College System Cannabis
  783  Vocational Training Pilot Program created by this act.
  784         (61) “Transporting organization agent” means a principal
  785  officer, board member, employee, or agent of a transporting
  786  organization.
  787         (62) “Unit of local government” means any county, city, or
  788  incorporated town.
  789         566.012 Exemption from criminal and noncriminal penalties,
  790  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  791  law, and except as provided in this chapter, the actions
  792  authorized by this chapter are legal under the laws of this
  793  state, do not constitute a civil or criminal offense under the
  794  laws of this state or under the laws of any political
  795  subdivision within this state, and do not serve as a basis for
  796  seizure or forfeiture of assets under state law.
  797         566.013 Personal use of marijuana.—
  798         (1) A person who is 21 years of age or older may do any of
  799  the following:
  800         (a) Use, possess, or transport marijuana accessories and up
  801  to 2.5 ounces of marijuana.
  802         (b) Transfer or furnish, without remuneration, up to 2.5
  803  ounces of marijuana and up to six seedlings to a person who is
  804  21 years of age or older.
  805         (c) Possess, grow, cultivate, process, or transport up to
  806  six marijuana plants, including seedlings, and possess the
  807  marijuana produced by the marijuana plants on the premises where
  808  the plants were grown.
  809         (d) Purchase up to 2.5 ounces of marijuana, up to six
  810  seedlings, and marijuana accessories from a retail marijuana
  811  store.
  812         (2) Both of the following apply to the cultivation of
  813  marijuana for personal use by a person who is 21 years of age or
  814  older:
  815         (a) A person may cultivate up to six marijuana plants,
  816  including seedlings, at that person’s place of residence, on
  817  property owned by that person, or on another person’s property
  818  with permission of the owner of that property.
  819         (b) A person who elects to cultivate marijuana shall take
  820  reasonable precautions to ensure the plants are secure from
  821  unauthorized access or access by a person younger than 21 years
  822  of age. Reasonable precautions include, but are not limited to,
  823  cultivating marijuana in a fully enclosed, secure outdoor area,
  824  a locked closet, or a locked room, all of which must be
  825  inaccessible to persons younger than 21 years of age.
  826         (3) A person may smoke or ingest marijuana in a nonpublic
  827  place, including, but not limited to, a private residence.
  828         (a) This subsection does not allow a person to consume
  829  marijuana in a manner that endangers others.
  830         (b) The prohibitions and limitations on smoking tobacco
  831  products in specified areas in part II of chapter 386 apply to
  832  marijuana.
  833         (c) A person who smokes marijuana in a public place other
  834  than as the smoking of tobacco products is governed by part II
  835  of chapter 386 commits a noncriminal violation subject to a
  836  civil penalty of $100.
  837         566.0131 False identification.—
  838         (1) A minor may not present or offer to a marijuana
  839  establishment or the marijuana establishment’s agent or employee
  840  any written or oral evidence of age which is false, fraudulent,
  841  or not actually the minor’s own for either of the following
  842  purposes:
  843         (a) Ordering, purchasing, attempting to purchase, or
  844  otherwise procuring or attempting to procure marijuana.
  845         (b) Gaining access to marijuana.
  846         (2)(a) A minor who violates subsection (1) commits:
  847         1. For a first offense, a noncriminal violation subject to
  848  a civil penalty of at least $200 but not more than $400.
  849         2. For a second offense, a noncriminal violation subject to
  850  a civil penalty of at least $300 but not more than $600, which
  851  may be waived by the court only as provided in paragraph (b).
  852         3. For a third or subsequent offense, a noncriminal
  853  violation subject to a civil penalty of $600, which may be
  854  waived by the court only as provided in paragraph (b).
  855  
  856  When a minor is adjudged to have committed a first offense under
  857  subsection (1), the judge shall inform the minor that the
  858  noncriminal penalties for second and subsequent offenses are
  859  mandatory and may be waived only as provided in paragraph (b).
  860  Failure to inform the minor that subsequent noncriminal
  861  penalties are mandatory is not a ground for the waiver of any
  862  subsequent civil penalty.
  863         (b) As an alternative to or in addition to the noncriminal
  864  penalties specified in paragraph (a), a judge may assign the
  865  minor to perform specified work for the benefit of the state,
  866  the city, or another public entity or a charitable institution
  867  for no more than 40 hours per offense.
  868         566.014 Personal use cultivation.—
  869         (1) Notwithstanding any other law, and except as otherwise
  870  provided in this chapter, the following acts are not a violation
  871  of this chapter, are not criminal or civil offenses under state
  872  law or the ordinances of any unit of local government of this
  873  state, and do not serve as the basis for seizure or forfeiture
  874  of assets under state law, except from persons younger than 21
  875  years of age possessing cannabis in violation of this chapter:
  876         (a) Possessing, consuming, using, purchasing, obtaining, or
  877  transporting cannabis for personal use in an amount consistent
  878  with the possession limits under s. 566.013 and as otherwise
  879  provided in this chapter.
  880         (b) Cultivating cannabis for personal use in accordance
  881  with this chapter.
  882         (c) Controlling property if actions that are authorized by
  883  this chapter occur on the property in accordance with this
  884  chapter.
  885         (2) Notwithstanding any other law, and except as otherwise
  886  provided in this chapter, possessing, consuming, using,
  887  purchasing, obtaining, or transporting an amount of cannabis
  888  purchased or produced in accordance with this chapter which does
  889  not exceed the possession limit under s. 566.013(1) is not a
  890  basis for seizure or forfeiture of assets under state law.
  891         (3) Cultivating cannabis for personal use is subject to the
  892  following limitations and requirements:
  893         (a) A resident of this state who is 21 years of age or
  894  older and is a qualified patient under s. 381.986 may cultivate
  895  up to five cannabis plants that are more than 5 inches tall per
  896  household without a cultivation center or craft grower license.
  897         (b) Such cultivation must take place in an enclosed, locked
  898  space.
  899         (c) Adult qualified patients may purchase cannabis seeds
  900  from a dispensary exclusively for the purpose of home
  901  cultivation. Such seeds may not be given or sold to any other
  902  person.
  903         (d) Cannabis plants that are cultivated for personal use
  904  may not be stored or placed in a location where they are subject
  905  to ordinary public view. A registered qualified patient who
  906  cultivates cannabis under this section shall take reasonable
  907  precautions to ensure the plants are secure from unauthorized
  908  access, including unauthorized access by a person younger than
  909  21 years of age.
  910         (4) Cannabis cultivation for personal use may occur only on
  911  residential property lawfully in possession of the cultivator or
  912  with the consent of the person in lawful possession of the
  913  property. An owner or lessor of residential property may
  914  prohibit the cultivation of cannabis by a lessee.
  915         (5) A dwelling; a residence; an apartment; a condominium
  916  unit; an enclosed, locked space; or a piece of property not
  917  divided into multiple dwelling units may not contain more than
  918  five plants at any one time.
  919         (6) Cannabis plants may be tended only by a registered
  920  qualified patient who resides at the residence or his or her
  921  authorized agent attending to the residence for brief periods,
  922  such as when the qualified patient is temporarily away from the
  923  residence.
  924         (7) A qualified patient who cultivates more than the
  925  allowable number of cannabis plants, or who sells or gives away
  926  cannabis plants, cannabis, or cannabis-infused products produced
  927  under this section, is liable for penalties as provided by law,
  928  in addition to loss of home cultivation privileges as
  929  established by rule.
  930         566.015 Possession limits.—
  931         (1)(a) Except as otherwise authorized by this chapter, for
  932  a person who is 21 years of age or older and a resident of this
  933  state, the possession limit for personal use is as follows:
  934         1. Thirty grams of cannabis flower.
  935         2. Five hundred milligrams of tetrahydrocannabinol (THC)
  936  contained in cannabis-infused product.
  937         3. Five grams of cannabis concentrate.
  938         (b) Registered qualified patients may possess any cannabis
  939  produced by cannabis plants grown under s. 566.013(2), provided
  940  that any amount of cannabis produced in excess of 30 grams of
  941  raw cannabis or its equivalent must remain secured within the
  942  residence or residential property in which it was grown.
  943         (2)(a) For a person who is 21 years of age or older and who
  944  is not a resident of this state, the possession limit is:
  945         1. Fifteen grams of cannabis flower.
  946         2. Two and one-half grams of cannabis concentrate.
  947         3. Two hundred fifty milligrams of THC contained in a
  948  cannabis-infused product.
  949         (b) The possession limits specified in subparagraphs (a)1.
  950  and 2. are to be considered cumulative.
  951         (3) A person may not knowingly obtain, seek to obtain, or
  952  possess an amount of cannabis from a dispensing organization or
  953  craft grower which would cause him or her to exceed the
  954  possession limit under this section, including cannabis that is
  955  cultivated by a person under this chapter or obtained under s.
  956  381.986.
  957         566.201 Duties of the division.—The division shall do all
  958  of the following:
  959         (1) Enforce the laws and rules relating to the
  960  manufacturing, processing, labeling, storing, transporting,
  961  testing, and selling of marijuana by marijuana establishments
  962  and administer the laws relating to licensure and the collection
  963  of taxes.
  964         (2) Adopt rules consistent with this chapter for the
  965  administration and enforcement of laws regulating and licensing
  966  marijuana establishments.
  967         (3) If determined necessary by the division, enter into a
  968  memorandum of understanding with the Department of Law
  969  Enforcement, a county sheriff, or another state or municipal law
  970  enforcement agency to perform inspections of marijuana
  971  establishments.
  972         (4) Issue licenses for cannabis cultivation centers,
  973  cannabis testing facilities, craft growers, infuser
  974  organizations, processing organizations, transporting
  975  organizations, and dispensing organizations.
  976         (5) Prevent the sale of marijuana by licensees to minors
  977  and intoxicated persons.
  978         (6) Ensure that licensees have access to this chapter and
  979  other laws and rules governing marijuana in this state.
  980         (7) Post on the department’s publicly accessible website
  981  this chapter and all rules adopted under this chapter, which
  982  must be updated before the effective date on any changes to the
  983  law or department rule. Within 90 days after adjournment of each
  984  session of the Legislature, the division shall notify all
  985  licensees of changes in the law and potential changes in rules
  986  through a publicly accessible website posting.
  987         (8) Certify monthly to the Chief Financial Officer a
  988  complete statement of revenues and expenses for licenses issued
  989  and for revenues collected by the division and submit an annual
  990  report that includes a complete statement of the division’s
  991  revenues and expenses to the Governor, the President of the
  992  Senate, and the Speaker of the House of Representatives.
  993         (9) Suspend or revoke the license of a licensee in
  994  accordance with rules adopted by the division. The division must
  995  allow a licensee whose license is suspended or revoked pursuant
  996  to this subsection to:
  997         (a) Continue to possess marijuana during the time its
  998  license is suspended, but not dispense, transfer, or sell
  999  marijuana. If the licensee is a cannabis cultivation facility,
 1000  it may continue to cultivate marijuana plants during the time
 1001  its license is suspended. However, marijuana may not be removed
 1002  from the licensed premises except as authorized by the division
 1003  and only for the purpose of destruction.
 1004         (b) Possess marijuana for up to 7 days after revocation of
 1005  its license, during which time the marijuana establishment shall
 1006  dispose of its inventory of marijuana in accordance with
 1007  division rules.
 1008         (10) Beginning January 15, 2024, and each January 15
 1009  thereafter, report to the committees having jurisdiction over
 1010  marijuana regulation in each house of the Legislature. The
 1011  report must include, but need not be limited to, rules adopted
 1012  by the division and statistics regarding the number of
 1013  applications received and licenses granted under this chapter
 1014  and the licensing fees collected within the previous calendar
 1015  year.
 1016         566.2015 Cannabis Equity Program.—
 1017         (1) By October 1, 2022, the division shall create a
 1018  cannabis equity program.
 1019         (2) The department shall provide technical assistance to
 1020  equity applicants or equity licensees under the program, which
 1021  must include training and educational sessions regarding the
 1022  state’s cannabis licensing processes and related requirements.
 1023  When determining whether to provide technical assistance, the
 1024  department shall make individual determinations based on the
 1025  reasonableness of the request and available resources.
 1026         (3) An eligible applicant or licensee may also submit an
 1027  application to the division for an assistance grant from the
 1028  Florida Marijuana Equity Fund, in the form and manner prescribed
 1029  by the division.
 1030         (4) The division shall base its decision regarding approval
 1031  of an application on the following factors:
 1032         (a) The number of existing and potential cannabis equity
 1033  applicants and cannabis equity licensees in this state.
 1034         (b) Any additional criteria the division deems relevant and
 1035  reasonable.
 1036         (5) If applications for funding are greater than the amount
 1037  collected for the grant program, the division shall prorate the
 1038  funding as necessary.
 1039         (6) An eligible applicant or licensee that receives a grant
 1040  pursuant to this section shall use the funds to gain entry to,
 1041  and to successfully operate in, this state’s regulated cannabis
 1042  industry. An eligible applicant or licensee that receives a
 1043  grant pursuant to this section shall keep a record of grant
 1044  funds that are expended and, on or before January 1 of the year
 1045  following receipt of the grant and annually thereafter, shall
 1046  submit an annual report to the division which includes how the
 1047  applicant or licensee used grant funds.
 1048         (7) An eligible applicant or licensee that receives a grant
 1049  pursuant to this section may not use more than 25 percent of the
 1050  state grant for administration, including for the employment of
 1051  staff or the hiring of consultants.
 1052         (8) To facilitate greater equity in business ownership and
 1053  employment in the cannabis industry, the division shall do both
 1054  of the following:
 1055         (a) Serve as a point of contact for cannabis equity program
 1056  grant applicants.
 1057         (b) On or before December 1, 2022, publish on its website
 1058  approval guidelines for grant applicants.
 1059         566.2016 Fee deferrals and waivers; loan program.—
 1060         (1) On or before December 1, 2022, the division shall
 1061  develop and implement a program to defer or waive application
 1062  fees, licensing fees, renewal fees, or other required fees for
 1063  needs-based applicants and licensees.
 1064         (a) At least 60 percent of the total dollar amount of
 1065  deferrals of fees under the program must be designated for the
 1066  deferral of fees for cannabis equity applicants and licensees.
 1067         (b) At least 60 percent of the total dollar amount of
 1068  waivers of fees under the program must be designated for the
 1069  waiver of fees for cannabis equity applicants and licensees.
 1070         (2) On or before December 1, 2022, the division and the
 1071  Department of Economic Opportunity shall create a low-interest
 1072  loan program for cannabis equity applicants to be administered
 1073  by the cannabis equity program. The division shall determine the
 1074  amount required to fund the loan program based on community
 1075  need.
 1076         566.2017 Equity applicant or licensee microbusinesses.—
 1077         (1) Any cannabis equity applicant or licensee that operates
 1078  a microbusiness:
 1079         (a) May use educational programs provided by the division
 1080  as experience points for its application.
 1081         (b) Is exempt from cannabis-specific experience and may use
 1082  experience from other regulated industries to satisfy experience
 1083  requirements for its application.
 1084         (c) Is not required to have Florida resident ownership of
 1085  more than 7 percent.
 1086         (d) May submit cap increase requests at any time for
 1087  approval by the division and work with the Department of
 1088  Economic Opportunity to determine the appropriate capital range
 1089  for the microbusiness licenses based on conditions of the market
 1090  in which the microbusiness operates.
 1091         (e) May sell or transfer the license 3 years or later after
 1092  the business starts operating.
 1093         (2) The division shall create a program that assists
 1094  microbusinesses and craft growers transition to licensure as
 1095  cultivation centers.
 1096         566.202 Early approval adult use dispensing organization
 1097  license.—
 1098         (1) Any medical marijuana dispensary holding a valid
 1099  registration under s. 381.986 as of July 1, 2022, may, before
 1100  September 1, 2022, apply to the department pursuant to this
 1101  section for an early approval adult use dispensing organization
 1102  license to serve purchasers at any medical marijuana dispensary
 1103  location in operation on July 1, 2022.
 1104         (2) A medical marijuana dispensary seeking early approval
 1105  licensure as a dispensing organization to serve purchasers at
 1106  any medical marijuana dispensary location in operation as of
 1107  July 1, 2022, shall submit an application on forms provided by
 1108  the department. The application must be submitted by the same
 1109  person or entity that holds the medical marijuana dispensary
 1110  registration and include all of the following:
 1111         (a) Payment of a nonrefundable fee as provided in s.
 1112  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 1113  and Tobacco Trust Fund.
 1114         (b) Proof of registration as a medical marijuana dispensary
 1115  that is in good standing.
 1116         (c) Certification that the applicant will comply with the
 1117  requirements contained in s. 381.986 except as provided in this
 1118  chapter.
 1119         (d) The legal name of the dispensing organization.
 1120         (e) The physical address of the dispensing organization.
 1121         (f) The name, address, social security number, and date of
 1122  birth of each principal officer and board member of the
 1123  dispensing organization, each of whom must be at least 21 years
 1124  of age.
 1125         (g) A nonrefundable cannabis business development fee as
 1126  provided in s. 566.801 to be deposited with the department to be
 1127  used to encourage development of businesses of social equity
 1128  applicants.
 1129         (h) Identification of one of the following social equity
 1130  inclusion plans to be completed by March 31, 2024:
 1131         1. Make a contribution as provided in s. 566.804 to the
 1132  department to be used to encourage development of businesses of
 1133  social equity applicants. This is in addition to the fee
 1134  required by paragraph (g);
 1135         2. Make a contribution as provided in s. 566.804 to a
 1136  cannabis industry training or education program at a Florida
 1137  College System institution as defined in s. 1000.21;
 1138         3. Make a donation as provided in s. 566.804 or more to a
 1139  program that provides job training services to persons recently
 1140  incarcerated or that operates in a disproportionately impacted
 1141  area;
 1142         4. Participate as a host in a cannabis business
 1143  establishment incubator program approved by the Department of
 1144  Economic Opportunity, and in which an early approval adult use
 1145  dispensing organization licensee agrees to provide a loan of at
 1146  least $100,000 and mentorship to incubate a licensee that
 1147  qualifies as a social equity applicant for at least a year. As
 1148  used in this subparagraph, the term “incubate” means providing
 1149  direct financial assistance and training necessary to engage in
 1150  licensed cannabis industry activity similar to that of the host
 1151  licensee. The early approval adult use dispensing organization
 1152  licensee or the same entity holding any other licenses issued
 1153  pursuant to this chapter may not take an ownership stake of
 1154  greater than 10 percent in any business receiving incubation
 1155  services to comply with this paragraph. If an early approval
 1156  adult use dispensing organization licensee fails to find a
 1157  business to incubate to comply with this paragraph before its
 1158  early approval adult use dispensing organization license
 1159  expires, it may opt to meet the requirement of this paragraph by
 1160  completing another item from this paragraph; or
 1161         5. Participate in a sponsorship program for at least 2
 1162  years approved by the Department of Economic Opportunity in
 1163  which an early approval adult use dispensing organization
 1164  licensee agrees to provide an interest-free loan of at least
 1165  $200,000 to a social equity applicant. The sponsor may not take
 1166  an ownership stake in any cannabis business establishment
 1167  receiving sponsorship services to comply with this paragraph.
 1168         (3) The license fee required by paragraph (2)(a) shall be
 1169  in addition to any license fee required for the renewal of a
 1170  registered medical marijuana dispensary license.
 1171         (4) Applicants must submit all required information,
 1172  including the requirements in subsection (2), to the department.
 1173  Failure by an applicant to submit all required information may
 1174  result in the application being disqualified.
 1175         (5) If the department receives an application that fails to
 1176  provide the required elements contained in subsection (2), the
 1177  department shall issue a deficiency notice to the applicant. The
 1178  applicant shall have 10 calendar days after the date of the
 1179  deficiency notice to submit complete information. Applications
 1180  that are still incomplete after this opportunity to cure may be
 1181  disqualified.
 1182         (6) If an applicant meets all the requirements of
 1183  subsection (2), the department shall issue the early approval
 1184  adult use dispensing organization license within 14 days after
 1185  receiving a completed application unless:
 1186         (a) The licensee or a principal officer is delinquent in
 1187  filing any required tax returns or paying any amounts owed to
 1188  the state;
 1189         (b) The department determines there is reason to conclude,
 1190  based on documented compliance violations, the licensee is not
 1191  entitled to an early approval adult use dispensing organization
 1192  license; or
 1193         (c) Any principal officer fails to register and remain in
 1194  compliance with this chapter or s. 381.986.
 1195         (7) A medical marijuana treatment center that obtains an
 1196  early approval adult use dispensing organization license may
 1197  begin selling cannabis, cannabis-infused products,
 1198  paraphernalia, and related items to purchasers under the rules
 1199  of this chapter on or after January 1, 2023.
 1200         (8) A medical marijuana treatment center under s. 381.986
 1201  must maintain an adequate supply of cannabis and cannabis
 1202  infused products for purchase by qualified patients. For the
 1203  purposes of this subsection, “adequate supply” means a monthly
 1204  inventory level that is comparable in type and quantity to those
 1205  medical cannabis products provided to patients and caregivers on
 1206  an average monthly basis for the 6 months before July 1, 2022.
 1207         (9) If there is a shortage of cannabis or cannabis-infused
 1208  products, a medical marijuana treatment center holding both a
 1209  medical marijuana treatment center license and a license under
 1210  this chapter shall prioritize serving qualified patients and
 1211  caregivers before serving purchasers.
 1212         (10) Notwithstanding any law or rule to the contrary, a
 1213  medical marijuana treatment center licensed under s. 381.986
 1214  which is also an early approval adult use dispensing
 1215  organization licensee may allow purchasers into a limited access
 1216  area as that term is defined in rules adopted pursuant to s.
 1217  381.986.
 1218         (11) An early approval adult use dispensing organization
 1219  license is valid until March 31, 2024. For a medical marijuana
 1220  treatment center that obtains an early approval adult use
 1221  dispensing organization license, the department shall provide
 1222  written or electronic notice 90 days before the expiration of
 1223  the license that the license will expire and inform the licensee
 1224  that it may renew its early approval adult use dispensing
 1225  organization license. The department shall renew the early
 1226  approval adult use dispensing organization license within 60
 1227  days after it deems the renewal application complete if:
 1228         (a) The medical marijuana treatment center submits an
 1229  application and the required nonrefundable renewal fee, as
 1230  provided in s. 566.801, to be deposited into the Alcoholic
 1231  Beverage, Marijuana, and Tobacco Trust Fund.
 1232         (b) The department has not suspended or revoked the early
 1233  approval adult use dispensing organization license or a medical
 1234  marijuana treatment center license on the same premises for
 1235  violations of this chapter or s. 381.986 or rules adopted
 1236  pursuant thereto.
 1237         (c) The medical marijuana treatment center has completed a
 1238  social equity inclusion plan as required by paragraph (2)(h).
 1239         (12) The early approval adult use dispensing organization
 1240  license renewed pursuant to subsection (11) shall expire March
 1241  31, 2025. For early approval adult use dispensing organization
 1242  licensees, the department shall provide written or electronic
 1243  notice 90 days before the expiration of the license that the
 1244  license will expire and inform the licensee that it may apply
 1245  for an adult use dispensing organization license. The department
 1246  shall grant an adult use dispensing organization license within
 1247  60 days after it deems an application complete if the applicant
 1248  has met all of the criteria in s. 566.2032.
 1249         (13) If a dispensary fails to submit an application for an
 1250  adult use dispensing organization license before the expiration
 1251  of the early approval adult use dispensing organization license
 1252  pursuant to subsection (11), the medical marijuana treatment
 1253  center shall cease serving purchasers and cease all operations
 1254  until it receives an adult use dispensing organization license.
 1255         (14) A medical marijuana treatment center agent who holds a
 1256  valid medical marijuana treatment center agent identification
 1257  card issued under s. 381.986 and is an officer, director,
 1258  manager, or employee of the medical marijuana treatment center
 1259  licensed under this section may engage in all activities
 1260  authorized by this chapter to be performed by a medical
 1261  marijuana treatment center agent.
 1262         (15)(a) If the department suspends or revokes the early
 1263  approval adult use dispensing organization license of a
 1264  dispensing organization that is also a medical marijuana
 1265  treatment center licensed under s. 381.986, the department may
 1266  consider the suspension or revocation as grounds to take
 1267  disciplinary action against the medical marijuana treatment
 1268  center license.
 1269         (b) If, within 360 days after July 1, 2022, a dispensing
 1270  organization is unable to find a location within the BLS regions
 1271  prescribed in which to operate an early approval adult use
 1272  dispensing organization at a secondary site because no
 1273  jurisdiction within the prescribed area allows the operation of
 1274  an adult use dispensing organization, the department may waive
 1275  the geographic restrictions and specify another BLS region in
 1276  which the dispensary may be placed.
 1277         (c) A medical marijuana treatment center licensed under s.
 1278  381.986 as of July 1, 2022, may, before September 1, 2022, apply
 1279  to the department for an early approval adult use dispensing
 1280  organization license to operate a dispensing organization to
 1281  serve purchasers at a secondary site not within 1,500 feet of
 1282  another medical marijuana treatment center.
 1283         (d) A medical marijuana treatment center licensed under s.
 1284  381.986 seeking issuance of an early approval adult use
 1285  dispensing organization license at a secondary site to serve
 1286  purchasers at a secondary site as prescribed in this section
 1287  must submit an application on forms provided by the department.
 1288  The application must meet or include the following
 1289  qualifications:
 1290         1. Payment of a nonrefundable application fee as provided
 1291  in s. 566.801.
 1292         2. Proof of registration as a medical marijuana treatment
 1293  center licensed under s. 381.986 that is in good standing.
 1294         3. Submission of the application by the same person or
 1295  entity that holds the medical marijuana treatment center
 1296  license.
 1297         4. The legal name of the medical marijuana treatment
 1298  center.
 1299         5. The physical address of the medical marijuana treatment
 1300  center and the proposed physical address of the secondary site.
 1301         6. A copy of the current local zoning ordinance sections
 1302  relevant to dispensary operations and documentation of the
 1303  approval, the conditional approval, or the status of a request
 1304  for zoning approval from the local zoning office that the
 1305  proposed dispensary location is in compliance with the local
 1306  zoning rules.
 1307         7. A plot plan of the dispensary drawn to scale. The
 1308  applicant shall submit general specifications of the building
 1309  exterior and interior layout.
 1310         8. A statement that the dispensing organization agrees to
 1311  respond to the department’s supplemental requests for
 1312  information.
 1313         9. For the building or land to be used as the proposed
 1314  dispensary:
 1315         a. If the property is not owned by the applicant, a written
 1316  statement from the property owner and landlord, if any,
 1317  certifying consent that the applicant may operate a dispensary
 1318  on the premises; or
 1319         b. If the property is owned by the applicant, confirmation
 1320  of ownership.
 1321         10. A copy of the proposed operating bylaws.
 1322         11. A copy of the proposed business plan that complies with
 1323  the requirements in this chapter, including, at a minimum, the
 1324  following:
 1325         a. A description of services to be offered.
 1326         b. A description of the process of dispensing cannabis.
 1327         12. A copy of the proposed security plan that complies with
 1328  the requirements in this chapter, including:
 1329         a. A description of the delivery process by which cannabis
 1330  will be received from a transporting organization, including
 1331  receipt of manifests and protocols that will be used to avoid
 1332  diversion, theft, or loss at the dispensary acceptance point.
 1333         b. The process or controls that will be implemented to
 1334  monitor the dispensary; secure the premises, agents, patients,
 1335  and currency; and prevent the diversion, theft, or loss of
 1336  cannabis.
 1337         c. The process to ensure that access to the restricted
 1338  access areas is restricted to registered agents, service
 1339  professionals, transporting organization agents, department
 1340  inspectors, and security personnel.
 1341         13. A proposed inventory control plan that complies with
 1342  this section.
 1343         14. The name, address, social security number, and date of
 1344  birth of each principal officer and board member of the
 1345  dispensing organization, each of whom must be at least 21 years
 1346  of age.
 1347         15. A nonrefundable cannabis business development fee as
 1348  provided in s. 566.804, to be paid to the department to be used
 1349  to encourage development of businesses of social equity
 1350  applicants.
 1351         16. A commitment to completing one of the social equity
 1352  inclusion plans in paragraph (e).
 1353         (e) Before receiving an early approval adult use dispensing
 1354  organization license at a secondary site, a dispensing
 1355  organization shall indicate from the following list which social
 1356  equity inclusion plan the applicant plans to complete before the
 1357  expiration of the early approval adult use dispensing
 1358  organization license:
 1359         1. Make a contribution of 3 percent of total sales from
 1360  June 1, 2018, to June 1, 2019, or $100,000, whichever is less,
 1361  to the department to be used to encourage development of
 1362  businesses of social equity applicants. This is in addition to
 1363  the fee required by subparagraph (d)15.;
 1364         2. Make a grant of 3 percent of total sales from June 1,
 1365  2018, to June 1, 2019, or $100,000, whichever is less, to a
 1366  cannabis industry training or education program at a Florida
 1367  College System institution as defined in s. 1000.21;
 1368         3. Make a donation of $100,000 or more to a program that
 1369  provides job training services to persons recently incarcerated
 1370  or that operates in a disproportionately impacted area;
 1371         4. Participate as a host in a cannabis business
 1372  establishment incubator program approved by the Department of
 1373  Economic Opportunity, and in which an early approval adult use
 1374  dispensing organization license at a secondary site holder
 1375  agrees to provide a loan of at least $100,000 and mentorship to
 1376  incubate a licensee that qualifies as a social equity applicant
 1377  for at least 1 year. As used in this subparagraph, the term
 1378  “incubate” means providing direct financial assistance and
 1379  training necessary to engage in licensed cannabis industry
 1380  activity similar to that of the host licensee. The early
 1381  approval adult use dispensing organization licensee or the same
 1382  entity holding any other licenses issued under this chapter may
 1383  not take an ownership stake of greater than 10 percent in any
 1384  business receiving incubation services to comply with this
 1385  paragraph. If an early approval adult use dispensing
 1386  organization license at a secondary site holder fails to find a
 1387  business to incubate in order to comply with this paragraph
 1388  before its early approval adult use dispensing organization
 1389  license at a secondary site expires, it may opt to meet the
 1390  requirement of this paragraph by completing another item from
 1391  this paragraph before the expiration of its early approval adult
 1392  use dispensing organization license at a secondary site to avoid
 1393  a penalty; or
 1394         5. Participate for at least 2 years in a sponsorship
 1395  program approved by the Department of Economic Opportunity in
 1396  which an early approval adult use dispensing organization
 1397  license at a secondary site holder agrees to provide an
 1398  interest-free loan of at least $200,000 to a social equity
 1399  applicant. The sponsor may not take an ownership stake of
 1400  greater than 10 percent in any business receiving sponsorship
 1401  services to comply with this paragraph.
 1402         (f) The license fee required by subparagraph (d)1. is in
 1403  addition to any license fee required for the renewal of a
 1404  medical marijuana treatment center license.
 1405         (g) Applicants must submit all required information,
 1406  including the requirements in paragraph (d), to the department.
 1407  Failure by an applicant to submit all required information may
 1408  result in the application being disqualified.
 1409         (h) If the department receives an application that fails to
 1410  provide the required elements contained in paragraph (d), the
 1411  department shall issue a deficiency notice to the applicant. The
 1412  applicant shall have 10 calendar days after the date of the
 1413  deficiency notice to submit complete information. Applications
 1414  that are still incomplete after this opportunity to cure may be
 1415  disqualified.
 1416         (i) Once all required information and documents have been
 1417  submitted, the department shall review the application. The
 1418  department may request revisions and retains authority for final
 1419  approval over dispensary features. Once the application is
 1420  complete and meets the department’s approval, the department
 1421  shall conditionally approve the license. Final approval is
 1422  contingent on the buildout and department inspection.
 1423         (j) Upon submission of the early approval adult use
 1424  dispensing organization at a secondary site application, the
 1425  applicant shall request an inspection and the department may
 1426  inspect the early approval adult use dispensing organization’s
 1427  secondary site to confirm compliance with the application and
 1428  this chapter.
 1429         (k) The department may issue an early approval adult use
 1430  dispensing organization license at a secondary site only after
 1431  the completion of a successful inspection.
 1432         (l) If an applicant passes the inspection under this
 1433  subsection, the department shall issue the early approval adult
 1434  use dispensing organization license at a secondary site within
 1435  10 business days unless:
 1436         1. The licensee; a principal officer, board member, or
 1437  person having a financial or voting interest of 5 percent or
 1438  greater in the licensee; or an agent is delinquent in filing any
 1439  required tax returns or paying any amounts owed to the state; or
 1440         2. The department determines there is reason to conclude,
 1441  based on documented compliance violations, that the licensee is
 1442  not entitled to an early approval adult use dispensing
 1443  organization license at its secondary site.
 1444         (m) Once the department has issued a license, the
 1445  dispensing organization shall notify the department of the
 1446  proposed opening date.
 1447         (n) A medical marijuana treatment center that obtains an
 1448  early approval adult use dispensing organization license at a
 1449  secondary site may begin selling cannabis, cannabis-infused
 1450  products, paraphernalia, and related items to purchasers under
 1451  the rules of this chapter on or after January 1, 2023.
 1452         (o) If there is a shortage of cannabis or cannabis-infused
 1453  products, a dispensing organization that is a medical marijuana
 1454  treatment center under s. 381.986 and is licensed under this
 1455  section shall prioritize serving qualified patients and
 1456  caregivers before serving purchasers.
 1457         (p) An early approval adult use dispensing organization
 1458  license at a secondary site is valid until March 31, 2024. For a
 1459  medical marijuana treatment center that obtains an early
 1460  approval adult use dispensing organization license at a
 1461  secondary site, the department shall provide written or
 1462  electronic notice 90 days before the expiration of the license
 1463  that the license will expire and inform the licensee that it may
 1464  renew its early approval adult use dispensing organization
 1465  license at a secondary site. The department shall renew an early
 1466  approval adult use dispensing organization license at a
 1467  secondary site within 60 days after it deems the renewal
 1468  application complete if:
 1469         1. The dispensing organization submits an application and
 1470  the required nonrefundable renewal fee as provided in s.
 1471  566.801, to be deposited into the Alcoholic Beverage, Marijuana,
 1472  and Tobacco Trust Fund;
 1473         2. The person’s or entity’s early approval adult use
 1474  dispensing organization license or a medical marijuana treatment
 1475  center license has not been suspended or revoked for violation
 1476  of applicable statutes or rules; and
 1477         3. The dispensing organization has completed a social
 1478  equity inclusion plan as required by this section.
 1479         (q) For an early approval adult use dispensing organization
 1480  license at a secondary site renewed pursuant to paragraph (p),
 1481  the department shall provide written or electronic notice 90
 1482  days before the expiration of the license that the license will
 1483  expire and inform the licensee that it may apply for an adult
 1484  use dispensing organization license. The department shall grant
 1485  an adult use dispensing organization license within 60 days
 1486  after it deems an application complete if the applicant has met
 1487  all of the criteria for such a license.
 1488         (r) If a dispensing organization fails to submit an
 1489  application for renewal of an early approval adult use
 1490  dispensing organization license or for an adult use dispensing
 1491  organization license before the expiration dates provided in
 1492  paragraphs (p) and (q), the dispensing organization shall cease
 1493  serving purchasers until it receives a renewal or an adult use
 1494  dispensing organization license.
 1495         (s) A medical marijuana treatment center agent who holds a
 1496  valid medical marijuana treatment center agent identification
 1497  card issued under s. 381.986 and is an officer, director,
 1498  manager, or employee of the medical marijuana treatment center
 1499  licensed under this section may engage in all activities
 1500  authorized by this chapter to be performed by a medical
 1501  marijuana treatment center agent.
 1502         (t) If the department suspends or revokes the early
 1503  approval adult use dispensing organization license of a
 1504  dispensing organization that also holds a medical marijuana
 1505  treatment center license, the Department of Health may consider
 1506  the suspension or revocation as grounds to take disciplinary
 1507  action against the medical marijuana treatment center.
 1508         (u) All fees or fines collected from an early approval
 1509  adult use dispensing organization license at a secondary site
 1510  holder as a result of a disciplinary action in the enforcement
 1511  of this chapter shall be deposited into the Alcoholic Beverage,
 1512  Marijuana, and Tobacco Trust Fund and be appropriated to the
 1513  department for the ordinary and contingent expenses of the
 1514  department in the administration and enforcement of this
 1515  section.
 1516         (16) All fees collected pursuant to this section shall be
 1517  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 1518  Trust Fund, unless otherwise specified.
 1519         566.203 Awarding of conditional adult use dispensing
 1520  organization licenses.—
 1521         (1) The department shall issue up to 75 conditional adult
 1522  use dispensing organization licenses before May 1, 2023.
 1523         (2) The department shall make the application for a
 1524  conditional adult use dispensing organization license available
 1525  no later than October 1, 2022, and shall accept applications no
 1526  later than January 1, 2023.
 1527         (3) To ensure the geographic dispersion of conditional
 1528  adult use dispensing organization licensees, the number of
 1529  licenses shall be awarded in each BLS region as determined by
 1530  each region’s percentage of the state’s population.
 1531         (4) An applicant seeking issuance of a conditional adult
 1532  use dispensing organization license shall submit an application
 1533  on forms provided by the department. An applicant must meet the
 1534  following requirements:
 1535         (a) Payment of a nonrefundable application fee as provided
 1536  in s. 566.801 for each license for which the applicant is
 1537  applying, which shall be deposited into the Alcoholic Beverage,
 1538  Marijuana, and Tobacco Trust Fund.
 1539         (b) Certification that the applicant will comply with the
 1540  requirements of this chapter.
 1541         (c) The legal name of the proposed dispensing organization.
 1542         (d) A statement that the dispensing organization agrees to
 1543  respond to the department’s supplemental requests for
 1544  information.
 1545         (e) From each principal officer, a statement indicating
 1546  whether that person:
 1547         1. Has previously held or currently holds an ownership
 1548  interest in a cannabis business establishment in this state; or
 1549         2. Has held an ownership interest in a dispensing
 1550  organization or its equivalent in another state or territory of
 1551  the United States that had the dispensing organization
 1552  registration or license suspended, revoked, placed on
 1553  probationary status, or subjected to other disciplinary action.
 1554         (f) Disclosure of whether any principal officer has ever
 1555  filed for bankruptcy or defaulted on a spousal support or child
 1556  support obligation.
 1557         (g) A resume for each principal officer, including whether
 1558  that person has an academic degree, certification, or relevant
 1559  experience with a cannabis business establishment or in a
 1560  related industry.
 1561         (h) A description of the training and education that will
 1562  be provided to dispensing organization agents.
 1563         (i) A copy of the proposed operating bylaws.
 1564         (j) A copy of the proposed business plan that complies with
 1565  the requirements in this chapter, including, at a minimum, the
 1566  following:
 1567         1. A description of services to be offered.
 1568         2. A description of the process of dispensing cannabis.
 1569         (k) A copy of the proposed security plan that complies with
 1570  the requirements in this chapter, including:
 1571         1. The process or controls that will be implemented to
 1572  monitor the dispensary, secure the premises, agents, and
 1573  currency, and prevent the diversion, theft, or loss of cannabis.
 1574         2. The process to ensure that access to the restricted
 1575  access areas is restricted to registered agents, service
 1576  professionals, transporting organization agents, department
 1577  inspectors, and security personnel.
 1578         (l) A proposed inventory control plan that complies with
 1579  this section.
 1580         (m) A proposed floor plan, a square footage estimate, and a
 1581  description of proposed security devices, including, without
 1582  limitation, cameras, motion detectors, servers, video storage
 1583  capabilities, and alarm service providers.
 1584         (n) The name, address, social security number, and date of
 1585  birth of each principal officer and board member of the
 1586  dispensing organization, each of whom must be at least 21 years
 1587  of age.
 1588         (o) Evidence of the applicant’s status as a social equity
 1589  applicant, if applicable, and whether such applicant plans to
 1590  apply for a loan or grant issued by the Department of Economic
 1591  Opportunity.
 1592         (p) The address, telephone number, and e-mail address of
 1593  the applicant’s principal place of business, if applicable. A
 1594  post office box may not be used for purposes of this paragraph.
 1595         (q) Written summaries of any information regarding
 1596  instances in which a business or nonprofit organization that a
 1597  prospective board member previously managed or served on was
 1598  fined or censured or had its registration suspended or revoked
 1599  in any administrative or judicial proceeding.
 1600         (r) A plan for community engagement.
 1601         (s) Procedures to ensure accurate recordkeeping and
 1602  security measures that are in accordance with this chapter and
 1603  department rules.
 1604         (t) The estimated volume of cannabis it plans to store at
 1605  the dispensary.
 1606         (u) A description of the features that will provide
 1607  accessibility to purchasers as required by the Americans with
 1608  Disabilities Act.
 1609         (v) A detailed description of air treatment systems that
 1610  will be installed to reduce odors.
 1611         (w) A reasonable assurance that the issuance of a license
 1612  will not have a detrimental impact on the community in which the
 1613  applicant wishes to locate.
 1614         (x) The dated signature of each principal officer.
 1615         (y) A description of the enclosed, locked facility where
 1616  cannabis will be stored by the dispensing organization.
 1617         (z) Signed statements from each dispensing organization
 1618  agent stating that he or she will not divert cannabis.
 1619         (aa) The number of licenses it is applying for in each BLS
 1620  region.
 1621         (bb) A diversity plan that includes a narrative of at least
 1622  2,500 words that establishes a goal of diversity in ownership,
 1623  management, employment, and contracting to ensure that diverse
 1624  participants and groups are afforded equal opportunities.
 1625         (cc) A contract with a private security contractor that is
 1626  licensed under part III of chapter 493 in order for the
 1627  dispensary to have adequate security at its facility.
 1628         (5) An applicant who receives a conditional adult use
 1629  dispensing organization license under this section has 180 days
 1630  after the date of award to identify a physical location for the
 1631  dispensing organization retail storefront. Before a conditional
 1632  licensee receives an authorization to build out the dispensing
 1633  organization from the department, the department shall inspect
 1634  the physical space selected by the conditional licensee. The
 1635  department shall verify the site is suitable for product
 1636  handling, storage, and public access; the layout promotes the
 1637  safe dispensing of cannabis; and the location is sufficient in
 1638  size, power allocation, lighting, parking, handicapped
 1639  accessible parking spaces, and accessible entry and exits as
 1640  required by the Americans with Disabilities Act. The applicant
 1641  shall also provide a statement of reasonable assurance that the
 1642  issuance of a license will not have a detrimental impact on the
 1643  community. The applicant shall also provide evidence that the
 1644  location is not within 1,500 feet of an existing dispensing
 1645  organization. If an applicant is unable to find a physical
 1646  location suitable to the department within 180 days after the
 1647  issuance of the conditional adult use dispensing organization
 1648  license, the department may extend the period for finding a
 1649  physical location for an additional 180 days if the conditional
 1650  adult use dispensing organization licensee demonstrates concrete
 1651  attempts to secure a location and a hardship. If the department
 1652  denies the extension or the conditional adult use dispensing
 1653  organization licensee is unable to find a location or become
 1654  operational within 360 days after being awarded a conditional
 1655  license, the department shall rescind the conditional license
 1656  and award it to the next highest scoring applicant in the BLS
 1657  region for which the license was assigned, provided the
 1658  applicant receiving the license:
 1659         (a) Confirms a continued interest in operating a dispensing
 1660  organization.
 1661         (b) Can provide evidence that the applicant continues to
 1662  meet the financial requirements of this section.
 1663         (c) Has not otherwise become ineligible to be awarded a
 1664  dispensing organization license. If the new awardee is unable to
 1665  accept the conditional adult use dispensing organization
 1666  license, the department shall award the conditional adult use
 1667  dispensing organization license to the next highest scoring
 1668  applicant in the same manner. The new awardee shall be subject
 1669  to the same required deadlines as provided in this subsection.
 1670         (6) If within 180 days after being awarded a conditional
 1671  adult use dispensing organization license, a dispensing
 1672  organization is unable to find a location within the BLS region
 1673  in which it was awarded a conditional adult use dispensing
 1674  organization license because no jurisdiction within the BLS
 1675  region allows for the operation of an adult use dispensing
 1676  organization, the department may authorize the conditional adult
 1677  use dispensing organization licensee to transfer its license to
 1678  a different BLS region specified by the department.
 1679         (7) A dispensing organization that is awarded a conditional
 1680  adult use dispensing organization license pursuant to the
 1681  criteria in s. 566.202 may not purchase, possess, sell, or
 1682  dispense cannabis or cannabis-infused products until the person
 1683  has received an adult use dispensing organization license issued
 1684  by the department pursuant to s. 566.2032. The department may
 1685  not issue an adult use dispensing organization license until:
 1686         (a) The department has inspected the dispensary site and
 1687  proposed operations and verified that they are in compliance
 1688  with this chapter and local zoning laws.
 1689         (b) The conditional adult use dispensing organization
 1690  licensee has paid a registration fee as provided in s. 566.801,
 1691  or a prorated amount accounting for the difference of time
 1692  between when the adult use dispensing organization license is
 1693  issued and March 31 of the next even-numbered year.
 1694         (8) The department shall conduct a background check of the
 1695  prospective organization agents in order to carry out its duties
 1696  under this chapter. The Department of Law Enforcement may charge
 1697  a fee as provided in s. 943.053. Each person applying as a
 1698  dispensing organization agent shall submit a full set of
 1699  fingerprints to the Department of Law Enforcement for the
 1700  purpose of obtaining a state and federal criminal records check.
 1701  These fingerprints shall be checked against the fingerprint
 1702  records now and hereafter, to the extent allowed by law, filed
 1703  in the Department of Law Enforcement criminal history records
 1704  databases. The Department of Law Enforcement shall furnish,
 1705  following positive identification, all of this state’s
 1706  conviction information to the department.
 1707         (9) Applicants for a conditional adult use dispensing
 1708  organization license must submit all required information,
 1709  including the information required in s. 566.203, to the
 1710  department. Failure by an applicant to submit all required
 1711  information may result in the application being disqualified.
 1712         (10) If the department receives an application that fails
 1713  to provide the required elements contained in this section, the
 1714  department shall issue a deficiency notice to the applicant. The
 1715  applicant shall have 10 calendar days after the date of the
 1716  deficiency notice to resubmit the incomplete information.
 1717  Applications that are still incomplete after this opportunity to
 1718  cure will not be scored and will be disqualified.
 1719         (11) The department shall award up to 250 points to
 1720  complete applications based on the sufficiency of the
 1721  applicant’s responses to required information. Applicants will
 1722  be awarded points based on a determination that the application
 1723  satisfactorily includes the following elements:
 1724         (a) Suitability of employee training plan (15 points).—The
 1725  plan includes an employee training plan that demonstrates that
 1726  employees will understand the laws and rules to be followed by
 1727  dispensary employees, have knowledge of any security measures
 1728  and operating procedures of the dispensary, and are able to
 1729  advise purchasers on how to safely consume cannabis and use
 1730  individual products offered by the dispensary.
 1731         (b) Security and recordkeeping (65 points).—
 1732         1. The security plan accounts for the prevention of the
 1733  theft or diversion of cannabis. The security plan demonstrates
 1734  safety procedures for dispensary agents and purchasers, and for
 1735  safe delivery and storage of cannabis and currency. It
 1736  demonstrates compliance with all security requirements in this
 1737  section and rules adopted hereto.
 1738         2. The security plan includes a plan for recordkeeping,
 1739  tracking, and monitoring inventory, quality control, and other
 1740  policies and procedures that will promote standard recordkeeping
 1741  and discourage unlawful activity. This plan includes the
 1742  applicant’s strategy to communicate with the department and the
 1743  Department of Law Enforcement on the destruction and disposal of
 1744  cannabis. The plan must also demonstrate compliance with this
 1745  chapter and rules adopted pursuant thereto.
 1746         3. The security plan shall also detail which private
 1747  security contractor licensed under part III of chapter 493 the
 1748  dispensary will contract with in order to provide adequate
 1749  security at its facility.
 1750         (c) Applicant’s business plan, financials, operating and
 1751  floor plan (65 points).—
 1752         1. The business plan shall describe, at a minimum, how the
 1753  dispensing organization will be managed on a long-term basis.
 1754  This shall include a description of the dispensing
 1755  organization’s point-of-sale system, purchases and denials of
 1756  sale, confidentiality, and products and services to be offered.
 1757  It will demonstrate compliance with this chapter and rules
 1758  adopted pursuant thereto.
 1759         2. The operating plan shall include, at a minimum, best
 1760  practices for day-to-day dispensary operation and staffing. The
 1761  operating plan may also include information about employment
 1762  practices, including information about the percentage of full
 1763  time employees who will be provided a living wage.
 1764         3. The proposed floor plan must be suitable for public
 1765  access and the layout must promote safe dispensing of cannabis,
 1766  must comply with the Americans with Disabilities Act, and must
 1767  facilitate safe product handling and storage.
 1768         (d) Knowledge and experience (30 points).—
 1769         1. The applicant’s principal officers must demonstrate
 1770  experience and qualifications in business management or
 1771  experience with the cannabis industry. This includes ensuring
 1772  optimal safety and accuracy in the dispensing and sale of
 1773  cannabis.
 1774         2. The applicant’s principal officers must demonstrate
 1775  knowledge of various cannabis product strains or varieties and
 1776  describe the types and quantities of products planned to be
 1777  sold. This includes confirmation of whether the dispensing
 1778  organization plans to sell cannabis paraphernalia or edibles.
 1779         3. Knowledge and experience may be demonstrated through
 1780  experience in other comparable industries which reflect on the
 1781  applicant’s ability to operate a cannabis business
 1782  establishment.
 1783         (e) Status as a social equity applicant (50 points).—The
 1784  applicant meets the qualifications for a social equity applicant
 1785  as set forth in this chapter.
 1786         (f) Labor and employment practices (5 points).—The
 1787  applicant may describe plans to provide a safe, healthy, and
 1788  economically beneficial working environment for its agents,
 1789  including, but not limited to, codes of conduct, health care
 1790  benefits, educational benefits, retirement benefits, living wage
 1791  standards, and entering a labor peace agreement with employees.
 1792         (g) Environmental plan (5 points).—The applicant may
 1793  demonstrate an environmental plan of action to minimize the
 1794  carbon footprint, environmental impact, and resource needs for
 1795  the dispensary, which may include, but need not be limited to,
 1796  recycling cannabis product packaging.
 1797         (h) Florida owner (5 points).—Fifty-one percent or more of
 1798  the applicant business is owned and controlled by a Florida
 1799  resident who can prove residency in this state for each of the
 1800  past 5 years with tax records.
 1801         (i) Status as a veteran (5 points).—Fifty-one percent or
 1802  more of the applicant business is controlled and owned by an
 1803  individual or individuals who meet the qualifications of a
 1804  veteran as defined s. 1.01(14).
 1805         (j) A diversity plan (5 points).—The applicant must provide
 1806  a diversity plan that includes a narrative of no more than 2,500
 1807  words which establishes a goal of diversity in ownership,
 1808  management, employment, and contracting to ensure that diverse
 1809  participants and groups are afforded equal opportunities.
 1810         (12) The department may also award up to 2 bonus points if
 1811  an applicant includes a plan to engage with the community. The
 1812  applicant may demonstrate a desire to engage with its community
 1813  by participating in one or more of, but not limited to, the
 1814  following actions:
 1815         (a) Establishing an incubator program designed to increase
 1816  participation in the cannabis industry by persons who would
 1817  qualify as social equity applicants;
 1818         (b) Providing financial assistance to substance abuse
 1819  treatment centers;
 1820         (c) Educating children and teens about the potential harms
 1821  of cannabis use; or
 1822         (d) Other measures demonstrating a commitment to the
 1823  applicant’s community. Bonus points will only be awarded if the
 1824  department receives more than one application for a particular
 1825  BLS region which receive an equal score.
 1826         (13) The department may verify information contained in
 1827  each application and accompanying documentation to assess the
 1828  applicant’s veracity and fitness to operate a dispensing
 1829  organization.
 1830         (14) The department may refuse to issue an authorization to
 1831  any applicant who:
 1832         (a) Is unqualified to perform the duties required of the
 1833  applicant;
 1834         (b) Fails to disclose or states falsely any information
 1835  called for in the application;
 1836         (c) Has been found guilty of a violation of this chapter,
 1837  or whose medical marijuana dispensary license, early approval
 1838  adult use dispensing organization license, early approval adult
 1839  use dispensing organization license at a secondary site, or
 1840  early approval cultivation center license was suspended,
 1841  restricted, revoked, or denied for just cause, or the
 1842  applicant’s cannabis business establishment license was
 1843  suspended, restricted, revoked, or denied in any other state; or
 1844         (d) Has engaged in a pattern or practice of unfair or
 1845  illegal practices, methods, or activities in the conduct of
 1846  owning a cannabis business establishment or other business.
 1847         (15) The department shall deny the license if any principal
 1848  officer, board member, or person having a financial or voting
 1849  interest of 5 percent or greater in the licensee is delinquent
 1850  in filing any required tax returns or paying any amounts owed to
 1851  the state.
 1852         (16) The department shall verify an applicant’s compliance
 1853  with the requirements of this chapter and rules adopted pursuant
 1854  thereto before issuing a dispensing organization license.
 1855         (17) If an applicant is awarded a license, the information
 1856  and plans provided in the application, including any plans
 1857  submitted for bonus points, shall become a condition of the
 1858  conditional adult use dispensing organization license, except as
 1859  otherwise provided by this chapter or rule adopted pursuant
 1860  thereto. Dispensing organizations have a duty to disclose any
 1861  material changes to the application. The department shall review
 1862  all material changes disclosed by the dispensing organization
 1863  and may reevaluate its prior decision regarding the awarding of
 1864  a license, including, but not limited to, suspending or revoking
 1865  a license. Failure to comply with the conditions or requirements
 1866  in the application may subject the dispensing organization to
 1867  discipline, up to and including suspension or revocation of its
 1868  authorization or license by the department.
 1869         (18) If an applicant has not begun operating as a
 1870  dispensing organization within 1 year after the issuance of the
 1871  conditional adult use dispensing organization license, the
 1872  department may revoke the conditional adult use dispensing
 1873  organization license and award it to the next highest scoring
 1874  applicant in the BLS region if a suitable applicant indicates a
 1875  continued interest in the license or begin a new selection
 1876  process to award a conditional adult use dispensing organization
 1877  license.
 1878         (19) The department shall deny an application if granting
 1879  that application would result in a single person or entity
 1880  having a direct or indirect financial interest in more than 10
 1881  early approval adult use dispensing organization licenses,
 1882  conditional adult use dispensing organization licenses, or adult
 1883  use dispensing organization licenses. Any entity that is awarded
 1884  a license that results in a single person or entity having a
 1885  direct or indirect financial interest in more than 10 licenses
 1886  shall forfeit the most recently issued license and be subject to
 1887  a penalty to be determined by the department, unless the entity
 1888  declines the license at the time it is awarded.
 1889         566.2031 Conditional adult use dispensing organization
 1890  licenses after January 1, 2024.—
 1891         (1) In addition to any of the licenses issued under this
 1892  chapter, by December 21, 2022, the department shall issue up to
 1893  110 conditional adult use dispensing organization licenses
 1894  pursuant to the application process under this section. Before
 1895  issuing such licenses, the department may adopt rules through
 1896  emergency rulemaking in accordance with chapter 120. Such rules
 1897  may:
 1898         (a) Modify or change the BLS regions as they apply to this
 1899  chapter or modify or raise the number of conditional adult use
 1900  dispensing organization licenses assigned to each region based
 1901  on the following factors:
 1902         1. Purchaser wait times.
 1903         2. Travel time to the nearest dispensary for potential
 1904  purchasers.
 1905         3. Percentage of cannabis sales occurring in this state
 1906  which are not in the regulated market and tourism data from
 1907  VISIT Florida to ascertain total cannabis consumption in this
 1908  state compared to the amount of sales in licensed dispensing
 1909  organizations.
 1910         4. Whether there is an adequate supply of cannabis and
 1911  cannabis-infused products to serve registered qualified
 1912  patients.
 1913         5. Population increases or shifts.
 1914         6. Density of dispensing organizations in a region.
 1915         7. The department’s capacity to appropriately regulate
 1916  additional licenses.
 1917         8. Any other criteria the department deems relevant.
 1918         (b) Make modifications to remedy evidence of
 1919  discrimination.
 1920         (2) After January 1, 2024, the department may by rule
 1921  modify or raise the number of adult use dispensing organization
 1922  licenses assigned to each region and modify or change the
 1923  licensing application process to reduce or eliminate barriers
 1924  based on the criteria in subsection (1). The department may not
 1925  issue more than 500 adult use dispensing organization licenses.
 1926         566.2032 Adult use dispensing organization license.—
 1927         (1) A person is eligible to receive an adult use dispensing
 1928  organization license only if the person has been awarded a
 1929  conditional adult use dispensing organization license pursuant
 1930  to this chapter or has renewed its license pursuant to s.
 1931  566.202(11) or (12).
 1932         (2) The department may not issue an adult use dispensing
 1933  organization license until:
 1934         (a) The department has inspected the dispensary site and
 1935  proposed operations and verified that they are in compliance
 1936  with this chapter and local zoning laws;
 1937         (b) The conditional adult use dispensing organization
 1938  licensee has paid a registration fee as provided in s. 566.801
 1939  or a prorated amount accounting for the difference of time
 1940  between when the adult use dispensing organization license is
 1941  issued and March 31 of the next even-numbered year; and
 1942         (c) The conditional adult use dispensing organization
 1943  licensee has met all the requirements in this chapter and rules.
 1944         (3) A person or an entity may not hold any legal,
 1945  equitable, ownership, or beneficial interest, directly or
 1946  indirectly, of more than 10 dispensing organizations licensed
 1947  under this chapter. Further, a person or an entity that is:
 1948         (a) Employed by, is an agent of, or participates in the
 1949  management of a dispensing organization or registered medical
 1950  marijuana dispensary;
 1951         (b) A principal officer of a dispensing organization or
 1952  registered medical marijuana dispensary; or
 1953         (c) An entity controlled by or affiliated with a principal
 1954  officer of a dispensing organization or registered medical
 1955  marijuana dispensary;
 1956  
 1957  may not hold any legal, equitable, ownership, or beneficial
 1958  interest, directly or indirectly, in a dispensing organization
 1959  which would result in such person or entity owning or
 1960  participating in the management of more than 10 dispensing
 1961  organizations. For the purpose of this paragraph, the term
 1962  “participating in management” includes, without limitation,
 1963  controlling decisions regarding staffing, pricing, purchasing,
 1964  marketing, store design, hiring, and website design.
 1965         (4) The department shall deny an application if granting
 1966  that application would result in a person or entity obtaining
 1967  direct or indirect financial interest in more than 10 early
 1968  approval adult use dispensing organization licenses, conditional
 1969  adult use dispensing organization licenses, adult use dispensing
 1970  organization licenses, or any combination thereof. If a person
 1971  or entity is awarded a conditional adult use dispensing
 1972  organization license that would cause the person or entity to be
 1973  in violation of this subsection, the person or entity shall
 1974  choose which license application it wants to abandon and such
 1975  license shall become available to the next qualified applicant
 1976  in the region in which the abandoned license was awarded.
