Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1397, 2nd Eng.
       
       
       
       
       
       
                                Ì124868TÎ124868                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             05/04/2017 04:34 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Substitute for Amendment (467840) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 381.986, Florida Statutes, is amended to
    7  read:
    8         (Substantial rewording of section. See
    9         s. 381.986, F.S., for present text.)
   10         381.986 Medical use of marijuana.—
   11         (1) DEFINITIONS.—As used in this section, the term:
   12         (a) “Caregiver” means a resident of this state who has
   13  agreed to assist with a qualified patient’s medical use of
   14  marijuana, has a caregiver identification card, and meets the
   15  requirements of subsection (6).
   16         (b) “Chronic nonmalignant pain” means pain that is caused
   17  by a qualifying medical condition or that originates from a
   18  qualifying medical condition and persists beyond the usual
   19  course of that qualifying medical condition.
   20         (c) “Close relative” means a spouse, parent, sibling,
   21  grandparent, child, or grandchild, whether related by whole or
   22  half blood, by marriage, or by adoption.
   23         (d) “Edibles” means commercially produced food items made
   24  with marijuana oil, but no other form of marijuana, which are
   25  produced and dispensed by a medical marijuana treatment center.
   26         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
   27  the dried flowers of which contain 0.8 percent or less of
   28  tetrahydrocannabinol and more than 10 percent of cannabidiol
   29  weight for weight; the seeds thereof; the resin extracted from
   30  any part of such plant; or any compound, manufacture, salt,
   31  derivative, mixture, or preparation of the plant or its seeds or
   32  resin which is dispensed from a medical marijuana treatment
   33  center.
   34         (f) “Marijuana” means all parts of any plant of the genus
   35  Cannabis, whether growing or not; the seeds thereof; the resin
   36  extracted from any part of the plant; or any compound,
   37  manufacture, salt, derivative, mixture, or preparation of the
   38  plant or its seeds or resin, including low-THC cannabis, which
   39  is dispensed from a medical marijuana treatment center for
   40  medical use by a qualified patient.
   41         (g) “Marijuana delivery device” means an object that is
   42  used, intended for use, or designed for use in preparing,
   43  storing, ingesting, inhaling, or otherwise introducing marijuana
   44  into the human body and that is dispensed from a medical
   45  marijuana treatment center for medical use by a qualified
   46  patient.
   47         (h) “Marijuana testing laboratory” means a facility that
   48  collects and analyzes marijuana samples from a medical marijuana
   49  treatment center and has been certified by the department
   50  pursuant to s. 381.988.
   51         (i) “Medical director” means a person who holds an active,
   52  unrestricted license as an allopathic physician under chapter
   53  458 or osteopathic physician under chapter 459 and is in
   54  compliance with the requirements of paragraph (3)(c).
   55         (j) “Medical use” means the acquisition, possession, use,
   56  delivery, transfer, or administration of marijuana authorized by
   57  a physician certification. The term does not include:
   58         1. Possession, use, or administration of marijuana that was
   59  not purchased or acquired from a medical marijuana treatment
   60  center.
   61         2. Possession, use, or administration of marijuana in a
   62  form for smoking, in the form of commercially produced food
   63  items other than edibles, or of marijuana seeds or flower,
   64  except for flower in a sealed receptacle for vaping.
   65         3. Use or administration of any form or amount of marijuana
   66  in a manner that is inconsistent with the qualified physician’s
   67  directions or physician certification.
   68         4. Transfer of marijuana to a person other than the
   69  qualified patient for whom it was authorized or the qualified
   70  patient’s caregiver on behalf of the qualified patient.
   71         5. Use or administration of marijuana in the following
   72  locations:
   73         a. On any form of public transportation, except for low-THC
   74  cannabis.
   75         b. In any public place, except for low-THC cannabis.
   76         c. In a qualified patient’s place of employment, except
   77  when permitted by his or her employer.
   78         d. In a state correctional institution, as defined in s.
   79  944.02, or a correctional institution, as defined in s. 944.241.
   80         e. On the grounds of a preschool, primary school, or
   81  secondary school, except as provided in s. 1006.062.
   82         f. In a school bus, a vehicle, an aircraft, or a motorboat,
   83  except for low-THC cannabis.
   84         (k) “Physician certification” means a qualified physician’s
   85  authorization for a qualified patient to receive marijuana and a
   86  marijuana delivery device from a medical marijuana treatment
   87  center.
   88         (l) “Qualified patient” means a resident of this state who
   89  has been added to the medical marijuana use registry by a
   90  qualified physician to receive marijuana or a marijuana delivery
   91  device for medical use and who has a qualified patient
   92  identification card.
   93         (m) “Qualified physician” means a person who holds an
   94  active, unrestricted license as an allopathic physician under
   95  chapter 458 or as an osteopathic physician under chapter 459 and
   96  is in compliance with the physician education requirements of
   97  subsection (3).
   98         (n) “Smoking” means burning or igniting a substance and
   99  inhaling the smoke.
  100         (o) “Terminal condition” means a progressive disease or
  101  medical or surgical condition that causes significant functional
  102  impairment, is not considered by a treating physician to be
  103  reversible without the administration of life-sustaining
  104  procedures, and will result in death within 1 year after
  105  diagnosis if the condition runs its normal course.
  106         (2) QUALIFYING MEDICAL CONDITIONS.—A patient must be
  107  diagnosed with at least one of the following conditions to
  108  qualify to receive marijuana or a marijuana delivery device:
  109         (a) Cancer.
  110         (b) Epilepsy.
  111         (c) Glaucoma.
  112         (d) Positive status for human immunodeficiency virus.
  113         (e) Acquired immune deficiency syndrome.
  114         (f) Post-traumatic stress disorder.
  115         (g) Amyotrophic lateral sclerosis.
  116         (h) Crohn’s disease.
  117         (i) Parkinson’s disease.
  118         (j) Multiple sclerosis.
  119         (k) A medical condition of the same kind or class as or
  120  comparable to any of those enumerated in paragraphs (a)-(j).
  121         (l) A terminal condition diagnosed by a physician other
  122  than the qualified physician issuing the physician
  123  certification.
  124         (m) Chronic nonmalignant pain.
  125         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  126         (a) To be approved as a qualified physician, a physician
  127  must successfully complete a 2-hour course and subsequent
  128  examination offered by the Florida Medical Association or the
  129  Florida Osteopathic Medical Association which encompass the
  130  requirements of this section and any rules adopted under this
  131  section. The course and examination shall be administered at
  132  least annually and may be offered in a distance learning format,
  133  including an electronic, online format that is available upon
  134  request. The price of the course may not exceed $500. A
  135  physician who has met the physician education requirements of
  136  former s. 381.986(4), Florida Statutes 2016, before the
  137  effective date of this section shall be deemed to be in
  138  compliance with this paragraph from the effective date of this
  139  act until 90 days after the course and examination required by
  140  this paragraph become available.
  141         (b) A qualified physician may not be employed by, or have
  142  any direct or indirect economic interest in, a medical marijuana
  143  treatment center or marijuana testing laboratory.
  144         (c) A medical director must successfully complete a 2-hour
  145  course and subsequent examination offered by the Florida Medical
  146  Association or the Florida Osteopathic Medical Association which
  147  encompass the requirements of this section and any rules adopted
  148  under this section. The course and examination shall be
  149  administered at least annually and may be offered in a distance
  150  learning format, including an electronic, online format that is
  151  available upon request. The price of the course may not exceed
  152  $500.
  153         (4) PHYSICIAN CERTIFICATION.—
  154         (a) A qualified physician may issue a physician
  155  certification only if the qualified physician:
  156         1. Conducted a physical examination while physically
  157  present in the same room as the patient and a full assessment of
  158  the medical history of the patient.
  159         2. Diagnosed the patient with at least one qualifying
  160  medical condition.
  161         3. Determined that the medical use of marijuana would
  162  likely outweigh the potential health risks for the patient, and
  163  such determination must be documented in the patient’s medical
  164  record. If a patient is younger than 18 years of age, a second
  165  physician must concur with this determination, and such
  166  concurrence must be documented in the patient’s medical record.
  167         4. Determined whether the patient is pregnant and
  168  documented such determination in the patient’s medical record. A
  169  physician may not issue a physician certification, except for
  170  low-THC cannabis, to a patient who is pregnant.
  171         5. Reviewed the patient’s controlled drug prescription
  172  history in the prescription drug monitoring program database
  173  established pursuant to s. 893.055.
  174         6. Reviewed the medical marijuana use registry and
  175  confirmed that the patient does not have an active physician
  176  certification from another qualified physician.
  177         7. Registers as the issuer of the physician certification
  178  for the named qualified patient on the medical marijuana use
  179  registry in an electronic manner determined by the department,
  180  and:
  181         a. Enters into the registry the contents of the physician
  182  certification, including the patient’s qualifying condition and
  183  the dosage not to exceed the daily dose amount determined by the
  184  department, the amount and forms of marijuana authorized for the
  185  patient, and any types of marijuana delivery devices needed by
  186  the patient for the medical use of marijuana;
  187         b. Updates the registry within 7 days after any change is
  188  made to the original physician certification to reflect such
  189  change; and
  190         c. Deactivates the registration of the qualified patient
  191  and the patient’s caregiver when the physician no longer
  192  recommends the medical use of marijuana for the patient.
  193         8. Obtains the voluntary and informed written consent of
  194  the patient for medical use of marijuana each time the qualified
  195  physician issues a physician certification for the patient,
  196  which shall be maintained in the patient’s medical record. The
  197  patient, or the patient’s parent or legal guardian if the
  198  patient is a minor, must sign the informed consent acknowledging
  199  that the qualified physician has sufficiently explained its
  200  content. The qualified physician must use a standardized
  201  informed consent form adopted in rule by the Board of Medicine
  202  and the Board of Osteopathic Medicine, which must include, at a
  203  minimum, information related to:
  204         a. The Federal Government’s classification of marijuana as
  205  a Schedule I controlled substance.
  206         b. The approval and oversight status of marijuana by the
  207  Food and Drug Administration.
  208         c. The current state of research on the efficacy of
  209  marijuana to treat the qualifying conditions set forth in this
  210  section.
  211         d. The potential for addiction.
  212         e. The potential effect that marijuana may have on a
  213  patient’s coordination, motor skills, and cognition, including a
  214  warning against operating heavy machinery, operating a motor
  215  vehicle, or engaging in activities that require a person to be
  216  alert or respond quickly.
  217         f. The potential side effects of marijuana use.
  218         g. The risks, benefits, and drug interactions of marijuana.
  219         h. That the patient’s de-identified health information
  220  contained in the physician certification and medical marijuana
  221  use registry may be used for research purposes.
  222         (b) If a qualified physician issues a physician
  223  certification for a qualified patient diagnosed with a
  224  qualifying medical condition as described in paragraph (2)(k),
  225  the physician must submit the following to the applicable board
  226  within 14 days after issuing the physician certification:
  227         1. Documentation supporting the qualified physician’s
  228  opinion that the medical condition is of the same kind or class
  229  as the conditions in paragraphs (2)(a)-(j).
  230         2. Documentation that establishes the efficacy of marijuana
  231  as treatment for the condition.
  232         3. Documentation supporting the qualified physician’s
  233  opinion that the benefits of medical use of marijuana would
  234  likely outweigh the potential health risks for the patient.
  235         4. Any other documentation as required by board rule.
  236  
  237  The department must submit such documentation to the Coalition
  238  for Medical Marijuana Research and Education established
  239  pursuant to s. 1004.4351.
  240         (c) A qualified physician may not issue a physician
  241  certification for more than three 70-day supply limits of
  242  marijuana. The department shall quantify by rule a daily dose
  243  amount with equivalent dose amounts for each allowable form of
  244  marijuana dispensed by a medical marijuana treatment center. The
  245  department shall use the daily dose amount to calculate a 70-day
  246  supply.
  247         1. A qualified physician may request an exception to the
  248  daily dose amount limit. The request shall be made
  249  electronically on a form adopted by the department in rule and
  250  must include, at a minimum:
  251         a. The qualified patient’s qualifying medical condition.
  252         b. The dosage and route of administration which were
  253  insufficient to provide relief to the qualified patient.
  254         c. A description of how the patient will benefit from an
  255  increased amount.
  256         d. The minimum daily dose amount of marijuana that would be
  257  sufficient for the treatment of the qualified patient’s
  258  qualifying medical condition.
