Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1397, 2nd Eng.
       
       
       
       
       
       
                                Ì467840.Î467840                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/RS/2R         .                                
             05/04/2017 10:18 PM       .                                
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (l) of subsection (2) of section
    6  212.08, Florida Statutes, is redesignated as paragraph (m), and
    7  a new paragraph (l) is added to that subsection, to read:
    8         212.08 Sales, rental, use, consumption, distribution, and
    9  storage tax; specified exemptions.—The sale at retail, the
   10  rental, the use, the consumption, the distribution, and the
   11  storage to be used or consumed in this state of the following
   12  are hereby specifically exempt from the tax imposed by this
   13  chapter.
   14         (2) EXEMPTIONS; MEDICAL.—
   15         (l) Marijuana and marijuana delivery devices, as the terms
   16  are defined in s. 381.986, are exempt from the taxes imposed
   17  under this chapter.
   18         Section 2. Section 381.986, Florida Statutes, is amended to
   19  read:
   20         (Substantial rewording of section. See
   21         s. 381.986, F.S., for present text.)
   22         381.986 Medical use of marijuana.—
   23         (1) DEFINITIONS.—As used in this section, the term:
   24         (a) “Caregiver” means a resident of this state who has
   25  agreed to assist with a qualified patient’s medical use of
   26  marijuana, has a caregiver identification card, and meets the
   27  requirements of subsection (6).
   28         (b) “Chronic nonmalignant pain” means pain that is caused
   29  by a qualifying medical condition or that originates from a
   30  qualifying medical condition and persists beyond the usual
   31  course of that qualifying medical condition.
   32         (c) “Close relative” means a spouse, parent, sibling,
   33  grandparent, child, or grandchild, whether related by whole or
   34  half blood, by marriage, or by adoption.
   35         (d) “Edibles” means commercially produced food items made
   36  with marijuana oil, but no other form of marijuana, which are
   37  produced and dispensed by a medical marijuana treatment center.
   38         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
   39  the dried flowers of which contain 0.8 percent or less of
   40  tetrahydrocannabinol and more than 10 percent of cannabidiol
   41  weight for weight; the seeds thereof; the resin extracted from
   42  any part of such plant; or any compound, manufacture, salt,
   43  derivative, mixture, or preparation of the plant or its seeds or
   44  resin which is dispensed from a medical marijuana treatment
   45  center.
   46         (f) “Marijuana” means all parts of any plant of the genus
   47  Cannabis, whether growing or not; the seeds thereof; the resin
   48  extracted from any part of the plant; or any compound,
   49  manufacture, salt, derivative, mixture, or preparation of the
   50  plant or its seeds or resin, including low-THC cannabis, which
   51  is dispensed from a medical marijuana treatment center for
   52  medical use by a qualified patient.
   53         (g) “Marijuana delivery device” means an object that is
   54  used, intended for use, or designed for use in preparing,
   55  storing, ingesting, inhaling, or otherwise introducing marijuana
   56  into the human body and that is dispensed from a medical
   57  marijuana treatment center for medical use by a qualified
   58  patient.
   59         (h) “Marijuana testing laboratory” means a facility that
   60  collects and analyzes marijuana samples from a medical marijuana
   61  treatment center and has been certified by the department
   62  pursuant to s. 381.988.
   63         (i) “Medical director” means a person who holds an active,
   64  unrestricted license as an allopathic physician under chapter
   65  458 or osteopathic physician under chapter 459 and is in
   66  compliance with the requirements of paragraph (3)(c).
   67         (j) “Medical use” means the acquisition, possession, use,
   68  delivery, transfer, or administration of marijuana authorized by
   69  a physician certification. The term does not include:
   70         1. Possession, use, or administration of marijuana that was
   71  not purchased or acquired from a medical marijuana treatment
   72  center.
   73         2. Possession, use, or administration of marijuana in a
   74  form for smoking, in the form of commercially produced food
   75  items other than edibles, or of marijuana seeds or flower,
   76  except for flower in a sealed receptacle for vaping.
   77         3. Use or administration of any form or amount of marijuana
   78  in a manner that is inconsistent with the qualified physician’s
   79  directions or physician certification.
   80         4. Transfer of marijuana to a person other than the
   81  qualified patient for whom it was authorized or the qualified
   82  patient’s caregiver on behalf of the qualified patient.
   83         5. Use or administration of marijuana in the following
   84  locations:
   85         a. On any form of public transportation, except for low-THC
   86  cannabis.
   87         b. In any public place, except for low-THC cannabis.
   88         c. In a qualified patient’s place of employment, except
   89  when permitted by his or her employer.
   90         d. In a state correctional institution, as defined in s.
   91  944.02, or a correctional institution, as defined in s. 944.241.
   92         e. On the grounds of a preschool, primary school, or
   93  secondary school, except as provided in s. 1006.062.
   94         f. In a school bus, a vehicle, an aircraft, or a motorboat,
   95  except for low-THC cannabis.
   96         (k) “Physician certification” means a qualified physician’s
   97  authorization for a qualified patient to receive marijuana and a
   98  marijuana delivery device from a medical marijuana treatment
   99  center.
  100         (l) “Qualified patient” means a resident of this state who
  101  has been added to the medical marijuana use registry by a
  102  qualified physician to receive marijuana or a marijuana delivery
  103  device for medical use and who has a qualified patient
  104  identification card.
  105         (m) “Qualified physician” means a person who holds an
  106  active, unrestricted license as an allopathic physician under
  107  chapter 458 or as an osteopathic physician under chapter 459 and
  108  is in compliance with the physician education requirements of
  109  subsection (3).
  110         (n) “Smoking” means burning or igniting a substance and
  111  inhaling the smoke.
  112         (o) “Terminal condition” means a progressive disease or
  113  medical or surgical condition that causes significant functional
  114  impairment, is not considered by a treating physician to be
  115  reversible without the administration of life-sustaining
  116  procedures, and will result in death within 1 year after
  117  diagnosis if the condition runs its normal course.
  118         (2) QUALIFYING MEDICAL CONDITIONS.—A patient must be
  119  diagnosed with at least one of the following conditions to
  120  qualify to receive marijuana or a marijuana delivery device:
  121         (a) Cancer.
  122         (b) Epilepsy.
  123         (c) Glaucoma.
  124         (d) Positive status for human immunodeficiency virus.
  125         (e) Acquired immune deficiency syndrome.
  126         (f) Post-traumatic stress disorder.
  127         (g) Amyotrophic lateral sclerosis.
  128         (h) Crohn’s disease.
  129         (i) Parkinson’s disease.
  130         (j) Multiple sclerosis.
  131         (k) A medical condition of the same kind or class as or
  132  comparable to any of those enumerated in paragraphs (a)-(j).
  133         (l) A terminal condition diagnosed by a physician other
  134  than the qualified physician issuing the physician
  135  certification.
  136         (m) Chronic nonmalignant pain.
  137         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  138         (a) To be approved as a qualified physician, a physician
  139  must successfully complete a 2-hour course and subsequent
  140  examination offered by the Florida Medical Association or the
  141  Florida Osteopathic Medical Association which encompass the
  142  requirements of this section and any rules adopted under this
  143  section. The course and examination shall be administered at
  144  least annually and may be offered in a distance learning format,
  145  including an electronic, online format that is available upon
  146  request. The price of the course may not exceed $500. A
  147  physician who has met the physician education requirements of
  148  former s. 381.986(4), Florida Statutes 2016, before the
  149  effective date of this section shall be deemed to be in
  150  compliance with this paragraph from the effective date of this
  151  act until 90 days after the course and examination required by
  152  this paragraph become available.
  153         (b) A qualified physician may not be employed by, or have
  154  any direct or indirect economic interest in, a medical marijuana
  155  treatment center or marijuana testing laboratory.
  156         (c) A medical director must successfully complete a 2-hour
  157  course and subsequent examination offered by the Florida Medical
  158  Association or the Florida Osteopathic Medical Association which
  159  encompass the requirements of this section and any rules adopted
  160  under this section. The course and examination shall be
  161  administered at least annually and may be offered in a distance
  162  learning format, including an electronic, online format that is
  163  available upon request. The price of the course may not exceed
  164  $500.
  165         (4) PHYSICIAN CERTIFICATION.—
  166         (a) A qualified physician may issue a physician
  167  certification only if the qualified physician:
  168         1. Conducted a physical examination while physically
  169  present in the same room as the patient and a full assessment of
  170  the medical history of the patient.
  171         2. Diagnosed the patient with at least one qualifying
  172  medical condition.
  173         3. Determined that the medical use of marijuana would
  174  likely outweigh the potential health risks for the patient, and
  175  such determination must be documented in the patient’s medical
  176  record. If a patient is younger than 18 years of age, a second
  177  physician must concur with this determination, and such
  178  concurrence must be documented in the patient’s medical record.
  179         4. Determined whether the patient is pregnant and
  180  documented such determination in the patient’s medical record. A
  181  physician may not issue a physician certification, except for
  182  low-THC cannabis, to a patient who is pregnant.
  183         5. Reviewed the patient’s controlled drug prescription
  184  history in the prescription drug monitoring program database
  185  established pursuant to s. 893.055.
  186         6. Reviewed the medical marijuana use registry and
  187  confirmed that the patient does not have an active physician
  188  certification from another qualified physician.
  189         7. Registers as the issuer of the physician certification
  190  for the named qualified patient on the medical marijuana use
  191  registry in an electronic manner determined by the department,
  192  and:
  193         a. Enters into the registry the contents of the physician
  194  certification, including the patient’s qualifying condition and
  195  the dosage not to exceed the daily dose amount determined by the
  196  department, the amount and forms of marijuana authorized for the
  197  patient, and any types of marijuana delivery devices needed by
  198  the patient for the medical use of marijuana;
  199         b. Updates the registry within 7 days after any change is
  200  made to the original physician certification to reflect such
  201  change; and
  202         c. Deactivates the registration of the qualified patient
  203  and the patient’s caregiver when the physician no longer
  204  recommends the medical use of marijuana for the patient.
  205         8. Obtains the voluntary and informed written consent of
  206  the patient for medical use of marijuana each time the qualified
  207  physician issues a physician certification for the patient,
  208  which shall be maintained in the patient’s medical record. The
  209  patient, or the patient’s parent or legal guardian if the
  210  patient is a minor, must sign the informed consent acknowledging
  211  that the qualified physician has sufficiently explained its
  212  content. The qualified physician must use a standardized
  213  informed consent form adopted in rule by the Board of Medicine
  214  and the Board of Osteopathic Medicine, which must include, at a
  215  minimum, information related to:
  216         a. The Federal Government’s classification of marijuana as
  217  a Schedule I controlled substance.
  218         b. The approval and oversight status of marijuana by the
  219  Food and Drug Administration.
  220         c. The current state of research on the efficacy of
  221  marijuana to treat the qualifying conditions set forth in this
  222  section.
  223         d. The potential for addiction.
  224         e. The potential effect that marijuana may have on a
  225  patient’s coordination, motor skills, and cognition, including a
  226  warning against operating heavy machinery, operating a motor
  227  vehicle, or engaging in activities that require a person to be
  228  alert or respond quickly.
  229         f. The potential side effects of marijuana use.
  230         g. The risks, benefits, and drug interactions of marijuana.
  231         h. That the patient’s de-identified health information
  232  contained in the physician certification and medical marijuana
  233  use registry may be used for research purposes.
  234         (b) If a qualified physician issues a physician
  235  certification for a qualified patient diagnosed with a
  236  qualifying medical condition as described in paragraph (2)(k),
  237  the physician must submit the following to the applicable board
  238  within 14 days after issuing the physician certification:
  239         1. Documentation supporting the qualified physician’s
  240  opinion that the medical condition is of the same kind or class
  241  as the conditions in paragraphs (2)(a)-(j).
  242         2. Documentation that establishes the efficacy of marijuana
  243  as treatment for the condition.
  244         3. Documentation supporting the qualified physician’s
  245  opinion that the benefits of medical use of marijuana would
  246  likely outweigh the potential health risks for the patient.
  247         4. Any other documentation as required by board rule.
  248  
  249  The department must submit such documentation to the Coalition
  250  for Medical Marijuana Research and Education established
  251  pursuant to s. 1004.4351.
  252         (c) A qualified physician may not issue a physician
  253  certification for more than three 70-day supply limits of
  254  marijuana. The department shall quantify by rule a daily dose
  255  amount with equivalent dose amounts for each allowable form of
  256  marijuana dispensed by a medical marijuana treatment center. The
  257  department shall use the daily dose amount to calculate a 70-day
  258  supply.
