Florida Senate - 2017 SENATOR AMENDMENT Bill No. CS/CS/HB 1397, 2nd Eng. Ì271310`Î271310 LEGISLATIVE ACTION Senate . House . . . Floor: 3a/RE/2R . 05/04/2017 09:23 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.