Florida Senate - 2017                                     SB 614
       
       
        
       By Senator Brandes
       
       24-00556-17                                            2017614__
    1                        A bill to be entitled                      
    2         An act relating to medical marijuana; repealing s.
    3         381.986, F.S., relating to the compassionate use of
    4         low-THC and medical cannabis; creating s. 381.99,
    5         F.S.; providing a short title; creating s. 381.991,
    6         F.S.; defining terms; creating s. 381.992, F.S.;
    7         authorizing a qualifying patient or his or her
    8         caregiver to purchase, acquire, and possess up to the
    9         allowed amount of marijuana, medical marijuana
   10         products, and associated paraphernalia for a
   11         qualifying patient’s medical use; authorizing a
   12         medical marijuana treatment center (MMTC), including
   13         its employees and contractors, to perform certain
   14         activities; authorizing certified independent testing
   15         laboratories and their employees or contractors to
   16         receive and process marijuana for the sole purpose of
   17         testing the marijuana for compliance with the act;
   18         specifying that certain provisions do not exempt
   19         persons from the prohibition against driving under the
   20         influence; providing that specified provisions apply
   21         to the smoking of marijuana or medical marijuana
   22         products; authorizing the department to restrict the
   23         smoking of marijuana or such products at certain
   24         facilities; creating s. 381.993, F.S.; providing that
   25         a physician must certify, on a specified form, that a
   26         patient is suffering from a debilitating medical
   27         condition and that the benefits to the patient of
   28         using marijuana outweigh the potential health risks
   29         before a patient may register with the department and
   30         obtain a registry identification card; requiring the
   31         certification to specify the length of time
   32         recommended for the use of marijuana or a medical
   33         marijuana product; specifying that the allowable
   34         amount for any patient may not exceed a maximum
   35         determined by department rule; authorizing physicians
   36         to submit the physician certification form
   37         electronically through the department’s website or by
   38         mail; providing criteria for the certification of
   39         patients by physicians; requiring patients who wish to
   40         use marijuana or medical marijuana products to
   41         register with the department; providing requirements
   42         for registration; authorizing adult qualifying
   43         patients to authorize caregivers; requiring the
   44         consent of a parent or legal guardian for minor
   45         patients; providing requirements for caregivers;
   46         prohibiting caregivers from registering to assist more
   47         than one patient at any given time unless specified
   48         circumstances are met; requiring the department to
   49         designate the parent or legal guardian of a qualifying
   50         minor patient as the patient’s caregiver; prohibiting
   51         qualifying minor patients from purchasing or acquiring
   52         marijuana and medical marijuana products; requiring
   53         the department to notify the qualifying patient that
   54         the caregiver’s application for registration is
   55         disallowed; specifying the responsibilities of the
   56         department; requiring the department to create a
   57         patient and caregiver registration form and a
   58         physician certification form and make those forms
   59         available to the public by a specified date; requiring
   60         the registration form to allow the patient to include
   61         specified information; requiring the department to
   62         create and make available to the public a specified
   63         caregiver training course by a specified date;
   64         requiring the department to enter the information for
   65         the qualifying patient or his or her caregiver into
   66         the medical marijuana patient registry and to issue a
   67         medical marijuana patient registry identification card
   68         to the patient and the caregiver after the receipt of
   69         specified documents; requiring that medical marijuana
   70         registry identification cards be resistant to
   71         counterfeiting and include specified information;
   72         providing that patient and caregiver registration and
   73         medical marijuana patient registry identification
   74         cards expire 1 year after the date of issuance;
   75         requiring a qualifying patient to submit proof of
   76         continued Florida residency and a physician to certify
   77         specified information in order to renew a registration
   78         or medical marijuana patient registry identification
   79         card; providing for the disqualification of patients
   80         and caregivers; requiring the department to notify
   81         specified persons of a change in registration status
   82         in specified circumstances; requiring the department
   83         to give notice within a specified timeframe to the
   84         qualifying patient and the caregiver before removing
   85         the patient or caregiver from the medical marijuana
   86         patient registry; requiring the qualifying patient or
   87         caregiver to return specified items within a specified
   88         timeframe after receiving the notification; requiring
   89         a retail facility to notify the department upon the
   90         receipt of such items; authorizing the retail facility
   91         to notify the department electronically; requiring the
   92         personal representative of a patient or a caregiver to
   93         return the identification card of the patient or
   94         caregiver to the retail facility after his or her
   95         death; requiring the retail facility to update the
   96         medical marijuana patient registry and notify the
   97         department after the return of the identification
   98         cards; authorizing the retail facility to notify the
   99         department electronically; requiring the department,
  100         on a quarterly basis, to compare all qualifying
  101         patients and caregivers in the medical marijuana
  102         patient registry with the records of deaths on file on
  103         the electronic death registration system and to adjust
  104         the file of the patient or caregiver accordingly
  105         within a certain timeframe; requiring the department
  106         to notify law enforcement of the expired or cancelled
  107         identification card in certain circumstances;
  108         authorizing the department to adopt rules to implement
  109         a process for MMTCs to accept and dispose of returned
  110         marijuana or medical marijuana products and registry
  111         identification cards; creating s. 381.994, F.S.;
  112         requiring that the department create a secure, online,
  113         electronic medical marijuana patient registry
  114         containing a file containing specified information for
  115         each qualifying patient, caregiver, and certifying
  116         physician; requiring that the medical marijuana
  117         patient registry meet specified criteria; creating s.
  118         381.995, F.S.; requiring the department to establish
  119         operating standards for the cultivation, processing,
  120         packaging, and labeling of marijuana and procedures
  121         and requirements for the registration of MMTCs by a
  122         specified date; providing for the registration of
  123         MMTCs and certain of their principles, employees and
  124         contractors; requiring the department to charge
  125         registration fees that may not exceed specified
  126         amounts; requiring the department to develop a
  127         registration form for MMTCs which must require the
  128         applicant to provide specified information; requiring
  129         the department to begin registering MMTCs by a
  130         specified date; requiring MMTCs to provide specified
  131         documentation and to pay a performance and compliance
  132         bond in a specified amount, which is subject to
  133         forfeiture; prohibiting registration from taking place
  134         until all principals, employees, and contractors who
  135         will participate in the operations of the MMTC have
  136         registered with the department and have been issued
  137         identification cards; providing a 2-year registration
  138         period and requiring that renewals comply with a
  139         process established by department rule; requiring
  140         MMTCs to obtain certain licenses before engaging in
  141         certain activities; authorizing the department to
  142         charge application and license fees for cultivation
  143         licenses; specifying fees for specified licenses and
  144         facility permits; requiring the department to begin
  145         issuing cultivation and processing licenses by a
  146         specified date; authorizing MMTCs to apply for
  147         cultivation and processing licenses; providing
  148         application requirements; providing for expiration and
  149         renewal of licenses; requiring licensees to obtain an
  150         operating permit from the department for each facility
  151         before beginning cultivation and processing; requiring
  152         the department to inspect facilities for which
  153         operating permits are sought; requiring the department
  154         to approve or disapprove applications within a
  155         specified timeframe; prohibiting facilities from
  156         certain operations if their permit has expired;
  157         requiring cultivation and processing facilities to be
  158         secure, closed to the public, and not within a
  159         specified proximity to specified schools, child care
  160         facilities, or specified licensed service providers;
  161         authorizing the department to establish rules
  162         providing additional security and zoning requirements;
  163         providing that licensees may use contractors to assist
  164         in the cultivation and processing of marijuana, but
  165         holding licensees responsible for their actions;
  166         requiring principals and employees of contractors who
  167         participate in the operations of the licensee to be
  168         registered with the department and to have MMTC
  169         employee identification cards; requiring cultivation
  170         and processing licensees to destroy certain marijuana
  171         byproducts within a specified timeframe; requiring
  172         MMTCs that transport or deliver marijuana outside of
  173         the property owned by the licensee to hold a
  174         transportation license; requiring the department to
  175         begin issuing retail licenses by a specified date;
  176         providing requirements for application; providing for
  177         the expiration and renewal of licenses; requiring
  178         licensees to obtain an operating permit from the
  179         department for each dispensing facility before
  180         dispensing or storing marijuana or medical marijuana
  181         products; providing a permitting process; requiring
  182         the department to act on permit applications within a
  183         certain timeframe; requiring an MMTC that holds a
  184         retail license to have a separate operating permit for
  185         each retail facility it operates; prohibiting the
  186         department from granting an operating permit if a
  187         proposed retail facility is located on the same
  188         property as a cultivation or processing facility or if
  189         it is located proximate to specified schools or
  190         facilities; restricting the number of available retail
  191         licenses in a county based on population; authorizing
  192         a governing body of a county or municipality to refuse
  193         to allow a retail facility within its jurisdiction;
  194         prohibiting the department from licensing a retail
  195         facility in a county or municipality that has
  196         prohibited retail facilities by ordinance; authorizing
  197         a county or municipality to levy a local business tax
  198         on a retail facility; authorizing the department to
  199         employ a lottery system for the issuance of permits in
  200         certain circumstances; limiting the number of
  201         operating permits that may be issued to a single MMTC
  202         in those circumstances; providing for the expiration
  203         and renewal of operating permits; providing
  204         requirements for retail licensees and their employees
  205         in the dispensing of marijuana to qualifying patients
  206         and their caregivers; prohibiting a retail facility
  207         from repackaging or modifying a medical marijuana
  208         product that has been packaged for retail sale by a
  209         cultivation or processing licensee; authorizing retail
  210         licensees to contract with certain MMTCs to transport
  211         marijuana and medical marijuana products between
  212         properties owned by the retail licensee and to make
  213         deliveries to and pick up returns from the residences
  214         of qualifying patients; prohibiting onsite consumption
  215         of marijuana or medical marijuana products at retail
  216         facilities; requiring the department to adopt rules
  217         governing the issuance of transportation licenses to
  218         MMTCs and the permitting of vehicles; authorizing
  219         MMTCs to apply for retail licenses and providing
  220         application requirements; prohibiting the
  221         transportation of marijuana or medical marijuana
  222         products on the property of an airport, seaport, or
  223         spaceport; authorizing a transportation licensee to
  224         transport marijuana or medical marijuana products in
  225         specified permitted vehicles; specifying the fee for
  226         vehicle permits; providing requirements for the
  227         designation of drivers and requiring that designations
  228         be displayed in a vehicle at all times; providing for
  229         expiration of the permit in certain circumstances;
  230         requiring the department to cancel a vehicle permit
  231         upon the request of specified persons; providing that