 1977         566.2033 Dispensing organization agent identification card;
 1978  agent training.—
 1979         (1) The department shall:
 1980         (a) Verify the information contained in an application or
 1981  renewal for a dispensing organization agent identification card
 1982  submitted under this chapter, and approve or deny an application
 1983  or renewal, within 30 days after receiving a completed
 1984  application or renewal application and all supporting
 1985  documentation required by rule.
 1986         (b) Issue a dispensing organization agent identification
 1987  card to a qualifying agent within 15 business days after
 1988  approving the application or renewal.
 1989         (c) Enter the registry identification number of the
 1990  dispensing organization where the agent works.
 1991         (d) By July 1, 2023, allow for an electronic application
 1992  process and confirm by electronic means or other methods that an
 1993  application has been submitted.
 1994         (e) Collect a nonrefundable fee as provided in s. 566.801
 1995  from the applicant to be deposited into the Alcoholic Beverage,
 1996  Marijuana, and Tobacco Trust Fund.
 1997         (2) A dispensing agent must keep his or her identification
 1998  card visible at all times when on the property of the dispensing
 1999  organization.
 2000         (3) The dispensing organization agent identification cards
 2001  shall contain all of the following:
 2002         (a) The name of the cardholder.
 2003         (b) The date of issuance and expiration date of the
 2004  dispensing organization agent identification cards.
 2005         (c) A random 10-digit alphanumeric identification number
 2006  containing at least four numbers and at least four letters which
 2007  is unique to the cardholder.
 2008         (d) A photograph of the cardholder.
 2009         (4) The dispensing organization agent identification cards
 2010  shall be immediately returned to the dispensing organization
 2011  upon termination of employment.
 2012         (5) The department may not issue an agent identification
 2013  card if the applicant is delinquent in filing any required tax
 2014  returns or paying any amounts owed to the state.
 2015         (6) A card lost by a dispensing organization agent shall be
 2016  reported to the Department of Law Enforcement and the department
 2017  immediately upon discovery of the loss.
 2018         (7) An applicant shall be denied a dispensing organization
 2019  agent identification card if he or she fails to complete the
 2020  training provided for in this section.
 2021         (8) A dispensing organization agent shall be required to
 2022  hold only one card for the same employer regardless of what type
 2023  of dispensing organization license the employer holds.
 2024         (9)(a) Within 90 days after September 1, 2022, or 90 days
 2025  after employment, whichever is later, all owners, managers,
 2026  employees, and agents involved in the handling or sale of
 2027  cannabis or cannabis-infused product employed by an adult use
 2028  dispensing organization or medical marijuana dispensary shall
 2029  attend and successfully complete a responsible vendor program.
 2030         (b) Each owner, manager, employee, and agent of an adult
 2031  use dispensing organization or medical marijuana dispensary
 2032  shall successfully complete the program annually.
 2033         (c) Responsible vendor program training modules shall
 2034  include at least 2 hours of instruction time approved by the
 2035  department which includes:
 2036         1. Health and safety concerns of cannabis use, including
 2037  the responsible use of cannabis, its physical effects, onset of
 2038  physiological effects, recognizing signs of impairment, and
 2039  appropriate responses in the event of overconsumption.
 2040         2. Training on laws and rules relating to driving while
 2041  under the influence.
 2042         3. Training on state laws and rules relating to the
 2043  prohibition on the sale of cannabis to minors.
 2044         4. Training on state laws and rules relating to quantity
 2045  limitations on sales to purchasers.
 2046         5. Training on acceptable forms of identification,
 2047  including, but not limited to:
 2048         a. How to check identification.
 2049         b. Common mistakes made in verification.
 2050         6. Safe storage of cannabis.
 2051         7. Compliance with all inventory tracking system
 2052  regulations.
 2053         8. Waste handling, management, and disposal.
 2054         9. Health and safety standards.
 2055         10. Maintenance of records.
 2056         11. Security and surveillance requirements.
 2057         12. Permitting inspections by state and local licensing and
 2058  enforcement authorities.
 2059         13. Privacy issues.
 2060         14. Packaging and labeling requirement for sales to
 2061  purchasers.
 2062         15. Other areas as determined by department rule.
 2063         (10) Upon the successful completion of the responsible
 2064  vendor program, the provider shall deliver proof of completion
 2065  either through mail or electronic communication to the
 2066  dispensing organization, which shall retain a copy of the
 2067  certificate.
 2068         (11) The license of a dispensing organization or medical
 2069  marijuana dispensary whose owners, managers, employees, or
 2070  agents fail to comply with this section may be suspended or
 2071  revoked under s. 566.2068 or may face other disciplinary action.
 2072         (12) The regulation of dispensing organization and medical
 2073  marijuana dispensary employer and employee training is an
 2074  exclusive function of the state, and regulation by a unit of
 2075  local government is prohibited.
 2076         (13) Persons seeking department approval to offer the
 2077  training required by paragraph (9)(c) may apply for such
 2078  approval between August 1 and August 15 of each odd-numbered
 2079  year in a manner prescribed by the department.
 2080         (14) Persons seeking department approval to offer the
 2081  training required by paragraph (9)(c) shall submit a
 2082  nonrefundable application fee as provided in s. 566.801 to be
 2083  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 2084  Trust Fund or a fee as may be set by rule. Any changes made to
 2085  the training module shall be approved by the department.
 2086         (15) The department may not unreasonably deny approval of a
 2087  training module that meets all the requirements of paragraph
 2088  (9)(c). A denial of approval must include a detailed description
 2089  of the reasons for the denial.
 2090         (16) Any person approved to provide the training required
 2091  by paragraph (9)(c) shall submit an application for reapproval
 2092  between August 1 and August 15 of each odd-numbered year and
 2093  include a nonrefundable application fee as provided in s.
 2094  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 2095  and Tobacco Trust Fund or a fee as may be set by rule.
 2096         566.20331 Renewal of adult use dispensing organization
 2097  licenses.—
 2098         (1) Adult use dispensing organization licenses shall expire
 2099  on March 31 of even-numbered years.
 2100         (2) Agent identification cards shall expire 1 year after
 2101  the date they are issued.
 2102         (3) Licensees and dispensing agents shall submit renewal
 2103  applications as provided by the department and pay the renewal
 2104  fees provided in s. 566.801(3)(b) and (4)(a)1., respectively.
 2105  The department shall require an agent, employee, contracting,
 2106  and subcontracting diversity report and an environmental impact
 2107  report with its renewal application. No license or agent
 2108  identification card shall be renewed if it is currently under
 2109  revocation or suspension for violation of this chapter or any
 2110  rules that may be adopted under this chapter or the licensee,
 2111  principal officer, board member, person having a financial or
 2112  voting interest of 5 percent or greater in the licensee, or
 2113  agent is delinquent in filing any required tax returns or paying
 2114  any amounts owed to the state.
 2115         (4) Renewal fees collected under subsection (3) are to be
 2116  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 2117  Trust Fund.
 2118         (5) If a dispensing organization fails to renew its license
 2119  before expiration, the dispensing organization shall cease
 2120  operations until the license is renewed.
 2121         (6) If a dispensing organization agent fails to renew his
 2122  or her registration before its expiration, he or she shall cease
 2123  to perform duties authorized by this chapter at a dispensing
 2124  organization until his or her registration is renewed.
 2125         (7) Any dispensing organization that continues to operate
 2126  after failing to renew its license or a dispensing agent who
 2127  continues to perform duties authorized by this chapter at a
 2128  dispensing organization that fails to renew its license is
 2129  subject to penalty as provided in this chapter, or any rules
 2130  that may be adopted pursuant to this chapter.
 2131         (8) The department may not renew a license if the applicant
 2132  is delinquent in filing any required tax returns or paying any
 2133  amounts owed to the state. The department may not renew a
 2134  dispensing agent identification card if the applicant is
 2135  delinquent in filing any required tax returns or paying any
 2136  amounts owed to the state.
 2137         566.20332 Disclosure of ownership and control.—
 2138         (1) Each dispensing organization applicant and licensee
 2139  shall file and maintain a table of organization, ownership, and
 2140  control with the department. The table of organization,
 2141  ownership, and control shall contain the information required by
 2142  this section in sufficient detail to identify all owners,
 2143  directors, and principal officers, and the title of each
 2144  principal officer or business entity that, through direct or
 2145  indirect means, manages, owns, or controls the applicant or
 2146  licensee.
 2147         (2) The table of organization, ownership, and control shall
 2148  identify the following information:
 2149         (a) The management structure, ownership, and control of the
 2150  applicant or licensee including the name of each principal
 2151  officer or business entity, the office or position held, and the
 2152  percentage ownership interest, if any.
 2153         (b) If the business entity has a parent company, the name
 2154  of each owner, board member, and officer of the parent company
 2155  and his or her percentage ownership interest in the parent
 2156  company and the dispensing organization.
 2157         (c) If the applicant or licensee is a business entity with
 2158  publicly traded stock, the identification of ownership shall be
 2159  provided as required in subsection (3).
 2160         (3) If a business entity identified in subsection (2) is a
 2161  publicly traded company, the following information shall be
 2162  provided in the table of organization, ownership, and control:
 2163         (a) The name and percentage of ownership interest of each
 2164  individual or business entity with ownership of more than 5
 2165  percent of the voting shares of the entity, to the extent that
 2166  such information is known or contained in 13D or 13G Securities
 2167  and Exchange Commission filings.
 2168         (b) To the extent known, the names and percentage of
 2169  interest of ownership of persons who are relatives of one
 2170  another and who together exercise control over or own more than
 2171  10 percent of the voting shares of the entity.
 2172         (4) A dispensing organization with a parent company or
 2173  companies or that is partially owned or controlled by another
 2174  entity must disclose to the department the relationship and all
 2175  owners, board members, officers, or individuals with control or
 2176  management of those entities. A dispensing organization may not
 2177  shield its ownership or control from the department.
 2178         (5) All principal officers must submit a complete online
 2179  application with the department within 14 days after the
 2180  dispensing organization is licensed by the department or within
 2181  14 days after the department submits notice of approval of a new
 2182  principal officer.
 2183         (6) A principal officer may not allow his or her
 2184  registration to expire.
 2185         (7) A dispensing organization separating with a principal
 2186  officer must do so under this chapter. The principal officer
 2187  must communicate the separation to the department within 5
 2188  business days.
 2189         (8) A principal officer not in compliance with the
 2190  requirements of this chapter shall be removed from his or her
 2191  position with the dispensing organization or shall otherwise
 2192  terminate his or her affiliation. Failure to do so may subject
 2193  the dispensing organization to discipline, suspension, or
 2194  revocation of its license by the department.
 2195         (9) It is the responsibility of the dispensing organization
 2196  and its principal officers to promptly notify the department of
 2197  any change of the principal place of business address, hours of
 2198  operation, or change in the dispensing organization’s ownership,
 2199  control, or primary or secondary contact information. Any
 2200  changes must be made to the department in writing.
 2201         566.20333 Financial responsibility.—Evidence of financial
 2202  responsibility is a requirement for the issuance, maintenance,
 2203  or reactivation of a license under this chapter. Evidence of
 2204  financial responsibility shall be used to guarantee that the
 2205  dispensing organization timely and successfully completes
 2206  dispensary construction, operates in a manner that provides an
 2207  uninterrupted supply of cannabis, faithfully pays registration
 2208  renewal fees, keeps accurate books and records, makes regularly
 2209  required reports, complies with state tax requirements, and
 2210  conducts the dispensing organization in conformity with this
 2211  chapter and rules adopted pursuant thereto. Evidence of
 2212  financial responsibility shall be provided by one of the
 2213  following:
 2214         (1) Establishing and maintaining an escrow or surety
 2215  account in a financial institution in the amount of $50,000,
 2216  with escrow terms, approved by the department, that shall be
 2217  payable to the department in the event of circumstances outlined
 2218  in this chapter and rules adopted pursuant thereto.
 2219         (a) A financial institution may not return money in an
 2220  escrow or surety account to the dispensing organization that
 2221  established the account or a representative of the organization
 2222  unless the organization or representative presents a statement
 2223  issued by the department indicating that the account may be
 2224  released.
 2225         (b) The escrow or surety account may not be canceled on
 2226  less than 30 days’ notice in writing to the department, unless
 2227  otherwise approved by the department. If an escrow or surety
 2228  account is canceled and the registrant fails to secure a new
 2229  account with the required amount on or before the effective date
 2230  of cancellation, the registrant’s registration may be revoked.
 2231  The total and aggregate liability of the surety on the bond is
 2232  limited to the amount specified in the escrow or surety account.
 2233         (2) Providing a surety bond in the amount of $50,000,
 2234  naming the dispensing organization as principal of the bond,
 2235  with terms, approved by the department, specifying that the bond
 2236  defaults to the department in the event of circumstances
 2237  outlined in this chapter and rules adopted pursuant thereto.
 2238  Bond terms must require that:
 2239         (a) The business name and registration number on the bond
 2240  must correspond exactly with the business name and registration
 2241  number in the department’s records.
 2242         (b) The bond must be written on a form approved by the
 2243  department.
 2244         (c) A copy of the bond must be received by the department
 2245  within 90 days after the effective date.
 2246         (d) The bond may not be canceled by a surety on less than
 2247  30 days’ notice in writing to the department. If a bond is
 2248  canceled and the registrant fails to file a new bond with the
 2249  department in the required amount on or before the effective
 2250  date of cancellation, the registrant’s registration may be
 2251  revoked. The total and aggregate liability of the surety on the
 2252  bond is limited to the amount specified in the bond.
 2253         566.20334 Changes to a dispensing organization.—
 2254         (1) A license shall be issued to the specific dispensing
 2255  organization identified on the application and for the specific
 2256  location proposed. The license is valid only as designated on
 2257  the license and for the location for which it is issued.
 2258         (2) A dispensing organization may add principal officers
 2259  only after being approved by the department.
 2260         (3) A dispensing organization shall provide written notice
 2261  of the removal of a principal officer within 5 business days
 2262  after removal. The notice shall include the written agreement of
 2263  the principal officer being removed, unless otherwise approved
 2264  by the department, and allocation of ownership shares after
 2265  removal in an updated ownership chart.
 2266         (4) A dispensing organization shall provide a written
 2267  request to the department for the addition of principal
 2268  officers. A dispensing organization shall submit proposed
 2269  principal officer applications on forms approved by the
 2270  department.
 2271         (5) All proposed new principal officers shall be subject to
 2272  the requirements of this chapter and any rules that may be
 2273  adopted pursuant to this chapter.
 2274         (6) The department may prohibit the addition of a principal
 2275  officer to a dispensing organization for failure to comply with
 2276  this chapter and any rules that may be adopted pursuant to this
 2277  chapter.
 2278         (7) A dispensing organization may not assign a license.
 2279         (8) A dispensing organization may not transfer a license
 2280  without prior department approval. Such approval may be withheld
 2281  if the person to whom the license is being transferred does not
 2282  commit to the same or a similar community engagement plan
 2283  provided as part of the dispensing organization’s application
 2284  under s. 566.202(4), and such transferee’s license shall be
 2285  conditional upon that commitment.
 2286         (9) With the addition or removal of principal officers, the
 2287  department shall review the ownership structure to determine
 2288  whether the change in ownership has had the effect of a transfer
 2289  of the license. The dispensing organization shall supply all
 2290  ownership documents requested by the department.
 2291         (10) A dispensing organization may apply to the department
 2292  to approve a sale of the dispensing organization. A request to
 2293  sell the dispensing organization must be on application forms
 2294  provided by the department. A request for an approval to sell a
 2295  dispensing organization must comply with the following:
 2296         (a) New application materials shall comply with this
 2297  chapter and any rules that may be adopted pursuant to this
 2298  chapter.
 2299         (b) Application materials shall include a change of
 2300  ownership fee as provided in s. 566.801 to be deposited into the
 2301  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 2302         (c) The application materials shall provide proof that the
 2303  transfer of ownership will not have the effect of granting any
 2304  of the owners or principal officers direct or indirect ownership
 2305  or control of more than 10 dispensing organization licenses.
 2306         (d) New principal officers shall each complete the proposed
 2307  new principal officer application.
 2308         (e) If the department approves the application materials
 2309  and proposed new principal officer applications, it will perform
 2310  an inspection before approving the sale and issuing the
 2311  dispensing organization license.
 2312         (f) If a new license is approved, the department will issue
 2313  a new license number and certificate to the new dispensing
 2314  organization.
 2315         (11) The dispensing organization shall provide the
 2316  department with the personal information for all new dispensing
 2317  organization agents as required in this chapter, and all new
 2318  dispensing organization agents shall be subject to the
 2319  requirements of this chapter. A dispensing organization agent
 2320  must obtain an agent identification card from the department
 2321  before beginning work at a dispensary.
 2322         (12) Before remodeling, expansion, reduction, or other
 2323  physical, noncosmetic alteration of a dispensary, the dispensing
 2324  organization must notify the department and confirm the
 2325  alterations are in compliance with this chapter and any rules
 2326  that may be adopted pursuant to this chapter.
 2327         566.204 Administration.—
 2328         (1) A dispensing organization shall establish, maintain,
 2329  and comply with written policies and procedures as submitted in
 2330  the business, financial, and operating plan as prescribed in
 2331  this chapter or by rules established by the department, and
 2332  approved by the department, for the security, storage,
 2333  inventory, and distribution of cannabis. These policies and
 2334  procedures shall include methods for identifying, recording, and
 2335  reporting diversion, theft, or loss and for correcting errors
 2336  and inaccuracies in inventories. At a minimum, dispensing
 2337  organizations shall ensure the written policies and procedures
 2338  provide for the following:
 2339         (a) Mandatory and voluntary recalls of cannabis products.
 2340  The policies shall be adequate to deal with recalls due to any
 2341  action initiated at the request of the department and any
 2342  voluntary action by the dispensing organization to remove
 2343  defective or potentially defective cannabis from the market or
 2344  any action undertaken to promote public health and safety,
 2345  including:
 2346         1. A mechanism reasonably calculated to contact purchasers
 2347  who have, or likely have, obtained the product from the
 2348  dispensary, including information on the policy for return of
 2349  the recalled product.
 2350         2. A mechanism to identify and contact the adult use
 2351  cultivation center, craft grower, or infuser that manufactured
 2352  the cannabis.
 2353         3. Policies for communicating with the department and the
 2354  Department of Health within 24 hours after discovering defective
 2355  or potentially defective cannabis.
 2356         4. Policies for destruction of any recalled cannabis
 2357  product.
 2358         (b) Responses to local, state, or national emergencies,
 2359  including natural disasters, that affect the security or
 2360  operation of a dispensary.
 2361         (c) Segregation and destruction of outdated, damaged,
 2362  deteriorated, misbranded, or adulterated cannabis. This
 2363  procedure shall provide for written documentation of the
 2364  cannabis disposition.
 2365         (d) Ensuring the oldest stock of a cannabis product is
 2366  distributed first. The procedure may permit deviation from this
 2367  requirement, if such deviation is temporary and appropriate.
 2368         (e) Training of dispensing organization agents on the
 2369  requirements of this chapter and rules adopted pursuant thereto,
 2370  including training on how to effectively operate the point-of
 2371  sale system and the state’s verification system, proper
 2372  inventory handling and tracking, specific uses of cannabis or
 2373  cannabis-infused products, regulatory inspection preparedness
 2374  and law enforcement interactions, the legal requirements for
 2375  maintaining status as an agent, and other topics as specified by
 2376  the dispensing organization or the department. The dispensing
 2377  organization shall maintain evidence of all training provided to
 2378  each agent in its files which is subject to inspection and audit
 2379  by the department. The dispensing organization shall ensure
 2380  agents receive a minimum of 8 hours of training annually,
 2381  subject to the requirements in s. 566.2033(9), unless otherwise
 2382  approved by the department.
 2383         (f) Maintenance of business records consistent with
 2384  industry standards, including bylaws, consents, manual or
 2385  computerized records of assets and liabilities, audits, monetary
 2386  transactions, journals, ledgers, and supporting documents,
 2387  including agreements, checks, invoices, receipts, and vouchers.
 2388  Records shall be maintained in a manner consistent with this
 2389  chapter and shall be retained for a minimum of 5 years.
 2390         (g) Inventory control, including:
 2391         1. Tracking purchases and denials of sale.
 2392         2. Disposal of unusable or damaged cannabis as required by
 2393  this chapter and rules.
 2394         (h) Purchaser education and support, including:
 2395         1. Whether possession of cannabis is illegal under federal
 2396  law.
 2397         2. Current educational information issued by the Department
 2398  of Public Health about the health risks associated with the use
 2399  or abuse of cannabis.
 2400         3. Information about possible side effects.
 2401         4. Prohibition on smoking cannabis in public places.
 2402         5. Offering any other appropriate purchaser education or
 2403  support materials.
 2404         (2) A dispensing organization shall maintain copies of the
 2405  policies and procedures on the dispensary premises and provide
 2406  copies to the department upon request. The dispensing
 2407  organization shall review the dispensing organization policies
 2408  and procedures at least once every 12 months from the issue date
 2409  of the license and update as needed due to changes in industry
 2410  standards or as requested by the department.
 2411         (3) A dispensing organization shall ensure that each
 2412  principal officer and each dispensing organization agent has a
 2413  current agent identification card in the agent’s immediate
 2414  possession when the agent is at the dispensary.
 2415         (4) A dispensing organization shall provide prompt written
 2416  notice to the department, including the date of the event, when
 2417  a dispensing organization agent no longer is employed by the
 2418  dispensing organization.
 2419         (5) A dispensing organization shall promptly document and
 2420  report any loss or theft of cannabis from the dispensary to the
 2421  Department of Law Enforcement and the department. It is the duty
 2422  of any dispensing organization agent who becomes aware of the
 2423  loss or theft to report it as provided in this chapter.
 2424         (6) A dispensing organization shall post the following
 2425  information in a conspicuous location in an area of the
 2426  dispensary accessible to consumers:
 2427         (a) The dispensing organization’s license.
 2428         (b) The hours of operation.
 2429         (7)(a) All dispensing organizations must display a placard
 2430  that states the following: “Cannabis can impair cognition and
 2431  driving, is for adult use only, may be habit-forming, and should
 2432  not be used by pregnant or breastfeeding women.”
 2433         (b) Any dispensing organization that sells edible cannabis
 2434  infused products must display a placard that states the
 2435  following:
 2436         1. “Edible cannabis-infused products were produced in a
 2437  kitchen that may also process common food allergens”; and
 2438         2. “The effects of cannabis products can vary from person
 2439  to person, and it can take as long as 2 hours to feel the
 2440  effects of some cannabis-infused products. Carefully review the
 2441  portion size information and warnings contained on the product
 2442  packaging before consuming.”
 2443         (c) All of the required signage in this subsection shall be
 2444  no smaller than 24 inches tall by 36 inches wide, with typed
 2445  letters no smaller than 2 inches. The signage shall be clearly
 2446  visible and readable by customers. The signage shall be placed
 2447  in the area where cannabis and cannabis-infused products are
 2448  sold and may be translated into additional languages as needed.
 2449  The department may require a dispensary to display the required
 2450  signage in a different language, other than English, if the
 2451  department deems it necessary.
 2452         (8) A dispensing organization shall prominently post
 2453  notices inside the dispensing organization which state
 2454  activities that are strictly prohibited and punishable by law,
 2455  including, but not limited to:
 2456         (a) Minors are not allowed on the premises unless the minor
 2457  is a qualified patient.
 2458         (b) Distribution to persons under the age of 21 is
 2459  prohibited.
 2460         (c) Transportation of cannabis or cannabis products across
 2461  state lines is prohibited.
 2462         566.2042 Operational requirements; prohibitions.—
 2463         (1) A dispensing organization shall operate in accordance
 2464  with the representations made in its application and license
 2465  materials. It shall be in compliance with this chapter and
 2466  rules.
 2467         (2) A dispensing organization must include the legal name
 2468  of the dispensary on the packaging of any cannabis product it
 2469  sells.
 2470         (3) All cannabis, cannabis-infused products, and cannabis
 2471  seeds must be obtained from a registered adult use cultivation
 2472  center in this state, craft grower, infuser, or another
 2473  dispensary.
 2474         (4) Dispensing organizations are prohibited from selling
 2475  any product containing alcohol except tinctures, which must be
 2476  limited to containers that are no larger than 100 milliliters.
 2477         (5) A dispensing organization shall inspect and count
 2478  product received by the adult use cultivation center before
 2479  dispensing it.
 2480         (6) A dispensing organization may accept cannabis
 2481  deliveries only into a restricted access area. Deliveries may
 2482  not be accepted through public or limited access areas unless
 2483  otherwise approved by the department.
 2484         (7) A dispensing organization shall maintain compliance
 2485  with state and local building, fire, and zoning requirements or
 2486  regulations.
 2487         (8) A dispensing organization shall submit a list to the
 2488  department of the names of all service professionals who will
 2489  work at the dispensary. The list shall include a description of
 2490  the type of business or service provided. Changes to the service
 2491  professional list shall be promptly provided. No service
 2492  professional shall work in the dispensary until the name is
 2493  provided to the department on the service professional list.
 2494         (9) A dispensing organization’s license allows for a
 2495  dispensary to be operated only at a single location.
 2496         (10) A dispensary may operate between 6 a.m. and 10 p.m.
 2497  local time.
 2498         (11) A dispensing organization must keep all lighting
 2499  outside and inside the dispensary in good working order and with
 2500  wattage sufficient for security cameras.
 2501         (12) A dispensing organization shall ensure that any
 2502  building or equipment used by a dispensing organization for the
 2503  storage or sale of cannabis is maintained in a clean and
 2504  sanitary condition.
 2505         (13) The dispensary shall be free from infestation by
 2506  insects, rodents, or pests.
 2507         (14) A dispensing organization may not:
 2508         (a) Produce or manufacture cannabis.
 2509         (b) Accept a cannabis product from an adult use cultivation
 2510  center, craft grower, infuser, dispensing organization, or
 2511  transporting organization unless it is pre-packaged and labeled
 2512  in accordance with this chapter and any rules that may be
 2513  adopted pursuant to this chapter.
 2514         (c) Obtain cannabis or cannabis-infused products from
 2515  outside this state.
 2516         (d) Sell cannabis or cannabis-infused products to a
 2517  purchaser unless the dispensing organization is a medical
 2518  marijuana treatment center and the individual is a registered
 2519  qualified patient or caregiver under s. 381.986 or the purchaser
 2520  has been verified to be over the age of 21.
 2521         (e) Enter into an exclusive agreement with any adult use
 2522  cultivation center, craft grower, processor, or infuser.
 2523  Dispensaries shall provide consumers an assortment of products
 2524  from various cannabis business establishment licensees such that
 2525  the inventory available for sale at any dispensary from any
 2526  single cultivation center, craft grower, processor, or infuser
 2527  entity may not be more than 40 percent of the total inventory
 2528  available for sale. For the purpose of this subsection, a
 2529  cultivation center, craft grower, processor, or infuser shall be
 2530  considered part of the same entity if the licensees share at
 2531  least one principal officer. The department may request that a
 2532  dispensary diversify its products as needed or otherwise
 2533  discipline a dispensing organization for violating this
 2534  requirement.
 2535         (f) Refuse to conduct business with an adult use
 2536  cultivation center, craft grower, transporting organization, or
 2537  infuser that has the ability to properly deliver the product and
 2538  is permitted by the Department of Agriculture, on the same terms
 2539  as other adult use cultivation centers, craft growers, infusers,
 2540  or transporters with whom it is dealing.
 2541         (g) Operate drive-through windows.
 2542         (h) Allow for the dispensing of cannabis or cannabis
 2543  infused products in vending machines.
 2544         (i) Transport cannabis to residences or other locations
 2545  where purchasers may be for delivery.
 2546         (j) Enter into agreements to allow persons who are not
 2547  dispensing organization agents to deliver cannabis or to
 2548  transport cannabis to purchasers.
 2549         (k) Operate a dispensary if its video surveillance
 2550  equipment is inoperative.
 2551         (l) Operate a dispensary if the point-of-sale equipment is
 2552  inoperative.
 2553         (m) Operate a dispensary if the state’s cannabis electronic
 2554  verification system is inoperative.
 2555         (n) Have fewer than two people working at the dispensary at
 2556  any time while the dispensary is open.
 2557         (o) Be located within 1,500 feet of the property line of a
 2558  preexisting dispensing organization.
 2559         (p) Sell clones or any other live plant material.
 2560         (q) Sell cannabis, cannabis concentrate, or cannabis
 2561  infused products in combination or bundled with each other or
 2562  any other items for one price, and each item of cannabis,
 2563  concentrate, or cannabis-infused product must be separately
 2564  identified by quantity and price on the receipt.
 2565         (r) Violate any other requirements or prohibitions set by
 2566  department rules.
 2567         (15) It is unlawful for any person having an early approval
 2568  adult use dispensing organization license, a conditional adult
 2569  use dispensing organization, an adult use dispensing
 2570  organization license, or a medical marijuana treatment center
 2571  license or any officer, associate, member, representative, or
 2572  agent of such licensee to accept, receive, or borrow money or
 2573  anything else of value or accept or receive credit, other than
 2574  merchandising credit in the ordinary course of business for a
 2575  period not to exceed 30 days, directly or indirectly, from any
 2576  adult use cultivation center, craft grower, infuser, or
 2577  transporting organization. This includes anything received or
 2578  borrowed or from any stockholders, officers, agents, or persons
 2579  connected with an adult use cultivation center, craft grower,
 2580  infuser, or transporting organization. This also excludes
 2581  anything received or borrowed in exchange for preferential
 2582  placement by the dispensing organization, including preferential
 2583  placement on the dispensing organization’s shelves, display
 2584  cases, or website.
 2585         (16) It is unlawful for any person having an early approval
 2586  adult use dispensing organization license, a conditional adult
 2587  use dispensing organization, an adult use dispensing
 2588  organization license, or a medical marijuana treatment center
 2589  license to enter into any contract with any person licensed to
 2590  cultivate, process, or transport cannabis whereby such
 2591  dispensing organization agrees not to sell any cannabis
 2592  cultivated, processed, transported, manufactured, or distributed
 2593  by any other cultivator, transporter, or infuser, and any
 2594  provision in any contract in violation of this section shall
 2595  render the whole of such contract void and no action shall be
 2596  brought thereon in any court.
 2597         566.2043 Inventory control system.—
 2598         (1) A dispensing organization agent-in-charge shall have
 2599  primary oversight of the dispensing organization’s cannabis
 2600  inventory verification system and its point-of-sale system. The
 2601  inventory point-of-sale system shall be real-time, web-based,
 2602  and accessible by the department at any time. The point-of-sale
 2603  system shall track, at a minimum, the date of sale, amount,
 2604  price, and currency.
 2605         (2) A dispensing organization shall establish an account
 2606  with the state’s verification system that documents:
 2607         (a) Each sales transaction at the time of sale and each
 2608  day’s beginning inventory, acquisitions, sales, disposal, and
 2609  ending inventory.
 2610         (b) Acquisition of cannabis and cannabis-infused products
 2611  from a licensed adult use cultivation center, craft grower,
 2612  infuser, or transporter, including:
 2613         1. A description of the products, including the quantity,
 2614  strain, variety, and batch number of each product received.
 2615         2. The name and registry identification number of the
 2616  licensed adult use cultivation center, craft grower,
 2617  transporter, or infuser providing the cannabis and cannabis
 2618  infused products.
 2619         3. The name and registry identification number of the
 2620  licensed adult use cultivation center, craft grower, infuser, or
 2621  transportation agent delivering the cannabis.
 2622         4. The name and registry identification number of the
 2623  dispensing organization agent receiving the cannabis.
 2624         5. The date of acquisition.
 2625         (c) The disposal of cannabis, including:
 2626         1. A description of the products, including the quantity,
 2627  strain, variety, batch number, and reason for the cannabis being
 2628  disposed.
 2629         2. The method of disposal.
 2630         3. The date and time of disposal.
 2631         (3) Upon cannabis delivery, a dispensing organization shall
 2632  confirm that the product’s name, strain name, weight, and
 2633  identification number on the manifest matches the information on
 2634  the cannabis product label and package. The product name listed
 2635  and the weight listed in the state’s verification system must
 2636  match the product packaging.
 2637         (a) The agent-in-charge shall conduct daily inventory
 2638  reconciliation documenting and balancing cannabis inventory by
 2639  confirming the state’s verification system matches the
 2640  dispensing organization’s point-of-sale system and the amount of
 2641  physical product at the dispensary.
 2642         (b) A dispensing organization must receive department
 2643  approval before completing an inventory adjustment. It shall
 2644  provide a detailed reason for the adjustment. Inventory
 2645  adjustment documentation shall be kept at the dispensary for 2
 2646  years after the date performed.
 2647         (c) If the dispensing organization identifies an imbalance
 2648  in the amount of cannabis after the daily inventory
 2649  reconciliation due to mistake, the dispensing organization shall
 2650  determine how the imbalance occurred and immediately upon
 2651  discovery take and document corrective action. If the dispensing
 2652  organization cannot identify the reason for the mistake within 2
 2653  calendar days after first discovery, it shall inform the
 2654  department immediately in writing of the imbalance and the
 2655  corrective action taken to date. The dispensing organization
 2656  shall work diligently to determine the reason for the mistake.
 2657         (d) If the dispensing organization identifies an imbalance
 2658  in the amount of cannabis after the daily inventory
 2659  reconciliation or through other means due to theft, criminal
 2660  activity, or suspected criminal activity, the dispensing
 2661  organization shall immediately determine how the reduction
 2662  occurred and take and document corrective action. Within 24
 2663  hours after the first discovery of the reduction due to theft,
 2664  criminal activity, or suspected criminal activity, the
 2665  dispensing organization shall inform the department and the
 2666  Department of Law Enforcement in writing.
 2667         (e) The dispensing organization shall file an annual
 2668  compilation report with the department, including a financial
 2669  statement that shall include, but not be limited to, an income
 2670  statement, balance sheet, profit and loss statement, statement
 2671  of cash flow, wholesale cost and sales, and any other
 2672  documentation requested by the department in writing. The
 2673  financial statement shall include any other information the
 2674  department deems necessary in order to effectively administer
 2675  this chapter and all rules, orders, and final decisions
 2676  promulgated under this chapter. Statements required by this
 2677  section shall be filed with the department within 60 days after
 2678  the end of the calendar year. The compilation report shall
 2679  include a letter authored by a licensed certified public
 2680  accountant that it has been reviewed and is accurate based on
 2681  the information provided. The dispensing organization, financial
 2682  statement, and accompanying documents are not required to be
 2683  audited unless specifically requested by the department.
 2684         (4) A dispensing organization shall:
 2685         (a) Maintain the documentation required in this section in
 2686  a secure locked location at the dispensing organization for 5
 2687  years after the date on the document.
 2688         (b) Provide any documentation required to be maintained in
 2689  this section to the department for review upon request.
 2690         (c) If maintaining a bank account, retain for a period of 5
 2691  years a record of each deposit or withdrawal from the account.
 2692         (5) If a dispensing organization chooses to have a return
 2693  policy for cannabis and cannabis products, the dispensing
 2694  organization shall seek prior approval from the department.
 2695         566.2044 Storage requirements.—
 2696         (1) Authorized on-premises storage. A dispensing
 2697  organization must store inventory on its premises. All inventory
 2698  stored on the premises must be secured in a restricted access
 2699  area and tracked consistently with the inventory tracking rules.
 2700         (2) A dispensary shall be of suitable size and construction
 2701  to facilitate cleaning, maintenance, and proper operations.
 2702         (3) A dispensary shall maintain adequate lighting,
 2703  ventilation, temperature, humidity control, and equipment.
 2704         (4) Containers storing cannabis which have been tampered
 2705  with, damaged, or opened must be labeled with the date opened
 2706  and quarantined from other cannabis products in the vault until
 2707  they are disposed of.
 2708         (5) Cannabis that was tampered with, expired, or damaged
 2709  may not be stored at the premises for more than 7 calendar days.
 2710         (6) Cannabis samples shall be stored in a sealed container
 2711  and maintained in the restricted access area.
 2712         (7) The dispensary storage areas shall be maintained in
 2713  accordance with the security requirements in this chapter and
 2714  rules.
 2715         (8) Cannabis must be stored at appropriate temperatures and
 2716  under appropriate conditions to help ensure that its packaging,
 2717  strength, quality, and purity are not adversely affected.
 2718         566.2046 Dispensing cannabis.—
 2719         (1) Before a dispensing organization agent dispenses
 2720  cannabis to a purchaser, the agent shall:
 2721         (a) Verify the age of the purchaser by checking a
 2722  government-issued identification card by use of an electronic
 2723  reader or electronic scanning device to scan a purchaser’s
 2724  government-issued identification, if applicable, to determine
 2725  the purchaser’s age and the validity of the identification.
 2726         (b) Verify the validity of the government-issued
 2727  identification card.
 2728         (c) Offer any appropriate purchaser education or support
 2729  materials.
 2730         (d) Enter the following information into the state’s
 2731  cannabis electronic verification system:
 2732         1. The dispensing organization agent’s identification
 2733  number.
 2734         2. The dispensing organization’s identification number.
 2735         3. The amount and type, including strain, if applicable, of
 2736  cannabis or cannabis-infused product dispensed.
 2737         4. The date and time the cannabis was dispensed.
 2738         (2) A dispensing organization shall refuse to sell cannabis
 2739  or cannabis-infused products to any person unless the person
 2740  produces a valid identification showing that the person is 21
 2741  years of age or older. A dispensing organization may sell
 2742  cannabis or cannabis-infused products to a person who is under
 2743  21 years of age if the sale complies with the provisions of the
 2744  s. 381.986 and rules adopted pursuant thereto.
 2745         (3) For the purposes of this section, valid identification
 2746  must:
 2747         (a) Be valid and unexpired.
 2748         (b) Contain a photograph and the date of birth of the
 2749  person.
 2750         566.2047 Destruction and disposal of cannabis.—
 2751         (1) Cannabis and cannabis-infused products must be
 2752  destroyed by rendering them unusable using methods approved by
 2753  the department which comply with this chapter and rules.
 2754         (2) Cannabis waste rendered unusable must be promptly
 2755  disposed of according to this chapter and rules. Disposal of the
 2756  cannabis waste rendered unusable may be delivered to a permitted
 2757  solid waste facility for final disposition. Acceptable permitted
 2758  solid waste facilities include, but are not limited to:
 2759         (a) For compostable mixed waste, a compost, an anaerobic
 2760  digester, or another facility approved by the jurisdictional
 2761  health department.
 2762         (b) For noncompostable mixed waste, a landfill, an
 2763  incinerator, or another facility approved by the jurisdictional
 2764  health department.
 2765         (3) All waste and unusable product shall be weighed,
 2766  recorded, and entered into the inventory system before rendering
 2767  it unusable. All waste and unusable cannabis concentrates and
 2768  cannabis-infused products shall be recorded and entered into the
 2769  inventory system before rendering it unusable. Verification of
 2770  this event shall be performed by an agent-in-charge and
 2771  conducted in an area with video surveillance.
 2772         (4) Electronic documentation of destruction and disposal
 2773  shall be maintained for a period of at least 5 years.
 2774         566.2048 Agent-in-charge.—
 2775         (1) Every dispensing organization shall designate, at a
 2776  minimum, one agent-in-charge for each licensed dispensary. The
 2777  designated agent-in-charge must hold a dispensing organization
 2778  agent identification card. Maintaining an agent-in-charge is a
 2779  continuing requirement for the license, except as provided in
 2780  subsection (6).
 2781         (2) The agent-in-charge shall be a principal officer or a
 2782  full-time agent of the dispensing organization and shall manage
 2783  the dispensary. Managing the dispensary includes, but is not
 2784  limited to, responsibility for opening and closing the
 2785  dispensary, delivery acceptance, oversight of sales and
 2786  dispensing organization agents, recordkeeping, inventory,
 2787  dispensing organization agent training, and compliance with this
 2788  chapter and rules. Participation in affairs also includes the
 2789  responsibility for maintaining all files subject to audit or
 2790  inspection by the department at the dispensary.
 2791         (3) The agent-in-charge is responsible for promptly
 2792  notifying the department of any change of information required
 2793  to be reported to the department.
 2794         (4) In determining whether an agent-in-charge manages the
 2795  dispensary, the department may consider the responsibilities
 2796  identified in this section, the number of dispensing
 2797  organization agents under the supervision of the agent-in
 2798  charge, and the employment relationship between the agent-in
 2799  charge and the dispensing organization, including the existence
 2800  of a contract for employment and any other relevant fact or
 2801  circumstance.
 2802         (5) The agent-in-charge is responsible for notifying the
 2803  department of a change in the employment status of all
 2804  dispensing organization agents within 5 business days after the
 2805  change, including notice to the department if the termination of
 2806  an agent was for diversion of product or theft of currency.
 2807         (6) In the event of the separation of an agent-in-charge
 2808  due to death, incapacity, termination, or any other reason and
 2809  if the dispensary does not have an active agent-in-charge, the
 2810  dispensing organization shall immediately contact the department
 2811  and request a temporary certificate of authority allowing the
 2812  continuing operation. The request shall include the name of an
 2813  interim agent-in-charge until a replacement is identified, or
 2814  shall include the name of the replacement. The department shall
 2815  issue the temporary certificate of authority promptly after it
 2816  approves the request. If a dispensing organization fails to
 2817  promptly request a temporary certificate of authority after the
 2818  separation of the agent-in-charge, its registration shall cease
 2819  until the department approves the temporary certificate of
 2820  authority or registers a new agent-in-charge. No temporary
 2821  certificate of authority shall be valid for more than 90 days.
 2822  The succeeding agent-in-charge shall register with the
 2823  department in compliance with this chapter. Once the permanent
 2824  succeeding agent-in-charge is registered with the department,
 2825  the temporary certificate of authority is void. No temporary
 2826  certificate of authority shall be issued for the separation of
 2827  an agent-in-charge due to disciplinary action by the department
 2828  related to his or her conduct on behalf of the dispensing
 2829  organization.
 2830         (7) The dispensing organization agent-in-charge
 2831  registration shall expire one year after the date it is issued.
 2832  The agent-in-charge’s registration shall be renewed annually.
 2833  The department shall review the dispensing organization’s
 2834  compliance history when determining whether to grant the request
 2835  to renew.
 2836         (8) Upon termination of an agent-in-charge’s employment,
 2837  the dispensing organization shall immediately reclaim the
 2838  dispensing agent identification card. The dispensing
 2839  organization shall promptly return the identification card to
 2840  the department.
 2841         (9) The department may deny an application or renewal or
 2842  discipline or revoke an agent-in-charge identification card for
 2843  any of the following reasons:
 2844         (a) Submission of misleading, incorrect, false, or
 2845  fraudulent information in the application or renewal
 2846  application;
 2847         (b) Violation of the requirements of this chapter or rules
 2848  adopted pursuant thereto;
 2849         (c) Fraudulent use of the agent-in-charge identification
 2850  card;
 2851         (d) Selling, distributing, transferring in any manner, or
 2852  giving cannabis to any unauthorized person;
 2853         (e) Theft of cannabis, currency, or any other items from a
 2854  dispensary;
 2855         (f) Tampering with, falsifying, altering, modifying, or
 2856  duplicating an agent-in-charge identification card;
 2857         (g) Tampering with, falsifying, altering, or modifying the
 2858  surveillance video footage, the point-of-sale system, or the
 2859  state’s verification system;
 2860         (h) Failure to notify the department immediately upon
 2861  discovery that the agent-in-charge identification card has been
 2862  lost, stolen, or destroyed;
 2863         (i) Failure to notify the department within 5 business days
 2864  after a change in the information provided in the application
 2865  for an agent-in-charge identification card;
 2866         (j) Conviction of a felony offense in accordance with or
 2867  any incident listed in this chapter or rules following the
 2868  issuance of an agent-in-charge identification card;
 2869         (k) Dispensing to purchasers in amounts above the limits
 2870  provided in this chapter; or
 2871         (l) Delinquency in filing any required tax returns or
 2872  paying any amounts owed to the state.
 2873         566.20485 Security.—
 2874         (1) A dispensing organization shall implement security
 2875  measures to deter and prevent entry into the facility and theft
 2876  of cannabis or currency.
 2877         (2) A dispensing organization shall submit any changes to
 2878  the floor plan or security plan to the department for
 2879  preapproval. All cannabis shall be maintained and stored in a
 2880  restricted access area during construction.
 2881         (3) The dispensing organization shall implement security
 2882  measures to protect the premises, purchasers, and dispensing
 2883  organization agents, including, but not limited to, measures
 2884  that:
 2885         (a) Establish a locked door or barrier between the
 2886  facility’s entrance and the limited access area.
 2887         (b) Prevent individuals from remaining on the premises if
 2888  they are not engaging in activity authorized by this chapter or
 2889  rules adopted pursuant thereto.
 2890         (c) Develop a policy that addresses the maximum capacity
 2891  and purchaser flow in the waiting rooms and limited access
 2892  areas.
 2893         (d) Dispose of cannabis in accordance with this chapter and
 2894  rules adopted pursuant thereto.
 2895         (e) During the hours of operation, store and dispense all
 2896  cannabis from the restricted access area. During operational
 2897  hours, cannabis shall be stored in an enclosed locked room or
 2898  cabinet and accessible only to specifically authorized
 2899  dispensing organization agents.
 2900         (f) When the dispensary is closed, store all cannabis and
 2901  currency in a reinforced vault room in the restricted access
 2902  area and in a manner as to prevent diversion, theft, or loss.
 2903         (g) Keep the reinforced vault room and any other equipment
 2904  or cannabis storage areas securely locked and protected from
 2905  unauthorized entry.
 2906         (h) Keep an electronic daily log of dispensing organization
 2907  agents with access to the reinforced vault room and knowledge of
 2908  the access code or combination.
 2909         (i) Keep all locks and security equipment in good working
 2910  order.
 2911         (j) Maintain an operational security and alarm system at
 2912  all times.
 2913         (k) Prohibit keys, if applicable, from being left in the
 2914  locks, or stored or placed in a location accessible to persons
 2915  other than specifically authorized personnel.
 2916         (l) Prohibit accessibility of security measures, including
 2917  combination numbers, passwords, or electronic or biometric
 2918  security systems, to persons other than specifically authorized
 2919  dispensing organization agents.
 2920         (m) Ensure that the dispensary interior and exterior
 2921  premises are sufficiently lit to facilitate surveillance.
 2922         (n) Ensure that trees, bushes, and other foliage outside of
 2923  the dispensary premises do not allow for a person or persons to
 2924  conceal themselves from sight.
 2925         (o) Develop emergency policies and procedures for securing
 2926  all product and currency following any instance of diversion,
 2927  theft, or loss of cannabis, and conduct an assessment to
 2928  determine whether additional safeguards are necessary.
 2929         (p) Develop sufficient additional safeguards in response to
 2930  any special security concerns, or as required by the department.
 2931         (4) The department may request or approve alternative
 2932  security provisions that it determines are an adequate
 2933  substitute for a security requirement specified in this chapter.
 2934  Any additional protections may be considered by the department
 2935  in evaluating overall security measures.
 2936         (5) A dispensing organization may share premises with a
 2937  craft grower or an infuser organization, or both, provided each
 2938  licensee stores currency and cannabis or cannabis-infused
 2939  products in a separate secured vault to which the other licensee
 2940  does not have access or all licensees sharing a vault share more
 2941  than 50 percent of the same ownership.
 2942         (6) A dispensing organization shall provide additional
 2943  security as needed and in a manner appropriate for the community
 2944  where it operates.
 2945         (7) All restricted access areas must:
 2946         (a) Be identified by the posting of a sign that is a
 2947  minimum of 12 inches by 12 inches and that states “Do Not Enter
 2948  - Restricted Access Area - Authorized Personnel Only” in
 2949  lettering no smaller than one inch in height.
 2950         (b) Be clearly described in the floor plan of the premises,
 2951  in the form and manner determined by the department, reflecting
 2952  walls, partitions, counters, and all areas of entry and exit.
 2953  The floor plan must show all storage, disposal, and retail sales
 2954  areas.
 2955         (c) Be secure, with locking devices that prevent access
 2956  from the limited access areas.
 2957         (8)(a) A dispensing organization must have an adequate
 2958  security plan and security system to prevent and detect
 2959  diversion, theft, or loss of cannabis, currency, or unauthorized
 2960  intrusion using commercial grade equipment installed by a
 2961  licensed private alarm contractor or private alarm contractor
 2962  agency which shall, at a minimum, include:
 2963         1. A perimeter alarm on all entry points and glass break
 2964  protection on perimeter windows.
 2965         2. Security shatterproof tinted film on exterior windows.
 2966         3. A failure notification system that provides an audible,
 2967  text, or visual notification of any failure in the surveillance
 2968  system, including, but not limited to, panic buttons, alarms,
 2969  and video monitoring systems. The failure notification system
 2970  shall provide an alert to designated dispensing organization
 2971  agents within 5 minutes after the failure, either by telephone
 2972  or text message.
 2973         4. A duress alarm, panic button, and alarm, or holdup alarm
 2974  and after-hours intrusion detection alarm that by design and
 2975  purpose will directly or indirectly notify, by the most
 2976  efficient means, the public safety answering point for the law
 2977  enforcement agency having primary jurisdiction.
 2978         5. Security equipment to deter and prevent unauthorized
 2979  entrance into the dispensary, including electronic door locks on
 2980  the limited and restricted access areas which include devices or
 2981  a series of devices to detect unauthorized intrusion which may
 2982  include a signal system interconnected with a radio frequency
 2983  method, cellular, private radio signals or other mechanical or
 2984  electronic device.
 2985         (b) All security system equipment and recordings shall be
 2986  maintained in good working order, in a secure location so as to
 2987  prevent theft, loss, destruction, or alterations.
 2988         (c) Access to surveillance monitoring recording equipment
 2989  shall be limited to persons who are essential to surveillance
 2990  operations, law enforcement authorities acting within their
 2991  jurisdiction, security system service personnel, and the
 2992  department. A current list of authorized dispensing organization
 2993  agents and service personnel that have access to the
 2994  surveillance equipment must be available to the department upon
 2995  request.
 2996         (d) All security equipment shall be inspected and tested at
 2997  regular intervals, not to exceed 1 month from the previous
 2998  inspection, and tested to ensure the systems remain functional.
 2999         (e) The security system shall provide protection against
 3000  theft and diversion that is facilitated or hidden by tampering
 3001  with computers or electronic records.
 3002         (f) The dispensary shall ensure all access doors are not
 3003  solely controlled by an electronic access panel to ensure that
 3004  locks are not released during a power outage.
 3005         (9) To monitor the dispensary, the dispensing organization
 3006  shall incorporate continuous electronic video monitoring
 3007  including the following:
 3008         (a) All monitors must be 19 inches or greater.
 3009         (b) Unobstructed video surveillance of all enclosed
 3010  dispensary areas, unless prohibited by law, including all points
 3011  of entry and exit that shall be appropriate for the normal
 3012  lighting conditions of the area under surveillance. The cameras
 3013  shall be directed so all areas are captured, including, but not
 3014  limited to, safes, vaults, sales areas, and areas where cannabis
 3015  is stored, handled, dispensed, or destroyed. Cameras shall be
 3016  angled to allow for facial recognition and the capture of clear
 3017  and certain identification of any person entering or exiting the
 3018  dispensary area and in lighting sufficient during all times of
 3019  night or day.
 3020         (c) Unobstructed video surveillance of outside areas, the
 3021  storefront, and the parking lot, which shall be appropriate for
 3022  the normal lighting conditions of the area under surveillance.
 3023  Cameras shall be angled so as to allow for the capture of facial
 3024  recognition, clear and certain identification of any person
 3025  entering or exiting the dispensary and the immediate surrounding
 3026  area, and license plates of vehicles in the parking lot.
 3027         (d) Twenty-four hour recordings from all video cameras
 3028  available for immediate viewing by the department upon request.
 3029  Recordings may not be destroyed or altered and shall be retained
 3030  for at least 90 days. Recordings shall be retained as long as
 3031  necessary if the dispensing organization is aware of the loss or
 3032  theft of cannabis or a pending criminal, civil, or
 3033  administrative investigation or legal proceeding for which the
 3034  recording may contain relevant information.
 3035         (e) The ability to immediately produce a clear, color still
 3036  photo from the surveillance video, either live or recorded.
 3037         (f) A date and time stamp embedded on all video
 3038  surveillance recordings. The date and time shall be synchronized
 3039  and set correctly and may not significantly obscure the picture.
 3040         (g) The ability to remain operational during a power outage
 3041  and ensure all access doors are not solely controlled by an
 3042  electronic access panel to ensure that locks are not released
 3043  during a power outage.
 3044         (h) All video surveillance equipment shall allow for the
 3045  exporting of still images in an industry standard image format,
 3046  including .jpg, .bmp, and .gif. Exported video shall have the
 3047  ability to be archived in a proprietary format that ensures
 3048  authentication of the video and guarantees that no alteration of
 3049  the recorded image has taken place. Exported video shall also
 3050  have the ability to be saved in an industry standard file format
 3051  that can be played on a standard computer operating system. All
 3052  recordings shall be erased or destroyed before disposal.
 3053         (i) The video surveillance system shall be operational
 3054  during a power outage with a 4-hour minimum battery backup.
 3055         (j) A video camera or cameras recording at each point-of
 3056  sale location allowing for the identification of the dispensing
 3057  organization agent distributing the cannabis and any purchaser.
 3058  The camera or cameras shall capture the sale, the individuals
 3059  and the computer monitors used for the sale.
 3060         (k) A failure notification system that provides an audible
 3061  and visual notification of any failure in the electronic video
 3062  monitoring system.
 3063         (l) All electronic video surveillance monitoring must
 3064  record at least the equivalent of 8 frames per second and be
 3065  available as recordings to the department and the Department of
 3066  Law Enforcement 24 hours a day via a secure web-based portal
 3067  with reverse functionality.
 3068         (10) The requirements contained in this chapter are minimum
 3069  requirements for operating a dispensing organization. The
 3070  department may establish additional requirements by rule.
 3071         566.2049 Recordkeeping.—
 3072         (1) Dispensing organization records must be maintained
 3073  electronically for 3 years and be available for inspection by
 3074  the department upon request. Required written records include,
 3075  but are not limited to, the following:
 3076         (a) Operating procedures.
 3077         (b) Inventory records, policies, and procedures.
 3078         (c) Security records.
 3079         (d) Audit records.
 3080         (e) Staff training plans and completion documentation.
 3081         (f) Staffing plan.
 3082         (g) Business records, including, but not limited to:
 3083         1. Assets and liabilities.
 3084         2. Monetary transactions.
 3085         3. Written or electronic accounts, including bank
 3086  statements, journals, ledgers, and supporting documents,
 3087  agreements, checks, invoices, receipts, and vouchers.
 3088         4. Any other financial accounts reasonably related to the
 3089  dispensary operations.
 3090         (2) Storage and transfer of records. If a dispensary closes
 3091  due to insolvency, revocation, bankruptcy, or for any other
 3092  reason, all records must be preserved at the expense of the
 3093  dispensing organization for at least 3 years in a form and
 3094  location in this state acceptable to the department. The
 3095  dispensing organization shall keep the records longer if
 3096  requested by the department. The dispensing organization shall
 3097  notify the department of the location where the dispensary
 3098  records are stored or to which they are transferred.
 3099         566.205 Closure of a dispensary.—
 3100         (1) If a dispensing organization decides not to renew its
 3101  license or decides to close its business, it shall promptly
 3102  notify the department not less than 3 months before the
 3103  effective date of the closing date or as otherwise authorized by
 3104  the department.
 3105         (2) The dispensing organization shall work with the
 3106  department to develop a closure plan that addresses, at a
 3107  minimum, the transfer of business records, transfer of cannabis
 3108  products, and anything else the department finds necessary.
 3109         566.206 Investigations.—
 3110         (1) Dispensing organizations are subject to random and
 3111  unannounced dispensary inspections and cannabis testing by the
 3112  department, the Department of Law Enforcement, and local law
 3113  enforcement.
 3114         (2) The department and its authorized representatives may
 3115  enter any place, including a vehicle, in which cannabis is held,
 3116  stored, dispensed, sold, produced, delivered, transported,
 3117  manufactured, or disposed of and inspect, in a reasonable
 3118  manner, the place and all pertinent equipment, containers and
 3119  labeling, and all things, including records, files, financial
 3120  data, sales data, shipping data, pricing data, personnel data,
 3121  research, papers, processes, controls, and facility, and
 3122  inventory any stock of cannabis and obtain samples of any
 3123  cannabis or cannabis-infused product, any labels or containers
 3124  for cannabis, or paraphernalia.
 3125         (3) The department may conduct an investigation of an
 3126  applicant, application, dispensing organization, principal
 3127  officer, dispensary agent, third party vendor, or other party
 3128  associated with a dispensing organization for an alleged
 3129  violation of this chapter or rules or to determine
 3130  qualifications to be granted a registration by the department.
 3131         (4) The department may require an applicant or holder of
 3132  any license issued pursuant to this chapter to produce
 3133  documents, records, or any other material pertinent to the
 3134  investigation of an application or alleged violations of this
 3135  chapter or rules. Failure to provide the required material may
 3136  be grounds for denial or discipline.
 3137         (5) Every person charged with preparing, obtaining, or
 3138  keeping records, logs, reports, or other documents in connection
 3139  with this chapter and rules and every person in charge, or
 3140  having custody, of those documents shall, upon request by the
 3141  department, make the documents immediately available for
 3142  inspection and copying by the department, the department’s
 3143  authorized representative, or others authorized by law to review
 3144  the documents.
 3145         566.2065 Citations.—The department may issue
 3146  nondisciplinary citations for minor violations. Any such
 3147  citation issued by the department may be accompanied by a fee.
 3148  The fee may not exceed $20,000 per violation. The citation shall
 3149  be issued to the licensee and shall contain the licensee’s name
 3150  and address, the licensee’s license number, a brief factual
 3151  statement, the sections of the law allegedly violated, and the
 3152  fee, if any, imposed. The citation must clearly state that the
 3153  licensee may choose, in lieu of accepting the citation, to
 3154  request a hearing. If the licensee does not dispute the matter
 3155  in the citation with the department within 30 days after the
 3156  citation is served, the citation becomes final and is not
 3157  subject to appeal. The penalty shall be a fee or other
 3158  conditions as established by rule.
 3159         566.2068 Grounds for discipline.—
 3160         (1) The department may deny issuance, refuse to renew or
 3161  restore, or reprimand, place on probation, suspend, revoke, or
 3162  take other disciplinary or nondisciplinary action against any
 3163  license or agent identification card or may impose a fine for
 3164  any of the following:
 3165         (a) Material misstatement in furnishing information to the
 3166  department.
 3167         (b) Any violation of this chapter or rules adopted pursuant
 3168  thereto.
