Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1030
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             05/02/2014 12:14 PM       .                                

       Senator Clemens moved the following:
    1         Senate Amendment to House Amendment (329511) 
    3         Delete lines 126 - 177
    4  and insert:
    5         (5) DUTIES OF THE DEPARTMENT.—
    6         (a) By January 1, 2015, the department shall:
    7         1. Create a secure, electronic, and online compassionate
    8  use registry for the registration of physicians and patients as
    9  provided under this section. The registry must be accessible to
   10  law enforcement agencies and to a dispensing organization in
   11  order to verify patient authorization for low-THC cannabis and
   12  record the low-THC cannabis dispensed. The registry must prevent
   13  an active registration of a patient by multiple physicians.
   14         2. Authorize at least one, but no more than four,
   15  dispensing organizations, to ensure reasonable statewide
   16  accessibility and availability as necessary for patients
   17  registered in the compassionate use registry and who are ordered
   18  low-THC cannabis under this section. The department shall
   19  develop an application form and impose an initial application
   20  and biennial renewal fee that is sufficient to cover the costs
   21  of administering this section. An applicant for approval as a
   22  dispensing organization must be able to demonstrate:
   23         a. The technical and technological ability to cultivate and
   24  produce low-THC cannabis. The applicant must possess a valid
   25  certificate of registration issued by the Department of
   26  Agriculture and Consumer Services pursuant to s. 581.131 that is
   27  issued for the cultivation of more than 400,000 plants, be
   28  operated by a nurseryman as defined in s. 581.011, and have been
   29  operated as a registered nursery in this state for at least 30
   30  continuous years.
   31         b. The ability to secure the premises, resources, and
   32  personnel necessary to operate as a dispensing organization.
   33         c. The ability to maintain accountability of all raw
   34  materials, finished products, and any byproducts to prevent
   35  diversion or unlawful access to or possession of these
   36  substances.
   37         d. An infrastructure reasonably located to dispense low-THC
   38  cannabis to registered patients statewide or regionally as
   39  determined by the department.
   40         e. The financial ability to maintain operations for the
   41  duration of the 2-year approval cycle, including the provision
   42  of certified financials to the department. Upon approval, the
   43  applicant must post a $5 million performance bond.
   44         f. That all owners and managers have been fingerprinted and
   45  have successfully passed a level 2 background screening pursuant
   46  to s. 435.04.
   47         g. The employment of a medical director who is a physician
   48  licensed under chapter 458 or chapter 459 to supervise the
   49  activities of the dispensing organization.
   50         (b) Monitor physician registration and ordering of low-THC
   51  cannabis for ordering practices that could facilitate unlawful
   52  diversion or misuse of low-THC cannabis and take disciplinary
   53  action as indicated.
   54         (c) Adopt rules necessary to implement this section.