  259         2. A qualified physician must provide the qualified
  260  patient’s records upon the request of the department.
  261         3. The department shall approve or disapprove the request
  262  within 14 days after receipt of the complete documentation
  263  required by this paragraph. The request shall be deemed approved
  264  if the department fails to act within this time period.
  265         (d) A qualified physician must evaluate and recertify an
  266  existing qualified patient at least once every 30 weeks prior to
  267  issuing a new physician certification. A physician must:
  268         1. Determine if the patient still meets the requirements of
  269  a qualified patient under paragraph (a).
  270         2. Identify and document in the qualified patient’s medical
  271  records whether the qualified patient experienced either of the
  272  following related to the medical use of marijuana:
  273         a. An adverse drug interaction with any prescription or
  274  nonprescription medication; or
  275         b. A reduction in the use of opioid analgesics.
  276         3. Submit a report with the findings required pursuant to
  277  subparagraph 2. to the department. The department shall submit
  278  such reports to the Coalition for Medical Marijuana Research and
  279  Education established pursuant to s. 1004.4351.
  280         (e) An active order for low-THC cannabis or medical
  281  cannabis issued pursuant to former s. 381.986, Florida Statutes
  282  2016, and registered with the compassionate use registry before
  283  the effective date of this section, is deemed a physician
  284  certification, and all patients possessing such orders are
  285  deemed qualified patients until the department begins issuing
  286  medical marijuana use registry identification cards.
  287         (f) The department shall monitor physician registration in
  288  the medical marijuana use registry and the issuance of physician
  289  certifications for practices that could facilitate unlawful
  290  diversion or misuse of marijuana or a marijuana delivery device
  291  and shall take disciplinary action as appropriate.
  292         (g) The Board of Medicine and the Board of Osteopathic
  293  Medicine shall jointly create a physician certification pattern
  294  review panel that shall review all physician certifications
  295  submitted to the medical marijuana use registry. The panel shall
  296  track and report the number of physician certifications and the
  297  qualifying medical conditions, dosage, supply amount, and forms
  298  of marijuana certified. The panel shall report the data both by
  299  individual qualified physician and in the aggregate, by county,
  300  and statewide. The physician certification pattern review panel
  301  shall, beginning January 1, 2018, submit an annual report of its
  302  findings and recommendations to the Governor, the President of
  303  the Senate, and the Speaker of the House of Representatives.
  304         (h) The department, the Board of Medicine, and the Board of
  305  Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1)
  306  and 120.54 to implement this subsection.
  307         (5) MEDICAL MARIJUANA USE REGISTRY.—
  308         (a) The department shall create and maintain a secure,
  309  electronic, and online medical marijuana use registry for
  310  physicians, patients, and caregivers as provided under this
  311  section. The medical marijuana use registry must be accessible
  312  to law enforcement agencies, qualified physicians, and medical
  313  marijuana treatment centers to verify the authorization of a
  314  qualified patient or a caregiver to possess marijuana or a
  315  marijuana delivery device and record the marijuana or marijuana
  316  delivery device dispensed. The medical marijuana use registry
  317  must also be accessible to practitioners licensed to prescribe
  318  prescription drugs to ensure proper care for patients before
  319  medications that may interact with the medical use of marijuana
  320  are prescribed. The medical marijuana use registry must prevent
  321  an active registration of a qualified patient by multiple
  322  physicians.
  323         (b) The department shall determine whether an individual is
  324  a resident of this state for the purpose of registration of
  325  qualified patients and caregivers in the medical marijuana use
  326  registry. To prove residency:
  327         1. An adult resident must provide the department with a
  328  copy of his or her valid Florida driver license issued under s.
  329  322.18 or a copy of a valid Florida identification card issued
  330  under s. 322.051.
  331         2. An adult seasonal resident who cannot meet the
  332  requirements of subparagraph 1. may provide the department with
  333  a copy of two of the following that show proof of residential
  334  address:
  335         a. A deed, mortgage, monthly mortgage statement, mortgage
  336  payment booklet, or residential rental or lease agreement.
  337         b. One proof of residential address from the seasonal
  338  resident’s parent, stepparent, legal guardian, or other person
  339  with whom the seasonal resident resides and a statement from the
  340  person with whom the seasonal resident resides stating that the
  341  seasonal resident does reside with him or her.
  342         c. A utility hook up or work order dated within 60 days
  343  prior to registration in the medical use registry.
  344         d. A utility bill, not more than 2 months old.
  345         e. Mail from a financial institution, including checking,
  346  savings, or investment account statements, not more than 2
  347  months old.
  348         f. Mail from a federal, state, county, or municipal
  349  government agency, not more than 2 months old.
  350         g. Any other documentation that provides proof of
  351  residential address as determined by department rule.
  352  
  353  As used in this subparagraph, the term “seasonal resident” means
  354  any person who temporarily resides in this state for a period of
  355  at least 31 consecutive days in each calendar year, maintains a
  356  temporary residence in this state, returns to the state or
  357  jurisdiction of his or her residence at least one time during
  358  each calendar year, and is registered to vote or pays income tax
  359  in another state or jurisdiction.
  360         3. A minor must provide the department with a certified
  361  copy of a birth certificate or a current record of registration
  362  from a Florida K-12 school and must have a parent or legal
  363  guardian who meets the requirements of subparagraph 1.
  364         (c) The department may suspend or revoke the registration
  365  of a qualified patient or caregiver if the qualified patient or
  366  caregiver:
  367         1. Provides misleading, incorrect, false, or fraudulent
  368  information to the department;
  369         2. Obtains a supply of marijuana in an amount greater than
  370  the amount authorized by the physician certification;
  371         3. Falsifies, alters, or otherwise modifies an
  372  identification card;
  373         4. Fails to timely notify the department of any changes to
  374  his or her qualified patient status; or
  375         5. Violates the requirements of this section or any rule
  376  adopted under this section.
  377         (d) The department shall immediately suspend the
  378  registration of a qualified patient charged with a violation of
  379  chapter 893 until final disposition of any alleged offense.
  380  Thereafter, the department may extend the suspension, revoke the
  381  registration, or reinstate the registration.
  382         (e) The department shall immediately suspend the
  383  registration of any caregiver charged with a violation of
  384  chapter 893 until final disposition of any alleged offense. The
  385  department shall revoke a caregiver registration if the
  386  caregiver does not meet the requirements of subparagraph
  387  (6)(b)6.
  388         (f) The department may revoke the registration of a
  389  qualified patient or caregiver who cultivates marijuana or who
  390  acquires, possesses, or delivers marijuana from any person or
  391  entity other than a medical marijuana treatment center.
  392         (g) The department shall revoke the registration of a
  393  qualified patient, and the patient’s associated caregiver, upon
  394  notification that the patient no longer meets the criteria of a
  395  qualified patient.
  396         (h) The department may adopt rules pursuant to ss.
  397  120.536(1) and 120.54 to implement this subsection.
  398         (6) CAREGIVERS.—
  399         (a) The department must register an individual as a
  400  caregiver on the medical marijuana use registry and issue a
  401  caregiver identification card if an individual designated by a
  402  qualified patient meets all of the requirements of this
  403  subsection and department rule.
  404         (b) A caregiver must:
  405         1. Not be a qualified physician and not be employed by or
  406  have an economic interest in a medical marijuana treatment
  407  center or a marijuana testing laboratory.
  408         2. Be 21 years of age or older and a resident of this
  409  state.
  410         3. Agree in writing to assist with the qualified patient’s
  411  medical use of marijuana.
  412         4. Be registered in the medical marijuana use registry as a
  413  caregiver for no more than one qualified patient, except as
  414  provided in this paragraph.
  415         5. Successfully complete a caregiver certification course
  416  developed and administered by the department or its designee,
  417  which must be renewed biennially. The price of the course may
  418  not exceed $100.
  419         6. Pass a background screening pursuant to subsection (9),
  420  unless the patient is a close relative of the caregiver.
  421         (c) A qualified patient may designate no more than one
  422  caregiver to assist with the qualified patient’s medical use of
  423  marijuana, unless:
  424         1. The qualified patient is a minor and the designated
  425  caregivers are parents or legal guardians of the qualified
  426  patient;
  427         2. The qualified patient is an adult who has an
  428  intellectual or developmental disability that prevents the
  429  patient from being able to protect or care for himself or
  430  herself without assistance or supervision and the designated
  431  caregivers are the parents or legal guardians of the qualified
  432  patient; or
  433         3. The qualified patient is admitted to a hospice program.
  434         (d) A caregiver may be registered in the medical marijuana
  435  use registry as a designated caregiver for no more than one
  436  qualified patient, unless:
  437         1. The caregiver is a parent or legal guardian of more than
  438  one minor who is a qualified patient;
  439         2. The caregiver is a parent or legal guardian of more than
  440  one adult who is a qualified patient and who has an intellectual
  441  or developmental disability that prevents the patient from being
  442  able to protect or care for himself or herself without
  443  assistance or supervision; or
  444         3. All qualified patients the caregiver has agreed to
  445  assist are admitted to a hospice program and have requested the
  446  assistance of that caregiver with the medical use of marijuana;
  447  the caregiver is an employee of the hospice; and the caregiver
  448  provides personal care or other services directly to clients of
  449  the hospice in the scope of that employment.
  450         (e) A caregiver may not receive compensation, other than
  451  actual expenses incurred, for any services provided to the
  452  qualified patient.
  453         (f) If a qualified patient is younger than 18 years of age,
  454  only a caregiver may purchase or administer marijuana for
  455  medical use by the qualified patient. The qualified patient may
  456  not purchase marijuana.
  457         (g) A caregiver must be in immediate possession of his or
  458  her medical marijuana use registry identification card at all
  459  times when in possession of marijuana or a marijuana delivery
  460  device and must present his or her medical marijuana use
  461  registry identification card upon the request of a law
  462  enforcement officer.
  463         (h) The department may adopt rules pursuant to ss.
  464  120.536(1) and 120.54 to implement this subsection.
  465         (7) IDENTIFICATION CARDS.—
  466         (a) The department shall issue medical marijuana use
  467  registry identification cards for qualified patients and
  468  caregivers who are residents of this state which must be renewed
  469  annually. The identification cards must be resistant to
  470  counterfeiting and tampering and must include, at a minimum, the
  471  following:
  472         1. The name, address, and date of birth of the qualified
  473  patient or caregiver.
  474         2. A full-face, passport-type, color photograph of the
  475  qualified patient or caregiver taken within the 90 days
  476  immediately preceding registration or the Florida driver license
  477  or Florida identification card photograph of the qualified
  478  patient or caregiver obtained directly from the Department of
  479  Highway Safety and Motor Vehicles.
  480         3. Identification as a qualified patient or a caregiver.
  481         4. The unique numeric identifier used for the qualified
  482  patient in the medical marijuana use registry.
  483         5. For a caregiver, the name and unique numeric identifier
  484  of the caregiver and the qualified patient or patients that the
  485  caregiver is assisting.
  486         6. The expiration date of the identification card.
  487         (b) The department must receive written consent from a
  488  qualified patient’s parent or legal guardian before it may issue
  489  an identification card to a qualified patient who is a minor.
  490         (c) The department shall, by July 3, 2017, adopt rules
  491  pursuant to ss. 120.536(1) and 120.54 establishing procedures
  492  for the issuance, renewal, suspension, replacement, surrender,
  493  and revocation of medical marijuana use registry identification
  494  cards and shall begin issuing qualified patient identification
  495  cards by October 3, 2017.
  496         (d) Applications for identification cards must be submitted
  497  on a form prescribed by the department. The department may
  498  charge a reasonable fee associated with the issuance,
  499  replacement, and renewal of identification cards. The department
  500  may contract with a third-party vendor to issue identification
  501  cards. The vendor selected by the department must have
  502  experience performing similar functions for other state
  503  agencies.
  504         (e) A qualified patient or caregiver must return his or her
  505  identification card to the department within 5 business days
  506  after revocation.
  507         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  508         (a) The department shall license medical marijuana
  509  treatment centers to ensure reasonable statewide accessibility
  510  and availability as necessary for qualified patients registered
  511  in the medical marijuana use registry and who are issued a
  512  physician certification under this section.