 3169         (c) Obtaining an authorization or license by fraud or
 3170  misrepresentation.
 3171         (d) A pattern of conduct that demonstrates incompetence or
 3172  that the applicant has engaged in conduct or actions that would
 3173  constitute grounds for discipline under this chapter.
 3174         (e) Aiding or assisting another person in violating any
 3175  provision of this chapter or rules.
 3176         (f) Failing to respond to a written request for information
 3177  by the department within 30 days.
 3178         (g) Engaging in unprofessional, dishonorable, or unethical
 3179  conduct of a character likely to deceive, defraud, or harm the
 3180  public.
 3181         (h) Adverse action by another United States jurisdiction or
 3182  foreign nation.
 3183         (i) A finding by the department that the licensee, after
 3184  having his or her license placed on suspended or probationary
 3185  status, has violated the terms of the suspension or probation.
 3186         (j) Conviction, entry of a plea of guilty or nolo
 3187  contendere, or the equivalent in a state or federal court of a
 3188  principal officer or agent-in-charge of a felony offense.
 3189         (k) Excessive use or addiction to alcohol, narcotics,
 3190  stimulants, or any other chemical agent or drug.
 3191         (l) A finding by the department of a discrepancy in a
 3192  department audit of cannabis.
 3193         (m) A finding by the department of a discrepancy in a
 3194  department audit of capital or funds.
 3195         (n) A finding by the department of acceptance of cannabis
 3196  from a source other than an adult use cultivation center, craft
 3197  grower, infuser, or transporting organization licensed by the
 3198  department, or a dispensing organization licensed by the
 3199  department.
 3200         (o) An inability to operate using reasonable judgment,
 3201  skill, or safety due to physical or mental illness or other
 3202  impairment or disability, including, without limitation,
 3203  deterioration through the aging process or loss of motor skills
 3204  or mental incompetence.
 3205         (p) Failing to report to the department within the time
 3206  frames established, or, if not identified, 14 days, after any
 3207  adverse action taken against the dispensing organization or an
 3208  agent by a licensing jurisdiction in any state or any territory
 3209  of the United States or any foreign jurisdiction, any
 3210  governmental agency, any law enforcement agency, or any court.
 3211         (q) Any violation of the dispensing organization’s policies
 3212  and procedures submitted to the department annually as a
 3213  condition for licensure.
 3214         (r) Failure to inform the department of any change of
 3215  address within 10 business days.
 3216         (s) Disclosing customer names, personal information, or
 3217  protected health information in violation of any state or
 3218  federal law.
 3219         (t) Operating a dispensary before obtaining a license from
 3220  the department.
 3221         (u) Performing duties authorized by this chapter before
 3222  receiving a license to perform such duties.
 3223         (v) Dispensing cannabis when prohibited by this chapter or
 3224  rules.
 3225         (w) Any fact or condition that, if it had existed at the
 3226  time of the original application for the license, would have
 3227  warranted the denial of the license.
 3228         (x) Permitting a person without a valid agent
 3229  identification card to perform licensed activities under this
 3230  chapter.
 3231         (y) Failure to assign an agent-in-charge as required by
 3232  this chapter.
 3233         (z) Failure to provide the responsible vendor training
 3234  required by s. 566.2033(9)(c) within the provided timeframe.
 3235         (aa) Personnel insufficient in number or unqualified in
 3236  training or experience to properly operate the dispensary
 3237  business.
 3238         (bb) Any pattern of activity that causes a harmful impact
 3239  on the community.
 3240         (cc) Failing to prevent diversion, theft, or loss of
 3241  cannabis.
 3242         (2) All fines and fees imposed under this section shall be
 3243  paid within 60 days after the effective date of the order
 3244  imposing the fine or as otherwise specified in the order.
 3245         (3) A circuit court order establishing that an agent-in
 3246  charge or principal officer holding an agent identification card
 3247  is subject to involuntary admission shall operate as a
 3248  suspension of that card.
 3249         566.2069 Temporary suspension.—
 3250         (1) The department may temporarily suspend a dispensing
 3251  organization license or an agent registration without a hearing
 3252  if the department finds that public safety or welfare requires
 3253  emergency action. The department shall cause the temporary
 3254  suspension by issuing a suspension notice in connection with the
 3255  institution of proceedings for a hearing.
 3256         (2) If the department temporarily suspends a license or
 3257  agent registration without a hearing, the licensee or agent is
 3258  entitled to a hearing within 45 days after the suspension notice
 3259  has been issued. The hearing shall be limited to the issues
 3260  cited in the suspension notice, unless all parties agree
 3261  otherwise.
 3262         (3) If the department does not hold a hearing with 45 days
 3263  after the date the suspension notice was issued, the suspended
 3264  license or registration shall be automatically reinstated and
 3265  the suspension vacated.
 3266         (4) The suspended licensee or agent may seek a continuance
 3267  of the hearing date, during which time the suspension remains in
 3268  effect and the license or registration may not be automatically
 3269  reinstated.
 3270         (5) Subsequently discovered causes of action by the
 3271  department after the issuance of the suspension notice may be
 3272  filed as a separate notice of violation. The department is not
 3273  precluded from filing a separate action against the suspended
 3274  licensee or agent.
 3275         566.20695 Consent to administrative supervision order.—In
 3276  appropriate cases, the department may resolve a complaint
 3277  against a licensee or agent through the issuance of a consent
 3278  order for administrative supervision. A license or agent subject
 3279  to a consent order shall be considered by the department to hold
 3280  a license or registration in good standing.
 3281         566.2072 Notice; hearing.—
 3282         (1) The department shall, before disciplining an applicant
 3283  or licensee, at least 30 days before the date set for the
 3284  hearing:
 3285         (a) Notify the accused in writing of the charges made and
 3286  the time and place for the hearing on the charges.
 3287         (b) Direct him or her to file a written answer to the
 3288  charges under oath within 20 days after service.
 3289         (c) Inform the applicant or licensee that failure to answer
 3290  will result in a default being entered against the applicant or
 3291  licensee.
 3292         (2) At the time and place fixed in the notice, the hearing
 3293  officer appointed by the department shall proceed to hear the
 3294  charges, and the parties or their counsel shall be accorded
 3295  ample opportunity to present any pertinent statements,
 3296  testimony, evidence, and arguments. The hearing officer may
 3297  continue the hearing from time to time. In case the person,
 3298  after receiving the notice, fails to file an answer, his or her
 3299  license may, in the discretion of the department, having first
 3300  received the recommendation of the hearing officer, be
 3301  suspended, revoked, or placed on probationary status, or be
 3302  subject to whatever disciplinary action the department considers
 3303  proper, including a fine, without hearing, if the act or acts
 3304  charged constitute sufficient grounds for that action under this
 3305  chapter.
 3306         (3) The written notice and any notice in the subsequent
 3307  proceeding may be served by regular mail or e-mail to the
 3308  licensee’s or applicant’s address of record.
 3309         566.2073 Subpoenas; oaths.—The department may subpoena and
 3310  bring before it any person and take testimony either orally or
 3311  by deposition, or both, with the same fees and mileage and in
 3312  the same manner as prescribed by law in judicial proceedings in
 3313  civil cases in courts in this state. The department or the
 3314  hearing officer shall each have the power to administer oaths to
 3315  witnesses at any hearings that the department is authorized to
 3316  conduct.
 3317         566.2074 Hearing; motion for rehearing.—
 3318         (1) The hearing officer shall hear evidence in support of
 3319  the formal charges and evidence produced by the licensee. At the
 3320  conclusion of the hearing, the hearing officer shall present to
 3321  the department a written report of his or her findings of fact,
 3322  conclusions of law, and recommendations.
 3323         (2) At the conclusion of the hearing, a copy of the hearing
 3324  officer’s report shall be served upon the applicant or licensee
 3325  by the department, either personally or as provided in this
 3326  chapter for the service of a notice of hearing. Within 20
 3327  calendar days after service, the applicant or licensee may
 3328  present in writing to the department a motion for rehearing,
 3329  which must specify the particular grounds for rehearing. The
 3330  department may respond to the motion for rehearing within 20
 3331  calendar days after its service on the department. If a motion
 3332  for rehearing is not filed, upon the expiration of the time
 3333  specified for filing such motion or upon denial of a motion for
 3334  rehearing, the department may enter an order in accordance with
 3335  the recommendation of the hearing officer. If the applicant or
 3336  licensee orders from the reporting service and pays for a
 3337  transcript of the record within the time for filing a motion for
 3338  rehearing, the 20-day period within which a motion may be filed
 3339  commences upon the delivery of the transcript to the applicant
 3340  or licensee.
 3341         (3) If the department disagrees with any aspect of the
 3342  report of the hearing officer, the department may issue an order
 3343  contrary to the report.
 3344         (4) Whenever the department is not satisfied that
 3345  substantial justice has been done, the department may order a
 3346  rehearing by the same or another hearing officer.
 3347         (5) At any point in an investigation or a disciplinary
 3348  proceeding under in this chapter, both parties may agree to a
 3349  negotiated consent order. The consent order must be final upon
 3350  signature of the secretary.
 3351         566.301 Issuance of adult use cultivation center licenses.
 3352  On or after July 1, 2022, the department by rule may:
 3353         (1) Modify or change the number of adult use cultivation
 3354  center licenses available, which at no time may exceed 30 adult
 3355  use cultivation center licenses. In determining whether to
 3356  exercise the authority granted under this subsection, the
 3357  department must consider all of the following factors:
 3358         (a) The percentage of cannabis sales occurring in this
 3359  state using the best available data to ascertain total cannabis
 3360  consumption in this state compared to the amount of sales in
 3361  licensed dispensing organizations.
 3362         (b) Whether there is an adequate supply of cannabis and
 3363  cannabis-infused products to serve registered qualified
 3364  patients.
 3365         (c) Whether there is an adequate supply of cannabis and
 3366  cannabis-infused products to serve purchasers.
 3367         (d) Whether there is an oversupply of cannabis in this
 3368  state leading to trafficking of cannabis to any other state.
 3369         (e) Population increases or shifts.
 3370         (f) Changes to federal law.
 3371         (g) The past security records of cultivation centers.
 3372         (h) The department’s capacity to appropriately regulate
 3373  additional licensees.
 3374         (i) Any other criteria the department deems relevant.
 3375         (2) Modify or change the licensing application process to
 3376  reduce or eliminate the barriers to entry and remedy evidence of
 3377  discrimination.
 3378         566.3011 Early approval of adult use cultivation center
 3379  license.—
 3380         (1) Any medical marijuana treatment center licensed and in
 3381  good standing as of July 1, 2022, may, after September 1, 2022,
 3382  but no later than December 31, 2022, apply to the department for
 3383  an early approval adult use cultivation center license to
 3384  produce cannabis and cannabis-infused products at its existing
 3385  facilities as of July 1, 2022.
 3386         (2) A medical marijuana treatment center seeking issuance
 3387  of an early approval adult use cultivation center license shall
 3388  submit an application on forms provided by the department. The
 3389  application must meet the following requirements and include the
 3390  following information, as applicable:
 3391         (a) Payment of a nonrefundable application fee as provided
 3392  in s. 566.801 to be deposited into the Alcoholic Beverage,
 3393  Marijuana, and Tobacco Trust Fund.
 3394         (b) Proof of licensure as a medical marijuana treatment
 3395  center which is in good standing.
 3396         (c) Submission of the application by the same person or
 3397  entity that holds the medical marijuana treatment center
 3398  license.
 3399         (d) Certification that the applicant will comply with the
 3400  requirements of s. 566.3016.
 3401         (e) The legal name of the cultivation center.
 3402         (f) The physical address of the cultivation center.
 3403         (g) The name, address, social security number, and date of
 3404  birth of each principal officer and board member of the
 3405  cultivation center, each of whom must be at least 21 years of
 3406  age.
 3407         (h) Payment of the nonrefundable cannabis business
 3408  development fee as provided in s. 566.801, to be deposited into
 3409  the Cannabis Business Development Fund.
 3410         (i) A commitment to completing one of the following social
 3411  equity inclusion plans before the expiration of the early
 3412  approval adult use cultivation center license:
 3413         1. Making a contribution as provided in s. 566.801 to one
 3414  of the following:
 3415         a. The Cannabis Business Development Fund. This is in
 3416  addition to the fee required by paragraph (h).
 3417         b. A cannabis industry training or education program at a
 3418  Florida College System institution as defined in s. 1000.21.
 3419         c. A program that provides job training services to persons
 3420  recently incarcerated or that operates in a disproportionately
 3421  impacted area.
 3422         2. Participate as a host for at least 1 year in a cannabis
 3423  business incubator program approved by the Department of
 3424  Economic Opportunity in which an early approval adult use
 3425  cultivation center licensee agrees to provide a loan of at least
 3426  $100,000 and mentorship to incubate a licensee that qualifies as
 3427  a social equity applicant. As used in this section, the term
 3428  “incubate” means to provide direct financial assistance and
 3429  training necessary to engage in licensed cannabis industry
 3430  activity similar to that of the host licensee. The early
 3431  approval adult use cultivation center license holder or the same
 3432  entity holding any other licenses issued pursuant to this
 3433  chapter may not take an ownership stake of greater than 10
 3434  percent in any business receiving incubation services to comply
 3435  with this subsection. If an early approval adult use cultivation
 3436  center licensee fails to identify an incubation partner before
 3437  its early approval adult use cultivation center license expires,
 3438  the licensee may opt to meet the requirements of this paragraph
 3439  by completing another item from this subsection before the
 3440  expiration of its early approval adult use cultivation center
 3441  license to avoid a penalty.
 3442         (3) An early approval adult use cultivation center license
 3443  is valid until March 31, 2024. A cultivation center that obtains
 3444  an early approval adult use cultivation center license must be
 3445  given at least 90 days’ advance written or electronic notice of
 3446  the expiration of the license, which must inform the licensee
 3447  that it may renew its early approval adult use cultivation
 3448  center license. The department shall grant a renewal of an early
 3449  approval adult use cultivation center license within 60 days
 3450  after submission of an application if:
 3451         (a) The cultivation center submits an application and the
 3452  required renewal fee as provided in s. 566.801 for an early
 3453  approval adult use cultivation center license.
 3454         (b) The department has not suspended or revoked the license
 3455  of the cultivation center for violating this chapter or rules
 3456  adopted under this chapter.
 3457         (c) The cultivation center has complied with paragraph
 3458  (2)(i).
 3459         (d) An early approval adult use cultivation center license
 3460  renewed pursuant to this subsection expires March 31, 2025. The
 3461  early approval adult use cultivation center licensee must be
 3462  given at least 90 days’ advance written or electronic notice
 3463  that the license will expire, which must inform the licensee
 3464  that it may apply for an adult use cultivation center license.
 3465  The department shall grant an adult use dispensing organization
 3466  license within 60 days after it deems an application complete if
 3467  the applicant meets all of the criteria in s. 566.3014.
 3468         (4) The license fee under paragraph (3)(a) is in addition
 3469  to any license fee required for the renewal of a medical
 3470  marijuana treatment center license that expires during the
 3471  effective period of the early approval adult use cultivation
 3472  center license.
 3473         (5) Applicants must submit all required information,
 3474  including that required by subsection (2), to the department.
 3475  Failure by an applicant to submit all such information may
 3476  result in the application being disqualified.
 3477         (6) If the department receives an application that is
 3478  missing information, the department may issue a deficiency
 3479  notice to the applicant. The applicant has 10 calendar days
 3480  after the date of the deficiency notice to submit the missing
 3481  information. Applications that are still incomplete after this
 3482  opportunity to cure may be disqualified.
 3483         (7) If an applicant meets the requirements of subsection
 3484  (2), the department shall issue the early approval adult use
 3485  cultivation center license within 14 days after receiving the
 3486  application unless any of the following applies:
 3487         (a) The licensee; a principal officer, a board member, or a
 3488  person having a financial or voting interest of 5 percent or
 3489  greater in the licensee; or an agent is delinquent in filing any
 3490  required tax returns or paying any amounts owed to the state.
 3491         (b) The department determines there is reason to conclude,
 3492  based on the number of documented compliance violations, that
 3493  the licensee is not entitled to an early approval adult use
 3494  cultivation center license.
 3495         (c) The licensee fails to comply with requirements related
 3496  to the social equity inclusion plan under paragraph (2)(i).
 3497         (8) A cultivation center may begin producing cannabis and
 3498  cannabis-infused products once the early approval adult use
 3499  cultivation center license is approved. A cultivation center
 3500  that obtains an early approval adult use cultivation center
 3501  license may begin selling cannabis and cannabis-infused products
 3502  on December 1, 2022.
 3503         (9) An early approval adult use cultivation center licensee
 3504  must continue to produce and provide an adequate supply of
 3505  cannabis and cannabis-infused products for purchase by qualified
 3506  patients and caregivers. For the purposes of this subsection,
 3507  the term “adequate supply” means a monthly production level that
 3508  is comparable in type and quantity to those medical cannabis
 3509  products produced for patients and caregivers on an average
 3510  monthly basis for the 6 months before July 1, 2022.
 3511         (10) If there is a shortage of cannabis or cannabis-infused
 3512  products, a licensee shall prioritize qualified patients and
 3513  caregivers under s. 381.986 over adult use purchasers.
 3514         (11) If an early approval adult use cultivation center
 3515  licensee fails to submit an application for an adult use
 3516  cultivation center license before the expiration of the early
 3517  approval adult use cultivation center license as provided in
 3518  subsection (3), the cultivation center must cease adult use
 3519  cultivation until it receives an adult use cultivation center
 3520  license.
 3521         (12) If a cultivation center licensee also holds a medical
 3522  marijuana treatment center license issued under s. 381.986, the
 3523  department may suspend or revoke the medical marijuana treatment
 3524  center license concurrently with the early approval adult use
 3525  cultivation center license.
 3526         (13) All fees or fines collected from an early approval
 3527  adult use cultivation center licensee as a result of a
 3528  disciplinary action taken in connection with the enforcement of
 3529  this chapter must be deposited into the Alcoholic Beverage,
 3530  Marijuana, and Tobacco Trust Fund.
 3531         566.3012 Conditional adult use cultivation center
 3532  application.—
 3533         (1) If the department makes available additional
 3534  cultivation center licenses, applicants for a conditional adult
 3535  use cultivation center license must electronically submit the
 3536  following in such form as the department may direct:
 3537         (a) The nonrefundable application fee established by
 3538  department rule, to be deposited into the Alcoholic Beverage,
 3539  Marijuana, and Tobacco Trust Fund.
 3540         (b) The legal name of the cultivation center.
 3541         (c) The proposed physical address of the cultivation
 3542  center.
 3543         (d) The name, address, social security number, and date of
 3544  birth of each principal officer and board member of the
 3545  cultivation center, each of whom must be at least 21 years of
 3546  age.
 3547         (e) The details of any administrative or judicial
 3548  proceeding in which any of the principal officers or board
 3549  members of the cultivation center pled guilty, were convicted,
 3550  were fined, or had a registration or license suspended or
 3551  revoked, or managed or served on the board of a business or
 3552  nonprofit organization that pled guilty, was convicted, was
 3553  fined, or had a registration or license suspended or revoked.
 3554         (f) Proposed operating bylaws that include procedures for
 3555  the oversight of the cultivation center, including the
 3556  development and implementation of a plant monitoring system,
 3557  accurate recordkeeping, a staffing plan, and a security plan
 3558  approved by the Department of Law Enforcement which are in
 3559  accordance with department rule. A cultivation center shall
 3560  perform a physical inventory of all plants and cannabis on a
 3561  weekly basis by the cultivation center.
 3562         (g) Verification from the Department of Law Enforcement
 3563  that all background checks of the prospective principal
 3564  officers, board members, and agents of the cannabis business
 3565  establishment have been conducted.
 3566         (h) A copy of any applicable current local zoning ordinance
 3567  or permit and verification that the proposed cultivation center
 3568  is in compliance with the local zoning rules and any distance
 3569  limitations established by the local jurisdiction.
 3570         (i) Proposed employment practices, in which the applicant
 3571  must demonstrate a plan of action to inform, hire, and educate
 3572  minorities, women, veterans, and persons with disabilities;
 3573  engage in fair labor practices; and provide worker protections.
 3574         (j) A statement as to whether an applicant can demonstrate
 3575  experience in, or business practices that promote, economic
 3576  empowerment in disproportionately impacted areas.
 3577         (k) Experience with the cultivation of agricultural or
 3578  horticultural products or operating an agricultural or
 3579  horticultural business.
 3580         (l) A description of the enclosed, locked facility where
 3581  cannabis will be grown, harvested, manufactured, processed,
 3582  packaged, or otherwise prepared for distribution to a dispensing
 3583  organization.
 3584         (m) A survey of the enclosed, locked facility, including
 3585  the space used for cultivation.
 3586         (n) Cultivation, processing, inventory, and packaging
 3587  plans.
 3588         (o) A description of the applicant’s experience with
 3589  agricultural cultivation techniques and industry standards.
 3590         (p) A list of any academic degrees, certifications, or
 3591  relevant experience of all prospective principal officers, board
 3592  members, and agents of the cultivation center.
 3593         (q) The name and address of each person having a financial
 3594  or voting interest of 5 percent or greater in the cultivation
 3595  center operation with respect to which the license is sought,
 3596  whether a trust, corporation, partnership, limited liability
 3597  company, or sole proprietorship.
 3598         (r) A plan describing how the cultivation center will
 3599  address each of the following:
 3600         1. Energy needs, including estimates of monthly electricity
 3601  and gas usage; the extent to which it will procure energy from a
 3602  local utility or from on-site generation; and if it has adopted
 3603  or will adopt a sustainable energy use and energy conservation
 3604  policy.
 3605         2. Water needs, including estimated water draw, and if it
 3606  has adopted or will adopt a sustainable water use and water
 3607  conservation policy.
 3608         3. Waste management, including if it has adopted or will
 3609  adopt a waste reduction policy.
 3610         (s) A diversity plan that includes a narrative of not more
 3611  than 2,500 words which establishes a goal of diversity in
 3612  ownership, management, employment, and contracting to ensure
 3613  that diverse participants and groups are afforded equality of
 3614  opportunity.
 3615         (t) A recycling plan that includes requirements that:
 3616         1. Purchaser packaging, including cartridges, be accepted
 3617  by the applicant and recycled.
 3618         2. Any recyclable waste generated by the cannabis
 3619  cultivation facility be recycled per applicable state and local
 3620  laws, ordinances, and rules.
 3621         3. Any cannabis waste, liquid waste, or hazardous waste be
 3622  disposed of so that, to the greatest extent feasible, all
 3623  cannabis plant waste will be rendered unusable by grinding and
 3624  incorporating the cannabis plant waste with compostable mixed
 3625  waste.
 3626         (u) A commitment to remain in compliance with applicable
 3627  state and federal environmental requirements, including:
 3628         1. Storing, securing, and managing all recyclables and
 3629  waste, including organic waste composed of or containing
 3630  finished cannabis and cannabis products, in accordance with
 3631  applicable state and local laws, ordinances, and rules.
 3632         2. Disposing liquid waste containing cannabis or byproducts
 3633  of cannabis processing in compliance with all applicable state
 3634  and federal requirements, including the cannabis cultivation
 3635  facility’s permits under the Environmental Protection Act.
 3636         (v) A commitment to a technology standard for resource
 3637  efficiency of the cultivation center facility.
 3638         1. A cannabis cultivation facility must commit to use
 3639  resources, including energy and water, efficiently. A cannabis
 3640  cultivation facility must commit to meet or exceed the
 3641  technology standard identified for the following, which may be
 3642  modified by rule:
 3643         a. Lighting systems, including light bulbs.
 3644         b. HVAC system.
 3645         c. Water application system to the crop.
 3646         d. Filtration system for removing contaminants from
 3647  wastewater.
 3648         2. The lighting power densities (LPD) for cultivation space
 3649  may not exceed an average of 36 watts per gross square foot of
 3650  active and growing space canopy, or all installed lighting
 3651  technology must meet a photosynthetic photon efficacy (PPE) of
 3652  no less than 2.2 micromoles per joule fixture and must be
 3653  included on the DesignLights Consortium (DLC) Horticultural
 3654  Specification Qualified Products List (QPL). In the event that
 3655  DLC requirement for minimum efficacy exceeds 2.2 micromoles per
 3656  joule fixture, that PPE must become the new standard.
 3657         3.a. For cannabis grow operations with less than 6,000
 3658  square feet of canopy, the licensee must commit that all HVAC
 3659  units will be high-efficiency, ductless, split HVAC units, or
 3660  other more energy efficient equipment.
 3661         b. For cannabis grow operations with 6,000 square feet of
 3662  canopy or more, the licensee must commit that all HVAC units
 3663  will be variable-refrigerant-flow HVAC units, or other more
 3664  energy efficient equipment.
 3665         4.a. The cannabis cultivation facility must commit to the
 3666  use of automated watering systems, including drip irrigation and
 3667  flood tables, to irrigate cannabis crop.
 3668         b. The cannabis cultivation facility must commit to measure
 3669  runoff from watering events and report this volume in its water
 3670  usage plan, and that on average, watering events will produce no
 3671  more than 20 percent of runoff of water.
 3672         5. The cultivator must commit that HVAC condensate,
 3673  dehumidification water, excess runoff, and other wastewater
 3674  produced by the cannabis cultivation facility will be captured
 3675  and filtered to the best of the facility’s ability to achieve
 3676  the quality needed to be reused in subsequent watering rounds.
 3677         6. The cannabis cultivation facility must commit to
 3678  reporting energy use and efficiency as required by department
 3679  rule.
 3680         (w) Any other information required by rule.
 3681         (2) Applicants must submit all required information to the
 3682  department. Failure by an applicant to submit all required
 3683  information may result in the application being disqualified.
 3684         (3) If the department receives an incomplete application,
 3685  the department may issue a deficiency notice to the applicant.
 3686  The applicant has 10 calendar days after the date of the
 3687  deficiency notice to resubmit the application to cure the
 3688  deficiency. Applications that are still incomplete after this
 3689  opportunity to cure will not be scored and must be disqualified.
 3690         (4) A cultivation center that is awarded a conditional
 3691  adult use cultivation center license may not grow, purchase,
 3692  possess, or sell cannabis or cannabis-infused products until it
 3693  has received an adult use cultivation center license issued by
 3694  the department.
 3695         566.3013 Conditional adult use cultivation center license;
 3696  scoring applications.—
 3697         (1) The department shall by rule develop a system to score
 3698  cultivation center applications to administratively rank
 3699  applications based on the clarity, organization, and quality of
 3700  the applicant’s responses to required information. Applicants
 3701  shall be awarded points based on the following categories:
 3702         (a) Suitability of the proposed facility.
 3703         (b) Suitability of employee training plan.
 3704         (c) Security and recordkeeping.
 3705         (d) Cultivation plan.
 3706         (e) Product safety and labeling plan.
 3707         (f) Business plan.
 3708         (g) The applicant’s status as a social equity applicant,
 3709  which constitutes at least 20 percent of total available points.
 3710         (h) Labor and employment practices, which constitute no
 3711  less than 2 percent of total available points.
 3712         (i) Environmental plan as described in s. 566.3012(1)(u),
 3713  (v), and (w).
 3714         (j) Whether at least 51 percent of the applicant business
 3715  is owned and controlled by an individual or individuals who have
 3716  been residents of this state for the past 5 years as proved by
 3717  tax records.
 3718         (k) Whether at least 51 percent of the applicant business
 3719  is owned and controlled by an individual or individuals who meet
 3720  the qualifications of a veteran as defined s. 1.01(14).
 3721         (l) An applicant’s diversity plan that includes a narrative
 3722  of not more than 2,500 words that establishes a goal of
 3723  diversity in ownership, management, employment, and contracting
 3724  to ensure that diverse participants and groups are afforded
 3725  equality of opportunity.
 3726         (m) Any other category the department may set by rule for
 3727  points.
 3728         (2) If the department receives more than one application
 3729  for the same BLS region which receive an equal score, it may
 3730  award bonus points to applicants for their plans to engage with
 3731  the community.
 3732         (3) If an applicant is awarded a cultivation center
 3733  license, the information and plans that the applicant provided
 3734  in its application, including any plans submitted for the
 3735  acquiring of bonus points, become a mandatory condition of the
 3736  license. Any variation from or failure to perform such plans may
 3737  result in discipline, including the revocation or nonrenewal of
 3738  a license.
 3739         (4) If an applicant is awarded a cultivation center
 3740  license, it shall pay a fee as provided in s. 566.801 before
 3741  receiving the license, to be deposited into the Alcoholic
 3742  Beverage, Marijuana, and Tobacco Trust Fund.
 3743         566.3014 Adult use cultivation center license.—
 3744         (1) A person or entity is eligible to receive an adult use
 3745  cultivation center license only if the person or entity has
 3746  first been awarded a conditional adult use cultivation center
 3747  license pursuant to this chapter or the person or entity has
 3748  renewed its early approval cultivation center license.
 3749         (2) The department may not issue an adult use cultivation
 3750  center license until:
 3751         (a) The department has inspected the cultivation center
 3752  site and proposed operations and verified that they are in
 3753  compliance with this chapter and local zoning laws.
 3754         (b) The conditional adult use cultivation center licensee
 3755  has paid a registration fee as provided in s. 566.801 or a
 3756  prorated amount that takes into account the period of time
 3757  between issuance of the adult use cultivation center license and
 3758  March 31 of the next even-numbered year.
 3759         (c) The conditional adult use cultivation center licensee
 3760  has met all the requirements in this chapter and department
 3761  rule.
 3762         566.3015 Denial of application.—An application for a
 3763  cultivation center license must be denied if any of the
 3764  following conditions is met:
 3765         (1) The applicant failed to submit the materials
 3766  required by this chapter.
 3767         (2) The applicant, if granted a license to operate a
 3768  cultivation center, would violate local zoning rules.
 3769         (3) One or more of the prospective principal officers or
 3770  board members commits or causes a violation of s. 566.3016.
 3771         (4) One or more of the principal officers or board members
 3772  is younger than 21 years of age.
 3773         (5) The person has submitted an application for a permit
 3774  under this chapter which contains false information.
 3775         (6) The licensee, a principal officer, a board member, or a
 3776  person having a financial or voting interest of 5 percent or
 3777  greater in the licensee, or the agent, is delinquent in filing
 3778  any required tax returns or paying any amounts owed to the
 3779  state.
 3780         566.3016 Cultivation center requirements;
 3781  prohibitions.—
 3782         (1) The operating documents of a cultivation center must
 3783  include procedures for the oversight of the cultivation center;
 3784  a cannabis plant monitoring system, including a physical
 3785  inventory that is recorded weekly; accurate recordkeeping; and a
 3786  staffing plan.
 3787         (2) A cultivation center shall implement a security plan
 3788  reviewed by the Department of Law Enforcement which includes
 3789  facility access controls, perimeter intrusion detection systems,
 3790  personnel identification systems, and a 24-hour surveillance
 3791  system to monitor the interior and exterior of the cultivation
 3792  center facility and which provides authorized law enforcement
 3793  officers, the department, and the Department of Health with real
 3794  time access to parts of the cultivation center where processing
 3795  takes place.
 3796         (3) All cultivation of cannabis by a cultivation center
 3797  must take place in an enclosed, locked facility at the physical
 3798  address provided to the department during the licensing process.
 3799  Access to the cultivation center location must be limited to the
 3800  agents working for the cultivation center; department staff
 3801  during the performance of inspections; Department of Health
 3802  staff during the performance of inspections; local and state law
 3803  enforcement officers or other emergency personnel; contractors
 3804  working on jobs unrelated to cannabis, such as installing or
 3805  maintaining security devices or performing electrical wiring;
 3806  transporting organization agents as provided in this chapter;
 3807  individuals in a mentoring or educational program approved by
 3808  the state; and other individuals as authorized by department
 3809  rule.
 3810         (4) A cultivation center may not sell or distribute any
 3811  cannabis or cannabis-infused products to any person other than a
 3812  dispensing organization, a craft grower, an infusing
 3813  organization, or a transporter, or as otherwise authorized by
 3814  rule.
 3815         (5) A cultivation center may not, directly or indirectly,
 3816  discriminate in price between different dispensing
 3817  organizations, craft growers, or infuser organizations that are
 3818  purchasing a like grade, strain, brand, and quality of cannabis
 3819  or cannabis-infused product. This subsection does not prevent a
 3820  cultivation center from pricing cannabis differently based on
 3821  differences in the cost of manufacturing or processing; the
 3822  quantities sold, such as through volume discounts; or the way
 3823  the products are delivered.
 3824         (6) A record of all cannabis harvested by a cultivation
 3825  center and intended for distribution to a dispensing
 3826  organization must be entered into a data collection system,
 3827  packaged and labeled as required by this chapter, and placed
 3828  into a cannabis container for transport. All cannabis harvested
 3829  by a cultivation center and intended for distribution to a craft
 3830  grower or infuser organization must be packaged in a labeled
 3831  cannabis container and entered into a data collection system
 3832  before transport.
 3833         (7) Cultivation centers are subject to random inspections
 3834  by the department, the Department of Health, local safety or
 3835  health inspectors, and the Department of Law Enforcement.
 3836         (8) A cultivation center agent shall notify local law
 3837  enforcement, the Department of Law Enforcement, and the
 3838  department within 24 hours after the discovery of any loss or
 3839  theft. Notification shall be made by telephone, by written or
 3840  electronic communication, or in person.
 3841         (9) A cultivation center shall comply with all state and
 3842  any applicable federal rules and regulations regarding the use
 3843  of pesticides on cannabis plants.
 3844         (10) A person or entity may not hold any legal, equitable,
 3845  ownership, or beneficial interest, directly or indirectly, of
 3846  more than three cultivation centers licensed under this chapter.
 3847  Further, a person or entity that is employed by, is an agent of,
 3848  has a contract to receive payment in any form from, or is a
 3849  principal officer of a cultivation center, or an entity
 3850  controlled by or affiliated with a principal officer of a
 3851  cultivation center, may not hold any legal, equitable,
 3852  ownership, or beneficial interest, directly or indirectly, in a
 3853  cultivation center which would result in the person or entity
 3854  owning or controlling more than three cultivation center
 3855  licenses in combination with any cultivation center, principal
 3856  officer of a cultivation center, or entity controlled or
 3857  affiliated with a principal officer of a cultivation center that
 3858  he, she, or it is employed by, is an agent of, or which it
 3859  manages.
 3860         (11) A cultivation center may not contain more than 210,000
 3861  square feet of canopy space for plants in the flowering stage
 3862  for cultivation of adult use cannabis as provided in this
 3863  chapter.
 3864         (12) A cultivation center may process cannabis, cannabis
 3865  concentrates, and cannabis-infused products. Cannabis
 3866  concentrate may be made with propylene glycol, glycerin, butter,
 3867  olive oil or other typical cooking fats; water, ice, or dry ice;
 3868  or butane, propane, carbon dioxide, ethanol, or isopropanol. The
 3869  use of any other solvent is expressly prohibited unless approved
 3870  by the department.
 3871         (13) Beginning July 1, 2023, a cultivation center may not
 3872  transport cannabis to a craft grower, a dispensing organization,
 3873  an infuser organization, or a laboratory licensed under this
 3874  chapter unless it has obtained a transporting organization
 3875  license.
 3876         (14) It is unlawful for any person having a cultivation
 3877  center license, or any officer, associate, member,
 3878  representative, or agent of such licensee, to offer or deliver
 3879  money, or anything else of value, directly or indirectly, to:
 3880         (a) Any person having an early approval adult use
 3881  dispensing organization license, a conditional adult use
 3882  dispensing organization license, an adult use dispensing
 3883  organization license, or a medical marijuana treatment center;
 3884         (b) Any person connected with, a family member of a person
 3885  holding a license for, or in any way representing an early
 3886  approval adult use dispensing organization license, a
 3887  conditional adult use dispensing organization license, an adult
 3888  use dispensing organization license, or a medical marijuana
 3889  treatment center;
 3890         (c) Any stockholders in any corporation engaged in the
 3891  retail sale of cannabis; or
 3892         (d) Any officer, manager, agent, or representative of the
 3893  early approval adult use dispensing organization license, a
 3894  conditional adult use dispensing organization license, an adult
 3895  use dispensing organization license, or a medical marijuana
 3896  treatment center,
 3897  
 3898  to obtain preferential placement within the dispensing
 3899  organization, including, without limitation, on shelves and in
 3900  display cases where purchasers can view products, or on the
 3901  dispensing organization’s website.
 3902         (15) A cultivation center must comply with any other
 3903  requirements or prohibitions set by administrative rule of the
 3904  department.
 3905         566.3017 Cultivation center agent identification card.—
 3906         (1) The department shall:
 3907         (a) Establish by rule the information required in an
 3908  initial application or renewal application submitted under this
 3909  chapter for an agent identification card and the nonrefundable
 3910  fee that must accompany the such applications.
 3911         (b) Verify the information contained in such applications
 3912  and approve or deny an application within 30 days after
 3913  receiving a completed application and all supporting
 3914  documentation required by rule.
 3915         (c) Issue an agent identification card to a qualifying
 3916  agent within 15 business days after approving the initial
 3917  application or renewal application.
 3918         (d) Enter the license number of the cultivation center
 3919  where the agent is employed.
 3920         (e) Allow for an electronic application process and for
 3921  confirmation of submission by electronic or other means. The
 3922  department may require by rule that prospective agents file
 3923  their applications by electronic means and that notice be
 3924  provided by the department to the agents by electronic means.
 3925         (2) An agent must keep his or her identification card
 3926  visible at all times when on the property of the cultivation
 3927  center at which the agent is employed.
 3928         (3) The agent identification cards must contain the
 3929  following:
 3930         (a) The name of the cardholder.
 3931         (b) The date of issuance and expiration date of the
 3932  identification card.
 3933         (c) A random 10-digit alphanumeric identification number
 3934  containing at least 4 numbers and at least 4 letters which is
 3935  unique to the holder.
 3936         (d) A photograph of the cardholder.
 3937         (e) The legal name of the cultivation center employing
 3938  the agent.
 3939         (4) An agent identification card must be immediately
 3940  returned to the cultivation center of the agent upon termination
 3941  of his or her employment.
 3942         (5) The loss of an agent identification card by a
 3943  cultivation center agent must be reported to the Department of
 3944  Law Enforcement and the department immediately upon discovery of
 3945  the loss.
 3946         (6) The department may not issue an agent identification
 3947  card if the applicant is delinquent in filing any required tax
 3948  returns or paying any amounts owed to the state.
 3949         566.3018 Cultivation center background checks.—
 3950         (1) The department shall conduct a background check through
 3951  the Department of Law Enforcement of the prospective principal
 3952  officers, board members, and agents of a cultivation center
 3953  applying for a license or an identification card under this
 3954  chapter. The Department of Law Enforcement may charge a fee as
 3955  provided in s. 943.053. In complying with this section, each
 3956  cultivation center prospective principal officer, board member,
 3957  or agent shall submit a full set of fingerprints to the
 3958  Department of Law Enforcement for the purpose of obtaining a
 3959  state and federal criminal records check. These fingerprints
 3960  shall be checked against the fingerprint records now and
 3961  hereafter, to the extent allowed by law, and filed in the
 3962  Department of Law Enforcement and Federal Bureau of
 3963  Investigation criminal history records databases. The Department
 3964  of Law Enforcement shall furnish any conviction information to
 3965  the department.
 3966         (2) When applying for the initial license or identification
 3967  card, the background checks for all prospective principal
 3968  officers, board members, and agents must be completed before
 3969  submission of the application to the licensing or issuing
 3970  agency.
 3971         566.3019 Renewal of cultivation center licenses and agent
 3972  identification cards.—
 3973         (1) Cultivation center licenses and identification cards
 3974  issued under this chapter shall be renewed annually. A
 3975  cultivation center shall receive written or electronic notice 90
 3976  days before the expiration of its current license that the
 3977  license will expire. The department shall grant a renewal within
 3978  45 days after submission of a renewal application if:
 3979         (a) The cultivation center submits a renewal application
 3980  and the required nonrefundable renewal fee as provided in s.
 3981  566.801, or another amount as the department may set by rule
 3982  after January 1, 2024, to be deposited into the Alcoholic
 3983  Beverage, Marijuana, and Tobacco Trust Fund.
 3984         (b) The department has not suspended the license of the
 3985  cultivation center or suspended or revoked the license for
 3986  violating this chapter or rules adopted under this chapter.
 3987         (c) The cultivation center has continued to operate in
 3988  accordance with all plans submitted as part of its application
 3989  and approved by the department or any amendments thereto that
 3990  have been approved by the department.
 3991         (d) The cultivation center has submitted an agent,
 3992  employee, contracting, and subcontracting diversity report as
 3993  required by the department.
 3994         (e) The cultivation center has submitted an environmental
 3995  impact report.
 3996         (2) If a cultivation center fails to renew its license
 3997  before expiration, it shall cease operations until its license
 3998  is renewed.
 3999         (3) If a cultivation center agent fails to renew his or her
 4000  identification card before its expiration, he or she shall cease
 4001  to work as an agent of the cultivation center until his or her
 4002  identification card is renewed.
 4003         (4) Any cultivation center that continues to operate, or
 4004  any cultivation center agent who continues to work as an agent,
 4005  after the applicable license or identification card has expired
 4006  without renewal is subject to the penalties provided under s.
 4007  566.4701.
 4008         566.401 Craft growers.—
 4009         (1) ISSUANCE OF LICENSES.—
 4010         (a) The department shall issue up to 40 craft grower
 4011  licenses by July 1, 2023. Any person or entity awarded a license
 4012  pursuant to this subsection shall hold only one craft grower
 4013  license and may not sell that license until after December 21,
 4014  2022.
 4015         (b) By December 21, 2024, the department shall issue up to
 4016  60 additional craft grower licenses. Any person or entity
 4017  awarded a license pursuant to this paragraph may not hold more
 4018  than two craft grower licenses. The person or entity awarded a
 4019  license pursuant to this paragraph or paragraph (a) may sell its
 4020  craft grower license subject to the restrictions of this chapter
 4021  or as determined by department rule. Before issuing such
 4022  licenses, the department may adopt rules through emergency
 4023  rulemaking to modify or raise the number of craft grower
 4024  licenses assigned to each region and modify or change the
 4025  licensing application process to reduce or eliminate barriers.
 4026  In determining whether to exercise the authority granted by this
 4027  subsection, the department must consider the following factors:
 4028         1. The percentage of cannabis sales occurring in this state
 4029  not in the regulated market, using the best available data to
 4030  ascertain total cannabis consumption in this state compared to
 4031  the amount of sales in licensed dispensing organizations.
 4032         2. Whether there is an adequate supply of cannabis and
 4033  cannabis-infused products to serve registered qualified
 4034  patients.
 4035         3. Whether there is an adequate supply of cannabis and
 4036  cannabis-infused products to serve purchasers.
 4037         4. Whether there is an oversupply of cannabis in this state
 4038  leading to trafficking of cannabis to states where the sale of
 4039  cannabis is not authorized by law.
 4040         5. Population increases or shifts.
 4041         6. The density of craft growers in any area of the state.
 4042         7. Perceived security risks of increasing the number or
 4043  location of craft growers.
 4044         8. The past safety record of craft growers.
 4045         9. The department’s capacity to appropriately regulate
 4046  additional licensees.
 4047         10. The reduction or elimination of any identified barriers
 4048  to entry into the cannabis industry.
 4049         11. Any other criteria the department deems relevant.
 4050         (c) After January 1, 2023, the department may by rule
 4051  modify or raise the number of craft grower licenses assigned to
 4052  each region, and modify or change the licensing application
 4053  process to reduce or eliminate barriers based on the criteria in
 4054  paragraph (b). At no time may the number of craft grower
 4055  licenses exceed 150. Any person or entity awarded a license
 4056  pursuant to this subsection may not hold more than three craft
 4057  grower licenses. A person or entity awarded a license pursuant
 4058  to this subsection may sell its craft grower license or licenses
 4059  subject to the restrictions of this chapter or as determined by
 4060  administrative rule.
 4061         (2) APPLICATION.—
 4062         (a) When applying for a license, the applicant shall
 4063  electronically submit the following in such form as the
 4064  department may direct:
 4065         1. The nonrefundable application fee as provided in s.
 4066  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 4067  and Tobacco Trust Fund.
 4068         2. The legal name of the craft grower.
 4069         3. The proposed physical address of the craft grower.
 4070         4. The name, address, social security number, and date of
 4071  birth of each principal officer and board member of the craft
 4072  grower, each of whom must be at least 21 years of age.
 4073         5. The details of any administrative or judicial proceeding
 4074  in which any of the principal officers or board members of the
 4075  craft grower was named, including whether any of them:
 4076         a. Pled guilty, were convicted, were fined, or had a
 4077  registration or license suspended or revoked; or
 4078         b. Managed or served on the board of a business or
 4079  nonprofit organization that pled guilty, was convicted, was
 4080  fined, or had a registration or license suspended or revoked.
 4081         6. Proposed operating bylaws that include procedures for
 4082  the oversight of the craft grower, including the development and
 4083  implementation of a plant monitoring system, accurate
 4084  recordkeeping, a staffing plan, and a security plan approved by
 4085  the Department of Law Enforcement which are in accordance with
 4086  the rules issued by the department under this chapter. A
 4087  physical inventory must be performed of all plants on a weekly
 4088  basis by the craft grower.
 4089         7. Verification from the Department of Law Enforcement that
 4090  all background checks of the prospective principal officers,
 4091  board members, and agents of the cannabis business establishment
 4092  have been conducted.
 4093         8. A copy of the current local zoning ordinance or permit
 4094  and verification that the proposed craft grower is in compliance
 4095  with the local zoning rules and distance limitations established
 4096  by the local jurisdiction.
 4097         9. Proposed employment practices, in which the applicant
 4098  must demonstrate a plan of action to inform, hire, and educate
 4099  minorities, women, veterans, and persons with disabilities,
 4100  engage in fair labor practices, and provide worker protections.
 4101         10. Whether an applicant can demonstrate experience in or
 4102  business practices that promote economic empowerment in
 4103  disproportionately impacted areas.
 4104         11. Experience with the cultivation of agricultural or
 4105  horticultural products, operating an agriculturally related
 4106  business, or operating a horticultural business.
 4107         12. A description of the enclosed, locked facility where
 4108  cannabis will be grown, harvested, manufactured, packaged, or
 4109  otherwise prepared for distribution to a dispensing organization
 4110  or other cannabis business establishment.
 4111         13. A survey of the enclosed, locked facility, including
 4112  the space used for cultivation.
 4113         14. Cultivation, processing, inventory, and packaging
 4114  plans.
 4115         15. A description of the applicant’s experience with
 4116  agricultural cultivation techniques and industry standards.
 4117         16. A list of any academic degrees, certifications, or
 4118  relevant experience of all prospective principal officers, board
 4119  members, and agents of the related business.
 4120         17. The identity of every person having a financial or
 4121  voting interest of 5 percent or greater in the craft grower
 4122  operation, whether a trust, corporation, partnership, limited
 4123  liability company, or sole proprietorship, including the name
 4124  and address of each.
 4125         18. A plan describing how the craft grower will address
 4126  each of the following:
 4127         a. Energy needs, including estimates of monthly electricity
 4128  and gas usage, to what extent it will procure energy from a
 4129  local utility or from on-site generation, and if it has or will
 4130  adopt a sustainable energy use and energy conservation policy;
 4131  and water needs, including estimated water draw and if it has or
 4132  will adopt a sustainable water use and water conservation
 4133  policy.
 4134         b. Waste management, including if it has or will adopt a
 4135  waste reduction policy.
 4136         19. A recycling plan, including provisions requiring that:
 4137         a. Purchaser packaging, including cartridges, be accepted
 4138  by the applicant and recycled.
 4139         b. Any recyclable waste generated by the craft grower
 4140  facility be recycled per applicable state and local laws,
 4141  ordinances, and rules.
 4142         c. All cannabis plant waste rendered unusable by grinding
 4143  and incorporating the cannabis plant waste with compostable
 4144  mixed waste to be disposed of or composted in accordance with
 4145  applicable solid waste laws.
 4146         20. A commitment to comply with local waste provisions. A
 4147  craft grower facility must remain in compliance with applicable
 4148  state and federal environmental requirements, including:
 4149         a. Storing, securing, and managing all recyclables and
 4150  waste, including organic waste composed of or containing
 4151  finished cannabis and cannabis products, in accordance with
 4152  applicable state and local laws, ordinances, and rules; and
 4153         b. Disposing of liquid waste containing cannabis or
 4154  byproducts of cannabis processing in compliance with all
 4155  applicable state and federal requirements, including, but not
 4156  limited to, the cannabis cultivation facility’s permits under
 4157  the Environmental Protection Act.
 4158         21. A commitment to a technology standard for resource
 4159  efficiency of the craft grower facility in which:
 4160         a. A craft grower facility commits to use resources
 4161  efficiently, including energy and water. For the following, a
 4162  cannabis cultivation facility must commit to meet or exceed the
 4163  following technology standards which may be modified by rule:
 4164         (I) Lighting systems, including light bulbs.
 4165         (II) HVAC system.
 4166         (III) Water application system for the crop.
 4167         (IV) Filtration system for removing contaminants from
 4168  wastewater.
 4169         b. The Lighting Power Densities (LPD) for cultivation space
 4170  does not exceed an average of 36 watts per gross square foot of
 4171  active and growing space canopy, or all installed lighting
 4172  technology meets a photosynthetic photon efficacy (PPE) of no
 4173  less than 2.2 micromoles per joule fixture and is featured on
 4174  the DesignLights Consortium (DLC) Horticultural Specification
 4175  Qualified Products List (QPL). In the event that DLC requirement
 4176  for minimum efficacy exceeds 2.2 micromoles per joule fixture,
 4177  that PPE shall become the new standard.
 4178         c.(I) For cannabis grow operations with less than 6,000
 4179  square feet of canopy, the licensee commits that all HVAC units
 4180  will be high-efficiency ductless split HVAC units, or other more
 4181  energy efficient equipment.
 4182         (II) For cannabis grow operations with 6,000 square feet of
 4183  canopy or more, the licensee commits that all HVAC units will be
 4184  variable refrigerant flow HVAC units, or other more energy
 4185  efficient equipment.
 4186         d. The craft grower facility commits to use automated
 4187  watering systems, including, but not limited to, drip irrigation
 4188  and flood tables, to irrigate cannabis crop and to measure
 4189  runoff from watering events and report this volume in its water
 4190  usage plan, and that on average, watering events shall have no
 4191  more than 20 percent of runoff of water.
 4192         e. The craft grower commits that HVAC condensate,
 4193  dehumidification water, excess runoff, and other wastewater
 4194  produced by the craft grower facility shall be captured and
 4195  filtered to the best of the facility’s ability to achieve the
 4196  quality needed to be reused in subsequent watering rounds.
 4197         f. Reporting energy use and efficiency as required by rule.
 4198         22. Any other information required by department rule.
 4199         (b) Applicants must submit all required information,
 4200  including the information required in subsection (3), to the
 4201  department. Failure by an applicant to submit all required
 4202  information may result in the application being disqualified.
 4203         (c) If the department receives an application with missing
 4204  information, the department may issue a deficiency notice to the
 4205  applicant. The applicant shall have 10 calendar days after the
 4206  date of the deficiency notice to resubmit the incomplete
 4207  information. Applications that are still incomplete after this
 4208  opportunity to cure will not be scored and will be disqualified.
 4209         (3) SCORING APPLICATIONS.—
 4210         (a) The department shall by rule develop a system to score
 4211  craft grower applications to administratively rank applications
 4212  based on the clarity, organization, and quality of the
 4213  applicant’s responses to required information. Applicants shall
 4214  be awarded points based on the following categories:
 4215         1. Suitability of the proposed facility.
 4216         2. Suitability of the employee training plan.
 4217         3. Security and recordkeeping.
 4218         4. Cultivation plan.
 4219         5. Product safety and labeling plan.
 4220         6. Business plan.
 4221         7. The applicant’s status as a social equity applicant,
 4222  which shall constitute no less than 20 percent of total
 4223  available points.
 4224         8. Labor and employment practices, which shall constitute
 4225  no less than 2 percent of total available points.
 4226         9. Environmental plans as described in
 4227  subparagraphs(2)(a)18. and 19.
 4228         10. The applicant is 51 percent or more owned and
 4229  controlled by an individual or individuals who have been a
 4230  resident of this state for the past 5 years as proved by tax
 4231  records.
 4232         11. The applicant is 51 percent or more controlled and
 4233  owned by an individual or individuals who meet the
 4234  qualifications of a veteran as defined in s. 1.01(14).
 4235         12. A diversity plan that includes a narrative of not more
 4236  than 2,500 words which establishes a goal of diversity in
 4237  ownership, management, employment, and contracting to ensure
 4238  that diverse participants and groups are afforded equality of
 4239  opportunity.
 4240         13. Any other criteria the department may set by rule for
 4241  points.
 4242         (b) The department may also award up to two bonus points
 4243  for the applicant’s plan to engage with the community. The
 4244  applicant may demonstrate a desire to engage with its community
 4245  by participating in one or more of the following actions or
 4246  other actions as determined by the department:
 4247         1. Establishment of an incubator program designed to
 4248  increase participation in the cannabis industry by persons who
 4249  would qualify as social equity applicants;
 4250         2. Providing financial assistance to substance abuse
 4251  treatment centers;
 4252         3. Educating children and teens about the potential harms
 4253  of cannabis use; or
 4254         4. Other measures demonstrating a commitment to the
 4255  applicant’s community. Bonus points will be awarded only if the
 4256  department receives applications that receive an equal score for
 4257  a particular region.
 4258         (c) Should the applicant be awarded a craft grower license,
 4259  the information and plans that an applicant provided in its
 4260  application, including any plans submitted for the acquiring of
 4261  bonus points, shall be a mandatory condition of the license. Any
 4262  variation from or failure to perform such plans may result in
 4263  discipline, including the revocation or nonrenewal of a license.
 4264         (d) Should the applicant be awarded a craft grower license,
 4265  the applicant shall pay the fee as provided in s. 566.801,
 4266  prorated, before receiving the license, to be deposited into the
 4267  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 4268         (4) ISSUANCE OF LICENSE TO CERTAIN PERSONS PROHIBITED.—
 4269         (a) A craft grower license issued by the department may not
 4270  be issued to a person who is licensed by any licensing authority
 4271  as a cultivation center, or to any partnership, corporation,
 4272  limited liability company, or trust or any subsidiary,
 4273  affiliate, or any other form of business enterprise having more
 4274  than 10 percent legal, equitable, or beneficial interest,
 4275  directly or indirectly, in a person licensed in this state as a
 4276  cultivation center, or to any principal officer, agent,
 4277  employee, or any other person with any form of ownership or
 4278  control over a cultivation center except for a person who owns
 4279  no more than 5 percent of the outstanding shares of a
 4280  cultivation center whose shares are publicly traded on an
 4281  exchange within the meaning of the Securities Exchange Act of
 4282  1934.
 4283         (b) A person who is licensed in this state as a craft
 4284  grower, or any partnership, corporation, limited liability
 4285  company, or trust or any subsidiary, affiliate, or agent
 4286  thereof, or any other form of business enterprise licensed in
 4287  this state as a craft grower may not have more than 10 percent
 4288  legal, equitable, or beneficial interest, directly or
 4289  indirectly, in a person licensed as a cultivation center, nor
 4290  shall any partnership, corporation, limited liability company,
 4291  or trust or any subsidiary, affiliate, or any other form of
 4292  business enterprise having any legal, equitable, or beneficial
 4293  interest, directly or indirectly, in a person licensed in this
 4294  state as a craft grower or a craft grower agent be a principal
 4295  officer, agent, employee, or natural person with any form of
 4296  ownership or control over a cultivation center except for a
 4297  person who owns no more than 5 percent of the outstanding shares
 4298  of a cultivation center whose shares are publicly traded on an
 4299  exchange within the meaning of the Securities Exchange Act of
 4300  1934.
 4301         (5) DENIAL OF APPLICATION.—An application for a craft
 4302  grower license must be denied if any of the following conditions
 4303  is met:
 4304         (a) The applicant failed to submit the materials required
 4305  by this section.
 4306         (b) The applicant would not be in compliance with local
 4307  zoning rules.
 4308         (c) One or more of the prospective principal officers or
 4309  board members causes a violation of subsection (4).
 4310         (d) One or more of the principal officers or board members
 4311  is under 21 years of age.
 4312         (e) The person has submitted an application for a license
 4313  under this chapter which contains false information.
 4314         (f) The licensee; principal officer, board member, or
 4315  person having a financial or voting interest of 5 percent or
 4316  greater in the licensee; or agent is delinquent in filing any
 4317  required tax returns or paying any amounts owed to this state.
 4318         (6) CRAFT GROWER REQUIREMENTS; PROHIBITIONS.—
 4319         (a) The operating documents of a craft grower must include
 4320  procedures for the oversight of the craft grower, a cannabis
 4321  plant monitoring system including a physical inventory recorded
 4322  weekly, accurate recordkeeping, and a staffing plan.
 4323         (b) A craft grower shall implement a security plan reviewed
 4324  by the Department of Law Enforcement that includes, but is not
 4325  limited to, facility access controls, perimeter intrusion
 4326  detection systems, personnel identification systems, and a 24
 4327  hour surveillance system to monitor the interior and exterior of
 4328  the craft grower facility and that is accessible to authorized
 4329  law enforcement and the department in real time.
 4330         (c) All cultivation of cannabis by a craft grower must take
 4331  place in an enclosed, locked facility at the physical address
 4332  provided to the department during the licensing process. The
 4333  craft grower location shall be accessed only by the agents
 4334  working for the craft grower, the department staff performing
 4335  inspections, the Department of Health staff performing
 4336  inspections, state and local law enforcement or other emergency
 4337  personnel, contractors working on jobs unrelated to cannabis,
 4338  such as installing or maintaining security devices or performing
 4339  electrical wiring, transporting organization agents as provided
 4340  in this chapter, or participants in the incubator program,
 4341  individuals in a mentoring or educational program approved by
 4342  the state, or other individuals as provided by rule. However, if
 4343  a craft grower shares a premises with an infuser or dispensing
 4344  organization, agents from those other licensees may access the
 4345  craft grower portion of the premises if that is the location of
 4346  common bathrooms, lunchrooms, locker rooms, or other areas of
 4347  the building where work or cultivation of cannabis is not
 4348  performed. At no time may an infuser or dispensing organization
 4349  agent perform work at a craft grower without being a registered
 4350  agent of the craft grower.
 4351         (d) A craft grower may not sell or distribute any cannabis
 4352  to any person other than a cultivation center, a craft grower,
 4353  an infuser organization, a dispensing organization, or as
 4354  otherwise authorized by rule.
 4355         (e) A craft grower may not be located in an area zoned for
 4356  residential use.
 4357         (f) A craft grower may not either directly or indirectly
 4358  discriminate in price between different cannabis business
 4359  establishments that are purchasing a like grade, strain, brand,
 4360  and quality of cannabis or cannabis-infused product. Nothing in
 4361  this paragraph prevents a craft grower from pricing cannabis
 4362  differently based on differences in the cost of manufacturing or
 4363  processing, the quantities sold, such as volume discounts, or
 4364  the way the products are delivered.
