Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1397, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: NC/2R          .                                
             05/04/2017 05:58 PM       .                                

       Senator Rouson moved the following:
    1         Senate Amendment to Amendment (467840) (with title
    2  amendment)
    4         Delete lines 478 - 516
    5  and insert:
    6         (a)The department shall issue physical or electronic
    7  medical marijuana use registry identification cards for
    8  qualified patients and caregivers who are residents of this
    9  state, which must be renewed annually. The department may charge
   10  a reasonable fee associated with the issuance and renewal of
   11  identification cards. The fee may not exceed $75. Of each
   12  issuance or renewal fee, the department shall allocate $10 to
   13  the Division of Research at Florida Agricultural and Mechanical
   14  University for the purpose of educating minorities about
   15  marijuana for medical use and the impact of the unlawful use of
   16  marijuana on minority communities. The identification cards must
   17  be resistant to counterfeiting and tampering and must include,
   18  at a minimum, the following:
   19         1.The name, address, and date of birth of the qualified
   20  patient or caregiver.
   21         2.A full-face, passport-type, color photograph of the
   22  qualified patient or caregiver taken within the 90 days
   23  immediately preceding registration or the Florida driver license
   24  or Florida identification card photograph of the qualified
   25  patient or caregiver obtained directly from the Department of
   26  Highway Safety and Motor Vehicles.
   27         3.Designation of the cardholder as a qualified patient or
   28  a caregiver.
   29         4.The unique numeric identifier used for the qualified
   30  patient in the medical marijuana use registry.
   31         5.For a caregiver, the name and unique numeric identifier
   32  of the caregiver and the qualified patient or patients that the
   33  caregiver is assisting.
   34         6.The expiration date of the identification card.
   35         (b)Electronic identification cards must comply with the
   36  Health Insurance Portability and Accountability Act (HIPAA) as
   37  it pertains to protected health information and all other
   38  relevant state and federal privacy and security laws and
   39  regulations. Such electronic cards must:
   40         1. Contain the technology to automatically expire and be
   41  remotely terminated by the department;
   42         2. Collect timestamped, geotagged data to be uploaded in
   43  real time into the compassionate use registry; and
   44         3. Maintain compatibility with smartphone and web-based
   45  platforms.
   46         (c)The department must receive written consent from a
   47  qualified patient’s parent or legal guardian before it may issue
   48  an identification card to a qualified patient who is a minor.
   49         (d)The department shall, by July 3, 2017, adopt rules
   50  pursuant to ss. 120.536(1) and 120.54 establishing procedures
   51  for the issuance, renewal, suspension, replacement, surrender,
   52  and revocation of medical marijuana use registry identification
   53  cards and shall begin issuing qualified patient identification
   54  cards by October 3, 2017.
   55         (e)Applications for identification cards must be submitted
   56  on a form prescribed by the department. The department may
   57  charge a reasonable fee associated with the issuance,
   58  replacement, and renewal of identification cards. The department
   59  may contract with a third-party vendor to issue identification
   60  cards. The vendor selected by the department must have
   61  experience performing similar functions for other state
   62  agencies.
   63         (f)A qualified patient or caregiver must return his or
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete line 1892
   68  and insert:
   69         cards; authorizing the department to charge a fee for
   70         identification cards; requiring the department to
   71         issue licenses to a