  232         the licensee authorizes the inspection and search of
  233         his or her vehicle by certain persons without a search
  234         warrant for purposes of determining compliance with
  235         the act; authorizing certain MMTCs to deliver or
  236         contract for the delivery of marijuana and medical
  237         marijuana products to qualifying patients and their
  238         caregivers; providing requirements for and
  239         restrictions on such delivery; prohibiting a county or
  240         municipality from prohibiting deliveries; requiring
  241         the department to adopt rules governing the delivery
  242         of marijuana and medical marijuana products to
  243         qualifying patients and their caregivers; authorizing
  244         licensees to use contractors to assist with the
  245         transportation of marijuana or medical marijuana
  246         products; providing requirements for such
  247         transportation; requiring that principals and
  248         employees of contractors contracted by a licensee be
  249         registered with the department and issued an employee
  250         identification card; prohibiting MMTCs from
  251         advertising marijuana or medical marijuana products;
  252         defining the term “advertise”; providing that
  253         inspections of MMTC facilities are preempted to the
  254         state and may be conducted by the department;
  255         requiring the department to inspect and license
  256         specified facilities of MMTCs before those facilities
  257         begin operations; requiring the department to conduct
  258         such inspection at least once every 2 years;
  259         authorizing the department to conduct additional or
  260         unannounced inspections at reasonable hours;
  261         authorizing the department to test marijuana or
  262         medical marijuana products to ensure that they meet
  263         the standards established by the department;
  264         authorizing the department, through an interagency
  265         agreement, to perform joint inspections of such
  266         facilities; requiring the department to adopt rules by
  267         a specified date governing access to licensed
  268         facilities which impose specified requirements on
  269         limited access areas, restricted access areas, and
  270         general access areas at all licensed facilities;
  271         authorizing the department to adopt rules governing
  272         visitor access; requiring the department to adopt
  273         rules governing the registration of MMTC principals,
  274         employees and contractors; authorizing the department
  275         to charge a reasonable fee for MMTC employee
  276         identification cards; requiring that MMTCs submit an
  277         application for the registration of a person they
  278         intend to hire or contract with in certain
  279         circumstances; requiring the department to adopt by
  280         rule a form for submitting an employee registration;
  281         specifying the information that must be provided by
  282         applicants; requiring the department to register
  283         certain persons and to issue them MMTC employee
  284         identification cards that meet certain requirements;
  285         requiring MMTCs to notify the department of any
  286         changes in status of such employees or contactors
  287         within a specified timeframe; providing that MMTCs are
  288         responsible for knowing and complying with specified
  289         laws and rules; requiring that the licensed premises
  290         comply with security and surveillance requirements
  291         established by the department by rule before the
  292         licensee can undertake specified actions; requiring
  293         that specified areas of the licensed facility be
  294         clearly identified as such by signage approved by the
  295         department; requiring that a licensee possess and
  296         maintain possession of the premises for which the
  297         license is issued; requiring a licensee to keep a
  298         complete set of all records necessary to show fully
  299         the business transactions of the licensee for
  300         specified tax years; requiring a licensee to establish
  301         an inventory tracking system that is approved by the
  302         department; requiring that marijuana or medical
  303         marijuana products meet the labeling and packaging
  304         requirements established by department rule; requiring
  305         the department to adopt by rule a schedule of
  306         violations in order to impose fines not to exceed a
  307         specified amount per violation; requiring the
  308         department to consider specified factors in
  309         determining the amount of the fine to be levied;
  310         authorizing the department to suspend, revoke, deny,
  311         or refuse to renew a license of an MMTC or impose a
  312         specified administrative penalty for specified acts
  313         and omissions; requiring the department to maintain a
  314         publicly available, easily accessible list on its
  315         website of all permitted retail facilities; providing
  316         for the grandfathering of MMTCs that meet specified
  317         requirements by a specified date; requiring the
  318         department to issue specified licenses and permits;
  319         creating s. 381.9951, F.S.; providing that the sale of
  320         marijuana and medical marijuana products is subject to
  321         the sales tax under ch. 212, F.S.; requiring the
  322         Department of Revenue to deposit, in the same month as
  323         the Department of Revenue collects such taxes, all
  324         proceeds of sales taxes collected on the sale of
  325         marijuana and medical marijuana products into the
  326         Education and General Student and Other Fees Trust
  327         Fund; specifying the use of such funds; creating s.
  328         381.996, F.S.; providing requirements for marijuana
  329         testing and labeling; requiring the Department of
  330         Health to adopt by rule a certification process and
  331         testing standards for independent testing
  332         laboratories; requiring the Department of Agriculture
  333         and Consumer Services to provide resources to the
  334         department; prohibiting cultivation licensees and
  335         processing licensees from distributing or selling
  336         marijuana or medical marijuana products to retail
  337         licensees unless specified conditions are met;
  338         providing that independent laboratories are not
  339         required to be registered as MMTCs or to hold
  340         transportation licenses to transport or receive
  341         marijuana or medical marijuana products for testing
  342         purposes; requiring independent testing laboratories
  343         to conduct specified testing and to report specified
  344         findings to the department; requiring that such
  345         findings include specified information; requiring the
  346         department to establish by rule a comprehensive
  347         tracking and labeling system for marijuana plants and
  348         products; authorizing the department to adopt rules
  349         that establish qualifications for private entities
  350         that provide product tracking services and to
  351         establish a preferred vendor list; requiring that
  352         medical marijuana and medical marijuana products that
  353         meet testing standards be packaged in a specified
  354         manner; providing an exception; requiring a retail
  355         licensee to affix an additional label to each medical
  356         marijuana product which includes specified
  357         information; requiring the department to establish
  358         specified standards for quality, testing procedures,
  359         and maximum levels of unsafe contaminants by a
  360         specified date; requiring the department to create a
  361         list of individual cannabinoids for which marijuana
  362         and medical marijuana products must be tested;
  363         creating s. 381.997, F.S.; providing penalties for
  364         specified violations; creating s. 381.998, F.S.;
  365         providing that this act does not require specified
  366         insurance providers or a health care services plan to
  367         cover a claim for reimbursement for the purchase of
  368         medical marijuana; providing that the act does not
  369         restrict such coverage; creating s. 381.9981, F.S.;
  370         authorizing the department to adopt rules to implement
  371         this act; amending ss. 385.211, 499.0295, 893.02, and
  372         1004.441, F.S.; conforming provisions to changes made
  373         by the act; authorizing the University of Florida, in
  374         consultation with a veterinary research organization,
  375         to conduct specified research for treatment of animals
  376         with seizure disorders or other life-limiting
  377         illnesses; prohibiting the use of state funds for such
  378         research; providing for severability; providing
  379         effective dates.
  380          
  381  Be It Enacted by the Legislature of the State of Florida:
  382  
  383         Section 1. Section 381.986, Florida Statutes, is repealed.
  384         Section 2. Section 381.99, Florida Statutes, is created to
  385  read:
  386         381.99Short title.—Sections 381.99-381.9981 may be cited
  387  as the “Florida Medical Marijuana Act.”
  388         Section 3. Section 381.991, Florida Statutes, is created to
  389  read:
  390         381.991Definitions.—As used in ss. 381.99-381.9981, the
  391  term:
  392         (1) “Allowed amount of marijuana” means the amount of
  393  marijuana, or the equivalent amount of marijuana products, which
  394  a physician determines is necessary to treat a qualifying
  395  patient’s debilitating medical condition for 90 days.
  396         (2) “Batch” means a specifically identified quantity of
  397  marijuana or medical marijuana product that is uniform in
  398  strain; cultivated using the same herbicides, pesticides, and
  399  fungicides; and harvested from or produced at the same time at a
  400  single permitted facility.
  401         (3)“Caregiver” has the same meaning as provided in s. 29,
  402  Art. X, of the State Constitution.
  403         (4) “Cultivation” means the growth and harvesting of
  404  marijuana.
  405         (5) “Cultivation license” means a license issued to a
  406  medical marijuana treatment center (MMTC) which grants authority
  407  to the MMTC to cultivate marijuana.
  408         (6) “Debilitating medical condition” means cancer,
  409  epilepsy, glaucoma, positive status for human immunodeficiency
  410  virus (HIV), acquired immune deficiency syndrome (AIDS), post
  411  traumatic stress disorder (PTSD), amyotrophic lateral sclerosis
  412  (ALS), Crohn’s disease, Parkinson’s disease, multiple sclerosis,
  413  paraplegia, quadriplegia, a terminal condition, or other
  414  debilitating medical conditions of the same kind or class as, or
  415  comparable to, those enumerated and for which a physician
  416  believes that the medical use of marijuana would likely outweigh
  417  the potential health risks of that use to a patient.
  418         (7)“Department” means the Department of Health.
  419         (8) “Dispense” means the transfer or sale of marijuana from
  420  an MMTC to a qualifying patient or to the qualifying patient’s
  421  caregiver and may include the delivery of such marijuana
  422  transferred or sold.
  423         (9) “Independent testing laboratory” means a laboratory,
  424  and the managers, employees, and contractors of the laboratory,
  425  which does not have a direct or indirect interest in, and is not
  426  owned by or affiliated with, an MMTC.
  427         (10)“Marijuana” has the same meaning as provided in s. 29,
  428  Art. X of the State Constitution but is limited to that intended
  429  for medical use.
  430         (11) “Medical marijuana patient registry” means an online
  431  electronic registry created and maintained by the department to
  432  store identifying information for all qualifying patients,
  433  caregivers, and physicians who submit physician certification
  434  forms to the department.
  435         (12)“Medical marijuana patient registry identification
  436  card” means a card issued by the department to qualifying
  437  patients and caregivers.
  438         (13)“Medical marijuana product” means a product derived
  439  from marijuana, including, but not limited to, an oil, tincture,
  440  cream, encapsulation, or food product containing marijuana or
  441  any part of the marijuana plant, which is intended for medical
  442  use.
  443         (14)“Medical marijuana treatment center” or “MMTC” has the
  444  same meaning as provided in s. 29, Art. X of the State
  445  Constitution.
  446         (15)“Medical use” has the same meaning as provided in s.
  447  29, Art. X of the State Constitution.
  448         (16)“Minor” means a person who is younger than 18 years of
  449  age.
  450         (17) “Physician” means a physician who is licensed under
  451  chapter 458 or chapter 459 and who meets the requirements of s.
  452  381.993.
  453         (18) “Principal” means an officer, a director, a billing
  454  agent, or a managing employee of an MMTC, or a person or
  455  shareholder who has an ownership interest equal to 5 percent or
  456  more of an MMTC.
  457         (19) “Process or processing” means the conversion of
  458  marijuana into medical marijuana products for a qualifying
  459  patient’s use.
  460         (20) “Processing license” means a license issued by the
  461  department to an MMTC which grants the MMTC the authority to
  462  process marijuana.
  463         (21)“Qualifying patient” has the same meaning as provided
  464  in s. 29, Art. X of the State Constitution.
  465         (22) “Retail license” means a license issued by the
  466  department to an MMTC which authorizes the MMTC to dispense
  467  marijuana and medical marijuana products and to sell related
  468  paraphernalia to qualifying patients and caregivers.
  469         (23)“Transportation license” means a license issued by the
  470  department to an MMTC which authorizes the MMTC to transport
  471  marijuana and medical marijuana products.
  472         Section 4. Section 381.992, Florida Statutes, is created to
  473  read:
  474         381.992Medical marijuana.—
  475         (1) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  476  any other law, but subject to the requirements in ss. 381.99
  477  381.9981, a qualifying patient, or his or her caregiver, may
  478  purchase or acquire from an MMTC and possess up to the allowed
  479  amount of marijuana, medical marijuana products, and associated
  480  paraphernalia for the qualifying patient’s medical use.
