SB 8-A                                    Second Engrossed (ntc)
       
       
       
       
       
       
       
       
       20178Ae2
       
    1                        A bill to be entitled                      
    2         An act relating to medical use of marijuana; providing
    3         legislative intent; amending s. 212.08, F.S.;
    4         providing an exemption from the state tax on sales,
    5         use, and other transactions for marijuana and
    6         marijuana delivery devices used for medical purposes;
    7         amending s. 381.986, F.S.; providing, revising, and
    8         deleting definitions; providing qualifying medical
    9         conditions for a patient to be eligible to receive
   10         marijuana or a marijuana delivery device; providing
   11         requirements for designating a qualified physician or
   12         medical director; providing criteria for certification
   13         of a patient for medical marijuana treatment by a
   14         qualified physician; providing for certain patients
   15         registered with the medical marijuana use registry to
   16         be deemed qualified; requiring the Department of
   17         Health to monitor physician registration and
   18         certifications in the medical marijuana use registry;
   19         requiring the Board of Medicine and the Board of
   20         Osteopathic Medicine to create a physician
   21         certification pattern review panel; providing
   22         rulemaking authority to the department and the boards;
   23         requiring the department to establish a medical
   24         marijuana use registry; specifying entities and
   25         persons who have access to the registry; providing
   26         requirements for registration of, and maintenance of
   27         registered status by, qualified patients and
   28         caregivers; providing criteria for nonresidents to
   29         prove residency for registration as a qualified
   30         patient; defining the term “seasonal resident”;
   31         authorizing the department to suspend or revoke the
   32         registration of a patient or caregiver under certain
   33         circumstances; providing requirements for the issuance
   34         of medical marijuana use registry identification
   35         cards; requiring the department to issue licenses to a
   36         certain number of medical marijuana treatment centers;
   37         providing for license renewal and revocation;
   38         providing conditions for change of ownership;
   39         providing for continuance of certain entities
   40         authorized to dispense low-THC cannabis, medical
   41         cannabis, and cannabis delivery devices; requiring a
   42         medical marijuana treatment center to comply with
   43         certain standards in the production and distribution
   44         of edibles; requiring the department to establish,
   45         maintain, and control a computer seed-to-sale
   46         marijuana tracking system; requiring background
   47         screening of owners, officers, board members, and
   48         managers of medical marijuana treatment centers;
   49         requiring the department to establish protocols and
   50         procedures for operation, conduct periodic
   51         inspections, and restrict location of medical
   52         marijuana treatment centers; providing a limit on
   53         county and municipal permit fees; authorizing counties
   54         and municipalities to determine the location of
   55         medical marijuana treatment centers by ordinance under
   56         certain conditions; providing penalties; authorizing
   57         the department to impose sanctions on persons or
   58         entities engaging in unlicensed activities; providing
   59         that a person is not exempt from prosecution for
   60         certain offenses and is not relieved from certain
   61         requirements of law under certain circumstances;
   62         providing for certain school personnel to possess
   63         marijuana pursuant to certain established policies and
   64         procedures; providing that certain research
   65         institutions may possess, test, transport, and dispose
   66         of marijuana subject to certain conditions; providing
   67         applicability; amending ss. 458.331 and 459.015, F.S.;
   68         providing additional acts by a physician or an
   69         osteopathic physician which constitute grounds for
   70         denial of a license or disciplinary action to which
   71         penalties apply; creating s. 381.988, F.S.; providing
   72         for the establishment of medical marijuana testing
   73         laboratories; requiring the Department of Health, in
   74         collaboration with the Department of Agriculture and
   75         Consumer Services and the Department of Environmental
   76         Protection, to develop certification standards and
   77         rules; providing limitations on the acquisition and
   78         distribution of marijuana by a testing laboratory;
   79         providing an exception for transfer of marijuana under
   80         certain conditions; requiring a testing laboratory to
   81         use a department-selected computer tracking system;
   82         providing grounds for disciplinary and administrative
   83         action; authorizing the department to refuse to issue
   84         or renew, or suspend or revoke, a testing laboratory
   85         license; creating s. 381.989, F.S.; defining terms;
   86         directing the department and the Department of Highway
   87         Safety and Motor Vehicles to institute public
   88         education campaigns relating to cannabis and marijuana
   89         and impaired driving; requiring evaluations of public
   90         education campaigns; authorizing the department and
   91         the Department of Highway Safety and Motor Vehicles to
   92         contract with vendors to implement and evaluate the
   93         campaigns; amending ss. 385.211, 499.0295, and 893.02,
   94         F.S.; conforming provisions to changes made by the
   95         act; creating s. 1004.4351, F.S.; providing a short
   96         title; providing legislative findings; defining terms;
   97         establishing the Coalition for Medical Marijuana
   98         Research and Education within the H. Lee Moffitt
   99         Cancer Center and Research Institute, Inc.; providing