 4365         (g) All cannabis harvested by a craft grower and intended
 4366  for distribution to a dispensing organization must be entered
 4367  into a data collection system, packaged and labeled as required
 4368  by law, and, if distribution is to a dispensing organization
 4369  that does not share a premises with the dispensing organization
 4370  receiving the cannabis, placed into a cannabis container for
 4371  transport. All cannabis harvested by a craft grower and intended
 4372  for distribution to a cultivation center, to an infuser
 4373  organization, or to a craft grower with which it does not share
 4374  a premises must be packaged in a labeled cannabis container and
 4375  entered into a data collection system before transport.
 4376         (h) Craft growers are subject to random inspections by the
 4377  department, local safety or health inspectors, and the
 4378  Department of Law Enforcement.
 4379         (i) A craft grower agent shall notify local law
 4380  enforcement, the Department of Law Enforcement, and the
 4381  department within 24 hours after the discovery of any loss or
 4382  theft. Notification shall be made by phone, in person, or
 4383  written or electronic communication.
 4384         (j) A craft grower shall comply with all state and any
 4385  applicable federal rules and regulations regarding the use of
 4386  pesticides.
 4387         (k) A craft grower or craft grower agent may not transport
 4388  cannabis or cannabis-infused products to any other cannabis
 4389  business establishment without a transport organization license
 4390  unless:
 4391         1. If the craft grower is located in a county with a
 4392  population of 3 million or more, the cannabis business
 4393  establishment receiving the cannabis is within 2,000 feet of the
 4394  property line of the craft grower;
 4395         2. If the craft grower is located in a county with a
 4396  population of more than 700,000 but fewer than 3 million, the
 4397  cannabis business establishment receiving the cannabis is within
 4398  2 miles of the craft grower; or
 4399         3. If the craft grower is located in a county with a
 4400  population of fewer the 700,000, the cannabis business
 4401  establishment receiving the cannabis is within 15 miles of the
 4402  craft grower.
 4403         (l) A craft grower may enter into a contract with a
 4404  transporting organization to transport cannabis to a cultivation
 4405  center, a craft grower, an infuser organization, a dispensing
 4406  organization, or a laboratory.
 4407         (m) No person or entity shall hold any legal, equitable,
 4408  ownership, or beneficial interest, directly or indirectly, of
 4409  more than three craft grower licenses. Further, no person or
 4410  entity that is employed by, an agent of, or has a contract to
 4411  receive payment from or participate in the management of, a
 4412  craft grower is a principal officer of a craft grower, or entity
 4413  controlled by or affiliated with a principal officer of a craft
 4414  grower shall hold any legal, equitable, ownership, or beneficial
 4415  interest, directly or indirectly, in a craft grower license that
 4416  would result in the person or entity owning or controlling in
 4417  combination with any craft grower, principal officer of a craft
 4418  grower, or entity controlled or affiliated with a principal
 4419  officer of a craft grower by which he, she, or it is employed,
 4420  is an agent of, or participates in the management of more than
 4421  three craft grower licenses.
 4422         (n) It is unlawful for any person having a craft grower
 4423  license or any officer, associate, member, representative, or
 4424  agent of the licensee to offer or deliver money, or anything
 4425  else of value, directly or indirectly, to any person having an
 4426  early approval adult use dispensing organization license, a
 4427  conditional adult use dispensing organization license, an adult
 4428  use dispensing organization license, or a medical marijuana
 4429  treatment center, or to any person connected with or in any way
 4430  representing, or to any member of the family of, the person
 4431  holding an early approval adult use dispensing organization
 4432  license, a conditional adult use dispensing organization
 4433  license, an adult use dispensing organization license, or a
 4434  medical marijuana treatment center, or to any stockholders in
 4435  any corporation engaged in the retail sale of cannabis, or to
 4436  any officer, manager, agent, or representative of the early
 4437  approval adult use dispensing organization license, a
 4438  conditional adult use dispensing organization license, an adult
 4439  use dispensing organization license, or a medical marijuana
 4440  treatment center to obtain preferential placement within the
 4441  dispensing organization, including, without limitation, on
 4442  shelves and in display cases where purchasers can view products,
 4443  or on the dispensing organization’s website.
 4444         (o) A craft grower may not be located within 1,500 feet of
 4445  another craft grower or a cultivation center.
 4446         (p) A craft grower may process cannabis, cannabis
 4447  concentrates, and cannabis-infused products. Cannabis
 4448  concentrate may be made with propylene glycol, glycerin, butter,
 4449  olive oil or other typical cooking fats; water, ice, or dry ice;
 4450  or butane, propane, carbon dioxide, ethanol, or isopropanol. The
 4451  use of any other solvent is expressly prohibited unless it is
 4452  approved by the department.
 4453         (q) A craft grower must comply with any other requirements
 4454  or prohibitions set by administrative rule of the department.
 4455         (7) IDENTIFICATION CARD.—
 4456         (a) The department shall:
 4457         1. Establish by rule the information required in an initial
 4458  application or renewal application for an agent identification
 4459  card submitted under this section and the nonrefundable fee to
 4460  accompany the initial application or renewal application.
 4461         2. Verify the information contained in an initial
 4462  application or renewal application for an agent identification
 4463  card submitted under this section and approve or deny an
 4464  application within 30 days after receiving a completed initial
 4465  application or renewal application and all supporting
 4466  documentation required by rule.
 4467         3. Issue an agent identification card to a qualifying agent
 4468  within 15 business days after approving the initial application
 4469  or renewal application.
 4470         4. Enter the license number of the craft grower where the
 4471  agent works, allow for an electronic initial application and
 4472  renewal application process, and provide a confirmation by
 4473  electronic or other methods that an application has been
 4474  submitted. The department may by rule require prospective agents
 4475  to file their applications by electronic means and provide
 4476  notices to the agents by electronic means.
 4477         (b) An agent must keep his or her identification card
 4478  visible at all times when on the property of a cannabis business
 4479  establishment, including the craft grower organization for which
 4480  he or she is an agent.
 4481         (c) The agent identification cards shall contain the
 4482  following:
 4483         1. The name of the cardholder.
 4484         2. The date of issuance and expiration date of the
 4485  identification card.
 4486         3. A random 10-digit alphanumeric identification number
 4487  containing at least four numbers and at least four letters that
 4488  is unique to the holder.
 4489         4. A photograph of the cardholder.
 4490         5. The legal name of the craft grower organization
 4491  employing the agent.
 4492         (d) An agent identification card shall be immediately
 4493  returned to the cannabis business establishment of the agent
 4494  upon termination of his or her employment.
 4495         (e) Any agent identification card lost by a craft grower
 4496  agent shall be reported to the Department of Law Enforcement and
 4497  the department immediately upon discovery of the loss.
 4498         (8) BACKGROUND CHECKS.—
 4499         (a) Through the Department of Law Enforcement, the
 4500  department shall conduct a background check of the prospective
 4501  principal officers, board members, and agents of a craft grower
 4502  applying for a license or identification card under this
 4503  section. The Department of Law Enforcement may charge a fee as
 4504  provided in s. 943.053. In order to carry out this section, each
 4505  craft grower organization’s prospective principal officer, board
 4506  member, or agent shall submit a full set of fingerprints to the
 4507  Department of Law Enforcement for the purpose of obtaining a
 4508  state and federal criminal records check. These fingerprints
 4509  shall be checked against the fingerprint records now and
 4510  hereafter, to the extent allowed by law, and filed in the
 4511  Department of Law Enforcement and Federal Bureau of
 4512  Investigation criminal history records databases. The Department
 4513  of Law Enforcement shall furnish, following positive
 4514  identification, all conviction information to the department.
 4515         (b) When applying for the initial license or identification
 4516  card, the background checks for all prospective principal
 4517  officers, board members, and agents shall be completed before
 4518  submitting the application to the licensing or issuing agency.
 4519         (9) RENEWAL OF LICENSES AND IDENTIFICATION CARDS.—
 4520         (a) Licenses and identification cards issued under this
 4521  section shall be renewed annually. A craft grower shall receive
 4522  written or electronic notice 90 days before the expiration of
 4523  its current license that the license will expire. The department
 4524  shall grant a renewal within 45 days after submission of a
 4525  renewal application if:
 4526         1. The craft grower submits a renewal application and the
 4527  required nonrefundable renewal fee as provided in s. 566.801.
 4528         2. The department has not suspended the license of the
 4529  craft grower or suspended or revoked the license for violating
 4530  this section or rules adopted under this section.
 4531         3. The craft grower has continued to operate in accordance
 4532  with all plans submitted as part of its application and approved
 4533  by the department or any amendments thereto that have been
 4534  approved by the department.
 4535         4. The craft grower has submitted an agent, employee,
 4536  contracting, and subcontracting diversity report as required by
 4537  the department.
 4538         5. The craft grower has submitted an environmental impact
 4539  report.
 4540         (b) If a craft grower fails to renew its license before
 4541  expiration, it shall cease operations until its license is
 4542  renewed.
 4543         (c) If a craft grower agent fails to renew his or her
 4544  identification card before its expiration, he or she shall cease
 4545  to work as an agent of the craft grower organization until his
 4546  or her identification card is renewed.
 4547         (d) Any craft grower that continues to operate, or any
 4548  craft grower agent who continues to work as an agent, after the
 4549  applicable license or identification card has expired without
 4550  renewal is subject to the penalties provided under s. 566.4701.
 4551         (e) All fees or fines collected from the renewal of a craft
 4552  grower license shall be deposited into the Alcoholic Beverage,
 4553  Marijuana, and Tobacco Trust Fund.
 4554         566.405 Infuser organizations.—
 4555         (1) ISSUANCE OF LICENSES.—
 4556         (a) The department shall issue up to 40 infuser licenses
 4557  through a process provided for in this section no later than
 4558  July 1, 2023.
 4559         (b) The department shall make the application for infuser
 4560  licenses available on January 7, 2023, and on every January 7
 4561  thereafter, and shall receive such applications by March 15,
 4562  2023, and on every March 15 thereafter. If any of the dates fall
 4563  on a weekend or holiday, the first business day immediately
 4564  succeeding the weekend or holiday applies.
 4565         (c) By December 21, 2024, the department may issue up to 60
 4566  additional infuser licenses. Before issuing such licenses, the
 4567  department may adopt rules through emergency rulemaking to
 4568  modify or raise the number of infuser licenses and modify or
 4569  change the licensing application process to reduce or eliminate
 4570  barriers. In determining whether to exercise the authority
 4571  granted by this subsection, the department must consider the
 4572  following factors:
 4573         1. The percentage of cannabis sales occurring in this
 4574  states not in the regulated market using the best available data
 4575  to ascertain total cannabis consumption in this state compared
 4576  to the amount of sales in licensed dispensing organizations.
 4577         2. Whether there is an adequate supply of cannabis and
 4578  cannabis-infused products to serve registered qualified
 4579  patients.
 4580         3. Whether there is an adequate supply of cannabis and
 4581  cannabis-infused products to serve purchasers.
 4582         4. Whether there is an oversupply of cannabis in this state
 4583  leading to trafficking of cannabis to states where the sale of
 4584  cannabis is not authorized by law.
 4585         5. Population increases or shifts.
 4586         6. Changes to federal law.
 4587         7. Perceived security risks of increasing the number or
 4588  location of infuser organizations.
 4589         8. The past security record of infuser organizations.
 4590         9. The department’s capacity to appropriately regulate
 4591  additional licensees.
 4592         10. The reduction or elimination of any identified barriers
 4593  to entry in the cannabis industry.
 4594         11. Any other criteria the department deems relevant.
 4595         (d) After January 1, 2023, the department may by rule
 4596  modify or raise the number of infuser licenses, and modify or
 4597  change the licensing application process to reduce or eliminate
 4598  barriers based on the criteria in paragraph (c).
 4599         (2) APPLICATION.—
 4600         (a) When applying for a license, the applicant shall
 4601  electronically submit the following in such form as the
 4602  department may direct:
 4603         1. The nonrefundable application fee as provided in s.
 4604  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 4605  and Tobacco Trust Fund.
 4606         2. The legal name of the infuser.
 4607         3. The proposed physical address of the infuser.
 4608         4. The name, address, social security number, and date of
 4609  birth of each principal officer and board member of the infuser,
 4610  each of whom must be at least 21 years of age.
 4611         5. The details of any administrative or judicial proceeding
 4612  in which any of the principal officers or board members of the
 4613  infuser:
 4614         a. Pled guilty, were convicted, were fined, or had a
 4615  registration or license suspended or revoked; or
 4616         b. Managed or served on the board of a business or
 4617  nonprofit organization that pled guilty, was convicted, was
 4618  fined, or had a registration or license suspended or revoked.
 4619         6. Proposed operating bylaws that include procedures for
 4620  the oversight of the infuser, including the development and
 4621  implementation of a plant monitoring system, accurate
 4622  recordkeeping, staffing plan, and security plan approved by the
 4623  Department of Law Enforcement which are in accordance with the
 4624  rules issued by the department under this section. A physical
 4625  inventory of all cannabis shall be performed on a weekly basis
 4626  by the infuser.
 4627         7. Verification from the Department of Law Enforcement that
 4628  all background checks of the prospective principal officers,
 4629  board members, and agents of the infuser organization have been
 4630  conducted.
 4631         8. A copy of the current local zoning ordinance and
 4632  verification that the proposed infuser is in compliance with the
 4633  local zoning rules and distance limitations established by the
 4634  local jurisdiction.
 4635         9. Proposed employment practices, in which the applicant
 4636  must demonstrate a plan of action to inform, hire, and educate
 4637  minorities, women, veterans, and persons with disabilities,
 4638  engage in fair labor practices, and provide worker protections.
 4639         10. Whether an applicant can demonstrate experience in or
 4640  business practices that promote economic empowerment in
 4641  disproportionately impacted areas.
 4642         11. Experience with infusing products with cannabis
 4643  concentrate.
 4644         12. A description of the enclosed, locked facility where
 4645  cannabis will be infused, packaged, or otherwise prepared for
 4646  distribution to a dispensing organization or other infuser.
 4647         13. Processing, inventory, and packaging plans.
 4648         14. A description of the applicant’s experience with
 4649  operating a commercial kitchen or laboratory preparing products
 4650  for human consumption.
 4651         15. A list of any academic degrees, certifications, or
 4652  relevant experience of all prospective principal officers, board
 4653  members, and agents of the related business.
 4654         16. The identity of every person having a financial or
 4655  voting interest of 5 percent or greater in the infuser operation
 4656  with respect to which the license is sought, whether a trust,
 4657  corporation, partnership, limited liability company, or sole
 4658  proprietorship, including the name and address of each.
 4659         17. A plan describing how the infuser will address each of
 4660  the following:
 4661         a. Energy needs, including estimates of monthly electricity
 4662  and gas usage, to what extent it will procure energy from a
 4663  local utility or from on-site generation, and if it has or will
 4664  adopt a sustainable energy use and energy conservation policy.
 4665         b. Water needs, including estimated water draw, and if it
 4666  has or will adopt a sustainable water use and water conservation
 4667  policy.
 4668         c. Waste management, including adoption of a waste
 4669  reduction policy.
 4670         18. A recycling plan that requires:
 4671         a. A commitment that any recyclable waste generated by the
 4672  infuser will be recycled per applicable state and local laws,
 4673  ordinances, and rules; and
 4674         b. A commitment to comply with local waste provisions. An
 4675  infuser must commit to remain in compliance with applicable
 4676  state and federal environmental requirements, including, but not
 4677  limited to, storing, securing, and managing all recyclables and
 4678  waste, including organic waste composed of or containing
 4679  finished cannabis and cannabis products, in accordance with
 4680  applicable state and local laws, ordinances, and rules.
 4681         19. Any other information required by rule.
 4682         (b) Applicants must submit all required information,
 4683  including the information required in subsection (3), to the
 4684  department. Failure by an applicant to submit all required
 4685  information may result in the application being disqualified.
 4686         (c) If the department receives an application with missing
 4687  information, the department may issue a deficiency notice to the
 4688  applicant. The applicant shall have 10 calendar days from the
 4689  date of the deficiency notice to resubmit the incomplete
 4690  information. Applications that are still incomplete after this
 4691  opportunity to cure will not be scored and will be disqualified.
 4692         (3) ISSUING LICENSES.—
 4693         (a) The department shall by rule develop a system to score
 4694  infuser applications to administratively rank applications based
 4695  on the clarity, organization, and quality of the applicant’s
 4696  responses to required information. Applicants shall be awarded
 4697  points based on the following categories:
 4698         1. Suitability of the proposed facility.
 4699         2. Suitability of the employee training plan.
 4700         3. Security and recordkeeping plan.
 4701         4. Infusing plan.
 4702         5. Product safety and labeling plan.
 4703         6. Business plan.
 4704         7. The applicant’s status as a social equity applicant,
 4705  which shall constitute no less than 20 percent of total
 4706  available points.
 4707         8. Labor and employment practices, which shall constitute
 4708  no less than 2 percent of total available points.
 4709         9. Environmental plans as described in subparagraphs
 4710  (2)(a)17. and 18.
 4711         10. The applicant is 51 percent or more owned and
 4712  controlled by an individual or individuals who have been a
 4713  resident of this state for the past 5 years as proved by tax
 4714  records.
 4715         11. The applicant is 51 percent or more controlled and
 4716  owned by an individual or individuals who meet the
 4717  qualifications of a veteran as defined in s. 1.01(14).
 4718         12. A diversity plan that includes a narrative of not more
 4719  than 2,500 words which establishes a goal of diversity in
 4720  ownership, management, employment, and contracting to ensure
 4721  that diverse participants and groups are afforded equality of
 4722  opportunity.
 4723         13. Any other criteria the department may set by rule for
 4724  points.
 4725         (b) The department may also award up to two bonus points
 4726  for the applicant’s plan to engage with the community. The
 4727  applicant may demonstrate a desire to engage with its community
 4728  by participating in one or more of, but not limited to, the
 4729  following actions:
 4730         1. Establishment of an incubator program designed to
 4731  increase participation in the cannabis industry by persons who
 4732  would qualify as social equity applicants;
 4733         2. Providing financial assistance to substance abuse
 4734  treatment centers;
 4735         3. Educating children and teens about the potential harms
 4736  of cannabis use; or
 4737         4. Other measures demonstrating a commitment to the
 4738  applicant’s community. Bonus points will only be awarded if the
 4739  department receives applications that receive an equal score for
 4740  a particular region.
 4741         (c) Should the applicant be awarded an infuser license, the
 4742  information and plans that an applicant provided in its
 4743  application, including any plans submitted for the acquiring of
 4744  bonus points, becomes a mandatory condition of the permit. Any
 4745  variation from or failure to perform such plans may result in
 4746  discipline, including the revocation or nonrenewal of a license.
 4747         (d) Should the applicant be awarded an infuser organization
 4748  license, the applicant shall pay a fee as provided in s. 566.801
 4749  before receiving the license, to be deposited into the Alcoholic
 4750  Beverage, Marijuana, and Tobacco Trust Fund.
 4751         (4) DENIAL OF APPLICATION.—An application for an infuser
 4752  license shall be denied if any of the following conditions are
 4753  met:
 4754         (a) The applicant failed to submit the materials required
 4755  by this section.
 4756         (b) The applicant would not be in compliance with local
 4757  zoning rules or permit requirements.
 4758         (c) One or more of the prospective principal officers or
 4759  board members causes a violation of subsection (5).
 4760         (d) One or more of the principal officers or board members
 4761  is under 21 years of age.
 4762         (e) The person has submitted an application for a license
 4763  under this chapter which contains false information.
 4764         (f) If the licensee; principal officer, board member, or
 4765  person having a financial or voting interest of 5 percent or
 4766  greater in the licensee; or agent is delinquent in filing any
 4767  required tax returns or paying any amounts owed to the state.
 4768         (5) INFUSER ORGANIZATION REQUIREMENTS; PROHIBITIONS.—
 4769         (a) The operating documents of an infuser shall include
 4770  procedures for the oversight of the infuser, an inventory
 4771  monitoring system, including a physical inventory recorded
 4772  weekly, accurate recordkeeping, and a staffing plan.
 4773         (b) An infuser shall implement a security plan reviewed by
 4774  the Department of Law Enforcement which includes, but is not
 4775  limited to, facility access controls, perimeter intrusion
 4776  detection systems, personnel identification systems, and a 24
 4777  hour surveillance system to monitor the interior and exterior of
 4778  the infuser facility and which is accessible to authorized law
 4779  enforcement, the Department of Health, and the department in
 4780  real time.
 4781         (c) All processing of cannabis by an infuser must take
 4782  place in an enclosed, locked facility at the physical address
 4783  provided to the department during the licensing process. The
 4784  infuser location shall only be accessed by the agents working
 4785  for the infuser, the department staff performing inspections,
 4786  the Department of Health staff performing inspections, state and
 4787  local law enforcement or other emergency personnel, contractors
 4788  working on jobs unrelated to cannabis, such as installing or
 4789  maintaining security devices or performing electrical wiring,
 4790  transporting organization agents as provided in this chapter,
 4791  participants in the incubator program, individuals in a
 4792  mentoring or educational program approved by the state, local
 4793  safety or health inspectors, or other individuals as provided by
 4794  rule. However, if an infuser shares a premises with a craft
 4795  grower or dispensing organization, agents from these other
 4796  licensees may access the infuser portion of the premises if that
 4797  is the location of common bathrooms, lunchrooms, locker rooms,
 4798  or other areas of the building where processing of cannabis is
 4799  not performed. At no time may a craft grower or dispensing
 4800  organization agent perform work at an infuser without being a
 4801  registered agent of the infuser.
 4802         (d) An infuser may not sell or distribute any cannabis to
 4803  any person other than a dispensing organization, or as otherwise
 4804  authorized by rule.
 4805         (e) An infuser may not either directly or indirectly
 4806  discriminate in price between different cannabis business
 4807  establishments that are purchasing a like grade, strain, brand,
 4808  and quality of cannabis or cannabis-infused product. Nothing in
 4809  this paragraph prevents an infuser from pricing cannabis
 4810  differently based on differences in the cost of manufacturing or
 4811  processing, the quantities sold, such volume discounts, or the
 4812  way the products are delivered.
 4813         (f) All cannabis infused by an infuser and intended for
 4814  distribution to a dispensing organization must be entered into a
 4815  data collection system, packaged and labeled under s. 566.4805,
 4816  and, if distribution is to a dispensing organization that does
 4817  not share a premises with the infuser, placed into a cannabis
 4818  container for transport. All cannabis produced by an infuser and
 4819  intended for distribution to a cultivation center, infuser
 4820  organization, or craft grower with which it does not share a
 4821  premises, must be packaged in a labeled cannabis container and
 4822  entered into a data collection system before transport.
 4823         (g) Infusers are subject to random inspections by the
 4824  department, the Department of Health, the Department of Law
 4825  Enforcement, and local law enforcement.
 4826         (h) An infuser agent shall notify local law enforcement,
 4827  the Department of Law Enforcement, and the department within 24
 4828  hours of the discovery of any loss or theft. Notification shall
 4829  be made by phone, in person, or by written or electronic
 4830  communication.
 4831         (i) An infuser organization may not be located in an area
 4832  zoned for residential use.
 4833         (j) An infuser or infuser agent may not transport cannabis
 4834  or cannabis-infused products to any other cannabis business
 4835  establishment without a transport organization license unless:
 4836         1. If the infuser is located in a county with a population
 4837  of 3 million or more, the cannabis business establishment
 4838  receiving the cannabis or cannabis-infused product is within
 4839  2,000 feet of the property line of the infuser;
 4840         2. If the infuser is located in a county with a population
 4841  of more than 700,000 but fewer than 3 million, the cannabis
 4842  business establishment receiving the cannabis or cannabis
 4843  infused product is within 2 miles of the infuser; or
 4844         3. If the infuser is located in a county with a population
 4845  of 700,000 or fewer, the cannabis business establishment
 4846  receiving the cannabis or cannabis-infused product is within 15
 4847  miles of the infuser.
 4848         (k) An infuser may enter into a contract with a
 4849  transporting organization to transport cannabis to a dispensing
 4850  organization or a laboratory.
 4851         (l) An infuser organization may share premises with a craft
 4852  grower or a dispensing organization, or both, provided each
 4853  licensee stores currency and cannabis or cannabis-infused
 4854  products in a separate secured vault to which the other licensee
 4855  does not have access or all licensees sharing a vault share more
 4856  than 50 percent of the same ownership.
 4857         (m) It is unlawful for any person or entity having an
 4858  infuser organization license or any officer, associate, member,
 4859  representative, or agent of such licensee to offer or deliver
 4860  money, or anything else of value, directly or indirectly, to any
 4861  person having an early approval adult use dispensing
 4862  organization license, a conditional adult use dispensing
 4863  organization license, an adult use dispensing organization
 4864  license, or a medical marijuana treatment center license, or to
 4865  any person connected with or in any way representing, or to any
 4866  member of the family of, such person holding an early approval
 4867  adult use dispensing organization license, a conditional adult
 4868  use dispensing organization license, an adult use dispensing
 4869  organization license, or a medical marijuana treatment center
 4870  license, or to any stockholders in any corporation engaged in
 4871  the retail sales of cannabis, or to any officer, manager, agent,
 4872  or representative of the early approval adult use dispensing
 4873  organization license, a conditional adult use dispensing
 4874  organization license, an adult use dispensing organization
 4875  license, or a medical marijuana treatment center license to
 4876  obtain preferential placement within the dispensing
 4877  organization, including, without limitation, on shelves and in
 4878  display cases where purchasers can view products, or on the
 4879  dispensing organization’s website.
 4880         (n) At no time shall an infuser organization or an infuser
 4881  agent perform the extraction of cannabis concentrate from
 4882  cannabis flower.
 4883         (6) IDENTIFICATION CARD.—
 4884         (a) The department shall:
 4885         1. Establish by rule the information required in an initial
 4886  application or renewal application for an agent identification
 4887  card submitted under this section and the nonrefundable fee to
 4888  accompany the initial application or renewal application.
 4889         2. Verify the information contained in an initial
 4890  application or renewal application for an agent identification
 4891  card submitted under this section and approve or deny an
 4892  application within 30 days after receiving a completed
 4893  application and all supporting documentation required by rule.
 4894         3. Issue an agent identification card to a qualifying agent
 4895  within 15 business days after approving the initial application
 4896  or renewal application.
 4897         4. Enter the license number of the infuser where the agent
 4898  works.
 4899         5. Allow for an electronic initial application and renewal
 4900  application process, and provide a confirmation by electronic or
 4901  other methods that an application has been submitted. The
 4902  department may by rule require prospective agents to file their
 4903  applications by electronic means and provide notices to the
 4904  agents by electronic means.
 4905         (b) An agent must keep his or her identification card
 4906  visible at all times when on the property of a cannabis business
 4907  establishment including the cannabis business establishment for
 4908  which he or she is an agent.
 4909         (c) The agent identification cards must contain all of the
 4910  following:
 4911         1. The name of the cardholder.
 4912         2. The date of issuance and expiration date of the
 4913  identification card.
 4914         3. A random 10-digit alphanumeric identification number
 4915  containing at least four numbers and at least four letters that
 4916  is unique to the holder.
 4917         4. A photograph of the cardholder.
 4918         5. The legal name of the infuser organization employing the
 4919  agent.
 4920         (d) An agent identification card must be immediately
 4921  returned to the infuser organization of the agent upon
 4922  termination of his or her employment.
 4923         (e) Any agent identification card lost by a transporting
 4924  agent must be reported to the Department of Law Enforcement and
 4925  the department immediately upon discovery of the loss.
 4926         (7) ENSURING AN ADEQUATE SUPPLY OF RAW MATERIALS.—
 4927         (a) As used in this subsection, the term “raw materials”
 4928  means carbon dioxide, hash oil, crude, distillate, or any other
 4929  cannabis concentrate extracted from cannabis flower by use of a
 4930  solvent or a mechanical process.
 4931         (b) The department may by rule design a method for
 4932  assessing whether licensed infusers have access to an adequate
 4933  supply of reasonably affordable raw materials, which may
 4934  include, but need not be limited to, any of the following:
 4935         1. A survey of infusers.
 4936         2. A market study on the sales trends of cannabis-infused
 4937  products manufactured by infusers.
 4938         3. The costs cultivation centers and craft growers assume
 4939  for the raw materials they use in any cannabis-infused products
 4940  they manufacture.
 4941         (c) The department shall perform an assessment of whether
 4942  infusers have access to an adequate supply of reasonably
 4943  affordable raw materials beginning on or after January 1, 2024,
 4944  and concluding by April 1, 2026.
 4945         (d) The department may by rule adopt measures to ensure
 4946  that infusers have access to an adequate supply of reasonably
 4947  affordable raw materials necessary for the manufacture of
 4948  cannabis-infused products. Such measures may include, but need
 4949  not be limited to, requiring cultivation centers and craft
 4950  growers to set aside a minimum amount of raw materials for the
 4951  wholesale market or enabling infusers to apply for a processor
 4952  license to extract raw materials from cannabis flower.
 4953         (e) If the department decides to make processor licenses
 4954  available to infuser organizations based on its findings under
 4955  paragraph (d), infuser organizations may apply to the department
 4956  for a processor license on forms provided by the department. An
 4957  infuser organization must include all of the following
 4958  information as part of its application for a processor license:
 4959         1. A description of the applicant’s experience with the
 4960  extraction, processing, or infusing of oils similar to those
 4961  derived from cannabis or with other business practices to be
 4962  performed by the infuser.
 4963         2. A description of the applicant’s experience with
 4964  manufacturing equipment and chemicals to be used in processing.
 4965         3. A description of the applicant’s expertise in any
 4966  relevant scientific fields.
 4967         4. A commitment from the applicant that any cannabis waste,
 4968  liquid waste, or hazardous waste will be disposed of in
 4969  accordance with applicable laws and that all cannabis plant
 4970  waste will be rendered unusable by grinding and incorporating
 4971  the cannabis plant waste with compostable mixed waste to be
 4972  disposed of or composted in accordance with applicable laws.
 4973         5. Any other information the department deems relevant.
 4974         (f) The department may issue a processor license to an
 4975  infusing organization only if, based on the information provided
 4976  under paragraph (e) and any other criteria set by the
 4977  department, which may include, but need not be limited to, an
 4978  inspection of the site where processing would occur, the
 4979  department is reasonably certain the infusing organization will
 4980  process cannabis in a safe and compliant manner.
 4981         (8) BACKGROUND CHECKS.—
 4982         (a) Through the Department of Law Enforcement, the
 4983  department shall conduct a background check of the prospective
 4984  principal officers, board members, and agents of an infuser
 4985  applying for a license or identification card under this
 4986  section. The Department of Law Enforcement may charge a fee as
 4987  provided in s. 943.053. In order to carry out this provision,
 4988  each infuser organization’s prospective principal officer, board
 4989  member, or agent shall submit a full set of fingerprints to the
 4990  Department of Law Enforcement for the purpose of obtaining a
 4991  state and federal criminal records check. These fingerprints
 4992  shall be checked against the fingerprint records now and
 4993  hereafter, to the extent allowed by law, filed in the Department
 4994  of Law Enforcement and Federal Bureau of Investigation criminal
 4995  history records databases. The Department of Law Enforcement
 4996  shall furnish, following positive identification, all conviction
 4997  information to the department.
 4998         (b) When applying for the initial license or identification
 4999  card, the background checks for all prospective principal
 5000  officers, board members, and agents shall be completed before
 5001  submitting the application to the licensing or issuing agency.
 5002         (9) RENEWAL OF LICENSES AND IDENTIFICATION CARDS.—
 5003         (a) Licenses and identification cards issued under this
 5004  section shall be renewed annually. An infuser organization must
 5005  be provided written or electronic notice 90 days before the
 5006  expiration of its current license that the license will expire.
 5007  The department shall grant a renewal within 45 days after
 5008  submission of a completed renewal application if:
 5009         1. The infuser organization submits a completed renewal
 5010  application and the required nonrefundable renewal fee as
 5011  provided in s. 566.801 to be deposited into the Alcoholic
 5012  Beverage, Marijuana, and Tobacco Trust Fund.
 5013         2. The department has not suspended or revoked the license
 5014  of the infuser organization for violating this section or rules
 5015  adopted under this section.
 5016         3. The infuser organization has continued to operate in
 5017  accordance with all plans submitted as part of its application
 5018  and approved by the department or any amendments thereto that
 5019  have been approved by the department.
 5020         4. The infuser has submitted an agent, employee,
 5021  contracting, and subcontracting diversity report as required by
 5022  the department.
 5023         5. The infuser has submitted an environmental impact
 5024  report.
 5025         (b) If an infuser organization fails to renew its license
 5026  before expiration, it must cease operations until its license is
 5027  renewed.
 5028         (c) If an infuser organization agent fails to renew his or
 5029  her identification card before its expiration, he or she must
 5030  cease working as an agent of the infuser organization until his
 5031  or her identification card is renewed.
 5032         (d) Any infuser organization that continues to operate or
 5033  any infuser organization agent who continues to work as an agent
 5034  after the applicable license or identification card has expired
 5035  without renewal is subject to the penalties provided under
 5036  subsection (5).
 5037         (e) The department may not renew a license or an agent
 5038  identification card if the applicant is delinquent in filing any
 5039  required tax returns or paying any amounts owed to the state.
 5040         566.4501 Transporting organizations.—
 5041         (1) ISSUANCE OF LICENSES.—
 5042         (a) By July 1, 2023, the department shall issue
 5043  transporting licenses through a process provided for in this
 5044  section.
 5045         (b) The department shall make the application for
 5046  transporting organization licenses available on January 7, 2023,
 5047  and shall receive such applications no later than March 15,
 5048  2023. Thereafter, the department shall make available such
 5049  applications on every January 7 thereafter, or if that date
 5050  falls on a weekend or holiday, the business day immediately
 5051  succeeding the weekend or holiday and shall receive such
 5052  applications no later than March 15 or the succeeding business
 5053  day thereafter.
 5054         (2) APPLICATION.—
 5055         (a) When applying for a transporting organization license,
 5056  the applicant shall electronically submit the following in such
 5057  form as the department may direct:
 5058         1. The nonrefundable application fee as provided in s.
 5059  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 5060  and Tobacco Trust Fund.
 5061         2. The legal name of the transporting organization.
 5062         3. The proposed physical address of the transporting
 5063  organization, if one is proposed.
 5064         4. The name, address, social security number, and date of
 5065  birth of each principal officer and board member of the
 5066  transporting organization; each principal officer and board
 5067  member shall be at least 21 years of age.
 5068         5. The details of any administrative or judicial proceeding
 5069  in which any of the principal officers or board members of the
 5070  transporting organization:
 5071         a. Pled guilty, was convicted, was fined, or had a
 5072  registration or license suspended or revoked; or
 5073         b. Managed or served on the board of a business or
 5074  nonprofit organization that pled guilty, was convicted, was
 5075  fined, or had a registration or license suspended or revoked.
 5076         6. Proposed operating bylaws that include procedures for
 5077  the oversight of the transporting organization, including the
 5078  development and implementation of an accurate recordkeeping
 5079  plan, staffing plan, and security plan approved by the
 5080  Department of Law Enforcement which are in accordance with the
 5081  rules issued by the department under this section. The
 5082  transporting organization shall perform a physical inventory on
 5083  all cannabis on a weekly basis.
 5084         7. Verification from the Department of Law Enforcement that
 5085  all background checks of the prospective principal officers,
 5086  board members, and agents of the transporting organization have
 5087  been conducted.
 5088         8. A copy of the current local zoning ordinance or permit
 5089  and verification that the proposed transporting organization is
 5090  in compliance with the local zoning rules and distance
 5091  limitations established by the local jurisdiction, if the
 5092  transporting organization has a business address.
 5093         9. Proposed employment practices, in which the applicant
 5094  must demonstrate a plan of action to inform, hire, and educate
 5095  minorities, women, veterans, and persons with disabilities,
 5096  engage in fair labor practices, and provide worker protections.
 5097         10. Whether an applicant can demonstrate experience in or
 5098  business practices that promote economic empowerment in
 5099  disproportionately impacted areas.
 5100         11. The number and types of equipment the transporting
 5101  organization will use to transport cannabis and cannabis-infused
 5102  products.
 5103         12. Loading, transporting, and unloading plans.
 5104         13. A description of the applicant’s experience in the
 5105  distribution or security business.
 5106         14. The identity of every person having a financial or
 5107  voting interest of 5 percent or more in the transporting
 5108  organization with respect to which the license is sought,
 5109  whether a trust, corporation, partnership, limited liability
 5110  company, or sole proprietorship, including the name and address
 5111  of each person.
 5112         15. Any other information required by rule.
 5113         (b) Applicants must submit all required information,
 5114  including the information required in subsection (3), to the
 5115  department. Failure by an applicant to submit all required
 5116  information may result in the application being disqualified.
 5117         (c) If the department receives an application with missing
 5118  information, the department may issue a deficiency notice to the
 5119  applicant. The applicant shall have 10 calendar days after the
 5120  date of the deficiency notice to resubmit the incomplete
 5121  information. Applications that are still incomplete after this
 5122  opportunity to cure will not be scored and will be disqualified.
 5123         (3) ISSUING LICENSES.—
 5124         (a) The department shall by rule develop a system to score
 5125  transporter applications to administratively rank applications
 5126  based on the clarity, organization, and quality of the
 5127  applicant’s responses to required information. Applicants shall
 5128  be awarded points based on the following categories:
 5129         1. Suitability of employee training plan.
 5130         2. Security and recordkeeping plan.
 5131         3. Business plan.
 5132         4. The applicant’s status as a social equity applicant,
 5133  which shall constitute no less than 20 percent of total
 5134  available points.
 5135         5. Labor and employment practices, which shall constitute
 5136  no less than 2 percent of total available points.
 5137         6. Environmental plan that demonstrates an environmental
 5138  plan of action to minimize the carbon footprint, environmental
 5139  impact, and resource needs for the transporter, which may
 5140  include, without limitation, recycling cannabis product
 5141  packaging.
 5142         7. The applicant is 51 percent or more owned and controlled
 5143  by an individual or individuals who have been residents of this
 5144  state for the past 5 years as proved by tax records.
 5145         8. The applicant is 51 percent or more controlled and owned
 5146  by an individual or individuals who meet the qualifications of a
 5147  veteran as defined in s. 1.01(14).
 5148         9. A diversity plan that includes a narrative of not more
 5149  than 2,500 words that establishes a goal of diversity in
 5150  ownership, management, employment, and contracting to ensure
 5151  that diverse participants and groups are afforded equality of
 5152  opportunity.
 5153         10. Any other criteria the department may establish by rule
 5154  for points.
 5155         (b) The department may also award up to 2 bonus points for
 5156  the applicant’s plan to engage with the community. The applicant
 5157  may demonstrate a desire to engage with its community by
 5158  participating in one or more of, but not limited to, the
 5159  following actions:
 5160         1. Establishment of an incubator program designed to
 5161  increase participation in the cannabis industry by persons who
 5162  would qualify as social equity applicants;
 5163         2. Providing financial assistance to substance abuse
 5164  treatment centers;
 5165         3. Educating children and teens about the potential harms
 5166  of cannabis use; or
 5167         4. Other measures demonstrating a commitment to the
 5168  applicant’s community.
 5169  
 5170  Bonus points will only be awarded if the department receives
 5171  applications that receive an equal score for a particular
 5172  region.
 5173         (c) Applicants for transportation organization licenses
 5174  that score at least 85 percent of available points according to
 5175  the system developed by rule and meet all other requirements for
 5176  a transporter license shall be issued a license by the
 5177  department within 60 days after receiving the application. An
 5178  applicant who was licensed as a medical marijuana treatment
 5179  center before January 1, 2023, and who meets all other
 5180  requirements for a transporter license shall be issued a license
 5181  by the department within 60 days after receiving the
 5182  application.
 5183         (d) Should the applicant be awarded a transportation
 5184  organization license, the information and plans that an
 5185  applicant provided in its application, including any plans
 5186  submitted for the acquiring of bonus points, shall be a
 5187  mandatory condition of the permit. Any variation from or failure
 5188  to perform such plans may result in discipline, including the
 5189  revocation or nonrenewal of a license.
 5190         (e) Should the applicant be awarded a transporting
 5191  organization license, the applicant shall pay a prorated fee as
 5192  provided in s. 566.801 before receiving the license, to be
 5193  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 5194  Trust Fund.
 5195         (4) DENIAL OF APPLICATION.—An application for a
 5196  transportation organization license must be denied if any of the
 5197  following conditions apply:
 5198         (a) The applicant failed to submit the materials required
 5199  by this section.
 5200         (b) The applicant would not be in compliance with local
 5201  zoning rules or permit requirements.
 5202         (c) One or more of the prospective principal officers or
 5203  board members causes a violation of subsection (5).
 5204         (d) One or more of the principal officers or board members
 5205  is under 21 years of age.
 5206         (e) The person has submitted an application for license
 5207  under this chapter that contains false information.
 5208         (f) The licensee, principal officer, board member, or
 5209  person having a financial or voting interest of 5 percent or
 5210  greater in the licensee is delinquent in filing any required tax
 5211  returns or paying any amounts owed to the state.
 5212         (5) ORGANIZATION REQUIREMENTS; PROHIBITIONS.—
 5213         (a) The operating documents of a transporting organization
 5214  shall include procedures for the oversight of the transporter,
 5215  an inventory monitoring system, including a physical inventory
 5216  recorded weekly, accurate recordkeeping, and a staffing plan.
 5217         (b) A transporting organization may not transport cannabis
 5218  or cannabis-infused products to any person other than a
 5219  cultivation center, a craft grower, an infuser organization, a
 5220  dispensing organization, a testing facility, or as otherwise
 5221  authorized by rule.
 5222         (c) All cannabis transported by a transporting organization
 5223  must be entered into a data collection system and placed into a
 5224  cannabis container for transport.
 5225         (d) Transporters are subject to random inspections by the
 5226  department, the Department of Health, and the Department of Law
 5227  Enforcement.
 5228         (e) A transporting organization agent shall notify local
 5229  law enforcement, the Department of Law Enforcement, and the
 5230  department within 24 hours of the discovery of any loss or
 5231  theft. Notification shall be made by phone, in person, or by
 5232  written or electronic communication.
 5233         (f) No person under the age of 21 years shall be in a
 5234  commercial vehicle or trailer transporting cannabis goods.
 5235         (g) No person who is not a transporting organization agent
 5236  shall be in a vehicle while transporting cannabis goods.
 5237         (h) Transporters may not use commercial motor vehicles with
 5238  a weight rating of over 10,001 pounds.
 5239         (i) It is unlawful for any person to offer or deliver
 5240  money, or anything else of value, directly or indirectly, to any
 5241  of the following persons to obtain preferential placement within
 5242  the dispensing organization, including, without limitation, on
 5243  shelves and in display cases where purchasers can view products,
 5244  or on the dispensing organization’s website:
 5245         1. A person having a transporting organization license, or
 5246  any officer, associate, member, representative, or agent of the
 5247  licensee;
 5248         2. A person having an early applicant adult use dispensing
 5249  organization license, an adult use dispensing organization
 5250  license, or a medical marijuana treatment center license;
 5251         3. A person connected with or in any way representing, or a
 5252  member of the family of, a person holding an early applicant
 5253  adult use dispensing organization license, an adult use
 5254  dispensing organization license, or a medical marijuana
 5255  treatment center license; or
 5256         4. A stockholder, officer, manager, agent, or
 5257  representative of a corporation engaged in the retail sale of
 5258  cannabis, an early applicant adult use dispensing organization
 5259  license, an adult use dispensing organization license, or a
 5260  medical marijuana treatment center license.
 5261         (j) A transportation organization agent must keep his or
 5262  her identification card visible at all times when on the
 5263  property of a cannabis business establishment and during the
 5264  transportation of cannabis when acting under his or her duties
 5265  as a transportation organization agent. During these times, the
 5266  transporting organization agent must also provide the
 5267  identification card upon request of any law enforcement officer
 5268  engaged in his or her official duties.
 5269         (k) A copy of the transporting organization’s registration
 5270  and a manifest for the delivery shall be present in any vehicle
 5271  transporting cannabis.
 5272         (l) Cannabis shall be transported so it is not visible or
 5273  recognizable from outside the vehicle.
 5274         (m) A vehicle transporting cannabis must not bear any
 5275  markings to indicate the vehicle contains cannabis or bear the
 5276  name or logo of the cannabis business establishment.
 5277         (n) Cannabis must be transported in an enclosed, locked
 5278  storage compartment that is secured or affixed to the vehicle.
 5279         (o) The department may, by rule, impose any other
 5280  requirements or prohibitions on the transportation of cannabis.
 5281         (6) IDENTIFICATION CARD.—
 5282         (a) The department shall:
 5283         1. Establish by rule the information required in an initial
 5284  application or renewal application for an agent identification
 5285  card submitted under this chapter and the nonrefundable fee to
 5286  accompany the initial application or renewal application.
 5287         2. Verify the information contained in an initial
 5288  application or renewal application for an agent identification
 5289  card submitted under this section and approve or deny an
 5290  application within 30 days after receiving a completed initial
 5291  application or renewal application and all supporting
 5292  documentation required by rule.
 5293         3. Issue an agent identification card to a qualifying agent
 5294  within 15 business days after approving the initial application
 5295  or renewal application.
 5296         4. Enter the license number of the transporting
 5297  organization where the agent works.
 5298         5. Allow for an electronic initial application and renewal
 5299  application process and provide a confirmation by electronic or
 5300  other methods that an application has been submitted. The
 5301  department may by rule require prospective agents to file their
 5302  applications by electronic means and provide notices to the
 5303  agents by electronic means.
 5304         (b) An agent must keep his or her identification card
 5305  visible at all times when on the property of a cannabis business
 5306  establishment, including the cannabis business establishment for
 5307  which he or she is an agent.
 5308         (c) The agent identification cards must contain all of the
 5309  following:
 5310         1. The name of the cardholder.
 5311         2. The date of issuance and expiration date of the
 5312  identification card.
 5313         3. A random 10-digit alphanumeric identification number
 5314  containing at least 4 numbers and at least 4 letters that is
 5315  unique to the holder.
 5316         4. A photograph of the cardholder.
 5317         5. The legal name of the transporting organization
 5318  employing the agent.
 5319         (d) An agent identification card must be immediately
 5320  returned to the transporting organization of the agent upon
 5321  termination of his or her employment.
 5322         (e) Any agent identification card lost by a transporting
 5323  agent must be reported to the Department of Law Enforcement and
 5324  the department immediately upon discovery of the loss.
 5325         (f) An application for an agent identification card must be
 5326  denied if the applicant is delinquent in filing any required tax
 5327  returns or paying any amounts owed to this state.
 5328         (7) BACKGROUND CHECKS.—
 5329         (a) Through the Department of Law Enforcement, the
 5330  department shall conduct a background check of the prospective
 5331  principal officers, board members, and agents of a transporter
 5332  applying for a license or identification card under this
 5333  section. The Department of Law Enforcement may charge a fee as
 5334  provided in s. 943.053. In order to carry out this provision,
 5335  each transporting organization’s prospective principal officer,
 5336  board member, or agent shall submit a full set of fingerprints
 5337  to the Department of Law Enforcement for the purpose of
 5338  obtaining a state and federal criminal records check. These
 5339  fingerprints shall be checked against the fingerprint records
 5340  now and hereafter, to the extent allowed by law, filed in the
 5341  Department of Law Enforcement and Federal Bureau of
 5342  Investigation criminal history records databases. The Department
 5343  of Law Enforcement shall furnish, following positive
 5344  identification, all conviction information to the department.
 5345         (b) When applying for the initial license or identification
 5346  card, the background checks for all prospective principal
 5347  officers, board members, and agents shall be completed before
 5348  submitting the application to the department.
 5349         (8) RENEWAL OF LICENSES AND AGENT IDENTIFICATION CARDS.—
 5350         (a) Licenses and identification cards issued under this
 5351  section shall be renewed annually. A transporting organization
 5352  must be provided written or electronic notice 90 days before the
 5353  expiration of its current license that the license will expire.
 5354  The department must grant a renewal within 45 days after
 5355  submission of a renewal application if all of the following
 5356  conditions are met:
 5357         1. The transporting organization submits a completed
 5358  renewal application and the required nonrefundable renewal fee
 5359  as provided in s. 566.801 to be deposited into the Alcoholic
 5360  Beverage, Marijuana, and Tobacco Trust Fund.
 5361         2. The department has not suspended or revoked the license
 5362  of the transporting organization for violating this chapter or
 5363  rules adopted hereunder.
 5364         3. The transporting organization has continued to operate
 5365  in accordance with all plans submitted as part of its
 5366  application and approved by the department or any amendments
 5367  thereto which have been approved by the department.
 5368         4. The transporter has submitted an agent, employee,
 5369  contracting, and subcontracting diversity report as required by
 5370  the department.
 5371         (b) If a transporting organization fails to renew its
 5372  license before expiration, it must cease operations until its
 5373  license is renewed.
 5374         (c) If a transporting organization agent fails to renew his
 5375  or her identification card before its expiration, he or she must
 5376  cease working as an agent of the transporting organization until
 5377  his or her identification card is renewed.
 5378         (d) Any transporting organization that continues to operate
 5379  or any transporting organization agent who continues to work as
 5380  an agent after the applicable license or identification card has
 5381  expired without renewal is subject to the penalties provided
 5382  under subsection (5).
 5383         (e) The department may not renew a license or an agent
 5384  identification card if the applicant is delinquent in filing any
 5385  required tax returns or paying any amounts owed to the state.
 5386         566.4601 Cannabis testing facilities.—
 5387         (1) Notwithstanding any other law, the following acts, when
 5388  performed by a cannabis testing facility with a current, valid
 5389  registration, or a person 21 years of age or older who is acting
 5390  in his or her capacity as an owner, employee, or agent of a
 5391  cannabis testing facility, are not unlawful and are not an
 5392  offense under state law or a basis for seizure or forfeiture of
 5393  assets under state law:
 5394         (a) Possessing, repackaging, transporting, storing, or
 5395  displaying cannabis or cannabis-infused products.
 5396         (b) Receiving or transporting cannabis or cannabis-infused
 5397  products from a cannabis business establishment, a Florida
 5398  College System institution licensed under the Florida College
 5399  System Cannabis Vocational Pilot Program, or a person 21 years
 5400  of age or older.
 5401         (c) Returning or transporting cannabis or cannabis-infused
 5402  products to a cannabis business establishment, a Florida College
 5403  System institution licensed under the Florida College System
 5404  Cannabis Vocational Training Pilot Program, or a person 21 years
 5405  of age or older.
 5406         (2)(a) A laboratory may not handle, test, or analyze
 5407  cannabis unless approved by the department in accordance with
 5408  this section.
 5409         (b) A laboratory may not be approved to handle, test, or
 5410  analyze cannabis unless the laboratory:
 5411         1. Is accredited by a private laboratory accrediting
 5412  organization;
 5413         2. Is independent from all other persons involved in the
 5414  cannabis industry in this state and no person with a direct or
 5415  indirect interest in the laboratory has a direct or indirect
 5416  financial, management, or other interest in a Florida
 5417  cultivation center, craft grower, dispensary, infuser,
 5418  transporter, qualified physician, or any other entity in this
 5419  state that may benefit from the production, manufacture,
 5420  dispensing, sale, purchase, or use of cannabis;
 5421         3. Has employed at least one person to oversee and be
 5422  responsible for the laboratory testing who has earned, from a
 5423  college or university accredited by a national or regional
 5424  certifying authority, at least:
 5425         a. A master’s level degree in chemical or biological
 5426  sciences and a minimum of 2 years’ post-degree laboratory
 5427  experience; or
 5428         b. A bachelor’s degree in chemical or biological sciences
 5429  and a minimum of 4 years’ post-degree laboratory experience; and
 5430         4. Each independent testing laboratory that claims to be
 5431  accredited provides the department with a copy of the most
 5432  recent annual inspection report granting accreditation and every
 5433  annual report thereafter.
 5434         (3) Immediately before manufacturing or natural processing
 5435  of any cannabis or cannabis-infused product or packaging
 5436  cannabis for sale to a dispensary, each batch shall be made
 5437  available by the cultivation center, craft grower, or infuser
 5438  for an employee of an approved laboratory to select a random
 5439  sample, which shall be tested by the approved laboratory for:
 5440         (a) Microbiological contaminants.
 5441         (b) Mycotoxins.
 5442         (c) Pesticide active ingredients.
 5443         (d) Residual solvent.
 5444         (e) An active ingredient analysis.
 5445         (4) The department may select a random sample that shall,
 5446  for the purposes of conducting an active ingredient analysis, be
 5447  tested by the department for verification of label information.
 5448         (5) A laboratory shall immediately return or dispose of any
 5449  cannabis upon the completion of any testing, use, or research.
 5450  If cannabis is disposed of, it must be done in compliance with
 5451  department rules.
 5452         (6) If a sample of cannabis does not pass the
 5453  microbiological, mycotoxin, pesticide chemical residue, or
 5454  solvent residue test, based on the standards established by the
 5455  department, the following shall apply:
 5456         (a) If the sample failed the pesticide chemical residue
 5457  test, the entire batch from which the sample was taken shall, if
 5458  applicable, be recalled as provided by department rule.
 5459         (b) If the sample failed any other test, the batch may be
 5460  used to make a carbon dioxide-based or solvent-based extract.
 5461  After processing, the carbon dioxide-based or solvent-based
 5462  extract must still pass all required tests.
 5463         (7) The department shall establish standards for microbial,
 5464  mycotoxin, pesticide chemical residue, solvent residue, or other
 5465  standards for the presence of possible contaminants, in addition
 5466  to labeling requirements for contents and potency.
 5467         (8) The laboratory shall file with the department an
 5468  electronic copy of each laboratory test result for any batch
 5469  that does not pass the microbiological, mycotoxin, or pesticide
 5470  chemical residue test at the same time that it transmits those
 5471  results to the cultivation center. In addition, the laboratory
 5472  shall maintain the laboratory test results for at least 5 years
 5473  and make them available at the department’s request.
 5474         (9) Cultivation centers, craft growers, and infusers shall
 5475  provide to a dispensing organization the laboratory test results
 5476  for each batch of cannabis product purchased by the dispensing
 5477  organization, if sampled. Each dispensary organization must have
 5478  those laboratory results available upon request to purchasers.
 5479         (10) The department may adopt rules related to testing in
 5480  accordance with this section.
 5481         566.4701 Enforcement and immunities.—
 5482         (1) Notwithstanding any other criminal penalties related to
 5483  the unlawful possession of cannabis, the department may revoke,
 5484  suspend, place on probation, reprimand, issue cease and desist
 5485  orders, refuse to issue or renew a license, or take any other
 5486  disciplinary or nondisciplinary action as each department may
 5487  deem proper with regard to a cannabis business establishment or
 5488  cannabis business establishment agent, including fines not to
 5489  exceed:
 5490         (a) By a cultivation center or cultivation center agent,
 5491  $50,000 for each violation of this chapter or rules adopted
 5492  under this chapter.
 5493         (b) By a dispensing organization or dispensing organization
 5494  agent, $10,000 for each violation of this chapter or rules
 5495  adopted thereunder.
 5496         (c) By a craft grower or craft grower agent, $15,000 for
 5497  each violation of this chapter or rules adopted thereunder.
 5498         (d) By an infuser organization or infuser organization
 5499  agent, $10,000 for each violation of this chapter or rules
 5500  adopted thereunder.
 5501         (e) By a transporting organization or transporting
 5502  organization agent, $10,000 for each violation of this chapter
 5503  or rules adopted thereunder.
 5504         (2) The department shall consider licensee cooperation in
 5505  any agency or other investigation in its determination of
 5506  penalties imposed under this section.
 5507         (3) The procedures for disciplining a cannabis business
 5508  establishment or cannabis business establishment agent and for
 5509  administrative hearings shall be determined by rule and shall
 5510  provide for the review of final decisions under chapter 120.
 5511         (4) The Attorney General may also enforce a violation of s.
 5512  566.4801 or s. 566.4805 as an unlawful practice under the
 5513  Florida Deceptive and Unfair Trade Practices Act.
 5514         (5)(a) A cultivation center, craft grower, infuser
 5515  organization, or transporting organization is not subject to
 5516  prosecution; search or inspection, except by the department, the
 5517  Department of Health, or state or local law enforcement under
 5518  this chapter; seizure; penalty in any manner, including, but not
 5519  limited to, civil penalty; denial of any right or privilege; or
 5520  disciplinary action by a business licensing board or entity for
 5521  acting under this chapter and rules adopted thereunder to
 5522  acquire, possess, cultivate, manufacture, process, deliver,
 5523  transfer, transport, supply, or sell cannabis or cannabis
 5524  paraphernalia under this chapter.
 5525         (b) A licensed cultivation center agent, licensed craft
 5526  grower agent, licensed infuser organization agent, or licensed
 5527  transporting organization agent is not subject to prosecution;
 5528  search; penalty in any manner, including, but not limited to,
 5529  civil penalty; denial of any right or privilege; or disciplinary
 5530  action by a business licensing board or entity for engaging in
 5531  cannabis-related activities authorized under this chapter and
 5532  rules adopted thereunder.
 5533         (c) A dispensing organization is not subject to
 5534  prosecution; search or inspection, except by the department or
 5535  state or local law enforcement under this chapter; seizure;
 5536  penalty in any manner, including, but not limited to, civil
 5537  penalty; denial of any right or privilege; or disciplinary
 5538  action by a business licensing board or entity for acting under
 5539  this chapter and rules adopted thereunder to acquire, possess,
 5540  or dispense cannabis, cannabis-infused products, cannabis
 5541  paraphernalia, or related supplies, and educational materials
 5542  under this chapter.
 5543         (d) A licensed dispensing organization agent is not subject
 5544  to prosecution; search; or penalty in any manner, or denial of
 5545  any right or privilege, including civil penalty or disciplinary
 5546  action by a business licensing board or entity, for working for
 5547  a dispensing organization under this chapter and rules adopted
 5548  thereunder.
 5549         (e) Any cannabis, cannabis-infused product, cannabis
 5550  paraphernalia, legal property, or interest in legal property
 5551  which is possessed, owned, or used in connection with the use of
 5552  cannabis as allowed under this chapter, or acts incidental to
 5553  that use, may not be seized or forfeited. This chapter does not
 5554  prevent the seizure or forfeiture of cannabis exceeding the
 5555  amounts allowed under this chapter, nor does it prevent seizure
 5556  or forfeiture if the basis for the action is unrelated to the
 5557  cannabis that is possessed, manufactured, transferred, or used
 5558  under this chapter.
 5559         (f) This chapter does not preclude local or state law
 5560  enforcement agencies from searching a cultivation center, craft
 5561  grower, infuser organization, transporting organization, or
 5562  dispensing organization if there is probable cause to believe
 5563  that the criminal laws of this state have been violated and the
 5564  search is conducted in conformity with the State Constitution,
 5565  the Constitution of the United States, and applicable law.