  513         1. The department shall license as a medical marijuana
  514  treatment center any entity that holds an active, unrestricted
  515  license to cultivate, process, transport, and dispense low-THC
  516  cannabis, medical cannabis, and cannabis delivery devices, under
  517  former s. 381.986, Florida Statutes 2016, before July 1, 2017,
  518  and which meets the requirements of this section. In addition to
  519  the authority granted under this section, these entities are
  520  authorized to dispense low-THC cannabis, medical cannabis, and
  521  cannabis delivery devices ordered pursuant to former s. 381.986,
  522  Florida Statutes 2016, which were entered into the compassionate
  523  use registry before July 1, 2017. The department may grant
  524  variances from the representations made in such an entity’s
  525  original application for approval under former s. 381.986,
  526  Florida Statutes 2014, pursuant to paragraph (e).
  527         2. As soon as practicable, but no later than October 1,
  528  2017, the department shall license as medical marijuana
  529  treatment centers 10 applicants that meet the requirements of
  530  this section, except as provided in sub-subparagraph c.,
  531  including:
  532         a. Any medical marijuana treatment center applicant that
  533  was denied a dispensing organization license by the department
  534  under former s. 381.986, Florida Statutes 2014, if the applicant
  535  is awarded a license pursuant to an administrative or legal
  536  challenge filed before January 1, 2017.
  537         b. One applicant that was a qualified dispensing
  538  organization applicant under former s. 381.986, Florida Statutes
  539  2014; was the highest scoring applicant that was not awarded a
  540  license; was not a litigant in an administrative challenge on or
  541  after March 31, 2017; and provides documentation to the
  542  department that it has the existing infrastructure and technical
  543  and technological ability to begin cultivating, processing, and
  544  dispensing marijuana within 30 days after registration as a
  545  medical marijuana treatment center.
  546         c. One applicant that is a recognized class member of
  547  Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black
  548  Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011); is a member of
  549  the Black Farmers and Agriculturalists Association-Florida
  550  Chapter; and meets the requirements of subparagraphs (b)3.-9.
  551         3. Within 6 months after the medical marijuana use registry
  552  reaches a total of 75,000 active registered qualified patients
  553  and upon each further instance of the total active registered
  554  qualified patients increasing by 75,000, the department shall
  555  license five additional medical marijuana treatment centers if a
  556  sufficient number of medical marijuana treatment center
  557  applicants meet the registration requirements of this section
  558  and department rule.
  559         (b) An applicant for licensure as a medical marijuana
  560  treatment center shall apply to the department on a form
  561  prescribed by the department and adopted in rule. The department
  562  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  563  establishing a procedure for the issuance and biennial renewal
  564  of licenses, including initial application and biennial renewal
  565  fees sufficient to cover the costs of administering this
  566  licensure program. Subject to the requirements in subparagraphs
  567  (a)2.-4., the department shall issue a license to an applicant
  568  if the applicant meets the requirements of this section and pays
  569  the initial application fee. The department shall renew the
  570  licensure of a medical marijuana treatment center biennially if
  571  the licensee meets the requirements of this section and pays the
  572  biennial renewal fee. An individual may not be an applicant,
  573  owner, officer, board member, or manager on more than one
  574  application for licensure as a medical marijuana treatment
  575  center. An individual or entity may not be awarded more than one
  576  license as a medical marijuana treatment center. An applicant
  577  for licensure as a medical marijuana treatment center must
  578  demonstrate:
  579         1. That, for the 5 consecutive years before submitting the
  580  application, the applicant has been registered to do business in
  581  in the state.
  582         2. Possession of a valid certificate of registration issued
  583  by the Department of Agriculture and Consumer Services pursuant
  584  to s. 581.131.
  585         3. The technical and technological ability to cultivate and
  586  produce marijuana, including, but not limited to, low-THC
  587  cannabis.
  588         4. The ability to secure the premises, resources, and
  589  personnel necessary to operate as a medical marijuana treatment
  590  center.
  591         5. The ability to maintain accountability of all raw
  592  materials, finished products, and any byproducts to prevent
  593  diversion or unlawful access to or possession of these
  594  substances.
  595         6. An infrastructure reasonably located to dispense
  596  marijuana to registered qualified patients statewide or
  597  regionally as determined by the department.
  598         7. The financial ability to maintain operations for the
  599  duration of the 2-year approval cycle, including the provision
  600  of certified financial statements to the department. Upon
  601  approval, the applicant must post a $5 million performance bond.
  602  However, a medical marijuana treatment center serving at least
  603  1,000 qualified patients is only required to maintain a $2
  604  million performance bond.
  605         8. That all owners, officers, board members, and managers
  606  have passed a background screening pursuant to subsection (9).
  607         9. The employment of a medical director to supervise the
  608  activities of the medical marijuana treatment center.
  609         (c) A medical marijuana treatment center may not make a
  610  wholesale purchase of marijuana from, or a distribution of
  611  marijuana to, another medical marijuana treatment center unless
  612  the medical marijuana treatment center seeking to make a
  613  wholesale purchase of marijuana submits proof of harvest failure
  614  to the department.
  615         (d) The department shall establish, maintain, and control a
  616  computer software tracking system that traces marijuana from
  617  seed to sale and allows real-time, 24-hour access by the
  618  department to data from all medical marijuana treatment centers
  619  and marijuana testing laboratories. The tracking system must
  620  allow for integration of other seed-to-sale systems and, at a
  621  minimum, include notification of when marijuana seeds are
  622  planted, when marijuana plants are harvested and destroyed, and
  623  when marijuana is transported, sold, stolen, diverted, or lost.
  624  Each medical marijuana treatment center shall use the seed-to
  625  sale tracking system established by the department or integrate
  626  its own seed-to-sale tracking system with the seed-to-sale
  627  tracking system established by the department. Each medical
  628  marijuana treatment center may use its own seed-to-sale system
  629  until the department establishes a seed-to-sale tracking system.
  630  The department may contract with a vendor to establish the seed
  631  to-sale tracking system. The vendor selected by the department
  632  may not have a contractual relationship with the department to
  633  perform any services pursuant to this section other than the
  634  seed-to-sale tracking system. The vendor may not have a direct
  635  or indirect financial interest in a medical marijuana treatment
  636  center or a marijuana testing laboratory.
  637         (e) A licensed medical marijuana treatment center shall
  638  cultivate, process, transport, and dispense marijuana for
  639  medical use. A licensed medical marijuana treatment center may
  640  not contract for services directly related to the cultivation,
  641  processing, and dispensing of marijuana or marijuana delivery
  642  devices. A licensed medical marijuana treatment center must, at
  643  all times, maintain compliance with the criteria demonstrated
  644  and representations made in the initial application and the
  645  criteria established in this subsection. Upon request, the
  646  department may grant a medical marijuana treatment center a
  647  variance from the representations made in the initial
  648  application. Consideration of such a request shall be based upon
  649  the individual facts and circumstances surrounding the request.
  650  A variance may not be granted unless the requesting medical
  651  marijuana treatment center can demonstrate to the department
  652  that it has a proposed alternative to the specific
  653  representation made in its application which fulfills the same
  654  or a similar purpose as the specific representation in a way
  655  that the department can reasonably determine will not be a lower
  656  standard than the specific representation in the application. A
  657  variance may not be granted from the requirements in
  658  subparagraph 2. and subparagraphs (b)1. and 2.
  659         1. A licensed medical marijuana treatment center may
  660  transfer ownership to an individual or entity who meets the
  661  requirements of this section. To accommodate a change in
  662  ownership:
  663         a. The licensed medical marijuana treatment center shall
  664  notify the department in writing at least 60 days before the
  665  anticipated date of the change of ownership.
  666         b. The individual or entity applying for initial licensure
  667  due to a change of ownership must submit an application that
  668  must be received by the department at least 60 days prior to the
  669  date of change of ownership.
  670         c. Upon receipt of an application for a license, the
  671  department shall examine the application and, within 30 days
  672  after receipt, notify the applicant in writing of any apparent
  673  errors or omissions and request any additional information
  674  required.
  675         d. Requested information omitted from an application for
  676  licensure must be filed with the department within 21 days after
  677  the department’s request for omitted information or the
  678  application shall be deemed incomplete and shall be withdrawn
  679  from further consideration and the fees shall be forfeited.
  680  
  681  Within 30 days after the receipt of a complete application, the
  682  department shall approve or deny the application.
  683         2. A medical marijuana treatment center, and any individual
  684  or entity who directly or indirectly owns, controls, or holds
  685  with power to vote 5 percent or more of the voting shares of a
  686  medical marijuana treatment center, may not acquire direct or
  687  indirect ownership or control of any voting shares or other form
  688  of ownership of any other medical marijuana treatment center.
  689         3. All employees of a medical marijuana treatment center
  690  must be 21 years of age or older and have passed a background
  691  screening pursuant to subsection (9).
  692         4. Each medical marijuana treatment center must adopt and
  693  enforce policies and procedures to ensure employees and
  694  volunteers receive training on the legal requirements to
  695  dispense marijuana to qualified patients.
  696         5. When growing marijuana, a medical marijuana treatment
  697  center:
  698         a. May use pesticides determined by the department, after
  699  consultation with the Department of Agriculture and Consumer
  700  Services, to be safely applied to plants intended for human
  701  consumption, but may not use pesticides designated as
  702  restricted-use pesticides pursuant to s. 487.042.
  703         b. Must grow marijuana within an enclosed structure and in
  704  a room separate from any other plant.
  705         c. Must inspect seeds and growing plants for plant pests
  706  that endanger or threaten the horticultural and agricultural
  707  interests of the state in accordance with chapter 581 and any
  708  rules adopted thereunder.
  709         d. Must perform fumigation or treatment of plants, or
  710  remove and destroy infested or infected plants, in accordance
  711  with chapter 581 and any rules adopted thereunder.
  712         6. Each medical marijuana treatment center must produce and
  713  make available for purchase at least one low-THC cannabis
  714  product.
  715         7. A medical marijuana treatment center that produces
  716  edibles must hold a permit to operate as a food establishment
  717  pursuant to chapter 500, the Florida Food Safety Act, and must
  718  comply with all the requirements for food establishments
  719  pursuant to chapter 500 and any rules adopted thereunder.
  720  Edibles may not contain more than 200 milligrams of
  721  tetrahydrocannabinol and a single serving portion of an edible
  722  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  723  may have a potency variance of no greater than 15 percent.
  724  Edibles may not be attractive to children; be manufactured in
  725  the shape of humans, cartoons, or animals; be manufactured in a
  726  form that bears any reasonable resemblance to products available
  727  for consumption as commercially available candy; or contain any
  728  color additives. To discourage consumption of edibles by
  729  children, the department shall determine by rule any shapes,
  730  forms, and ingredients allowed and prohibited for edibles.
  731  Medical marijuana treatment centers may not begin processing or
  732  dispensing edibles until after the effective date of the rule.
  733  The department shall also adopt sanitation rules providing the
  734  standards and requirements for the storage, display, or
  735  dispensing of edibles.
  736         8. When processing marijuana, a medical marijuana treatment
  737  center must:
  738         a. Process the marijuana within an enclosed structure and
  739  in a room separate from other plants or products.
  740         b. Not use a hydrocarbon based solvent, such as butane,
  741  hexane, or propane, to extract or separate resin from marijuana.
  742         c. Test the processed marijuana using a medical marijuana
  743  testing laboratory before it is dispensed. Results must be
  744  verified and signed by two medical marijuana treatment center
  745  employees. Before dispensing, the medical marijuana treatment
  746  center must determine that the test results indicate that low
  747  THC cannabis meets the definition of low-THC cannabis, the
  748  concentration of tetrahydrocannabinol meets the potency
  749  requirements of this section, the labeling of the concentration
  750  of tetrahydrocannabinol and cannabidiol is accurate, and all
  751  marijuana is safe for human consumption and free from
  752  contaminants that are unsafe for human consumption. The
  753  department shall determine by rule which contaminants must be
  754  tested for and the maximum levels of each contaminant which are
  755  safe for human consumption. The Department of Agriculture and
  756  Consumer Services shall assist the department in developing the
  757  testing requirements for contaminants that are unsafe for human
  758  consumption in edibles. The department shall also determine by
  759  rule the procedures for the treatment of marijuana that fails to
  760  meet the testing requirements of this section, s. 381.988, or
  761  department rule. The department may select a random sample from
  762  edibles available for purchase in a dispensing facility that
  763  shall be tested by the department to determine that the edible
  764  meets the potency requirements of this section, is safe for
  765  human consumption, and the labeling of the tetrahydrocannabinol
  766  and cannabidiol concentration is accurate. A medical marijuana
  767  treatment center may not require payment from the department for
  768  the sample. A medical marijuana treatment center must recall
  769  edibles, including all edibles made from the same batch of
  770  marijuana, which fail to meet the potency requirements of this
  771  section, which are unsafe for human consumption, or for which
  772  the labeling of the tetrahydrocannabinol and cannabidiol
  773  concentration is inaccurate. The medical marijuana treatment
  774  center must retain records of all testing and samples of each
  775  homogenous batch of marijuana for at least 9 months. The medical
  776  marijuana treatment center must contract with a marijuana
  777  testing laboratory to perform audits on the medical marijuana
  778  treatment center’s standard operating procedures, testing
  779  records, and samples and provide the results to the department
  780  to confirm that the marijuana or low-THC cannabis meets the
  781  requirements of this section and that the marijuana or low-THC
  782  cannabis is safe for human consumption. A medical marijuana
  783  treatment center shall reserve two processed samples from each
  784  batch and retain such samples for at least 9 months for the
  785  purpose such audits. A medical marijuana treatment center may
  786  use a laboratory that has not been certified by the department
  787  under s. 381.988 until such time as at least one laboratory
  788  holds the required certification, but in no event later than
  789  July 1, 2018.
  790         d. Package the marijuana in compliance with the United
  791  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  792  1471 et seq.