  259         1. A qualified physician may request an exception to the
  260  daily dose amount limit. The request shall be made
  261  electronically on a form adopted by the department in rule and
  262  must include, at a minimum:
  263         a. The qualified patient’s qualifying medical condition.
  264         b. The dosage and route of administration which were
  265  insufficient to provide relief to the qualified patient.
  266         c. A description of how the patient will benefit from an
  267  increased amount.
  268         d. The minimum daily dose amount of marijuana that would be
  269  sufficient for the treatment of the qualified patient’s
  270  qualifying medical condition.
  271         2. A qualified physician must provide the qualified
  272  patient’s records upon the request of the department.
  273         3. The department shall approve or disapprove the request
  274  within 14 days after receipt of the complete documentation
  275  required by this paragraph. The request shall be deemed approved
  276  if the department fails to act within this time period.
  277         (d) A qualified physician must evaluate and recertify an
  278  existing qualified patient at least once every 30 weeks prior to
  279  issuing a new physician certification. A physician must:
  280         1. Determine if the patient still meets the requirements of
  281  a qualified patient under paragraph (a).
  282         2. Identify and document in the qualified patient’s medical
  283  records whether the qualified patient experienced either of the
  284  following related to the medical use of marijuana:
  285         a. An adverse drug interaction with any prescription or
  286  nonprescription medication; or
  287         b. A reduction in the use of opioid analgesics.
  288         3. Submit a report with the findings required pursuant to
  289  subparagraph 2. to the department. The department shall submit
  290  such reports to the Coalition for Medical Marijuana Research and
  291  Education established pursuant to s. 1004.4351.
  292         (e) An active order for low-THC cannabis or medical
  293  cannabis issued pursuant to former s. 381.986, Florida Statutes
  294  2016, and registered with the compassionate use registry before
  295  the effective date of this section, is deemed a physician
  296  certification, and all patients possessing such orders are
  297  deemed qualified patients until the department begins issuing
  298  medical marijuana use registry identification cards.
  299         (f) The department shall monitor physician registration in
  300  the medical marijuana use registry and the issuance of physician
  301  certifications for practices that could facilitate unlawful
  302  diversion or misuse of marijuana or a marijuana delivery device
  303  and shall take disciplinary action as appropriate.
  304         (g) The Board of Medicine and the Board of Osteopathic
  305  Medicine shall jointly create a physician certification pattern
  306  review panel that shall review all physician certifications
  307  submitted to the medical marijuana use registry. The panel shall
  308  track and report the number of physician certifications and the
  309  qualifying medical conditions, dosage, supply amount, and forms
  310  of marijuana certified. The panel shall report the data both by
  311  individual qualified physician and in the aggregate, by county,
  312  and statewide. The physician certification pattern review panel
  313  shall, beginning January 1, 2018, submit an annual report of its
  314  findings and recommendations to the Governor, the President of
  315  the Senate, and the Speaker of the House of Representatives.
  316         (h) The department, the Board of Medicine, and the Board of
  317  Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1)
  318  and 120.54 to implement this subsection.
  319         (5) MEDICAL MARIJUANA USE REGISTRY.—
  320         (a) The department shall create and maintain a secure,
  321  electronic, and online medical marijuana use registry for
  322  physicians, patients, and caregivers as provided under this
  323  section. The medical marijuana use registry must be accessible
  324  to law enforcement agencies, qualified physicians, and medical
  325  marijuana treatment centers to verify the authorization of a
  326  qualified patient or a caregiver to possess marijuana or a
  327  marijuana delivery device and record the marijuana or marijuana
  328  delivery device dispensed. The medical marijuana use registry
  329  must also be accessible to practitioners licensed to prescribe
  330  prescription drugs to ensure proper care for patients before
  331  medications that may interact with the medical use of marijuana
  332  are prescribed. The medical marijuana use registry must prevent
  333  an active registration of a qualified patient by multiple
  334  physicians.
  335         (b) The department shall determine whether an individual is
  336  a resident of this state for the purpose of registration of
  337  qualified patients and caregivers in the medical marijuana use
  338  registry. To prove residency:
  339         1. An adult resident must provide the department with a
  340  copy of his or her valid Florida driver license issued under s.
  341  322.18 or a copy of a valid Florida identification card issued
  342  under s. 322.051.
  343         2. An adult seasonal resident who cannot meet the
  344  requirements of subparagraph 1. may provide the department with
  345  a copy of two of the following that show proof of residential
  346  address:
  347         a. A deed, mortgage, monthly mortgage statement, mortgage
  348  payment booklet, or residential rental or lease agreement.
  349         b. One proof of residential address from the seasonal
  350  resident’s parent, stepparent, legal guardian, or other person
  351  with whom the seasonal resident resides and a statement from the
  352  person with whom the seasonal resident resides stating that the
  353  seasonal resident does reside with him or her.
  354         c. A utility hook up or work order dated within 60 days
  355  prior to registration in the medical use registry.
  356         d. A utility bill, not more than 2 months old.
  357         e. Mail from a financial institution, including checking,
  358  savings, or investment account statements, not more than 2
  359  months old.
  360         f. Mail from a federal, state, county, or municipal
  361  government agency, not more than 2 months old.
  362         g. Any other documentation that provides proof of
  363  residential address as determined by department rule.
  364  
  365  As used in this subparagraph, the term “seasonal resident” means
  366  any person who temporarily resides in this state for a period of
  367  at least 31 consecutive days in each calendar year, maintains a
  368  temporary residence in this state, returns to the state or
  369  jurisdiction of his or her residence at least one time during
  370  each calendar year, and is registered to vote or pays income tax
  371  in another state or jurisdiction.
  372         3. A minor must provide the department with a certified
  373  copy of a birth certificate or a current record of registration
  374  from a Florida K-12 school and must have a parent or legal
  375  guardian who meets the requirements of subparagraph 1.
  376         (c) The department may suspend or revoke the registration
  377  of a qualified patient or caregiver if the qualified patient or
  378  caregiver:
  379         1. Provides misleading, incorrect, false, or fraudulent
  380  information to the department;
  381         2. Obtains a supply of marijuana in an amount greater than
  382  the amount authorized by the physician certification;
  383         3. Falsifies, alters, or otherwise modifies an
  384  identification card;
  385         4. Fails to timely notify the department of any changes to
  386  his or her qualified patient status; or
  387         5. Violates the requirements of this section or any rule
  388  adopted under this section.
  389         (d) The department shall immediately suspend the
  390  registration of a qualified patient charged with a violation of
  391  chapter 893 until final disposition of any alleged offense.
  392  Thereafter, the department may extend the suspension, revoke the
  393  registration, or reinstate the registration.
  394         (e) The department shall immediately suspend the
  395  registration of any caregiver charged with a violation of
  396  chapter 893 until final disposition of any alleged offense. The
  397  department shall revoke a caregiver registration if the
  398  caregiver does not meet the requirements of subparagraph
  399  (6)(b)6.
  400         (f) The department may revoke the registration of a
  401  qualified patient or caregiver who cultivates marijuana or who
  402  acquires, possesses, or delivers marijuana from any person or
  403  entity other than a medical marijuana treatment center.
  404         (g) The department shall revoke the registration of a
  405  qualified patient, and the patient’s associated caregiver, upon
  406  notification that the patient no longer meets the criteria of a
  407  qualified patient.
  408         (h) The department may adopt rules pursuant to ss.
  409  120.536(1) and 120.54 to implement this subsection.
  410         (6) CAREGIVERS.—
  411         (a) The department must register an individual as a
  412  caregiver on the medical marijuana use registry and issue a
  413  caregiver identification card if an individual designated by a
  414  qualified patient meets all of the requirements of this
  415  subsection and department rule.
  416         (b) A caregiver must:
  417         1. Not be a qualified physician and not be employed by or
  418  have an economic interest in a medical marijuana treatment
  419  center or a marijuana testing laboratory.
  420         2. Be 21 years of age or older and a resident of this
  421  state.
  422         3. Agree in writing to assist with the qualified patient’s
  423  medical use of marijuana.
  424         4. Be registered in the medical marijuana use registry as a
  425  caregiver for no more than one qualified patient, except as
  426  provided in this paragraph.
  427         5. Successfully complete a caregiver certification course
  428  developed and administered by the department or its designee,
  429  which must be renewed biennially. The price of the course may
  430  not exceed $100.
  431         6. Pass a background screening pursuant to subsection (9),
  432  unless the patient is a close relative of the caregiver.
  433         (c) A qualified patient may designate no more than one
  434  caregiver to assist with the qualified patient’s medical use of
  435  marijuana, unless:
  436         1. The qualified patient is a minor and the designated
  437  caregivers are parents or legal guardians of the qualified
  438  patient;
  439         2. The qualified patient is an adult who has an
  440  intellectual or developmental disability that prevents the
  441  patient from being able to protect or care for himself or
  442  herself without assistance or supervision and the designated
  443  caregivers are the parents or legal guardians of the qualified
  444  patient; or
  445         3. The qualified patient is admitted to a hospice program.
  446         (d) A caregiver may be registered in the medical marijuana
  447  use registry as a designated caregiver for no more than one
  448  qualified patient, unless:
  449         1. The caregiver is a parent or legal guardian of more than
  450  one minor who is a qualified patient;
  451         2. The caregiver is a parent or legal guardian of more than
  452  one adult who is a qualified patient and who has an intellectual
  453  or developmental disability that prevents the patient from being
  454  able to protect or care for himself or herself without
  455  assistance or supervision; or
  456         3. All qualified patients the caregiver has agreed to
  457  assist are admitted to a hospice program and have requested the
  458  assistance of that caregiver with the medical use of marijuana;
  459  the caregiver is an employee of the hospice; and the caregiver
  460  provides personal care or other services directly to clients of
  461  the hospice in the scope of that employment.
  462         (e) A caregiver may not receive compensation, other than
  463  actual expenses incurred, for any services provided to the
  464  qualified patient.
  465         (f) If a qualified patient is younger than 18 years of age,
  466  only a caregiver may purchase or administer marijuana for
  467  medical use by the qualified patient. The qualified patient may
  468  not purchase marijuana.
  469         (g) A caregiver must be in immediate possession of his or
  470  her medical marijuana use registry identification card at all
  471  times when in possession of marijuana or a marijuana delivery
  472  device and must present his or her medical marijuana use
  473  registry identification card upon the request of a law
  474  enforcement officer.
  475         (h) The department may adopt rules pursuant to ss.
  476  120.536(1) and 120.54 to implement this subsection.
  477         (7) IDENTIFICATION CARDS.—
  478         (a) The department shall issue medical marijuana use
  479  registry identification cards for qualified patients and
  480  caregivers who are residents of this state which must be renewed
  481  annually. The identification cards must be resistant to
  482  counterfeiting and tampering and must include, at a minimum, the
  483  following:
  484         1. The name, address, and date of birth of the qualified
  485  patient or caregiver.
  486         2. A full-face, passport-type, color photograph of the
  487  qualified patient or caregiver taken within the 90 days
  488  immediately preceding registration or the Florida driver license
  489  or Florida identification card photograph of the qualified
  490  patient or caregiver obtained directly from the Department of
  491  Highway Safety and Motor Vehicles.
  492         3. Identification as a qualified patient or a caregiver.
  493         4. The unique numeric identifier used for the qualified
  494  patient in the medical marijuana use registry.
  495         5. For a caregiver, the name and unique numeric identifier
  496  of the caregiver and the qualified patient or patients that the
  497  caregiver is assisting.
  498         6. The expiration date of the identification card.
  499         (b) The department must receive written consent from a
  500  qualified patient’s parent or legal guardian before it may issue
  501  an identification card to a qualified patient who is a minor.
  502         (c) The department shall, by July 3, 2017, adopt rules
  503  pursuant to ss. 120.536(1) and 120.54 establishing procedures
  504  for the issuance, renewal, suspension, replacement, surrender,
  505  and revocation of medical marijuana use registry identification
  506  cards and shall begin issuing qualified patient identification
  507  cards by October 3, 2017.
  508         (d) Applications for identification cards must be submitted
  509  on a form prescribed by the department. The department may
  510  charge a reasonable fee associated with the issuance,
  511  replacement, and renewal of identification cards. The department
  512  may contract with a third-party vendor to issue identification
  513  cards. The vendor selected by the department must have
  514  experience performing similar functions for other state
  515  agencies.
  516         (e) A qualified patient or caregiver must return his or her
  517  identification card to the department within 5 business days
  518  after revocation.
