Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. PCS (832708) for CS for SB 406
       
       
       
       
       
       
                                Ì368518EÎ368518                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/27/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Appropriations (Braynon) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 661 - 714
    4  and insert:
    5         (g) Identify applicants with strong diversity plans
    6  reflecting this state’s commitment to diversity.
    7         (h) Implement training programs and other educational
    8  programs to enable minority persons and minority business
    9  enterprises, as defined in s. 288.703, and veteran business
   10  enterprises, as defined in s. 295.187, to compete for MMTC
   11  registration and contracts.
   12         (i) The department shall Develop an application form for
   13  registration as an MMTC and impose an initial application and
   14  biennial renewal fee that is sufficient to cover the costs of
   15  administering this section. To be registered as an MMTC, the an
   16  applicant for approval as a dispensing organization must be able
   17  to demonstrate:
   18         1. That, for the 5 consecutive years before submitting the
   19  application, the applicant has been registered to do business in
   20  this state.
   21         2.1. The technical and technological ability to cultivate
   22  and produce low-THC cannabis and marijuana. The applicant must
   23  possess a valid certificate of registration issued by the
   24  Department of Agriculture and Consumer Services pursuant to s.
   25  581.131 that is issued for the cultivation of more than 400,000
   26  plants, be operated by a nurseryman as defined in s. 581.011,
   27  and have been operated as a registered nursery in this state for
   28  at least 30 continuous years.
   29         3.2. The ability to secure the premises, resources, and
   30  personnel necessary to operate as an MMTC a dispensing
   31  organization.
   32         4.3. The ability to maintain accountability of all raw
   33  materials, finished products, and any byproducts to prevent
   34  diversion or unlawful access to or possession of these
   35  substances.
   36         5.4. An infrastructure reasonably located to dispense low
   37  THC cannabis and marijuana to registered qualifying patients
   38  statewide or regionally as determined by the department.
   39         6.5. The financial ability to maintain operations for the
   40  duration of the 2-year approval cycle, including the provision
   41  of certified financials to the department. Upon approval, the
   42  applicant must post a $5 million performance bond. However, upon
   43  an MMTC a dispensing organization’s serving at least 1,000
   44  qualifying qualified patients, the MMTC dispensing organization
   45  is only required to maintain a $2 million performance bond.
   46         7.6. That all owners and managers have been fingerprinted
   47  and have successfully passed a level 2 background screening
   48  pursuant to s. 435.04.
   49         8. The ability to implement a diversity plan that promotes
   50  and ensures the involvement of minority persons and minority
   51  business enterprises, as defined in s. 288.703, or veteran
   52  business enterprises, as defined in s. 295.187, in ownership,
   53  management, employment, and contracting opportunities.
   54         a. A diversity plan must be submitted with an MMTC
   55  application.
   56         b. Upon registration renewal the MMTC must show the
   57  effectiveness of the diversity plan by including the following:
   58         (I) Representation of minority persons and veterans in the
   59  MMTC’s workforce;
   60         (II) Efforts to recruit minority persons and veterans for
   61  employment; and
   62         (III) A record of contracts for services with minority
   63  business enterprises and veteran business enterprises.
   64         9.7. The employment of a medical director to supervise the
   65  activities of the MMTC dispensing organization.
   66         (c) Upon the registration of 250,000 active qualified
   67  patients in the compassionate use registry, approve three
   68  dispensing organizations, including, but not limited to, an
   69  applicant that is a recognized class member of Pigford v.
   70  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
   71  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the
   72  Black Farmers and Agriculturalists Association, which must meet
   73  the requirements of subparagraphs (b)2.-7. and demonstrate the
   74  technical and technological ability to cultivate and produce
   75  low-THC cannabis.
   76         (j)(d) Allow an MMTC a dispensing organization to make a
   77  wholesale purchase of marijuana low-THC cannabis or medical
   78  cannabis from, or a distribution of marijuana low-THC cannabis
   79  or medical cannabis to, another MMTC dispensing organization.
   80         (k)(e) Monitor physician registration in the compassionate