  793         e. Package the marijuana in a receptacle that has a firmly
  794  affixed and legible label stating the following information:
  795         (I) The marijuana or low-THC cannabis meets the
  796  requirements of sub-subparagraph c.
  797         (II) The name of the medical marijuana treatment center
  798  from which the marijuana originates.
  799         (III) The batch number and harvest number from which the
  800  marijuana originates and the date dispensed.
  801         (IV) The name of the physician who issued the physician
  802  certification.
  803         (V) The name of the patient.
  804         (VI) The product name, if applicable, and dosage form,
  805  including concentration of tetrahydrocannabinol and cannabidiol.
  806  The product name may not contain wording commonly associated
  807  with products marketed by or to children.
  808         (VII) The recommended dose.
  809         (VIII) A warning that it is illegal to transfer medical
  810  marijuana to another person.
  811         (IX) A marijuana universal symbol developed by the
  812  department.
  813         9. The medical marijuana treatment center shall include in
  814  each package a patient package insert with information on the
  815  specific product dispensed related to:
  816         a. Clinical pharmacology.
  817         b. Indications and use.
  818         c. Dosage and administration.
  819         d. Dosage forms and strengths.
  820         e. Contraindications.
  821         f. Warnings and precautions.
  822         g. Adverse reactions.
  823         10. Each edible shall be individually sealed in plain,
  824  opaque wrapping marked only with the marijuana universal symbol.
  825  Where practical, each edible shall be marked with the marijuana
  826  universal symbol. In addition to the packaging and labeling
  827  requirements in subparagraphs 8. and 9., edible receptacles must
  828  be plain, opaque, and white without depictions of the product or
  829  images other than the medical marijuana treatment center’s
  830  department-approved logo and the marijuana universal symbol. The
  831  receptacle must also include a list all of the edible’s
  832  ingredients, storage instructions, an expiration date, a legible
  833  and prominent warning to keep away from children and pets, and a
  834  warning that the edible has not been produced or inspected
  835  pursuant to federal food safety laws.
  836         11. A medical marijuana treatment center may not establish
  837  or operate more than five dispensing facilities, unless the
  838  medical marijuana use registry reaches a total of 75,000 active
  839  registered qualified patients, and then, upon each further
  840  instance of the total active registered qualified patients
  841  increasing by 75,000, each medical marijuana treatment center
  842  licensed by the department at that time may establish and
  843  operate one additional dispensing facility. When dispensing
  844  marijuana or a marijuana delivery device, a medical marijuana
  845  treatment center:
  846         a. May dispense any active, valid order for low-THC
  847  cannabis, medical cannabis and cannabis delivery devices issued
  848  pursuant to former s. 381.986, Florida Statutes 2016, which was
  849  entered into the medical marijuana use registry before July 1,
  850  2017.
  851         b. May not dispense more than a 70-day supply of marijuana
  852  to a qualified patient or caregiver.
  853         c. Must have the medical marijuana treatment center’s
  854  employee who dispenses the marijuana or a marijuana delivery
  855  device enter into the medical marijuana use registry his or her
  856  name or unique employee identifier.
  857         d. Must verify that the qualified patient and the
  858  caregiver, if applicable, each has an active registration in the
  859  medical marijuana use registry and an active and valid medical
  860  marijuana use registry identification card, the amount and type
  861  of marijuana dispensed matches the physician’s certification in
  862  the medical marijuana use registry for that qualified patient,
  863  and the physician certification has not already been filled.
  864         e. May not dispense marijuana to a qualified patient who is
  865  younger than 18 years of age. If the qualified patient is
  866  younger than 18 years of age, marijuana may only be dispensed to
  867  the qualified patient’s caregiver.
  868         f. May not dispense or sell any other type of cannabis,
  869  alcohol, or illicit drug-related product, including pipes,
  870  bongs, or wrapping papers, other than a marijuana delivery
  871  device required for the medical use of marijuana and which is
  872  specified in a physician certification.
  873         g. Must, upon dispensing the marijuana or marijuana
  874  delivery device, record in the registry the date, time,
  875  quantity, and form of marijuana dispensed; the type of marijuana
  876  delivery device dispensed; and the name and medical marijuana
  877  use registry identification number of the qualified patient or
  878  caregiver to whom the marijuana delivery device was dispensed.
  879         h. Must ensure that patient records are not visible to
  880  anyone other than the qualified patient, his or her caregiver,
  881  and authorized medical marijuana treatment center employees.
  882         (f) To ensure the safety and security of premises where the
  883  cultivation, processing, storing, or dispensing of marijuana
  884  occurs, and to maintain adequate controls against the diversion,
  885  theft, and loss of marijuana or marijuana delivery devices, a
  886  medical marijuana treatment center shall:
  887         1.a. Maintain a fully operational security alarm system
  888  that secures all entry points and perimeter windows and is
  889  equipped with motion detectors; pressure switches; and duress,
  890  panic, and hold-up alarms; and
  891         b. Maintain a video surveillance system that records
  892  continuously 24 hours a day and meets the following criteria:
  893         (I) Cameras are fixed in a place that allows for the clear
  894  identification of persons and activities in controlled areas of
  895  the premises. Controlled areas include grow rooms, processing
  896  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  897  rooms.
  898         (II) Cameras are fixed in entrances and exits to the
  899  premises, which shall record from both indoor and outdoor, or
  900  ingress and egress, vantage points.
  901         (III) Recorded images must clearly and accurately display
  902  the time and date.
  903         (IV) Retain video surveillance recordings for at least 45
  904  days or longer upon the request of a law enforcement agency.
  905         2. Ensure that the medical marijuana treatment center’s
  906  outdoor premises have sufficient lighting from dusk until dawn.
  907         3. Ensure that the indoor premises where dispensing occurs
  908  includes a waiting area with sufficient space and seating to
  909  accommodate qualified patients and caregivers and at least one
  910  private consultation area that is isolated from the waiting area
  911  and area where dispensing occurs. A medical marijuana treatment
  912  center may not display products or dispense marijuana or
  913  marijuana delivery devices in the waiting area.
  914         4. Not dispense from its premises marijuana or a marijuana
  915  delivery device between the hours of 9 p.m. and 7 a.m., but may
  916  perform all other operations and deliver marijuana to qualified
  917  patients 24 hours a day.
  918         5. Store marijuana in a secured, locked room or a vault.
  919         6. Require at least two of its employees, or two employees
  920  of a security agency with whom it contracts, to be on the
  921  premises at all times where cultivation, processing, or storing
  922  of marijuana occurs.
  923         7. Require each employee or contractor to wear a photo
  924  identification badge at all times while on the premises.
  925         8. Require each visitor to wear a visitor pass at all times
  926  while on the premises.
  927         9. Implement an alcohol and drug-free workplace policy.
  928         10. Report to local law enforcement within 24 hours after
  929  the medical marijuana treatment center is notified or becomes
  930  aware of the theft, diversion, or loss of marijuana.
  931         (g) To ensure the safe transport of marijuana and marijuana
  932  delivery devices to medical marijuana treatment centers,
  933  marijuana testing laboratories, or qualified patients, a medical
  934  marijuana treatment center must:
  935         1. Maintain a marijuana transportation manifest in any
  936  vehicle transporting marijuana. The marijuana transportation
  937  manifest must be generated from a medical marijuana treatment
  938  center’s seed-to-sale tracking system and include the:
  939         a. Departure date and approximate time of departure.
  940         b. Name, location address, and license number of the
  941  originating medical marijuana treatment center.
  942         c. Name and address of the recipient of the delivery.
  943         d. Quantity and form of any marijuana or marijuana delivery
  944  device being transported.
  945         e. Arrival date and estimated time of arrival.
  946         f. Delivery vehicle make and model and license plate
  947  number.
  948         g. Name and signature of the medical marijuana treatment
  949  center employees delivering the product.
  950         (I) A copy of the marijuana transportation manifest must be
  951  provided to each individual, medical marijuana treatment center,
  952  or marijuana testing laboratory that receives a delivery. The
  953  individual, or a representative of the center or laboratory,
  954  must sign a copy of the marijuana transportation manifest
  955  acknowledging receipt.
  956         (II) An individual transporting marijuana or a marijuana
  957  delivery device must present a copy of the relevant marijuana
  958  transportation manifest and his or her employee identification
  959  card to a law enforcement officer upon request.
  960         (III) Medical marijuana treatment centers and marijuana
  961  testing laboratories must retain copies of all marijuana
  962  transportation manifests for at least 3 years.
  963         2. Ensure only vehicles in good working order are used to
  964  transport marijuana.
  965         3. Lock marijuana and marijuana delivery devices in a
  966  separate compartment or container within the vehicle.
  967         4. Require employees to have possession of their employee
  968  identification cards at all times when transporting marijuana or
  969  marijuana delivery devices.
  970         5. Require at least two persons to be in a vehicle
  971  transporting marijuana or marijuana delivery devices, and
  972  require at least one person to remain in the vehicle while the
  973  marijuana or marijuana delivery device is being delivered.
  974         6. Provide specific safety and security training to
  975  employees transporting or delivering marijuana and marijuana
  976  delivery devices.
  977         (h) A medical marijuana treatment center may not engage in
  978  advertising that is visible to members of the public from any
  979  street, sidewalk, park, or other public place, except:
  980         1. The dispensing location of a medical marijuana treatment
  981  center may have a sign that is affixed to the outside or hanging
  982  in the window of the premises which identifies the dispensary by
  983  the licensee’s business name, a department-approved trade name,
  984  or a department-approved logo. A medical marijuana treatment
  985  center’s trade name and logo may not contain wording or images
  986  commonly associated with marketing targeted toward children or
  987  which promote recreational use of marijuana.
  988         2. A medical marijuana treatment center may engage in
  989  Internet advertising and marketing under the following
  990  conditions:
  991         a. All advertisements must be approved by the department.
  992         b. An advertisement may not have any content that
  993  specifically targets individuals under the age of 18, including
  994  cartoon characters or similar images.
  995         c. An advertisement may not be an unsolicited pop-up
  996  advertisement.
  997         d. Opt-in marketing must include an easy and permanent opt
  998  out feature.
  999         (i) Each medical marijuana treatment center that dispenses
 1000  marijuana and marijuana delivery devices shall make available to
 1001  the public on its website:
 1002         1. Each marijuana and low-THC product available for
 1003  purchase, including the form, strain of marijuana from which it
 1004  was extracted, cannabidiol content, tetrahydrocannabinol
 1005  content, dose unit, total number of doses available, and the
 1006  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1007         2. The price for a 30-day, 50-day, and 70-day supply at a
 1008  standard dose for each marijuana and low-THC product available
 1009  for purchase.
 1010         3. The price for each marijuana delivery device available
 1011  for purchase.
 1012         4. If applicable, any discount policies and eligibility
 1013  criteria for such discounts.
 1014         (j) Medical marijuana treatment centers are the sole source
 1015  from which a qualified patient may legally obtain marijuana.
 1016         (k) The department may adopt rules pursuant to ss.
 1017  120.536(1) and 120.54 to implement this subsection.