  519         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  520         (a) The department shall license medical marijuana
  521  treatment centers to ensure reasonable statewide accessibility
  522  and availability as necessary for qualified patients registered
  523  in the medical marijuana use registry and who are issued a
  524  physician certification under this section.
  525         1. The department shall license as a medical marijuana
  526  treatment center any entity that holds an active, unrestricted
  527  license to cultivate, process, transport, and dispense low-THC
  528  cannabis, medical cannabis, and cannabis delivery devices, under
  529  former s. 381.986, Florida Statutes 2016, before July 1, 2017,
  530  and which meets the requirements of this section. In addition to
  531  the authority granted under this section, these entities are
  532  authorized to dispense low-THC cannabis, medical cannabis, and
  533  cannabis delivery devices ordered pursuant to former s. 381.986,
  534  Florida Statutes 2016, which were entered into the compassionate
  535  use registry before July 1, 2017. The department may grant
  536  variances from the representations made in such an entity’s
  537  original application for approval under former s. 381.986,
  538  Florida Statutes 2014, pursuant to paragraph (e).
  539         2. As soon as practicable, but no later than October 1,
  540  2017, the department shall license as medical marijuana
  541  treatment centers 10 applicants that meet the requirements of
  542  this section, except as provided in sub-subparagraph c.,
  543  including:
  544         a. Any medical marijuana treatment center applicant that
  545  was denied a dispensing organization license by the department
  546  under former s. 381.986, Florida Statutes 2014, if the applicant
  547  is awarded a license pursuant to an administrative or legal
  548  challenge filed before January 1, 2017.
  549         b. One applicant that was a qualified dispensing
  550  organization applicant under former s. 381.986, Florida Statutes
  551  2014; was the highest scoring applicant that was not awarded a
  552  license; was not a litigant in an administrative challenge on or
  553  after March 31, 2017; and provides documentation to the
  554  department that it has the existing infrastructure and technical
  555  and technological ability to begin cultivating, processing, and
  556  dispensing marijuana within 30 days after registration as a
  557  medical marijuana treatment center.
  558         c. One applicant that is a recognized class member of
  559  Pigford v. Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black
  560  Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011); is a member of
  561  the Black Farmers and Agriculturalists Association-Florida
  562  Chapter; and meets the requirements of subparagraphs (b)3.-9.
  563         3. Within 6 months after the medical marijuana use registry
  564  reaches a total of 75,000 active registered qualified patients
  565  and upon each further instance of the total active registered
  566  qualified patients increasing by 75,000, license five additional
  567  medical marijuana treatment centers if a sufficient number of
  568  medical marijuana treatment center applicants meet the
  569  registration requirements of this section and department rule.
  570         (b) An applicant for licensure as a medical marijuana
  571  treatment center shall apply to the department on a form
  572  prescribed by the department and adopted in rule. The department
  573  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  574  establishing a procedure for the issuance and biennial renewal
  575  of licenses, including initial application and biennial renewal
  576  fees sufficient to cover the costs of administering this
  577  licensure program. Subject to the requirements in subparagraphs
  578  (a)2.-4., the department shall issue a license to an applicant
  579  if the applicant meets the requirements of this section and pays
  580  the initial application fee. The department shall renew the
  581  licensure of a medical marijuana treatment center biennially if
  582  the licensee meets the requirements of this section and pays the
  583  biennial renewal fee. An individual may not be an applicant,
  584  owner, officer, board member, or manager on more than one
  585  application for licensure as a medical marijuana treatment
  586  center. An individual or entity may not be awarded more than one
  587  license as a medical marijuana treatment center. An applicant
  588  for licensure as a medical marijuana treatment center must
  589  demonstrate:
  590         1. That, for the 5 consecutive years before submitting the
  591  application, the applicant has been registered to do business in
  592  in the state.
  593         2. Possession of a valid certificate of registration issued
  594  by the Department of Agriculture and Consumer Services pursuant
  595  to s. 581.131.
  596         3. The technical and technological ability to cultivate and
  597  produce marijuana, including, but not limited to, low-THC
  598  cannabis.
  599         4. The ability to secure the premises, resources, and
  600  personnel necessary to operate as a medical marijuana treatment
  601  center.
  602         5. The ability to maintain accountability of all raw
  603  materials, finished products, and any byproducts to prevent
  604  diversion or unlawful access to or possession of these
  605  substances.
  606         6. An infrastructure reasonably located to dispense
  607  marijuana to registered qualified patients statewide or
  608  regionally as determined by the department.
  609         7. The financial ability to maintain operations for the
  610  duration of the 2-year approval cycle, including the provision
  611  of certified financial statements to the department. Upon
  612  approval, the applicant must post a $5 million performance bond.
  613  However, a medical marijuana treatment center serving at least
  614  1,000 qualified patients is only required to maintain a $2
  615  million performance bond.
  616         8. That all owners, officers, board members, and managers
  617  have passed a background screening pursuant to subsection (9).
  618         9. The employment of a medical director to supervise the
  619  activities of the medical marijuana treatment center.
  620         (c) A medical marijuana treatment center may not make a
  621  wholesale purchase of marijuana from, or a distribution of
  622  marijuana to, another medical marijuana treatment center unless
  623  the medical marijuana treatment center seeking to make a
  624  wholesale purchase of marijuana submits proof of harvest failure
  625  to the department.
  626         (d) The department shall establish, maintain, and control a
  627  computer software tracking system that traces marijuana from
  628  seed to sale and allows real-time, 24-hour access by the
  629  department to data from all medical marijuana treatment centers
  630  and marijuana testing laboratories. The tracking system must
  631  allow for integration of other seed-to-sale systems and, at a
  632  minimum, include notification of when marijuana seeds are
  633  planted, when marijuana plants are harvested and destroyed, and
  634  when marijuana is transported, sold, stolen, diverted, or lost.
  635  Each medical marijuana treatment center shall use the seed-to
  636  sale tracking system established by the department or integrate
  637  its own seed-to-sale tracking system with the seed-to-sale
  638  tracking system established by the department. Each medical
  639  marijuana treatment center may use its own seed-to-sale system
  640  until the department establishes a seed-to-sale tracking system.
  641  The department may contract with a vendor to establish the seed
  642  to-sale tracking system. The vendor selected by the department
  643  may not have a contractual relationship with the department to
  644  perform any services pursuant to this section other than the
  645  seed-to-sale tracking system. The vendor may not have a direct
  646  or indirect financial interest in a medical marijuana treatment
  647  center or a marijuana testing laboratory.
  648         (e) A licensed medical marijuana treatment center shall
  649  cultivate, process, transport, and dispense marijuana for
  650  medical use. A licensed medical marijuana treatment center may
  651  not contract for services directly related to the cultivation,
  652  processing, and dispensing of marijuana or marijuana delivery
  653  devices. A licensed medical marijuana treatment center must, at
  654  all times, maintain compliance with the criteria demonstrated
  655  and representations made in the initial application and the
  656  criteria established in this subsection. Upon request, the
  657  department may grant a medical marijuana treatment center a
  658  variance from the representations made in the initial
  659  application. Consideration of such a request shall be based upon
  660  the individual facts and circumstances surrounding the request.
  661  A variance may not be granted unless the requesting medical
  662  marijuana treatment center can demonstrate to the department
  663  that it has a proposed alternative to the specific
  664  representation made in its application which fulfills the same
  665  or a similar purpose as the specific representation in a way
  666  that the department can reasonably determine will not be a lower
  667  standard than the specific representation in the application. A
  668  variance may not be granted from the requirements in
  669  subparagraph 2. and subparagraphs (b)1. and 2.
  670         1. A licensed medical marijuana treatment center may
  671  transfer ownership to an individual or entity who meets the
  672  requirements of this section. To accommodate a change in
  673  ownership:
  674         a. The licensed medical marijuana treatment center shall
  675  notify the department in writing at least 60 days before the
  676  anticipated date of the change of ownership.
  677         b. The individual or entity applying for initial licensure
  678  due to a change of ownership must submit an application that
  679  must be received by the department at least 60 days prior to the
  680  date of change of ownership.
  681         c. Upon receipt of an application for a license, the
  682  department shall examine the application and, within 30 days
  683  after receipt, notify the applicant in writing of any apparent
  684  errors or omissions and request any additional information
  685  required.
  686         d. Requested information omitted from an application for
  687  licensure must be filed with the department within 21 days after
  688  the department’s request for omitted information or the
  689  application shall be deemed incomplete and shall be withdrawn
  690  from further consideration and the fees shall be forfeited.
  691  
  692  Within 30 days after the receipt of a complete application, the
  693  department shall approve or deny the application.
  694         2. A medical marijuana treatment center, and any individual
  695  or entity who directly or indirectly owns, controls, or holds
  696  with power to vote 5 percent or more of the voting shares of a
  697  medical marijuana treatment center, may not acquire direct or
  698  indirect ownership or control of any voting shares or other form
  699  of ownership of any other medical marijuana treatment center.
  700         3. All employees of a medical marijuana treatment center
  701  must be 21 years of age or older and have passed a background
  702  screening pursuant to subsection (9).
  703         4. Each medical marijuana treatment center must adopt and
  704  enforce policies and procedures to ensure employees and
  705  volunteers receive training on the legal requirements to
  706  dispense marijuana to qualified patients.
  707         5. When growing marijuana, a medical marijuana treatment
  708  center:
  709         a. May use pesticides determined by the department, after
  710  consultation with the Department of Agriculture and Consumer
  711  Services, to be safely applied to plants intended for human
  712  consumption, but may not use pesticides designated as
  713  restricted-use pesticides pursuant to s. 487.042.
  714         b. Must grow marijuana within an enclosed structure and in
  715  a room separate from any other plant.
  716         c. Must inspect seeds and growing plants for plant pests
  717  that endanger or threaten the horticultural and agricultural
  718  interests of the state in accordance with chapter 581 and any
  719  rules adopted thereunder.
  720         d. Must perform fumigation or treatment of plants, or
  721  remove and destroy infested or infected plants, in accordance
  722  with chapter 581 and any rules adopted thereunder.
  723         6. Each medical marijuana treatment center must produce and
  724  make available for purchase at least one low-THC cannabis
  725  product.
  726         7. A medical marijuana treatment center that produces
  727  edibles must hold a permit to operate as a food establishment
  728  pursuant to chapter 500, the Florida Food Safety Act, and must
  729  comply with all the requirements for food establishments
  730  pursuant to chapter 500 and any rules adopted thereunder.
  731  Edibles may not contain more than 200 milligrams of
  732  tetrahydrocannabinol and a single serving portion of an edible
  733  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  734  may have a potency variance of no greater than 15 percent.
  735  Edibles may not be attractive to children; be manufactured in
  736  the shape of humans, cartoons, or animals; be manufactured in a
  737  form that bears any reasonable resemblance to products available
  738  for consumption as commercially available candy; or contain any
  739  color additives. To discourage consumption of edibles by
  740  children, the department shall determine by rule any shapes,
  741  forms, and ingredients allowed and prohibited for edibles.
  742  Medical marijuana treatment centers may not begin processing or
  743  dispensing edibles until after the effective date of the rule.
  744  The department shall also adopt sanitation rules providing the
  745  standards and requirements for the storage, display, or
  746  dispensing of edibles.
  747         8. When processing marijuana, a medical marijuana treatment
  748  center must:
  749         a. Process the marijuana within an enclosed structure and
  750  in a room separate from other plants or products.
  751         b. Not use a hydrocarbon based solvent, such as butane,
  752  hexane, or propane, to extract or separate resin from marijuana.