 5566         (g) This chapter does not preclude the Attorney General or
 5567  other authorized government agency from investigating or
 5568  bringing a civil action against a cannabis business
 5569  establishment, or an agent thereof, for a violation of state law
 5570  civil rights violations and violations of the Florida Deceptive
 5571  and Unfair Trade Practices Act.
 5572         (6) Any applicable standards, requirements, and rules
 5573  regarding the health and safety, environmental protection,
 5574  testing, security, food safety, and worker protections
 5575  established by the state shall be the minimum standards for all
 5576  licensees under this chapter statewide. Knowing violations of
 5577  any state or local law, ordinance, or rule conferring worker
 5578  protections or legal rights on the employees of a licensee may
 5579  be grounds for disciplinary action under this chapter, in
 5580  addition to penalties established elsewhere.
 5581         566.4801 Advertising and promotions.—
 5582         (1) A cannabis business establishment and any other person
 5583  or entity may not engage in advertising that contains any
 5584  statement or illustration that:
 5585         (a) Is false or misleading;
 5586         (b) Promotes overconsumption of cannabis or cannabis
 5587  products;
 5588         (c) Depicts the actual consumption of cannabis or cannabis
 5589  products;
 5590         (d) Depicts a person under 21 years of age consuming
 5591  cannabis;
 5592         (e) Makes any health, medicinal, or therapeutic claims
 5593  about cannabis or cannabis-infused products;
 5594         (f) Includes the image of a cannabis leaf or bud; or
 5595         (g) Includes any image designed or likely to appeal to
 5596  minors, including cartoons, toys, animals, or children, or any
 5597  other likeness to images, characters, or phrases that is
 5598  designed in any manner to be appealing to or encourage
 5599  consumption by persons under 21 years of age.
 5600         (2) A cannabis business establishment or any other person
 5601  or entity may not place or maintain, or cause to be placed or
 5602  maintained, an advertisement of cannabis or a cannabis-infused
 5603  product in any form or through any medium:
 5604         (a) Within 1,000 feet of the perimeter of school grounds, a
 5605  playground, a recreation center or facility, a child care
 5606  center, a public park or public library, or a game arcade to
 5607  which admission is not restricted to persons 21 years of age or
 5608  older;
 5609         (b) On or in a public transit vehicle or public transit
 5610  shelter;
 5611         (c) On or in publicly owned or publicly operated property;
 5612  or
 5613         (d) Which contains information that:
 5614         1. Is false or misleading;
 5615         2. Promotes excessive consumption;
 5616         3. Depicts a person under 21 years of age consuming
 5617  cannabis;
 5618         4. Includes the image of a cannabis leaf; or
 5619         5. Includes any image designed or likely to appeal to
 5620  minors, including cartoons, toys, animals, or children, or any
 5621  other likeness to images, characters, or phrases that are
 5622  popularly used to advertise to children, or any imitation of
 5623  candy packaging or labeling, or that promotes consumption of
 5624  cannabis.
 5625         (3) Subsections (1) and (2) do not apply to an educational
 5626  message.
 5627         (4) A cannabis business establishment or any other person
 5628  or entity may not encourage the sale of cannabis or cannabis
 5629  products by giving away cannabis or cannabis products, by
 5630  conducting games or competitions related to the consumption of
 5631  cannabis or cannabis products, or by providing promotional
 5632  materials or activities of a manner or type that would be
 5633  appealing to children.
 5634         566.4805 Cannabis product packaging and labeling.—
 5635         (1) Each cannabis product produced for sale must be
 5636  registered with the department on forms provided by the
 5637  department. Each product registration must include a label and
 5638  the required registration fee at the rate established by the
 5639  department for a comparable medical cannabis product or as
 5640  established by rule. The registration fee is for the name of the
 5641  product offered for sale and one fee is sufficient for all
 5642  package sizes.
 5643         (2) All harvested cannabis intended for distribution to a
 5644  cannabis enterprise must be packaged in a sealed, labeled
 5645  container.
 5646         (3) Any product containing cannabis must be packaged in a
 5647  sealed, odor-proof, and child-resistant cannabis container
 5648  consistent with current standards, including the Consumer
 5649  Product Safety Commission standards referenced by the federal
 5650  Poison Prevention Packaging Act.
 5651         (4) All cannabis-infused products must be individually
 5652  wrapped or packaged at the original point of preparation. The
 5653  packaging of the cannabis-infused product must conform to the
 5654  labeling requirements of the Florida Drug and Cosmetic Act, in
 5655  addition to the other requirements set forth in this section.
 5656         (5) Each cannabis product must be labeled before sale and
 5657  each label must be securely affixed to the package and must
 5658  state all of the following in legible English and any other
 5659  language required by the department:
 5660         (a) The name and post office box of the registered
 5661  cultivation center or craft grower where the item was
 5662  manufactured;
 5663         (b) The common or usual name of the item and the registered
 5664  name of the cannabis product which was registered with the
 5665  department under subsection (1);
 5666         (c) A unique serial number that will match the product with
 5667  a cultivation center or craft grower batch and lot number to
 5668  facilitate any warnings or recalls the department, cultivation
 5669  center, or craft grower deems appropriate;
 5670         (d) The date of final testing and packaging, if sampled,
 5671  and the identification of the independent testing laboratory;
 5672         (e) The date of harvest and “use by” date;
 5673         (f) The quantity, in ounces or grams, of cannabis contained
 5674  in the product;
 5675         (g) A pass or fail rating based on the laboratory’s
 5676  microbiological, mycotoxins, and pesticide and solvent residue
 5677  analyses, if sampled; and
 5678         (h)1. A list of the following, including the minimum and
 5679  maximum percentage content by weight for sub-subparagraphs a.
 5680  and b.:
 5681         a. Delta-9-tetrahydrocannabinol (THC).
 5682         b. Tetrahydrocannabinolic acid (THCA).
 5683         c. Cannabidiol (CBD).
 5684         d. Cannabidiolic acid (CBDA).
 5685         e. All other ingredients of the item, including any colors,
 5686  artificial flavors, and preservatives, listed in descending
 5687  order by predominance of weight shown with common or usual
 5688  names.
 5689         2. The acceptable tolerances for the minimum percentage
 5690  printed on the label for any of sub-subparagraphs 1.a.-d. may
 5691  not be below 85 percent or above 115 percent of the labeled
 5692  amount.
 5693         (6) Packaging for cannabis products may not contain
 5694  information that:
 5695         (a) Is false or misleading;
 5696         (b) Promotes excessive consumption;
 5697         (c) Depicts a person under 21 years of age consuming
 5698  cannabis;
 5699         (d) Includes the image of a cannabis leaf;
 5700         (e) Includes any image designed or likely to appeal to
 5701  minors, including cartoons, toys, animals, or children, or any
 5702  other likeness to images, characters, or phrases that are
 5703  popularly used to advertise to children, or any packaging or
 5704  labeling that bears reasonable resemblance to any product
 5705  available for consumption as a commercially available candy, or
 5706  that promotes consumption of cannabis; or
 5707         (f) Contains any seal, flag, crest, coat of arms, or other
 5708  insignia likely to mislead the purchaser to believe that the
 5709  product has been endorsed, made, or used by the state or any of
 5710  its representatives except if authorized by this chapter.
 5711         (7) Labeling for cannabis products produced by
 5712  concentrating or extracting ingredients from the cannabis plant
 5713  must contain the following information, as applicable:
 5714         (a) If solvents were used to create the concentrate or
 5715  extract, a statement that discloses the type of extraction
 5716  method, including any solvents or gases used to create the
 5717  concentrate or extract.
 5718         (b) Any other chemicals or compounds used to produce or
 5719  which were added to the concentrate or extract.
 5720         (8) All cannabis products must contain warning statements
 5721  established for purchasers, of a size that is legible and
 5722  readily visible to a consumer inspecting a package, which may
 5723  not be covered or obscured in any way. The Department of Health
 5724  shall define and update appropriate health warnings for packages
 5725  including specific labeling or warning requirements for specific
 5726  cannabis products.
 5727         (9) Unless modified by rule to strengthen or respond to new
 5728  evidence and science, the following warnings shall apply to all
 5729  cannabis products: “This product contains cannabis and is
 5730  intended for use by adults age 21 and older. Its use can impair
 5731  cognition and may be habit forming. This product should not be
 5732  used by pregnant or breastfeeding women. It is unlawful to sell
 5733  or provide this item to any individual, and it may not be
 5734  transported outside the State of Florida. It is illegal to
 5735  operate a motor vehicle while under the influence of cannabis.
 5736  Possession or use of this product may carry significant legal
 5737  penalties in some jurisdictions and under federal law.”
 5738         (10) Warnings for each of the following product types must
 5739  be present on labels if offered for sale to a purchaser:
 5740         (a) Cannabis that may be smoked must contain a statement
 5741  that “Smoking is hazardous to your health.”
 5742         (b) Cannabis-infused products, other than those intended
 5743  for topical application, must contain the following statement
 5744  “CAUTION: This product contains cannabis and intoxication
 5745  following use may be delayed by 2 or more hours. This product
 5746  was produced in a facility that cultivates cannabis and that may
 5747  also process common food allergens.”
 5748         (c) Cannabis-infused products intended for topical
 5749  application must contain the statement “DO NOT EAT” in bold,
 5750  capital letters.
 5751         (11) Each cannabis-infused product intended for consumption
 5752  must be individually packaged, must include the total milligram
 5753  content of THC and CBD, and may not include more than a total of
 5754  100 milligrams of THC per package. A package may contain
 5755  multiple servings of 10 milligrams of THC if indicated by
 5756  scoring, wrapping, or by other indicators designating individual
 5757  serving sizes. The department may change by rule the total
 5758  amount of THC allowed for each package or the total amount of
 5759  THC allowed for each serving size.
 5760         (12) An individual other than the purchaser may not alter
 5761  or destroy any labeling affixed to the primary packaging of
 5762  cannabis or cannabis-infused products.
 5763         (13) For each commercial weighing and measuring device used
 5764  at a facility, the cultivation center or craft grower must do
 5765  all of the following:
 5766         (a) Ensure that the commercial device is regularly
 5767  inspected and approved as required under chapter 531.
 5768         (b) Maintain documentation of the inspection of the
 5769  commercial device.
 5770         (c) Provide a copy of the inspection documentation for the
 5771  commercial device to the department for review upon request.
 5772         (14) It is the responsibility of the department to ensure
 5773  that packaging and labeling requirements, including product
 5774  warnings, are enforced at all times for products provided to
 5775  purchasers. Product registration requirements and container
 5776  requirements may be modified by department rule.
 5777         (15) The department may modify labeling requirements,
 5778  including for warning labels, by rule.
 5779         566.5701 Local ordinances.—Unless otherwise provided under
 5780  this chapter or otherwise in accordance with state law:
 5781         (1) A unit of local government may enact reasonable zoning
 5782  ordinances or resolutions, not in conflict with this chapter or
 5783  rules adopted pursuant to this chapter, regulating cannabis
 5784  business establishments. A unit of local government, including a
 5785  home rule unit or any nonhome rule county within the
 5786  unincorporated territory of the county, may not prohibit home
 5787  cultivation or unreasonably prohibit use of cannabis authorized
 5788  by this chapter.
 5789         (2) A unit of local government may enact ordinances or
 5790  rules that are not in conflict with this chapter or with rules
 5791  adopted pursuant to this chapter governing the time, place,
 5792  manner, and number of cannabis business establishment
 5793  operations, including minimum distance limitations between
 5794  cannabis business establishments and locations it deems
 5795  sensitive, such as colleges and universities, through the use of
 5796  conditional use permits. A unit of local government may
 5797  establish civil penalties for violations of an ordinance or
 5798  rules governing the time, place, and manner of operation of a
 5799  cannabis business establishment or a conditional use permit in
 5800  the jurisdiction of the unit of local government. A unit of
 5801  local government may not unreasonably restrict the time, place,
 5802  manner, and number of cannabis business establishment operations
 5803  authorized by this chapter.
 5804         (3) A unit of local government may regulate the on-premises
 5805  consumption of cannabis at or in a cannabis business
 5806  establishment within its jurisdiction in a manner consistent
 5807  with this chapter. A cannabis business establishment or other
 5808  entity authorized or permitted by a unit of local government to
 5809  allow on-site consumption is not deemed a public place within
 5810  the meaning of the Florida Clean Indoor Air Act.
 5811         (4) A unit of local government, including a home rule unit
 5812  or any nonhome rule county within the unincorporated territory
 5813  of the county, may not regulate the activities described in
 5814  subsection (1), subsection (2), or subsection (3) in a manner
 5815  more restrictive than the regulation of those activities by the
 5816  state under this chapter.
 5817         (5) A unit of local government may enact ordinances to
 5818  prohibit or significantly limit a cannabis business
 5819  establishment’s location.
 5820         566.5801 Restricted cannabis zones.—
 5821         (1) As used in this section, the term:
 5822         (a) “Legal voter” means a person who meets all of the
 5823  following criteria:
 5824         1. Is duly registered to vote in a city with a population
 5825  of over 500,000.
 5826         2. Whose name appears on a voter list compiled by the
 5827  county’s supervisor of elections since the last preceding
 5828  election, regardless of whether the election was a primary,
 5829  general, or special election.
 5830         3. Who, at the relevant time, is a resident of the address
 5831  at which he or she is registered to vote.
 5832         4. Whose address, at the relevant time, is located in the
 5833  precinct where such person seeks to circulate or sign a petition
 5834  under this section.
 5835         (b) “Petition” means the petition described in this
 5836  section.
 5837         (c) “Precinct” means the smallest constituent territory
 5838  within a city with a population of over 500,000 in which
 5839  electors vote as a unit at the same polling place in any
 5840  election governed by the Florida Election Code.
 5841         (d) “Relevant time” means any time that:
 5842         1. A notice of intent is filed pursuant to subsection (3)
 5843  to initiate the petition process under this section;
 5844         2. The petition is circulated for signature in the
 5845  applicable precinct; or
 5846         3. The petition is signed by registered voters in the
 5847  applicable precinct.
 5848         (e) “Restricted cannabis zone” means a precinct within
 5849  which home cultivation, one or more types of cannabis business
 5850  establishments, or both, has been prohibited pursuant to an
 5851  ordinance initiated by a petition under this section.
 5852         (2)(a) The legal voters of any precinct within a city with
 5853  a population of over 500,000 may petition their city
 5854  commissioner, using a petition form made available online by the
 5855  city clerk, to introduce an ordinance establishing the precinct
 5856  as a restricted zone. Such petition must specify whether it
 5857  seeks an ordinance to prohibit, within the precinct:
 5858         1. Home cultivation;
 5859         2. One or more types of cannabis business establishments;
 5860  or
 5861         3. Home cultivation and one or more types of cannabis
 5862  business establishments.
 5863         (b) Upon receiving a petition containing the signatures of
 5864  at least 25 percent of the registered voters of the precinct,
 5865  and concluding that the petition is legally sufficient following
 5866  the posting and review process in subsection (3), the city clerk
 5867  shall notify the city commissioner of the district in which the
 5868  precinct is located. Upon being notified, that commissioner must
 5869  assess the relevant factors within the precinct, including, but
 5870  not limited to, its geography, density, and character, the
 5871  prevalence of residentially zoned property, current licensed
 5872  cannabis business establishments in the precinct, the current
 5873  amount of home cultivation in the precinct, and the prevailing
 5874  viewpoint with regard to the issue raised in the petition. After
 5875  making such an assessment, the commissioner may introduce an
 5876  ordinance to the city’s governing body creating a restricted
 5877  cannabis zone in that precinct.
 5878         (3) A person seeking to initiate the petition process
 5879  described in this section must first submit to the city clerk
 5880  notice of intent to do so on a form made available online by the
 5881  city clerk. That notice must include a description of the
 5882  potentially affected area and the scope of the restriction
 5883  sought. The city clerk shall publicly post the submitted notice
 5884  online. To be legally sufficient, a petition must contain the
 5885  requisite number of valid signatures and all such signatures
 5886  must be obtained within 90 days after the date that the city
 5887  clerk publicly posts the notice of intent. Upon receipt, the
 5888  city clerk shall post the petition on the municipality’s website
 5889  for a 30-day comment period. The city clerk may take all
 5890  necessary and appropriate steps to verify the legal sufficiency
 5891  of a submitted petition. Following the petition review and
 5892  comment period, the city clerk shall publicly post online the
 5893  status of the petition as accepted or rejected, and if rejected,
 5894  the reasons therefor. If the city clerk rejects a petition as
 5895  legally insufficient, a minimum of 12 months must elapse from
 5896  the time the city clerk posts the rejection notice before a new
 5897  notice of intent for that same precinct may be submitted.
 5898         (4) Notwithstanding any law to the contrary, the city may
 5899  enact an ordinance creating a restricted cannabis zone. The
 5900  ordinance must:
 5901         (a) Identify the applicable precinct boundaries as of the
 5902  date of the petition;
 5903         (b) State whether the ordinance prohibits within the
 5904  defined boundaries of the precinct, and in what combination one
 5905  or more types of cannabis business establishments, or home
 5906  cultivation;
 5907         (c) Be in effect for 4 years, unless repealed earlier; and
 5908         (d) Once in effect, be subject to renewal by ordinance at
 5909  the expiration of the 4-year period without the need for another
 5910  supporting petition.
 5911         566.601 Defense of state law.—The Attorney General shall to
 5912  the best of the abilities of the office and in good faith
 5913  advocate to quash any federal subpoena for records involving
 5914  marijuana establishments.
 5915         566.602 Research.—Notwithstanding the provisions of this
 5916  chapter regulating the distribution of marijuana, a scientific
 5917  or medical researcher who has previously published peer-reviewed
 5918  research may purchase, possess, and securely store marijuana for
 5919  purposes of conducting research. A scientific or medical
 5920  researcher may administer and distribute marijuana to a
 5921  participant in research who is at least 21 years of age after
 5922  receiving informed consent from that participant.
 5923         566.701 Construction.—
 5924         (1) EMPLOYMENT POLICIES.—This chapter does not require an
 5925  employer to allow or accommodate the use, consumption,
 5926  possession, transfer, display, transportation, sale, or growing
 5927  of marijuana in the workplace or affect the ability of employers
 5928  to have policies restricting the use of marijuana by their
 5929  employees.
 5930         (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
 5931  exempt a person from the laws prohibiting operating under the
 5932  influence under chapter 316 or chapter 327.
 5933         (3) TRANSFER TO MINOR.—This chapter does not permit the
 5934  transfer of marijuana, with or without remuneration, to a minor
 5935  or to allow a minor to purchase, possess, use, transport, grow,
 5936  or consume marijuana.
 5937         (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
 5938  prohibit a person, employer, school, hospital, detention
 5939  facility, corporation, or other entity that occupies, owns, or
 5940  controls real property from prohibiting or otherwise regulating
 5941  the possession, consumption, use, display, transfer,
 5942  distribution, sale, transportation, or growing of marijuana on
 5943  or in that real property.
 5944         (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
 5945  does not apply to the compassionate use of low-THC cannabis
 5946  under s. 381.986.
 5947         566.702 Rulemaking.—The division shall adopt any rules
 5948  necessary to administer and enforce the provisions of this
 5949  chapter.
 5950         566.703 Good moral character.—Engaging in conduct allowed
 5951  by this chapter may not be the basis for a finding of a lack of
 5952  good moral character as that term is used in the Florida
 5953  Statutes.
 5954         566.704 Penalties for violations.—It is unlawful for any
 5955  person to violate any provision of this chapter, and any person
 5956  who violates any provision of this chapter for which no penalty
 5957  has been provided commits a misdemeanor of the second degree,
 5958  punishable as provided in s. 775.082 or s. 775.083. Any person
 5959  who has been convicted of a violation of any provision of this
 5960  chapter and is thereafter convicted of a second or subsequent
 5961  violation commits a felony of the third degree, punishable as
 5962  provided in s. 775.082, s. 775.083, or s. 775.084.
 5963         566.805 Cannabis cultivation.—
 5964         (1) ARREST; SEARCH AND SEIZURE WITHOUT WARRANT.—Any duly
 5965  authorized employee of the department may arrest without warrant
 5966  any person committing in his or her presence a violation of this
 5967  section; may without a search warrant inspect all cannabis
 5968  located in any place of business; may seize any cannabis in the
 5969  possession of the retailer in violation of this chapter; and may
 5970  seize any cannabis on which the tax imposed by this section has
 5971  not been paid. The cannabis so seized is subject to confiscation
 5972  and forfeiture as provided in subsections (2) and (3).
 5973         (2) SEIZURE AND FORFEITURE.—After seizing any cannabis as
 5974  provided in subsection (3), the department must hold a hearing
 5975  and determine whether the retailer was properly registered to
 5976  sell the cannabis at the time of its seizure by the department.
 5977  The department shall give at least 20 days’ notice of the time
 5978  and place of the hearing to the owner of the cannabis, if the
 5979  owner is known, and also to the person in whose possession the
 5980  cannabis was found, if that person is known and if the person in
 5981  possession is not the owner of the cannabis. If neither the
 5982  owner nor the person in possession of the cannabis is known, the
 5983  department must publish the time and place of the hearing at
 5984  least once each week for 3 consecutive weeks in a newspaper of
 5985  general circulation in the county where the hearing is to be
 5986  held. If, as a result of the hearing, the department determines
 5987  that the retailer was not properly registered at the time the
 5988  cannabis was seized, the department must enter an order
 5989  declaring the cannabis confiscated and forfeited to the state,
 5990  to be held by the department for disposal as provided in
 5991  subsection (3). The department must give notice of the order to
 5992  the owner of the cannabis, if the owner is known, and also to
 5993  the person in whose possession the cannabis was found, if that
 5994  person is known and if the person in possession is not the owner
 5995  of the cannabis. If neither the owner nor the person in
 5996  possession of the cannabis is known, the department must publish
 5997  the order at least once each week for 3 consecutive weeks in a
 5998  newspaper of general circulation in the county where the hearing
 5999  was held in accordance with chapter 50.
 6000         (3) SEARCH WARRANT; ISSUANCE AND RETURN; PROCESS;
 6001  CONFISCATION OF CANNABIS; FORFEITURES.—
 6002         (a) If a law enforcement officer of this state or any duly
 6003  authorized officer or employee of the department has reason to
 6004  believe that any violation of this section or a rule adopted
 6005  pursuant thereto has occurred and that the person violating this
 6006  section or rule has in that person’s possession any cannabis in
 6007  violation of this section or a rule adopted pursuant thereto,
 6008  that law enforcement officer or officer or employee of the
 6009  department may file or cause to be filed his or her complaint in
 6010  writing, verified by affidavit, with any court within whose
 6011  jurisdiction the premises to be searched is situated, stating
 6012  the facts upon which the belief is founded, the premises to be
 6013  searched, and the property to be seized, and procure a search
 6014  warrant and execute that warrant. Upon the execution of the
 6015  search warrant, the law enforcement officer or officer or
 6016  employee of the department executing the search warrant shall
 6017  return the warrant to the court that issued the warrant,
 6018  together with an inventory of the property taken under the
 6019  warrant. The court must then issue process against the owner of
 6020  the property if the owner is known; otherwise, process must be
 6021  issued against the person in whose possession the property is
 6022  found, if that person is known. In case of inability to serve
 6023  process upon the owner or the person in possession of the
 6024  property at the time of its seizure, notice of the proceedings
 6025  before the court must be given in the same manner as required by
 6026  the law governing cases of attachment. Upon the return of the
 6027  process duly served or upon the posting or publishing of notice
 6028  made, as applicable, the court or jury, if a jury is demanded,
 6029  shall determine whether the property seized was held or
 6030  possessed in violation of this section or a rule adopted
 6031  pursuant thereto. If a violation is found, the court must enter
 6032  a judgment confiscating the property and forfeiting it to the
 6033  state and ordering its delivery to the department. In addition,
 6034  the court may tax and assess the costs of the proceedings.
 6035         (b) If any cannabis has been declared forfeited to the
 6036  state by the department, as provided in subsection (2) and this
 6037  section, and if all proceedings for the judicial review of the
 6038  department’s decision have concluded, the department must, to
 6039  the extent that its decision is sustained on review, destroy or
 6040  maintain such cannabis or may use it in an undercover capacity.
 6041         (c) The department may, before any destruction of cannabis,
 6042  permit the true holder of trademark rights in the cannabis to
 6043  inspect such cannabis in order to assist the department in any
 6044  investigation regarding such cannabis.
 6045         (4) CANNABIS RETAILERS; PURCHASE AND POSSESSION OF
 6046  CANNABIS.—Cannabis retailers may purchase cannabis for resale
 6047  only from cannabis business establishments as authorized by this
 6048  chapter.
 6049         Section 5. (1) On or before December 1, 2022, the
 6050  Department of Business and Professional Regulation shall submit
 6051  a report to the Governor, the President of the Senate, and the
 6052  Speaker of the House of Representatives regarding the progress
 6053  of the cannabis equity grant program. The report shall include,
 6054  but is not limited to, the following information:
 6055         (a) The number of cannabis equity applicants and general
 6056  applicants who received grants under the program.
 6057         (b) Any information collected by the program.
 6058         (2) The department shall post the report on its website.
 6059         Section 6. Paragraph (p) of subsection (1) of section
 6060  500.03, Florida Statutes, is amended to read:
 6061         500.03 Definitions; construction; applicability.—
 6062         (1) For the purpose of this chapter, the term:
 6063         (p) “Food establishment” means a factory, food outlet, or
 6064  other facility manufacturing, processing, packing, holding, or
 6065  preparing food or selling food at wholesale or retail. The term
 6066  does not include a business or activity that is regulated under
 6067  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
 6068  includes a retail marijuana store that sells food containing
 6069  marijuana pursuant to chapter 566. The term includes tomato
 6070  packinghouses and repackers but does not include any other
 6071  establishments that pack fruits and vegetables in their raw or
 6072  natural states, including those fruits or vegetables that are
 6073  washed, colored, or otherwise treated in their unpeeled, natural
 6074  form before they are marketed.
 6075         Section 7. Section 500.105, Florida Statutes, is created to
 6076  read:
 6077         500.105 Retail marijuana store food products containing
 6078  marijuana.—Food products containing marijuana which are prepared
 6079  in a food establishment that holds a permit under s. 500.12, if
 6080  required, and which are sold by a retail marijuana store
 6081  licensed under chapter 566 are not considered adulterated under
 6082  this chapter due to the presence of marijuana.
 6083         Section 8. Subsection (1) of section 562.13, Florida
 6084  Statutes, is amended to read:
 6085         562.13 Employment of minors or certain other persons by
 6086  certain vendors prohibited; exceptions.—
 6087         (1) Unless otherwise provided in this section, it is
 6088  unlawful for any vendor licensed under the Beverage Law or a
 6089  licensee under chapter 566 to employ any person under 18 years
 6090  of age.
 6091         Section 9. Subsection (1) of section 569.0073, Florida
 6092  Statutes, is amended to read:
 6093         569.0073 Special provisions; smoking pipes and smoking
 6094  devices.—
 6095         (1) It is unlawful for any person to offer for sale at
 6096  retail any of the items listed in subsection (2) unless such
 6097  person:
 6098         (a) Has a retail tobacco products dealer permit under s.
 6099  569.003 or is a marijuana establishment licensed under s.
 6100  566.036. The provisions of this chapter apply to any person who
 6101  that offers for retail sale any of the items listed in
 6102  subsection (2); and
 6103         (b)1. Derives at least 75 percent of its annual gross
 6104  revenues from the retail sale of cigarettes, cigars, and other
 6105  tobacco products or from marijuana products sold in compliance
 6106  with chapter 566; or
 6107         2. Derives no more than 25 percent of its annual gross
 6108  revenues from the retail sale of the items listed in subsection
 6109  (2).
 6110         Section 10. Paragraph (c) of subsection (1) of section
 6111  893.03, Florida Statutes, is amended to read:
 6112         893.03 Standards and schedules.—The substances enumerated
 6113  in this section are controlled by this chapter. The controlled
 6114  substances listed or to be listed in Schedules I, II, III, IV,
 6115  and V are included by whatever official, common, usual,
 6116  chemical, trade name, or class designated. The provisions of
 6117  this section shall not be construed to include within any of the
 6118  schedules contained in this section any excluded drugs listed
 6119  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 6120  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 6121  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 6122  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 6123  Anabolic Steroid Products.”
 6124         (1) SCHEDULE I.—A substance in Schedule I has a high
 6125  potential for abuse and has no currently accepted medical use in
 6126  treatment in the United States and in its use under medical
 6127  supervision does not meet accepted safety standards. The
 6128  following substances are controlled in Schedule I:
 6129         (c) Unless specifically excepted or unless listed in
 6130  another schedule, any material, compound, mixture, or
 6131  preparation that contains any quantity of the following
 6132  hallucinogenic substances or that contains any of their salts,
 6133  isomers, including optical, positional, or geometric isomers,
 6134  homologues, nitrogen-heterocyclic analogs, esters, ethers, and
 6135  salts of isomers, homologues, nitrogen-heterocyclic analogs,
 6136  esters, or ethers, if the existence of such salts, isomers, and
 6137  salts of isomers is possible within the specific chemical
 6138  designation or class description:
 6139         1. Alpha-Ethyltryptamine.
 6140         2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2
 6141  oxazoline).
 6142         3. Aminorex (2-Amino-5-phenyl-2-oxazoline).
 6143         4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 6144         5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 6145         6. Bufotenine.
 6146         7. Cannabis.
 6147         7.8. Cathinone.
 6148         8.9. DET (Diethyltryptamine).
 6149         9.10. 2,5-Dimethoxyamphetamine.
 6150         10.11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine).
 6151         11.12. DMT (Dimethyltryptamine).
 6152         12.13. PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine
 6153  analog of phencyclidine).
 6154         13.14. JB-318 (N-Ethyl-3-piperidyl benzilate).
 6155         14.15. N-Ethylamphetamine.
 6156         15.16. Fenethylline.
 6157         16.17. 3,4-Methylenedioxy-N-hydroxyamphetamine.
 6158         17.18. Ibogaine.
 6159         18.19. LSD (Lysergic acid diethylamide).
 6160         19.20. Mescaline.
 6161         20.21. Methcathinone.
 6162         21.22. 5-Methoxy-3,4-methylenedioxyamphetamine.
 6163         22.23. PMA (4-Methoxyamphetamine).
 6164         23.24. PMMA (4-Methoxymethamphetamine).
 6165         24.25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 6166         25.26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 6167         26.27. MDA (3,4-Methylenedioxyamphetamine).
 6168         27.28. JB-336 (N-Methyl-3-piperidyl benzilate).
 6169         28.29. N,N-Dimethylamphetamine.
 6170         29.30. Parahexyl.
 6171         30.31. Peyote.
 6172         31.32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)
 6173  (Pyrrolidine analog of phencyclidine).
 6174         32.33. Psilocybin.
 6175         33.34. Psilocyn.
 6176         34.35. Salvia divinorum, except for any drug product
 6177  approved by the United States Food and Drug Administration which
 6178  contains Salvia divinorum or its isomers, esters, ethers, salts,
 6179  and salts of isomers, esters, and ethers, if the existence of
 6180  such isomers, esters, ethers, and salts is possible within the
 6181  specific chemical designation.
 6182         35.36. Salvinorin A, except for any drug product approved
 6183  by the United States Food and Drug Administration which contains
 6184  Salvinorin A or its isomers, esters, ethers, salts, and salts of
 6185  isomers, esters, and ethers, if the existence of such isomers,
 6186  esters, ethers, and salts is possible within the specific
 6187  chemical designation.
 6188         36.37. Xylazine.
 6189         37.38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)
 6190  (Thiophene analog of phencyclidine).
 6191         38.39. 3,4,5-Trimethoxyamphetamine.
 6192         39.40. Methylone (3,4-Methylenedioxymethcathinone).
 6193         40.41. MDPV (3,4-Methylenedioxypyrovalerone).
 6194         41.42. Methylmethcathinone.
 6195         42.43. Methoxymethcathinone.
 6196         43.44. Fluoromethcathinone.
 6197         44.45. Methylethcathinone.
 6198         45.46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan
 6199  2-yl)phenol) and its dimethyloctyl (C8) homologue.
 6200         46.47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6201  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6202  ol].
 6203         47.48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
 6204         48.49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
 6205         49.50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
 6206  naphthoyl)indole).
 6207         50.51. BZP (Benzylpiperazine).
 6208         51.52. Fluorophenylpiperazine.
 6209         52.53. Methylphenylpiperazine.
 6210         53.54. Chlorophenylpiperazine.
 6211         54.55. Methoxyphenylpiperazine.
 6212         55.56. DBZP (1,4-Dibenzylpiperazine).
 6213         56.57. TFMPP (Trifluoromethylphenylpiperazine).
 6214         57.58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 6215  Methylenedioxy-N-methylbutanamine).
 6216         58.59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 6217         59.60. 5-Hydroxy-N-methyltryptamine.
 6218         60.61. 5-MeO-MiPT (5-Methoxy-N-methyl-N
 6219  isopropyltryptamine).
 6220         61.62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 6221         62.63. Methyltryptamine.
 6222         63.64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 6223         64.65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 6224         65.66. Tyramine (4-Hydroxyphenethylamine).
 6225         66.67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 6226         67.68. DiPT (N,N-Diisopropyltryptamine).
 6227         68.69. DPT (N,N-Dipropyltryptamine).
 6228         69.70. 4-Hydroxy-DiPT (4-Hydroxy-N,N
 6229  diisopropyltryptamine).
 6230         70.71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 6231         71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 6232         72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 6233         73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 6234         74.75. 2C-T-4 (4-Isopropylthio-2,5
 6235  dimethoxyphenethylamine).
 6236         75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 6237         76.77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 6238         77.78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 6239         78.79. 2C-T-7 (4-(n)-Propylthio-2,5
 6240  dimethoxyphenethylamine).
 6241         79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 6242         80.81. Butylone (3,4-Methylenedioxy-alpha
 6243  methylaminobutyrophenone).
 6244         81.82. Ethcathinone.
 6245         82.83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 6246         83.84. Naphyrone (Naphthylpyrovalerone).
 6247         84.85. Dimethylone (3,4-Methylenedioxy-N,N
 6248  dimethylcathinone).
 6249         85.86. 3,4-Methylenedioxy-N,N-diethylcathinone.
 6250         86.87. 3,4-Methylenedioxy-propiophenone.
 6251         87.88. 3,4-Methylenedioxy-alpha-bromopropiophenone.
 6252         88.89. 3,4-Methylenedioxy-propiophenone-2-oxime.
 6253         89.90. 3,4-Methylenedioxy-N-acetylcathinone.
 6254         90.91. 3,4-Methylenedioxy-N-acetylmethcathinone.
 6255         91.92. 3,4-Methylenedioxy-N-acetylethcathinone.
 6256         92.93. Bromomethcathinone.
 6257         93.94. Buphedrone (alpha-Methylamino-butyrophenone).
 6258         94.95. Eutylone (3,4-Methylenedioxy-alpha
 6259  ethylaminobutyrophenone).
 6260         95.96. Dimethylcathinone.
 6261         96.97. Dimethylmethcathinone.
 6262         97.98. Pentylone (3,4-Methylenedioxy-alpha
 6263  methylaminovalerophenone).
 6264         98.99. MDPPP (3,4-Methylenedioxy-alpha
 6265  pyrrolidinopropiophenone).
 6266         99.100. MDPBP (3,4-Methylenedioxy-alpha
 6267  pyrrolidinobutyrophenone).
 6268         100.101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 6269         101.102. MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 6270         102.103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 6271  (Benocyclidine).
 6272         103.104. F-MABP (Fluoromethylaminobutyrophenone).
 6273         104.105. MeO-PBP (Methoxypyrrolidinobutyrophenone).
 6274         105.106. Et-PBP (Ethylpyrrolidinobutyrophenone).
 6275         106.107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 6276         107.108. Me-EABP (Methylethylaminobutyrophenone).
 6277         108.109. Etizolam.
 6278         109.110. PPP (Pyrrolidinopropiophenone).
 6279         110.111. PBP (Pyrrolidinobutyrophenone).
 6280         111.112. PVP (Pyrrolidinovalerophenone) or
 6281  (Pyrrolidinopentiophenone).
 6282         112.113. MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 6283         113.114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
 6284         114.115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
 6285         115.116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
 6286         116.117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
 6287         117.118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
 6288         118.119. JWH-081 (1-Pentyl-3-(4-methoxy-1
 6289  naphthoyl)indole).
 6290         119.120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
 6291         120.121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2
 6292  methylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6293         121.122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
 6294         122.123. JWH-201 (1-Pentyl-3-(4
 6295  methoxyphenylacetyl)indole).
 6296         123.124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
 6297         124.125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
 6298         125.126. JWH-250 (1-Pentyl-3-(2
 6299  methoxyphenylacetyl)indole).
 6300         126.127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
 6301         127.128. JWH-302 (1-Pentyl-3-(3
 6302  methoxyphenylacetyl)indole).
 6303         128.129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
 6304         129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl
 6305  3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6306  ol).
 6307         130.131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2
 6308  methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3
 6309  enyl] methanol).
 6310         131.132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
 6311  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
 6312  1,4-dione).
 6313         132.133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene).
 6314         133.134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5
 6315  pentylphenoxy)-undecanamide).
 6316         134.135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5
 6317  hydroxyphenoxy)-undecanamide).
 6318         135.136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5
 6319  (2-methyloctan-2-yl)phenol).
 6320         136.137. AM-694 (1-(5-Fluoropentyl)-3-(2
 6321  iodobenzoyl)indole).
 6322         137.138. AM-2201 (1-(5-Fluoropentyl)-3-(1
 6323  naphthoyl)indole).
 6324         138.139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
 6325         139.140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
 6326  methoxyphenylacetyl)indole).
 6327         140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
 6328  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 6329  naphthalenylmethanone).
 6330         141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
 6331  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 6332  naphthalenylmethanone).
 6333         142.143. Pentedrone (alpha-Methylaminovalerophenone).
 6334         143.144. Fluoroamphetamine.
 6335         144.145. Fluoromethamphetamine.
 6336         145.146. Methoxetamine.
 6337         146.147. Methiopropamine.
 6338         147.148. Methylbuphedrone (Methyl-alpha
 6339  methylaminobutyrophenone).
 6340         148.149. APB ((2-Aminopropyl)benzofuran).
 6341         149.150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
 6342         150.151. UR-144 (1-Pentyl-3-(2,2,3,3
 6343  tetramethylcyclopropanoyl)indole).
 6344         151.152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6345  tetramethylcyclopropanoyl)indole).
 6346         152.153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
 6347  tetramethylcyclopropanoyl)indole).
 6348         153.154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3
 6349  carboxamide).
 6350         154.155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6351  iodobenzoyl)indole).
 6352         155.156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole
 6353  3-carboxamide).
 6354         156.157. URB-597 ((3′-(Aminocarbonyl)[1,1′-biphenyl]-3-yl)
 6355  cyclohexylcarbamate).
 6356         157.158. URB-602 ([1,1′-Biphenyl]-3-yl-carbamic acid,
 6357  cyclohexyl ester).
 6358         158.159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
 6359  benzoxazin-4-one).
 6360         159.160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 6361         160.161. 2C-H (2,5-Dimethoxyphenethylamine).
 6362         161.162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 6363         162.163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 6364         163.164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 6365  methoxybenzyl)]phenethylamine).
 6366         164.165. MDMA (3,4-Methylenedioxymethamphetamine).
 6367         165.166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
 6368         166.167. Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole
 6369  3-carboxylate).
 6370         167.168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
 6371  carboxylate).
 6372         168.169. Fluoro AKB48 (N-Adamant-1-yl 1
 6373  (fluoropentyl)indazole-3-carboxamide).
 6374         169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6375  pentylindazole-3-carboxamide).
 6376         170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6377  1-(4-fluorobenzyl)indazole-3-carboxamide).
 6378         171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6379  yl)-1-pentylindazole-3-carboxamide).
 6380         172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan
 6381  2-yl)-1-(fluoropentyl)indole-3-carboxamide).
 6382         173.174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 6383  methoxybenzyl)]phenethylamine).
 6384         174.175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 6385  methoxybenzyl)]phenethylamine).
 6386         175.176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6387  1-(cyclohexylmethyl)indazole-3-carboxamide).
 6388         176.177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole
 6389  3-carboxylate).
 6390         177.178. Fluoro-NNEI (N-Naphthalen-1-yl 1
 6391  (fluoropentyl)indole-3-carboxamide).
 6392         178.179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2
 6393  yl)-1-(fluoropentyl)indazole-3-carboxamide).
 6394         179.180. THJ-2201 (1-(5-Fluoropentyl)-3-(1
 6395  naphthoyl)indazole).
 6396         180.181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl
 6397  1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol).
 6398         181.182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9
 6399  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
 6400  hexahydrobenzo[c]chromen-1-ol).
 6401         182.183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9
 6402  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
 6403  hexahydrobenzo[c]chromen-1-ol).
 6404         183.184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)
 6405  6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9
 6406  diol).
 6407         184.185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6
 6408  dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a
 6409  tetrahydro-6aH-benzo[c]chromen-1-ol).
 6410         185.186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl
 6411  6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione).
 6412         186.187. MAPB ((2-Methylaminopropyl)benzofuran).
 6413         187.188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine).
 6414         188.189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine).
 6415         189.190. Synthetic Cannabinoids.—Unless specifically
 6416  excepted or unless listed in another schedule or contained
 6417  within a pharmaceutical product approved by the United States
 6418  Food and Drug Administration, any material, compound, mixture,
 6419  or preparation that contains any quantity of a synthetic
 6420  cannabinoid found to be in any of the following chemical class
 6421  descriptions, or homologues, nitrogen-heterocyclic analogs,
 6422  isomers (including optical, positional, or geometric), esters,
 6423  ethers, salts, and salts of homologues, nitrogen-heterocyclic
 6424  analogs, isomers, esters, or ethers, whenever the existence of
 6425  such homologues, nitrogen-heterocyclic analogs, isomers, esters,
 6426  ethers, salts, and salts of isomers, esters, or ethers is
 6427  possible within the specific chemical class or designation.
 6428  Since nomenclature of these synthetically produced cannabinoids
 6429  is not internationally standardized and may continually evolve,
 6430  these structures or the compounds of these structures shall be
 6431  included under this subparagraph, regardless of their specific
 6432  numerical designation of atomic positions covered, if it can be
 6433  determined through a recognized method of scientific testing or
 6434  analysis that the substance contains properties that fit within
 6435  one or more of the following categories:
 6436         a. Tetrahydrocannabinols.—Any tetrahydrocannabinols
 6437  naturally contained in a plant of the genus Cannabis, the
 6438  synthetic equivalents of the substances contained in the plant
 6439  or in the resinous extracts of the genus Cannabis, or synthetic
 6440  substances, derivatives, and their isomers with similar chemical
 6441  structure and pharmacological activity, including, but not
 6442  limited to, Delta 9 tetrahydrocannabinols and their optical
 6443  isomers, Delta 8 tetrahydrocannabinols and their optical
 6444  isomers, Delta 6a,10a tetrahydrocannabinols and their optical
 6445  isomers, or any compound containing a tetrahydrobenzo[c]chromene
 6446  structure with substitution at either or both the 3-position or
 6447  9-position, with or without substitution at the 1-position with
 6448  hydroxyl or alkoxy groups, including, but not limited to:
 6449         (I) Tetrahydrocannabinol.
 6450         (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6451  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6452  ol).
 6453         (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6454  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6455  ol).
 6456         (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6457  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6458         (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
 6459  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6460         (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan
 6461  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6462         (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3
 6463  dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6464         (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)
 6465  6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
 6466         (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl
 6467  6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
 6468         (X) Parahexyl.
 6469         b. Naphthoylindoles, Naphthoylindazoles,
 6470  Naphthoylcarbazoles, Naphthylmethylindoles,
 6471  Naphthylmethylindazoles, and Naphthylmethylcarbazoles.—Any
 6472  compound containing a naphthoylindole, naphthoylindazole,
 6473  naphthoylcarbazole, naphthylmethylindole,
 6474  naphthylmethylindazole, or naphthylmethylcarbazole structure,
 6475  with or without substitution on the indole, indazole, or
 6476  carbazole ring to any extent, whether or not substituted on the
 6477  naphthyl ring to any extent, including, but not limited to:
 6478         (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
 6479         (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1
 6480  naphthoyl)indole).
 6481         (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
 6482         (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole).
 6483         (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
 6484         (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
 6485         (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
 6486         (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole).
 6487         (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole).
 6488         (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
 6489         (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
 6490         (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole).
 6491         (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
 6492         (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1
 6493  naphthoyl)indole).
 6494         (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole).
 6495         (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
 6496         (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1
 6497  naphthoyl)indole).
 6498         (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole).
 6499         (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
 6500         (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole).
 6501         (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole).
 6502         (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1
 6503  naphthylmethyl]indole).
 6504         (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1
 6505  naphthoyl)indole).
 6506         (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1
 6507  naphthoyl)indole).
 6508         (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
 6509  naphthoyl)indole).
 6510         (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
 6511         (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole).
 6512         (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
 6513         (XXIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole).
 6514         (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole).
 6515         (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1
 6516  naphthoyl)indole).
 6517         (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1
 6518  naphthoyl)indole).
 6519         (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1
 6520  naphthoyl)indole).
 6521         (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1
 6522  naphthoyl)indole).
 6523         (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1
 6524  naphthoyl)indole).
 6525         (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole).
 6526         (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1
 6527  naphthoyl)indazole).
 6528         (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1
 6529  naphthoyl)indole).
 6530         (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1
 6531  naphthoyl)indole).
 6532         (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole).
 6533         (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1
 6534  naphthoyl)carbazole).
 6535         c. Naphthoylpyrroles.—Any compound containing a
 6536  naphthoylpyrrole structure, with or without substitution on the
 6537  pyrrole ring to any extent, whether or not substituted on the
 6538  naphthyl ring to any extent, including, but not limited to:
 6539         (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole).
 6540         (II) JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole).
 6541         (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6542         (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6543         (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6544         (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1
 6545  naphthoyl)pyrrole).
 6546         (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1
 6547  naphthoyl)pyrrole).
 6548         (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1
 6549  naphthoyl)pyrrole).
 6550         (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1
 6551  naphthoyl)pyrrole).
 6552         (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1
 6553  naphthoyl)pyrrole).
 6554         d. Naphthylmethylenindenes.—Any compound containing a
 6555  naphthylmethylenindene structure, with or without substitution
 6556  at the 3-position of the indene ring to any extent, whether or
 6557  not substituted on the naphthyl ring to any extent, including,
 6558  but not limited to, JWH-176 (3-Pentyl-1
 6559  (naphthylmethylene)indene).
 6560         e. Phenylacetylindoles and Phenylacetylindazoles.—Any
 6561  compound containing a phenylacetylindole or phenylacetylindazole
 6562  structure, with or without substitution on the indole or
 6563  indazole ring to any extent, whether or not substituted on the
 6564  phenyl ring to any extent, including, but not limited to:
 6565         (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
 6566         (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
 6567         (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
 6568         (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
 6569         (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
 6570         (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
 6571         (VII) Cannabipiperidiethanone.
 6572         (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2
 6573  methoxyphenylacetyl)indole).
 6574         f. Cyclohexylphenols.—Any compound containing a
 6575  cyclohexylphenol structure, with or without substitution at the
 6576  5-position of the phenolic ring to any extent, whether or not
 6577  substituted on the cyclohexyl ring to any extent, including, but
 6578  not limited to:
 6579         (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
 6580  yl)phenol).
 6581         (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8)
 6582  homologue).
 6583         (III) CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2
 6584  methyloctan-2-yl)phenol).
 6585         g. Benzoylindoles and Benzoylindazoles.—Any compound
 6586  containing a benzoylindole or benzoylindazole structure, with or
 6587  without substitution on the indole or indazole ring to any
 6588  extent, whether or not substituted on the phenyl ring to any
 6589  extent, including, but not limited to:
 6590         (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
 6591         (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
 6592         (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6593  iodo-5-nitrobenzoyl)indole).
 6594         (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4
 6595  methoxybenzoyl)indole).
 6596         (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6597  iodobenzoyl)indole).
 6598         (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
 6599         (VII) RCS-4 C4 homologue (1-Butyl-3-(4
 6600  methoxybenzoyl)indole).
 6601         (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo
 6602  3-(4-methoxybenzoyl)indole).
 6603         h. Tetramethylcyclopropanoylindoles and
 6604  Tetramethylcyclopropanoylindazoles.—Any compound containing a
 6605  tetramethylcyclopropanoylindole or
 6606  tetramethylcyclopropanoylindazole structure, with or without
 6607  substitution on the indole or indazole ring to any extent,
 6608  whether or not substituted on the tetramethylcyclopropyl group
 6609  to any extent, including, but not limited to:
 6610         (I) UR-144 (1-Pentyl-3-(2,2,3,3
 6611  tetramethylcyclopropanoyl)indole).
 6612         (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6613  tetramethylcyclopropanoyl)indole).
 6614         (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
 6615  tetramethylcyclopropanoyl)indole).
 6616         (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3
 6617  tetramethylcyclopropanoyl)indole).
 6618         (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3
 6619  tetramethylcyclopropanoyl)indole).
 6620         (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3
 6621  tetramethylcyclopropanoyl)indole).
 6622         (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3
 6623  tetramethylcyclopropanoyl)indole).
 6624         (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6625  tetramethylcyclopropanoyl)indazole).
 6626         (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3
 6627  tetramethylcyclopropanoyl)indole).
 6628         (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3
 6629  tetramethylcyclopropanoyl)indole).
 6630         i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole
 6631  carboxamides, and Adamantylindazole carboxamides.—Any compound
 6632  containing an adamantoyl indole, adamantoyl indazole, adamantyl
 6633  indole carboxamide, or adamantyl indazole carboxamide structure,
 6634  with or without substitution on the indole or indazole ring to
 6635  any extent, whether or not substituted on the adamantyl ring to
 6636  any extent, including, but not limited to:
 6637         (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
 6638         (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
 6639  3-carboxamide).
 6640         (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
 6641  carboxamide).
 6642         (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1
 6643  adamantoyl)indole).
 6644         (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole).
 6645         (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide).
 6646         (VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1
 6647  adamantoyl)indole).
 6648         j. Quinolinylindolecarboxylates,
 6649  Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides,
 6650  and Quinolinylindazolecarboxamides.—Any compound containing a
 6651  quinolinylindole carboxylate, quinolinylindazole carboxylate,
 6652  isoquinolinylindole carboxylate, isoquinolinylindazole
 6653  carboxylate, quinolinylindole carboxamide, quinolinylindazole
 6654  carboxamide, isoquinolinylindole carboxamide, or
 6655  isoquinolinylindazole carboxamide structure, with or without
 6656  substitution on the indole or indazole ring to any extent,
 6657  whether or not substituted on the quinoline or isoquinoline ring
 6658  to any extent, including, but not limited to:
 6659         (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
 6660         (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
 6661  carboxylate).
 6662         (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
 6663  carboxylate).
 6664         (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
 6665  carboxylate).
 6666         (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate).
 6667         (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole
 6668  3-carboxylate).
 6669         (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole
 6670  3-carboxylate).
 6671         (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide).
 6672         (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3
 6673  carboxamide).
 6674         k. Naphthylindolecarboxylates and
 6675  Naphthylindazolecarboxylates.—Any compound containing a
 6676  naphthylindole carboxylate or naphthylindazole carboxylate
 6677  structure, with or without substitution on the indole or
 6678  indazole ring to any extent, whether or not substituted on the
 6679  naphthyl ring to any extent, including, but not limited to:
 6680         (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3
 6681  carboxylate).
 6682         (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3
 6683  carboxylate).
 6684         (III) Fluoro SDB-005 (1-Naphthalenyl 1
 6685  (fluoropentyl)indazole-3-carboxylate).
 6686         (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3
 6687  carboxylate).
 6688         (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3
 6689  carboxylate).
 6690         l. Naphthylindole carboxamides and Naphthylindazole
 6691  carboxamides.—Any compound containing a naphthylindole
 6692  carboxamide or naphthylindazole carboxamide structure, with or
 6693  without substitution on the indole or indazole ring to any
 6694  extent, whether or not substituted on the naphthyl ring to any
 6695  extent, including, but not limited to:
 6696         (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide).
 6697         (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
 6698  3-carboxamide).
 6699         (III) Chloro-NNEI (N-Naphthalen-1-yl 1
 6700  (chloropentyl)indole-3-carboxamide).
 6701         (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3
 6702  carboxamide).
 6703         (V) Fluoro MN-18 (N-Naphthalen-1-yl 1
 6704  (fluoropentyl)indazole-3-carboxamide).
 6705         m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl
 6706  indazole carboxamides, Alkylcarbonyl indole carboxylates, and
 6707  Alkylcarbonyl indazole carboxylates.—Any compound containing an
 6708  alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl,
 6709  1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3
 6710  phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an
 6711  indole carboxamide, indazole carboxamide, indole carboxylate, or
 6712  indazole carboxylate, with or without substitution on the indole
 6713  or indazole ring to any extent, whether or not substituted on
 6714  the alkylcarbonyl group to any extent, including, but not
 6715  limited to:
 6716         (I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1
 6717  pentylindole-3-carboxamide).
 6718         (II) Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6719  yl)-1-(fluoropentyl)indole-3-carboxamide).
 6720         (III) Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6721  (fluoropentyl)indole-3-carboxamide).
 6722         (IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6723  pentylindazole-3-carboxamide).
 6724         (V) Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6725  1-(fluoropentyl)indazole-3-carboxamide).
 6726         (VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
 6727  1-pentylindazole-3-carboxamide).
 6728         (VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1
 6729  oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide).
 6730         (VIII) AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6731  (4-fluorobenzyl)indazole-3-carboxamide).
 6732         (IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6733  yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
 6734         (X) AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6735  (cyclohexylmethyl)indazole-3-carboxamide).
 6736         (XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6737  (cyclohexylmethyl)indazole-3-carboxamide).
 6738         (XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6739  yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
 6740         (XIII) AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6741  pentylindazole-3-carboxamide).
 6742         (XIV) Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6743  (fluoropentyl)indazole-3-carboxamide).
 6744         (XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4
 6745  fluorobenzyl)indazole-3-carboxamide).
 6746         (XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6747  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
 6748         (XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6749  2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
 6750         (XVIII) MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6751  2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide).
 6752         (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
 6753  fluoropentyl)indole-3-carboxamide).
 6754         (XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
 6755  fluoropentyl)indazole-3-carboxamide).
 6756         (XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1
 6757  (cyclohexylmethyl)indazole-3-carboxamide).
 6758         (XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4
 6759  fluorobenzyl)indazole-3-carboxamide).
 6760         (XXIII) MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6761  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate).
 6762         n. Cumylindolecarboxamides and Cumylindazolecarboxamides.
 6763  Any compound containing a N-(2-phenylpropan-2-yl) indole
 6764  carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide
 6765  structure, with or without substitution on the indole or
 6766  indazole ring to any extent, whether or not substituted on the
 6767  phenyl ring of the cumyl group to any extent, including, but not
 6768  limited to:
 6769         (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3
 6770  carboxamide).
 6771         (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1
 6772  (fluoropentyl)indole-3-carboxamide).
 6773         o. Other Synthetic Cannabinoids.—Any material, compound,
 6774  mixture, or preparation that contains any quantity of a
 6775  Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
 6776         (I) With or without modification or replacement of a
 6777  carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage
 6778  between either two core rings, or linkage between a core ring
 6779  and group structure, with or without the addition of a carbon or
 6780  replacement of a carbon;
 6781         (II) With or without replacement of a core ring or group
 6782  structure, whether or not substituted on the ring or group
 6783  structures to any extent; and
 6784         (III) Is a cannabinoid receptor agonist, unless
 6785  specifically excepted or unless listed in another schedule or
 6786  contained within a pharmaceutical product approved by the United
 6787  States Food and Drug Administration.
 6788         190.191. Substituted Cathinones.—Unless specifically
 6789  excepted, listed in another schedule, or contained within a
 6790  pharmaceutical product approved by the United States Food and
 6791  Drug Administration, any material, compound, mixture, or
 6792  preparation, including its salts, isomers, esters, or ethers,
 6793  and salts of isomers, esters, or ethers, whenever the existence
 6794  of such salts is possible within any of the following specific
 6795  chemical designations:
 6796         a. Any compound containing a 2-amino-1-phenyl-1-propanone
 6797  structure;
 6798         b. Any compound containing a 2-amino-1-naphthyl-1-propanone
 6799  structure; or
 6800         c. Any compound containing a 2-amino-1-thiophenyl-1
 6801  propanone structure,
 6802  
 6803  whether or not the compound is further modified:
 6804         (I) With or without substitution on the ring system to any
 6805  extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
 6806  haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
 6807  dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
 6808  substituents;
 6809         (II) With or without substitution at the 3-propanone
 6810  position with an alkyl substituent or removal of the methyl
 6811  group at the 3-propanone position;
 6812         (III) With or without substitution at the 2-amino nitrogen
 6813  atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
 6814  not further substituted in the ring system; or
 6815         (IV) With or without inclusion of the 2-amino nitrogen atom
 6816  in a cyclic structure, including, but not limited to:
 6817         (A) Methcathinone.
 6818         (B) Ethcathinone.
 6819         (C) Methylone (3,4-Methylenedioxymethcathinone).
 6820         (D) 2,3-Methylenedioxymethcathinone.
 6821         (E) MDPV (3,4-Methylenedioxypyrovalerone).
 6822         (F) Methylmethcathinone.
 6823         (G) Methoxymethcathinone.
 6824         (H) Fluoromethcathinone.
 6825         (I) Methylethcathinone.
 6826         (J) Butylone (3,4-Methylenedioxy-alpha
 6827  methylaminobutyrophenone).
 6828         (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 6829         (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
 6830         (M) Naphyrone (Naphthylpyrovalerone).
 6831         (N) Bromomethcathinone.
 6832         (O) Buphedrone (alpha-Methylaminobutyrophenone).
 6833         (P) Eutylone (3,4-Methylenedioxy-alpha
 6834  ethylaminobutyrophenone).
 6835         (Q) Dimethylcathinone.
 6836         (R) Dimethylmethcathinone.
 6837         (S) Pentylone (3,4-Methylenedioxy-alpha
 6838  methylaminovalerophenone).
 6839         (T) Pentedrone (alpha-Methylaminovalerophenone).
 6840         (U) MDPPP (3,4-Methylenedioxy-alpha
 6841  pyrrolidinopropiophenone).
 6842         (V) MDPBP (3,4-Methylenedioxy-alpha
 6843  pyrrolidinobutyrophenone).
 6844         (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 6845         (X) PPP (Pyrrolidinopropiophenone).
 6846         (Y) PVP (Pyrrolidinovalerophenone) or
 6847  (Pyrrolidinopentiophenone).