 1018         (9) BACKGROUND SCREENING.—An individual required to undergo
 1019  a background screening pursuant to this section must pass a
 1020  level 2 background screening as provided under chapter 435,
 1021  which, in addition to the disqualifying offenses provided in s.
 1022  435.04, shall exclude an individual who has an arrest awaiting
 1023  final disposition for, has been found guilty of, regardless of
 1024  adjudication, or has entered a plea of nolo contendere or guilty
 1025  to, an offense under chapter 837, chapter 895, or chapter 896 or
 1026  similar law of another jurisdiction.
 1027         (a) Such individual must submit a full set of fingerprints
 1028  to the department or to a vendor, entity, or agency authorized
 1029  by s. 943.053(13). The department, vendor, entity, or agency
 1030  shall forward the fingerprints to the Department of Law
 1031  Enforcement for state processing, and the Department of Law
 1032  Enforcement shall forward the fingerprints to the Federal Bureau
 1033  of Investigation for national processing.
 1034         (b) Fees for state and federal fingerprint processing and
 1035  retention shall be borne by the individual. The state cost for
 1036  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1037  for records provided to persons or entities other than those
 1038  specified as exceptions therein.
 1039         (c) Fingerprints submitted to the Department of Law
 1040  Enforcement pursuant to this subsection shall be retained by the
 1041  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1042  (h) and, when the Department of Law Enforcement begins
 1043  participation in the program, enrolled in the Federal Bureau of
 1044  Investigation’s national retained print arrest notification
 1045  program. Any arrest record identified shall be reported to the
 1046  department.
 1047         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1048  ADMINISTRATIVE ACTIONS.—
 1049         (a) The department shall conduct announced or unannounced
 1050  inspections of medical marijuana treatment centers to determine
 1051  compliance with this section or rules adopted pursuant to this
 1052  section.
 1053         (b) The department shall inspect a medical marijuana
 1054  treatment center upon receiving a complaint or notice that the
 1055  medical marijuana treatment center has dispensed marijuana
 1056  containing mold, bacteria, or other contaminant that may cause
 1057  or has caused an adverse effect to human health or the
 1058  environment.
 1059         (c) The department shall conduct at least a biennial
 1060  inspection of each medical marijuana treatment center to
 1061  evaluate the medical marijuana treatment center’s records,
 1062  personnel, equipment, processes, security measures, sanitation
 1063  practices, and quality assurance practices.
 1064         (d) The Department of Agriculture and Consumer Services and
 1065  the department shall enter into an interagency agreement to
 1066  ensure cooperation and coordination in the performance of their
 1067  obligations under this section and their respective regulatory
 1068  and authorizing laws. The department, the Department of Highway
 1069  Safety and Motor Vehicles, and the Department of Law Enforcement
 1070  may enter into interagency agreements for the purposes specified
 1071  in this subsection or subsection (7).
 1072         (e) The department shall publish a list of all approved
 1073  medical marijuana treatment centers, medical directors, and
 1074  qualified physicians on its website.
 1075         (f) The department may impose reasonable fines not to
 1076  exceed $10,000 on a medical marijuana treatment center for any
 1077  of the following violations:
 1078         1. Violating this section or department rule.
 1079         2. Failing to maintain qualifications for approval.
 1080         3. Endangering the health, safety, or security of a
 1081  qualified patient.
 1082         4. Improperly disclosing personal and confidential
 1083  information of a qualified patient.
 1084         5. Attempting to procure medical marijuana treatment center
 1085  approval by bribery, fraudulent misrepresentation, or extortion.
 1086         6. Being convicted or found guilty of, or entering a plea
 1087  of guilty or nolo contendere to, regardless of adjudication, a
 1088  crime in any jurisdiction which directly relates to the business
 1089  of a medical marijuana treatment center.
 1090         7. Making or filing a report or record that the medical
 1091  marijuana treatment center knows to be false.
 1092         8. Willfully failing to maintain a record required by this
 1093  section or department rule.
 1094         9. Willfully impeding or obstructing an employee or agent
 1095  of the department in the furtherance of his or her official
 1096  duties.
 1097         10. Engaging in fraud or deceit, negligence, incompetence,
 1098  or misconduct in the business practices of a medical marijuana
 1099  treatment center.
 1100         11. Making misleading, deceptive, or fraudulent
 1101  representations in or related to the business practices of a
 1102  medical marijuana treatment center.
 1103         12. Having a license or the authority to engage in any
 1104  regulated profession, occupation, or business that is related to
 1105  the business practices of a medical marijuana treatment center
 1106  suspended, revoked, or otherwise acted against by the licensing
 1107  authority of any jurisdiction, including its agencies or
 1108  subdivisions, for a violation of Florida law.
 1109         13. Violating a lawful order of the department or an agency
 1110  of the state, or failing to comply with a lawfully issued
 1111  subpoena of the department or an agency of the state.
 1112         (g) The department may suspend, revoke, or refuse to renew
 1113  a medical marijuana treatment center license if the medical
 1114  marijuana treatment center commits any of the violations in
 1115  paragraph (f).
 1116         (h) The department may adopt rules pursuant to ss.
 1117  120.536(1) and 120.54 to implement this subsection.
 1118         (11) PREEMPTION.—Regulation of cultivation, processing, and
 1119  delivery of marijuana by medical marijuana treatment centers is
 1120  preempted to the state except as provided in this subsection.
 1121         (a) A medical marijuana treatment center cultivating or
 1122  processing facility may not be located within 500 feet of the
 1123  real property that comprises a public or private elementary
 1124  school, middle school, or secondary school.
 1125         (b) A municipality may determine by ordinance the criteria
 1126  for the number and location of, and other permitting
 1127  requirements that do not conflict with state law or department
 1128  rule for, medical marijuana treatment center dispensing
 1129  facilities located within the boundaries of the municipality. A
 1130  county may determine by ordinance the criteria for the number
 1131  and location of, and other permitting requirements that do not
 1132  conflict with state law or department rule for, all such
 1133  dispensing facilities located within the unincorporated areas of
 1134  that county. Except as provided in paragraph (c), a county or
 1135  municipality may not enact ordinances for permitting or for
 1136  determining the location of dispensing facilities which are more
 1137  restrictive than that its ordinances permitting or determining
 1138  the locations for pharmacies licensed under chapter 465. A
 1139  municipality or county may not charge a medical marijuana
 1140  treatment center a license or permit fee in an amount greater
 1141  than the fee charged by such municipality or county to
 1142  pharmacies. A dispensing facility location approved by a
 1143  municipality or county pursuant to former s. 381.986(8)(b),
 1144  Florida Statutes 2016, is not subject to the location
 1145  requirements of this subsection.
 1146         (c) A medical marijuana treatment center dispensing
 1147  facility may not be located within 500 feet of the real property
 1148  that comprises a public or private elementary school, middle
 1149  school, or secondary school unless the county or municipality
 1150  approves the location through a formal proceeding open to the
 1151  public at which the county or municipality determines that the
 1152  location promotes the public health, safety, and general welfare
 1153  of the community.
 1154         (d) This subsection does not prohibit any local
 1155  jurisdiction from ensuring medical marijuana treatment center
 1156  facilities comply with the Florida Building Code, the Florida
 1157  Fire Prevention Code, or any local amendments to the Florida
 1158  Building Code or the Florida Fire Prevention Code.
 1159         (12) PENALTIES.—
 1160         (a) A qualified physician commits a misdemeanor of the
 1161  first degree, punishable as provided in s. 775.082 or s.
 1162  775.083, if the qualified physician issues a physician
 1163  certification for the medical use of marijuana to a patient
 1164  without a reasonable belief that the patient is suffering from a
 1165  qualifying medical condition.
 1166         (b) A person who fraudulently represents that he or she has
 1167  a qualifying medical condition to a qualified physician for the
 1168  purpose of being issued a physician certification commits a
 1169  misdemeanor of the first degree, punishable as provided in s.
 1170  775.082 or s. 775.083.
 1171         (c) A qualified patient who uses marijuana, not including
 1172  low-THC cannabis, or a caregiver who administers marijuana, not
 1173  including low-THC cannabis, in plain view of or in a place open
 1174  to the general public; in a school bus, a vehicle, an aircraft,
 1175  or a boat; or on the grounds of a school except as provided in
 1176  s. 1006.062, commits a misdemeanor of the first degree,
 1177  punishable as provided in s. 775.082 or s. 775.083.
 1178         (d) A qualified patient or caregiver who cultivates
 1179  marijuana or who purchases or acquires marijuana from any person
 1180  or entity other than a medical marijuana treatment center
 1181  violates s. 893.13 and is subject to the penalties provided
 1182  therein.
 1183         (e)1. A qualified patient or caregiver in possession of
 1184  marijuana or a marijuana delivery device who fails or refuses to
 1185  present his or her marijuana use registry identification card
 1186  upon the request of a law enforcement officer commits a
 1187  misdemeanor of the second degree, punishable as provided in s.
 1188  775.082 or s. 775.083, unless it can be determined through the
 1189  medical marijuana use registry that the person is authorized to
 1190  be in possession of that marijuana or marijuana delivery device.
 1191         2. A person charged with a violation of this paragraph may
 1192  not be convicted if, before or at the time of his or her court
 1193  or hearing appearance, the person produces in court or to the
 1194  clerk of the court in which the charge is pending a medical
 1195  marijuana use registry identification card issued to him or her
 1196  which is valid at the time of his or her arrest. The clerk of
 1197  the court is authorized to dismiss such case at any time before
 1198  the defendant’s appearance in court. The clerk of the court may
 1199  assess a fee of $5 for dismissing the case under this paragraph.
 1200         (f) A caregiver who violates any of the applicable
 1201  provisions of this section or applicable department rules, for
 1202  the first offense, commits a misdemeanor of the second degree,
 1203  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1204  second or subsequent offense, commits a misdemeanor of the first
 1205  degree, punishable as provided in s. 775.082 or s. 775.083.
 1206         (g) A qualified physician who issues a physician
 1207  certification for marijuana or a marijuana delivery device and
 1208  receives compensation from a medical marijuana treatment center
 1209  related to the issuance of a physician certification for
 1210  marijuana or a marijuana delivery device is subject to
 1211  disciplinary action under the applicable practice act and s.
 1212  456.072(1)(n).
 1213         (h) A person transporting marijuana or marijuana delivery
 1214  devices on behalf of a medical marijuana treatment center or
 1215  marijuana testing laboratory who fails or refuses to present a
 1216  transportation manifest upon the request of a law enforcement
 1217  officer commits a misdemeanor of the second degree, punishable
 1218  as provided in s. 775.082 or s. 775.083.
 1219         (i) Persons and entities conducting activities authorized
 1220  and governed by this section and s. 381.988 are subject to ss.
 1221  456.053, 456.054, and 817.505, as applicable.
 1222         (j) A person or entity that cultivates, processes,
 1223  distributes, sells, or dispenses marijuana, as defined in s.
 1224  29(b)(4), Art. X of the State Constitution, and is not licensed
 1225  as a medical marijuana treatment center violates s. 893.13 and
 1226  is subject to the penalties provided therein.
 1227         (13) UNLICENSED ACTIVITY.—
 1228         (a) If the department has probable cause to believe that a
 1229  person or entity that is not registered or licensed with the
 1230  department has violated this section, s. 381.988, or any rule
 1231  adopted pursuant to this section, the department may issue and
 1232  deliver to such person or entity a notice to cease and desist
 1233  from such violation. The department also may issue and deliver a
 1234  notice to cease and desist to any person or entity who aids and
 1235  abets such unlicensed activity. The issuance of a notice to
 1236  cease and desist does not constitute agency action for which a
 1237  hearing under s. 120.569 or s. 120.57 may be sought. For the
 1238  purpose of enforcing a cease and desist order, the department
 1239  may file a proceeding in the name of the state seeking issuance
 1240  of an injunction or a writ of mandamus against any person or
 1241  entity who violates any such order.