  753         c. Test the processed marijuana using a medical marijuana
  754  testing laboratory before it is dispensed. Results must be
  755  verified and signed by two medical marijuana treatment center
  756  employees. Before dispensing, the medical marijuana treatment
  757  center must determine that the test results indicate that low
  758  THC cannabis meets the definition of low-THC cannabis, the
  759  concentration of tetrahydrocannabinol meets the potency
  760  requirements of this section, the labeling of the concentration
  761  of tetrahydrocannabinol and cannabidiol is accurate, and all
  762  marijuana is safe for human consumption and free from
  763  contaminants that are unsafe for human consumption. The
  764  department shall determine by rule which contaminants must be
  765  tested for and the maximum levels of each contaminant which are
  766  safe for human consumption. The Department of Agriculture and
  767  Consumer Services shall assist the department in developing the
  768  testing requirements for contaminants that are unsafe for human
  769  consumption in edibles. The department shall also determine by
  770  rule the procedures for the treatment of marijuana that fails to
  771  meet the testing requirements of this section, s. 381.988, or
  772  department rule. The department may select a random sample from
  773  edibles available for purchase in a dispensing facility that
  774  shall be tested by the department to determine that the edible
  775  meets the potency requirements of this section, is safe for
  776  human consumption, and the labeling of the tetrahydrocannabinol
  777  and cannabidiol concentration is accurate. A medical marijuana
  778  treatment center may not require payment from the department for
  779  the sample. A medical marijuana treatment center must recall
  780  edibles, including all edibles made from the same batch of
  781  marijuana, which fail to meet the potency requirements of this
  782  section, which are unsafe for human consumption, or for which
  783  the labeling of the tetrahydrocannabinol and cannabidiol
  784  concentration is inaccurate. The medical marijuana treatment
  785  center must retain records of all testing and samples of each
  786  homogenous batch of marijuana for at least 9 months. The medical
  787  marijuana treatment center must contract with a marijuana
  788  testing laboratory to perform audits on the medical marijuana
  789  treatment center’s standard operating procedures, testing
  790  records, and samples and provide the results to the department
  791  to confirm that the marijuana or low-THC cannabis meets the
  792  requirements of this section and that the marijuana or low-THC
  793  cannabis is safe for human consumption. A medical marijuana
  794  treatment center shall reserve two processed samples from each
  795  batch and retain such samples for at least 9 months for the
  796  purpose such audits. A medical marijuana treatment center may
  797  use a laboratory that has not been certified by the department
  798  under s. 381.988 until such time as at least one laboratory
  799  holds the required certification, but in no event later than
  800  July 1, 2018.
  801         d. Package the marijuana in compliance with the United
  802  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  803  1471 et seq.
  804         e. Package the marijuana in a receptacle that has a firmly
  805  affixed and legible label stating the following information:
  806         (I) The marijuana or low-THC cannabis meets the
  807  requirements of sub-subparagraph c.
  808         (II) The name of the medical marijuana treatment center
  809  from which the marijuana originates.
  810         (III) The batch number and harvest number from which the
  811  marijuana originates and the date dispensed.
  812         (IV) The name of the physician who issued the physician
  813  certification.
  814         (V) The name of the patient.
  815         (VI) The product name, if applicable, and dosage form,
  816  including concentration of tetrahydrocannabinol and cannabidiol.
  817  The product name may not contain wording commonly associated
  818  with products marketed by or to children.
  819         (VII) The recommended dose.
  820         (VIII) A warning that it is illegal to transfer medical
  821  marijuana to another person.
  822         (IX) A marijuana universal symbol developed by the
  823  department.
  824         9. The medical marijuana treatment center shall include in
  825  each package a patient package insert with information on the
  826  specific product dispensed related to:
  827         a. Clinical pharmacology.
  828         b. Indications and use.
  829         c. Dosage and administration.
  830         d. Dosage forms and strengths.
  831         e. Contraindications.
  832         f. Warnings and precautions.
  833         g. Adverse reactions.
  834         10. Each edible shall be individually sealed in plain,
  835  opaque wrapping marked only with the marijuana universal symbol.
  836  Where practical, each edible shall be marked with the marijuana
  837  universal symbol. In addition to the packaging and labeling
  838  requirements in subparagraphs 8. and 9., edible receptacles must
  839  be plain, opaque, and white without depictions of the product or
  840  images other than the medical marijuana treatment center’s
  841  department-approved logo and the marijuana universal symbol. The
  842  receptacle must also include a list all of the edible’s
  843  ingredients, storage instructions, an expiration date, a legible
  844  and prominent warning to keep away from children and pets, and a
  845  warning that the edible has not been produced or inspected
  846  pursuant to federal food safety laws.
  847         11. A medical marijuana treatment center may not establish
  848  or operate more than five dispensing facilities, unless the
  849  medical marijuana use registry reaches a total of 75,000 active
  850  registered qualified patients, and then, upon each further
  851  instance of the total active registered qualified patients
  852  increasing by 75,000, each medical marijuana treatment center
  853  licensed by the department at that time may establish and
  854  operate one additional dispensing facility. When dispensing
  855  marijuana or a marijuana delivery device, a medical marijuana
  856  treatment center:
  857         a. May dispense any active, valid order for low-THC
  858  cannabis, medical cannabis and cannabis delivery devices issued
  859  pursuant to former s. 381.986, Florida Statutes 2016, which was
  860  entered into the medical marijuana use registry before July 1,
  861  2017.
  862         b. May not dispense more than a 70-day supply of marijuana
  863  to a qualified patient or caregiver.
  864         c. Must have the medical marijuana treatment center’s
  865  employee who dispenses the marijuana or a marijuana delivery
  866  device enter into the medical marijuana use registry his or her
  867  name or unique employee identifier.
  868         d. Must verify that the qualified patient and the
  869  caregiver, if applicable, each has an active registration in the
  870  medical marijuana use registry and an active and valid medical
  871  marijuana use registry identification card, the amount and type
  872  of marijuana dispensed matches the physician’s certification in
  873  the medical marijuana use registry for that qualified patient,
  874  and the physician certification has not already been filled.
  875         e. May not dispense marijuana to a qualified patient who is
  876  younger than 18 years of age. If the qualified patient is
  877  younger than 18 years of age, marijuana may only be dispensed to
  878  the qualified patient’s caregiver.
  879         f. May not dispense or sell any other type of cannabis,
  880  alcohol, or illicit drug-related product, including pipes,
  881  bongs, or wrapping papers, other than a marijuana delivery
  882  device required for the medical use of marijuana and which is
  883  specified in a physician certification.
  884         g. Must, upon dispensing the marijuana or marijuana
  885  delivery device, record in the registry the date, time,
  886  quantity, and form of marijuana dispensed; the type of marijuana
  887  delivery device dispensed; and the name and medical marijuana
  888  use registry identification number of the qualified patient or
  889  caregiver to whom the marijuana delivery device was dispensed.
  890         h. Must ensure that patient records are not visible to
  891  anyone other than the qualified patient, his or her caregiver,
  892  and authorized medical marijuana treatment center employees.
  893         (f) To ensure the safety and security of premises where the
  894  cultivation, processing, storing, or dispensing of marijuana
  895  occurs, and to maintain adequate controls against the diversion,
  896  theft, and loss of marijuana or marijuana delivery devices, a
  897  medical marijuana treatment center shall:
  898         1.a. Maintain a fully operational security alarm system
  899  that secures all entry points and perimeter windows and is
  900  equipped with motion detectors; pressure switches; and duress,
  901  panic, and hold-up alarms; and
  902         b. Maintain a video surveillance system that records
  903  continuously 24 hours a day and meets the following criteria:
  904         (I) Cameras are fixed in a place that allows for the clear
  905  identification of persons and activities in controlled areas of
  906  the premises. Controlled areas include grow rooms, processing
  907  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  908  rooms.
  909         (II) Cameras are fixed in entrances and exits to the
  910  premises, which shall record from both indoor and outdoor, or
  911  ingress and egress, vantage points.
  912         (III) Recorded images must clearly and accurately display
  913  the time and date.
  914         (IV) Retain video surveillance recordings for at least 45
  915  days or longer upon the request of a law enforcement agency.
  916         2. Ensure that the medical marijuana treatment center’s
  917  outdoor premises have sufficient lighting from dusk until dawn.
  918         3. Ensure that the indoor premises where dispensing occurs
  919  includes a waiting area with sufficient space and seating to
  920  accommodate qualified patients and caregivers and at least one
  921  private consultation area that is isolated from the waiting area
  922  and area where dispensing occurs. A medical marijuana treatment
  923  center may not display products or dispense marijuana or
  924  marijuana delivery devices in the waiting area.
  925         4. Not dispense from its premises marijuana or a marijuana
  926  delivery device between the hours of 9 p.m. and 7 a.m., but may
  927  perform all other operations and deliver marijuana to qualified
  928  patients 24 hours a day.
  929         5. Store marijuana in a secured, locked room or a vault.
  930         6. Require at least two of its employees, or two employees
  931  of a security agency with whom it contracts, to be on the
  932  premises at all times where cultivation, processing, or storing
  933  of marijuana occurs.
  934         7. Require each employee or contractor to wear a photo
  935  identification badge at all times while on the premises.
  936         8. Require each visitor to wear a visitor pass at all times
  937  while on the premises.
  938         9. Implement an alcohol and drug-free workplace policy.
  939         10. Report to local law enforcement within 24 hours after
  940  the medical marijuana treatment center is notified or becomes
  941  aware of the theft, diversion, or loss of marijuana.
  942         (g) To ensure the safe transport of marijuana and marijuana
  943  delivery devices to medical marijuana treatment centers,
  944  marijuana testing laboratories, or qualified patients, a medical
  945  marijuana treatment center must:
  946         1. Maintain a marijuana transportation manifest in any
  947  vehicle transporting marijuana. The marijuana transportation
  948  manifest must be generated from a medical marijuana treatment
  949  center’s seed-to-sale tracking system and include the:
  950         a. Departure date and approximate time of departure.
  951         b. Name, location address, and license number of the
  952  originating medical marijuana treatment center.
  953         c. Name and address of the recipient of the delivery.
  954         d. Quantity and form of any marijuana or marijuana delivery
  955  device being transported.
  956         e. Arrival date and estimated time of arrival.
  957         f. Delivery vehicle make and model and license plate
  958  number.
  959         g. Name and signature of the medical marijuana treatment
  960  center employees delivering the product.
  961         (I) A copy of the marijuana transportation manifest must be
  962  provided to each individual, medical marijuana treatment center,
  963  or marijuana testing laboratory that receives a delivery. The
  964  individual, or a representative of the center or laboratory,
  965  must sign a copy of the marijuana transportation manifest
  966  acknowledging receipt.
  967         (II) An individual transporting marijuana or a marijuana
  968  delivery device must present a copy of the relevant marijuana
  969  transportation manifest and his or her employee identification
  970  card to a law enforcement officer upon request.
  971         (III) Medical marijuana treatment centers and marijuana
  972  testing laboratories must retain copies of all marijuana
  973  transportation manifests for at least 3 years.
  974         2. Ensure only vehicles in good working order are used to
  975  transport marijuana.
  976         3. Lock marijuana and marijuana delivery devices in a
  977  separate compartment or container within the vehicle.
  978         4. Require employees to have possession of their employee
  979  identification cards at all times when transporting marijuana or
  980  marijuana delivery devices.
  981         5. Require at least two persons to be in a vehicle
  982  transporting marijuana or marijuana delivery devices, and
  983  require at least one person to remain in the vehicle while the
  984  marijuana or marijuana delivery device is being delivered.
  985         6. Provide specific safety and security training to
  986  employees transporting or delivering marijuana and marijuana
  987  delivery devices.
  988         (h) A medical marijuana treatment center may not engage in
  989  advertising that is visible to members of the public from any
  990  street, sidewalk, park, or other public place, except:
  991         1. The dispensing location of a medical marijuana treatment
  992  center may have a sign that is affixed to the outside or hanging
  993  in the window of the premises which identifies the dispensary by
  994  the licensee’s business name, a department-approved trade name,
  995  or a department-approved logo. A medical marijuana treatment
  996  center’s trade name and logo may not contain wording or images
  997  commonly associated with marketing targeted toward children or
  998  which promote recreational use of marijuana.
  999         2. A medical marijuana treatment center may engage in
 1000  Internet advertising and marketing under the following
 1001  conditions:
 1002         a. All advertisements must be approved by the department.
 1003         b. An advertisement may not have any content that
 1004  specifically targets individuals under the age of 18, including
 1005  cartoon characters or similar images.
 1006         c. An advertisement may not be an unsolicited pop-up
 1007  advertisement.
 1008         d. Opt-in marketing must include an easy and permanent opt
 1009  out feature.
 1010         (i) Each medical marijuana treatment center that dispenses
 1011  marijuana and marijuana delivery devices shall make available to
 1012  the public on its website:
 1013         1. Each marijuana and low-THC product available for
 1014  purchase, including the form, strain of marijuana from which it
 1015  was extracted, cannabidiol content, tetrahydrocannabinol
 1016  content, dose unit, total number of doses available, and the
 1017  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1018         2. The price for a 30-day, 50-day, and 70-day supply at a
 1019  standard dose for each marijuana and low-THC product available
 1020  for purchase.
 1021         3. The price for each marijuana delivery device available
 1022  for purchase.
 1023         4. If applicable, any discount policies and eligibility
 1024  criteria for such discounts.
 1025         (j) Medical marijuana treatment centers are the sole source
 1026  from which a qualified patient may legally obtain marijuana.
