Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1397, 2nd Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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               Floor: 3a/RE/2R         .                                
             05/04/2017 09:23 PM       .                                
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       Senator Galvano moved the following:
       
    1         Senate Amendment to Amendment (709986) 
    2  
    3         Delete lines 532 - 682
    4  and insert:
    5         a.One applicant that was a qualified dispensing
    6  organization applicant under former s. 381.986, Florida Statutes
    7  2014; was the highest scoring applicant that was not awarded a
    8  license; and provides documentation to the department that it
    9  has the existing infrastructure and technical and technological
   10  ability to begin cultivating, processing, and dispensing
   11  marijuana within 30 days after registration as a medical
   12  marijuana treatment center.
   13         b. Any applicant that was a qualified dispensing
   14  organization applicant under former s. 381.986, Florida Statutes
   15  2014; was the highest scoring applicant in its region that was
   16  not licensed as a dispensing organization under former s.
   17  381.986, Florida Statutes 2014; had a final rank that was within
   18  0.5 points of the highest scoring applicant in its region; and
   19  provides documentation to the department that it has the
   20  existing infrastructure and technical and technological ability
   21  to begin cultivating, processing, and dispensing marijuana
   22  within 30 days after registration as a medical marijuana
   23  treatment center.
   24         c.One applicant that is a recognized class member of
   25  Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black
   26  Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011); is a member of
   27  the Black Farmers and Agriculturalists Association-Florida
   28  Chapter; and meets the requirements of subparagraphs (b)3.-9.
   29         3.Within 6 months after the medical marijuana use registry
   30  reaches a total of 75,000 active registered qualified patients
   31  and upon each further instance of the total active registered
   32  qualified patients increasing by 75,000, license five additional
   33  medical marijuana treatment centers if a sufficient number of
   34  medical marijuana treatment center applicants meet the
   35  registration requirements of this section and department rule.
   36         (b)An applicant for licensure as a medical marijuana
   37  treatment center shall apply to the department on a form
   38  prescribed by the department and adopted in rule. The department
   39  shall adopt rules pursuant to ss. 120.536(1) and 120.54
   40  establishing a procedure for the issuance and biennial renewal
   41  of licenses, including initial application and biennial renewal
   42  fees sufficient to cover the costs of administering this
   43  licensure program. The department shall identify applicants with
   44  strong diversity plans reflecting this state’s commitment to
   45  diversity and implement training programs and other educational
   46  programs to enable minority persons and minority business
   47  enterprises, as defined in s. 288.703, and veteran business
   48  enterprises, as defined in s. 295.187, to compete for MMTC
   49  registration and contracts. Subject to the requirements in
   50  subparagraphs (a)2.-4., the department shall issue a license to
   51  an applicant if the applicant meets the requirements of this
   52  section and pays the initial application fee. The department
   53  shall renew the licensure of a medical marijuana treatment
   54  center biennially if the licensee meets the requirements of this
   55  section and pays the biennial renewal fee. An individual may not
   56  be an applicant, owner, officer, board member, or manager on
   57  more than one application for licensure as a medical marijuana
   58  treatment center. An individual or entity may not be awarded
   59  more than one license as a medical marijuana treatment center.
   60  An applicant for licensure as a medical marijuana treatment
   61  center must:
   62         1.Demonstrate that, for the 5 consecutive years before
   63  submitting the application, the applicant has been registered to
   64  do business in in the state.
   65         2.Possess of a valid certificate of registration issued by
   66  the Department of Agriculture and Consumer Services pursuant to
   67  s. 581.131.
   68         3. Demonstrate the technical and technological ability to
   69  cultivate and produce marijuana, including, but not limited to,
   70  low-THC cannabis.
   71         4.Demonstrate the ability to secure the premises,
   72  resources, and personnel necessary to operate as a medical
   73  marijuana treatment center.
   74         5.Demonstrate the ability to maintain accountability of
   75  all raw materials, finished products, and any byproducts to
   76  prevent diversion or unlawful access to or possession of these
   77  substances.
   78         6.Have an infrastructure reasonably located to dispense
   79  marijuana to registered qualified patients statewide or
   80  regionally as determined by the department.
   81         7.Demonstrate the financial ability to maintain operations
   82  for the duration of the 2-year approval cycle, including the
   83  provision of certified financial statements to the department.
   84  Upon approval, the applicant must post a $5 million performance
   85  bond. However, a medical marijuana treatment center serving at
   86  least 1,000 qualified patients is only required to maintain a $2
   87  million performance bond.