  481         (2) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  482  any other law, but subject to the requirements in ss. 381.99
  483  381.9981, an MMTC, including its employees and contractors, may
  484  acquire, cultivate, possess, process, transfer, transport, sell,
  485  distribute, dispense, or administer marijuana. MMTCs may:
  486         (a)Cultivate marijuana only at a cultivation facility;
  487         (b)Process marijuana only at a processing facility;
  488         (c)Sell and distribute marijuana and medical marijuana
  489  products only to other MMTCs;
  490         (d)Purchase or acquire marijuana and medical marijuana
  491  products only from other MMTCs or qualifying patients,
  492  caregivers, or personal representatives who are returning unused
  493  marijuana or medical marijuana products;
  494         (e)Dispense or administer marijuana, medical marijuana
  495  products, or associated paraphernalia only to qualifying
  496  patients and caregivers and only from a permitted facility
  497  operated by an MMTC holding a retail license;
  498         (f)Deliver marijuana and medical marijuana products to
  499  qualifying patients and caregivers; and
  500         (g) Transport marijuana, medical marijuana products, and
  501  associated paraphernalia as necessary for the proper conduct of
  502  its business in accordance with the requirements of ss. 381.99
  503  381.9981.
  504         (3) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  505  any other law, but subject to the requirements in ss. 381.99
  506  381.9981, an independent testing laboratory, including its
  507  employees and contractors, may receive and possess marijuana for
  508  the sole purpose of testing the marijuana for compliance with
  509  ss. 381.99-381.9981.
  510         (4) This section does not authorize:
  511         (a) The cultivation of marijuana by any person or entity
  512  other than an MMTC holding a cultivation license.
  513         (b)The acquisition or purchase of marijuana or medical
  514  marijuana products by a qualifying patient or caregiver from any
  515  person or entity other than an MMTC holding a retail license.
  516         (c) The use of marijuana or medical marijuana products by
  517  anyone other than the qualifying patient for whom the marijuana
  518  was certified.
  519         (d) The dispensing or administration of marijuana or
  520  medical marijuana products to anyone other than a qualifying
  521  patient or caregiver.
  522         (e) The transfer of marijuana or medical marijuana products
  523  by a qualifying patient or caregiver to any entity except for
  524  the purpose of returning unused marijuana or medical marijuana
  525  products to an MMTC.
  526         (f) The use or administration of marijuana or medical
  527  marijuana products:
  528         1. On any form of public transportation;
  529         2. In a public place, as defined in s. 877.21; or
  530         3. In a qualifying patient’s place of work, if restricted
  531  by his or her employer.
  532         (g) The possession, use, or administration of marijuana or
  533  medical marijuana products:
  534         1. In a correctional facility.
  535         2. On the grounds of a preschool, primary school, or
  536  secondary school, unless authorized by the superintendent.
  537         3. On a school bus.
  538         (5) This section does not exempt any person from the
  539  prohibition against driving under the influence as provided
  540  under s. 316.193.
  541         (6)Except for s. 386.2045, part II of chapter 386 applies
  542  to the smoking of marijuana or medical marijuana products. The
  543  department may by rule restrict the smoking of marijuana or
  544  medical marijuana products in any facility licensed by this
  545  state that provides care or services to children or frail or
  546  elderly adults.
  547         Section 5. Section 381.993, Florida Statutes, is created to
  548  read:
  549         381.993Physician certification; patient and caregiver
  550  registration; medical marijuana patient registry identification
  551  cards; issuance and renewal of physician certification.—
  552         (1) PHYSICIAN CERTIFICATION.—Before a patient may register
  553  with the department and obtain a medical marijuana patient
  554  registry identification card, the patient must be certified by a
  555  physician using a physician certification form provided by the
  556  department to be suffering from a debilitating medical
  557  condition. The physician must also certify that the benefits to
  558  the patient of the medical use of marijuana would likely
  559  outweigh the potential health risks. The physician certification
  560  must specify the length of time for which the physician
  561  recommends that the patient use marijuana and the allowed amount
  562  of marijuana or medical marijuana products necessary to treat
  563  the patient’s condition or symptom as determined by rule adopted
  564  by the department. If the certifying physician determines that
  565  the allowed amount of marijuana, or the equivalent amount of
  566  medical marijuana products, allowed under department rule is
  567  insufficient to treat the patient’s condition or symptom, the
  568  physician certification must state the allowed amount of
  569  marijuana or medical marijuana products recommended by the
  570  certifying physician. A certifying physician must submit the
  571  physician certification form to the department by United States
  572  mail or electronically, through the department’s website.
  573         (a) A physician may certify a patient to the department as
  574  a patient if:
  575         1.The patient is a resident of this state;
  576         2.The physician, in his or her good faith medical
  577  judgment, certifies that the patient suffers from one or more
  578  debilitating medical conditions;
  579         3. The physician does not have a financial interest in an
  580  MMTC or in an independent testing laboratory that conducts tests
  581  of marijuana or medical marijuana products; and
  582         4.The physician has successfully completed an 8-hour
  583  course and subsequent examination offered by the Florida Medical
  584  Association or the Florida Osteopathic Medical Association, as
  585  appropriate, which encompasses clinical indications for the
  586  appropriate medical use of marijuana, appropriate delivery
  587  mechanisms, contraindications of the medical use of marijuana,
  588  and relevant state and federal laws governing the ordering,
  589  dispensing, and possession of marijuana. The appropriate boards
  590  shall offer the course and examination at least annually.
  591  Successful completion of the course may be used by the physician
  592  to satisfy 8 hours of the continuing medical education
  593  requirements imposed by his or her respective board for
  594  licensure renewal. The course may be offered in a distance
  595  learning format.
  596         (b) If the patient subject to the certification is a minor,
  597  the patient’s parent or legal guardian must also provide to the
  598  physician written consent for the patient’s treatment with
  599  marijuana before the physician may submit the physician
  600  certification form to the department.
  601         (c) Unless the certifying physician certifies a patient to
  602  use marijuana for less than 1 year, the patient’s physician
  603  certification expires when the patient’s medical marijuana
  604  patient registry identification card expires.
  605         (2) PATIENT AND CAREGIVER REGISTRATION.—A patient must
  606  register with the department and be issued a medical marijuana
  607  patient registry identification card before acquiring or using
  608  marijuana or medical marijuana products.
  609         (a) To register, a patient must submit the following to the
  610  department:
  611         1. A completed patient and caregiver registration form,
  612  provided by the department. If the patient is a minor, a parent
  613  or legal guardian of the minor must provide his or her written
  614  consent on the patient and caregiver registration form for the
  615  minor patient’s use of marijuana or medical marijuana products.
  616  Without the written consent of a parent or legal guardian, a
  617  minor patient may not be registered and may not obtain a medical
  618  marijuana patient registry identification card; and
  619         2.Separate passport-type, color photographs, taken within
  620  90 days before submission to the department, of the patient and
  621  of each of the patient’s caregivers, if any.
  622         (b) An adult qualifying patient may, at his or her initial
  623  registration or at any time while a qualifying patient,
  624  designate a caregiver. The adult qualifying patient may also
  625  designate up to two additional caregivers to assist him or her
  626  with the medical use of marijuana, who may be selected from
  627  among the patient’s spouse, parents, legal guardians, adult
  628  children, siblings, or the employees of the assisted living
  629  facility or other health care facility where the qualifying
  630  patient resides. A caregiver must meet the following
  631  requirements:
  632         1. Be at least 21 years of age;
  633         2. Complete a 2-hour medical marijuana caregiver training
  634  course offered by the department; and
  635         3. Have passed a level 2 background screening pursuant to
  636  chapter 435 within the previous year. The following persons are
  637  exempt from this subparagraph:
  638         a.The qualifying patient’s spouse, parents, legal
  639  guardian, adult children, or siblings; and
  640         b.A health care worker who is subject to the requirements
  641  in s. 408.809 who is caring only for the qualifying patient and
  642  other patients who reside in the same assisted living facility,
  643  nursing home, or other such facility and is an employee of that
  644  facility.
  645         (c) A caregiver may not assist more than one qualifying
  646  patient at any given time unless all of his or her qualifying
  647  patients:
  648         1. Are the parents, legal guardians, or adult children of
  649  the caregiver or are siblings having a common parent or legal
  650  guardian with each other and the caregiver. This exception also
  651  applies to an adult for whom the caregiver is a legal guardian;
  652         2. Are first-degree relatives of each other who share a
  653  common residence; or
  654         3. Reside in the same assisted living facility, nursing
  655  home, or other such facility and the caregiver is an employee of
  656  that facility.
  657         (d) When registering a minor patient, the department shall
  658  designate the parent or legal guardian who provided his or her
  659  written consent on the patient and caregiver registration form
  660  as the minor patient’s caregiver, unless the department
  661  determines that person to be unqualified, unavailable, or
  662  unwilling to be the caregiver. In that instance, the department
  663  shall designate another parent or legal guardian of the minor
  664  patient as his or her caregiver. A minor patient may not
  665  purchase or acquire marijuana or medical marijuana products. The
  666  caregiver of a minor patient is responsible for all marijuana
  667  and medical marijuana products purchased, acquired, or possessed
  668  for the minor patient.
  669         (e) If the department determines that, for any reason, a
  670  caregiver designated by a qualifying patient may not assist that
  671  qualifying patient, the department must notify the qualifying
  672  patient that the caregiver’s registration is disallowed.
  673         (3) DEPARTMENT RESPONSIBILITIES.—
  674         (a) By September 1, 2017, the department shall create:
  675         1. A physician certification form and a patient and
  676  caregiver registration form and make the forms available to the
  677  public. The forms must contain space and fields sufficient to
  678  allow the submission of the information required to be included
  679  in the file of a qualifying patient and the files of the
  680  qualifying patient’s caregiver and certifying physicians
  681  maintained in the medical marijuana patient registry pursuant to
  682  s. 381.994(1). In addition, the patient and caregiver
  683  registration form must require the parent or legal guardian of a
  684  minor patient to provide written consent for the minor patient
  685  to use marijuana or medical marijuana products; and
  686         2. A 2-hour medical marijuana caregiver training course.
  687  The course must be available online and for the public to attend
  688  at permitted facilities operated by an MMTC holding a retail
  689  license. The training course must include, at a minimum, routes
  690  of administration, details on possible side effects of and
  691  adverse reactions to marijuana and medical marijuana products,
  692  and patient and caregiver restrictions and responsibilities
  693  under this act and department rule.
  694         (b) Beginning as soon as practicable, but not later than
  695  October 3, 2017, the department shall, within 14 days after a
  696  patient submits the documentation required in paragraph (2)(a)
  697  to register with the department and a physician submits a
  698  physician certification form for that patient to the department:
  699         1.Register the qualifying patient, his or her caregiver,
  700  and the certifying physician in the medical marijuana patient
  701  registry and enter the information required under s. 381.994(1)
  702  in the patient’s, caregiver’s, and certifying physician’s
  703  registry files. The department shall enter the allowed amount of
  704  marijuana recommended by the qualifying patient’s physician and
  705  the length of time for which the physician recommends the
  706  patient medically use marijuana, as recorded on the physician
  707  certification form; and
  708         2.Issue medical marijuana patient registry identification
  709  cards to the qualifying patient and, if applicable, to the
  710  qualifying patient’s caregiver.