 6848         (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 6849         (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 6850         (BB) F-MABP (Fluoromethylaminobutyrophenone).
 6851         (CC) Me-EABP (Methylethylaminobutyrophenone).
 6852         (DD) PBP (Pyrrolidinobutyrophenone).
 6853         (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
 6854         (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
 6855         (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 6856         (HH) Dimethylone (3,4-Methylenedioxy-N,N
 6857  dimethylcathinone).
 6858         (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
 6859         (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
 6860         (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
 6861         (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
 6862         (MM) Methylbuphedrone (Methyl-alpha
 6863  methylaminobutyrophenone).
 6864         (NN) Methyl-alpha-methylaminohexanophenone.
 6865         (OO) N-Ethyl-N-methylcathinone.
 6866         (PP) PHP (Pyrrolidinohexanophenone).
 6867         (QQ) PV8 (Pyrrolidinoheptanophenone).
 6868         (RR) Chloromethcathinone.
 6869         (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
 6870         191.192. Substituted Phenethylamines.—Unless specifically
 6871  excepted or unless listed in another schedule, or contained
 6872  within a pharmaceutical product approved by the United States
 6873  Food and Drug Administration, any material, compound, mixture,
 6874  or preparation, including its salts, isomers, esters, or ethers,
 6875  and salts of isomers, esters, or ethers, whenever the existence
 6876  of such salts is possible within any of the following specific
 6877  chemical designations, any compound containing a phenethylamine
 6878  structure, without a beta-keto group, and without a benzyl group
 6879  attached to the amine group, whether or not the compound is
 6880  further modified with or without substitution on the phenyl ring
 6881  to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
 6882  halide, fused alkylenedioxy, fused furan, fused benzofuran,
 6883  fused dihydrofuran, or fused tetrahydropyran substituents,
 6884  whether or not further substituted on a ring to any extent, with
 6885  or without substitution at the alpha or beta position by any
 6886  alkyl substituent, with or without substitution at the nitrogen
 6887  atom, and with or without inclusion of the 2-amino nitrogen atom
 6888  in a cyclic structure, including, but not limited to:
 6889         a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 6890         b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 6891         c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
 6892         d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 6893         e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 6894         f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 6895         g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
 6896         h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 6897         i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 6898         j. 2C-H (2,5-Dimethoxyphenethylamine).
 6899         k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 6900         l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 6901         m. MDMA (3,4-Methylenedioxymethamphetamine).
 6902         n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 6903  Methylenedioxy-N-methylbutanamine).
 6904         o. MDA (3,4-Methylenedioxyamphetamine).
 6905         p. 2,5-Dimethoxyamphetamine.
 6906         q. Fluoroamphetamine.
 6907         r. Fluoromethamphetamine.
 6908         s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 6909         t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 6910         u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 6911         v. DOET (4-Ethyl-2,5-dimethoxyamphetamine).
 6912         w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 6913         x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 6914         y. PMA (4-Methoxyamphetamine).
 6915         z. N-Ethylamphetamine.
 6916         aa. 3,4-Methylenedioxy-N-hydroxyamphetamine.
 6917         bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
 6918         cc. PMMA (4-Methoxymethamphetamine).
 6919         dd. N,N-Dimethylamphetamine.
 6920         ee. 3,4,5-Trimethoxyamphetamine.
 6921         ff. 4-APB (4-(2-Aminopropyl)benzofuran).
 6922         gg. 5-APB (5-(2-Aminopropyl)benzofuran).
 6923         hh. 6-APB (6-(2-Aminopropyl)benzofuran).
 6924         ii. 7-APB (7-(2-Aminopropyl)benzofuran).
 6925         jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6926         kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6927         ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6928         mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6929         nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
 6930         oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran).
 6931         pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
 6932         qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
 6933         rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
 6934         ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
 6935  dihydrobenzofuran),
 6936  
 6937  which does not include phenethylamine, mescaline as described in
 6938  subparagraph 19. subparagraph 20., substituted cathinones as
 6939  described in subparagraph 190. subparagraph 191., N-Benzyl
 6940  phenethylamine compounds as described in subparagraph 192.
 6941  subparagraph 193., or methamphetamine as described in
 6942  subparagraph (2)(c)5.
 6943         192.193. N-Benzyl Phenethylamine Compounds.—Unless
 6944  specifically excepted or unless listed in another schedule, or
 6945  contained within a pharmaceutical product approved by the United
 6946  States Food and Drug Administration, any material, compound,
 6947  mixture, or preparation, including its salts, isomers, esters,
 6948  or ethers, and salts of isomers, esters, or ethers, whenever the
 6949  existence of such salts is possible within any of the following
 6950  specific chemical designations, any compound containing a
 6951  phenethylamine structure without a beta-keto group, with
 6952  substitution on the nitrogen atom of the amino group with a
 6953  benzyl substituent, with or without substitution on the phenyl
 6954  or benzyl ring to any extent with alkyl, alkoxy, thio,
 6955  alkylthio, halide, fused alkylenedioxy, fused furan, fused
 6956  benzofuran, or fused tetrahydropyran substituents, whether or
 6957  not further substituted on a ring to any extent, with or without
 6958  substitution at the alpha position by any alkyl substituent,
 6959  including, but not limited to:
 6960         a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 6961  methoxybenzyl)]phenethylamine).
 6962         b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
 6963  hydroxybenzyl)]phenethylamine).
 6964         c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
 6965  fluorobenzyl)]phenethylamine).
 6966         d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
 6967  methylenedioxybenzyl)]phenethylamine).
 6968         e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 6969  methoxybenzyl)]phenethylamine).
 6970         f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
 6971  hydroxybenzyl)]phenethylamine).
 6972         g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
 6973  fluorobenzyl)]phenethylamine).
 6974         h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
 6975  methylenedioxybenzyl)]phenethylamine).
 6976         i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
 6977  methoxybenzyl)]phenethylamine).
 6978         j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
 6979  methoxybenzyl)]phenethylamine).
 6980         k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
 6981  methoxybenzyl)]phenethylamine).
 6982         l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 6983  methoxybenzyl)]phenethylamine).
 6984         m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
 6985  hydroxybenzyl)]phenethylamine).
 6986         n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
 6987  fluorobenzyl)]phenethylamine).
 6988         o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
 6989  methylenedioxybenzyl)]phenethylamine).
 6990         p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
 6991  methoxybenzyl)]phenethylamine).
 6992         q. 25H-NBOH (2,5-Dimethoxy-[N-(2
 6993  hydroxybenzyl)]phenethylamine).
 6994         r. 25H-NBF (2,5-Dimethoxy-[N-(2
 6995  fluorobenzyl)]phenethylamine).
 6996         s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
 6997  methoxybenzyl)]phenethylamine),
 6998  
 6999  which does not include substituted cathinones as described in
 7000  subparagraph 190. subparagraph 191.
 7001         193.194. Substituted Tryptamines.—Unless specifically
 7002  excepted or unless listed in another schedule, or contained
 7003  within a pharmaceutical product approved by the United States
 7004  Food and Drug Administration, any material, compound, mixture,
 7005  or preparation containing a 2-(1H-indol-3-yl)ethanamine, for
 7006  example tryptamine, structure with or without mono- or di
 7007  substitution of the amine nitrogen with alkyl or alkenyl groups,
 7008  or by inclusion of the amino nitrogen atom in a cyclic
 7009  structure, whether or not substituted at the alpha position with
 7010  an alkyl group, whether or not substituted on the indole ring to
 7011  any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
 7012  groups, including, but not limited to:
 7013         a. Alpha-Ethyltryptamine.
 7014         b. Bufotenine.
 7015         c. DET (Diethyltryptamine).
 7016         d. DMT (Dimethyltryptamine).
 7017         e. MET (N-Methyl-N-ethyltryptamine).
 7018         f. DALT (N,N-Diallyltryptamine).
 7019         g. EiPT (N-Ethyl-N-isopropyltryptamine).
 7020         h. MiPT (N-Methyl-N-isopropyltryptamine).
 7021         i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 7022         j. 5-Hydroxy-N-methyltryptamine.
 7023         k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
 7024         l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 7025         m. Methyltryptamine.
 7026         n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 7027         o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 7028         p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 7029         q. DiPT (N,N-Diisopropyltryptamine).
 7030         r. DPT (N,N-Dipropyltryptamine).
 7031         s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
 7032         t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 7033         u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
 7034         v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
 7035         w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
 7036         x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
 7037         y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
 7038  isopropyltryptamine).
 7039         z. Methyl-alpha-ethyltryptamine.
 7040         aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
 7041  
 7042  which does not include tryptamine, psilocyn as described in
 7043  subparagraph 33. subparagraph 34., or psilocybin as described in
 7044  subparagraph 32. subparagraph 33.
 7045         194.195. Substituted Phenylcyclohexylamines.—Unless
 7046  specifically excepted or unless listed in another schedule, or
 7047  contained within a pharmaceutical product approved by the United
 7048  States Food and Drug Administration, any material, compound,
 7049  mixture, or preparation containing a phenylcyclohexylamine
 7050  structure, with or without any substitution on the phenyl ring,
 7051  any substitution on the cyclohexyl ring, any replacement of the
 7052  phenyl ring with a thiophenyl or benzothiophenyl ring, with or
 7053  without substitution on the amine with alkyl, dialkyl, or alkoxy
 7054  substituents, inclusion of the nitrogen in a cyclic structure,
 7055  or any combination of the above, including, but not limited to:
 7056         a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 7057  (Benocyclidine).
 7058         b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
 7059  of phencyclidine).
 7060         c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
 7061  analog of phencyclidine).
 7062         d. PCPr (Phenylcyclohexylpropylamine).
 7063         e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
 7064  analog of phencyclidine).
 7065         f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
 7066         g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
 7067         h. Methoxetamine.
 7068         i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
 7069         j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
 7070         k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
 7071         l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
 7072         m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
 7073         n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
 7074         o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
 7075         p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
 7076         q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
 7077         r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
 7078         195.196. W-15, 4-chloro-N-[1-(2-phenylethyl)-2
 7079  piperidinylidene]-benzenesulfonamide.
 7080         196.197. W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2
 7081  piperidinylidene]-benzenesulfonamide.
 7082         197.198. AH-7921, 3,4-dichloro-N-[[1
 7083  (dimethylamino)cyclohexyl]methyl]-benzamide.
 7084         198.199. U47700, trans-3,4-dichloro-N-[2
 7085  (dimethylamino)cyclohexyl]-N-methyl-benzamide.
 7086         199.200. MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)
 7087  piperazine, dihydrochloride.
 7088  
 7089         Section 11. Subsections (3), (6), and (9) of section
 7090  893.13, Florida Statutes, are amended, and a new subsection (10)
 7091  is added to that section, to read:
 7092         893.13 Prohibited acts; penalties.—
 7093         (3) A person who delivers, without consideration, 20 grams
 7094  or less of cannabis, as defined in this chapter, commits a
 7095  misdemeanor of the first degree, punishable as provided in s.
 7096  775.082 or s. 775.083. As used in this subsection, the term
 7097  “cannabis” does not include the resin extracted from the plants
 7098  of the genus Cannabis or any compound manufacture, salt,
 7099  derivative, mixture, or preparation of such resin.
 7100         (5)(a)(6)(a) A person may not be in actual or constructive
 7101  possession of a controlled substance unless such controlled
 7102  substance was lawfully obtained from a practitioner or pursuant
 7103  to a valid prescription or order of a practitioner while acting
 7104  in the course of his or her professional practice or to be in
 7105  actual or constructive possession of a controlled substance
 7106  except as otherwise authorized by this chapter. A person who
 7107  violates this provision commits a felony of the third degree,
 7108  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7109         (b) If the offense is the possession of 20 grams or less of
 7110  cannabis, as defined in this chapter, the person commits a
 7111  misdemeanor of the first degree, punishable as provided in s.
 7112  775.082 or s. 775.083. As used in this subsection, the term
 7113  “cannabis” does not include the resin extracted from the plants
 7114  of the genus Cannabis, or any compound manufacture, salt,
 7115  derivative, mixture, or preparation of such resin.
 7116         (b)(c) Except as provided in this chapter, a person may not
 7117  possess more than 10 grams of any substance named or described
 7118  in s. 893.03(1)(a), (1)(b), or (2)(b), or any combination
 7119  thereof, or any mixture containing any such substance. A person
 7120  who violates this paragraph commits a felony of the first
 7121  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 7122  775.084.
 7123         (c)(d) If the offense is possession of a controlled
 7124  substance named or described in s. 893.03(5), the person commits
 7125  a misdemeanor of the second degree, punishable as provided in s.
 7126  775.082 or s. 775.083.
 7127         (e) Notwithstanding any provision to the contrary of the
 7128  laws of this state relating to arrest, a law enforcement officer
 7129  may arrest without warrant any person who the officer has
 7130  probable cause to believe is violating the provisions of this
 7131  chapter relating to possession of cannabis.
 7132         (8)(9) The provisions of Subsections (1)-(7) (1)-(8) are
 7133  not applicable to the delivery to, or actual or constructive
 7134  possession for medical or scientific use or purpose only of
 7135  controlled substances by, persons included in any of the
 7136  following classes, or the agents or employees of such persons,
 7137  for use in the usual course of their business or profession or
 7138  in the performance of their official duties:
 7139         (a) Pharmacists.
 7140         (b) Practitioners.
 7141         (c) Persons who procure controlled substances in good faith
 7142  and in the course of professional practice only, by or under the
 7143  supervision of pharmacists or practitioners employed by them, or
 7144  for the purpose of lawful research, teaching, or testing, and
 7145  not for resale.
 7146         (d) Hospitals that procure controlled substances for lawful
 7147  administration by practitioners, but only for use by or in the
 7148  particular hospital.
 7149         (e) Officers or employees of state, federal, or local
 7150  governments acting in their official capacity only, or informers
 7151  acting under their jurisdiction.
 7152         (f) Common carriers.
 7153         (g) Manufacturers, wholesalers, and distributors.
 7154         (h) Law enforcement officers for bona fide law enforcement
 7155  purposes in the course of an active criminal investigation.
 7156         (10) Subsections (1)-(7) are not applicable to conduct
 7157  authorized under chapter 566.
 7158         Section 12. Subsection (1) of section 893.135, Florida
 7159  Statutes, is amended to read:
 7160         893.135 Trafficking; mandatory sentences; suspension or
 7161  reduction of sentences; conspiracy to engage in trafficking.—
 7162         (1) Except as authorized in this chapter, or in chapter
 7163  499, or chapter 566 and notwithstanding the provisions of s.
 7164  893.13:
 7165         (a) Any person who knowingly sells, purchases,
 7166  manufactures, delivers, or brings into this state, or who is
 7167  knowingly in actual or constructive possession of, in excess of
 7168  25 pounds of cannabis, or 300 or more cannabis plants, commits a
 7169  felony of the first degree, which felony shall be known as
 7170  “trafficking in cannabis,” punishable as provided in s. 775.082,
 7171  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
 7172         1. Is in excess of 25 pounds, but less than 2,000 pounds,
 7173  or is 300 or more cannabis plants, but not more than 2,000
 7174  cannabis plants, such person shall be sentenced to a mandatory
 7175  minimum term of imprisonment of 3 years, and the defendant shall
 7176  be ordered to pay a fine of $25,000.
 7177         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
 7178  is 2,000 or more cannabis plants, but not more than 10,000
 7179  cannabis plants, such person shall be sentenced to a mandatory
 7180  minimum term of imprisonment of 7 years, and the defendant shall
 7181  be ordered to pay a fine of $50,000.
 7182         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
 7183  plants, such person shall be sentenced to a mandatory minimum
 7184  term of imprisonment of 15 calendar years and pay a fine of
 7185  $200,000.
 7186  
 7187  For the purpose of this paragraph, a plant, including, but not
 7188  limited to, a seedling or cutting, is a “cannabis plant” if it
 7189  has some readily observable evidence of root formation, such as
 7190  root hairs. To determine if a piece or part of a cannabis plant
 7191  severed from the cannabis plant is itself a cannabis plant, the
 7192  severed piece or part must have some readily observable evidence
 7193  of root formation, such as root hairs. Callous tissue is not
 7194  readily observable evidence of root formation. The viability and
 7195  sex of a plant and the fact that the plant may or may not be a
 7196  dead harvested plant are not relevant in determining if the
 7197  plant is a “cannabis plant” or in the charging of an offense
 7198  under this paragraph. Upon conviction, the court shall impose
 7199  the longest term of imprisonment provided for in this paragraph.
 7200         (a)1.(b)1. Any person who knowingly sells, purchases,
 7201  manufactures, delivers, or brings into this state, or who is
 7202  knowingly in actual or constructive possession of, 28 grams or
 7203  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 7204  mixture containing cocaine, but less than 150 kilograms of
 7205  cocaine or any such mixture, commits a felony of the first
 7206  degree, which felony shall be known as “trafficking in cocaine,”
 7207  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7208  If the quantity involved:
 7209         a. Is 28 grams or more, but less than 200 grams, such
 7210  person shall be sentenced to a mandatory minimum term of
 7211  imprisonment of 3 years, and the defendant shall be ordered to
 7212  pay a fine of $50,000.
 7213         b. Is 200 grams or more, but less than 400 grams, such
 7214  person shall be sentenced to a mandatory minimum term of
 7215  imprisonment of 7 years, and the defendant shall be ordered to
 7216  pay a fine of $100,000.
 7217         c. Is 400 grams or more, but less than 150 kilograms, such
 7218  person shall be sentenced to a mandatory minimum term of
 7219  imprisonment of 15 calendar years and pay a fine of $250,000.
 7220         2. Any person who knowingly sells, purchases, manufactures,
 7221  delivers, or brings into this state, or who is knowingly in
 7222  actual or constructive possession of, 150 kilograms or more of
 7223  cocaine, as described in s. 893.03(2)(a)4., commits the first
 7224  degree felony of trafficking in cocaine. A person who has been
 7225  convicted of the first degree felony of trafficking in cocaine
 7226  under this subparagraph shall be punished by life imprisonment
 7227  and is ineligible for any form of discretionary early release
 7228  except pardon or executive clemency or conditional medical
 7229  release under s. 947.149. However, if the court determines that,
 7230  in addition to committing any act specified in this paragraph:
 7231         a. The person intentionally killed an individual or
 7232  counseled, commanded, induced, procured, or caused the
 7233  intentional killing of an individual and such killing was the
 7234  result; or
 7235         b. The person’s conduct in committing that act led to a
 7236  natural, though not inevitable, lethal result,
 7237  
 7238  such person commits the capital felony of trafficking in
 7239  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 7240  person sentenced for a capital felony under this paragraph shall
 7241  also be sentenced to pay the maximum fine provided under
 7242  subparagraph 1.
 7243         3. Any person who knowingly brings into this state 300
 7244  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 7245  and who knows that the probable result of such importation would
 7246  be the death of any person, commits capital importation of
 7247  cocaine, a capital felony punishable as provided in ss. 775.082
 7248  and 921.142. Any person sentenced for a capital felony under
 7249  this paragraph shall also be sentenced to pay the maximum fine
 7250  provided under subparagraph 1.
 7251         (b)1.(c)1. A person who knowingly sells, purchases,
 7252  manufactures, delivers, or brings into this state, or who is
 7253  knowingly in actual or constructive possession of, 4 grams or
 7254  more of any morphine, opium, hydromorphone, or any salt,
 7255  derivative, isomer, or salt of an isomer thereof, including
 7256  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 7257  (3)(c)4., or 4 grams or more of any mixture containing any such
 7258  substance, but less than 30 kilograms of such substance or
 7259  mixture, commits a felony of the first degree, which felony
 7260  shall be known as “trafficking in illegal drugs,” punishable as
 7261  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 7262  quantity involved:
 7263         a. Is 4 grams or more, but less than 14 grams, such person
 7264  shall be sentenced to a mandatory minimum term of imprisonment
 7265  of 3 years and shall be ordered to pay a fine of $50,000.
 7266         b. Is 14 grams or more, but less than 28 grams, such person
 7267  shall be sentenced to a mandatory minimum term of imprisonment
 7268  of 15 years and shall be ordered to pay a fine of $100,000.
 7269         c. Is 28 grams or more, but less than 30 kilograms, such
 7270  person shall be sentenced to a mandatory minimum term of
 7271  imprisonment of 25 years and shall be ordered to pay a fine of
 7272  $500,000.
 7273         2. A person who knowingly sells, purchases, manufactures,
 7274  delivers, or brings into this state, or who is knowingly in
 7275  actual or constructive possession of, 28 grams or more of
 7276  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 7277  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
 7278  grams or more of any mixture containing any such substance,
 7279  commits a felony of the first degree, which felony shall be
 7280  known as “trafficking in hydrocodone,” punishable as provided in
 7281  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 7282         a. Is 28 grams or more, but less than 50 grams, such person
 7283  shall be sentenced to a mandatory minimum term of imprisonment
 7284  of 3 years and shall be ordered to pay a fine of $50,000.
 7285         b. Is 50 grams or more, but less than 100 grams, such
 7286  person shall be sentenced to a mandatory minimum term of
 7287  imprisonment of 7 years and shall be ordered to pay a fine of
 7288  $100,000.
 7289         c. Is 100 grams or more, but less than 300 grams, such
 7290  person shall be sentenced to a mandatory minimum term of
 7291  imprisonment of 15 years and shall be ordered to pay a fine of
 7292  $500,000.
 7293         d. Is 300 grams or more, but less than 30 kilograms, such
 7294  person shall be sentenced to a mandatory minimum term of
 7295  imprisonment of 25 years and shall be ordered to pay a fine of
 7296  $750,000.
 7297         3. A person who knowingly sells, purchases, manufactures,
 7298  delivers, or brings into this state, or who is knowingly in
 7299  actual or constructive possession of, 7 grams or more of
 7300  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 7301  thereof, or 7 grams or more of any mixture containing any such
 7302  substance, commits a felony of the first degree, which felony
 7303  shall be known as “trafficking in oxycodone,” punishable as
 7304  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 7305  quantity involved:
 7306         a. Is 7 grams or more, but less than 14 grams, such person
 7307  shall be sentenced to a mandatory minimum term of imprisonment
 7308  of 3 years and shall be ordered to pay a fine of $50,000.
 7309         b. Is 14 grams or more, but less than 25 grams, such person
 7310  shall be sentenced to a mandatory minimum term of imprisonment
 7311  of 7 years and shall be ordered to pay a fine of $100,000.
 7312         c. Is 25 grams or more, but less than 100 grams, such
 7313  person shall be sentenced to a mandatory minimum term of
 7314  imprisonment of 15 years and shall be ordered to pay a fine of
 7315  $500,000.
 7316         d. Is 100 grams or more, but less than 30 kilograms, such
 7317  person shall be sentenced to a mandatory minimum term of
 7318  imprisonment of 25 years and shall be ordered to pay a fine of
 7319  $750,000.
 7320         4.a. A person who knowingly sells, purchases, manufactures,
 7321  delivers, or brings into this state, or who is knowingly in
 7322  actual or constructive possession of, 4 grams or more of:
 7323         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 7324         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 7325         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 7326         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 7327         (V) A fentanyl derivative, as described in s.
 7328  893.03(1)(a)62.;
 7329         (VI) A controlled substance analog, as described in s.
 7330  893.0356, of any substance described in sub-sub-subparagraphs
 7331  (I)-(V); or
 7332         (VII) A mixture containing any substance described in sub
 7333  sub-subparagraphs (I)-(VI),
 7334  
 7335  commits a felony of the first degree, which felony shall be
 7336  known as “trafficking in fentanyl,” punishable as provided in s.
 7337  775.082, s. 775.083, or s. 775.084.
 7338         b. If the quantity involved under sub-subparagraph a.:
 7339         (I) Is 4 grams or more, but less than 14 grams, such person
 7340  shall be sentenced to a mandatory minimum term of imprisonment
 7341  of 3 years, and shall be ordered to pay a fine of $50,000.
 7342         (II) Is 14 grams or more, but less than 28 grams, such
 7343  person shall be sentenced to a mandatory minimum term of
 7344  imprisonment of 15 years, and shall be ordered to pay a fine of
 7345  $100,000.
 7346         (III) Is 28 grams or more, such person shall be sentenced
 7347  to a mandatory minimum term of imprisonment of 25 years, and
 7348  shall be ordered to pay a fine of $500,000.
 7349         5. A person who knowingly sells, purchases, manufactures,
 7350  delivers, or brings into this state, or who is knowingly in
 7351  actual or constructive possession of, 30 kilograms or more of
 7352  any morphine, opium, oxycodone, hydrocodone, codeine,
 7353  hydromorphone, or any salt, derivative, isomer, or salt of an
 7354  isomer thereof, including heroin, as described in s.
 7355  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 7356  more of any mixture containing any such substance, commits the
 7357  first degree felony of trafficking in illegal drugs. A person
 7358  who has been convicted of the first degree felony of trafficking
 7359  in illegal drugs under this subparagraph shall be punished by
 7360  life imprisonment and is ineligible for any form of
 7361  discretionary early release except pardon or executive clemency
 7362  or conditional medical release under s. 947.149. However, if the
 7363  court determines that, in addition to committing any act
 7364  specified in this paragraph:
 7365         a. The person intentionally killed an individual or
 7366  counseled, commanded, induced, procured, or caused the
 7367  intentional killing of an individual and such killing was the
 7368  result; or
 7369         b. The person’s conduct in committing that act led to a
 7370  natural, though not inevitable, lethal result,
 7371  
 7372  such person commits the capital felony of trafficking in illegal
 7373  drugs, punishable as provided in ss. 775.082 and 921.142. A
 7374  person sentenced for a capital felony under this paragraph shall
 7375  also be sentenced to pay the maximum fine provided under
 7376  subparagraph 1.
 7377         6. A person who knowingly brings into this state 60
 7378  kilograms or more of any morphine, opium, oxycodone,
 7379  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 7380  isomer, or salt of an isomer thereof, including heroin, as
 7381  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 7382  60 kilograms or more of any mixture containing any such
 7383  substance, and who knows that the probable result of such
 7384  importation would be the death of a person, commits capital
 7385  importation of illegal drugs, a capital felony punishable as
 7386  provided in ss. 775.082 and 921.142. A person sentenced for a
 7387  capital felony under this paragraph shall also be sentenced to
 7388  pay the maximum fine provided under subparagraph 1.
 7389         (c)1.(d)1. Any person who knowingly sells, purchases,
 7390  manufactures, delivers, or brings into this state, or who is
 7391  knowingly in actual or constructive possession of, 28 grams or
 7392  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 7393  substituted phenylcyclohexylamine, as described in s.
 7394  893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
 7395  in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
 7396  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 7397  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 7398  substituted phenylcyclohexylamine, as described in s.
 7399  893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
 7400  in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
 7401  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 7402  the first degree, which felony shall be known as “trafficking in
 7403  phencyclidine,” punishable as provided in s. 775.082, s.
 7404  775.083, or s. 775.084. If the quantity involved:
 7405         a. Is 28 grams or more, but less than 200 grams, such
 7406  person shall be sentenced to a mandatory minimum term of
 7407  imprisonment of 3 years, and the defendant shall be ordered to
 7408  pay a fine of $50,000.
 7409         b. Is 200 grams or more, but less than 400 grams, such
 7410  person shall be sentenced to a mandatory minimum term of
 7411  imprisonment of 7 years, and the defendant shall be ordered to
 7412  pay a fine of $100,000.
 7413         c. Is 400 grams or more, such person shall be sentenced to
 7414  a mandatory minimum term of imprisonment of 15 calendar years
 7415  and pay a fine of $250,000.
 7416         2. Any person who knowingly brings into this state 800
 7417  grams or more of phencyclidine, as described in s.
 7418  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 7419  described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
 7420  substance described in s. 893.03(1)(c)12., 31., 37., 102., or
 7421  145. s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any
 7422  mixture containing phencyclidine, as described in s.
 7423  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 7424  described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
 7425  substance described in s. 893.03(1)(c)12., 31., 37., 102., or
 7426  145. s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows
 7427  that the probable result of such importation would be the death
 7428  of any person commits capital importation of phencyclidine, a
 7429  capital felony punishable as provided in ss. 775.082 and
 7430  921.142. Any person sentenced for a capital felony under this
 7431  paragraph shall also be sentenced to pay the maximum fine
 7432  provided under subparagraph 1.
 7433         (d)1.(e)1. Any person who knowingly sells, purchases,
 7434  manufactures, delivers, or brings into this state, or who is
 7435  knowingly in actual or constructive possession of, 200 grams or
 7436  more of methaqualone or of any mixture containing methaqualone,
 7437  as described in s. 893.03(1)(d), commits a felony of the first
 7438  degree, which felony shall be known as “trafficking in
 7439  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 7440  or s. 775.084. If the quantity involved:
 7441         a. Is 200 grams or more, but less than 5 kilograms, such
 7442  person shall be sentenced to a mandatory minimum term of
 7443  imprisonment of 3 years, and the defendant shall be ordered to
 7444  pay a fine of $50,000.
 7445         b. Is 5 kilograms or more, but less than 25 kilograms, such
 7446  person shall be sentenced to a mandatory minimum term of
 7447  imprisonment of 7 years, and the defendant shall be ordered to
 7448  pay a fine of $100,000.
 7449         c. Is 25 kilograms or more, such person shall be sentenced
 7450  to a mandatory minimum term of imprisonment of 15 calendar years
 7451  and pay a fine of $250,000.
 7452         2. Any person who knowingly brings into this state 50
 7453  kilograms or more of methaqualone or of any mixture containing
 7454  methaqualone, as described in s. 893.03(1)(d), and who knows
 7455  that the probable result of such importation would be the death
 7456  of any person commits capital importation of methaqualone, a
 7457  capital felony punishable as provided in ss. 775.082 and
 7458  921.142. Any person sentenced for a capital felony under this
 7459  paragraph shall also be sentenced to pay the maximum fine
 7460  provided under subparagraph 1.
 7461         (e)1.(f)1. Any person who knowingly sells, purchases,
 7462  manufactures, delivers, or brings into this state, or who is
 7463  knowingly in actual or constructive possession of, 14 grams or
 7464  more of amphetamine, as described in s. 893.03(2)(c)2., or
 7465  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 7466  mixture containing amphetamine or methamphetamine, or
 7467  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 7468  in conjunction with other chemicals and equipment utilized in
 7469  the manufacture of amphetamine or methamphetamine, commits a
 7470  felony of the first degree, which felony shall be known as
 7471  “trafficking in amphetamine,” punishable as provided in s.
 7472  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 7473         a. Is 14 grams or more, but less than 28 grams, such person
 7474  shall be sentenced to a mandatory minimum term of imprisonment
 7475  of 3 years, and the defendant shall be ordered to pay a fine of
 7476  $50,000.
 7477         b. Is 28 grams or more, but less than 200 grams, such
 7478  person shall be sentenced to a mandatory minimum term of
 7479  imprisonment of 7 years, and the defendant shall be ordered to
 7480  pay a fine of $100,000.
 7481         c. Is 200 grams or more, such person shall be sentenced to
 7482  a mandatory minimum term of imprisonment of 15 calendar years
 7483  and pay a fine of $250,000.
 7484         2. Any person who knowingly manufactures or brings into
 7485  this state 400 grams or more of amphetamine, as described in s.
 7486  893.03(2)(c)2., or methamphetamine, as described in s.
 7487  893.03(2)(c)5., or of any mixture containing amphetamine or
 7488  methamphetamine, or phenylacetone, phenylacetic acid,
 7489  pseudoephedrine, or ephedrine in conjunction with other
 7490  chemicals and equipment used in the manufacture of amphetamine
 7491  or methamphetamine, and who knows that the probable result of
 7492  such manufacture or importation would be the death of any person
 7493  commits capital manufacture or importation of amphetamine, a
 7494  capital felony punishable as provided in ss. 775.082 and
 7495  921.142. Any person sentenced for a capital felony under this
 7496  paragraph shall also be sentenced to pay the maximum fine
 7497  provided under subparagraph 1.
 7498         (f)1.(g)1. Any person who knowingly sells, purchases,
 7499  manufactures, delivers, or brings into this state, or who is
 7500  knowingly in actual or constructive possession of, 4 grams or
 7501  more of flunitrazepam or any mixture containing flunitrazepam as
 7502  described in s. 893.03(1)(a) commits a felony of the first
 7503  degree, which felony shall be known as “trafficking in
 7504  flunitrazepam,” punishable as provided in s. 775.082, s.
 7505  775.083, or s. 775.084. If the quantity involved:
 7506         a. Is 4 grams or more but less than 14 grams, such person
 7507  shall be sentenced to a mandatory minimum term of imprisonment
 7508  of 3 years, and the defendant shall be ordered to pay a fine of
 7509  $50,000.
 7510         b. Is 14 grams or more but less than 28 grams, such person
 7511  shall be sentenced to a mandatory minimum term of imprisonment
 7512  of 7 years, and the defendant shall be ordered to pay a fine of
 7513  $100,000.
 7514         c. Is 28 grams or more but less than 30 kilograms, such
 7515  person shall be sentenced to a mandatory minimum term of
 7516  imprisonment of 25 calendar years and pay a fine of $500,000.
 7517         2. Any person who knowingly sells, purchases, manufactures,
 7518  delivers, or brings into this state or who is knowingly in
 7519  actual or constructive possession of 30 kilograms or more of
 7520  flunitrazepam or any mixture containing flunitrazepam as
 7521  described in s. 893.03(1)(a) commits the first degree felony of
 7522  trafficking in flunitrazepam. A person who has been convicted of
 7523  the first degree felony of trafficking in flunitrazepam under
 7524  this subparagraph shall be punished by life imprisonment and is
 7525  ineligible for any form of discretionary early release except
 7526  pardon or executive clemency or conditional medical release
 7527  under s. 947.149. However, if the court determines that, in
 7528  addition to committing any act specified in this paragraph:
 7529         a. The person intentionally killed an individual or
 7530  counseled, commanded, induced, procured, or caused the
 7531  intentional killing of an individual and such killing was the
 7532  result; or
 7533         b. The person’s conduct in committing that act led to a
 7534  natural, though not inevitable, lethal result,
 7535  
 7536  such person commits the capital felony of trafficking in
 7537  flunitrazepam, punishable as provided in ss. 775.082 and
 7538  921.142. Any person sentenced for a capital felony under this
 7539  paragraph shall also be sentenced to pay the maximum fine
 7540  provided under subparagraph 1.
 7541         (g)1.(h)1. Any person who knowingly sells, purchases,
 7542  manufactures, delivers, or brings into this state, or who is
 7543  knowingly in actual or constructive possession of, 1 kilogram or
 7544  more of gamma-hydroxybutyric acid (GHB), as described in s.
 7545  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 7546  acid (GHB), commits a felony of the first degree, which felony
 7547  shall be known as “trafficking in gamma-hydroxybutyric acid
 7548  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 7549  775.084. If the quantity involved:
 7550         a. Is 1 kilogram or more but less than 5 kilograms, such
 7551  person shall be sentenced to a mandatory minimum term of
 7552  imprisonment of 3 years, and the defendant shall be ordered to
 7553  pay a fine of $50,000.
 7554         b. Is 5 kilograms or more but less than 10 kilograms, such
 7555  person shall be sentenced to a mandatory minimum term of
 7556  imprisonment of 7 years, and the defendant shall be ordered to
 7557  pay a fine of $100,000.
 7558         c. Is 10 kilograms or more, such person shall be sentenced
 7559  to a mandatory minimum term of imprisonment of 15 calendar years
 7560  and pay a fine of $250,000.
 7561         2. Any person who knowingly manufactures or brings into
 7562  this state 150 kilograms or more of gamma-hydroxybutyric acid
 7563  (GHB), as described in s. 893.03(1)(d), or any mixture
 7564  containing gamma-hydroxybutyric acid (GHB), and who knows that
 7565  the probable result of such manufacture or importation would be
 7566  the death of any person commits capital manufacture or
 7567  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 7568  punishable as provided in ss. 775.082 and 921.142. Any person
 7569  sentenced for a capital felony under this paragraph shall also
 7570  be sentenced to pay the maximum fine provided under subparagraph
 7571  1.
 7572         (h)1.(i)1. Any person who knowingly sells, purchases,
 7573  manufactures, delivers, or brings into this state, or who is
 7574  knowingly in actual or constructive possession of, 1 kilogram or
 7575  more of gamma-butyrolactone (GBL), as described in s.
 7576  893.03(1)(d), or any mixture containing gamma-butyrolactone
 7577  (GBL), commits a felony of the first degree, which felony shall
 7578  be known as “trafficking in gamma-butyrolactone (GBL),”
 7579  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7580  If the quantity involved:
 7581         a. Is 1 kilogram or more but less than 5 kilograms, such
 7582  person shall be sentenced to a mandatory minimum term of
 7583  imprisonment of 3 years, and the defendant shall be ordered to
 7584  pay a fine of $50,000.
 7585         b. Is 5 kilograms or more but less than 10 kilograms, such
 7586  person shall be sentenced to a mandatory minimum term of
 7587  imprisonment of 7 years, and the defendant shall be ordered to
 7588  pay a fine of $100,000.
 7589         c. Is 10 kilograms or more, such person shall be sentenced
 7590  to a mandatory minimum term of imprisonment of 15 calendar years
 7591  and pay a fine of $250,000.
 7592         2. Any person who knowingly manufactures or brings into the
 7593  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 7594  described in s. 893.03(1)(d), or any mixture containing gamma
 7595  butyrolactone (GBL), and who knows that the probable result of
 7596  such manufacture or importation would be the death of any person
 7597  commits capital manufacture or importation of gamma
 7598  butyrolactone (GBL), a capital felony punishable as provided in
 7599  ss. 775.082 and 921.142. Any person sentenced for a capital
 7600  felony under this paragraph shall also be sentenced to pay the
 7601  maximum fine provided under subparagraph 1.
 7602         (i)1.(j)1. Any person who knowingly sells, purchases,
 7603  manufactures, delivers, or brings into this state, or who is
 7604  knowingly in actual or constructive possession of, 1 kilogram or
 7605  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 7606  any mixture containing 1,4-Butanediol, commits a felony of the
 7607  first degree, which felony shall be known as “trafficking in
 7608  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 7609  775.083, or s. 775.084. If the quantity involved:
 7610         a. Is 1 kilogram or more, but less than 5 kilograms, such
 7611  person shall be sentenced to a mandatory minimum term of
 7612  imprisonment of 3 years, and the defendant shall be ordered to
 7613  pay a fine of $50,000.
 7614         b. Is 5 kilograms or more, but less than 10 kilograms, such
 7615  person shall be sentenced to a mandatory minimum term of
 7616  imprisonment of 7 years, and the defendant shall be ordered to
 7617  pay a fine of $100,000.
 7618         c. Is 10 kilograms or more, such person shall be sentenced
 7619  to a mandatory minimum term of imprisonment of 15 calendar years
 7620  and pay a fine of $500,000.
 7621         2. Any person who knowingly manufactures or brings into
 7622  this state 150 kilograms or more of 1,4-Butanediol as described
 7623  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 7624  and who knows that the probable result of such manufacture or
 7625  importation would be the death of any person commits capital
 7626  manufacture or importation of 1,4-Butanediol, a capital felony
 7627  punishable as provided in ss. 775.082 and 921.142. Any person
 7628  sentenced for a capital felony under this paragraph shall also
 7629  be sentenced to pay the maximum fine provided under subparagraph
 7630  1.
 7631         (j)1.(k)1. A person who knowingly sells, purchases,
 7632  manufactures, delivers, or brings into this state, or who is
 7633  knowingly in actual or constructive possession of, 10 grams or
 7634  more of a:
 7635         a. Substance described in s. 893.03(1)(c)4., 5., 9., 10.,
 7636  14., 16., 20.-26., 28., 38., 39.-44., 57., 71.-79., 80.-85.,
 7637  89.-101., 103.-107., 109.-112., 142.-144., 147.-149., 159.-162.,
 7638  164., or 186.-188. s. 893.03(1)(c)4., 5., 10., 11., 15., 17.,
 7639  21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102.,
 7640  104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or
 7641  187.-189., a substituted cathinone, as described in s.
 7642  893.03(1)(c)190. s. 893.03(1)(c)191., or substituted
 7643  phenethylamine, as described in s. 893.03(1)(c)191. s.
 7644  893.03(1)(c)192.;
 7645         b. Mixture containing any substance described in sub
 7646  subparagraph a.; or
 7647         c. Salt, isomer, ester, or ether or salt of an isomer,
 7648  ester, or ether of a substance described in sub-subparagraph a.,
 7649  
 7650  commits a felony of the first degree, which felony shall be
 7651  known as “trafficking in phenethylamines,” punishable as
 7652  provided in s. 775.082, s. 775.083, or s. 775.084.
 7653         2. If the quantity involved under subparagraph 1.:
 7654         a. Is 10 grams or more, but less than 200 grams, such
 7655  person shall be sentenced to a mandatory minimum term of
 7656  imprisonment of 3 years and shall be ordered to pay a fine of
 7657  $50,000.
 7658         b. Is 200 grams or more, but less than 400 grams, such
 7659  person shall be sentenced to a mandatory minimum term of
 7660  imprisonment of 7 years and shall be ordered to pay a fine of
 7661  $100,000.
 7662         c. Is 400 grams or more, such person shall be sentenced to
 7663  a mandatory minimum term of imprisonment of 15 years and shall
 7664  be ordered to pay a fine of $250,000.
 7665         3. A person who knowingly manufactures or brings into this
 7666  state 30 kilograms or more of a substance described in sub
 7667  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 7668  or a salt, isomer, ester, or ether or a salt of an isomer,
 7669  ester, or ether described in sub-subparagraph 1.c., and who
 7670  knows that the probable result of such manufacture or
 7671  importation would be the death of any person commits capital
 7672  manufacture or importation of phenethylamines, a capital felony
 7673  punishable as provided in ss. 775.082 and 921.142. A person
 7674  sentenced for a capital felony under this paragraph shall also
 7675  be sentenced to pay the maximum fine under subparagraph 2.
 7676         (k)1.(l)1. Any person who knowingly sells, purchases,
 7677  manufactures, delivers, or brings into this state, or who is
 7678  knowingly in actual or constructive possession of, 1 gram or
 7679  more of lysergic acid diethylamide (LSD) as described in s.
 7680  893.03(1)(c), or of any mixture containing lysergic acid
 7681  diethylamide (LSD), commits a felony of the first degree, which
 7682  felony shall be known as “trafficking in lysergic acid
 7683  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 7684  775.083, or s. 775.084. If the quantity involved:
 7685         a. Is 1 gram or more, but less than 5 grams, such person
 7686  shall be sentenced to a mandatory minimum term of imprisonment
 7687  of 3 years, and the defendant shall be ordered to pay a fine of
 7688  $50,000.
 7689         b. Is 5 grams or more, but less than 7 grams, such person
 7690  shall be sentenced to a mandatory minimum term of imprisonment
 7691  of 7 years, and the defendant shall be ordered to pay a fine of
 7692  $100,000.
 7693         c. Is 7 grams or more, such person shall be sentenced to a
 7694  mandatory minimum term of imprisonment of 15 calendar years and
 7695  pay a fine of $500,000.
 7696         2. Any person who knowingly manufactures or brings into
 7697  this state 7 grams or more of lysergic acid diethylamide (LSD)
 7698  as described in s. 893.03(1)(c), or any mixture containing
 7699  lysergic acid diethylamide (LSD), and who knows that the
 7700  probable result of such manufacture or importation would be the
 7701  death of any person commits capital manufacture or importation
 7702  of lysergic acid diethylamide (LSD), a capital felony punishable
 7703  as provided in ss. 775.082 and 921.142. Any person sentenced for
 7704  a capital felony under this paragraph shall also be sentenced to
 7705  pay the maximum fine provided under subparagraph 1.
 7706         (l)1.(m)1. A person who knowingly sells, purchases,
 7707  manufactures, delivers, or brings into this state, or who is
 7708  knowingly in actual or constructive possession of, 280 grams or
 7709  more of a:
 7710         a. Substance described in s. 893.03(1)(c)29., 45.-49.,
 7711  113.-141., 150.-155., 165.-172., or 175.-185. s.
 7712  893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or
 7713  176.-186. or a synthetic cannabinoid, as described in s.
 7714  893.03(1)(c)189. s. 893.03(1)(c)190.; or
 7715         b. Mixture containing any substance described in sub
 7716  subparagraph a.,
 7717  
 7718  commits a felony of the first degree, which felony shall be
 7719  known as “trafficking in synthetic cannabinoids,” punishable as
 7720  provided in s. 775.082, s. 775.083, or s. 775.084.
 7721         2. If the quantity involved under subparagraph 1.:
 7722         a. Is 280 grams or more, but less than 500 grams, such
 7723  person shall be sentenced to a mandatory minimum term of
 7724  imprisonment of 3 years, and the defendant shall be ordered to
 7725  pay a fine of $50,000.
 7726         b. Is 500 grams or more, but less than 1,000 grams, such
 7727  person shall be sentenced to a mandatory minimum term of
 7728  imprisonment of 7 years, and the defendant shall be ordered to
 7729  pay a fine of $100,000.
 7730         c. Is 1,000 grams or more, but less than 30 kilograms, such
 7731  person shall be sentenced to a mandatory minimum term of
 7732  imprisonment of 15 years, and the defendant shall be ordered to
 7733  pay a fine of $200,000.
 7734         d. Is 30 kilograms or more, such person shall be sentenced
 7735  to a mandatory minimum term of imprisonment of 25 years, and the
 7736  defendant shall be ordered to pay a fine of $750,000.
 7737         (m)1.(n)1. A person who knowingly sells, purchases,
 7738  manufactures, delivers, or brings into this state, or who is
 7739  knowingly in actual or constructive possession of, 14 grams or
 7740  more of:
 7741         a. A substance described in s. 893.03(1)(c)163., 173., or
 7742  174. s. 893.03(1)(c)164., 174., or 175., a n-benzyl
 7743  phenethylamine compound, as described in s. 893.03(1)(c)192. s.
 7744  893.03(1)(c)193.; or
 7745         b. A mixture containing any substance described in sub
 7746  subparagraph a.,
 7747  
 7748  commits a felony of the first degree, which felony shall be
 7749  known as “trafficking in n-benzyl phenethylamines,” punishable
 7750  as provided in s. 775.082, s. 775.083, or s. 775.084.
 7751         2. If the quantity involved under subparagraph 1.:
 7752         a. Is 14 grams or more, but less than 100 grams, such
 7753  person shall be sentenced to a mandatory minimum term of
 7754  imprisonment of 3 years, and the defendant shall be ordered to
 7755  pay a fine of $50,000.
 7756         b. Is 100 grams or more, but less than 200 grams, such
 7757  person shall be sentenced to a mandatory minimum term of
 7758  imprisonment of 7 years, and the defendant shall be ordered to
 7759  pay a fine of $100,000.
 7760         c. Is 200 grams or more, such person shall be sentenced to
 7761  a mandatory minimum term of imprisonment of 15 years, and the
 7762  defendant shall be ordered to pay a fine of $500,000.
 7763         3. A person who knowingly manufactures or brings into this
 7764  state 400 grams or more of a substance described in sub
 7765  subparagraph 1.a. or a mixture described in sub-subparagraph
 7766  1.b., and who knows that the probable result of such manufacture
 7767  or importation would be the death of any person commits capital
 7768  manufacture or importation of a n-benzyl phenethylamine
 7769  compound, a capital felony punishable as provided in ss. 775.082
 7770  and 921.142. A person sentenced for a capital felony under this
 7771  paragraph shall also be sentenced to pay the maximum fine under
 7772  subparagraph 2.
 7773         Section 13. Section 893.13501, Florida Statutes, is created
 7774  to read:
 7775         893.13501 Retroactive effect of amendments to ss. 893.03,
 7776  893.13, and 893.135.-
 7777         (1) It is the intent of the Legislature to retroactively
 7778  apply changes to ss. 893.03, 893.13, and 893.135 made by this
 7779  act which are applicable to offenders who committed offenses on
 7780  or after the effective date of those provisions as originally
 7781  enacted. A person who committed an offense and is currently in
 7782  the custody of the Department of Corrections or subject to any
 7783  form of supervision shall be resentenced as provided in
 7784  subsection (2).
 7785         (2) Sentence review under this section must occur in the
 7786  following manner:
 7787         (a) The Department of Corrections shall notify the person
 7788  described in subsection (1) of his or her eligibility to request
 7789  a sentence review hearing.
 7790         (b) The person seeking sentence review under this section
 7791  may submit an application to the court of original jurisdiction
 7792  requesting that a sentence review hearing be held. The
 7793  sentencing court retains original jurisdiction for the duration
 7794  of the sentence for this purpose.
 7795         (c) A person who is eligible for a sentence review hearing
 7796  under this section is entitled to be represented by counsel. The
 7797  court must appoint a public defender to represent the person if
 7798  he or she cannot afford an attorney.
 7799         (d) Upon receiving an application from the eligible person,
 7800  the court of original sentencing jurisdiction shall hold a
 7801  sentence review hearing to determine if the eligible person
 7802  meets the criteria for resentencing or release under this
 7803  section.
 7804         1. If the person has no further charges remaining, the
 7805  person must be released immediately.
 7806         2. If the court determines at the sentence review hearing
 7807  that the eligible person meets the criteria in this section for
 7808  resentencing, the court must resentence the person as provided
 7809  in this section; however, the new sentence may not exceed the
 7810  person’s original sentence with credit for time served.
 7811         3. If the court determines that such person does not meet
 7812  the criteria for resentencing under this section, the court must
 7813  provide written reasons why such person does not meet such
 7814  criteria.
 7815         (e) A person sentenced or resentenced pursuant to this
 7816  section is eligible to receive any gain-time pursuant to s.
 7817  944.275 which he or she was previously ineligible to receive due
 7818  to the original offense that is now subject to resentencing.
 7819         (3) This section does not apply to any offense that had
 7820  violence or a threat of violence as an element of the offense.
 7821         Section 14. Section 943.0586, Florida Statutes, is created
 7822  to read:
 7823         943.0586 Cannabis offense expunction and sealing.—
 7824         (1) DEFINITIONS.—As used in this section, the term:
 7825         (a) “Cannabis” has the same meaning as provided in s.
 7826  893.02.
 7827         (b) “Expunction” has the same meaning as in s. 943.045 and
 7828  the same effect as in s. 943.0585.
 7829         (c) “Former s. 893.13, Florida Statutes 2022,” is a
 7830  reference to s. 893.13 as it existed at any time before January
 7831  1, 2023.
 7832         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 7833  eligible to petition a court to expunge or seal a criminal
 7834  history record for the conviction of a violation of former s.
 7835  893.13, Florida Statutes 2022, and, if:
 7836         (a)1. The person has a conviction for possession of 30
 7837  grams or less of cannabis; and
 7838         2. The person is no longer under court supervision related
 7839  to the disposition of arrest or alleged criminal activity to
 7840  which the petition to expunge pertains,
 7841  
 7842  the record is eligible for sealing.
 7843         (b)1. The person has a conviction for possession of 500
 7844  grams or less of cannabis; and
 7845         2. The person is no longer under court supervision related
 7846  to the disposition of arrest or alleged criminal activity to
 7847  which the petition to expunge pertains,
 7848  
 7849  the record is eligible for expunction.
 7850         (3) CERTIFICATE OF ELIGIBILITY.—Before having a record
 7851  sealed under this section or petitioning a court to expunge a
 7852  criminal history record under this section, a person must apply
 7853  to the department for a certificate of eligibility for
 7854  expunction. The department shall adopt rules to establish
 7855  procedures for applying for and issuing a certificate of
 7856  eligibility for expunction.
 7857         (a) The department must issue a certificate of eligibility
 7858  for expunction to a person who is the subject of a criminal
 7859  history record under this section if that person:
 7860         1. Satisfies the eligibility criteria in paragraph (2)(a)
 7861  or paragraph (2)(b);
 7862         2. Has submitted to the department a written certified
 7863  statement from the applicable state attorney or statewide
 7864  prosecutor which confirms the criminal history record complies
 7865  with the criteria in paragraph (2)(a) or paragraph (2)(b); and
 7866         3. Has submitted to the department a certified copy of the
 7867  disposition of the charge to which the petition to expunge or
 7868  seal pertains.
 7869         (b) A certificate of eligibility for expunction is valid
 7870  for 12 months after the date of issuance stamped by the
 7871  department on the certificate. After that time, the petitioner
 7872  must reapply to the department for a new certificate of
 7873  eligibility. The petitioner’s status and the law in effect at
 7874  the time of the renewal application determine the petitioner’s
 7875  eligibility.
 7876         (4) SEALING.—Upon determining that a person meets the
 7877  criteria in paragraph (2)(a), the department may have his or her
 7878  record sealed without a court hearing. The department shall seal
 7879  the record as provided in s. 943.0595(3) and shall provide the
 7880  person with a certificate of eligibility and a notification
 7881  indicating that the record has been sealed. Sealing of a
 7882  criminal history record under this subsection has the same
 7883  effect, and the department may disclose such a record in the
 7884  same manner, as a record sealed under s. 943.059.
 7885         (5) PETITION FOR EXPUNCTION.—Each petition to expunge a
 7886  criminal history record meeting the criteria for expunction
 7887  under paragraph (2)(b) must be accompanied by both of the
 7888  following:
 7889         (a) A valid certificate of eligibility issued by the
 7890  department.
 7891         (b) The petitioner’s sworn statement that he or she:
 7892         1. Satisfies the eligibility requirements for expunction in
 7893  subsection (2); and
 7894         2. Is eligible for expunction to the best of his or her
 7895  knowledge.
 7896         (6) PENALTIES.—A person who knowingly provides false
 7897  information on his or her sworn statement submitted with a
 7898  petition to expunge commits a felony of the third degree,
 7899  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7900         (7) COURT AUTHORITY.—
 7901         (a) The courts of this state have jurisdiction over their
 7902  own procedures, including the maintenance, expunction, and
 7903  correction of judicial records containing criminal history
 7904  information to the extent that such procedures are not
 7905  inconsistent with the conditions, responsibilities, and duties
 7906  established by this section.
 7907         (b) A court of competent jurisdiction shall order a
 7908  criminal justice agency to expunge the criminal history record
 7909  of a person who complies with this section. The court may not
 7910  order a criminal justice agency to expunge a criminal history
 7911  record under this section until the person seeking to expunge a
 7912  criminal history record has applied for and received a
 7913  certificate of eligibility under subsection (3).
 7914         (c) Expunction granted under this section does not prevent
 7915  the person who receives such relief from petitioning for the
 7916  expunction or sealing of a later criminal history record as
 7917  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 7918  person is otherwise eligible under those sections.
 7919         (8) PROCESSING OF A PETITION OR AN ORDER.—
 7920         (a) In judicial proceedings under this section, a copy of
 7921  the completed petition to expunge must be served upon the
 7922  appropriate state attorney or the statewide prosecutor and upon
 7923  the arresting agency; however, it is not necessary to make any
 7924  agency other than the state a party to the proceeding. The
 7925  appropriate state attorney or the statewide prosecutor and the
 7926  arresting agency may respond to the court regarding the
 7927  completed petition to expunge.
 7928         (b) If relief is granted by the court, the clerk of the
 7929  court must certify copies of the order to the appropriate state
 7930  attorney or the statewide prosecutor and the arresting agency.
 7931  The arresting agency shall forward the order to any other agency
 7932  to which the arresting agency disseminated the criminal history
 7933  record information to which the order pertains. The department
 7934  shall forward the order to expunge to the Federal Bureau of
 7935  Investigation. The clerk of the court shall certify a copy of
 7936  the order to any other agency that the records of the court
 7937  reflect has received the criminal history record from the court.
 7938         (c) The department or any other criminal justice agency is
 7939  not required to act on an order to expunge entered by a court if
 7940  such order does not meet the requirements of this section. Upon
 7941  receipt of such an order, the department shall notify the
 7942  issuing court, the appropriate state attorney or the statewide
 7943  prosecutor, the petitioner or the petitioner’s attorney, and the
 7944  arresting agency of the reason for noncompliance. The
 7945  appropriate state attorney or the statewide prosecutor shall
 7946  take action within 60 days to correct the record and petition
 7947  the court to void the order. A cause of action, including
 7948  contempt of court, may not arise against any criminal justice
 7949  agency for failure to comply with an order to expunge if the
 7950  petitioner for such order failed to obtain the certificate of
 7951  eligibility as required by this section or such order does not
 7952  otherwise meet the requirements of this section.
 7953         (9) EFFECT OF CANNABIS OFFENSE EXPUNCTION ORDER.—
 7954         (a) A person who is the subject of a criminal history
 7955  record that is expunged under this section may lawfully deny or
 7956  fail to acknowledge the arrests and convictions covered by the
 7957  expunged record, except if the person who is the subject of the
 7958  record:
 7959         1. Is a candidate for employment with a criminal justice
 7960  agency;
 7961         2. Is a defendant in a criminal prosecution;
 7962         3. Concurrently or subsequently petitions for relief under
 7963  this section, s. 943.0583, s. 943.0585, or s. 943.059;
 7964         4. Is a candidate for admission to The Florida Bar;
 7965         5. Is seeking to be employed or licensed by or to contract
 7966  with the Department of Children and Families, the Division of
 7967  Vocational Rehabilitation within the Department of Education,
 7968  the Agency for Health Care Administration, the Agency for
 7969  Persons with Disabilities, the Department of Health, the
 7970  Department of Elderly Affairs, or the Department of Juvenile
 7971  Justice or to be employed or used by such contractor or licensee
 7972  in a sensitive position having direct contact with children,
 7973  persons with disabilities, or the elderly;
 7974         6. Is seeking to be employed or licensed by the Department
 7975  of Education, any district school board, any university
 7976  laboratory school, any charter school, any private or parochial
 7977  school, or any local governmental entity that licenses child
 7978  care facilities;
 7979         7. Is seeking to be licensed by the Division of Insurance
 7980  Agent and Agency Services within the Department of Financial
 7981  Services; or
 7982         8. Is seeking to be appointed as a guardian pursuant to s.
 7983  744.3125.
 7984         (b) A person who has been granted an expunction under this
 7985  section and is authorized under paragraph (a) to lawfully deny
 7986  or fail to acknowledge the arrests and convictions covered by an
 7987  expunged record may not be held under any law of this state to
 7988  have committed perjury or to be otherwise liable for giving a
 7989  false statement by reason of his or her failure to recite or
 7990  acknowledge an expunged criminal history record.
 7991         Section 15. Paragraph (a) of subsection (3) of section
 7992  943.0595, Florida Statutes, is amended to read:
 7993         943.0595 Automatic sealing of criminal history records.—
 7994         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
 7995         (a)1. Upon the disposition of a criminal case resulting in
 7996  a criminal history record eligible for automatic sealing under
 7997  paragraph (2)(a), the clerk of the court shall transmit a
 7998  certified copy of the disposition of the criminal history record
 7999  to the department.,
 8000         2. The department which shall immediately seal the criminal
 8001  history record upon receipt of the certified copy under
 8002  subparagraph 1. or if the department determines, upon a request
 8003  made under s. 943.0586, that a record is eligible for sealing
 8004  under s. 943.0586(2)(a).