   88         8.Demonstrate that all owners, officers, board members,
   89  and managers have passed a background screening pursuant to
   90  subsection (9).
   91         9.Demonstrate the employment of a medical director to
   92  supervise the activities of the medical marijuana treatment
   93  center.
   94         10. Submit a diversity plan that promotes and ensures the
   95  involvement of minority persons and minority business
   96  enterprises, as defined in s. 288.703, or veteran business
   97  enterprises, as defined in s. 295.187, in ownership, management,
   98  and employment. An applicant for licensure renewal must show the
   99  effectiveness of the diversity plan by including the following
  100  with his or her application for renewal:
  101         a. Representation of minority persons and veterans in the
  102  MMTC’s workforce;
  103         b. Efforts to recruit minority persons and veterans for
  104  employment; and
  105         c. A record of contracts for services with minority
  106  business enterprises and veteran business enterprises.
  107         (c)A medical marijuana treatment center may not make a
  108  wholesale purchase of marijuana from, or a distribution of
  109  marijuana to, another medical marijuana treatment center unless
  110  the medical marijuana treatment center seeking to make a
  111  wholesale purchase of marijuana submits proof of harvest failure
  112  to the department.
  113         (d)The department shall establish, maintain, and control a
  114  computer software tracking system that traces marijuana from
  115  seed to sale and allows real-time, 24-hour access by the
  116  department to data from all medical marijuana treatment centers
  117  and marijuana testing laboratories. The tracking system must
  118  allow for integration of other seed-to-sale systems and, at a
  119  minimum, include notification of when marijuana seeds are
  120  planted, when marijuana plants are harvested and destroyed, and
  121  when marijuana is transported, sold, stolen, diverted, or lost.
  122  Each medical marijuana treatment center shall use the seed-to
  123  sale tracking system established by the department or integrate
  124  its own seed-to-sale tracking system with the seed-to-sale
  125  tracking system established by the department. Each medical
  126  marijuana treatment center may use its own seed-to-sale system
  127  until the department establishes a seed-to-sale tracking system.
  128  The department may contract with a vendor to establish the seed
  129  to-sale tracking system. The vendor selected by the department
  130  may not have a contractual relationship with the department to
  131  perform any services pursuant to this section other than the
  132  seed-to-sale tracking system. The vendor may not have a direct
  133  or indirect financial interest in a medical marijuana treatment
  134  center or a marijuana testing laboratory.
  135         (e)A licensed medical marijuana treatment center shall
  136  cultivate, process, transport, and dispense marijuana for
  137  medical use. A licensed medical marijuana treatment center may
  138  not contract for services directly related to the cultivation,
  139  processing, and dispensing of marijuana or marijuana delivery
  140  devices except that a medical marijuana treatment center
  141  licensed pursuant to subparagraph (8)(a)1. may continue with and
  142  may renew contracts that were executed prior to the effective
  143  date of this act. A licensed medical marijuana treatment center
  144  must, at all times, maintain compliance with the criteria
  145  demonstrated and representations made in the initial application
  146  and the criteria established in this subsection. Upon request,
  147  the department may grant a medical marijuana treatment center a
  148  variance from the representations made in the initial
  149  application. Consideration of such a request shall be based upon
  150  the individual facts and circumstances surrounding the request.
  151  A variance may not be granted unless the requesting medical
  152  marijuana treatment center can demonstrate to the department
  153  that it has a proposed alternative to the specific
  154  representation made in its application which fulfills the same
  155  or a similar purpose as the specific representation in a way
  156  that the department can reasonably determine will not be a lower
  157  standard than the specific representation in the application. A
  158  variance may not be granted from the requirements in
  159  subparagraph 2. and subparagraphs (b)1. and 2.
  160         1.The department shall approve an MMTC’s request for a
  161  change in ownership, equity structure, or transfer of
  162  registration to a new entity that meets the requirements in
  163  paragraph (8)(b) if individuals seeking a 5 percent or greater
  164  direct or indirect equity interest in the MMTC are fingerprinted
  165  and have successfully passed a level 2 background screening
  166  pursuant to s. 435.04. Individuals who seek or hold less than a
  167  5 percent direct or indirect equity interest in the MMTC are not
  168  required to be fingerprinted or pass the background check. A
  169  request for a change in MMTC ownership, equity structure, or
  170  transfer of registration is deemed approved if not denied by the
  171  department within 15 days after receipt of the request. The
  172  department shall adopt by rule a process which includes specific
  173  criteria for the approval or denial of such requests.