 1027         (k) The department may adopt rules pursuant to ss.
 1028  120.536(1) and 120.54 to implement this subsection.
 1029         (9) BACKGROUND SCREENING.—An individual required to undergo
 1030  a background screening pursuant to this section must pass a
 1031  level 2 background screening as provided under chapter 435,
 1032  which, in addition to the disqualifying offenses provided in s.
 1033  435.04, shall exclude an individual who has an arrest awaiting
 1034  final disposition for, has been found guilty of, regardless of
 1035  adjudication, or has entered a plea of nolo contendere or guilty
 1036  to, an offense under chapter 837, chapter 895, or chapter 896 or
 1037  similar law of another jurisdiction.
 1038         (a) Such individual must submit a full set of fingerprints
 1039  to the department or to a vendor, entity, or agency authorized
 1040  by s. 943.053(13). The department, vendor, entity, or agency
 1041  shall forward the fingerprints to the Department of Law
 1042  Enforcement for state processing, and the Department of Law
 1043  Enforcement shall forward the fingerprints to the Federal Bureau
 1044  of Investigation for national processing.
 1045         (b) Fees for state and federal fingerprint processing and
 1046  retention shall be borne by the individual. The state cost for
 1047  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1048  for records provided to persons or entities other than those
 1049  specified as exceptions therein.
 1050         (c) Fingerprints submitted to the Department of Law
 1051  Enforcement pursuant to this subsection shall be retained by the
 1052  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1053  (h) and, when the Department of Law Enforcement begins
 1054  participation in the program, enrolled in the Federal Bureau of
 1055  Investigation’s national retained print arrest notification
 1056  program. Any arrest record identified shall be reported to the
 1057  department.
 1058         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1059  ADMINISTRATIVE ACTIONS.—
 1060         (a) The department shall conduct announced or unannounced
 1061  inspections of medical marijuana treatment centers to determine
 1062  compliance with this section or rules adopted pursuant to this
 1063  section.
 1064         (b) The department shall inspect a medical marijuana
 1065  treatment center upon receiving a complaint or notice that the
 1066  medical marijuana treatment center has dispensed marijuana
 1067  containing mold, bacteria, or other contaminant that may cause
 1068  or has caused an adverse effect to human health or the
 1069  environment.
 1070         (c) The department shall conduct at least a biennial
 1071  inspection of each medical marijuana treatment center to
 1072  evaluate the medical marijuana treatment center’s records,
 1073  personnel, equipment, processes, security measures, sanitation
 1074  practices, and quality assurance practices.
 1075         (d) The Department of Agriculture and Consumer Services and
 1076  the department shall enter into an interagency agreement to
 1077  ensure cooperation and coordination in the performance of their
 1078  obligations under this section and their respective regulatory
 1079  and authorizing laws. The department, the Department of Highway
 1080  Safety and Motor Vehicles, and the Department of Law Enforcement
 1081  may enter into interagency agreements for the purposes specified
 1082  in this subsection or subsection (7).
 1083         (e) The department shall publish a list of all approved
 1084  medical marijuana treatment centers, medical directors, and
 1085  qualified physicians on its website.
 1086         (f) The department may impose reasonable fines not to
 1087  exceed $10,000 on a medical marijuana treatment center for any
 1088  of the following violations:
 1089         1. Violating this section or department rule.
 1090         2. Failing to maintain qualifications for approval.
 1091         3. Endangering the health, safety, or security of a
 1092  qualified patient.
 1093         4. Improperly disclosing personal and confidential
 1094  information of a qualified patient.
 1095         5. Attempting to procure medical marijuana treatment center
 1096  approval by bribery, fraudulent misrepresentation, or extortion.
 1097         6. Being convicted or found guilty of, or entering a plea
 1098  of guilty or nolo contendere to, regardless of adjudication, a
 1099  crime in any jurisdiction which directly relates to the business
 1100  of a medical marijuana treatment center.
 1101         7. Making or filing a report or record that the medical
 1102  marijuana treatment center knows to be false.
 1103         8. Willfully failing to maintain a record required by this
 1104  section or department rule.
 1105         9. Willfully impeding or obstructing an employee or agent
 1106  of the department in the furtherance of his or her official
 1107  duties.
 1108         10. Engaging in fraud or deceit, negligence, incompetence,
 1109  or misconduct in the business practices of a medical marijuana
 1110  treatment center.
 1111         11. Making misleading, deceptive, or fraudulent
 1112  representations in or related to the business practices of a
 1113  medical marijuana treatment center.
 1114         12. Having a license or the authority to engage in any
 1115  regulated profession, occupation, or business that is related to
 1116  the business practices of a medical marijuana treatment center
 1117  suspended, revoked, or otherwise acted against by the licensing
 1118  authority of any jurisdiction, including its agencies or
 1119  subdivisions, for a violation of Florida law.
 1120         13. Violating a lawful order of the department or an agency
 1121  of the state, or failing to comply with a lawfully issued
 1122  subpoena of the department or an agency of the state.
 1123         (g) The department may suspend, revoke, or refuse to renew
 1124  a medical marijuana treatment center license if the medical
 1125  marijuana treatment center commits any of the violations in
 1126  paragraph (f).
 1127         (h) The department may adopt rules pursuant to ss.
 1128  120.536(1) and 120.54 to implement this subsection.
 1129         (11) PREEMPTION.—Regulation of cultivation, processing, and
 1130  delivery of marijuana by medical marijuana treatment centers is
 1131  preempted to the state except as provided in this subsection.
 1132         (a) A medical marijuana treatment center cultivating or
 1133  processing facility may not be located within 500 feet of the
 1134  real property that comprises a public or private elementary
 1135  school, middle school, or secondary school.
 1136         (b) A municipality may determine by ordinance the criteria
 1137  for the number and location of, and other permitting
 1138  requirements that do not conflict with state law or department
 1139  rule for, medical marijuana treatment center dispensing
 1140  facilities located within the boundaries of the municipality. A
 1141  county may determine by ordinance the criteria for the number
 1142  and location of, and other permitting requirements that do not
 1143  conflict with state law or department rule for, all such
 1144  dispensing facilities located within the unincorporated areas of
 1145  that county. Except as provided in paragraph (c), a county or
 1146  municipality may not enact ordinances for permitting or for
 1147  determining the location of dispensing facilities which are more
 1148  restrictive than that its ordinances permitting or determining
 1149  the locations for pharmacies licensed under chapter 465. A
 1150  municipality or county may not charge a medical marijuana
 1151  treatment center a license or permit fee in an amount greater
 1152  than the fee charged by such municipality or county to
 1153  pharmacies. A dispensing facility location approved by a
 1154  municipality or county pursuant to former s. 381.986(8)(b),
 1155  Florida Statutes 2016, is not subject to the location
 1156  requirements of this subsection.
 1157         (c) A medical marijuana treatment center dispensing
 1158  facility may not be located within 500 feet of the real property
 1159  that comprises a public or private elementary school, middle
 1160  school, or secondary school unless the county or municipality
 1161  approves the location through a formal proceeding open to the
 1162  public at which the county or municipality determines that the
 1163  location promotes the public health, safety, and general welfare
 1164  of the community.
 1165         (d) This subsection does not prohibit any local
 1166  jurisdiction from ensuring medical marijuana treatment center
 1167  facilities comply with the Florida Building Code, the Florida
 1168  Fire Prevention Code, or any local amendments to the Florida
 1169  Building Code or the Florida Fire Prevention Code.
 1170         (12) PENALTIES.—
 1171         (a) A qualified physician commits a misdemeanor of the
 1172  first degree, punishable as provided in s. 775.082 or s.
 1173  775.083, if the qualified physician issues a physician
 1174  certification for the medical use of marijuana to a patient
 1175  without a reasonable belief that the patient is suffering from a
 1176  qualifying medical condition.
 1177         (b) A person who fraudulently represents that he or she has
 1178  a qualifying medical condition to a qualified physician for the
 1179  purpose of being issued a physician certification commits a
 1180  misdemeanor of the first degree, punishable as provided in s.
 1181  775.082 or s. 775.083.
 1182         (c) A qualified patient who uses marijuana, not including
 1183  low-THC cannabis, or a caregiver who administers marijuana, not
 1184  including low-THC cannabis, in plain view of or in a place open
 1185  to the general public; in a school bus, a vehicle, an aircraft,
 1186  or a boat; or on the grounds of a school except as provided in
 1187  s. 1006.062, commits a misdemeanor of the first degree,
 1188  punishable as provided in s. 775.082 or s. 775.083.
 1189         (d) A qualified patient or caregiver who cultivates
 1190  marijuana or who purchases or acquires marijuana from any person
 1191  or entity other than a medical marijuana treatment center
 1192  violates s. 893.13 and is subject to the penalties provided
 1193  therein.
 1194         (e)1. A qualified patient or caregiver in possession of
 1195  marijuana or a marijuana delivery device who fails or refuses to
 1196  present his or her marijuana use registry identification card
 1197  upon the request of a law enforcement officer commits a
 1198  misdemeanor of the second degree, punishable as provided in s.
 1199  775.082 or s. 775.083, unless it can be determined through the
 1200  medical marijuana use registry that the person is authorized to
 1201  be in possession of that marijuana or marijuana delivery device.
 1202         2. A person charged with a violation of this paragraph may
 1203  not be convicted if, before or at the time of his or her court
 1204  or hearing appearance, the person produces in court or to the
 1205  clerk of the court in which the charge is pending a medical
 1206  marijuana use registry identification card issued to him or her
 1207  which is valid at the time of his or her arrest. The clerk of
 1208  the court is authorized to dismiss such case at any time before
 1209  the defendant’s appearance in court. The clerk of the court may
 1210  assess a fee of $5 for dismissing the case under this paragraph.
 1211         (f) A caregiver who violates any of the applicable
 1212  provisions of this section or applicable department rules, for
 1213  the first offense, commits a misdemeanor of the second degree,
 1214  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1215  second or subsequent offense, commits a misdemeanor of the first
 1216  degree, punishable as provided in s. 775.082 or s. 775.083.
 1217         (g) A qualified physician who issues a physician
 1218  certification for marijuana or a marijuana delivery device and
 1219  receives compensation from a medical marijuana treatment center
 1220  related to the issuance of a physician certification for
 1221  marijuana or a marijuana delivery device is subject to
 1222  disciplinary action under the applicable practice act and s.
 1223  456.072(1)(n).
 1224         (h) A person transporting marijuana or marijuana delivery
 1225  devices on behalf of a medical marijuana treatment center or
 1226  marijuana testing laboratory who fails or refuses to present a
 1227  transportation manifest upon the request of a law enforcement
 1228  officer commits a misdemeanor of the second degree, punishable
 1229  as provided in s. 775.082 or s. 775.083.
 1230         (i) Persons and entities conducting activities authorized
 1231  and governed by this section and s. 381.988 are subject to ss.
 1232  456.053, 456.054, and 817.505, as applicable.
 1233         (j) A person or entity that cultivates, processes,
 1234  distributes, sells, or dispenses marijuana, as defined in s.
 1235  29(b)(4), Art. X of the State Constitution, and is not licensed
 1236  as a medical marijuana treatment center violates s. 893.13 and
 1237  is subject to the penalties provided therein.
 1238         (13) UNLICENSED ACTIVITY.—
 1239         (a) If the department has probable cause to believe that a
 1240  person or entity that is not registered or licensed with the
 1241  department has violated this section, s. 381.988, or any rule
 1242  adopted pursuant to this section, the department may issue and
 1243  deliver to such person or entity a notice to cease and desist
 1244  from such violation. The department also may issue and deliver a
 1245  notice to cease and desist to any person or entity who aids and
 1246  abets such unlicensed activity. The issuance of a notice to
 1247  cease and desist does not constitute agency action for which a
 1248  hearing under s. 120.569 or s. 120.57 may be sought. For the
 1249  purpose of enforcing a cease and desist order, the department
 1250  may file a proceeding in the name of the state seeking issuance
 1251  of an injunction or a writ of mandamus against any person or
 1252  entity who violates any such order.