 1242         (b) In addition to the remedies under paragraph (a), the
 1243  department may impose by citation an administrative penalty not
 1244  to exceed $5,000 per incident. The citation shall be issued to
 1245  the subject and shall contain the subject’s name and any other
 1246  information the department determines to be necessary to
 1247  identify the subject, a brief factual statement, the sections of
 1248  the law allegedly violated, and the penalty imposed. If the
 1249  subject does not dispute the matter in the citation with the
 1250  department within 30 days after the citation is served, the
 1251  citation shall become a final order of the department. The
 1252  department may adopt rules pursuant to ss. 120.536(1) and 120.54
 1253  to implement this section. Each day that the unlicensed activity
 1254  continues after issuance of a notice to cease and desist
 1255  constitutes a separate violation. The department shall be
 1256  entitled to recover the costs of investigation and prosecution
 1257  in addition to the fine levied pursuant to the citation. Service
 1258  of a citation may be made by personal service or by mail to the
 1259  subject at the subject’s last known address or place of
 1260  practice. If the department is required to seek enforcement of
 1261  the cease and desist or agency order, it shall be entitled to
 1262  collect attorney fees and costs.
 1263         (c) In addition to or in lieu of any other administrative
 1264  remedy, the department may seek the imposition of a civil
 1265  penalty through the circuit court for any violation for which
 1266  the department may issue a notice to cease and desist. The civil
 1267  penalty shall be no less than $5,000 and no more than $10,000
 1268  for each offense. The court may also award to the prevailing
 1269  party court costs and reasonable attorney fees and, in the event
 1270  the department prevails, may also award reasonable costs of
 1271  investigation and prosecution.
 1272         (d) In addition to the other remedies provided in this
 1273  section, the department or any state attorney may bring an
 1274  action for an injunction to restrain any unlicensed activity or
 1275  to enjoin the future operation or maintenance of the unlicensed
 1276  activity or the performance of any service in violation of this
 1277  section.
 1278         (e) The department must notify local law enforcement of
 1279  such unlicensed activity for a determination of any criminal
 1280  violation of chapter 893.
 1281         (14) EXCEPTIONS TO OTHER LAWS.—
 1282         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1283  any other provision of law, but subject to the requirements of
 1284  this section, a qualified patient and the qualified patient’s
 1285  caregiver may purchase from a medical marijuana treatment center
 1286  for the patient’s medical use a marijuana delivery device and up
 1287  to the amount of marijuana authorized in the physician
 1288  certification, but may not possess more than a 70-day supply of
 1289  marijuana at any given time and all marijuana purchased must
 1290  remain in its original packaging.
 1291         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1292  any other provision of law, but subject to the requirements of
 1293  this section, an approved medical marijuana treatment center and
 1294  its owners, managers, and employees may manufacture, possess,
 1295  sell, deliver, distribute, dispense, and lawfully dispose of
 1296  marijuana or a marijuana delivery device as provided in this
 1297  section, s. 381.988, and by department rule. For purposes of
 1298  this subsection, the terms “manufacture,” “possession,”
 1299  “deliver,” “distribute,” and “dispense” have the same meanings
 1300  as provided in s. 893.02.
 1301         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1302  any other provision of law, but subject to the requirements of
 1303  this section, a certified marijuana testing laboratory,
 1304  including an employee of a certified marijuana testing
 1305  laboratory acting within the scope of his or her employment, may
 1306  acquire, possess, test, transport, and lawfully dispose of
 1307  marijuana as provided in this section, in s. 381.988, and by
 1308  department rule.
 1309         (d) A licensed medical marijuana treatment center and its
 1310  owners, managers, and employees are not subject to licensure or
 1311  regulation under chapter 465 or chapter 499 for manufacturing,
 1312  possessing, selling, delivering, distributing, dispensing, or
 1313  lawfully disposing of marijuana or a marijuana delivery device,
 1314  as provided in this section, s. 381.988, and by department rule.
 1315         (e) This subsection does not exempt a person from
 1316  prosecution for a criminal offense related to impairment or
 1317  intoxication resulting from the medical use of marijuana or
 1318  relieve a person from any requirement under law to submit to a
 1319  breath, blood, urine, or other test to detect the presence of a
 1320  controlled substance.
 1321         (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1322  any other provision of law, but subject to the requirements of
 1323  this section and pursuant to policies and procedures established
 1324  pursuant to s. 1006.62(8), school personnel may possess
 1325  marijuana that is obtained for medical use pursuant to this
 1326  section by a student who is a qualified patient.
 1327         (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1328  any other provision of law, but subject to the requirements of
 1329  this section, a research institute established by a public
 1330  postsecondary educational institution, such as the H. Lee
 1331  Moffitt Cancer Center and Research Institute established under
 1332  s. 1004.43 or a state university that has achieved the
 1333  preeminent state research university designation under s.
 1334  1001.7065, may possess, test, transport, and lawfully dispose of
 1335  marijuana for research purposes as provided by this section.
 1336         (15) APPLICABILITY.—This section does not limit the ability
 1337  of an employer to establish, continue, or enforce a drug-free
 1338  workplace program or policy. This section does not require an
 1339  employer to accommodate the medical use of marijuana in any
 1340  workplace or any employee working while under the influence of
 1341  marijuana. This section does not create a cause of action
 1342  against an employer for wrongful discharge or discrimination.
 1343         Section 2. Paragraph (uu) is added to subsection (1) of
 1344  section 458.331, Florida Statutes, to read:
 1345         458.331 Grounds for disciplinary action; action by the
 1346  board and department.—
 1347         (1) The following acts constitute grounds for denial of a
 1348  license or disciplinary action, as specified in s. 456.072(2):
 1349         (uu) Issuing a physician certification, as defined in s.
 1350  381.986, in a manner out of compliance with the requirements of
 1351  that section and rules adopted thereunder.
 1352         Section 3. Paragraph (ww) is added to subsection (1) of
 1353  section 459.015, Florida Statutes, to read:
 1354         459.015 Grounds for disciplinary action; action by the
 1355  board and department.—
 1356         (1) The following acts constitute grounds for denial of a
 1357  license or disciplinary action, as specified in s. 456.072(2):
 1358         (ww) Issuing a physician certification, as defined in s.
 1359  381.986, in a manner not in compliance with the requirements of
 1360  that section and rules adopted thereunder.
 1361         Section 4. Section 381.988, Florida Statutes, is created to
 1362  read:
 1363         381.988 Medical marijuana testing laboratories; marijuana
 1364  tests conducted by a certified laboratory.—
 1365         (1) A person or entity seeking to be a certified marijuana
 1366  testing laboratory must:
 1367         (a) Not be owned or controlled by a medical marijuana
 1368  treatment center.
 1369         (b) Submit a completed application accompanied by an
 1370  application fee, as established by department rule.
 1371         (c) Submit proof of an accreditation or a certification
 1372  approved by the department issued by an accreditation or a
 1373  certification organization approved by the department. The
 1374  department shall adopt by rule a list of approved laboratory
 1375  accreditations or certifications and accreditation or
 1376  certification organizations.
 1377         (d) Require all owners and managers to submit to and pass a
 1378  level 2 background screening pursuant to s. 435.04 and shall
 1379  deny certification if the person or entity has been found guilty
 1380  of, or has entered a plea of guilty or nolo contendere to,
 1381  regardless of adjudication, any offense listed in chapter 837,
 1382  chapter 895, or chapter 896 or similar law of another
 1383  jurisdiction.
 1384         1. Such owners and managers must submit a full set of
 1385  fingerprints to the department or to a vendor, entity, or agency
 1386  authorized by s. 943.053(13). The department, vendor, entity, or
 1387  agency shall forward the fingerprints to the Department of Law
 1388  Enforcement for state processing, and the Department of Law
 1389  Enforcement shall forward the fingerprints to the Federal Bureau
 1390  of Investigation for national processing.
 1391         2. Fees for state and federal fingerprint processing and
 1392  retention shall be borne by such owners or managers. The state
 1393  cost for fingerprint processing shall be as provided in s.
 1394  943.053(3)(e) for records provided to persons or entities other
 1395  than those specified as exceptions therein.
 1396         3. Fingerprints submitted to the Department of Law
 1397  Enforcement pursuant to this paragraph shall be retained by the
 1398  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1399  (h) and, when the Department of Law Enforcement begins
 1400  participation in the program, enrolled in the Federal Bureau of
 1401  Investigation’s national retained print arrest notification
 1402  program. Any arrest record identified shall be reported to the
 1403  department.
 1404         (e) Demonstrate to the department the capability of meeting
 1405  the standards for certification required by this subsection, and
 1406  the testing requirements of s. 381.986 and this section and
 1407  rules adopted thereunder.
 1408         (2) The department shall adopt rules pursuant to ss.
 1409  120.536(1) and 120.54 establishing a procedure for initial
 1410  certification and biennial renewal, including initial
 1411  application and biennial renewal fees sufficient to cover the
 1412  costs of administering this certification program. The
 1413  department shall renew the certification biennially if the
 1414  laboratory meets the requirements of this section and pays the
 1415  biennial renewal fee.
 1416         (3) The department shall adopt rules pursuant to ss.
 1417  120.536(1) and 120.54 establishing the standards for
 1418  certification of marijuana testing laboratories under this
 1419  section. The Department of Agriculture and Consumer Services and
 1420  the Department of Environmental Protection shall assist the
 1421  department in developing the rule, which must include, but is
 1422  not limited to:
 1423         (a) Security standards.
 1424         (b) Minimum standards for personnel.
 1425         (c) Sample collection method and process standards.
 1426         (d) Proficiency testing for tetrahydrocannabinol potency,
 1427  concentration of cannabidiol, and contaminants unsafe for human
 1428  consumption, as determined by department rule.
 1429         (e) Reporting content, format, and frequency.
 1430         (f) Audits and onsite inspections.
 1431         (g) Quality assurance.
 1432         (h) Equipment and methodology.
 1433         (i) Chain of custody.
 1434         (j) Any other standard the department deems necessary to
 1435  ensure the health and safety of the public.
 1436         (4) A marijuana testing laboratory may acquire marijuana
 1437  only from a medical marijuana treatment center. A marijuana
 1438  testing laboratory is prohibited from selling, distributing, or
 1439  transferring marijuana received from a marijuana treatment
 1440  center, except that a marijuana testing laboratory may transfer
 1441  a sample to another marijuana testing laboratory in this state.
 1442         (5) A marijuana testing laboratory must properly dispose of
 1443  all samples it receives, unless transferred to another marijuana
 1444  testing laboratory, after all necessary tests have been
 1445  conducted and any required period of storage has elapsed, as
 1446  established by department rule.
 1447         (6) A marijuana testing laboratory shall use the computer
 1448  software tracking system selected by the department under s.
 1449  381.986.
 1450         (7) The following acts constitute grounds for which
 1451  disciplinary action specified in subsection (8) may be taken
 1452  against a certified marijuana testing laboratory:
 1453         (a) Permitting unauthorized persons to perform technical
 1454  procedures or issue reports.
 1455         (b) Demonstrating incompetence or making consistent errors
 1456  in the performance of testing or erroneous reporting.
 1457         (c) Performing a test and rendering a report thereon to a
 1458  person or entity not authorized by law to receive such services.
 1459         (d) Failing to file any report required under this section
 1460  or s. 381.986 or the rules adopted thereunder.
 1461         (e) Reporting a test result if the test was not performed.
 1462         (f) Failing to correct deficiencies within the time
 1463  required by the department.
 1464         (g) Violating or aiding and abetting in the violation of
 1465  any provision of s. 381.986 or this section or any rules adopted
 1466  thereunder.
 1467         (8) The department may refuse to issue or renew, or may
 1468  suspend or revoke, the certification of a marijuana testing
 1469  laboratory that is found to be in violation of this section or
 1470  any rules adopted hereunder. The department may impose fines for
 1471  violations of this section or rules adopted thereunder, based on
 1472  a schedule adopted in rule. In determining the administrative
 1473  action to be imposed for a violation, the department must
 1474  consider the following factors:
 1475         (a) The severity of the violation, including the
 1476  probability of death or serious harm to the health or safety of
 1477  any person that may result or has resulted; the severity or
 1478  potential harm; and the extent to which the provisions of s.
 1479  381.986 or this section were violated.
 1480         (b) The actions taken by the marijuana testing laboratory
 1481  to correct the violation or to remedy the complaint.
 1482         (c) Any previous violation by the marijuana testing
 1483  laboratory.
 1484         (d) The financial benefit to the marijuana testing
 1485  laboratory of committing or continuing the violation.
 1486         (9) The department may adopt rules pursuant to ss.
 1487  120.536(1) and 120.54 to implement this section.
 1488         Section 5. Section 381.989, Florida Statutes, is created to
 1489  read:
 1490         381.989 Public education campaigns.—
 1491         (1) DEFINITIONS.—As used in this section, the term:
 1492         (a) “Cannabis” has the same meaning as in s. 893.02.