 8005         Section 16. Florida College System Cannabis Vocational
 8006  Pilot Program.—
 8007         (1) DEFINITIONS.—In this section, the term:
 8008         (a) “Board” means the State Board of Education.
 8009         (b) “Career in Cannabis Certificate” or “certificate” means
 8010  the certification awarded to a community college student who
 8011  completes a prescribed course of study in cannabis and cannabis
 8012  industry-related classes and curriculum at a Florida College
 8013  System institution awarded a program license.
 8014         (c) “Florida College System institution” has the same
 8015  meaning as provided in s. 1000.21, Florida Statutes.
 8016         (d) “Department” means the Department of Business and
 8017  Professional Regulation.
 8018         (e) “Licensee” means a Florida College System institution
 8019  awarded a program license under this section.
 8020         (f) “Program” means the Florida College System Cannabis
 8021  Vocational Pilot Program.
 8022         (g) “Program license” means a Florida College System
 8023  Cannabis Vocational Pilot Program license issued to a Florida
 8024  College System institution under this section.
 8025         (2) ADMINISTRATION.—
 8026         (a) The department shall establish and administer the
 8027  program in coordination with the board. The department may issue
 8028  up to eight program licenses by September 1, 2023.
 8029         (b) Beginning with the 2024-2025 academic year, Florida
 8030  College System institutions awarded program licenses may offer
 8031  qualifying students a Career in Cannabis Certificate, which
 8032  includes courses that allow participating students to work with,
 8033  study, and grow live cannabis plants to prepare students for a
 8034  career in the legal cannabis industry and that instruct
 8035  participating students on the best business practices,
 8036  professional responsibilities, and compliance with laws and
 8037  rules governing the cannabis industry.
 8038         (c) The board may adopt rules to implement this section.
 8039         (d) Notwithstanding any other provision of this section,
 8040  students must be at least 18 years of age in order to enroll in
 8041  a licensee’s Career in Cannabis Certificate’s prescribed course
 8042  of study.
 8043         (3) ISSUANCE OF LICENSES.—
 8044         (a) The department shall adopt rules regulating the
 8045  selection criteria for applicants for a program license by
 8046  January 1, 2023. The department shall make the application for a
 8047  program license available no later than February 1, 2023, and
 8048  must require applicants to submit their completed applications
 8049  by July 1, 2023.
 8050         (b) The department shall develop by rule a system to score
 8051  program applicants and administratively rank applications based
 8052  on the clarity, organization, and quality of an applicant’s
 8053  responses to required information. Applicants shall be awarded
 8054  points that are based on or that meet the following categories:
 8055         1. Geographic diversity of the applicants.
 8056         2. Experience and credentials of the applicant’s faculty.
 8057         3. At least five program licenses must be awarded to
 8058  Florida College System institutions where, for the preceding 4
 8059  years, more than 50 percent of the student population consisted
 8060  of low-income individuals.
 8061         4. Security plan, including a requirement that all cannabis
 8062  plants be in an enclosed, locked facility.
 8063         5. Curriculum plan, including processing and testing
 8064  curriculum for the Career in Cannabis Certificate.
 8065         6. Career advising and placement plan for participating
 8066  students.
 8067         7. Any other criteria the department may set by rule.
 8068         (4) PROGRAM REQUIREMENTS AND PROHIBITIONS.—
 8069         (a) Licensees may not have more than 50 flowering cannabis
 8070  plants at any one time.
 8071         (b) The agent-in-charge shall keep a vault log of the
 8072  licensee’s enclosed, locked facility or facilities, including,
 8073  but not limited to, each person entering the site location, the
 8074  time of entrance, the time of exit, and any other information
 8075  the department may set by rule.
 8076         (c) Cannabis may not be removed from the licensee’s
 8077  facility except for the limited purpose of shipping a sample to
 8078  a laboratory registered under chapter 566, Florida Statutes.
 8079         (d) The licensee must limit keys, access cards, and access
 8080  codes to the licensee’s enclosed, locked facility or facilities
 8081  to cannabis curriculum faculty and college security personnel
 8082  with a bona fide need to access the facility for emergency
 8083  purposes.
 8084         (e) A transporting organization may transport cannabis
 8085  produced pursuant to this section to a laboratory registered
 8086  under chapter 566, Florida Statutes. All other cannabis produced
 8087  by the licensee which was not shipped to a registered laboratory
 8088  must be destroyed within 5 weeks after being harvested.
 8089         (f) Licensees shall subscribe to the department’s cannabis
 8090  plant monitoring system.
 8091         (g) Licensees shall maintain a weekly inventory system.
 8092         (h) A student participating in the cannabis curriculum
 8093  necessary to obtain a certificate may not be in the licensee’s
 8094  facility unless a faculty agent-in-charge is also physically
 8095  present in the facility.
 8096         (i) Licensees shall conduct post-certificate follow-up
 8097  surveys and record a participating student’s job placement in
 8098  the cannabis industry within 1 year after the student obtains
 8099  the certificate.
 8100         (j) The board shall report annually to the department on
 8101  the race, ethnicity, and gender of all students participating in
 8102  the cannabis curriculum and which of those students obtain a
 8103  certificate.
 8104         (5) FACULTY.—
 8105         (a) All faculty members must maintain registration as an
 8106  agent-in-charge and have a valid agent identification card under
 8107  subsection (8) before teaching or participating in the
 8108  licensee’s cannabis curriculum that involves instruction offered
 8109  in the enclosed, locked facility or facilities.
 8110         (b) All faculty members receiving an agent-in-charge
 8111  registration or agent identification card must successfully pass
 8112  a background check required by s. 566.3018, Florida Statutes,
 8113  before participating in a licensee’s cannabis curriculum that
 8114  involves instruction offered in the enclosed, locked facility.
 8115         (6) ENFORCEMENT.—
 8116         (a) The department has the authority to suspend a faculty
 8117  agent-in-charge or revoke an agent identification card for any
 8118  violation found under this section.
 8119         (b) The department has the authority to suspend or revoke
 8120  any program license for any violation found under this section.
 8121         (c) The board shall revoke the Florida College System
 8122  institution’s authority to offer the certificate if the
 8123  institution has its license revoked by the department.
 8124         (7) INSPECTION RIGHTS.—
 8125         (a) A licensee’s enclosed, locked facilities are subject to
 8126  random inspections by the department and the Department of Law
 8127  Enforcement.
 8128         (b) This section does not give the department or the
 8129  Department of Law Enforcement a right of inspection or access to
 8130  any location on the licensee’s premises beyond the facilities
 8131  licensed under this section.
 8132         (8) FACULTY IDENTIFICATION CARD.—
 8133         (a) The department shall do all of the following:
 8134         1. Establish by rule the information required in an initial
 8135  application or renewal application for an agent identification
 8136  card submitted under this section and the nonrefundable fee to
 8137  accompany the initial application or renewal application.
 8138         2. Verify the information contained in an initial
 8139  application or renewal application for an agent identification
 8140  card submitted under this section, and approve or deny an
 8141  application within 30 days after receiving a completed initial
 8142  application or renewal application and all supporting
 8143  documentation required by rule.
 8144         3. Issue an agent identification card to a qualifying agent
 8145  within 15 business days after approving the initial application
 8146  or renewal application.
 8147         4. Enter the license number of the Florida College System
 8148  institution where the agent is employed.
 8149         5. Allow for an electronic initial application and renewal
 8150  application process and provide confirmation by electronic or
 8151  other methods that an application has been submitted. Each
 8152  department may by rule require prospective agents to file their
 8153  applications by electronic means and to provide notices to the
 8154  agents by electronic means.
 8155         (b) An agent must keep his or her identification card
 8156  visible at all times when in the enclosed, locked facility or
 8157  facilities for which he or she is an agent.
 8158         (c) The agent identification cards must contain all of the
 8159  following:
 8160         1. The name of the cardholder.
 8161         2. The date of issuance and expiration date of the
 8162  identification card.
 8163         3. A random 10-digit alphanumeric identification number
 8164  containing at least four numbers and at least four letters which
 8165  is unique to the holder.
 8166         4. A photograph of the cardholder.
 8167         5. The legal name of the Florida College System institution
 8168  employing the agent.
 8169         (d) An agent, upon termination of his or her employment,
 8170  must immediately return his or her agent identification card to
 8171  the Florida College System institution.
 8172         (e) An agent must, upon discovery of the loss of his or her
 8173  agent identification card, immediately report the loss to the
 8174  Department of Law Enforcement and the department.
 8175         (9) STUDY.—By December 31, 2028, the board must issue a
 8176  report to the Governor, the President of the Senate, and the
 8177  Speaker of the House of Representatives which includes all of
 8178  the following:
 8179         (a) The number of security incidents or infractions
 8180  reported by each licensee and any action taken.
 8181         (b) For Florida College System institutions participating
 8182  in the program, statistics based on race, ethnicity, and gender
 8183  for all of the following:
 8184         1. Students enrolled in Career in Cannabis Certificate
 8185  classes.
 8186         2. Successful completion rates for the certificate by
 8187  Florida College System institution students.
 8188         3. Postgraduate job placement of students who obtained a
 8189  certificate, including both cannabis business establishment jobs
 8190  and noncannabis business establishment jobs.
 8191         4. Any other relevant information.
 8192         (10) REPEAL.—This section is repealed July 1, 2029.
 8193         Section 17. Subsections (9), (10), and (16) of section
 8194  210.01, Florida Statutes, are amended to read:
 8195         210.01 Definitions.—When used in this part the following
 8196  words shall have the meaning herein indicated:
 8197         (9) “Agent” means any person authorized by the Division of
 8198  Alcoholic Beverages, Marijuana, and Tobacco to purchase and
 8199  affix adhesive stamps under this part.
 8200         (10) “Division” means the Division of Alcoholic Beverages,
 8201  Marijuana, and Tobacco of the Department of Business and
 8202  Professional Regulation.
 8203         (16) “Manufacturer’s representative” means a person who
 8204  represents a manufacturer of cigarettes but who has no place of
 8205  business in this state where cigarettes are stored. A
 8206  manufacturer’s representative is required to obtain any
 8207  cigarettes required by her or him through a wholesale dealer in
 8208  this state and to make such reports as may be required by the
 8209  Division of Alcoholic Beverages, Marijuana, and Tobacco of the
 8210  Department of Business and Professional Regulation.
 8211         Section 18. Section 210.10, Florida Statutes, is amended to
 8212  read:
 8213         210.10 General powers of the Division of Alcoholic
 8214  Beverages, Marijuana, and Tobacco.—The Division of Alcoholic
 8215  Beverages, Marijuana, and Tobacco has authority to adopt rules
 8216  pursuant to ss. 120.536(1) and 120.54 to implement the
 8217  provisions of this part. All cigarette permits issued hereunder
 8218  must shall have printed thereon a notice to the effect that such
 8219  permit is issued subject to the provisions of this part and such
 8220  rules. The division shall provide upon request without charge to
 8221  any applicant for a permit a copy of this part and the rules
 8222  prescribed by it pursuant hereto.
 8223         Section 19. Section 210.13, Florida Statutes, is amended to
 8224  read:
 8225         210.13 Determination of tax on failure to file a return.—If
 8226  a dealer or other person required to remit the tax under this
 8227  part fails to file any return required under this part or,
 8228  having filed an incorrect or insufficient return, fails to file
 8229  a correct or sufficient return, as the case may require, within
 8230  10 days after the giving of notice to the dealer or other person
 8231  by the Division of Alcoholic Beverages, Marijuana, and Tobacco
 8232  that such return or corrected or sufficient return is required,
 8233  the division must shall determine the amount of tax due by such
 8234  dealer or other person any time within 3 years after the making
 8235  of the earliest sale included in such determination and give
 8236  written notice of such determination to such dealer or other
 8237  person. Such a determination must shall finally and irrevocably
 8238  fix the tax unless the dealer or other person against whom it is
 8239  assessed, within 30 days after the giving of notice of such
 8240  determination, applies to the division for a hearing. Judicial
 8241  review may shall not be granted unless the amount of tax stated
 8242  in the decision, with penalties thereon, if any, is first
 8243  deposited with the division, and an undertaking or bond filed in
 8244  the court in which such cause may be pending in such amount and
 8245  with such sureties as the court shall approve, conditioned that
 8246  if such proceeding be dismissed or the decision of the division
 8247  confirmed, the applicant for review will pay all costs and
 8248  charges which may accrue against the applicant in the
 8249  prosecution of the proceeding. At the option of the applicant,
 8250  such undertaking or bond may be in an additional sum sufficient
 8251  to cover the tax, penalties, costs, and charges aforesaid, in
 8252  which event the applicant is shall not be required to pay such
 8253  tax and penalties precedent to the granting of such review by
 8254  such court.
 8255         Section 20. Section 210.151, Florida Statutes, is amended
 8256  to read:
 8257         210.151 Initial temporary cigarette permits.—When a person
 8258  has filed a completed application which does not on its face
 8259  disclose any reason for denying a cigarette permit under s.
 8260  210.15, the Division of Alcoholic Beverages, Marijuana, and
 8261  Tobacco of the Department of Business and Professional
 8262  Regulation shall issue a temporary initial permit of the same
 8263  type and series for which the application has been submitted,
 8264  which is valid for all purposes under this chapter.
 8265         (1) A temporary initial permit shall be valid for up to 90
 8266  days and may be extended by the division for up to an additional
 8267  90 days for good cause. The division may at any time during such
 8268  period grant or deny the permit applied for, notwithstanding s.
 8269  120.60.
 8270         (2) A temporary initial permit expires and may not be
 8271  continued or extended beyond the date the division denies the
 8272  permit applied for; beyond 14 days after the date the division
 8273  approves the permit applied for; beyond the date the applicant
 8274  pays the permit fee and the division issues the permit applied
 8275  for; or beyond the date the temporary permit otherwise expires
 8276  by law, whichever date occurs first.
 8277         (3) Each applicant seeking a temporary initial cigarette
 8278  permit shall pay to the division for such permit a fee of $100.
 8279         (4) Any fee or penalty collected under the provisions of
 8280  this section shall be deposited into the Alcoholic Beverage,
 8281  Marijuana, and Tobacco Trust Fund.
 8282         Section 21. Subsection (1) of section 210.16, Florida
 8283  Statutes, is amended to read:
 8284         210.16 Revocation or suspension of permit.—
 8285         (1) The Division of Alcoholic Beverages, Marijuana, and
 8286  Tobacco is given full power and authority to revoke the permit
 8287  of any person receiving a permit to engage in business under
 8288  this part or chapter 569 for violation of any of the provisions
 8289  of this part or chapter 569.
 8290         Section 22. Subsection (2) of section 210.1605, Florida
 8291  Statutes, is amended to read:
 8292         210.1605 Renewal of permit.—
 8293         (2) Any fee or penalty collected under the provisions of
 8294  this section must shall be deposited into the Alcoholic
 8295  Beverage, Marijuana, and Tobacco Trust Fund.
 8296         Section 23. Subsection (2) of section 210.20, Florida
 8297  Statutes, is amended to read:
 8298         210.20 Employees and assistants; distribution of funds.—
 8299         (2) As collections are received by the division from such
 8300  cigarette taxes, it shall pay the same into a trust fund in the
 8301  State Treasury designated “Cigarette Tax Collection Trust Fund”
 8302  which shall be paid and distributed as follows:
 8303         (a) The division shall from month to month certify to the
 8304  Chief Financial Officer the amount derived from the cigarette
 8305  tax imposed by s. 210.02, less the service charges provided for
 8306  in s. 215.20 and less 0.9 percent of the amount derived from the
 8307  cigarette tax imposed by s. 210.02, which shall be deposited
 8308  into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,
 8309  specifying the amounts to be transferred from the Cigarette Tax
 8310  Collection Trust Fund and credited on the basis of 2.9 percent
 8311  of the net collections to the Revenue Sharing Trust Fund for
 8312  Counties and 29.3 percent of the net collections for the funding
 8313  of indigent health care to the Public Medical Assistance Trust
 8314  Fund.
 8315         (b) Beginning July 1, 2004, and continuing through June 30,
 8316  2013, the division shall from month to month certify to the
 8317  Chief Financial Officer the amount derived from the cigarette
 8318  tax imposed by s. 210.02, less the service charges provided for
 8319  in s. 215.20 and less 0.9 percent of the amount derived from the
 8320  cigarette tax imposed by s. 210.02, which shall be deposited
 8321  into the Alcoholic Beverage and Tobacco Trust Fund, specifying
 8322  an amount equal to 1.47 percent of the net collections, and that
 8323  amount shall be paid to the Board of Directors of the H. Lee
 8324  Moffitt Cancer Center and Research Institute, established under
 8325  s. 1004.43, by warrant drawn by the Chief Financial Officer.
 8326  Beginning July 1, 2014, and continuing through June 30, 2021,
 8327  the division shall from month to month certify to the Chief
 8328  Financial Officer the amount derived from the cigarette tax
 8329  imposed by s. 210.02, less the service charges provided for in
 8330  s. 215.20 and less 0.9 percent of the amount derived from the
 8331  cigarette tax imposed by s. 210.02, which shall be deposited
 8332  into the Alcoholic Beverage and Tobacco Trust Fund, specifying
 8333  an amount equal to 4.04 percent of the net collections, and that
 8334  amount shall be paid to the Board of Directors of the H. Lee
 8335  Moffitt Cancer Center and Research Institute, established under
 8336  s. 1004.43, by warrant drawn by the Chief Financial Officer.
 8337  Beginning July 1, 2021, and continuing through June 30, 2024,
 8338  the division shall from month to month certify to the Chief
 8339  Financial Officer the amount derived from the cigarette tax
 8340  imposed by s. 210.02, less the service charges provided for in
 8341  s. 215.20 and less 0.9 percent of the amount derived from the
 8342  cigarette tax imposed by s. 210.02, which shall be deposited
 8343  into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,
 8344  specifying an amount equal to 7 percent of the net collections,
 8345  and that amount shall be paid to the Board of Directors of the
 8346  H. Lee Moffitt Cancer Center and Research Institute, established
 8347  under s. 1004.43, by warrant drawn by the Chief Financial
 8348  Officer. Beginning July 1, 2024, and continuing through June 30,
 8349  2054, the division shall from month to month certify to the
 8350  Chief Financial Officer the amount derived from the cigarette
 8351  tax imposed by s. 210.02, less the service charges provided for
 8352  in s. 215.20 and less 0.9 percent of the amount derived from the
 8353  cigarette tax imposed by s. 210.02, which shall be deposited
 8354  into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,
 8355  specifying an amount equal to 10 percent of the net collections,
 8356  and that amount shall be paid to the Board of Directors of the
 8357  H. Lee Moffitt Cancer Center and Research Institute, established
 8358  under s. 1004.43, by warrant drawn by the Chief Financial
 8359  Officer. These funds are appropriated monthly out of the
 8360  Cigarette Tax Collection Trust Fund, to be used for lawful
 8361  purposes, including constructing, furnishing, equipping,
 8362  financing, operating, and maintaining cancer research and
 8363  clinical and related facilities; furnishing, equipping,
 8364  operating, and maintaining other properties owned or leased by
 8365  the H. Lee Moffitt Cancer Center and Research Institute; and
 8366  paying costs incurred in connection with purchasing, financing,
 8367  operating, and maintaining such equipment, facilities, and
 8368  properties. In fiscal years 2004-2005 and thereafter, the
 8369  appropriation to the H. Lee Moffitt Cancer Center and Research
 8370  Institute authorized by this paragraph may shall not be less
 8371  than the amount that would have been paid to the H. Lee Moffitt
 8372  Cancer Center and Research Institute in fiscal year 2001-2002,
 8373  had this paragraph been in effect.
 8374         (c) Beginning July 1, 2017, and continuing through June 30,
 8375  2033, the division shall from month to month certify to the
 8376  Chief Financial Officer the amount derived from the cigarette
 8377  tax imposed by s. 210.02, less the service charges provided for
 8378  in s. 215.20 and less 0.9 percent of the amount derived from the
 8379  cigarette tax imposed by s. 210.02, which shall be deposited
 8380  into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,
 8381  specifying an amount equal to 1 percent of the net collections,
 8382  not to exceed $3 million annually, and that amount shall be
 8383  deposited into the Biomedical Research Trust Fund in the
 8384  Department of Health. These funds are appropriated annually from
 8385  the Biomedical Research Trust Fund for the advancement of cures
 8386  for cancers afflicting pediatric populations through basic or
 8387  applied research, including, but not limited to, clinical trials
 8388  and nontoxic drug discovery. These funds are not included in the
 8389  calculation for the distribution of funds pursuant to s.
 8390  381.915; however, these funds must shall be distributed to
 8391  cancer centers participating in the Florida Consortium of
 8392  National Cancer Institute Centers Program in the same proportion
 8393  as is allocated to each cancer center in accordance with s.
 8394  381.915 and are in addition to any funds distributed pursuant to
 8395  that section.
 8396         Section 24. Subsection (4) of section 210.25, Florida
 8397  Statutes, is amended to read:
 8398         210.25 Definitions.—As used in this part:
 8399         (4) “Division” means the Division of Alcoholic Beverages,
 8400  Marijuana, and Tobacco of the Department of Business and
 8401  Professional Regulation.
 8402         Section 25. Section 210.405, Florida Statutes, is amended
 8403  to read:
 8404         210.405 Initial temporary permits for other tobacco
 8405  products.—When a person has filed a completed application which
 8406  does not on its face disclose any reason for denying a permit
 8407  for other tobacco products under s. 210.40, the Division of
 8408  Alcoholic Beverages, Marijuana, and Tobacco of the Department of
 8409  Business and Professional Regulation shall issue a temporary
 8410  initial permit of the same type and series for which the
 8411  application has been submitted, which is valid for all purposes
 8412  under this chapter.
 8413         (1) A temporary initial permit shall be valid for up to 90
 8414  days and may be extended by the division for up to an additional
 8415  90 days for good cause. The division may at any time during such
 8416  period grant or deny the permit applied for, notwithstanding s.
 8417  120.60.
 8418         (2) A temporary initial permit expires and may not be
 8419  continued or extended beyond the date the division denies the
 8420  permit applied for; beyond 14 days after the date the division
 8421  approves the permit applied for; beyond the date the applicant
 8422  pays the permit fee and the division issues the permit applied
 8423  for; or beyond the date the temporary permit otherwise expires
 8424  by law, whichever date occurs first.
 8425         (3) Each applicant seeking a temporary initial permit for
 8426  other tobacco products shall pay to the division for such permit
 8427  a fee of $25.
 8428         (4) Any fee or penalty collected under the provisions of
 8429  this section shall be deposited into the Alcoholic Beverage,
 8430  Marijuana, and Tobacco Trust Fund.
 8431         Section 26. Subsection (2) of section 210.51, Florida
 8432  Statutes, is amended to read:
 8433         210.51 Renewal of permit.—
 8434         (2) Any fee or penalty collected under the provisions of
 8435  this section shall be deposited into the Alcoholic Beverage,
 8436  Marijuana, and Tobacco Trust Fund.
 8437         Section 27. Paragraphs (c) and (s) of subsection (8) of
 8438  section 213.053, Florida Statutes, are amended to read:
 8439         213.053 Confidentiality and information sharing.—
 8440         (8) Notwithstanding any other provision of this section,
 8441  the department may provide:
 8442         (c) Information relative to chapter 212 and chapters 561
 8443  through 568 to the Division of Alcoholic Beverages, Marijuana,
 8444  and Tobacco of the Department of Business and Professional
 8445  Regulation in the conduct of its official duties.
 8446         (s) Information relative to ss. 211.0251, 212.1831,
 8447  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 8448  Education and the Division of Alcoholic Beverages, Marijuana,
 8449  and Tobacco in the conduct of official business.
 8450  
 8451  Disclosure of information under this subsection is shall be
 8452  pursuant to a written agreement between the executive director
 8453  and the agency. Such agencies, governmental or nongovernmental,
 8454  are shall be bound by the same requirements of confidentiality
 8455  as the Department of Revenue. Breach of confidentiality is a
 8456  misdemeanor of the first degree, punishable as provided by s.
 8457  775.082 or s. 775.083.
 8458         Section 28. Paragraph (a) of subsection (2) of section
 8459  282.709, Florida Statutes, is amended to read:
 8460         282.709 State agency law enforcement radio system and
 8461  interoperability network.—
 8462         (2) The Joint Task Force on State Agency Law Enforcement
 8463  Communications is created adjunct to the department to advise
 8464  the department of member-agency needs relating to the planning,
 8465  designing, and establishment of the statewide communication
 8466  system.
 8467         (a) The Joint Task Force on State Agency Law Enforcement
 8468  Communications shall consist of the following members:
 8469         1. A representative of the Division of Alcoholic Beverages,
 8470  Marijuana, and Tobacco of the Department of Business and
 8471  Professional Regulation who shall be appointed by the secretary
 8472  of the department.
 8473         2. A representative of the Division of Florida Highway
 8474  Patrol of the Department of Highway Safety and Motor Vehicles
 8475  who shall be appointed by the executive director of the
 8476  department.
 8477         3. A representative of the Department of Law Enforcement
 8478  who shall be appointed by the executive director of the
 8479  department.
 8480         4. A representative of the Fish and Wildlife Conservation
 8481  Commission who shall be appointed by the executive director of
 8482  the commission.
 8483         5. A representative of the Division of Law Enforcement of
 8484  the Department of Environmental Protection who shall be
 8485  appointed by the secretary of the department.
 8486         6. A representative of the Department of Corrections who
 8487  shall be appointed by the secretary of the department.
 8488         7. A representative of the Department of Financial Services
 8489  who shall be appointed by the Chief Financial Officer.
 8490         8. A representative of the Department of Agriculture and
 8491  Consumer Services who shall be appointed by the Commissioner of
 8492  Agriculture.
 8493         9. A representative of the Florida Sheriffs Association who
 8494  shall be appointed by the president of the Florida Sheriffs
 8495  Association.
 8496         Section 29. Paragraph (d) of subsection (1) of section
 8497  322.212, Florida Statutes, is amended to read:
 8498         322.212 Unauthorized possession of, and other unlawful acts
 8499  in relation to, driver license or identification card.—
 8500         (1) It is unlawful for any person to:
 8501         (d) Knowingly sell, manufacture, or deliver, or knowingly
 8502  offer to sell, manufacture, or deliver, a blank, forged, stolen,
 8503  fictitious, counterfeit, or unlawfully issued driver license or
 8504  identification card, or an instrument in the similitude of a
 8505  driver license or identification card, unless that person is
 8506  authorized to do so by the department. A violation of this
 8507  section may be investigated by any law enforcement agency,
 8508  including the Division of Alcoholic Beverages, Marijuana, and
 8509  Tobacco.
 8510  
 8511  The term “driver license” includes a driver license issued by
 8512  the department or its agents or a driver license issued by any
 8513  state or jurisdiction that issues licenses recognized in this
 8514  state for the operation of a motor vehicle. The term
 8515  “identification card” includes any identification card issued by
 8516  the department or its agents or any identification card issued
 8517  by any state or jurisdiction that issues identification cards
 8518  recognized in this state for the purpose of indicating a
 8519  person’s true name and age. This subsection does not prohibit a
 8520  person from possessing or displaying another person’s driver
 8521  license or identification card for a lawful purpose.
 8522         Section 30. Subsections (1) and (3) of section 386.207,
 8523  Florida Statutes, are amended to read:
 8524         386.207 Administration; enforcement; civil penalties.—
 8525         (1) The department or the Division of Hotels and
 8526  Restaurants or the Division of Alcoholic Beverages, Marijuana,
 8527  and Tobacco of the Department of Business and Professional
 8528  Regulation shall enforce this part based upon each department’s
 8529  specific areas of regulatory authority and to implement such
 8530  enforcement shall adopt, in consultation with the State Fire
 8531  Marshal, rules specifying procedures to be followed by
 8532  enforcement personnel in investigating complaints and notifying
 8533  alleged violators and rules specifying procedures by which
 8534  appeals may be taken by aggrieved parties.
 8535         (3) The department or the Division of Hotels and
 8536  Restaurants or the Division of Alcoholic Beverages, Marijuana,
 8537  and Tobacco of the Department of Business and Professional
 8538  Regulation, upon notification of observed violations of this
 8539  part, shall issue to the proprietor or other person in charge of
 8540  such enclosed indoor workplace a notice to comply with this
 8541  part. If the person fails to comply within 30 days after receipt
 8542  of the notice, the department or the Division of Hotels and
 8543  Restaurants or the Division of Alcoholic Beverages, Marijuana,
 8544  and Tobacco of the Department of Business and Professional
 8545  Regulation shall assess against the person a civil penalty of
 8546  not less than $250 and not more than $750 for the first
 8547  violation and not less than $500 and not more than $2,000 for
 8548  each subsequent violation. The imposition of the fine must be in
 8549  accordance with chapter 120. If a person refuses to comply with
 8550  this part, after having been assessed such penalty, the
 8551  department or the Division of Hotels and Restaurants or the
 8552  Division of Alcoholic Beverages, Marijuana, and Tobacco of the
 8553  Department of Business and Professional Regulation may file a
 8554  complaint in the circuit court of the county in which the
 8555  enclosed indoor workplace is located to require compliance.
 8556         Section 31. Paragraph (b) of subsection (1) of section
 8557  402.62, Florida Statutes, is amended to read:
 8558         402.62 Strong Families Tax Credit.—
 8559         (1) DEFINITIONS.—As used in this section, the term:
 8560         (b) “Division” means the Division of Alcoholic Beverages,
 8561  Marijuana, and Tobacco of the Department of Business and
 8562  Professional Regulation.
 8563         Section 32. Subsections (3), (5), and (6) of section
 8564  403.708, Florida Statutes, are amended to read:
 8565         403.708 Prohibition; penalty.—
 8566         (3) The Division of Alcoholic Beverages, Marijuana, and
 8567  Tobacco of the Department of Business and Professional
 8568  Regulation may impose a fine of not more than $100 on any person
 8569  currently licensed pursuant to s. 561.14 for each violation of
 8570  subsection (2). If the violation is of a continuing nature, each
 8571  day during which such violation occurs constitutes a separate
 8572  offense and is subject to a separate fine.
 8573         (5) Fifty percent of each fine collected pursuant to
 8574  subsections (3) and (4) shall be deposited into the Solid Waste
 8575  Management Trust Fund. The balance of fines collected pursuant
 8576  to subsection (3) shall be deposited into the Alcoholic
 8577  Beverage, Marijuana, and Tobacco Trust Fund for the use of the
 8578  division for inspection and enforcement of this section. The
 8579  balance of fines collected pursuant to subsection (4) shall be
 8580  deposited into the General Inspection Trust Fund for the use of
 8581  the Department of Agriculture and Consumer Services for
 8582  inspection and enforcement of this section.
 8583         (6) The Division of Alcoholic Beverages, Marijuana, and
 8584  Tobacco and the Department of Agriculture and Consumer Services
 8585  shall coordinate their responsibilities under this section to
 8586  ensure that inspections and enforcement are accomplished in an
 8587  efficient, cost-effective manner.
 8588         Section 33. Subsection (2) of section 455.116, Florida
 8589  Statutes, is amended to read:
 8590         455.116 Regulation trust funds.—The following trust funds
 8591  shall be placed in the department:
 8592         (2) Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 8593         Section 34. Paragraph (a) of subsection (2) and paragraph
 8594  (a) of subsection (3) of section 456.0635, Florida Statutes, are
 8595  amended to read:
 8596         456.0635 Health care fraud; disqualification for license,
 8597  certificate, or registration.—
 8598         (2) Each board within the jurisdiction of the department,
 8599  or the department if there is no board, shall refuse to admit a
 8600  candidate to any examination and refuse to issue a license,
 8601  certificate, or registration to any applicant if the candidate
 8602  or applicant or any principal, officer, agent, managing
 8603  employee, or affiliated person of the candidate or applicant:
 8604         (a) Has been convicted of, or entered a plea of guilty or
 8605  nolo contendere to, regardless of adjudication, a felony under
 8606  chapter 409, chapter 817, or chapter 893, or a similar felony
 8607  offense committed in another state or jurisdiction, unless the
 8608  candidate or applicant has successfully completed a pretrial
 8609  diversion or drug court program for that felony and provides
 8610  proof that the plea has been withdrawn or the charges have been
 8611  dismissed. Any such conviction or plea excludes shall exclude
 8612  the applicant or candidate from licensure, examination,
 8613  certification, or registration unless the sentence and any
 8614  subsequent period of probation for such conviction or plea
 8615  ended:
 8616         1. For felonies of the first or second degree, more than 15
 8617  years before the date of application.
 8618         2. For felonies of the third degree, more than 10 years
 8619  before the date of application, except for felonies of the third
 8620  degree under s. 893.13(5)(a) s. 893.13(6)(a).
 8621         3. For felonies of the third degree under s. 893.13(5)(a)
 8622  s. 893.13(6)(a), more than 5 years before the date of
 8623  application;
 8624  
 8625  This subsection does not apply to an applicant for initial
 8626  licensure, certification, or registration who was arrested or
 8627  charged with a felony specified in paragraph (a) or paragraph
 8628  (b) before July 1, 2009.
 8629         (3) The department must shall refuse to renew a license,
 8630  certificate, or registration of any applicant if the applicant
 8631  or any principal, officer, agent, managing employee, or
 8632  affiliated person of the applicant:
 8633         (a) Has been convicted of, or entered a plea of guilty or
 8634  nolo contendere to, regardless of adjudication, a felony under
 8635  chapter 409, chapter 817, or chapter 893, or a similar felony
 8636  offense committed in another state or jurisdiction, unless the
 8637  applicant is currently enrolled in a pretrial diversion or drug
 8638  court program that allows the withdrawal of the plea for that
 8639  felony upon successful completion of that program. Any such
 8640  conviction or plea excludes the applicant from licensure renewal
 8641  unless the sentence and any subsequent period of probation for
 8642  such conviction or plea ended:
 8643         1. For felonies of the first or second degree, more than 15
 8644  years before the date of application.
 8645         2. For felonies of the third degree, more than 10 years
 8646  before the date of application, except for felonies of the third
 8647  degree under s. 893.13(5)(a) s. 893.13(6)(a).
 8648         3. For felonies of the third degree under s. 893.13(5)(a)
 8649  s. 893.13(6)(a), more than 5 years before the date of
 8650  application.
 8651  
 8652  This subsection does not apply to an applicant for renewal of
 8653  licensure, certification, or registration who was arrested or
 8654  charged with a felony specified in paragraph (a) or paragraph
 8655  (b) before July 1, 2009.
 8656         Section 35. Subsections (1) and (11) of section 561.01,
 8657  Florida Statutes, are amended to read:
 8658         561.01 Definitions.—As used in the Beverage Law:
 8659         (1) “Division” means the Division of Alcoholic Beverages,
 8660  Marijuana, and Tobacco of the Department of Business and
 8661  Professional Regulation.
 8662         (11) “Licensed premises” means not only rooms where
 8663  alcoholic beverages are stored or sold by the licensee, but also
 8664  all other rooms in the building which are so closely connected
 8665  therewith as to admit of free passage from drink parlor to other
 8666  rooms over which the licensee has some dominion or control and
 8667  shall also include all of the area embraced within the sketch,
 8668  appearing on or attached to the application for the license
 8669  involved and designated as such on said sketch, in addition to
 8670  that included or designated by general law. The area embraced
 8671  within the sketch may include a sidewalk or other outside area
 8672  which is contiguous to the licensed premises. When the sketch
 8673  includes a sidewalk or other outside area, written approval from
 8674  the county or municipality attesting to compliance with local
 8675  ordinances must be submitted to the division to authorize
 8676  inclusion of sidewalks and outside areas in licensed premises.
 8677  The division may approve applications for temporary expansion of
 8678  the licensed premises to include a sidewalk or other outside
 8679  area for special events upon the payment of a $100 application
 8680  fee, stipulation of the timeframe for the special event, and
 8681  submission of a sketch outlining the expanded premises and
 8682  accompanied by written approval from the county or municipality
 8683  as required in this subsection. All moneys collected from the
 8684  fees assessed under this subsection shall be deposited into the
 8685  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 8686         Section 36. Section 561.02, Florida Statutes, is amended to
 8687  read:
 8688         561.02 Creation and duties of Division of Alcoholic
 8689  Beverages, Marijuana, and Tobacco.—There is created within the
 8690  Department of Business and Professional Regulation the Division
 8691  of Alcoholic Beverages, Marijuana, and Tobacco, which shall
 8692  supervise the conduct, management, and operation of the
 8693  manufacturing, packaging, distribution, and sale within the
 8694  state of all alcoholic beverages and shall enforce the
 8695  provisions of the Beverage Law and the tobacco law and rules and
 8696  regulations of the division in connection therewith. It is the
 8697  express legislative intent that the state retain primary
 8698  regulatory authority over the activities of licensees under the
 8699  Beverage Law within the power of the state and the Division of
 8700  Alcoholic Beverages, Marijuana, and Tobacco of the Department of
 8701  Business and Professional Regulation. However, none of the
 8702  provisions of the Beverage Law shall apply to ethyl alcohol
 8703  intended for use or used for the following purposes:
 8704         (1) Scientific, chemical, mechanical, industrial, or
 8705  medicinal purposes;
 8706         (2) Patented, patent, proprietary, medicinal,
 8707  pharmaceutical, antiseptic, toilet, scientific, chemical,
 8708  mechanical or industrial preparations, or products unfit for
 8709  beverage purposes;
 8710         (3) Flavoring extracts and syrups, unfit for beverage
 8711  purposes.
 8712         Section 37. Paragraph (a) of subsection (1) and subsections
 8713  (2) and (3) of section 561.121, Florida Statutes, are amended to
 8714  read:
 8715         561.121 Deposit of revenue.—
 8716         (1) All state funds collected pursuant to ss. 563.05,
 8717  564.06, 565.02(9), and 565.12 shall be paid into the State
 8718  Treasury and disbursed in the following manner:
 8719         (a) Two percent of monthly collections of the excise taxes
 8720  on alcoholic beverages established in ss. 563.05, 564.06, and
 8721  565.12 and the tax on alcoholic beverages, cigarettes, and other
 8722  tobacco products established in s. 565.02(9) shall be deposited
 8723  into the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund
 8724  to meet the division’s appropriation for the state fiscal year.
 8725         (2) The unencumbered balance in the Alcoholic Beverage,
 8726  Marijuana, and Tobacco Trust Fund at the close of each fiscal
 8727  year may not exceed $2 million. These funds shall be held in
 8728  reserve for use in the event that trust fund revenues are unable
 8729  to meet the division’s appropriation for the next fiscal year.
 8730  In the event of a revenue shortfall, these funds shall be spent
 8731  pursuant to subsection (3). Notwithstanding subsection (1), if
 8732  the unencumbered balance on June 30 in any fiscal year is less
 8733  than $2 million, the department is authorized to retain the
 8734  difference between the June 30 unencumbered balance in the trust
 8735  fund and $2 million from the July collections of state funds
 8736  collected pursuant to ss. 563.05, 564.06, and 565.12 and the tax
 8737  on alcoholic beverages, cigarettes, and other tobacco products
 8738  established in s. 565.02(9). Any unencumbered funds in excess of
 8739  reserve funds shall be transferred unallocated to the General
 8740  Revenue Fund by August 31 of the next fiscal year.
 8741         (3) Funds deposited into the Alcoholic Beverage, Marijuana,
 8742  and Tobacco Trust Fund pursuant to subsection (1) shall be used
 8743  for administration and enforcement of chapters 210, 561, 562,
 8744  563, 564, 565, 567, 568, and 569.
 8745         Section 38. Subsection (6) of section 561.14, Florida
 8746  Statutes, is amended to read:
 8747         561.14 License and registration classification.—Licenses
 8748  and registrations referred to in the Beverage Law shall be
 8749  classified as follows:
 8750         (6) Bottle clubs. It is the finding of the Legislature that
 8751  bottle clubs are susceptible to a distinct and separate
 8752  classification under the Beverage Law for purposes of regulating
 8753  establishments permitting the consumption of alcoholic
 8754  beverages. Any person operating a bottle club must be licensed
 8755  pursuant to this chapter and may not hold any other alcoholic
 8756  beverage license for such premises while licensed as a bottle
 8757  club. Nothing in this subsection shall be construed to permit
 8758  the purchase at wholesale or retail of alcoholic beverages for
 8759  supplying or reselling to the patrons pursuant to a license
 8760  issued under this chapter. Any such business shall be subject to
 8761  all general, special, and local laws regulating vendors of
 8762  alcoholic beverages. Bottle club licenses shall be issued at a
 8763  fee of $500 annually and shall be renewed in accordance with the
 8764  schedule set out in ss. 561.26 and 561.27. This subsection shall
 8765  include bottle clubs in existence on January 1, 1991. The
 8766  Division of Alcoholic Beverages, Marijuana, and Tobacco is
 8767  hereby authorized to adopt rules to carry out the purposes of
 8768  this section.
 8769         Section 39. Paragraph (a) of subsection (2) and paragraph
 8770  (b) of subsection (12) of section 561.20, Florida Statutes, are
 8771  amended to read:
 8772         561.20 Limitation upon number of licenses issued.—
 8773         (2)(a) The limitation of the number of licenses as provided
 8774  in this section does not prohibit the issuance of a special
 8775  license to:
 8776         1. Any bona fide hotel, motel, or motor court of not fewer
 8777  than 80 guest rooms in any county having a population of less
 8778  than 50,000 residents, and of not fewer than 100 guest rooms in
 8779  any county having a population of 50,000 residents or greater;
 8780  or any bona fide hotel or motel located in a historic structure,
 8781  as defined in s. 561.01(20), with fewer than 100 guest rooms
 8782  which derives at least 51 percent of its gross revenue from the
 8783  rental of hotel or motel rooms, which is licensed as a public
 8784  lodging establishment by the Division of Hotels and Restaurants;
 8785  provided, however, that a bona fide hotel or motel with no fewer
 8786  than 10 and no more than 25 guest rooms which is a historic
 8787  structure, as defined in s. 561.01(20), in a municipality that
 8788  on the effective date of this act has a population, according to
 8789  the University of Florida’s Bureau of Economic and Business
 8790  Research Estimates of Population for 1998, of no fewer than
 8791  25,000 and no more than 35,000 residents and that is within a
 8792  constitutionally chartered county may be issued a special
 8793  license. This special license shall allow the sale and
 8794  consumption of alcoholic beverages only on the licensed premises
 8795  of the hotel or motel. In addition, the hotel or motel must
 8796  derive at least 60 percent of its gross revenue from the rental
 8797  of hotel or motel rooms and the sale of food and nonalcoholic
 8798  beverages; provided that this subparagraph shall supersede local
 8799  laws requiring a greater number of hotel rooms;
 8800         2. Any condominium accommodation of which no fewer than 100
 8801  condominium units are wholly rentable to transients and which is
 8802  licensed under chapter 509, except that the license shall be
 8803  issued only to the person or corporation that operates the hotel
 8804  or motel operation and not to the association of condominium
 8805  owners;
 8806         3. Any condominium accommodation of which no fewer than 50
 8807  condominium units are wholly rentable to transients, which is
 8808  licensed under chapter 509, and which is located in any county
 8809  having home rule under s. 10 or s. 11, Art. VIII of the State
 8810  Constitution of 1885, as amended, and incorporated by reference
 8811  in s. 6(e), Art. VIII of the State Constitution, except that the
 8812  license shall be issued only to the person or corporation that
 8813  operates the hotel or motel operation and not to the association
 8814  of condominium owners;
 8815         4. A food service establishment that has 2,500 square feet
 8816  of service area, is equipped to serve meals to 150 persons at
 8817  one time, and derives at least 51 percent of its gross food and
 8818  beverage revenue from the sale of food and nonalcoholic
 8819  beverages during the first 120-day operating period and the
 8820  first 12-month operating period thereafter. Subsequent audit
 8821  timeframes must be based upon the audit percentage established
 8822  by the most recent audit and conducted on a staggered scale as
 8823  follows: level 1, 51 percent to 60 percent, every year; level 2,
 8824  61 percent to 75 percent, every 2 years; level 3, 76 percent to
 8825  90 percent, every 3 years; and level 4, 91 percent to 100
 8826  percent, every 4 years. A licensee under this subparagraph may
 8827  sell or deliver alcoholic beverages in a sealed container for
 8828  off-premises consumption if the sale or delivery is accompanied
 8829  by the sale of food within the same order. Such authorized sale
 8830  or delivery includes wine-based and liquor-based beverages
 8831  prepared by the licensee or its employee and packaged in a
 8832  container sealed by the licensee or its employee. This
 8833  subparagraph may not be construed to authorize public food
 8834  service establishments licensed under this subparagraph to sell
 8835  a bottle of distilled spirits sealed by a manufacturer. Any sale
 8836  or delivery of malt beverages must comply with the container
 8837  size, labeling, and filling requirements imposed under s.
 8838  563.06. Any delivery of an alcoholic beverage under this
 8839  subparagraph must comply with s. 561.57. An alcoholic beverage
 8840  drink prepared by the vendor and sold or delivered for
 8841  consumption off the premises must be placed in a container
 8842  securely sealed by the licensee or its employees with an
 8843  unbroken seal that prevents the beverage from being immediately
 8844  consumed before removal from the premises. Such alcoholic
 8845  beverage also must be placed in a bag or other container that is
 8846  secured in such a manner that it is visibly apparent if the
 8847  container has been subsequently opened or tampered with, and a
 8848  dated receipt for the alcoholic beverage and food must be
 8849  provided by the licensee and attached to the bag or container.
 8850  If transported in a motor vehicle, an alcoholic beverage that is
 8851  not in a container sealed by the manufacturer must be placed in
 8852  a locked compartment, a locked trunk, or the area behind the
 8853  last upright seat of a motor vehicle. It is a violation of the
 8854  prohibition in s. 562.11 to allow any person under the age of 21
 8855  to deliver alcoholic beverages on behalf of a vendor. The vendor
 8856  or the agent or employee of the vendor must verify the age of
 8857  the person making the delivery of the alcoholic beverage before
 8858  allowing any person to take possession of an alcoholic beverage
 8859  for the purpose of making a delivery on behalf of a vendor under
 8860  this section. A food service establishment granted a special
 8861  license on or after January 1, 1958, pursuant to general or
 8862  special law may not operate as a package store and may not sell
 8863  intoxicating beverages under such license after the hours of
 8864  serving or consumption of food have elapsed. Failure by a
 8865  licensee to meet the required percentage of food and
 8866  nonalcoholic beverage gross revenues during the covered
 8867  operating period shall result in revocation of the license or
 8868  denial of the pending license application. A licensee whose
 8869  license is revoked or an applicant whose pending application is
 8870  denied, or any person required to qualify on the special license
 8871  application, is ineligible to have any interest in a subsequent
 8872  application for such a license for a period of 120 days after
 8873  the date of the final denial or revocation;
 8874         5. Any caterer, deriving at least 51 percent of its gross
 8875  food and beverage revenue from the sale of food and nonalcoholic
 8876  beverages at each catered event, licensed by the Division of
 8877  Hotels and Restaurants under chapter 509. This subparagraph does
 8878  not apply to a culinary education program, as defined in s.
 8879  381.0072(2), which is licensed as a public food service
 8880  establishment by the Division of Hotels and Restaurants and
 8881  provides catering services. Notwithstanding any law to the
 8882  contrary, a licensee under this subparagraph shall sell or serve
 8883  alcoholic beverages only for consumption on the premises of a
 8884  catered event at which the licensee is also providing prepared
 8885  food, and shall prominently display its license at any catered
 8886  event at which the caterer is selling or serving alcoholic
 8887  beverages. A licensee under this subparagraph shall purchase all
 8888  alcoholic beverages it sells or serves at a catered event from a
 8889  vendor licensed under s. 563.02(1), s. 564.02(1), or licensed
 8890  under s. 565.02(1) subject to the limitation imposed in
 8891  subsection (1), as appropriate. A licensee under this
 8892  subparagraph may not store any alcoholic beverages to be sold or
 8893  served at a catered event. Any alcoholic beverages purchased by
 8894  a licensee under this subparagraph for a catered event that are
 8895  not used at that event must remain with the customer; provided
 8896  that if the vendor accepts unopened alcoholic beverages, the
 8897  licensee may return such alcoholic beverages to the vendor for a
 8898  credit or reimbursement. Regardless of the county or counties in
 8899  which the licensee operates, a licensee under this subparagraph
 8900  shall pay the annual state license tax set forth in s.
 8901  565.02(1)(b). A licensee under this subparagraph must maintain
 8902  for a period of 3 years all records and receipts for each
 8903  catered event, including all contracts, customers’ names, event
 8904  locations, event dates, food purchases and sales, alcoholic
 8905  beverage purchases and sales, nonalcoholic beverage purchases
 8906  and sales, and any other records required by the department by
 8907  rule to demonstrate compliance with the requirements of this
 8908  subparagraph. Notwithstanding any law to the contrary, any
 8909  vendor licensed under s. 565.02(1) subject to the limitation
 8910  imposed in subsection (1), may, without any additional licensure
 8911  under this subparagraph, serve or sell alcoholic beverages for
 8912  consumption on the premises of a catered event at which prepared
 8913  food is provided by a caterer licensed under chapter 509. If a
 8914  licensee under this subparagraph also possesses any other
 8915  license under the Beverage Law, the license issued under this
 8916  subparagraph may not authorize the holder to conduct activities
 8917  on the premises to which the other license or licenses apply
 8918  that would otherwise be prohibited by the terms of that license
 8919  or the Beverage Law. This section does not permit the licensee
 8920  to conduct activities that are otherwise prohibited by the
 8921  Beverage Law or local law. The Division of Alcoholic Beverages,
 8922  Marijuana, and Tobacco is hereby authorized to adopt rules to
 8923  administer the license created in this subparagraph, to include
 8924  rules governing licensure, recordkeeping, and enforcement. The
 8925  first $300,000 in fees collected by the division each fiscal
 8926  year pursuant to this subparagraph shall be deposited in the
 8927  Department of Children and Families’ Operations and Maintenance
 8928  Trust Fund to be used only for alcohol and drug abuse education,
 8929  treatment, and prevention programs. The remainder of the fees
 8930  collected shall be deposited into the Hotel and Restaurant Trust
 8931  Fund created pursuant to s. 509.072; or
 8932         6. A culinary education program as defined in s.
 8933  381.0072(2) which is licensed as a public food service
 8934  establishment by the Division of Hotels and Restaurants.
 8935         a. This special license shall allow the sale and
 8936  consumption of alcoholic beverages on the licensed premises of
 8937  the culinary education program. The culinary education program
 8938  shall specify designated areas in the facility where the
 8939  alcoholic beverages may be consumed at the time of application.
 8940  Alcoholic beverages sold for consumption on the premises may be
 8941  consumed only in areas designated under s. 561.01(11) and may
 8942  not be removed from the designated area. Such license shall be
 8943  applicable only in and for designated areas used by the culinary
 8944  education program.
 8945         b. If the culinary education program provides catering
 8946  services, this special license shall also allow the sale and
 8947  consumption of alcoholic beverages on the premises of a catered
 8948  event at which the licensee is also providing prepared food. A
 8949  culinary education program that provides catering services is
 8950  not required to derive at least 51 percent of its gross revenue
 8951  from the sale of food and nonalcoholic beverages.
 8952  Notwithstanding any law to the contrary, a licensee that
 8953  provides catering services under this sub-subparagraph shall
 8954  prominently display its beverage license at any catered event at
 8955  which the caterer is selling or serving alcoholic beverages.
 8956  Regardless of the county or counties in which the licensee
 8957  operates, a licensee under this sub-subparagraph shall pay the
 8958  annual state license tax set forth in s. 565.02(1)(b). A
 8959  licensee under this sub-subparagraph must maintain for a period
 8960  of 3 years all records required by the department by rule to
 8961  demonstrate compliance with the requirements of this sub
 8962  subparagraph.
 8963         c. If a licensee under this subparagraph also possesses any
 8964  other license under the Beverage Law, the license issued under
 8965  this subparagraph does not authorize the holder to conduct
 8966  activities on the premises to which the other license or
 8967  licenses apply that would otherwise be prohibited by the terms
 8968  of that license or the Beverage Law. This subparagraph does not
 8969  permit the licensee to conduct activities that are otherwise
 8970  prohibited by the Beverage Law or local law. Any culinary
 8971  education program that holds a license to sell alcoholic
 8972  beverages shall comply with the age requirements set forth in
 8973  ss. 562.11(4), 562.111(2), and 562.13.
 8974         d. The Division of Alcoholic Beverages, Marijuana, and
 8975  Tobacco may adopt rules to administer the license created in
 8976  this subparagraph, to include rules governing licensure,
 8977  recordkeeping, and enforcement.
 8978         e. A license issued pursuant to this subparagraph does not
 8979  permit the licensee to sell alcoholic beverages by the package
 8980  for off-premises consumption.
 8981  
 8982  However, any license heretofore issued to any such hotel, motel,
 8983  motor court, or restaurant or hereafter issued to any such
 8984  hotel, motel, or motor court, including a condominium
 8985  accommodation, under the general law may not be moved to a new
 8986  location, such license being valid only on the premises of such
 8987  hotel, motel, motor court, or restaurant. Licenses issued to
 8988  hotels, motels, motor courts, or restaurants under the general
 8989  law and held by such hotels, motels, motor courts, or
 8990  restaurants on May 24, 1947, shall be counted in the quota
 8991  limitation contained in subsection (1). Any license issued for
 8992  any hotel, motel, or motor court under this law shall be issued
 8993  only to the owner of the hotel, motel, or motor court or, in the
 8994  event the hotel, motel, or motor court is leased, to the lessee
 8995  of the hotel, motel, or motor court; and the license shall
 8996  remain in the name of the owner or lessee so long as the license
 8997  is in existence. Any special license now in existence heretofore
 8998  issued under this law cannot be renewed except in the name of
 8999  the owner of the hotel, motel, motor court, or restaurant or, in
 9000  the event the hotel, motel, motor court, or restaurant is
 9001  leased, in the name of the lessee of the hotel, motel, motor
 9002  court, or restaurant in which the license is located and must
 9003  remain in the name of the owner or lessee so long as the license
 9004  is in existence. Any license issued under this section shall be
 9005  marked “Special,” and nothing herein provided shall limit,
 9006  restrict, or prevent the issuance of a special license for any
 9007  restaurant or motel which shall hereafter meet the requirements
 9008  of the law existing immediately before the effective date of
 9009  this act, if construction of such restaurant has commenced
 9010  before the effective date of this act and is completed within 30
 9011  days thereafter, or if an application is on file for such
 9012  special license at the time this act takes effect; and any such
 9013  licenses issued under this proviso may be annually renewed as
 9014  now provided by law. Nothing herein prevents an application for
 9015  transfer of a license to a bona fide purchaser of any hotel,
 9016  motel, motor court, or restaurant by the purchaser of such
 9017  facility or the transfer of such license pursuant to law.
 9018         (12)
 9019         (b) A special license shall be issued under this subsection
 9020  upon filing an application at the district office and paying a
 9021  $25 fee. Such fee shall be deposited in the Alcoholic Beverages,
 9022  Marijuana, and Tobacco Trust Fund.
 9023         Section 40. Paragraph (b) of subsection (1) of section
 9024  561.221, Florida Statutes, is amended to read:
 9025         561.221 Licensing of manufacturers and distributors as
 9026  vendors and of vendors as manufacturers; conditions and
 9027  limitations.—
 9028         (1)
 9029         (b) The Division of Alcoholic Beverages, Marijuana, and
 9030  Tobacco shall issue permits to a certified Florida Farm Winery
 9031  to conduct tasting and sales of wine produced by certified
 9032  Florida Farm Wineries at Florida fairs, trade shows,
 9033  expositions, and festivals. The certified Florida Farm Winery
 9034  shall pay all entry fees and shall have a winery representative
 9035  present during the event. The permit is limited to the length of
 9036  the event.
 9037         Section 41. Paragraph (b) of subsection (4) of section
 9038  561.32, Florida Statutes, is amended to read:
 9039         561.32 Transfer of licenses; change of officers or
 9040  directors; transfer of interest.—
 9041         (4)
 9042         (b) A license issued under s. 561.20(1) may be transferred
 9043  as provided by law within the 3-year period only upon payment to
 9044  the division of a transfer fee in an amount equal to 15 times
 9045  the annual license fee specified in s. 565.02(1)(b)-(f) in the
 9046  county in which the license is valid. However, if the county is
 9047  only authorized for the issuance of liquor licenses for package
 9048  sales only, the transfer fee shall be in an amount equal to 15
 9049  times the annual license fee specified in s. 565.02(1)(a).
 9050  Subsequent to any such transfer, the transferee shall be subject
 9051  to the provisions of the beverage laws with respect to the
 9052  requirement for initial issuance of a license. Any change of
 9053  ownership in any manner, either directly or indirectly,
 9054  including any change in stock, partnership shares, or other form
 9055  of ownership of any entity holding the license shall be
 9056  considered a transfer and subject to the fees set forth in this
 9057  paragraph. The transfer fees provided for in this paragraph
 9058  shall be in addition to any other transfer fee provided for by
 9059  this section. The funds collected pursuant to this paragraph
 9060  shall be deposited in the Alcoholic Beverages, Marijuana, and
 9061  Tobacco Trust Fund and shall be used by the division to defray
 9062  the costs of operation.
 9063         Section 42. Subsection (1) of section 561.545, Florida
 9064  Statutes, is amended to read:
 9065         561.545 Certain shipments of beverages prohibited;
 9066  penalties; exceptions.—The Legislature finds that the direct
 9067  shipment of alcoholic beverages by persons in the business of
 9068  selling alcoholic beverages to residents of this state in
 9069  violation of the Beverage Law poses a serious threat to the
 9070  public health, safety, and welfare; to state revenue
 9071  collections; and to the economy of the state. The Legislature
 9072  further finds that the penalties for illegal direct shipment of
 9073  alcoholic beverages to residents of this state should be made
 9074  adequate to ensure compliance with the Beverage Law and that the
 9075  measures provided for in this section are fully consistent with
 9076  the powers conferred upon the state by the Twenty-first
 9077  Amendment to the United States Constitution.
 9078         (1) Any person in the business of selling alcoholic
 9079  beverages who knowingly and intentionally ships, or causes to be
 9080  shipped, any alcoholic beverage from an out-of-state location
 9081  directly to any person in this state who does not hold a valid
 9082  manufacturer’s or wholesaler’s license or exporter’s
 9083  registration issued by the Division of Alcoholic Beverages,
 9084  Marijuana, and Tobacco or who is not a state-bonded warehouse is
 9085  in violation of this section.