  711         (c) A medical marijuana patient registry identification
  712  card issued to a qualifying patient must be resistant to
  713  counterfeiting and must include, but need not be limited to, the
  714  following information:
  715         1. The qualifying patient’s full legal name;
  716         2.The qualifying patient’s photograph, submitted as
  717  required under paragraph (2)(a);
  718         3.A randomly assigned identification number;
  719         4. The qualifying patient’s allowed amount of marijuana;
  720         5. If applicable, the full legal name and corresponding
  721  medical marijuana patient registry identification card number
  722  for each of the qualifying patient’s caregivers, if any; and
  723         6.The expiration date of the card.
  724         (d) A medical marijuana patient registry identification
  725  card issued to a caregiver must be resistant to counterfeiting
  726  and must include, but need not be limited to, the following
  727  information:
  728         1. The caregiver’s full legal name;
  729         2.The caregiver’s photograph, submitted as required under
  730  paragraph (2)(a);
  731         3.A randomly assigned identification number;
  732         4.The expiration date of the card; and
  733         5. If the caregiver is assisting three or fewer qualifying
  734  patients, the full legal name, medical marijuana patient
  735  registry identification card number, and the allowed amount of
  736  marijuana for each of the caregiver’s qualifying patients; or
  737         6.If the caregiver is assisting four or more qualifying
  738  patients, a statement that the caregiver is assisting multiple
  739  patients.
  740         (e)A person who is a caregiver for more than one
  741  qualifying patient must have a separate medical marijuana
  742  patient registry identification card linked to each qualifying
  743  patient for whom he or she is a caregiver.
  744         (4) EXPIRATION AND RENEWAL OF PATIENT AND CAREGIVER
  745  REGISTRATION AND REGISTRY IDENTIFICATION CARDS.— Unless the
  746  certifying physician certifies a patient to use marijuana for
  747  less than 1 year, a qualifying patient’s, and, if applicable,
  748  his or her caregiver’s registration with the department under
  749  subsection (2) and their medical marijuana patient registry
  750  identification cards expire 1 year after the date the qualifying
  751  patient’s medical marijuana patient registry identification card
  752  is issued under subparagraph (3)(b)2. In order to renew the
  753  registration and the medical marijuana patient registry
  754  identification cards of the qualifying patient and his or her
  755  caregiver, the qualifying patient must submit proof of continued
  756  residency in this state; if the qualifying patient is a minor, a
  757  parent or legal guardian of the qualifying patient must indicate
  758  in writing his or her continued consent for the qualifying minor
  759  patient’s treatment with marijuana; and a physician must certify
  760  to the department:
  761         (a) That he or she has examined the patient during the
  762  course of the patient’s treatment with marijuana;
  763         (b) That the patient suffers from a debilitating medical
  764  condition;
  765         (c) That the medical use of marijuana would likely outweigh
  766  the potential health risks for the patient;
  767         (d) The allowed amount of marijuana, if the physician has
  768  determined a specified amount is necessary to treat the patient;
  769  and
  770         (e)The length of time the physician recommends the patient
  771  medically use marijuana.
  772         (5) PATIENT AND CAREGIVER DISQUALIFICATION.—
  773         (a) If the department becomes aware of information that
  774  would disqualify a qualifying patient or caregiver from being
  775  registered with the department under this section, the
  776  department must notify the qualifying patient or caregiver, as
  777  applicable, of the change in his or her status as follows:
  778         1. For a qualifying patient, at least 30 days before
  779  removing the patient from the medical marijuana patient
  780  registry, the department shall give notice of such action to the
  781  qualifying patient at the address in the registry. It is the
  782  patient’s duty to ensure the return of all marijuana and medical
  783  marijuana products and his or her medical marijuana patient
  784  registry identification card to a permitted facility operated by
  785  an MMTC holding a retail license within 30 days after receiving
  786  the notice. Such retail facility must notify the department
  787  within 24 hours after it has received a return of marijuana,
  788  medical marijuana products, or a medical marijuana patient
  789  registry identification card. The retail facility may provide
  790  such notice electronically.
  791         2. For a caregiver, at least 15 days before removing the
  792  caregiver from the medical marijuana patient registry, the
  793  department shall give notice of such action to the caregiver and
  794  the caregiver’s qualifying patient. It is the caregiver’s duty
  795  to ensure the return of his or her medical marijuana patient
  796  registry identification card to a permitted facility operated by
  797  an MMTC holding a retail license within 15 days after receiving
  798  the notice. Such retail facility must notify the department
  799  within 24 hours after it has received such a return. The retail
  800  facility may provide such notice electronically.
  801         (b) If a qualifying patient dies, it is the duty of the
  802  qualifying patient’s caregiver or the qualifying patient’s
  803  personal representative to ensure the return of all marijuana
  804  and medical marijuana products and the qualifying patient’s
  805  medical marijuana patient registry identification card to a
  806  permitted facility operated by an MMTC holding a retail license
  807  within 30 days after the patient’s death. Within 30 days after
  808  the qualifying patient’s death, the qualifying patient’s
  809  caregiver must return his or her medical marijuana patient
  810  registry identification card linked to the deceased patient to
  811  such a retail facility. If a caregiver dies, it is the duty of
  812  the qualifying patient or the caregiver’s next of kin to ensure
  813  the return of the caregiver’s medical marijuana patient registry
  814  identification card to such a retail facility within 30 days
  815  after the caregiver’s death. When receiving the medical
  816  marijuana patient registry identification card of a deceased
  817  qualifying patient, the caregiver of a deceased patient, or a
  818  deceased caregiver, such retail facility must update the medical
  819  marijuana patient registry to note the death of the deceased and
  820  notify the department of the return of the medical marijuana
  821  patient registry identification cards. The retail facility may
  822  provide such notice electronically.
  823         (c) The department shall, on a quarterly basis, compare all
  824  of the qualifying patients and caregivers in the medical
  825  marijuana patient registry with the records of deaths on file in
  826  its electronic death registration system in order to identify
  827  any qualifying patient or caregiver who is deceased but is not
  828  yet identified as such in the registry. If the department
  829  becomes aware that a qualifying patient or caregiver is
  830  deceased, the department must send notice to the appropriate
  831  party of his or her duties under paragraph (b) and adjust the
  832  qualifying patient’s or caregiver’s file in the medical
  833  marijuana patient registry.
  834         (d) If, after a qualifying patient or caregiver is
  835  disqualified or deceased or a qualifying patient’s or
  836  caregiver’s registration has expired, the department becomes
  837  aware that the qualifying patient’s or caregiver’s medical
  838  marijuana patient registry identification card has not been
  839  returned to a permitted facility operated by an MMTC holding a
  840  retail license, the department must send a second notice to the
  841  qualifying patient or caregiver and notify the local police
  842  department or sheriff’s office of the expired or cancelled
  843  medical marijuana patient registry identification card.
  844         (e)The department may adopt rules as necessary to
  845  implement a process for an MMTC holding a retail license to
  846  accept and dispose of returned marijuana or medical marijuana
  847  products and patient and caregiver medical marijuana patient
  848  registry identification cards.
  849         Section 6. Section 381.994, Florida Statutes, is created to
  850  read:
  851         381.994 Medical marijuana patient registry.—
  852         (1) By July 1, 2017, the department shall create a secure,
  853  online medical marijuana patient registry that contains a file
  854  for each qualifying patient and caregiver and for each
  855  certifying physician.
  856         (a) The file for a qualifying patient must include, but
  857  need not be limited to:
  858         1.The qualifying patient’s full legal name;
  859         2. The qualifying patient’s photograph, submitted as
  860  required under s. 381.993(2)(a);
  861         3. The randomly assigned identification number on the
  862  qualifying patient’s medical marijuana patient registry
  863  identification card;
  864         4. The qualifying patient’s allowed amount of marijuana;
  865         5. The full legal name and corresponding identification
  866  number of the medical marijuana patient registry identification
  867  card of each of the qualifying patient’s caregivers, if any;
  868         6. The recommended duration for the medical use of
  869  marijuana as stated on the patient’s physician recommendation;
  870         7.The expiration date of the qualifying patient’s medical
  871  marijuana patient registry identification card; and
  872         8. The date and time that marijuana or medical marijuana
  873  products are dispensed and the amount of marijuana or medical
  874  marijuana products dispensed, for each of the qualifying
  875  patient’s transactions with an MMTC holding a retail license.
  876         (b) The file for a caregiver must include, but need not be
  877  limited to:
  878         1. The caregiver’s full legal name;
  879         2.The caregiver’s photograph, submitted as required under
  880  s. 381.993(2)(a);
  881         3. The randomly assigned identification number on each of
  882  the caregiver’s medical marijuana patient registry
  883  identification cards;
  884         4. The full legal names and identification numbers on the
  885  medical marijuana patient registry identification cards of the
  886  qualifying patients who have designated the caregiver, each
  887  patient linked to the caregiver’s medical marijuana patient
  888  registry identification card number for that patient;
  889         5. The allowed amount of marijuana, as entered in the
  890  qualifying patient’s file in the medical marijuana patient
  891  registry, for each qualifying patient to whom the caregiver’s
  892  cards are linked;
  893         6.The expiration dates of the caregiver’s medical
  894  marijuana patient registry identification cards; and
  895         7. The date and time that marijuana or medical marijuana
  896  products are dispensed and the amount of marijuana or medical
  897  marijuana products dispensed, for each of the registered
  898  caregiver’s transactions with an MMTC holding a retail license.
  899         (c) The file for a certifying physician must include, but
  900  need not be limited to:
  901         1. The certifying physician’s full legal name; and
  902         2. The certifying physician’s license number.
  903         (2) The medical marijuana patient registry must meet all of
  904  the following criteria:
  905         (a) Be accessible to MMTCs holding a retail license to
  906  verify the authenticity of a medical marijuana patient registry
  907  identification card, to verify a qualifying patient’s allowed
  908  amount of marijuana and medical marijuana products, and to
  909  determine the prior dates and times when marijuana was dispensed
  910  to the qualifying patient or the qualifying patient’s caregiver
  911  and the amount dispensed on each occasion.
  912         (b) Be able to accept in real time an original or a new
  913  physician certification form from a certifying physician which
  914  includes an original or updated physician recommendation for a
  915  qualifying patient’s allowed amount of marijuana.
  916         (c) Be accessible to law enforcement in real time in order
  917  to verify authorization for the possession of marijuana by a
  918  qualifying patient or caregiver.
  919         (d) Be able to accept and post initial and updated
  920  information to each qualifying patient’s or caregiver’s file
  921  from an MMTC holding a retail license which shows the date,
  922  time, and amount of marijuana dispensed to that qualifying
  923  patient or caregiver at the point of sale.