 1493         (b) “Department” means the Department of Health.
 1494         (c) “Marijuana” has the same meaning as in s. 381.986.
 1495         (2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT
 1496  USE PREVENTION CAMPAIGN.—
 1497         (a) The department shall implement a statewide cannabis and
 1498  marijuana education and illicit use prevention campaign to
 1499  publicize accurate information regarding:
 1500         1. The legal requirements for licit use and possession of
 1501  marijuana in this state.
 1502         2. Safe use of marijuana, including preventing access by
 1503  persons other than qualified patients as defined in s. 381.986,
 1504  particularly children.
 1505         3. The short-term and long-term health effects of cannabis
 1506  and marijuana use, particularly on minors and young adults.
 1507         4. Other cannabis-related and marijuana-related education
 1508  determined by the department to be necessary to the public
 1509  health and safety.
 1510         (b) The department shall provide educational materials
 1511  regarding the eligibility for medical use of marijuana by
 1512  individuals diagnosed with a terminal condition to individuals
 1513  that provide palliative care or hospice services.
 1514         (c) The department may use television messaging, radio
 1515  broadcasts, print media, digital strategies, social media, and
 1516  any other form of messaging deemed necessary and appropriate by
 1517  the department to implement the campaign. The department may
 1518  work with school districts, community organizations, and
 1519  businesses and business organizations and other entities to
 1520  provide training and programming.
 1521         (d) The department may contract with one or more vendors to
 1522  implement the campaign.
 1523         (e) The department shall contract with an independent
 1524  entity to conduct annual evaluations of the campaign. The
 1525  evaluations shall assess the reach and impact of the campaign,
 1526  success in educating the citizens of the state regarding the
 1527  legal parameters for marijuana use, success in preventing
 1528  illicit access by adults and youth, and success in preventing
 1529  negative health impacts from the legalization of marijuana. The
 1530  first year of the program, the evaluator shall conduct surveys
 1531  to establish baseline data on youth and adult cannabis use, the
 1532  attitudes of youth and the general public toward cannabis and
 1533  marijuana, and any other data deemed necessary for long-term
 1534  analysis. By January 31 of each year, the department shall
 1535  submit to the Governor, the President of the Senate, and the
 1536  Speaker of the House of Representatives the annual evaluation of
 1537  the campaign.
 1538         (3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.—
 1539         (a) The Department of Highway Safety and Motor Vehicles
 1540  shall implement a statewide impaired driving education campaign
 1541  to raise awareness and prevent marijuana-related and cannabis
 1542  related impaired driving and may contract with one or more
 1543  vendors to implement the campaign. The Department of Highway
 1544  Safety and Motor Vehicles may use television messaging, radio
 1545  broadcasts, print media, digital strategies, social media, and
 1546  any other form of messaging deemed necessary and appropriate by
 1547  the department to implement the campaign.
 1548         (b) At a minimum, the Department of Highway Safety and
 1549  Motor Vehicles or a contracted vendor shall establish baseline
 1550  data on the number of marijuana-related citations for driving
 1551  under the influence, marijuana-related traffic arrests,
 1552  marijuana-related traffic accidents, and marijuana-related
 1553  traffic fatalities, and shall track these measures annually
 1554  thereafter. The Department of Highway Safety and Motor Vehicles
 1555  or a contracted vendor shall annually evaluate and compile a
 1556  report on the efficacy of the campaign based on those measures
 1557  and other measures established by the Department of Highway
 1558  Safety and Motor Vehicles. By January 31 of each year, the
 1559  Department of Highway Safety and Motor Vehicles shall submit the
 1560  report on the evaluation of the campaign to the Governor, the
 1561  President of the Senate, and the Speaker of the House of
 1562  Representatives.
 1563         Section 6. Subsection (1) of section 385.211, Florida
 1564  Statutes, is amended to read:
 1565         385.211 Refractory and intractable epilepsy treatment and
 1566  research at recognized medical centers.—
 1567         (1) As used in this section, the term “low-THC cannabis”
 1568  means “low-THC cannabis” as defined in s. 381.986 that is
 1569  dispensed only from a dispensing organization as defined in
 1570  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1571  treatment center as defined in s. 381.986.
 1572         Section 7. Paragraphs (b) through (e) of subsection (2) of
 1573  section 499.0295, Florida Statutes, are redesignated as
 1574  paragraphs (a) through (d), respectively, and present paragraphs
 1575  (a) and (c) of that subsection, and subsection (3) of that
 1576  section are amended, to read:
 1577         499.0295 Experimental treatments for terminal conditions.—
 1578         (2) As used in this section, the term:
 1579         (a) “Dispensing organization” means an organization
 1580  approved by the Department of Health under s. 381.986(5) to
 1581  cultivate, process, transport, and dispense low-THC cannabis,
 1582  medical cannabis, and cannabis delivery devices.
 1583         (b)(c) “Investigational drug, biological product, or
 1584  device” means:
 1585         1. a drug, biological product, or device that has
 1586  successfully completed phase 1 of a clinical trial but has not
 1587  been approved for general use by the United States Food and Drug
 1588  Administration and remains under investigation in a clinical
 1589  trial approved by the United States Food and Drug
 1590  Administration; or
 1591         2. Medical cannabis that is manufactured and sold by a
 1592  dispensing organization.
 1593         (3) Upon the request of an eligible patient, a manufacturer
 1594  may, or upon a physician’s order pursuant to s. 381.986, a
 1595  dispensing organization may:
 1596         (a) Make its investigational drug, biological product, or
 1597  device available under this section.
 1598         (b) Provide an investigational drug, biological product, or
 1599  device, or cannabis delivery device as defined in s. 381.986 to
 1600  an eligible patient without receiving compensation.
 1601         (c) Require an eligible patient to pay the costs of, or the
 1602  costs associated with, the manufacture of the investigational
 1603  drug, biological product, or device, or cannabis delivery device
 1604  as defined in s. 381.986.
 1605         Section 8. Subsection (3) of section 893.02, Florida
 1606  Statutes, is amended to read:
 1607         893.02 Definitions.—The following words and phrases as used
 1608  in this chapter shall have the following meanings, unless the
 1609  context otherwise requires:
 1610         (3) “Cannabis” means all parts of any plant of the genus
 1611  Cannabis, whether growing or not; the seeds thereof; the resin
 1612  extracted from any part of the plant; and every compound,
 1613  manufacture, salt, derivative, mixture, or preparation of the
 1614  plant or its seeds or resin. The term does not include
 1615  “marijuana,” “low-THC cannabis,” as defined in s. 381.986, if
 1616  manufactured, possessed, sold, purchased, delivered,
 1617  distributed, or dispensed, in conformance with s. 381.986.
 1618         Section 9. Section 1004.4351, Florida Statutes, is created
 1619  to read:
 1620         1004.4351 Medical marijuana research and education.—
 1621         (1) SHORT TITLE.—This section shall be known and may be
 1622  cited as the “Medical Marijuana Research and Education Act.”
 1623         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
 1624         (a) The present state of knowledge concerning the use of
 1625  marijuana to alleviate pain and treat illnesses is limited
 1626  because permission to perform clinical studies on marijuana is
 1627  difficult to obtain, with access to research-grade marijuana so
 1628  restricted that little or no unbiased studies have been
 1629  performed.
 1630         (b) Under the State Constitution, marijuana is available
 1631  for the treatment of certain debilitating medical conditions.
 1632         (c) Additional clinical studies are needed to ensure that
 1633  the residents of this state obtain the correct dosing,
 1634  formulation, route, modality, frequency, quantity, and quality
 1635  of marijuana for specific illnesses.
 1636         (d) An effective medical marijuana research and education
 1637  program would mobilize the scientific, educational, and medical
 1638  resources that presently exist in this state to determine the
 1639  appropriate and best use of marijuana to treat illness.
 1640         (3) DEFINITIONS.—As used in this section, the term:
 1641         (a) “Board” means the Medical Marijuana Research and
 1642  Education Board.
 1643         (b) “Coalition” means the Coalition for Medical Marijuana
 1644  Research and Education.
 1645         (c) “Marijuana” has the same meaning as provided in s. 29,
 1646  Art. X of the State Constitution.
 1647         (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND
 1648  EDUCATION.—
 1649         (a) There is established within the H. Lee Moffitt Cancer
 1650  Center and Research Institute, Inc., the Coalition for Medical
 1651  Marijuana Research and Education. The purpose of the coalition
 1652  is to conduct rigorous scientific research, provide education,
 1653  disseminate research, and guide policy for the adoption of a
 1654  statewide policy on ordering and dosing practices for the
 1655  medical use of marijuana. The coalition shall be physically
 1656  located at the H. Lee Moffitt Cancer Center and Research
 1657  Institute, Inc.
 1658         (b) The Medical Marijuana Research and Education Board is
 1659  established to direct the operations of the coalition. The board
 1660  shall be composed of seven members appointed by the chief
 1661  executive officer of the H. Lee Moffitt Cancer Center and
 1662  Research Institute, Inc. Board members must have experience in a
 1663  variety of scientific and medical fields, including, but not
 1664  limited to, oncology, neurology, psychology, pediatrics,
 1665  nutrition, and addiction. Members shall be appointed to 4-year
 1666  terms and may be reappointed to serve additional terms. The
 1667  chair shall be elected by the board from among its members to
 1668  serve a 2-year term. The board shall meet no less than
 1669  semiannually at the call of the chair or, in his or her absence
 1670  or incapacity, the vice chair. Four members constitute a quorum.
 1671  A majority vote of the members present is required for all
 1672  actions of the board. The board may prescribe, amend, and repeal
 1673  a charter governing the manner in which it conducts its
 1674  business. A board member shall serve without compensation but is
 1675  entitled to be reimbursed for travel expenses by the coalition
 1676  or the organization he or she represents in accordance with s.
 1677  112.061.
 1678         (c) The coalition shall be administered by a coalition
 1679  director, who shall be appointed by and serve at the pleasure of
 1680  the board. The coalition director shall, subject to the approval
 1681  of the board:
 1682         1. Propose a budget for the coalition.
 1683         2. Foster the collaboration of scientists, researchers, and
 1684  other appropriate personnel in accordance with the coalition’s
 1685  charter.
 1686         3. Identify and prioritize the research to be conducted by
 1687  the coalition.
 1688         4. Prepare the Medical Marijuana Research and Education
 1689  Plan for submission to the board.
 1690         5. Apply for grants to obtain funding for research
 1691  conducted by the coalition.
 1692         6. Perform other duties as determined by the board.
 1693         (d) The board shall advise the Board of Governors, the
 1694  State Surgeon General, the Governor, and the Legislature with
 1695  respect to medical marijuana research and education in this
 1696  state. The board shall explore methods of implementing and
 1697  enforcing medical marijuana laws in relation to cancer control,
 1698  research, treatment, and education.
 1699         (e) The board shall annually adopt a plan for medical
 1700  marijuana research, known as the “Medical Marijuana Research and
 1701  Education Plan,” which must be in accordance with state law and
 1702  coordinate with existing programs in this state. The plan must
 1703  include recommendations for the coordination and integration of
 1704  medical, pharmacological, nursing, paramedical, community, and
 1705  other resources connected with the treatment of debilitating
 1706  medical conditions; research related to the treatment of such
 1707  medical conditions; and education.
 1708         (f) By February 15 of each year, the board shall issue a
 1709  report to the Governor, the President of the Senate, and the
 1710  Speaker of the House of Representatives on research projects,
 1711  community outreach initiatives, and future plans for the
 1712  coalition.
 1713         (g) Beginning January 15, 2018, and quarterly thereafter,
 1714  the Department of Health shall submit to the coalition a data
 1715  set that includes, for each patient registered in the medical
 1716  marijuana use registry, the patient’s qualifying medical
 1717  condition and the daily dose amount and forms of marijuana
 1718  certified for the patient.
 1719         (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
 1720  AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
 1721  and Research Institute, Inc., shall allocate staff and provide
 1722  information and assistance, as the coalition’s budget permits,
 1723  to assist the board in fulfilling its responsibilities.
 1724         Section 10. Subsection (1) of section 1004.441, Florida
 1725  Statutes, is amended to read:
 1726         1004.441 Refractory and intractable epilepsy treatment and
 1727  research.—
 1728         (1) As used in this section, the term “low-THC cannabis”
 1729  means “low-THC cannabis” as defined in s. 381.986 that is
 1730  dispensed only from a dispensing organization as defined in
 1731  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1732  treatment center as defined in s. 381.986.
