Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 768
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/01/2022 .
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The Committee on Appropriations (Rouson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 139 and 140
4 insert:
5 Section 3. Effective upon this act becoming a law,
6 paragraph (a) of subsection (8) of section 381.986, Florida
7 Statutes, is amended to read:
8 381.986 Medical use of marijuana.—
9 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
10 (a) The department shall license medical marijuana
11 treatment centers to ensure reasonable statewide accessibility
12 and availability as necessary for qualified patients registered
13 in the medical marijuana use registry and who are issued a
14 physician certification under this section.
15 1. As soon as practicable, but no later than July 3, 2017,
16 the department shall license as a medical marijuana treatment
17 center any entity that holds an active, unrestricted license to
18 cultivate, process, transport, and dispense low-THC cannabis,
19 medical cannabis, and cannabis delivery devices, under former s.
20 381.986, Florida Statutes 2016, before July 1, 2017, and which
21 meets the requirements of this section. In addition to the
22 authority granted under this section, these entities are
23 authorized to dispense low-THC cannabis, medical cannabis, and
24 cannabis delivery devices ordered pursuant to former s. 381.986,
25 Florida Statutes 2016, which were entered into the compassionate
26 use registry before July 1, 2017, and are authorized to begin
27 dispensing marijuana under this section on July 3, 2017. The
28 department may grant variances from the representations made in
29 such an entity’s original application for approval under former
30 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
31 2. The department shall license as medical marijuana
32 treatment centers 10 applicants that meet the requirements of
33 this section, under the following parameters:
34 a. As soon as practicable, but no later than August 1,
35 2017, the department shall license any applicant whose
36 application was reviewed, evaluated, and scored by the
37 department and which was denied a dispensing organization
38 license by the department under former s. 381.986, Florida
39 Statutes 2014; which had one or more administrative or judicial
40 challenges pending as of January 1, 2017, or had a final ranking
41 within one point of the highest final ranking in its region
42 under former s. 381.986, Florida Statutes 2014; which meets the
43 requirements of this section; and which provides documentation
44 to the department that it has the existing infrastructure and
45 technical and technological ability to begin cultivating
46 marijuana within 30 days after registration as a medical
47 marijuana treatment center.
48 b. As soon as practicable, the department shall license one
49 applicant that is a recognized class member of Pigford v.
50 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
51 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
52 under this sub-subparagraph is exempt from the requirement of
53 subparagraph (b)2. An applicant that applies for licensure under
54 this sub-subparagraph, pays its initial application fee, is
55 determined by the department through the application process to
56 qualify as a recognized class member, and is not awarded a
57 license under this sub-subparagraph may transfer its initial
58 application fee to one subsequent opportunity to apply for
59 licensure under subparagraph 4.
60 c. As soon as practicable, but no later than October 3,
61 2017, the department shall license applicants that meet the
62 requirements of this section in sufficient numbers to result in
63 10 total licenses issued under this subparagraph, while
64 accounting for the number of licenses issued under sub
65 subparagraphs a. and b.
66 3. For up to two of the licenses issued under subparagraph
67 2., the department shall give preference to applicants that
68 demonstrate in their applications that they own one or more
69 facilities that are, or were, used for the canning,
70 concentrating, or otherwise processing of citrus fruit or citrus
71 molasses and will use or convert the facility or facilities for
72 the processing of marijuana.
73 4. Within 6 months after the registration of 100,000 active
74 qualified patients in the medical marijuana use registry, the
75 department shall license four additional medical marijuana
76 treatment centers that meet the requirements of this section.
77 Thereafter, the department shall license four medical marijuana
78 treatment centers within 6 months after the registration of each
79 additional 100,000 active qualified patients in the medical
80 marijuana use registry that meet the requirements of this
81 section.
82
83 ================= T I T L E A M E N D M E N T ================
84 And the title is amended as follows:
85 Delete line 19
86 and insert:
87 shelters; amending s. 381.986, F.S.; authorizing
88 certain applicants for medical marijuana treatment
89 center licenses to transfer their initial application
90 fee to one subsequent opportunity to apply for
91 licensure under certain circumstances; authorizing the