Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1397, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/WD/2R         .                                
             05/04/2017 10:17 PM       .                                

       Senator Rouson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 612 - 650
    4  and insert:
    5         (a)The department shall issue physical or electronic
    6  medical marijuana use registry identification cards for
    7  qualified patients and caregivers who are residents of this
    8  state, which must be renewed annually. The department may charge
    9  a reasonable fee associated with the issuance and renewal of
   10  identification cards. The fee may not exceed $75. Of each
   11  issuance or renewal fee, the department shall allocate $10 to
   12  the Division of Research at Florida Agricultural and Mechanical
   13  University for the purpose of educating minorities about
   14  marijuana for medical use and for the prevention of unlawful
   15  uses of marijuana. The identification cards must be resistant to
   16  counterfeiting and tampering and must include, at a minimum, the
   17  following:
   18         1.The name, address, and date of birth of the qualified
   19  patient or caregiver.
   20         2.A full-face, passport-type, color photograph of the
   21  qualified patient or caregiver taken within the 90 days
   22  immediately preceding registration or the Florida driver license
   23  or Florida identification card photograph of the qualified
   24  patient or caregiver obtained directly from the Department of
   25  Highway Safety and Motor Vehicles.
   26         3.Designation of the cardholder as a qualified patient or
   27  a caregiver.
   28         4.The unique numeric identifier used for the qualified
   29  patient in the medical marijuana use registry.
   30         5.For a caregiver, the name and unique numeric identifier
   31  of the caregiver and the qualified patient or patients that the
   32  caregiver is assisting.
   33         6.The expiration date of the identification card.
   34         (b)Electronic identification cards must comply with the
   35  Health Insurance Portability and Accountability Act (HIPAA) as
   36  it pertains to protected health information and all other
   37  relevant state and federal privacy and security laws and
   38  regulations. Such electronic cards must:
   39         1. Contain the technology to automatically expire and be
   40  remotely terminated by the department;
   41         2. Collect timestamped, geotagged data to be uploaded in
   42  real time into the compassionate use registry; and
   43         3. Maintain compatibility with smartphone and web-based
   44  platforms.
   45         (c)The department must receive written consent from a
   46  qualified patient’s parent or legal guardian before it may issue
   47  an identification card to a qualified patient who is a minor.
   48         (d)The department shall, by July 3, 2017, adopt rules
   49  pursuant to ss. 120.536(1) and 120.54 establishing procedures
   50  for the issuance, renewal, suspension, replacement, surrender,
   51  and revocation of medical marijuana use registry identification
   52  cards and shall begin issuing qualified patient identification
   53  cards by October 3, 2017.
   54         (e)Applications for identification cards must be submitted
   55  on a form prescribed by the department. The department may
   56  charge a reasonable fee associated with the issuance,
   57  replacement, and renewal of identification cards. The department
   58  may contract with a third-party vendor to issue identification
   59  cards. The vendor selected by the department must have
   60  experience performing similar functions for other state
   61  agencies.
   62         (f)A qualified patient or caregiver must return his or
   64  ================= T I T L E  A M E N D M E N T ================
   65  And the title is amended as follows:
   66         Delete line 34
   67  and insert:
   68         cards; authorizing the department to charge a fee for
   69         identification cards; requiring the department to
   70         issue licenses to a