 1253         (b) In addition to the remedies under paragraph (a), the
 1254  department may impose by citation an administrative penalty not
 1255  to exceed $5,000 per incident. The citation shall be issued to
 1256  the subject and shall contain the subject’s name and any other
 1257  information the department determines to be necessary to
 1258  identify the subject, a brief factual statement, the sections of
 1259  the law allegedly violated, and the penalty imposed. If the
 1260  subject does not dispute the matter in the citation with the
 1261  department within 30 days after the citation is served, the
 1262  citation shall become a final order of the department. The
 1263  department may adopt rules pursuant to ss. 120.536(1) and 120.54
 1264  to implement this section. Each day that the unlicensed activity
 1265  continues after issuance of a notice to cease and desist
 1266  constitutes a separate violation. The department shall be
 1267  entitled to recover the costs of investigation and prosecution
 1268  in addition to the fine levied pursuant to the citation. Service
 1269  of a citation may be made by personal service or by mail to the
 1270  subject at the subject’s last known address or place of
 1271  practice. If the department is required to seek enforcement of
 1272  the cease and desist or agency order, it shall be entitled to
 1273  collect attorney fees and costs.
 1274         (c) In addition to or in lieu of any other administrative
 1275  remedy, the department may seek the imposition of a civil
 1276  penalty through the circuit court for any violation for which
 1277  the department may issue a notice to cease and desist. The civil
 1278  penalty shall be no less than $5,000 and no more than $10,000
 1279  for each offense. The court may also award to the prevailing
 1280  party court costs and reasonable attorney fees and, in the event
 1281  the department prevails, may also award reasonable costs of
 1282  investigation and prosecution.
 1283         (d) In addition to the other remedies provided in this
 1284  section, the department or any state attorney may bring an
 1285  action for an injunction to restrain any unlicensed activity or
 1286  to enjoin the future operation or maintenance of the unlicensed
 1287  activity or the performance of any service in violation of this
 1288  section.
 1289         (e) The department must notify local law enforcement of
 1290  such unlicensed activity for a determination of any criminal
 1291  violation of chapter 893.
 1292         (14) EXCEPTIONS TO OTHER LAWS.—
 1293         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1294  any other provision of law, but subject to the requirements of
 1295  this section, a qualified patient and the qualified patient’s
 1296  caregiver may purchase from a medical marijuana treatment center
 1297  for the patient’s medical use a marijuana delivery device and up
 1298  to the amount of marijuana authorized in the physician
 1299  certification, but may not possess more than a 70-day supply of
 1300  marijuana at any given time and all marijuana purchased must
 1301  remain in its original packaging.
 1302         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1303  any other provision of law, but subject to the requirements of
 1304  this section, an approved medical marijuana treatment center and
 1305  its owners, managers, and employees may manufacture, possess,
 1306  sell, deliver, distribute, dispense, and lawfully dispose of
 1307  marijuana or a marijuana delivery device as provided in this
 1308  section, s. 381.988, and by department rule. For purposes of
 1309  this subsection, the terms “manufacture,” “possession,”
 1310  “deliver,” “distribute,” and “dispense” have the same meanings
 1311  as provided in s. 893.02.
 1312         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1313  any other provision of law, but subject to the requirements of
 1314  this section, a certified marijuana testing laboratory,
 1315  including an employee of a certified marijuana testing
 1316  laboratory acting within the scope of his or her employment, may
 1317  acquire, possess, test, transport, and lawfully dispose of
 1318  marijuana as provided in this section, in s. 381.988, and by
 1319  department rule.
 1320         (d) A licensed medical marijuana treatment center and its
 1321  owners, managers, and employees are not subject to licensure or
 1322  regulation under chapter 465 or chapter 499 for manufacturing,
 1323  possessing, selling, delivering, distributing, dispensing, or
 1324  lawfully disposing of marijuana or a marijuana delivery device,
 1325  as provided in this section, s. 381.988, and by department rule.
 1326         (e) This subsection does not exempt a person from
 1327  prosecution for a criminal offense related to impairment or
 1328  intoxication resulting from the medical use of marijuana or
 1329  relieve a person from any requirement under law to submit to a
 1330  breath, blood, urine, or other test to detect the presence of a
 1331  controlled substance.
 1332         (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1333  any other provision of law, but subject to the requirements of
 1334  this section and pursuant to policies and procedures established
 1335  pursuant to s. 1006.62(8), school personnel may possess
 1336  marijuana that is obtained for medical use pursuant to this
 1337  section by a student who is a qualified patient.
 1338         (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1339  any other provision of law, but subject to the requirements of
 1340  this section, a research institute established by a public
 1341  postsecondary educational institution, such as the H. Lee
 1342  Moffitt Cancer Center and Research Institute established under
 1343  s. 1004.43 or a state university that has achieved the
 1344  preeminent state research university designation under s.
 1345  1001.7065, may possess, test, transport, and lawfully dispose of
 1346  marijuana for research purposes as provided by this section.
 1347         (15) APPLICABILITY.—This section does not limit the ability
 1348  of an employer to establish, continue, or enforce a drug-free
 1349  workplace program or policy. This section does not require an
 1350  employer to accommodate the medical use of marijuana in any
 1351  workplace or any employee working while under the influence of
 1352  marijuana. This section does not create a cause of action
 1353  against an employer for wrongful discharge or discrimination.
 1354         Section 3. Paragraph (uu) is added to subsection (1) of
 1355  section 458.331, Florida Statutes, to read:
 1356         458.331 Grounds for disciplinary action; action by the
 1357  board and department.—
 1358         (1) The following acts constitute grounds for denial of a
 1359  license or disciplinary action, as specified in s. 456.072(2):
 1360         (uu) Issuing a physician certification, as defined in s.
 1361  381.986, in a manner out of compliance with the requirements of
 1362  that section and rules adopted thereunder.
 1363         Section 4. Paragraph (ww) is added to subsection (1) of
 1364  section 459.015, Florida Statutes, to read:
 1365         459.015 Grounds for disciplinary action; action by the
 1366  board and department.—
 1367         (1) The following acts constitute grounds for denial of a
 1368  license or disciplinary action, as specified in s. 456.072(2):
 1369         (ww) Issuing a physician certification, as defined in s.
 1370  381.986, in a manner not in compliance with the requirements of
 1371  that section and rules adopted thereunder.
 1372         Section 5. Section 381.988, Florida Statutes, is created to
 1373  read:
 1374         381.988 Medical marijuana testing laboratories; marijuana
 1375  tests conducted by a certified laboratory.—
 1376         (1) A person or entity seeking to be a certified marijuana
 1377  testing laboratory must:
 1378         (a) Not be owned or controlled by a medical marijuana
 1379  treatment center.
 1380         (b) Submit a completed application accompanied by an
 1381  application fee, as established by department rule.
 1382         (c) Submit proof of an accreditation or a certification
 1383  approved by the department issued by an accreditation or a
 1384  certification organization approved by the department. The
 1385  department shall adopt by rule a list of approved laboratory
 1386  accreditations or certifications and accreditation or
 1387  certification organizations.
 1388         (d) Require all owners and managers to submit to and pass a
 1389  level 2 background screening pursuant to s. 435.04 and shall
 1390  deny certification if the person or entity has been found guilty
 1391  of, or has entered a plea of guilty or nolo contendere to,
 1392  regardless of adjudication, any offense listed in chapter 837,
 1393  chapter 895, or chapter 896 or similar law of another
 1394  jurisdiction.
 1395         1. Such owners and managers must submit a full set of
 1396  fingerprints to the department or to a vendor, entity, or agency
 1397  authorized by s. 943.053(13). The department, vendor, entity, or
 1398  agency shall forward the fingerprints to the Department of Law
 1399  Enforcement for state processing, and the Department of Law
 1400  Enforcement shall forward the fingerprints to the Federal Bureau
 1401  of Investigation for national processing.
 1402         2. Fees for state and federal fingerprint processing and
 1403  retention shall be borne by such owners or managers. The state
 1404  cost for fingerprint processing shall be as provided in s.
 1405  943.053(3)(e) for records provided to persons or entities other
 1406  than those specified as exceptions therein.
 1407         3. Fingerprints submitted to the Department of Law
 1408  Enforcement pursuant to this paragraph shall be retained by the
 1409  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1410  (h) and, when the Department of Law Enforcement begins
 1411  participation in the program, enrolled in the Federal Bureau of
 1412  Investigation’s national retained print arrest notification
 1413  program. Any arrest record identified shall be reported to the
 1414  department.
 1415         (e) Demonstrate to the department the capability of meeting
 1416  the standards for certification required by this subsection, and
 1417  the testing requirements of s. 381.986 and this section and
 1418  rules adopted thereunder.
 1419         (2) The department shall adopt rules pursuant to ss.
 1420  120.536(1) and 120.54 establishing a procedure for initial
 1421  certification and biennial renewal, including initial
 1422  application and biennial renewal fees sufficient to cover the
 1423  costs of administering this certification program. The
 1424  department shall renew the certification biennially if the
 1425  laboratory meets the requirements of this section and pays the
 1426  biennial renewal fee.
 1427         (3) The department shall adopt rules pursuant to ss.
 1428  120.536(1) and 120.54 establishing the standards for
 1429  certification of marijuana testing laboratories under this
 1430  section. The Department of Agriculture and Consumer Services and
 1431  the Department of Environmental Protection shall assist the
 1432  department in developing the rule, which must include, but is
 1433  not limited to:
 1434         (a) Security standards.
 1435         (b) Minimum standards for personnel.
 1436         (c) Sample collection method and process standards.
 1437         (d) Proficiency testing for tetrahydrocannabinol potency,
 1438  concentration of cannabidiol, and contaminants unsafe for human
 1439  consumption, as determined by department rule.
 1440         (e) Reporting content, format, and frequency.
 1441         (f) Audits and onsite inspections.
 1442         (g) Quality assurance.
 1443         (h) Equipment and methodology.
 1444         (i) Chain of custody.
 1445         (j) Any other standard the department deems necessary to
 1446  ensure the health and safety of the public.
 1447         (4) A marijuana testing laboratory may acquire marijuana
 1448  only from a medical marijuana treatment center. A marijuana
 1449  testing laboratory is prohibited from selling, distributing, or
 1450  transferring marijuana received from a marijuana treatment
 1451  center, except that a marijuana testing laboratory may transfer
 1452  a sample to another marijuana testing laboratory in this state.
 1453         (5) A marijuana testing laboratory must properly dispose of
 1454  all samples it receives, unless transferred to another marijuana
 1455  testing laboratory, after all necessary tests have been
 1456  conducted and any required period of storage has elapsed, as
 1457  established by department rule.
 1458         (6) A marijuana testing laboratory shall use the computer
 1459  software tracking system selected by the department under s.
 1460  381.986.
 1461         (7) The following acts constitute grounds for which
 1462  disciplinary action specified in subsection (8) may be taken
 1463  against a certified marijuana testing laboratory:
 1464         (a) Permitting unauthorized persons to perform technical
 1465  procedures or issue reports.
 1466         (b) Demonstrating incompetence or making consistent errors
 1467  in the performance of testing or erroneous reporting.
 1468         (c) Performing a test and rendering a report thereon to a
 1469  person or entity not authorized by law to receive such services.
 1470         (d) Failing to file any report required under this section
 1471  or s. 381.986 or the rules adopted thereunder.
 1472         (e) Reporting a test result if the test was not performed.
 1473         (f) Failing to correct deficiencies within the time
 1474  required by the department.
 1475         (g) Violating or aiding and abetting in the violation of
 1476  any provision of s. 381.986 or this section or any rules adopted
 1477  thereunder.
 1478         (8) The department may refuse to issue or renew, or may
 1479  suspend or revoke, the certification of a marijuana testing
 1480  laboratory that is found to be in violation of this section or
 1481  any rules adopted hereunder. The department may impose fines for
 1482  violations of this section or rules adopted thereunder, based on
 1483  a schedule adopted in rule. In determining the administrative
 1484  action to be imposed for a violation, the department must
 1485  consider the following factors:
 1486         (a) The severity of the violation, including the
 1487  probability of death or serious harm to the health or safety of
 1488  any person that may result or has resulted; the severity or
 1489  potential harm; and the extent to which the provisions of s.
 1490  381.986 or this section were violated.
 1491         (b) The actions taken by the marijuana testing laboratory
 1492  to correct the violation or to remedy the complaint.
 1493         (c) Any previous violation by the marijuana testing
 1494  laboratory.
 1495         (d) The financial benefit to the marijuana testing
 1496  laboratory of committing or continuing the violation.
 1497         (9) The department may adopt rules pursuant to ss.
 1498  120.536(1) and 120.54 to implement this section.
 1499         Section 6. Section 381.989, Florida Statutes, is created to
 1500  read:
 1501         381.989 Public education campaigns.—
 1502         (1) DEFINITIONS.—As used in this section, the term:
 1503         (a) “Cannabis” has the same meaning as in s. 893.02.