  924         Section 7. Section 381.995, Florida Statutes, is created to
  925  read:
  926         381.995 Medical Marijuana Treatment Centers.—
  927         (1) DEPARTMENT RESPONSIBILITIES.—By June 3, 2017, the
  928  department shall establish operating standards for the
  929  cultivation, processing, packaging, and labeling of marijuana;
  930  standards for the sale of marijuana; procedures and requirements
  931  for the registration and registration renewal of MMTCs, for the
  932  issuance and renewal of cultivation, processing, and retail
  933  licenses, and for the issuance and renewal of cultivation
  934  facility, processing facility, and retail facility permits;
  935  procedures for registering all principals, employees, and
  936  contractors of MMTCs who will participate in the operations of
  937  the MMTC; and procedures for issuing MMTC employee
  938  identification cards to registered principals, employees, and
  939  contractors of MMTCs.
  940         (2) MMTC REGISTRATION.—
  941         (a)The department shall charge a registration fee upon
  942  initial registration of an MMTC not to exceed $1,000 and a
  943  renewal fee upon the renewal of an MMTC’s registration not to
  944  exceed $500. The department shall develop a registration form
  945  for registration which, at a minimum, must require the applicant
  946  to indicate:
  947         1.The full legal name of the applicant;
  948         2.The physical address of each location where marijuana
  949  will be cultivated, processed, dispensed, or stored, as
  950  applicable to the indicated function of the applicant;
  951         3.The name, address, and date of birth of each of the
  952  applicant’s principals;
  953         4.The name, address, and date of birth of each of the
  954  applicant’s current employees and contractors who will
  955  participate in the operations of the MMTC; and
  956         5.The marijuana production functions in which the
  957  applicant intends to engage, which may include one or more of
  958  the following:
  959         a. Cultivation;
  960         b. Processing;
  961         c. Dispensing; and
  962         d. Transporting.
  963         (b)By October 3, 2017, the department shall begin
  964  registering MMTCs that have submitted completed applications for
  965  registration. To be registered as an MMTC, an applicant must
  966  submit to the department:
  967         1.A completed registration form;
  968         2.The initial registration fee;
  969         3.Registration and MMTC employee identification card
  970  applications for all principals, employees, and contractors who
  971  will participate in the operations of the MMTC;
  972         4.Proof that all principals who will not participate in
  973  the operations of the MMTC have passed a level 2 background
  974  screening pursuant to chapter 435 within the previous year;
  975         5.Proof of the financial ability to maintain operations
  976  for the duration of the registration; and
  977         6.A $1 million performance and compliance bond, to be
  978  forfeited if the MMTC fails to comply with the registration
  979  requirements of this subsection during the registration period
  980  or fails to comply with the material requirements of this
  981  section that are applicable to the functions the applicant
  982  intends to perform as indicated on the registration application.
  983  
  984  Registration as an MMTC may not be granted until all principals,
  985  employees, and contractors who will participate in the
  986  operations of the MMTC have registered with the department and
  987  have been issued MMTC employee identification cards.
  988         (c) An MMTC registration lasts for a period of 2 years and
  989  must be renewed by the MMTC before the registration’s expiration
  990  in a manner consistent with department rule for the renewal of
  991  MMTC registrations.
  992         (d)MMTCs may not cultivate, process, dispense, or
  993  transport marijuana or medical marijuana products without first
  994  obtaining the corresponding license for that function from the
  995  department as required in this section.
  996         (3) LICENSE AND PERMIT APPLICATION AND RENEWAL FEES.—
  997         (a) The department may charge an initial application fee
  998  not to exceed $1,000, a licensure fee not to exceed $50,000, and
  999  a biennial renewal fee not to exceed $50,000 for a cultivation
 1000  license.
 1001         (b) For a processing license, the department may charge an
 1002  initial application fee not to exceed $1,000, a licensure fee
 1003  not to exceed $50,000, and a biennial renewal fee not to exceed
 1004  $50,000.
 1005         (c) For a retail license, the department may charge an
 1006  initial application fee not to exceed $1,000, a licensure fee
 1007  not to exceed $10,000, and a biennial renewal fee not to exceed
 1008  $10,000.
 1009         (d)For a transportation license, the department may charge
 1010  an initial application fee not to exceed $1,000, a licensure fee
 1011  not to exceed $10,000, and a biennial renewal fee not to exceed
 1012  $10,000.
 1013         (e)For each facility permit issued, the department may
 1014  charge an initial permitting fee not to exceed $5,000 and a
 1015  biennial renewal fee not to exceed $5,000.
 1016         (4) CULTIVATION AND PROCESSING LICENSES.—The department
 1017  shall begin issuing cultivation licenses and processing licenses
 1018  by October 3, 2017.
 1019         (a) An MMTC may apply for a cultivation license, a
 1020  processing license, or both. When applying, the MMTC must
 1021  provide the department, at a minimum, with all of the following:
 1022         1. A completed cultivation license or processing license
 1023  application form;
 1024         2. The initial application fee, which must be submitted
 1025  with the completed application form;
 1026         3. The physical address of each location where marijuana
 1027  will be cultivated, processed, or stored;
 1028         4. Proof of an established infrastructure or the ability to
 1029  establish an infrastructure in a reasonable amount of time which
 1030  is designed to, as applicable to the license or licenses
 1031  requested, cultivate, process, test, package, or label marijuana
 1032  or medical marijuana products and to maintain the
 1033  infrastructure’s security and prevent the theft or diversion of
 1034  any marijuana or medical marijuana product;
 1035         5. Proof that the applicant possesses the technical and
 1036  technological ability to cultivate and test marijuana or process
 1037  and test marijuana, as applicable to the license or licenses
 1038  requested;
 1039         6. Proof of operating procedures designed to secure and
 1040  maintain accountability for all marijuana, medical marijuana
 1041  products, and marijuana-related byproducts that come into the
 1042  applicant’s possession;
 1043         7. Proof of at least $1 million of hazard and liability
 1044  insurance for each facility where cultivation or processing of
 1045  marijuana or medical marijuana products occur; and
 1046         8. The licensure fee, which the department must receive
 1047  before it may issue the license.
 1048         (b) Cultivation licenses and processing licenses expire 2
 1049  years after the date issued. The licensee must apply for a
 1050  renewed license before the expiration date. In order to receive
 1051  a renewed license, the licensee must meet all of the
 1052  requirements for initial licensure; must provide all of the
 1053  documents required under paragraph (a), accompanied by the
 1054  renewal fee, but not by the initial application fee or licensure
 1055  fee; and must not have any outstanding substantial violations of
 1056  the standards adopted by department rule for the cultivation,
 1057  processing, testing, packaging, and labeling of marijuana and
 1058  medical marijuana products.
 1059         (c) Before beginning cultivation or processing, the
 1060  licensee must obtain an operating permit from the department for
 1061  each facility where cultivation or processing will occur. Upon
 1062  receiving a request for a permit from a licensee, the department
 1063  shall inspect the facility pursuant to subsection (8) for
 1064  compliance with state law, and rules adopted thereunder, and,
 1065  upon a determination of compliance, shall issue an operating
 1066  permit for the facility. The department must issue or deny the
 1067  operating permit for a facility within 30 days after receiving
 1068  the request for a permit.
 1069         (d) If a facility’s operating permit expires, the facility
 1070  must cease all applicable operations until the department
 1071  reinspects the facility and issues a new operating permit upon a
 1072  determination of compliance.
 1073         (e)Cultivation facilities and processing facilities must
 1074  be secure and closed to the public and may not be located within
 1075  1,000 feet of an existing public or private elementary or
 1076  secondary school, a child care facility as defined in s.
 1077  402.302, or a licensed service provider offering substance abuse
 1078  services. The department may establish by rule additional
 1079  security and zoning requirements for cultivation facilities and
 1080  processing facilities. All matters regarding the permitting and
 1081  regulation of cultivation facilities and processing facilities,
 1082  including the location of such facilities, are preempted to the
 1083  state.
 1084         (f) Licensees under this subsection may use contractors to
 1085  assist with the cultivation or processing of marijuana, as
 1086  applicable, but the licensee is ultimately responsible for all
 1087  of the operations performed by each contractor relating to the
 1088  cultivation or processing of marijuana and is responsible for
 1089  the physical possession of all marijuana and medical marijuana
 1090  products. All work done by a contractor must be performed at a
 1091  facility with an operating permit issued by the department. All
 1092  principals and employees of contractors contracted by a licensee
 1093  under this subsection who will participate in the operations of
 1094  the licensee must be registered with the department and issued
 1095  MMTC employee identification cards.
 1096         (g) All marijuana byproducts that cannot be processed or
 1097  that cannot be reprocessed into medical marijuana products must
 1098  be destroyed by the cultivation or processing licensee or its
 1099  contractor within 30 days after the production of the
 1100  byproducts.
 1101         (h) Licensees under this subsection may wholesale marijuana
 1102  and medical marijuana products only to other MMTCs.
 1103         (i)Transport or delivery of marijuana or medical marijuana
 1104  products outside of property owned by a licensee under this
 1105  subsection may be performed only by an MMTC that holds a
 1106  transportation license issued pursuant to subsection (6).
 1107         (5) RETAIL LICENSES.—The department shall begin issuing
 1108  retail licenses by October 3, 2017.
 1109         (a) An MMTC may apply for a retail license. When applying,
 1110  the MMTC must provide the department, at a minimum, with all of
 1111  the following:
 1112         1. A completed retail license application form;
 1113         2. The initial application fee, which must be submitted
 1114  with the completed application form;
 1115         3.A statement by the applicant indicating whether the
 1116  applicant intends to dispense by delivery. A retail licensee may
 1117  not deliver marijuana or medical marijuana products without also
 1118  obtaining a transportation license pursuant to subsection (6);
 1119         4. The physical address of each location where marijuana or
 1120  medical marijuana products will be dispensed or stored;
 1121         5. Identifying information for all other current or
 1122  previous retail licenses held by the applicant or any of the
 1123  applicant’s principals;
 1124         6. Proof of an established infrastructure, or the ability
 1125  to establish an infrastructure in a reasonable amount of time,
 1126  which is designed to receive marijuana or medical marijuana
 1127  products from a cultivation licensee or a processing licensee
 1128  and to maintain the infrastructure’s security and prevent the
 1129  theft or diversion of any marijuana or medical marijuana
 1130  product;
 1131         7. Proof of operating procedures designed to secure and
 1132  maintain accountability for all marijuana and medical marijuana
 1133  products that the applicant receives and possesses; ensure that
 1134  the allowed amount of marijuana and the specified type of
 1135  marijuana is correctly dispensed to a qualifying patient or his
 1136  or her caregiver pursuant to a physician’s certification; and
 1137  monitor the medical marijuana patient registry and
 1138  electronically update the registry with dispensing information;
 1139         8. Proof of at least $500,000 of hazard and liability
 1140  insurance for each facility where marijuana or medical marijuana
 1141  products are dispensed or stored; and
 1142         9. The licensure fee, which the department must receive
 1143  before it may issue the license.
 1144         (b) A retail license expires 2 years after the date it is
 1145  issued. The retail licensee must apply for a renewed license
 1146  before the expiration date. In order to receive a renewed
 1147  license, a retail licensee must meet all of the requirements for
 1148  initial licensure; must provide all of the documents required
 1149  under paragraph (a), accompanied by the renewal fee, but not by
 1150  the initial application fee or licensure fee; and must not have
 1151  any outstanding substantial violations of the applicable
 1152  standards adopted by department rule.