 1733         Section 11. Subsection (8) is added to section 1006.062,
 1734  Florida Statutes, to read:
 1735         1006.062 Administration of medication and provision of
 1736  medical services by district school board personnel.—
 1737         (8) Each district school board shall adopt a policy and a
 1738  procedure for allowing a student who is a qualified patient, as
 1739  defined in s. 381.986, to use marijuana obtained pursuant to
 1740  that section. Such policy and procedure shall ensure access by
 1741  the qualified patient; identify how the marijuana will be
 1742  received, accounted for, and stored; and establish processes to
 1743  prevent access by other students and school personnel
 1744  unnecessary to the implementation of the policy.
 1745         Section 12. Department of Health; authority to adopt rules;
 1746  cause of action.—
 1747         (1) EMERGENCY RULEMAKING.—
 1748         (a) The Department of Health and the applicable boards
 1749  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1750  Statutes, and this section necessary to implement ss. 381.986
 1751  and 381.988, Florida Statutes. If an emergency rule adopted
 1752  under this section is held to be unconstitutional or an invalid
 1753  exercise of delegated legislative authority, and becomes void,
 1754  the department or the applicable boards may adopt an emergency
 1755  rule pursuant to this section to replace the rule that has
 1756  become void. If the emergency rule adopted to replace the void
 1757  emergency rule is also held to be unconstitutional or an invalid
 1758  exercise of delegated legislative authority and becomes void,
 1759  the department and the applicable boards must follow the
 1760  nonemergency rulemaking procedures of the Administrative
 1761  Procedures Act to replace the rule that has become void.
 1762         (b) For emergency rules adopted under this section, the
 1763  department and the applicable boards need not make the findings
 1764  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1765  adopted under this section are exempt from ss. 120.54(3)(b) and
 1766  120.541, Florida Statutes. The department and the applicable
 1767  boards shall meet the procedural requirements in s. 120.54(a),
 1768  Florida Statutes, if the department or the applicable boards
 1769  have, prior to the effective date of this act, held any public
 1770  workshops or hearings on the subject matter of the emergency
 1771  rules adopted under this subsection. Challenges to emergency
 1772  rules adopted under this subsection shall be subject to the time
 1773  schedules provided in s. 120.56(5), Florida Statutes.
 1774         (c) Emergency rules adopted under this section are exempt
 1775  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1776  effect until replaced by rules adopted under the nonemergency
 1777  rulemaking procedures of the Administrative Procedures Act. By
 1778  January 1, 2018, the department and the applicable boards shall
 1779  initiate nonemergency rulemaking pursuant to the Administrative
 1780  Procedures Act to replace all emergency rules adopted under this
 1781  section by publishing a notice of rule development in the
 1782  Florida Administrative Register. Except as provided in paragraph
 1783  (a), after January 1, 2018, the department and applicable boards
 1784  may not adopt rules pursuant to the emergency rulemaking
 1785  procedures provided in this section.
 1786         (2) CAUSE OF ACTION.—
 1787         (a) As used in s. 29(d)(3), Art. X of the State
 1788  Constitution, the term:
 1789         1. “Issue regulations” means the filing by the department
 1790  of a rule or emergency rule for adoption with the Department of
 1791  State.
 1792         2. “Judicial relief” means an action for declaratory
 1793  judgment pursuant to chapter 86, Florida Statutes.
 1794         (b) The venue for actions brought against the department
 1795  pursuant to s. 29(d)(3), Art. X of the State Constitution shall
 1796  be in the circuit court in and for Leon County.
 1797         (c) If the department is not issuing patient and caregiver
 1798  identification cards or licensing medical marijuana treatment
 1799  centers by October 3, 2017, the following shall be a defense to
 1800  a cause of action brought under s. 29(d)(3), Art. X of the State
 1801  Constitution:
 1802         1. The department is unable to issue patient and caregiver
 1803  identification cards or license medical marijuana treatment
 1804  centers due to litigation challenging a rule as an invalid
 1805  exercise of delegated legislative authority or unconstitutional.
 1806         2. The department is unable to issue patient or caregiver
 1807  identification cards or license medical marijuana treatment
 1808  centers due to a rule being held as an invalid exercise of
 1809  delegated legislative authority or unconstitutional.
 1810         Section 13. Department of Law Enforcement; training related
 1811  to medical use of marijuana.—The Department of Law Enforcement
 1812  shall develop a 4-hour online initial training course, and a 2
 1813  hour online continuing education course, which shall be made
 1814  available for use by all law enforcement agencies in this state.
 1815  Such training shall cover the legal parameters of marijuana
 1816  related activities governed by ss. 381.986 and 381.988, Florida
 1817  Statutes, relating to criminal laws governing marijuana.
 1818         Section 14. Section 385.212, Florida Statutes, is amended
 1819  to read:
 1820         385.212 Powers and duties of the Department of Health;
 1821  Office of Medical Marijuana Compassionate Use.—
 1822         (1) The Department of Health shall establish an Office of
 1823  Medical Marijuana Compassionate Use under the direction of the
 1824  Deputy State Health Officer.
 1825         (2) The Office of Medical Marijuana Compassionate Use may
 1826  enhance access to investigational new drugs for Florida patients
 1827  through approved clinical treatment plans or studies. The Office
 1828  of Medical Marijuana Compassionate Use may:
 1829         (a) Create a network of state universities and medical
 1830  centers recognized pursuant to s. 381.925.
 1831         (b) Make any necessary application to the United States
 1832  Food and Drug Administration or a pharmaceutical manufacturer to
 1833  facilitate enhanced access to medical compassionate use of
 1834  marijuana for Florida patients.
 1835         (c) Enter into any agreements necessary to facilitate
 1836  enhanced access to medical compassionate use of marijuana for
 1837  Florida patients.
 1838         (3) The department may adopt rules necessary to implement
 1839  this section.
 1840         (4) The Office of Medical Marijuana Use shall administer
 1841  and enforce the provisions of s. 381.986.
 1842         Section 15. This act shall take effect upon becoming a law.
 1843  
 1844  ================= T I T L E  A M E N D M E N T ================
 1845  And the title is amended as follows:
 1846         Delete everything before the enacting clause
 1847  and insert:
 1848                        A bill to be entitled                      
 1849         An act relating to medical use of marijuana; amending
 1850         s. 381.986, F.S.; providing, revising, and deleting
 1851         definitions; providing qualifying medical conditions
 1852         for a patient to be eligible to receive marijuana or a
 1853         marijuana delivery device; providing requirements for
 1854         designating a qualified physician or medical director;
 1855         providing criteria for certification of a patient for
 1856         medical marijuana treatment by a qualified physician;
 1857         providing for certain patients registered with the
 1858         medical marijuana use registry to be deemed qualified;
 1859         requiring the Department of Health to monitor
 1860         physician registration and certifications in the
 1861         medical marijuana use registry; requiring the Board of
 1862         Medicine and the Board of Osteopathic Medicine to
 1863         create a physician certification pattern review panel;
 1864         providing rulemaking authority to the department and
 1865         the boards; requiring the department to establish a
 1866         medical marijuana use registry; specifying entities
 1867         and persons who have access to the registry; providing
 1868         requirements for registration of, and maintenance of
 1869         registered status by, qualified patients and
 1870         caregivers; providing criteria for nonresidents to
 1871         prove residency for registration as a qualified
 1872         patient; defining the term “seasonal resident”;
 1873         authorizing the department to suspend or revoke the
 1874         registration of a patient or caregiver under certain
 1875         circumstances; providing requirements for the issuance
 1876         of medical marijuana use registry identification
 1877         cards; requiring the department to issue licenses to a
 1878         certain number of medical marijuana treatment centers;
 1879         providing for license renewal and revocation;
 1880         providing conditions for change of ownership;
 1881         providing for continuance of certain entities
 1882         authorized to dispense low-THC cannabis, medical
 1883         cannabis, and cannabis delivery devices; requiring a
 1884         medical marijuana treatment center to comply with
 1885         certain standards in the production and distribution
 1886         of edibles; requiring the department to establish,
 1887         maintain, and control a computer software seed-to-sale
 1888         marijuana tracking system; requiring background
 1889         screening of owners, officers, board members, and
 1890         managers of medical marijuana treatment centers;
 1891         requiring the department to establish protocols and
 1892         procedures for operation, conduct periodic
 1893         inspections, and restrict location of medical
 1894         marijuana treatment centers; providing a limit on
 1895         county and municipal permit fees; authorizing counties
 1896         and municipalities to determine the location of
 1897         medical marijuana treatment centers by ordinance under
 1898         certain conditions; providing penalties; authorizing
 1899         the department to impose sanctions on persons or
 1900         entities engaging in unlicensed activities; providing
 1901         that a person is not exempt from prosecution for
 1902         certain offenses and is not relieved from certain
 1903         requirements of law under certain circumstances;
 1904         providing for certain school personnel to possess
 1905         marijuana pursuant to certain established policies and
 1906         procedures; providing that certain research
 1907         institutions may possess, test, transport, and dispose
 1908         of marijuana subject to certain conditions; providing
 1909         applicability with respect to employer-instituted
 1910         drug-free workplace programs; amending ss. 458.331 and
 1911         459.015, F.S.; providing additional acts by a
 1912         physician or an osteopathic physician which constitute
 1913         grounds for denial of a license or disciplinary action
 1914         to which penalties apply; creating s. 381.988, F.S.;
 1915         providing for the establishment of medical marijuana
 1916         testing laboratories; requiring the Department of
 1917         Health, in collaboration with the Department of
 1918         Agriculture and Consumer Services and the Department
 1919         of Environmental Protection, to develop certification
 1920         standards and rules; providing limitations on the
 1921         acquisition and distribution of marijuana by a testing
 1922         laboratory; providing an exception for transfer of
 1923         marijuana under certain conditions; requiring a
 1924         testing laboratory to use a department-selected
 1925         computer tracking system; providing grounds for
 1926         disciplinary and administrative action; authorizing
 1927         the department to refuse to issue or renew, or suspend
 1928         or revoke, a testing laboratory license; creating s.
 1929         381.989, F.S.; defining terms; directing the
 1930         department and the Department of Highway Safety and
 1931         Motor Vehicles to institute public education campaigns
 1932         relating to cannabis and marijuana and impaired
 1933         driving; requiring evaluations of public education
 1934         campaigns; authorizing the department and the
 1935         Department of Highway Safety and Motor Vehicles to
 1936         contract with vendors to implement and evaluate the
 1937         campaigns; amending ss. 385.211, 499.0295, and 893.02,
 1938         F.S.; conforming provisions to changes made by the
 1939         act; creating s. 1004.4351, F.S.; providing a short
 1940         title; providing legislative findings; defining terms;
 1941         establishing the Coalition for Medical Marijuana
 1942         Research and Education within the H. Lee Moffitt
 1943         Cancer Center and Research Institute, Inc.; providing
 1944         a purpose for the coalition; establishing the Medical
 1945         Marijuana Research and Education Board to direct the
 1946         operations of the coalition; providing for the
 1947         appointment of board members; providing for terms of
 1948         office, reimbursement for certain expenses, and
 1949         meetings of the board; authorizing the board to
 1950         appoint a coalition director; prescribing the duties
 1951         of the coalition director; requiring the board to
 1952         advise specified entities and officials regarding
 1953         medical marijuana research and education in this
 1954         state; requiring the board to annually adopt a Medical
 1955         Marijuana Research and Education Plan; providing
 1956         requirements for the plan; requiring the board to
 1957         issue an annual report to the Governor and the
 1958         Legislature by a specified date; requiring the
 1959         Department of Health to submit reports to the board
 1960         containing specified data; specifying responsibilities
 1961         of the H. Lee Moffitt Cancer Center and Research
 1962         Institute, Inc.; amending s. 1004.441, F.S.; revising
 1963         a definition; amending s. 1006.062, F.S.; requiring
 1964         district school boards to adopt policies and
 1965         procedures for access to medical marijuana by
 1966         qualified patients who are students; providing
 1967         emergency rulemaking authority; providing for venue
 1968         for a cause of action against the department;
 1969         providing for defense against certain causes of
 1970         action; directing the Department of Law Enforcement to
 1971         develop training for law enforcement officers and
 1972         agencies; amending s. 385.212, F.S.; renaming the
 1973         department’s Office of Compassionate Use; providing an
 1974         effective date.