 1504         (b) “Department” means the Department of Health.
 1505         (c) “Marijuana” has the same meaning as in s. 381.986.
 1506         (2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT
 1507  USE PREVENTION CAMPAIGN.—
 1508         (a) The department shall implement a statewide cannabis and
 1509  marijuana education and illicit use prevention campaign to
 1510  publicize accurate information regarding:
 1511         1. The legal requirements for licit use and possession of
 1512  marijuana in this state.
 1513         2. Safe use of marijuana, including preventing access by
 1514  persons other than qualified patients as defined in s. 381.986,
 1515  particularly children.
 1516         3. The short-term and long-term health effects of cannabis
 1517  and marijuana use, particularly on minors and young adults.
 1518         4. Other cannabis-related and marijuana-related education
 1519  determined by the department to be necessary to the public
 1520  health and safety.
 1521         (b) The department shall provide educational materials
 1522  regarding the eligibility for medical use of marijuana by
 1523  individuals diagnosed with a terminal condition to individuals
 1524  that provide palliative care or hospice services.
 1525         (c) The department may use television messaging, radio
 1526  broadcasts, print media, digital strategies, social media, and
 1527  any other form of messaging deemed necessary and appropriate by
 1528  the department to implement the campaign. The department may
 1529  work with school districts, community organizations, and
 1530  businesses and business organizations and other entities to
 1531  provide training and programming.
 1532         (d) The department may contract with one or more vendors to
 1533  implement the campaign.
 1534         (e) The department shall contract with an independent
 1535  entity to conduct annual evaluations of the campaign. The
 1536  evaluations shall assess the reach and impact of the campaign,
 1537  success in educating the citizens of the state regarding the
 1538  legal parameters for marijuana use, success in preventing
 1539  illicit access by adults and youth, and success in preventing
 1540  negative health impacts from the legalization of marijuana. The
 1541  first year of the program, the evaluator shall conduct surveys
 1542  to establish baseline data on youth and adult cannabis use, the
 1543  attitudes of youth and the general public toward cannabis and
 1544  marijuana, and any other data deemed necessary for long-term
 1545  analysis. By January 31 of each year, the department shall
 1546  submit to the Governor, the President of the Senate, and the
 1547  Speaker of the House of Representatives the annual evaluation of
 1548  the campaign.
 1549         (3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.—
 1550         (a) The Department of Highway Safety and Motor Vehicles
 1551  shall implement a statewide impaired driving education campaign
 1552  to raise awareness and prevent marijuana-related and cannabis
 1553  related impaired driving and may contract with one or more
 1554  vendors to implement the campaign. The Department of Highway
 1555  Safety and Motor Vehicles may use television messaging, radio
 1556  broadcasts, print media, digital strategies, social media, and
 1557  any other form of messaging deemed necessary and appropriate by
 1558  the department to implement the campaign.
 1559         (b) At a minimum, the Department of Highway Safety and
 1560  Motor Vehicles or a contracted vendor shall establish baseline
 1561  data on the number of marijuana-related citations for driving
 1562  under the influence, marijuana-related traffic arrests,
 1563  marijuana-related traffic accidents, and marijuana-related
 1564  traffic fatalities, and shall track these measures annually
 1565  thereafter. The Department of Highway Safety and Motor Vehicles
 1566  or a contracted vendor shall annually evaluate and compile a
 1567  report on the efficacy of the campaign based on those measures
 1568  and other measures established by the Department of Highway
 1569  Safety and Motor Vehicles. By January 31 of each year, the
 1570  Department of Highway Safety and Motor Vehicles shall submit the
 1571  report on the evaluation of the campaign to the Governor, the
 1572  President of the Senate, and the Speaker of the House of
 1573  Representatives.
 1574         Section 7. Subsection (1) of section 385.211, Florida
 1575  Statutes, is amended to read:
 1576         385.211 Refractory and intractable epilepsy treatment and
 1577  research at recognized medical centers.—
 1578         (1) As used in this section, the term “low-THC cannabis”
 1579  means “low-THC cannabis” as defined in s. 381.986 that is
 1580  dispensed only from a dispensing organization as defined in
 1581  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1582  treatment center as defined in s. 381.986.
 1583         Section 8. Paragraphs (b) through (e) of subsection (2) of
 1584  section 499.0295, Florida Statutes, are redesignated as
 1585  paragraphs (a) through (d), respectively, and present paragraphs
 1586  (a) and (c) of that subsection, and subsection (3) of that
 1587  section are amended, to read:
 1588         499.0295 Experimental treatments for terminal conditions.—
 1589         (2) As used in this section, the term:
 1590         (a) “Dispensing organization” means an organization
 1591  approved by the Department of Health under s. 381.986(5) to
 1592  cultivate, process, transport, and dispense low-THC cannabis,
 1593  medical cannabis, and cannabis delivery devices.
 1594         (b)(c) “Investigational drug, biological product, or
 1595  device” means:
 1596         1. a drug, biological product, or device that has
 1597  successfully completed phase 1 of a clinical trial but has not
 1598  been approved for general use by the United States Food and Drug
 1599  Administration and remains under investigation in a clinical
 1600  trial approved by the United States Food and Drug
 1601  Administration; or
 1602         2. Medical cannabis that is manufactured and sold by a
 1603  dispensing organization.
 1604         (3) Upon the request of an eligible patient, a manufacturer
 1605  may, or upon a physician’s order pursuant to s. 381.986, a
 1606  dispensing organization may:
 1607         (a) Make its investigational drug, biological product, or
 1608  device available under this section.
 1609         (b) Provide an investigational drug, biological product, or
 1610  device, or cannabis delivery device as defined in s. 381.986 to
 1611  an eligible patient without receiving compensation.
 1612         (c) Require an eligible patient to pay the costs of, or the
 1613  costs associated with, the manufacture of the investigational
 1614  drug, biological product, or device, or cannabis delivery device
 1615  as defined in s. 381.986.
 1616         Section 9. Subsection (3) of section 893.02, Florida
 1617  Statutes, is amended to read:
 1618         893.02 Definitions.—The following words and phrases as used
 1619  in this chapter shall have the following meanings, unless the
 1620  context otherwise requires:
 1621         (3) “Cannabis” means all parts of any plant of the genus
 1622  Cannabis, whether growing or not; the seeds thereof; the resin
 1623  extracted from any part of the plant; and every compound,
 1624  manufacture, salt, derivative, mixture, or preparation of the
 1625  plant or its seeds or resin. The term does not include
 1626  “marijuana,” “low-THC cannabis,” as defined in s. 381.986, if
 1627  manufactured, possessed, sold, purchased, delivered,
 1628  distributed, or dispensed, in conformance with s. 381.986.
 1629         Section 10. Section 1004.4351, Florida Statutes, is created
 1630  to read:
 1631         1004.4351 Medical marijuana research and education.—
 1632         (1) SHORT TITLE.—This section shall be known and may be
 1633  cited as the “Medical Marijuana Research and Education Act.”
 1634         (2) LEGISLATIVE FINDINGS.—The Legislature finds that:
 1635         (a) The present state of knowledge concerning the use of
 1636  marijuana to alleviate pain and treat illnesses is limited
 1637  because permission to perform clinical studies on marijuana is
 1638  difficult to obtain, with access to research-grade marijuana so
 1639  restricted that little or no unbiased studies have been
 1640  performed.
 1641         (b) Under the State Constitution, marijuana is available
 1642  for the treatment of certain debilitating medical conditions.
 1643         (c) Additional clinical studies are needed to ensure that
 1644  the residents of this state obtain the correct dosing,
 1645  formulation, route, modality, frequency, quantity, and quality
 1646  of marijuana for specific illnesses.
 1647         (d) An effective medical marijuana research and education
 1648  program would mobilize the scientific, educational, and medical
 1649  resources that presently exist in this state to determine the
 1650  appropriate and best use of marijuana to treat illness.
 1651         (3) DEFINITIONS.—As used in this section, the term:
 1652         (a) “Board” means the Medical Marijuana Research and
 1653  Education Board.
 1654         (b) “Coalition” means the Coalition for Medical Marijuana
 1655  Research and Education.
 1656         (c) “Marijuana” has the same meaning as provided in s. 29,
 1657  Art. X of the State Constitution.
 1658         (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND
 1659  EDUCATION.—
 1660         (a) There is established within the H. Lee Moffitt Cancer
 1661  Center and Research Institute, Inc., the Coalition for Medical
 1662  Marijuana Research and Education. The purpose of the coalition
 1663  is to conduct rigorous scientific research, provide education,
 1664  disseminate research, and guide policy for the adoption of a
 1665  statewide policy on ordering and dosing practices for the
 1666  medical use of marijuana. The coalition shall be physically
 1667  located at the H. Lee Moffitt Cancer Center and Research
 1668  Institute, Inc.
 1669         (b) The Medical Marijuana Research and Education Board is
 1670  established to direct the operations of the coalition. The board
 1671  shall be composed of seven members appointed by the chief
 1672  executive officer of the H. Lee Moffitt Cancer Center and
 1673  Research Institute, Inc. Board members must have experience in a
 1674  variety of scientific and medical fields, including, but not
 1675  limited to, oncology, neurology, psychology, pediatrics,
 1676  nutrition, and addiction. Members shall be appointed to 4-year
 1677  terms and may be reappointed to serve additional terms. The
 1678  chair shall be elected by the board from among its members to
 1679  serve a 2-year term. The board shall meet no less than
 1680  semiannually at the call of the chair or, in his or her absence
 1681  or incapacity, the vice chair. Four members constitute a quorum.
 1682  A majority vote of the members present is required for all
 1683  actions of the board. The board may prescribe, amend, and repeal
 1684  a charter governing the manner in which it conducts its
 1685  business. A board member shall serve without compensation but is
 1686  entitled to be reimbursed for travel expenses by the coalition
 1687  or the organization he or she represents in accordance with s.
 1688  112.061.
 1689         (c) The coalition shall be administered by a coalition
 1690  director, who shall be appointed by and serve at the pleasure of
 1691  the board. The coalition director shall, subject to the approval
 1692  of the board:
 1693         1. Propose a budget for the coalition.
 1694         2. Foster the collaboration of scientists, researchers, and
 1695  other appropriate personnel in accordance with the coalition’s
 1696  charter.
 1697         3. Identify and prioritize the research to be conducted by
 1698  the coalition.
 1699         4. Prepare the Medical Marijuana Research and Education
 1700  Plan for submission to the board.
 1701         5. Apply for grants to obtain funding for research
 1702  conducted by the coalition.
 1703         6. Perform other duties as determined by the board.
 1704         (d) The board shall advise the Board of Governors, the
 1705  State Surgeon General, the Governor, and the Legislature with
 1706  respect to medical marijuana research and education in this
 1707  state. The board shall explore methods of implementing and
 1708  enforcing medical marijuana laws in relation to cancer control,
 1709  research, treatment, and education.
 1710         (e) The board shall annually adopt a plan for medical
 1711  marijuana research, known as the “Medical Marijuana Research and
 1712  Education Plan,” which must be in accordance with state law and
 1713  coordinate with existing programs in this state. The plan must
 1714  include recommendations for the coordination and integration of
 1715  medical, pharmacological, nursing, paramedical, community, and
 1716  other resources connected with the treatment of debilitating
 1717  medical conditions; research related to the treatment of such
 1718  medical conditions; and education.
 1719         (f) By February 15 of each year, the board shall issue a
 1720  report to the Governor, the President of the Senate, and the
 1721  Speaker of the House of Representatives on research projects,
 1722  community outreach initiatives, and future plans for the
 1723  coalition.
 1724         (g) Beginning January 15, 2018, and quarterly thereafter,
 1725  the Department of Health shall submit to the board a data set
 1726  that includes, for each patient registered in the medical
 1727  marijuana use registry, the patient’s qualifying medical
 1728  condition and the daily dose amount and forms of marijuana
 1729  certified for the patient.
 1730         (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
 1731  AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
 1732  and Research Institute, Inc., shall allocate staff and provide
 1733  information and assistance, as the coalition’s budget permits,
 1734  to assist the board in fulfilling its responsibilities.
 1735         Section 11. Subsection (1) of section 1004.441, Florida
 1736  Statutes, is amended to read:
 1737         1004.441 Refractory and intractable epilepsy treatment and
 1738  research.—
 1739         (1) As used in this section, the term “low-THC cannabis”
 1740  means “low-THC cannabis” as defined in s. 381.986 that is
 1741  dispensed only from a dispensing organization as defined in
 1742  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1743  treatment center as defined in s. 381.986.