 1153         (c) Before beginning to dispense or store marijuana or
 1154  medical marijuana products, the licensee must obtain an
 1155  operating permit from the department for each facility where
 1156  marijuana or medical marijuana products will be dispensed or
 1157  stored. Upon receiving a request for a permit from a licensee,
 1158  the department shall inspect the facility pursuant to subsection
 1159  (8) for compliance with state law, and rules adopted thereunder.
 1160  Upon a determination of compliance, and if the county has not
 1161  reached its maximum number of permits and has not disallowed
 1162  permits in that county pursuant to paragraph (e), the department
 1163  shall issue an operating permit for the facility. The department
 1164  must issue or deny the operating permit for a facility within 30
 1165  days after receiving the request for a permit. An MMTC holding a
 1166  retail license must have a separate operating permit for each
 1167  retail facility it operates.
 1168         (d)The department may not grant an operating permit if the
 1169  proposed retail facility is located on the same property as a
 1170  cultivation facility or processing facility, or is located
 1171  within 1,000 feet of an existing public or private elementary or
 1172  secondary school, a child care facility as defined in s.
 1173  402.302, or a licensed service provider offering substance abuse
 1174  services.
 1175         (e)The number of permitted retail facilities in a county
 1176  may not exceed one for each 25,000 residents of the county. The
 1177  governing body of a county or municipality may, by ordinance,
 1178  refuse to allow retail facilities to be located within its
 1179  jurisdiction. The department may not issue an operating permit
 1180  for a retail facility in a county or municipality where the
 1181  board of county commissioners of that county or the city council
 1182  or other legislative body of that municipality has adopted such
 1183  an ordinance. A county or municipality may levy a local business
 1184  tax on a retail facility. If the number of operating permit
 1185  applications determined by the department to comply with state
 1186  law and rules adopted thereunder for retail facilities located
 1187  in the same county exceeds the number of operating permits
 1188  allowed for that county under this paragraph, the department
 1189  shall employ a lottery system to determine the issuance of
 1190  operating permits for that county and may not issue more than
 1191  one operating permit in that county to a single MMTC. The
 1192  department may issue an operating permit to an MMTC for an
 1193  additional retail facility in the same county if the remaining
 1194  number of allowed, but as yet unissued, permits in that county
 1195  is greater than the number of qualified applications filed by
 1196  applicants holding fewer operating permits in that county than
 1197  the MMTC.
 1198         (f) Before the expiration of an operating permit for a
 1199  retail facility, the licensee shall apply for a renewal permit
 1200  and the department shall reinspect the facility and issue a new
 1201  operating permit for that facility upon a determination of
 1202  compliance.
 1203         (g)A retail licensee or an employee of the retail licensee
 1204  may dispense the allowed amount of marijuana to a qualifying
 1205  patient or the patient’s caregiver only if the retail licensee
 1206  or employee:
 1207         1.Verifies the authenticity of the qualifying patient’s or
 1208  caregiver’s medical marijuana patient registry identification
 1209  card with the medical marijuana patient registry;
 1210         2. Verifies the physician’s prescription for marijuana with
 1211  the medical marijuana patient registry;
 1212         3.Determines that the qualifying patient has not been
 1213  dispensed the allowed amount of marijuana within the previous 29
 1214  days;
 1215         4.Issues to the qualifying patient or the qualifying
 1216  patient’s caregiver a receipt that details the date and time of
 1217  dispensing, the amount of marijuana dispensed, and the person to
 1218  whom the marijuana was dispensed; and
 1219         5. Updates the medical marijuana patient registry with the
 1220  date and time of dispensing and the amount and type of marijuana
 1221  being dispensed to the qualifying patient before dispensing to
 1222  the qualifying patient or the qualifying patient’s caregiver.
 1223         (h) A retail facility may not repackage or modify a medical
 1224  marijuana product that has already been packaged for retail sale
 1225  by a cultivation or processing licensee.
 1226         (i) A retail licensee may contract with an MMTC that has a
 1227  transportation license to transport marijuana and medical
 1228  marijuana products between properties owned by the retail
 1229  licensee, deliver the marijuana and medical marijuana products
 1230  to the residence of a qualifying patient, and pick up returns of
 1231  marijuana and medical marijuana products.
 1232         (j) Onsite consumption of marijuana or medical marijuana
 1233  products at a retail facility is prohibited.
 1234         (6) TRANSPORTATION LICENSES.—
 1235         (a) By June 3, 2017, the department shall adopt rules under
 1236  which it will issue transportation licenses to MMTCs and permit
 1237  vehicles under this subsection. An MMTC may apply for a
 1238  transportation license. When applying, the MMTC must provide the
 1239  department, at a minimum, with all of the following:
 1240         1. The physical address of the licensee’s place of
 1241  business;
 1242         2.Proof of a documentation system, including
 1243  transportation manifests, for the transportation of marijuana
 1244  and medical marijuana products between licensed facilities and
 1245  to qualifying patients;
 1246         3. Proof of health and sanitation standards for the
 1247  transportation of marijuana and medical marijuana products; and
 1248         4. Proof that all marijuana and medical marijuana products
 1249  transported between licensed facilities will be transported in
 1250  tamper-evident shipping containers.
 1251         (b) Medical marijuana may not be transported on the
 1252  property of an airport, a seaport, or a spaceport.
 1253         (c) A transportation licensee may transport marijuana or
 1254  medical marijuana products only in a vehicle that is owned or
 1255  leased by the licensee or a contractor of the licensee and for
 1256  which a valid vehicle permit has been issued by the department.
 1257         (d) A vehicle permit may be obtained by an MMTC holding a
 1258  transportation license upon application and payment of a fee of
 1259  $500 per vehicle to the department. The MMTC must designate an
 1260  employee or contracted employee as the driver for each permitted
 1261  vehicle. Such designation must be displayed in the vehicle at
 1262  all times. The permit remains valid and does not expire unless
 1263  the MMTC or its contractor disposes of the permitted vehicle or
 1264  the MMTC’s registration or transportation license is
 1265  transferred, cancelled, not renewed, or revoked by the
 1266  department. The department shall cancel a vehicle permit upon
 1267  the request of the MMTC or its contractor.
 1268         (e) By acceptance of a license issued under this
 1269  subsection, the MMTC and its contracted agent, if applicable,
 1270  agree that a permitted vehicle is, at all times it is being used
 1271  to transport marijuana or medical marijuana products, subject to
 1272  inspection and search without a search warrant by authorized
 1273  employees of the department, sheriffs, deputy sheriffs, police
 1274  officers, or other law enforcement officers to determine that
 1275  the MMTC is operating in compliance with this section.
 1276         (f)An MMTC with a transportation license may deliver, or
 1277  contract for the delivery of, marijuana and medical marijuana
 1278  products to qualifying patients and caregivers within the state.
 1279  An MMTC or its contractor must verify the identity of the
 1280  qualifying patient upon placement of the delivery order and
 1281  again upon delivery. Deliveries may only be made to the same
 1282  qualifying patient who placed the order or, if the patient is
 1283  unable to accept delivery, his or her caregiver. A county or
 1284  municipality may not prohibit deliveries of marijuana or medical
 1285  marijuana products to qualifying patients within the county or
 1286  municipality. The department shall adopt rules specific to the
 1287  delivery of marijuana and medical marijuana products to
 1288  qualifying patients and caregivers. Such rules must include:
 1289         1.Procedures for verifying the identity of the person
 1290  submitting and receiving a delivery, including required training
 1291  for delivery personnel; and
 1292         2.A maximum retail value for all marijuana, medical
 1293  marijuana products, and currency that may be in the possession
 1294  of an MMTC employee or contractor while making a delivery. This
 1295  value may not exceed $8,000.
 1296         (g)Licensees under this subsection may use contractors to
 1297  assist with the transportation of marijuana but the licensee is
 1298  ultimately responsible for all of the actions and operations of
 1299  each contractor relating to the transportation of marijuana and
 1300  must know the location of all marijuana and medical marijuana
 1301  products at all times. All principals and employees of
 1302  contractors contracted by a licensee under this subsection who
 1303  will participate in the operations of the licensee must be
 1304  registered with the department and issued an MMTC employee
 1305  identification card.
 1306         (7) ADVERTISING PROHIBITED.—An MMTC may not advertise its
 1307  marijuana or medical marijuana products. As used in this
 1308  subsection, the term “advertise” means to advise on, announce,
 1309  give notice of, publish, or call attention to a product by use
 1310  of an oral, written, or graphic statement made in a newspaper or
 1311  other publication, on radio or television, or in any electronic
 1312  medium; contained in a notice, handbill, flyer, catalog, letter,
 1313  or sign, including signage on a vehicle; or printed on or
 1314  contained in a tag or label attached to or accompanying
 1315  marijuana or a medical marijuana product.
 1316         (8) INSPECTIONS OF MMTC FACILITIES.—
 1317         (a)Inspections of MMTC facilities, other than those
 1318  inspections required to determine compliance with firesafety
 1319  standards or building codes or for law enforcement purposes, are
 1320  preempted to the state and may be conducted by the department.
 1321  The department shall inspect and permit for operation each MMTC
 1322  facility used for cultivation, processing, or dispensing
 1323  marijuana or medical marijuana products before the facility
 1324  begins operations. The department shall inspect each permitted
 1325  facility, as well as any property used for the cultivation of
 1326  marijuana, at least once every 2 years. The department may
 1327  conduct additional announced or unannounced inspections of a
 1328  permitted facility at reasonable hours in order to ensure
 1329  compliance with state law, rules, and standards set by the
 1330  department. The department or a law enforcement agency may test
 1331  any marijuana or medical marijuana product in order to ensure
 1332  that such marijuana or medical marijuana product meets the
 1333  safety and labeling standards established by the department. The
 1334  department may, by interagency agreement with the Department of
 1335  Business and Professional Regulation or the Department of
 1336  Agriculture and Consumer Services, perform joint inspections of
 1337  such facilities with these agencies.
 1338         (b)By October 3, 2017, the department shall adopt rules
 1339  governing the inspection of permitted facilities including
 1340  procedures for permitting and reasonable standards for the
 1341  operation of facilities used for cultivation, processing, or
 1342  dispensing marijuana and medical marijuana products.
 1343         (9) ACCESS TO PERMITTED FACILITIES.—The department shall
 1344  adopt rules governing access to permitted facilities and
 1345  delineating limited access areas, restricted access areas, and
 1346  general access areas at all licensed facilities. Access to
 1347  limited access areas must be limited to MMTC principals,
 1348  employees, and contractors who have been registered with the
 1349  department and have an MMTC employee identification card and to
 1350  visitors escorted by an individual who has such a card. Access
 1351  to restricted access areas must be limited to MMTC principals,
 1352  employees, and contractors who have been registered with the
 1353  department and issued an MMTC employee identification card,
 1354  visitors escorted by an individual who has such a card, and
 1355  qualifying patients and their caregivers. The department may
 1356  adopt rules governing visitor access to limited access and
 1357  restricted access areas, including, but not limited to, the
 1358  number of visitors that may be escorted on the premises at any
 1359  given time and the number of visitors that may be escorted by a
 1360  single employee.