 9086         Section 43. Paragraph (a) of subsection (1) of section
 9087  561.68, Florida Statutes, is amended to read:
 9088         561.68 Licensure; distributor’s salespersons.—
 9089         (1)(a) Before any person may solicit or sell to vendors or
 9090  become employed as a salesperson of spirituous or vinous
 9091  beverages for a licensed Florida distributor in accordance with
 9092  the provisions of this section, such person shall file with the
 9093  district supervisor of the district of the Division of Alcoholic
 9094  Beverages, Marijuana, Beverage and Tobacco in which the
 9095  distributor’s premises is located a sworn application for a
 9096  license on forms provided by the division. Prior to any
 9097  application being approved, the division shall require the
 9098  applicant to file a fee of $50 and file a set of fingerprints on
 9099  regular United States Department of Justice forms. The licensure
 9100  requirement provided in this paragraph does not apply to the
 9101  solicitation or sale of cider.
 9102         Section 44. Subsection (6) of section 561.695, Florida
 9103  Statutes, is amended to read:
 9104         561.695 Stand-alone bar enforcement; qualification;
 9105  penalties.—
 9106         (6) The Division of Alcoholic Beverages, Marijuana, and
 9107  Tobacco shall have the power to enforce part II of chapter 386
 9108  and to audit a licensed vendor that operates a business that
 9109  meets the definition of a stand-alone bar in s. 386.203 for
 9110  compliance with this section.
 9111         Section 45. Subsection (1) of section 561.703, Florida
 9112  Statutes, is amended to read:
 9113         561.703 Definitions relating to Florida Responsible Vendor
 9114  Act.—As used in this act, the term:
 9115         (1) “Division” means the Division of Alcoholic Beverages,
 9116  Marijuana, and Tobacco of the Department of Business and
 9117  Professional Regulation.
 9118         Section 46. Subsection (1) of section 562.025, Florida
 9119  Statutes, is amended to read:
 9120         562.025 Possession of beverages as food ingredients.—This
 9121  chapter shall not be construed to prohibit the owner or employee
 9122  of a public food service establishment from possessing or using
 9123  alcoholic beverages manufactured pursuant to law as ingredients
 9124  to enhance the flavor of food prepared in connection with the
 9125  operation of such establishment, provided that such public food
 9126  service establishment meets the following criteria:
 9127         (1) Such public food service establishment shall hold a
 9128  license which allows consumption of alcoholic beverages on the
 9129  premises, issued by the Division of Alcoholic Beverages,
 9130  Marijuana, and Tobacco; and
 9131  
 9132  Every such establishment shall maintain a menu on the premises
 9133  which menu shall clearly designate the food containing alcoholic
 9134  beverages. Daily specials need not be so posted. Alcoholic
 9135  beverages may be used by the above licensees only as ingredients
 9136  to enhance the flavor of food prepared and served on the
 9137  licensed premises. It is the intention of this section to allow
 9138  the use of such alcoholic beverages by the aforementioned
 9139  licensees in the actual cooking of food and in the enhancement
 9140  of the flavor of certain foods and desserts. This section may
 9141  shall not be construed so as to permit any other use of
 9142  alcoholic beverages by such licensees or the purchase of
 9143  spirituous beverages except from a licensed vendor.
 9144         Section 47. Subsection (1) of section 562.111, Florida
 9145  Statutes, is amended to read:
 9146         562.111 Possession of alcoholic beverages by persons under
 9147  age 21 prohibited.—
 9148         (1) It is unlawful for any person under the age of 21
 9149  years, except a person employed under the provisions of s.
 9150  562.13 acting in the scope of her or his employment, to have in
 9151  her or his possession alcoholic beverages, except that nothing
 9152  contained in this subsection shall preclude the employment of
 9153  any person 18 years of age or older in the sale, preparation, or
 9154  service of alcoholic beverages in licensed premises in any
 9155  establishment licensed by the Division of Alcoholic Beverages,
 9156  Marijuana, and Tobacco or the Division of Hotels and
 9157  Restaurants. Notwithstanding the provisions of s. 562.45, any
 9158  person under the age of 21 who is convicted of a violation of
 9159  this subsection is guilty of a misdemeanor of the second degree,
 9160  punishable as provided in s. 775.082 or s. 775.083; however, any
 9161  person under the age of 21 who has been convicted of a violation
 9162  of this subsection and who is thereafter convicted of a further
 9163  violation of this subsection is, upon conviction of the further
 9164  offense, guilty of a misdemeanor of the first degree, punishable
 9165  as provided in s. 775.082 or s. 775.083.
 9166         Section 48. Paragraph (c) of subsection (2) of section
 9167  562.45, Florida Statutes, is amended to read:
 9168         562.45 Penalties for violating Beverage Law; local
 9169  ordinances; prohibiting regulation of certain activities or
 9170  business transactions; requiring nondiscriminatory treatment;
 9171  providing exceptions.—
 9172         (2)
 9173         (c) A county or municipality may not enact any ordinance
 9174  that regulates or prohibits those activities or business
 9175  transactions of a licensee regulated by the Division of
 9176  Alcoholic Beverages, Marijuana, and Tobacco under the Beverage
 9177  Law. Except as otherwise provided in the Beverage Law, a local
 9178  government, when enacting ordinances designed to promote and
 9179  protect the general health, safety, and welfare of the public,
 9180  shall treat a licensee in a nondiscriminatory manner and in a
 9181  manner that is consistent with the manner of treatment of any
 9182  other lawful business transacted in this state. Nothing in this
 9183  section shall be construed to affect or impair the enactment or
 9184  enforcement by a county or municipality of any zoning, land
 9185  development or comprehensive plan regulation or other ordinance
 9186  authorized under ss. 1, 2, and 5, Art. VIII of the State
 9187  Constitution.
 9188         Section 49. Subsection (2) of section 569.002, Florida
 9189  Statutes, is amended to read:
 9190         569.002 Definitions.—As used in this part, the term:
 9191         (2) “Division” means the Division of Alcoholic Beverages,
 9192  Marijuana, and Tobacco of the Department of Business and
 9193  Professional Regulation.
 9194         Section 50. Paragraph (c) of subsection (1) and subsection
 9195  (4) of section 569.003, Florida Statutes, are amended to read:
 9196         569.003 Retail tobacco products dealer permits;
 9197  application; qualifications; fees; renewal; duplicates.—
 9198         (1)
 9199         (c) Permits shall be issued annually, upon payment of the
 9200  annual permit fee prescribed by the division. The division shall
 9201  fix the fee in an amount sufficient to meet the costs incurred
 9202  by it in carrying out its permitting, enforcement, and
 9203  administrative responsibilities under this part, but the fee may
 9204  not exceed $50. The proceeds of the fee shall be deposited into
 9205  the Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 9206         (4) If a permit has been destroyed or lost, the dealer may
 9207  apply to the division for the issuance of a duplicate permit.
 9208  The division shall issue a duplicate permit upon payment of a
 9209  $15 fee, which the division shall deposit into the Alcoholic
 9210  Beverage, Marijuana, and Tobacco Trust Fund.
 9211         Section 51. Subsections (1) and (4) of section 569.12,
 9212  Florida Statutes, are amended to read:
 9213         569.12 Jurisdiction; tobacco product and nicotine product
 9214  enforcement officers or agents; enforcement.—
 9215         (1) In addition to the Division of Alcoholic Beverages,
 9216  Marijuana, and Tobacco of the Department of Business and
 9217  Professional Regulation, any law enforcement officer certified
 9218  under s. 943.10(1), (6), or (8) shall enforce the provisions of
 9219  this chapter.
 9220         (4) A citation issued to any person violating the
 9221  provisions of s. 569.11 or s. 569.42 shall be in a form
 9222  prescribed by the Division of Alcoholic Beverages, Marijuana,
 9223  and Tobacco of the Department of Business and Professional
 9224  Regulation and shall contain:
 9225         (a) The date and time of issuance.
 9226         (b) The name and address of the person to whom the citation
 9227  is issued.
 9228         (c) The date and time the civil infraction was committed.
 9229         (d) The facts constituting reasonable cause.
 9230         (e) The number of the Florida statute violated.
 9231         (f) The name and authority of the citing officer.
 9232         (g) The procedure for the person to follow in order to
 9233  contest the citation, perform the required community service,
 9234  attend the required anti-tobacco or anti-tobacco and anti
 9235  nicotine program, or to pay the civil penalty.
 9236         Section 52. Subsection (2) of section 569.31, Florida
 9237  Statutes, is amended to read:
 9238         569.31 Definitions.—As used in this part, the term:
 9239         (2) “Division” means the Division of Alcoholic Beverages,
 9240  Marijuana, and Tobacco of the Department of Business and
 9241  Professional Regulation.
 9242         Section 53. Subsections (1) and (3) of section 616.265,
 9243  Florida Statutes, are amended to read:
 9244         616.265 Issuance of beverage license to the authority.—
 9245         (1) The Division of Alcoholic Beverages, Marijuana, and
 9246  Tobacco of the Department of Business and Professional
 9247  Regulation is authorized, upon application, to issue a beverage
 9248  license, as contemplated in ss. 561.17 and 565.02, to the
 9249  Florida State Fair Authority for use by the authority or by a
 9250  concessionaire under contract with the authority within the
 9251  Florida State Fairgrounds in Hillsborough County; however, the
 9252  license issued pursuant to this section does shall not permit
 9253  the licensee or its transferee assigns to sell alcoholic
 9254  beverages in sealed containers for consumption off the Florida
 9255  State Fairgrounds.
 9256         (3) The Florida State Fair Authority may transfer the
 9257  beverage license authorized in this section to a concessionaire
 9258  under contract with the Florida State Fair Authority to furnish
 9259  alcoholic beverages within the Florida State Fairgrounds. The
 9260  contract with the concessionaire must contain a provision that
 9261  the concessionaire agrees not to discriminate on the basis of
 9262  race, sex, age, or religion. The Florida State Fair Authority
 9263  shall make application for the transfer of the license to the
 9264  concessionaire, and the application shall be approved by the
 9265  Director of the Division of Alcoholic Beverages, Marijuana, and
 9266  Tobacco in compliance with the applicable provisions of chapter
 9267  561. However, any transfer of the beverage license authorized in
 9268  this section to a concessionaire operating under contract with
 9269  the Florida State Fair Authority shall be on the condition that,
 9270  if the concession contract is terminated at any time and for any
 9271  cause, the concessionaire shall immediately retransfer the
 9272  beverage license to the Florida State Fair Authority. In the
 9273  event of the failure or refusal of the concessionaire so to
 9274  retransfer the beverage license, it shall be retransferred to
 9275  the Florida State Fair Authority upon proper request made in
 9276  writing to the Division of Alcoholic Beverages, Marijuana, and
 9277  Tobacco of the Department of Business and Professional
 9278  Regulation. Thereafter, the beverage license may again be
 9279  transferred upon the same terms and conditions to any new
 9280  concessionaire under contract with the Florida State Fair
 9281  Authority. It is the intent and purpose of this section that the
 9282  beverage license be at all times the property of the Florida
 9283  State Fair Authority, subject to its transfer, from time to
 9284  time, to enable the concessionaire under contract with the
 9285  Florida State Fair Authority to furnish alcoholic beverages
 9286  within the Florida State Fairgrounds while operating under the
 9287  beverage license authorized by this section.
 9288         Section 54. Paragraphs (a) and (c) of subsection (3) of
 9289  section 633.142, Florida Statutes, are amended to read:
 9290         633.142 Reduced Cigarette Ignition Propensity Standard and
 9291  Firefighter Protection Act; preemption.—
 9292         (3) DEFINITIONS.—For the purposes of this section:
 9293         (a) “Agent” means any person authorized by the Division of
 9294  Alcoholic Beverages, Marijuana, and Tobacco of the Department of
 9295  Business and Professional Regulation to purchase and affix
 9296  stamps on packages of cigarettes.
 9297         (c) “Division” means the Division of Alcoholic Beverages,
 9298  Marijuana, and Tobacco of the Department of Business and
 9299  Professional Regulation.
 9300         Section 55. Paragraph (a) of subsection (2) of section
 9301  772.12, Florida Statutes, is amended to read:
 9302         772.12 Drug Dealer Liability Act.—
 9303         (2) A person, including any governmental entity, has a
 9304  cause of action for threefold the actual damages sustained and
 9305  is entitled to minimum damages in the amount of $1,000 and
 9306  reasonable attorney’s fees and court costs in the trial and
 9307  appellate courts, if the person proves by the greater weight of
 9308  the evidence that:
 9309         (a) The person was injured because of the defendant’s
 9310  actions that resulted in the defendant’s conviction for:
 9311         1. A violation of s. 893.13, except for a violation of s.
 9312  893.13(2)(a) or (b), (4), (5)(a) or (b), (6) s. 893.13(2)(a) or
 9313  (b), (3), (5), (6)(a), (b), or (c), (7); or
 9314         2. A violation of s. 893.135; and
 9315         Section 56. Section 812.171, Florida Statutes, is amended
 9316  to read:
 9317         812.171 Definition.—As used in this act, the term
 9318  “convenience business” means any place of business that is
 9319  primarily engaged in the retail sale of groceries, or both
 9320  groceries and gasoline, that is open for business at any time
 9321  between the hours of 11 p.m. and 5 a.m., and that is licensed by
 9322  the Division of Alcoholic Beverages, Marijuana, and Tobacco
 9323  within the Department of Business and Professional Regulation
 9324  pursuant to chapter 210, chapter 561, chapter 562, chapter 563,
 9325  chapter 564, chapter 565, or chapter 569, as applicable. The
 9326  term “convenience business” does not include:
 9327         (1) A business that is solely or primarily a restaurant.
 9328         (2) A business that always has at least five employees on
 9329  the premises after 11 p.m. and before 5 a.m.
 9330         (3) A business that has at least 10,000 square feet of
 9331  retail floor space.
 9332         (4) A business in which the owner or members of his or her
 9333  family work between the hours of 11 p.m. and 5 a.m.
 9334         Section 57. Subsections (3) through (6) of section 812.173,
 9335  Florida Statutes, are amended to read:
 9336         812.173 Convenience business security.—
 9337         (3) Every convenience business shall be equipped with a
 9338  silent alarm to law enforcement or a private security agency,
 9339  unless an application for an exemption, adopted by rule by the
 9340  Division of Alcoholic Beverages, Marijuana, and Tobacco, is made
 9341  to and granted by the Division of Alcoholic Beverages,
 9342  Marijuana, and Tobacco. An application for exemption must be in
 9343  writing and must be accompanied by an administrative fee of $25
 9344  for each store for which an exemption would apply.
 9345         (4) If a murder, robbery, sexual battery, aggravated
 9346  assault, aggravated battery, or kidnapping or false
 9347  imprisonment, as those crimes are identified and defined by
 9348  Florida Statutes, occurs or has occurred at a convenience
 9349  business since July 1, 1989, and arises out of the operation of
 9350  the convenience business, that convenience business shall notify
 9351  the Division of Alcoholic Beverages, Marijuana, and Tobacco in
 9352  writing and shall implement at least one of the following
 9353  security measures within 30 days after a judicial determination
 9354  that one or more of the aforementioned identified crimes
 9355  occurred at the convenience business:
 9356         (a) Provide at least two employees on the premises at all
 9357  times after 11 p.m. and before 5 a.m.;
 9358         (b) Install for use by employees at all times after 11 p.m.
 9359  and before 5 a.m. a secured safety enclosure of transparent
 9360  polycarbonate or other material that meets at least one of the
 9361  following minimum standards:
 9362         1. American Society for Testing and Materials Standard
 9363  D3935 (classification PC110 B 3 0800700) and that has a
 9364  thickness of at least 0.375 inches and has an impact strength of
 9365  at least 200 foot pounds; or
 9366         2. Underwriters Laboratory Standard UL 752 for medium power
 9367  small arms (level one), Bullet Resisting Equipment;
 9368         (c) Provide a security guard on the premises at all times
 9369  after 11 p.m. and before 5 a.m.;
 9370         (d) Lock the business premises throughout the hours of 11
 9371  p.m. to 5 a.m., and only transact business through an indirect
 9372  pass-through trough, trapdoor, or window; or
 9373         (e) Close the business at all times after 11 p.m. and
 9374  before 5 a.m.
 9375         (5) For purposes of this section, any convenience business
 9376  that by law implemented any of the security measures set forth
 9377  in paragraphs (4)(a)-(e) and has maintained said measures as
 9378  required by the Division of Alcoholic Beverages, Marijuana, and
 9379  Tobacco without any occurrence or incidence of the crimes
 9380  identified by subsection (4) for a period of no less than 24
 9381  months immediately preceding the filing of a notice of
 9382  exemption, may file with the department a notice of exemption
 9383  from these enhanced security measures. In no event shall this
 9384  exemption be interpreted to preclude full compliance with the
 9385  security measures set forth in subsection (4) should any
 9386  occurrence or incidence of the crimes identified by subsection
 9387  (4) cause subsection (4) to be statutorily applicable. As of
 9388  July 1, 2021, the Division of Alcoholic Beverages, Marijuana,
 9389  and Tobacco will provide notice to any convenience business to
 9390  which a subsection (4) incident occurred between July 1, 2019,
 9391  and July 1, 2021. In no event shall the state or the Division of
 9392  Alcoholic Beverages, Marijuana, and Tobacco incur any liability
 9393  for the regulation and enforcement of this act.
 9394         (6) The Division of Alcoholic Beverages, Marijuana, and
 9395  Tobacco has the authority to investigate the premises and
 9396  records of any licensee in order to determine whether the
 9397  licensee is a convenience business and subject to this act.
 9398         Section 58. Section 812.174, Florida Statutes, is amended
 9399  to read:
 9400         812.174 Training of employees.—The owner or principal
 9401  operator of a convenience business or convenience businesses
 9402  shall provide proper robbery deterrence and safety training by
 9403  an approved curriculum to its retail employees within 60 days of
 9404  employment. A proposed curriculum shall be submitted in writing
 9405  to the Division of Alcoholic Beverages, Marijuana, and Tobacco
 9406  with an administrative fee not to exceed $100. The Division of
 9407  Alcoholic Beverages, Marijuana, and Tobacco shall review and
 9408  approve or disapprove the curriculum in writing within 60 days
 9409  after receipt. The state shall have no liability for approving
 9410  or disapproving a training curriculum under this section.
 9411  Approval shall be given to a curriculum which trains and
 9412  familiarizes retail employees with the security principles,
 9413  devices, and measures required by s. 812.173. Disapproval of a
 9414  curriculum shall be subject to the provisions of chapter 120. No
 9415  person shall be liable for ordinary negligence due to
 9416  implementing an approved curriculum if the training was actually
 9417  provided. A curriculum must be submitted for reapproval
 9418  biennially on or before the date established by rule by the
 9419  Division of Alcoholic Beverages, Marijuana, and Tobacco and must
 9420  be accompanied by an administrative fee not to exceed $100.
 9421         Section 59. Section 812.175, Florida Statutes, is amended
 9422  to read:
 9423         812.175 Enforcement; civil fine.—
 9424         (1) The violation of any provision of this act by any owner
 9425  or principal operator of a convenience business shall result in
 9426  a notice of violation from the Division of Alcoholic Beverages,
 9427  Marijuana, and Tobacco. Violators shall have 30 days after
 9428  receipt of the notice to provide proof of compliance to the
 9429  Division of Alcoholic Beverages, Marijuana, and Tobacco. If the
 9430  violation continues after the 30-day period, the Division of
 9431  Alcoholic Beverages, Marijuana, and Tobacco may impose a civil
 9432  fine not to exceed $5,000. The Division of Alcoholic Beverages,
 9433  Marijuana, and Tobacco has the authority to investigate any
 9434  alleged violation and may compromise any alleged violation by
 9435  accepting from the owner or principal operator an amount not to
 9436  exceed $5,000. The Division of Alcoholic Beverages, Marijuana,
 9437  and Tobacco may suspend the imposition of any fine conditioned
 9438  upon terms the Division of Alcoholic Beverages, Marijuana, and
 9439  Tobacco in its discretion deems appropriate. Notices of
 9440  violation and civil fines are subject to chapter 120.
 9441         (2) Moneys received by the Division of Alcoholic Beverages,
 9442  Marijuana, and Tobacco pursuant to this act must be deposited in
 9443  the General Revenue Fund.
 9444         (3) The Division of Alcoholic Beverages, Marijuana, and
 9445  Tobacco is given full power and authority to petition for an
 9446  injunction when it is determined that the health, safety, and
 9447  public welfare is threatened by continued operation of a
 9448  convenience business in violation of this act. In any action for
 9449  injunction, the Division of Alcoholic Beverages, Marijuana, and
 9450  Tobacco may seek a civil penalty not to exceed $5,000 per
 9451  violation, plus attorney’s fees and costs.
 9452         (4) The Division of Alcoholic Beverages, Marijuana, and
 9453  Tobacco may enter into agreements with local governments to
 9454  assist in the enforcement of ss. 812.1701-812.175. Such
 9455  agreements may include provision for reimbursement of
 9456  investigative and enforcement costs incurred by such local
 9457  governments.
 9458         Section 60. Section 812.176, Florida Statutes, is amended
 9459  to read:
 9460         812.176 Rulemaking authority.—The Division of Alcoholic
 9461  Beverages, Marijuana, and Tobacco shall have the power to adopt
 9462  rules pursuant to chapter 120 as necessary to implement the
 9463  Convenience Business Security Act. The security measures and
 9464  training provisions of ss. 812.173 and 812.174 shall meet the
 9465  requirements of the department as set forth by rule.
 9466         Section 61. Subsection (1) of section 832.06, Florida
 9467  Statutes, is amended to read:
 9468         832.06 Prosecution for worthless checks given tax collector
 9469  for licenses or taxes; refunds.—
 9470         (1) Whenever any person, firm, or corporation violates the
 9471  provisions of s. 832.05 by drawing, making, uttering, issuing,
 9472  or delivering to any county tax collector any check, draft, or
 9473  other written order on any bank or depository for the payment of
 9474  money or its equivalent for any tag, title, lien, tax (except ad
 9475  valorem taxes), penalty, or fee relative to a boat, airplane,
 9476  motor vehicle, driver license, or identification card; any
 9477  occupational license, beverage license, or sales or use tax; or
 9478  any hunting or fishing license, the county tax collector, after
 9479  the exercise of due diligence to locate the person, firm, or
 9480  corporation which drew, made, uttered, issued, or delivered the
 9481  check, draft, or other written order for the payment of money,
 9482  or to collect the same by the exercise of due diligence and
 9483  prudence, shall swear out a complaint in the proper court
 9484  against the person, firm, or corporation for the issuance of the
 9485  worthless check or draft. If the state attorney cannot sign the
 9486  information due to lack of proof, as determined by the state
 9487  attorney in good faith, for a prima facie case in court, he or
 9488  she shall issue a certificate so stating to the tax collector.
 9489  If payment of the dishonored check, draft, or other written
 9490  order, together with court costs expended, is not received in
 9491  full by the county tax collector within 30 days after service of
 9492  the warrant, 30 days after conviction, or 60 days after the
 9493  collector swears out the complaint or receives the certificate
 9494  of the state attorney, whichever is first, the county tax
 9495  collector shall make a written report to this effect to the
 9496  Department of Highway Safety and Motor Vehicles relative to
 9497  motor vehicles and vessels, to the Department of Revenue
 9498  relative to occupational licenses and the sales and use tax, to
 9499  the Division of Alcoholic Beverages, Marijuana, and Tobacco of
 9500  the Department of Business and Professional Regulation relative
 9501  to beverage licenses, or to the Fish and Wildlife Conservation
 9502  Commission relative to hunting and fishing licenses, containing
 9503  a statement of the amount remaining unpaid on the worthless
 9504  check or draft. If the information is not signed, the
 9505  certificate of the state attorney is issued, and the written
 9506  report of the amount remaining unpaid is made, the county tax
 9507  collector may request the sum be forthwith refunded by the
 9508  appropriate governmental entity, agency, or department. If a
 9509  warrant has been issued and served, he or she shall certify to
 9510  that effect, together with the court costs and amount remaining
 9511  unpaid on the check. The county tax collector may request that
 9512  the sum of money certified by him or her be forthwith refunded
 9513  by the Department of Highway Safety and Motor Vehicles, the
 9514  Department of Revenue, the Division of Alcoholic Beverages,
 9515  Marijuana, and Tobacco of the Department of Business and
 9516  Professional Regulation, or the Fish and Wildlife Conservation
 9517  Commission to the county tax collector. Within 30 days after
 9518  receipt of the request, the Department of Highway Safety and
 9519  Motor Vehicles, the Department of Revenue, the Division of
 9520  Alcoholic Beverages, Marijuana, and Tobacco of the Department of
 9521  Business and Professional Regulation, or the Fish and Wildlife
 9522  Conservation Commission, upon being satisfied as to the
 9523  correctness of the certificate of the tax collector, or the
 9524  report, shall refund to the county tax collector the sums of
 9525  money so certified or reported. If any officer of any court
 9526  issuing the warrant is unable to serve it within 60 days after
 9527  the issuance and delivery of it to the officer for service, the
 9528  officer shall make a written return to the county tax collector
 9529  to this effect. Thereafter, the county tax collector may certify
 9530  that the warrant has been issued and that service has not been
 9531  had upon the defendant and further certify the amount of the
 9532  worthless check or draft and the amount of court costs expended
 9533  by the county tax collector, and the county tax collector may
 9534  file the certificate with the Department of Highway Safety and
 9535  Motor Vehicles relative to motor vehicles and vessels, with the
 9536  Department of Revenue relative to occupational licenses and the
 9537  sales and use tax, with the Division of Alcoholic Beverages,
 9538  Marijuana, and Tobacco of the Department of Business and
 9539  Professional Regulation relative to beverage licenses, or with
 9540  the Fish and Wildlife Conservation Commission relative to
 9541  hunting and fishing licenses, together with a request that the
 9542  sums of money so certified be forthwith refunded by the
 9543  Department of Highway Safety and Motor Vehicles, the Department
 9544  of Revenue, the Division of Alcoholic Beverages, Marijuana, and
 9545  Tobacco of the Department of Business and Professional
 9546  Regulation, or the Fish and Wildlife Conservation Commission to
 9547  the county tax collector, and within 30 days after receipt of
 9548  the request, the Department of Highway Safety and Motor
 9549  Vehicles, the Department of Revenue, the Division of Alcoholic
 9550  Beverages, Marijuana, and Tobacco of the Department of Business
 9551  and Professional Regulation, or the Fish and Wildlife
 9552  Conservation Commission, upon being satisfied as to the
 9553  correctness of the certificate, shall refund the sums of money
 9554  so certified to the county tax collector.
 9555         Section 62. Subsection (3) of section 877.18, Florida
 9556  Statutes, is amended to read:
 9557         877.18 Identification card or document purporting to
 9558  contain applicant’s age or date of birth; penalties for failure
 9559  to comply with requirements for sale or issuance.—
 9560         (3) All records required to be maintained by this section
 9561  shall be available for inspection without warrant upon
 9562  reasonable demand by any law enforcement officer, including, but
 9563  not limited to, a state attorney investigator or an investigator
 9564  for the Division of Alcoholic Beverages, Marijuana, and Tobacco.
 9565         Section 63. Paragraph (c) of subsection (4) of section
 9566  893.055, Florida Statutes, is amended to read:
 9567         893.055 Prescription drug monitoring program.—
 9568         (4) The following persons must be provided direct access to
 9569  information in the system:
 9570         (c) The program manager or designated program and support
 9571  staff to administer the system.
 9572         1. In order to calculate performance measures pursuant to
 9573  subsection (14), the program manager or program and support
 9574  staff members who have been directed by the program manager to
 9575  calculate performance measures may have direct access to
 9576  information that contains no identifying information of any
 9577  patient, physician, health care practitioner, prescriber, or
 9578  dispenser.
 9579         2. The program manager or designated program and support
 9580  staff must provide the department, upon request, data that does
 9581  not contain patient, physician, health care practitioner,
 9582  prescriber, or dispenser identifying information for public
 9583  health care and safety initiatives purposes.
 9584         3. The program manager, upon determining a pattern
 9585  consistent with the department’s rules established under
 9586  subsection (16), may provide relevant information to the
 9587  prescriber and dispenser.
 9588         4. The program manager, upon determining a pattern
 9589  consistent with the rules established under subsection (16) and
 9590  having cause to believe a violation of s. 893.13(6)(a)8.,
 9591  (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or (8)(b) has
 9592  occurred, may provide relevant information to the applicable law
 9593  enforcement agency.
 9594  
 9595  The program manager and designated program and support staff
 9596  must complete a level II background screening.
 9597         Section 64. Subsection (4) of section 893.0551, Florida
 9598  Statutes, is amended to read:
 9599         893.0551 Public records exemption for the prescription drug
 9600  monitoring program.—
 9601         (4) If the department determines consistent with its rules
 9602  that a pattern of controlled substance abuse exists, the
 9603  department may disclose such confidential and exempt information
 9604  to the applicable law enforcement agency in accordance with s.
 9605  893.055. The law enforcement agency may disclose to a criminal
 9606  justice agency, as defined in s. 119.011, only information
 9607  received from the department that is relevant to an identified
 9608  active investigation that is specific to a violation of s.
 9609  893.13(6)(a)8., (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or
 9610  (8)(b).
 9611         Section 65. Section 893.15, Florida Statutes, is amended to
 9612  read:
 9613         893.15 Rehabilitation.—Any person who violates s.
 9614  893.13(5)(a) s. 893.13(6)(a) or (b) relating to possession may,
 9615  in the discretion of the trial judge, be required to participate
 9616  in a substance abuse services program approved or regulated by
 9617  the Department of Children and Families pursuant to the
 9618  provisions of chapter 397, provided the director of such program
 9619  approves the placement of the defendant in such program. Such
 9620  required participation shall be imposed in addition to any
 9621  penalty or probation otherwise prescribed by law. However, the
 9622  total time of such penalty, probation, and program participation
 9623  may shall not exceed the maximum length of sentence possible for
 9624  the offense.
 9625         Section 66. Subsections (1) and (2) of section 893.21,
 9626  Florida Statutes, are amended to read:
 9627         893.21 Alcohol-related or drug-related overdoses; medical
 9628  assistance; immunity from arrest, charge, prosecution, and
 9629  penalization.—
 9630         (1) A person acting in good faith who seeks medical
 9631  assistance for an individual experiencing, or believed to be
 9632  experiencing, an alcohol-related or a drug-related overdose may
 9633  not be arrested, charged, prosecuted, or penalized for a
 9634  violation of s. 893.147(1) or s. 893.13(5) s. 893.13(6),
 9635  excluding paragraph (b) (c), if the evidence for such offense
 9636  was obtained as a result of the person’s seeking medical
 9637  assistance.
 9638         (2) A person who experiences, or has a good faith belief
 9639  that he or she is experiencing, an alcohol-related or a drug
 9640  related overdose and is in need of medical assistance may not be
 9641  arrested, charged, prosecuted, or penalized for a violation of
 9642  s. 893.147(1) or s. 893.13(5) s. 893.13(6), excluding paragraph
 9643  (b) (c), if the evidence for such offense was obtained as a
 9644  result of the person’s seeking medical assistance.
 9645         Section 67. Paragraphs (a), (b), (c), (e), (g), (h), and
 9646  (i) of subsection (3) of section 921.0022, Florida Statutes, are
 9647  amended to read:
 9648         921.0022 Criminal Punishment Code; offense severity ranking
 9649  chart.—
 9650         (3) OFFENSE SEVERITY RANKING CHART
 9651         (a) LEVEL 1
 9652  
 9653  FloridaStatute          FelonyDegree          Description          
 9654  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 9655  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 9656  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
 9657  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 9658  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 9659  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 9660  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 9661  322.212 (1)(a)-(c)          3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 9662  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 9663  322.212(5)(a)               3rd     False application for driver license or identification card.
 9664  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 9665  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 9666  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
 9667  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 9668  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
 9669  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 9670  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 9671  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 9672  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 9673  826.01                      3rd     Bigamy.                        
 9674  828.122(3)                  3rd     Fighting or baiting animals.   
 9675  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 9676  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 9677  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 9678  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 9679  838.15(2)                   3rd     Commercial bribe receiving.    
 9680  838.16                      3rd     Commercial bribery.            
 9681  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 9682  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 9683  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 9684  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 9685  849.25(2)                   3rd     Engaging in bookmaking.        
 9686  860.08                      3rd     Interfere with a railroad signal.
 9687  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 9688  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 9689  893.13(5)(a)893.13(6)(a)    3rd     Possession of cannabis (more than 20 grams).
 9690  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 9691         (b) LEVEL 2
 9692  
 9693  FloridaStatute             FelonyDegree        Description        
 9694  379.2431 (1)(e)3.              3rd     Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 9695  379.2431 (1)(e)4.              3rd     Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 9696  403.413(6)(c)                  3rd     Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 9697  517.07(2)                      3rd     Failure to furnish a prospectus meeting requirements.
 9698  590.28(1)                      3rd     Intentional burning of lands.
 9699  784.03(3)                      3rd     Battery during a riot or an aggravated riot.
 9700  784.05(3)                      3rd     Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 9701  787.04(1)                      3rd     In violation of court order, take, entice, etc., minor beyond state limits.
 9702  806.13(1)(b)3.                 3rd     Criminal mischief; damage $1,000 or more to public communication or any other public service.
 9703  806.13(3)                      3rd     Criminal mischief; damage of $200 or more to a memorial or historic property.
 9704  810.061(2)                     3rd     Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 9705  810.09(2)(e)                   3rd     Trespassing on posted commercial horticulture property.
 9706  812.014(2)(c)1.                3rd     Grand theft, 3rd degree; $750 or more but less than $5,000.
 9707  812.014(2)(d)                  3rd     Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
 9708  812.015(7)                     3rd     Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 9709  817.234(1)(a)2.                3rd     False statement in support of insurance claim.
 9710  817.481(3)(a)                  3rd     Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 9711  817.52(3)                      3rd     Failure to redeliver hired vehicle.
 9712  817.54                         3rd     With intent to defraud, obtain mortgage note, etc., by false representation.
 9713  817.60(5)                      3rd     Dealing in credit cards of another.
 9714  817.60(6)(a)                   3rd     Forgery; purchase goods, services with false card.
 9715  817.61                         3rd     Fraudulent use of credit cards over $100 or more within 6 months.
 9716  826.04                         3rd     Knowingly marries or has sexual intercourse with person to whom related.
 9717  831.01                         3rd     Forgery.                   
 9718  831.02                         3rd     Uttering forged instrument; utters or publishes alteration with intent to defraud.
 9719  831.07                         3rd     Forging bank bills, checks, drafts, or promissory notes.
 9720  831.08                         3rd     Possessing 10 or more forged notes, bills, checks, or drafts.
 9721  831.09                         3rd     Uttering forged notes, bills, checks, drafts, or promissory notes.
 9722  831.11                         3rd     Bringing into the state forged bank bills, checks, drafts, or notes.
 9723  832.05(3)(a)                   3rd     Cashing or depositing item with intent to defraud.
 9724  843.08                         3rd     False personation.         
 9725  893.13(2)(a)2.                 3rd     Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
 9726  893.147(2)                     3rd     Manufacture or delivery of drug paraphernalia.
 9727         (c) LEVEL 3
 9728  
 9729  FloridaStatute           FelonyDegree         Description          
 9730  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 9731  316.066 (3)(b)-(d)           3rd     Unlawfully obtaining or using confidential crash reports.
 9732  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 9733  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 9734  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 9735  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 9736  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 9737  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 9738  327.35(2)(b)                 3rd     Felony BUI.                   
 9739  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 9740  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 9741  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 9742  379.2431 (1)(e)5.            3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 9743  379.2431 (1)(e)6.            3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
 9744  379.2431 (1)(e)7.            3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 9745  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 9746  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 9747  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 9748  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 9749  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 9750  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 9751  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 9752  697.08                       3rd     Equity skimming.              
 9753  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 9754  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 9755  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 9756  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 9757  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 9758  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 9759  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
 9760  812.081(2)                   3rd     Theft of a trade secret.      
 9761  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 9762  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 9763  817.233                      3rd     Burning to defraud insurer.   
 9764  817.234 (8)(b) & (c)         3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 9765  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 9766  817.236                      3rd     Filing a false motor vehicle insurance application.
 9767  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 9768  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
 9769  817.49(2)(b)1.               3rd     Willful making of a false report of a crime causing great bodily harm, permanent disfigurement, or permanent disability.
 9770  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
 9771  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 9772  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 9773  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
 9774  860.15(3)                    3rd     Overcharging for repairs and parts.
 9775  870.01(2)                    3rd     Riot.                         
 9776  870.01(4)                    3rd     Inciting a riot.              
 9777  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
 9778  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
 9779  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
 9780  893.13(3)(c)893.13(4)(c)     3rd     Use or hire of minor; deliver to minor other controlled substances.
 9781  893.13(5)(a)893.13(6)(a)     3rd     Possession of any controlled substance other than felony possession of cannabis.
 9782  893.13(6)(a)8.893.13(7)(a)8.    3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 9783  893.13(6)(a)9.893.13(7)(a)9.    3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 9784  893.13(6)(a)10.893.13(7)(a)10.    3rd     Affix false or forged label to package of controlled substance.
 9785  893.13(6)(a)11.893.13(7)(a)11.    3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 9786  893.13(7)(a)1.893.13(8)(a)1.    3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 9787  893.13(7)(a)2.893.13(8)(a)2.    3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 9788  893.13(7)(a)3.893.13(8)(a)3.    3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 9789  893.13(7)(a)4.893.13(8)(a)4.    3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 9790  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 9791  944.47 (1)(a)1. & 2.         3rd     Introduce contraband to correctional facility.
 9792  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 9793  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 9794         (e) LEVEL 5
 9795  
 9796  FloridaStatute             FelonyDegree        Description        
 9797  316.027(2)(a)                  3rd     Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 9798  316.1935(4)(a)                 2nd     Aggravated fleeing or eluding.
 9799  316.80(2)                      2nd     Unlawful conveyance of fuel; obtaining fuel fraudulently.
 9800  322.34(6)                      3rd     Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 9801  327.30(5)                      3rd     Vessel accidents involving personal injury; leaving scene.
 9802  379.365(2)(c)1.                3rd     Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 9803  379.367(4)                     3rd     Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 9804  379.407(5)(b)3.                3rd     Possession of 100 or more undersized spiny lobsters.
 9805  381.0041(11)(b)                3rd     Donate blood, plasma, or organs knowing HIV positive.
 9806  440.10(1)(g)                   2nd     Failure to obtain workers’ compensation coverage.
 9807  440.105(5)                     2nd     Unlawful solicitation for the purpose of making workers’ compensation claims.
 9808  440.381(2)                     3rd     Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 9809  624.401(4)(b)2.                2nd     Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 9810  626.902(1)(c)                  2nd     Representing an unauthorized insurer; repeat offender.
 9811  790.01(2)                      3rd     Carrying a concealed firearm.
 9812  790.162                        2nd     Threat to throw or discharge destructive device.
 9813  790.163(1)                     2nd     False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 9814  790.221(1)                     2nd     Possession of short-barreled shotgun or machine gun.
 9815  790.23                         2nd     Felons in possession of firearms, ammunition, or electronic weapons or devices.
 9816  796.05(1)                      2nd     Live on earnings of a prostitute; 1st offense.
 9817  800.04(6)(c)                   3rd     Lewd or lascivious conduct; offender less than 18 years of age.
 9818  800.04(7)(b)                   2nd     Lewd or lascivious exhibition; offender 18 years of age or older.
 9819  806.111(1)                     3rd     Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 9820  812.0145(2)(b)                 2nd     Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 9821  812.015 (8)(a) & (c)-(e)       3rd     Retail theft; property stolen is valued at $750 or more and one or more specified acts.
 9822  812.019(1)                     2nd     Stolen property; dealing in or trafficking in.
 9823  812.081(3)                     2nd     Trafficking in trade secrets.
 9824  812.131(2)(b)                  3rd     Robbery by sudden snatching.
 9825  812.16(2)                      3rd     Owning, operating, or conducting a chop shop.
 9826  817.034(4)(a)2.                2nd     Communications fraud, value $20,000 to $50,000.
 9827  817.234(11)(b)                 2nd     Insurance fraud; property value $20,000 or more but less than $100,000.
 9828  817.2341(1), (2)(a) & (3)(a)    3rd     Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 9829  817.568(2)(b)                  2nd     Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 9830  817.611(2)(a)                  2nd     Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 9831  817.625(2)(b)                  2nd     Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 9832  825.1025(4)                    3rd     Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 9833  827.071(4)                     2nd     Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 9834  827.071(5)                     3rd     Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 9835  828.12(2)                      3rd     Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 9836  839.13(2)(b)                   2nd     Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 9837  843.01                         3rd     Resist officer with violence to person; resist arrest with violence.
 9838  847.0135(5)(b)                 2nd     Lewd or lascivious exhibition using computer; offender 18 years or older.
 9839  847.0137 (2) & (3)             3rd     Transmission of pornography by electronic device or equipment.
 9840  847.0138 (2) & (3)             3rd     Transmission of material harmful to minors to a minor by electronic device or equipment.
 9841  874.05(1)(b)                   2nd     Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 9842  874.05(2)(a)                   2nd     Encouraging or recruiting person under 13 years of age to join a criminal gang.
 9843  893.13(1)(a)1.                 2nd     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
 9844  893.13(1)(c)2.                 2nd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 9845  893.13(1)(d)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
 9846  893.13(1)(e)2.                 2nd     Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 9847  893.13(1)(f)1.                 1st     Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
 9848  893.13(3)(b)893.13(4)(b)       2nd     Use or hire of minor; deliver to minor other controlled substance.
 9849  893.1351(1)                    3rd     Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 9850         (g) LEVEL 7
 9851  
 9852  FloridaStatute           FelonyDegree         Description         
 9853  316.027(2)(c)                 1st     Accident involving death, failure to stop; leaving scene.
 9854  316.193(3)(c)2.               3rd     DUI resulting in serious bodily injury.
 9855  316.1935(3)(b)                1st     Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 9856  327.35(3)(c)2.                3rd     Vessel BUI resulting in serious bodily injury.
 9857  402.319(2)                    2nd     Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 9858  409.920 (2)(b)1.a.            3rd     Medicaid provider fraud; $10,000 or less.
 9859  409.920 (2)(b)1.b.            2nd     Medicaid provider fraud; more than $10,000, but less than $50,000.
 9860  456.065(2)                    3rd     Practicing a health care profession without a license.
 9861  456.065(2)                    2nd     Practicing a health care profession without a license which results in serious bodily injury.
 9862  458.327(1)                    3rd     Practicing medicine without a license.
 9863  459.013(1)                    3rd     Practicing osteopathic medicine without a license.
 9864  460.411(1)                    3rd     Practicing chiropractic medicine without a license.
 9865  461.012(1)                    3rd     Practicing podiatric medicine without a license.
 9866  462.17                        3rd     Practicing naturopathy without a license.
 9867  463.015(1)                    3rd     Practicing optometry without a license.
 9868  464.016(1)                    3rd     Practicing nursing without a license.
 9869  465.015(2)                    3rd     Practicing pharmacy without a license.
 9870  466.026(1)                    3rd     Practicing dentistry or dental hygiene without a license.
 9871  467.201                       3rd     Practicing midwifery without a license.
 9872  468.366                       3rd     Delivering respiratory care services without a license.
 9873  483.828(1)                    3rd     Practicing as clinical laboratory personnel without a license.
 9874  483.901(7)                    3rd     Practicing medical physics without a license.
 9875  484.013(1)(c)                 3rd     Preparing or dispensing optical devices without a prescription.
 9876  484.053                       3rd     Dispensing hearing aids without a license.
 9877  494.0018(2)                   1st     Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 9878  560.123(8)(b)1.               3rd     Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 9879  560.125(5)(a)                 3rd     Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 9880  655.50(10)(b)1.               3rd     Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 9881  775.21(10)(a)                 3rd     Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 9882  775.21(10)(b)                 3rd     Sexual predator working where children regularly congregate.
 9883  775.21(10)(g)                 3rd     Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 9884  782.051(3)                    2nd     Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 9885  782.07(1)                     2nd     Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 9886  782.071                       2nd     Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 9887  782.072                       2nd     Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 9888  784.045(1)(a)1.               2nd     Aggravated battery; intentionally causing great bodily harm or disfigurement.
 9889  784.045(1)(a)2.               2nd     Aggravated battery; using deadly weapon.
 9890  784.045(1)(b)                 2nd     Aggravated battery; perpetrator aware victim pregnant.
 9891  784.048(4)                    3rd     Aggravated stalking; violation of injunction or court order.
 9892  784.048(7)                    3rd     Aggravated stalking; violation of court order.
 9893  784.07(2)(d)                  1st     Aggravated battery on law enforcement officer.
 9894  784.074(1)(a)                 1st     Aggravated battery on sexually violent predators facility staff.
 9895  784.08(2)(a)                  1st     Aggravated battery on a person 65 years of age or older.
 9896  784.081(1)                    1st     Aggravated battery on specified official or employee.
 9897  784.082(1)                    1st     Aggravated battery by detained person on visitor or other detainee.
 9898  784.083(1)                    1st     Aggravated battery on code inspector.
 9899  787.06(3)(a)2.                1st     Human trafficking using coercion for labor and services of an adult.
 9900  787.06(3)(e)2.                1st     Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 9901  790.07(4)                     1st     Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 9902  790.16(1)                     1st     Discharge of a machine gun under specified circumstances.
 9903  790.165(2)                    2nd     Manufacture, sell, possess, or deliver hoax bomb.
 9904  790.165(3)                    2nd     Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 9905  790.166(3)                    2nd     Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 9906  790.166(4)                    2nd     Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 9907  790.23                      1st,PBL   Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 9908  794.08(4)                     3rd     Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 9909  796.05(1)                     1st     Live on earnings of a prostitute; 2nd offense.
 9910  796.05(1)                     1st     Live on earnings of a prostitute; 3rd and subsequent offense.
 9911  800.04(5)(c)1.                2nd     Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 9912  800.04(5)(c)2.                2nd     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 9913  800.04(5)(e)                  1st     Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 9914  806.01(2)                     2nd     Maliciously damage structure by fire or explosive.
 9915  810.02(3)(a)                  2nd     Burglary of occupied dwelling; unarmed; no assault or battery.
 9916  810.02(3)(b)                  2nd     Burglary of unoccupied dwelling; unarmed; no assault or battery.
 9917  810.02(3)(d)                  2nd     Burglary of occupied conveyance; unarmed; no assault or battery.
 9918  810.02(3)(e)                  2nd     Burglary of authorized emergency vehicle.
 9919  812.014(2)(a)1.               1st     Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 9920  812.014(2)(b)2.               2nd     Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 9921  812.014(2)(b)3.               2nd     Property stolen, emergency medical equipment; 2nd degree grand theft.
 9922  812.014(2)(b)4.               2nd     Property stolen, law enforcement equipment from authorized emergency vehicle.
 9923  812.0145(2)(a)                1st     Theft from person 65 years of age or older; $50,000 or more.
 9924  812.019(2)                    1st     Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 9925  812.131(2)(a)                 2nd     Robbery by sudden snatching.
 9926  812.133(2)(b)                 1st     Carjacking; no firearm, deadly weapon, or other weapon.
 9927  817.034(4)(a)1.               1st     Communications fraud, value greater than $50,000.
 9928  817.234(8)(a)                 2nd     Solicitation of motor vehicle accident victims with intent to defraud.
 9929  817.234(9)                    2nd     Organizing, planning, or participating in an intentional motor vehicle collision.
 9930  817.234(11)(c)                1st     Insurance fraud; property value $100,000 or more.
 9931  817.2341 (2)(b) & (3)(b)      1st     Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 9932  817.418(2)(a)                 3rd     Offering for sale or advertising personal protective equipment with intent to defraud.
 9933  817.504(1)(a)                 3rd     Offering or advertising a vaccine with intent to defraud.
 9934  817.535(2)(a)                 3rd     Filing false lien or other unauthorized document.
 9935  817.611(2)(b)                 2nd     Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 9936  825.102(3)(b)                 2nd     Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 9937  825.103(3)(b)                 2nd     Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 9938  827.03(2)(b)                  2nd     Neglect of a child causing great bodily harm, disability, or disfigurement.
 9939  827.04(3)                     3rd     Impregnation of a child under 16 years of age by person 21 years of age or older.
 9940  837.05(2)                     3rd     Giving false information about alleged capital felony to a law enforcement officer.
 9941  838.015                       2nd     Bribery.                    
 9942  838.016                       2nd     Unlawful compensation or reward for official behavior.
 9943  838.021(3)(a)                 2nd     Unlawful harm to a public servant.
 9944  838.22                        2nd     Bid tampering.              
 9945  843.0855(2)                   3rd     Impersonation of a public officer or employee.
 9946  843.0855(3)                   3rd     Unlawful simulation of legal process.
 9947  843.0855(4)                   3rd     Intimidation of a public officer or employee.
 9948  847.0135(3)                   3rd     Solicitation of a child, via a computer service, to commit an unlawful sex act.
 9949  847.0135(4)                   2nd     Traveling to meet a minor to commit an unlawful sex act.
 9950  872.06                        2nd     Abuse of a dead human body. 
 9951  874.05(2)(b)                  1st     Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 9952  874.10                      1st,PBL   Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 9953  893.13(1)(c)1.                1st     Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 9954  893.13(1)(e)1.                1st     Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
 9955  893.13(3)(a)893.13(4)(a)      1st     Use or hire of minor; deliver to minor other controlled substance.
 9956  893.135(1)(a)1.               1st     Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 9957  893.135 (1)(a)1.a.893.135 (1)(b)1.a.     1st     Trafficking in cocaine, more than 28 grams, less than 200 grams.
 9958  893.135 (1)(b)1.a.893.135 (1)(c)1.a.     1st     Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 9959  893.135 (1)(b)2.a.893.135 (1)(c)2.a.     1st     Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 9960  893.135 (1)(b)2.b.893.135 (1)(c)2.b.     1st     Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
 9961  893.135 (1)(b)3.a.893.135 (1)(c)3.a.     1st     Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 9962  893.135 (1)(b)3.b.893.135 (1)(c)3.b.     1st     Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 9963  893.135 (1)(b)4.b.(I)893.135 (1)(c)4.b.(I)     1st     Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 9964  893.135 (1)(c)1.a.893.135 (1)(d)1.a.     1st     Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 9965  893.135(1)(d)1.893.135(1)(e)1.     1st     Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 9966  893.135(1)(e)1.893.135(1)(f)1.     1st     Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 9967  893.135 (1)(f)1.a.893.135 (1)(g)1.a.     1st     Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 9968  893.135 (1)(g)1.a.893.135 (1)(h)1.a.     1st     Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 9969  893.135 (1)(i)1.a.893.135 (1)(j)1.a.     1st     Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 9970  893.135 (1)(j)2.a.893.135 (1)(k)2.a.     1st     Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 9971  893.135 (1)(l)2.a.893.135 (1)(m)2.a.     1st     Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 9972  893.135 (1)(l)2.b.893.135 (1)(m)2.b.     1st     Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 9973  893.135 (1)(m)2.a.893.135 (1)(n)2.a.     1st     Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 9974  893.1351(2)                   2nd     Possession of place for trafficking in or manufacturing of controlled substance.
 9975  896.101(5)(a)                 3rd     Money laundering, financial transactions exceeding $300 but less than $20,000.
 9976  896.104(4)(a)1.               3rd     Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 9977  943.0435(4)(c)                2nd     Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 9978  943.0435(8)                   2nd     Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 9979  943.0435(9)(a)                3rd     Sexual offender; failure to comply with reporting requirements.
 9980  943.0435(13)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 9981  943.0435(14)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 9982  944.607(9)                    3rd     Sexual offender; failure to comply with reporting requirements.
 9983  944.607(10)(a)                3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 9984  944.607(12)                   3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 9985  944.607(13)                   3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 9986  985.4815(10)                  3rd     Sexual offender; failure to submit to the taking of a digitized photograph.
 9987  985.4815(12)                  3rd     Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 9988  985.4815(13)                  3rd     Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 9989         (h) LEVEL 8
 9990  
 9991  FloridaStatute            FelonyDegree         Description         
 9992  316.193 (3)(c)3.a.             2nd     DUI manslaughter.           
 9993  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 9994  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 9995  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
 9996  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 9997  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 9998  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 9999  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
10000  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
10001  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
10002  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
10003  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
10004  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
10005  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
10006  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
10007  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
10008  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
10009  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
10010  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
10011  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
10012  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
10013  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
10014  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
10015  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
10016  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
10017  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
10018  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
10019  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
10020  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
10021  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
10022  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
10023  812.13(2)(b)                   1st     Robbery with a weapon.      
10024  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
10025  817.418(2)(b)                  2nd     Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
10026  817.504(1)(b)                  2nd     Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
10027  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
10028  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
10029  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
10030  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
10031  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
10032  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
10033  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
10034  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
10035  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
10036  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
10037  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
10038  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
10039  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
10040  860.16                         1st     Aircraft piracy.            
10041  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
10042  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
10043  893.13(5)(b)893.13(6)(c)       1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
10044  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
10045  893.135 (1)(a)1.b.893.135 (1)(b)1.b.     1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
10046  893.135 (1)(b)1.b.893.135 (1)(c)1.b.     1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
10047  893.135 (1)(b)2.c.893.135 (1)(c)2.c.     1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
10048  893.135 (1)(b)3.c.893.135 (1)(c)3.c.     1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
10049  893.135 (1)(b)4.b.(II)893.135 (1)(c)4.b.(II)     1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
10050  893.135 (1)(c)1.b.893.135 (1)(d)1.b.     1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
10051  893.135 (1)(d)1.b.893.135 (1)(e)1.b.     1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
10052  893.135 (1)(e)1.b.893.135 (1)(f)1.b.     1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
10053  893.135 (1)(f)1.b.893.135 (1)(g)1.b.     1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
10054  893.135 (1)(g)1.b.893.135 (1)(h)1.b.     1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
10055  893.135 (1)(i)1.b.893.135 (1)(j)1.b.     1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
10056  893.135 (1)(j)2.b.893.135 (1)(k)2.b.     1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
10057  893.135 (1)(l)2.c.893.135 (1)(m)2.c.     1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
10058  893.135 (1)(m)2.b.893.135 (1)(n)2.b.     1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
10059  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
10060  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
10061  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
10062  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
10063  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
10064  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
10065         (i) LEVEL 9
10066  
10067  FloridaStatute            FelonyDegree         Description         
10068  316.193 (3)(c)3.b.             1st     DUI manslaughter; failing to render aid or give information.
10069  327.35 (3)(c)3.b.              1st     BUI manslaughter; failing to render aid or give information.
10070  409.920 (2)(b)1.c.             1st     Medicaid provider fraud; $50,000 or more.
10071  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
10072  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
10073  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
10074  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
10075  775.0844                       1st     Aggravated white collar crime.
10076  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
10077  782.04(3)                    1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
10078  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
10079  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
10080  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
10081  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
10082  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
10083  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
10084  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
10085  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
10086  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
10087  790.161                        1st     Attempted capital destructive device offense.
10088  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
10089  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
10090  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
10091  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
10092  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
10093  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
10094  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
10095  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
10096  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
10097  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
10098  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
10099  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
10100  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
10101  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
10102  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
10103  817.535(5)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
10104  817.568(7)                   2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
10105  827.03(2)(a)                   1st     Aggravated child abuse.     
10106  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
10107  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
10108  859.01                         1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
10109  893.135                        1st     Attempted capital trafficking offense.
10110  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
10111  893.135 (1)(a)1.c.893.135 (1)(b)1.c.     1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
10112  893.135 (1)(b)1.c.893.135 (1)(c)1.c.     1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
10113  893.135 (1)(b)2.d.893.135 (1)(c)2.d.     1st     Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
10114  893.135 (1)(b)3.d.893.135 (1)(c)3.d.     1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
10115  893.135 (1)(b)4.b.(III)893.135 (1)(c)4.b.(III)     1st     Trafficking in fentanyl, 28 grams or more.
10116  893.135 (1)(c)1.c.893.135 (1)(d)1.c.     1st     Trafficking in phencyclidine, 400 grams or more.
10117  893.135 (1)(d)1.c.893.135 (1)(e)1.c.     1st     Trafficking in methaqualone, 25 kilograms or more.
10118  893.135 (1)(e)1.c.893.135 (1)(f)1.c.     1st     Trafficking in amphetamine, 200 grams or more.
10119  893.135 (1)(g)1.c.893.135 (1)(h)1.c.     1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
10120  893.135 (1)(i)1.c.893.135 (1)(j)1.c.     1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
10121  893.135 (1)(j)2.c.893.135 (1)(k)2.c.     1st     Trafficking in Phenethylamines, 400 grams or more.
10122  893.135 (1)(l)2.d.893.135 (1)(m)2.d.     1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
10123  893.135 (1)(m)2.c.893.135 (1)(n)2.c.     1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
10124  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
10125  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
10126         Section 68. Paragraph (c) of subsection (6) of section
10127  932.7055, Florida Statutes, is amended to read:
10128         932.7055 Disposition of liens and forfeited property.—
10129         (6) If the seizing agency is a state agency, all remaining
10130  proceeds shall be deposited into the General Revenue Fund.
10131  However, if the seizing agency is:
10132         (c) The Division of Alcoholic Beverages, Marijuana, and
10133  Tobacco, the proceeds accrued pursuant to the Florida Contraband
10134  Forfeiture Act shall be deposited into the Alcoholic Beverage,
10135  Marijuana, and Tobacco Trust Fund or into the department’s
10136  Federal Law Enforcement Trust Fund as provided in s. 561.027, as
10137  applicable.
10138         Section 69. Subsection (1) of section 948.20, Florida
10139  Statutes, is amended to read:
10140         948.20 Drug offender probation.—
10141         (1) If it appears to the court upon a hearing that the
10142  defendant is a chronic substance abuser whose criminal conduct
10143  is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other
10144  nonviolent felony if such nonviolent felony is committed on or
10145  after July 1, 2009, and notwithstanding s. 921.0024 the
10146  defendant’s Criminal Punishment Code scoresheet total sentence
10147  points are 60 points or fewer, the court may either adjudge the
10148  defendant guilty or stay and withhold the adjudication of guilt.
10149  In either case, the court may also stay and withhold the
10150  imposition of sentence and place the defendant on drug offender
10151  probation or into a postadjudicatory treatment-based drug court
10152  program if the defendant otherwise qualifies. As used in this
10153  section, the term “nonviolent felony” means a third degree
10154  felony violation under chapter 810 or any other felony offense
10155  that is not a forcible felony as defined in s. 776.08.
10156         Section 70. Paragraph (d) of subsection (2) of section
10157  1002.395, Florida Statutes, is amended to read:
10158         1002.395 Florida Tax Credit Scholarship Program.—
10159         (2) DEFINITIONS.—As used in this section, the term:
10160         (d) “Division” means the Division of Alcoholic Beverages,
10161  Marijuana, and Tobacco of the Department of Business and
10162  Professional Regulation.
10163         Section 71. Paragraph (d) of subsection (1) of section
10164  1003.485, Florida Statutes, is amended to read:
10165         1003.485 The New Worlds Reading Initiative.—
10166         (1) DEFINITIONS.—As used in this section, the term:
10167         (d) “Division” means the Division of Alcoholic Beverages,
10168  Marijuana, and Tobacco of the Department of Business and
10169  Professional Regulation.
10170         Section 72. This act shall take effect July 1, 2022.