 1744         Section 12. Subsection (8) is added to section 1006.062,
 1745  Florida Statutes, to read:
 1746         1006.062 Administration of medication and provision of
 1747  medical services by district school board personnel.—
 1748         (8) Each district school board shall adopt a policy and a
 1749  procedure for allowing a student who is a qualified patient, as
 1750  defined in s. 381.986, to use marijuana obtained pursuant to
 1751  that section. Such policy and procedure shall ensure access by
 1752  the qualified patient; identify how the marijuana will be
 1753  received, accounted for, and stored; and establish processes to
 1754  prevent access by other students and school personnel
 1755  unnecessary to the implementation of the policy.
 1756         Section 13. Department of Health; authority to adopt rules;
 1757  cause of action.—
 1758         (1) EMERGENCY RULEMAKING.—
 1759         (a) The Department of Health and the applicable boards
 1760  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 1761  Statutes, and this section necessary to implement ss. 381.986
 1762  and 381.988, Florida Statutes. If an emergency rule adopted
 1763  under this section is held to be unconstitutional or an invalid
 1764  exercise of delegated legislative authority, and becomes void,
 1765  the department or the applicable boards may adopt an emergency
 1766  rule pursuant to this section to replace the rule that has
 1767  become void. If the emergency rule adopted to replace the void
 1768  emergency rule is also held to be unconstitutional or an invalid
 1769  exercise of delegated legislative authority and becomes void,
 1770  the department and the applicable boards must follow the
 1771  nonemergency rulemaking procedures of the Administrative
 1772  Procedures Act to replace the rule that has become void.
 1773         (b) For emergency rules adopted under this section, the
 1774  department and the applicable boards need not make the findings
 1775  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 1776  adopted under this section are exempt from ss. 120.54(3)(b) and
 1777  120.541, Florida Statutes. The department and the applicable
 1778  boards shall meet the procedural requirements in s. 120.54(a),
 1779  Florida Statutes, if the department or the applicable boards
 1780  have, prior to the effective date of this act, held any public
 1781  workshops or hearings on the subject matter of the emergency
 1782  rules adopted under this subsection. Challenges to emergency
 1783  rules adopted under this subsection shall be subject to the time
 1784  schedules provided in s. 120.56(5), Florida Statutes.
 1785         (c) Emergency rules adopted under this section are exempt
 1786  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 1787  effect until replaced by rules adopted under the nonemergency
 1788  rulemaking procedures of the Administrative Procedures Act. By
 1789  January 1, 2018, the department and the applicable boards shall
 1790  initiate nonemergency rulemaking pursuant to the Administrative
 1791  Procedures Act to replace all emergency rules adopted under this
 1792  section by publishing a notice of rule development in the
 1793  Florida Administrative Register. Except as provided in paragraph
 1794  (a), after January 1, 2018, the department and applicable boards
 1795  may not adopt rules pursuant to the emergency rulemaking
 1796  procedures provided in this section.
 1797         (2) CAUSE OF ACTION.—
 1798         (a) As used in s. 29(d)(3), Art. X of the State
 1799  Constitution, the term:
 1800         1. “Issue regulations” means the filing by the department
 1801  of a rule or emergency rule for adoption with the Department of
 1802  State.
 1803         2. “Judicial relief” means an action for declaratory
 1804  judgment pursuant to chapter 86, Florida Statutes.
 1805         (b) The venue for actions brought against the department
 1806  pursuant to s. 29(d)(3), Art. X of the State Constitution shall
 1807  be in the circuit court in and for Leon County.
 1808         (c) If the department is not issuing patient and caregiver
 1809  identification cards or licensing medical marijuana treatment
 1810  centers by October 3, 2017, the following shall be a defense to
 1811  a cause of action brought under s. 29(d)(3), Art. X of the State
 1812  Constitution:
 1813         1. The department is unable to issue patient and caregiver
 1814  identification cards or license medical marijuana treatment
 1815  centers due to litigation challenging a rule as an invalid
 1816  exercise of delegated legislative authority or unconstitutional.
 1817         2. The department is unable to issue patient or caregiver
 1818  identification cards or license medical marijuana treatment
 1819  centers due to a rule being held as an invalid exercise of
 1820  delegated legislative authority or unconstitutional.
 1821         Section 14. Department of Law Enforcement; training related
 1822  to medical use of marijuana.—The Department of Law Enforcement
 1823  shall develop a 4-hour online initial training course, and a 2
 1824  hour online continuing education course, which shall be made
 1825  available for use by all law enforcement agencies in this state.
 1826  Such training shall cover the legal parameters of marijuana
 1827  related activities governed by ss. 381.986 and 381.988, Florida
 1828  Statutes, relating to criminal laws governing marijuana.
 1829         Section 15. Section 385.212, Florida Statutes, is amended
 1830  to read:
 1831         385.212 Powers and duties of the Department of Health;
 1832  Office of Medical Marijuana Compassionate Use.—
 1833         (1) The Department of Health shall establish an Office of
 1834  Medical Marijuana Compassionate Use under the direction of the
 1835  Deputy State Health Officer.
 1836         (2) The Office of Medical Marijuana Compassionate Use may
 1837  enhance access to investigational new drugs for Florida patients
 1838  through approved clinical treatment plans or studies. The Office
 1839  of Medical Marijuana Compassionate Use may:
 1840         (a) Create a network of state universities and medical
 1841  centers recognized pursuant to s. 381.925.
 1842         (b) Make any necessary application to the United States
 1843  Food and Drug Administration or a pharmaceutical manufacturer to
 1844  facilitate enhanced access to medical compassionate use of
 1845  marijuana for Florida patients.
 1846         (c) Enter into any agreements necessary to facilitate
 1847  enhanced access to medical compassionate use of marijuana for
 1848  Florida patients.
 1849         (3) The department may adopt rules necessary to implement
 1850  this section.
 1851         (4) The Office of Medical Marijuana Use shall administer
 1852  and enforce the provisions of s. 381.986.
 1853         Section 16. This act shall take effect upon becoming a law.
 1854  
 1855  ================= T I T L E  A M E N D M E N T ================
 1856  And the title is amended as follows:
 1857         Delete everything before the enacting clause
 1858  and insert:
 1859                        A bill to be entitled                      
 1860         An act relating to medical use of marijuana; amending
 1861         s. 212.08, F.S.; providing an exemption from the state
 1862         tax on sales, use, and other transactions for
 1863         marijuana and marijuana delivery devices used for
 1864         medical purposes; amending s. 381.986, F.S.;
 1865         providing, revising, and deleting definitions;
 1866         providing qualifying medical conditions for a patient
 1867         to be eligible to receive marijuana or a marijuana
 1868         delivery device; providing requirements for
 1869         designating a qualified physician or medical director;
 1870         providing criteria for certification of a patient for
 1871         medical marijuana treatment by a qualified physician;
 1872         providing for certain patients registered with the
 1873         medical marijuana use registry to be deemed qualified;
 1874         requiring the Department of Health to monitor
 1875         physician registration and certifications in the
 1876         medical marijuana use registry; requiring the Board of
 1877         Medicine and the Board of Osteopathic Medicine to
 1878         create a physician certification pattern review panel;
 1879         providing rulemaking authority to the department and
 1880         the boards; requiring the department to establish a
 1881         medical marijuana use registry; specifying entities
 1882         and persons who have access to the registry; providing
 1883         requirements for registration of, and maintenance of
 1884         registered status by, qualified patients and
 1885         caregivers; providing criteria for nonresidents to
 1886         prove residency for registration as a qualified
 1887         patient; defining the term “seasonal resident”;
 1888         authorizing the department to suspend or revoke the
 1889         registration of a patient or caregiver under certain
 1890         circumstances; providing requirements for the issuance
 1891         of medical marijuana use registry identification
 1892         cards; requiring the department to issue licenses to a
 1893         certain number of medical marijuana treatment centers;
 1894         providing for license renewal and revocation;
 1895         providing conditions for change of ownership;
 1896         providing for continuance of certain entities
 1897         authorized to dispense low-THC cannabis, medical
 1898         cannabis, and cannabis delivery devices; requiring a
 1899         medical marijuana treatment center to comply with
 1900         certain standards in the production and distribution
 1901         of edibles; requiring the department to establish,
 1902         maintain, and control a computer software seed-to-sale
 1903         marijuana tracking system; requiring background
 1904         screening of owners, officers, board members, and
 1905         managers of medical marijuana treatment centers;
 1906         requiring the department to establish protocols and
 1907         procedures for operation, conduct periodic
 1908         inspections, and restrict location of medical
 1909         marijuana treatment centers; providing a limit on
 1910         county and municipal permit fees; authorizing counties
 1911         and municipalities to determine the location of
 1912         medical marijuana treatment centers by ordinance under
 1913         certain conditions; providing penalties; authorizing
 1914         the department to impose sanctions on persons or
 1915         entities engaging in unlicensed activities; providing
 1916         that a person is not exempt from prosecution for
 1917         certain offenses and is not relieved from certain
 1918         requirements of law under certain circumstances;
 1919         providing for certain school personnel to possess
 1920         marijuana pursuant to certain established policies and
 1921         procedures; providing that certain research
 1922         institutions may possess, test, transport, and dispose
 1923         of marijuana subject to certain conditions; providing
 1924         applicability with respect to employer-instituted
 1925         drug-free workplace programs; amending ss. 458.331 and
 1926         459.015, F.S.; providing additional acts by a
 1927         physician or an osteopathic physician which constitute
 1928         grounds for denial of a license or disciplinary action
 1929         to which penalties apply; creating s. 381.988, F.S.;
 1930         providing for the establishment of medical marijuana
 1931         testing laboratories; requiring the Department of
 1932         Health, in collaboration with the Department of
 1933         Agriculture and Consumer Services and the Department
 1934         of Environmental Protection, to develop certification
 1935         standards and rules; providing limitations on the
 1936         acquisition and distribution of marijuana by a testing
 1937         laboratory; providing an exception for transfer of
 1938         marijuana under certain conditions; requiring a
 1939         testing laboratory to use a department-selected
 1940         computer tracking system; providing grounds for
 1941         disciplinary and administrative action; authorizing
 1942         the department to refuse to issue or renew, or suspend
 1943         or revoke, a testing laboratory license; creating s.
 1944         381.989, F.S.; defining terms; directing the
 1945         department and the Department of Highway Safety and
 1946         Motor Vehicles to institute public education campaigns
 1947         relating to cannabis and marijuana and impaired
 1948         driving; requiring evaluations of public education
 1949         campaigns; authorizing the department and the
 1950         Department of Highway Safety and Motor Vehicles to
 1951         contract with vendors to implement and evaluate the
 1952         campaigns; amending ss. 385.211, 499.0295, and 893.02,
 1953         F.S.; conforming provisions to changes made by the
 1954         act; creating s. 1004.4351, F.S.; providing a short
 1955         title; providing legislative findings; defining terms;
 1956         establishing the Coalition for Medical Marijuana
 1957         Research and Education within the H. Lee Moffitt
 1958         Cancer Center and Research Institute, Inc.; providing
 1959         a purpose for the coalition; establishing the Medical
 1960         Marijuana Research and Education Board to direct the
 1961         operations of the coalition; providing for the
 1962         appointment of board members; providing for terms of
 1963         office, reimbursement for certain expenses, and
 1964         meetings of the board; authorizing the board to
 1965         appoint a coalition director; prescribing the duties
 1966         of the coalition director; requiring the board to
 1967         advise specified entities and officials regarding
 1968         medical marijuana research and education in this
 1969         state; requiring the board to annually adopt a Medical
 1970         Marijuana Research and Education Plan; providing
 1971         requirements for the plan; requiring the board to
 1972         issue an annual report to the Governor and the
 1973         Legislature by a specified date; requiring the
 1974         Department of Health to submit reports to the board
 1975         containing specified data; specifying responsibilities
 1976         of the H. Lee Moffitt Cancer Center and Research
 1977         Institute, Inc.; amending s. 1004.441, F.S.; revising
 1978         a definition; amending s. 1006.062, F.S.; requiring
 1979         district school boards to adopt policies and
 1980         procedures for access to medical marijuana by
 1981         qualified patients who are students; providing
 1982         emergency rulemaking authority; providing for venue
 1983         for a cause of action against the department;
 1984         providing for defense against certain causes of
 1985         action; directing the Department of Law Enforcement to
 1986         develop training for law enforcement officers and
 1987         agencies; amending s. 385.212, F.S.; renaming the
 1988         department’s Office of Compassionate Use; providing an
 1989         effective date.