 1361         (10)MMTC AND CONTRACTOR PERSONNEL REGISTRATION AND MMTC
 1362  EMPLOYEE IDENTIFICATION CARDS.—
 1363         (a)By October 3, 2017, the department shall adopt rules
 1364  governing the registration of MMTC principals, employees, and
 1365  contractors who participate in the operations of the MMTC. The
 1366  department may charge a reasonable fee when issuing and upon
 1367  annually renewing an MMTC employee identification card. Before
 1368  hiring or contracting with any individual who is not registered
 1369  with the department or who does not possess a current MMTC
 1370  employee identification card, an MMTC must submit an application
 1371  for the registration of that person as an MMTC employee to the
 1372  department. The department shall adopt by rule a form for such
 1373  applications which requires the applicant to at least provide
 1374  all of the following:
 1375         1.His or her full legal name, social security number, date
 1376  of birth, and home address;
 1377         2.A full color, passport-type photograph taken within the
 1378  past 90 days;
 1379         3.Proof that he or she has passed a level 2 background
 1380  screening pursuant to chapter 435 within the previous year; and
 1381         4.Whether the applicant will be authorized by the MMTC to
 1382  possess marijuana or medical marijuana products while not on
 1383  MMTC property.
 1384         (b)Once the department has received a completed
 1385  application and fee from an MMTC, the department shall register
 1386  the principal, employee, or contractor associated with the MMTC
 1387  and issue him or her an MMTC employee identification card that,
 1388  at a minimum, includes all of the following:
 1389         1.The employee’s name and the name of the MMTC that
 1390  employs him or her;
 1391         2.The employee’s photograph, as required under paragraph
 1392  (a);
 1393         3. The expiration date of the card, which is 1 year after
 1394  the date of its issuance; and
 1395         4.Whether the employee is authorized by the MMTC to
 1396  possess marijuana or medical marijuana products while not on
 1397  MMTC property.
 1398         (c)If any information provided to the department for the
 1399  registration of an MMTC principal, employee, or contractor or in
 1400  the application for an MMTC employee identification card changes
 1401  or if the registered person’s status with the MMTC changes, the
 1402  registered person and the MMTC must update the department with
 1403  the new information or status within 7 days after the change.
 1404         (11)ADDITIONAL REQUIREMENTS.—
 1405         (a) An MMTC is responsible for knowing and complying with
 1406  all state laws and rules governing marijuana.
 1407         (b) The premises of a permitted facility must comply with
 1408  all security and surveillance requirements established by
 1409  department rule before the licensee cultivates, sells,
 1410  possesses, processes, tests, or dispenses any marijuana or
 1411  medical marijuana products at the licensed facility. All areas
 1412  of ingress or egress to limited or restricted access areas of
 1413  the permitted facility must be clearly identified as such by
 1414  signage approved by the department.
 1415         (c) A licensee must possess and maintain possession of the
 1416  facility for which a permit is issued by ownership, lease,
 1417  rental, or other arrangement.
 1418         (d) A licensee must keep complete and current records for
 1419  the current tax year and the 3 preceding tax years necessary to
 1420  fully show the business transactions of the licensee, all of
 1421  which must be open at all times during business hours for
 1422  inspection and examination by the department and authorized
 1423  representatives of the Department of Law Enforcement, as
 1424  required by department rule.
 1425         (e) A licensee must establish an inventory tracking system
 1426  that is approved by the department.
 1427         (f) All marijuana and medical marijuana products must meet
 1428  the labeling and packaging requirements established by
 1429  department rule.
 1430         (12) VIOLATIONS, FINES, AND ADMINISTRATIVE PENALTIES.—
 1431         (a) The department shall adopt by rule a schedule of
 1432  violations in order to impose reasonable fines, not to exceed
 1433  $10,000 per violation, on an MMTC. In determining the amount of
 1434  the fine to be levied for a violation, the department shall
 1435  consider:
 1436         1. The severity of the violation;
 1437         2. Any action taken by the MMTC to correct the violation or
 1438  to remedy complaints; and
 1439         3. Any previous violations.
 1440         (b) The department may suspend, revoke, deny, or refuse to
 1441  renew an MMTC’s registration or function-specific license or
 1442  impose an administrative penalty not to exceed $10,000 per
 1443  violation for:
 1444         1.Violating this act or department rule;
 1445         2.Failing to maintain qualifications for registration or
 1446  licensure;
 1447         3.Endangering the health, safety, or security of a
 1448  qualifying patient or caregiver;
 1449         4.Improperly disclosing personal and confidential
 1450  information of a qualifying patient or caregiver;
 1451         5.Attempting to procure a registration, license, or permit
 1452  by bribery or fraudulent misrepresentation;
 1453         6.Being convicted or found guilty of, or entering a plea
 1454  of nolo contendere to, regardless of adjudication, a crime in
 1455  any jurisdiction which directly relates to the business of an
 1456  MMTC;
 1457         7.Making or filing a report or record that the MMTC knows
 1458  to be false;
 1459         8.Willfully failing to maintain a record required by this
 1460  section or rule of the department;
 1461         9.Willfully impeding or obstructing an employee or agent
 1462  of the department in the furtherance of his or her official
 1463  duties;
 1464         10.Engaging in fraud, deceit, negligence, incompetence, or
 1465  misconduct in the business practices of an MMTC;
 1466         11.Making misleading, deceptive, or fraudulent
 1467  representations in or related to the business practices of an
 1468  MMTC; or
 1469         12.Violating a lawful order of the department or an agency
 1470  of the state or failing to comply with a lawfully issued
 1471  subpoena of the department or an agency of the state.
 1472         (13) MMTC LIST.—The department shall maintain on its
 1473  website a publicly available, easily accessible list of the
 1474  names and locations of all retail licensees.
 1475         (14)DISPENSING ORGANIZATION GRANDFATHERING.—As soon as
 1476  practicable after the effective date of this act and not later
 1477  than October 3, 2017, the department shall:
 1478         (a) Register each dispensing organization that is in
 1479  compliance with the requirements of, and that was approved
 1480  pursuant to, chapter 2014-157, Laws of Florida, or chapter 2016
 1481  123, Laws of Florida, as an MMTC, effective retroactively to the
 1482  date of the dispensing organization’s approval as a dispensing
 1483  organization;
 1484         (b) Issue each such dispensing organization one cultivation
 1485  license, one processing license, one retail license, and one
 1486  transportation license; and
 1487         (c) For each such dispensing organization facility in
 1488  operation on or before July 1, 2017, issue the applicable permit
 1489  for the function or functions performed at that facility to the
 1490  dispensing organization.
 1491         Section 8. Section 381.9951, Florida Statutes, is created
 1492  to read:
 1493         381.9951 Taxes on marijuana and medical marijuana
 1494  products.—
 1495         (1) Notwithstanding s. 212.08, the sale of marijuana and
 1496  medical marijuana products is subject to the sales tax under
 1497  chapter 212.
 1498         (2) The Department of Revenue shall deposit, in the same
 1499  month as the Department of Revenue collects such taxes, all
 1500  proceeds of sales taxes collected on the sale of marijuana and
 1501  medical marijuana products into the Education and General
 1502  Student and Other Fees Trust Fund to fund research and
 1503  development, as determined by the Board of Governors of the
 1504  State University System, related to the safety and efficacy of
 1505  marijuana and medical marijuana products.
 1506         Section 9. Section 381.996, Florida Statutes, is created to
 1507  read:
 1508         381.996Medical marijuana testing and labeling.—
 1509         (1) To ensure accurate reporting of test results, the
 1510  department shall adopt by rule a certification process and
 1511  testing standards for independent testing laboratories. The
 1512  Department of Agriculture and Consumer Services shall provide
 1513  resources to the department regarding the certification process
 1514  and standards for laboratories that test similar agricultural
 1515  products and their derivatives in this state. The standards must
 1516  include, but need not be limited to, educational requirements
 1517  for laboratory directors, proficiency testing for professional
 1518  licensees employed by a laboratory, standard operating
 1519  procedures, and quality control procedures for testing.
 1520         (2) An MMTC may not distribute or sell marijuana or a
 1521  medical marijuana product to a retail licensee unless the batch
 1522  of origin of that marijuana or medical marijuana product has
 1523  been tested by an independent testing laboratory and the selling
 1524  MMTC has received test results from the independent testing
 1525  laboratory which certify that the batch meets the quality
 1526  standards established by the department. An independent testing
 1527  laboratory is not required to be registered as an MMTC or to
 1528  hold a transportation license under this act in order to
 1529  transport or receive marijuana or medical marijuana products for
 1530  testing purposes.
 1531         (3) When testing a batch of origin of marijuana or medical
 1532  marijuana product, an independent testing laboratory must, at a
 1533  minimum, test for:
 1534         (a) Potency, to ensure accurate labeling; and
 1535         (b) Unsafe contaminants, including, but not limited to,
 1536  dangerous microbial organisms, molds, pesticides, residual
 1537  solvents, and other harmful chemicals and toxins.
 1538         (4) Each independent testing laboratory shall report its
 1539  findings for each batch tested to the MMTC from which the batch
 1540  originated and to the department. Such findings must include, at
 1541  a minimum, the inspection certificate number or numbers of the
 1542  cultivation facility or processing facility from which the batch
 1543  originated, the size and batch number of the batch tested, the
 1544  types of tests performed on the batch, and the results of each
 1545  test. The department may require by rule the electronic
 1546  submission of findings.
 1547         (5) The department shall adopt by rule a comprehensive
 1548  tracking and labeling system that allows a marijuana plant or
 1549  medical marijuana product to be identified and tracked from
 1550  cultivation to the final retail product. The department may
 1551  adopt rules that establish qualifications for private entities
 1552  to provide product tracking services to meet the requirements of
 1553  this subsection and may establish a preferred vendor list based
 1554  on those qualifications.
 1555         (6) Before distribution or sale to a retail licensee, any
 1556  marijuana or medical marijuana product that meets department
 1557  testing standards must be packaged in a child-resistant
 1558  container and labeled with at least the name and license number
 1559  of the MMTC or MMTCs from which it originated; the inspection
 1560  certificate number of the facility or facilities where the batch
 1561  was harvested and processed; the harvest or production batch
 1562  number; the concentration range of each individual cannabinoid
 1563  present at testing; a warning statement and a universal, easily
 1564  identifiable symbol indicating that the package contains
 1565  marijuana for medical use; and any other information required
 1566  under federal or state law, rule, or regulation for that form of
 1567  product, including any additional information required for
 1568  edible products, if applicable. For purposes of this subsection,
 1569  any oil-based extraction meant for direct consumption in small
 1570  quantities as a supplement is not required to be labeled as a
 1571  food product.
 1572         (7) Before sale to a qualifying patient or caregiver, a
 1573  retail licensee must affix an additional label to each medical
 1574  marijuana product which includes the retail licensee’s name and
 1575  retail license number and the identification number on the
 1576  medical marijuana patient registry identification card of the
 1577  qualifying patient who is to receive the product.
 1578         (8) By January 1, 2018, the department shall establish
 1579  standards for quality, testing procedures, and maximum levels of
 1580  unsafe contaminants. The department shall also create a list of
 1581  individual cannabinoids for which marijuana and medical
 1582  marijuana products must be tested which specifies for each
 1583  cannabinoid the concentration considered significant and the
 1584  varying ranges of concentrations upon which a physician may base
 1585  his or her recommendation for a patient’s use of a specific
 1586  strain of marijuana.
 1587         Section 10. Section 381.997, Florida Statutes, is created
 1588  to read:
 1589         381.997 Penalties.—
 1590         (1)A qualifying patient or caregiver may not purchase,
 1591  acquire, or possess any marijuana above the allowed amount of
 1592  marijuana for the qualifying patient’s medical use. A qualifying
 1593  patient or caregiver who violates this subsection is subject to
 1594  prosecution under chapter 893.
 1595         (2)A physician may not certify marijuana or medical
 1596  marijuana products for a patient without a reasonable belief
 1597  that the patient is suffering from a debilitating medical
 1598  condition. A physician who violates this subsection commits a
 1599  misdemeanor of the first degree, punishable as provided in s.
 1600  775.082 or s. 775.083.
 1601         (3) A person who fraudulently represents that he or she has
 1602  a debilitating medical condition for the purpose of being
 1603  certified to receive marijuana or medical marijuana products by
 1604  a physician commits a misdemeanor of the first degree,
 1605  punishable as provided in s. 775.082 or s. 775.083.
 1606         (4) A person who knowingly and fraudulently uses or
 1607  attempts to use a medical marijuana patient registry
 1608  identification card that has expired, is counterfeit, or belongs
 1609  to another person commits a misdemeanor of the first degree,
 1610  punishable as provided in s. 775.082 or s. 775.083.
 1611         (5) An employee or contractor of an MMTC may not possess,
 1612  transport, or deliver any medical marijuana above the allowed
 1613  amount specified in the transport or delivery order. An employee
 1614  or contractor of an MMTC who violates this subsection commits a
 1615  misdemeanor of the first degree, punishable as provided in s.
 1616  775.082 or s. 775.083.
 1617         Section 11. Section 381.998, Florida Statutes, is created
 1618  to read:
 1619         381.998 Insurance.—The Florida Medical Marijuana Act does
 1620  not require a governmental, private, or other health insurance
 1621  provider or health care services plan to cover a claim for
 1622  reimbursement for the purchase of marijuana or medical marijuana
 1623  products; however, the act does not restrict such coverage.
 1624         Section 12. Section 381.9981, Florida Statutes, is created
 1625  to read:
 1626         381.9981 Rulemaking authority.—The department may adopt
 1627  rules to administer ss. 381.99-381.9981.
 1628         Section 13. Section 385.211, Florida Statutes, is amended
 1629  to read:
 1630         385.211 Refractory and intractable epilepsy treatment and
 1631  research at recognized medical centers.—
 1632         (1) As used in this section, the term “marijuana” has the
 1633  same meaning “low-THC cannabis” means “low-THC cannabis” as
 1634  defined in s. 381.991 but applies only to marijuana s. 381.986
 1635  that is dispensed by an MMTC only from a dispensing organization
 1636  as defined in s. 381.991 s. 381.986.
 1637         (2) Notwithstanding chapter 893, medical centers recognized
 1638  pursuant to s. 381.925, or an academic medical research
 1639  institution legally affiliated with a licensed children’s
 1640  specialty hospital as defined in s. 395.002(28) which that
 1641  contracts with the Department of Health, may conduct research on
 1642  cannabidiol and marijuana low-THC cannabis. This research may
 1643  include, but need not be is not limited to, the agricultural
 1644  development, production, clinical research, and use of liquid
 1645  medical derivatives of cannabidiol and marijuana low-THC
 1646  cannabis for the treatment for refractory or intractable
 1647  epilepsy. The authority for recognized medical centers to
 1648  conduct this research is derived from 21 C.F.R. parts 312 and
 1649  316. Current state or privately obtained research funds may be
 1650  used to support the activities described in this section.
 1651         Section 14. Subsections (2) and (3) of section 499.0295,
 1652  Florida Statutes, are amended to read:
 1653         499.0295 Experimental treatments for terminal conditions.—
 1654         (2) As used in this section, the term:
 1655         (a) “Dispensing organization” means an organization
 1656  approved by the Department of Health under s. 381.986(5) to
 1657  cultivate, process, transport, and dispense low-THC cannabis,
 1658  medical cannabis, and cannabis delivery devices.
 1659         (a)(b) “Eligible patient” means a person who:
 1660         1. Has a terminal condition that is attested to by the
 1661  patient’s physician and confirmed by a second independent
 1662  evaluation by a board-certified physician in an appropriate
 1663  specialty for that condition;
 1664         2. Has considered all other treatment options for the
 1665  terminal condition currently approved by the United States Food
 1666  and Drug Administration;
 1667         3. Has given written informed consent for the use of an
 1668  investigational drug, biological product, or device; and
 1669         4. Has documentation from his or her treating physician
 1670  that the patient meets the requirements of this paragraph.
 1671         (b)(c) “Investigational drug, biological product, or
 1672  device” means:
 1673         1. a drug, biological product, or device that has
 1674  successfully completed phase 1 of a clinical trial but has not
 1675  been approved for general use by the United States Food and Drug
 1676  Administration and remains under investigation in a clinical
 1677  trial approved by the United States Food and Drug
 1678  Administration; or
 1679         2. Medical cannabis that is manufactured and sold by a
 1680  dispensing organization.
 1681         (c)(d) “Terminal condition” means a progressive disease or
 1682  medical or surgical condition that causes significant functional
 1683  impairment, is not considered by a treating physician to be
 1684  reversible even with the administration of available treatment
 1685  options currently approved by the United States Food and Drug
 1686  Administration, and, without the administration of life
 1687  sustaining procedures, will result in death within 1 year after
 1688  diagnosis if the condition runs its normal course.
 1689         (d)(e) “Written informed consent” means a document that is
 1690  signed by a patient, a parent of a minor patient, a court
 1691  appointed guardian for a patient, or a health care surrogate
 1692  designated by a patient and includes:
 1693         1. An explanation of the currently approved products and
 1694  treatments for the patient’s terminal condition.
 1695         2. An attestation that the patient concurs with his or her
 1696  physician in believing that all currently approved products and
 1697  treatments are unlikely to prolong the patient’s life.
 1698         3. Identification of the specific investigational drug,
 1699  biological product, or device that the patient is seeking to
 1700  use.
 1701         4. A realistic description of the most likely outcomes of
 1702  using the investigational drug, biological product, or device.
 1703  The description shall include the possibility that new,
 1704  unanticipated, different, or worse symptoms might result and
 1705  death could be hastened by the proposed treatment. The
 1706  description shall be based on the physician’s knowledge of the
 1707  proposed treatment for the patient’s terminal condition.
 1708         5. A statement that the patient’s health plan or third
 1709  party administrator and physician are not obligated to pay for
 1710  care or treatment consequent to the use of the investigational
 1711  drug, biological product, or device unless required to do so by
 1712  law or contract.
 1713         6. A statement that the patient’s eligibility for hospice
 1714  care may be withdrawn if the patient begins treatment with the
 1715  investigational drug, biological product, or device and that
 1716  hospice care may be reinstated if the treatment ends and the
 1717  patient meets hospice eligibility requirements.
 1718         7. A statement that the patient understands he or she is
 1719  liable for all expenses consequent to the use of the
 1720  investigational drug, biological product, or device and that
 1721  liability extends to the patient’s estate, unless a contract
 1722  between the patient and the manufacturer of the investigational
 1723  drug, biological product, or device states otherwise.
 1724         (3) Upon the request of an eligible patient, a manufacturer
 1725  may do any of the following, or upon a physician’s order
 1726  pursuant to s. 381.986, a dispensing organization may:
 1727         (a) Make its investigational drug, biological product, or
 1728  device available under this section.
 1729         (b) Provide an investigational drug, biological product, or
 1730  device, or cannabis delivery device as defined in s. 381.986 to
 1731  an eligible patient without receiving compensation.
 1732         (c) Require an eligible patient to pay the costs of, or the
 1733  costs associated with, the manufacture of the investigational
 1734  drug, biological product, or device, or cannabis delivery device
 1735  as defined in s. 381.986.
 1736         Section 15. Subsection (3) of section 893.02, Florida
 1737  Statutes, is amended to read:
 1738         893.02 Definitions.—The following words and phrases as used
 1739  in this chapter shall have the following meanings, unless the
 1740  context otherwise requires:
 1741         (3) “Cannabis” means all parts of any plant of the genus
 1742  Cannabis, whether growing or not; the seeds thereof; the resin
 1743  extracted from any part of the plant; and every compound,
 1744  manufacture, salt, derivative, mixture, or preparation of the
 1745  plant or its seeds or resin. The term does not include “low-THC
 1746  cannabis,” as defined in s. 381.986, if manufactured, possessed,
 1747  sold, purchased, delivered, distributed, or dispensed, in
 1748  conformance with s. 381.986.
 1749         Section 16. Section 1004.441, Florida Statutes, is amended
 1750  to read:
 1751         1004.441 Refractory and intractable epilepsy treatment and
 1752  Research on the use of marijuana to treat serious medical
 1753  conditions and symptoms.—
 1754         (1) As used in this section, the term “marijuana” has the
 1755  same meaning “low-THC cannabis” means “low-THC cannabis” as
 1756  defined in s. 381.991 but applies only to marijuana s. 381.986
 1757  that is dispensed by an MMTC only from a dispensing organization
 1758  as defined in s. 381.991 s. 381.986.
 1759         (2) Notwithstanding chapter 893, state universities with
 1760  both medical and agricultural research programs, including those
 1761  that have satellite campuses or research agreements with other
 1762  similar institutions, may conduct research on marijuana and
 1763  cannabidiol and low-THC cannabis. This research may include, but
 1764  is not limited to, the agricultural development, production,
 1765  clinical research, and use of liquid medical derivatives,
 1766  medical marijuana products, and of cannabidiol and low-THC
 1767  cannabis for the treatment of any debilitating medical condition
 1768  as defined in s. 381.991 for refractory or intractable epilepsy.
 1769  The authority for state universities to conduct this research is
 1770  derived from 21 C.F.R. parts 312 and 316. Current state or
 1771  privately obtained research funds may be used to support the
 1772  activities authorized by this section.
 1773         Section 17. The University of Florida, in consultation with
 1774  a veterinary research organization, may conduct research to
 1775  determine the benefits and contraindications of the use of low
 1776  THC cannabis and low-THC cannabis products for treatment of
 1777  animals with seizure disorders or other life-limiting illnesses.
 1778  State funds may not be used for such research.
 1779         Section 18. If any provision of this act or its application
 1780  to any person or circumstance is held invalid, the invalidity
 1781  does not affect other provisions or applications of the act
 1782  which can be given effect without the invalid provision or
 1783  application, and to this end the provisions of this act are
 1784  severable.
 1785         Section 19. The Division of Law Revision and Information is
 1786  directed to replace the phrase “the effective date of this act”
 1787  wherever it occurs in this act with the date the act becomes a
 1788  law.
 1789         Section 20. This act shall take effect upon becoming a law.