  100         a purpose for the coalition; establishing the Medical
  101         Marijuana Research and Education Board to direct the
  102         operations of the coalition; providing for the
  103         appointment of board members; providing for terms of
  104         office, reimbursement for certain expenses, and
  105         meetings of the board; authorizing the board to
  106         appoint a coalition director; prescribing the duties
  107         of the coalition director; requiring the board to
  108         advise specified entities and officials regarding
  109         medical marijuana research and education in this
  110         state; requiring the board to annually adopt a Medical
  111         Marijuana Research and Education Plan; providing
  112         requirements for the plan; requiring the board to
  113         issue an annual report to the Governor and the
  114         Legislature by a specified date; requiring the
  115         Department of Health to submit reports to the board
  116         containing specified data; specifying responsibilities
  117         of the H. Lee Moffitt Cancer Center and Research
  118         Institute, Inc.; amending s. 1004.441, F.S.; revising
  119         definition; amending s. 1006.062, F.S.; requiring
  120         district school boards to adopt policies and
  121         procedures for access to medical marijuana by
  122         qualified patients who are students; providing
  123         emergency rulemaking authority; providing for venue
  124         for a cause of action against the department;
  125         providing for defense against certain causes of
  126         action; directing the Department of Law Enforcement to
  127         develop training for law enforcement officers and
  128         agencies; amending s. 385.212, F.S.; renaming the
  129         department’s Office of Compassionate Use; providing
  130         severability; providing a directive to the Division of
  131         Law Revision and Information; providing
  132         appropriations; providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Legislative intent.—It is the intent of the
  137  Legislature to implement s. 29, Article X of the State
  138  Constitution by creating a unified regulatory structure. If s.
  139  29, Article X of the State Constitution is amended or a
  140  constitutional amendment related to cannabis or marijuana is
  141  adopted, this act shall expire 6 months after the effective date
  142  of such amendment.
  143         Section 2. Present paragraph (l) of subsection (2) of
  144  section 212.08, Florida Statutes, is redesignated as paragraph
  145  (m), and a new paragraph (l) is added to that subsection, to
  146  read:
  147         212.08 Sales, rental, use, consumption, distribution, and
  148  storage tax; specified exemptions.—The sale at retail, the
  149  rental, the use, the consumption, the distribution, and the
  150  storage to be used or consumed in this state of the following
  151  are hereby specifically exempt from the tax imposed by this
  152  chapter.
  153         (2) EXEMPTIONS; MEDICAL.—
  154         (l)Marijuana and marijuana delivery devices, as defined in
  155  s. 381.986, are exempt from the taxes imposed under this
  156  chapter.
  157         Section 3. Section 381.986, Florida Statutes, is amended to
  158  read:
  159         (Substantial rewording of section. See
  160         s. 381.986, F.S., for present text.)
  161         381.986Medical use of marijuana.—
  162         (1)DEFINITIONS.—As used in this section, the term:
  163         (a)“Caregiver” means a resident of this state who has
  164  agreed to assist with a qualified patient’s medical use of
  165  marijuana, has a caregiver identification card, and meets the
  166  requirements of subsection (6).
  167         (b)“Chronic nonmalignant pain” means pain that is caused
  168  by a qualifying medical condition or that originates from a
  169  qualifying medical condition and persists beyond the usual
  170  course of that qualifying medical condition.
  171         (c)“Close relative” means a spouse, parent, sibling,
  172  grandparent, child, or grandchild, whether related by whole or
  173  half blood, by marriage, or by adoption.
  174         (d)“Edibles” means commercially produced food items made
  175  with marijuana oil, but no other form of marijuana, that are
  176  produced and dispensed by a medical marijuana treatment center.
  177         (e)“Low-THC cannabis” means a plant of the genus Cannabis,
  178  the dried flowers of which contain 0.8 percent or less of
  179  tetrahydrocannabinol and more than 10 percent of cannabidiol
  180  weight for weight; the seeds thereof; the resin extracted from
  181  any part of such plant; or any compound, manufacture, salt,
  182  derivative, mixture, or preparation of such plant or its seeds
  183  or resin that is dispensed from a medical marijuana treatment
  184  center.
  185         (f)“Marijuana” means all parts of any plant of the genus
  186  Cannabis, whether growing or not; the seeds thereof; the resin
  187  extracted from any part of the plant; and every compound,
  188  manufacture, salt, derivative, mixture, or preparation of the
  189  plant or its seeds or resin, including low-THC cannabis, which
  190  are dispensed from a medical marijuana treatment center for
  191  medical use by a qualified patient.
  192         (g)“Marijuana delivery device” means an object used,
  193  intended for use, or designed for use in preparing, storing,
  194  ingesting, inhaling, or otherwise introducing marijuana into the
  195  human body, and which is dispensed from a medical marijuana
  196  treatment center for medical use by a qualified patient.
  197         (h)“Marijuana testing laboratory” means a facility that
  198  collects and analyzes marijuana samples from a medical marijuana
  199  treatment center and has been certified by the department
  200  pursuant to s. 381.988.
  201         (i)“Medical director” means a person who holds an active,
  202  unrestricted license as an allopathic physician under chapter
  203  458 or osteopathic physician under chapter 459 and is in
  204  compliance with the requirements of paragraph (3)(c).
  205         (j)“Medical use” means the acquisition, possession, use,
  206  delivery, transfer, or administration of marijuana authorized by
  207  a physician certification. The term does not include:
  208         1.Possession, use, or administration of marijuana that was
  209  not purchased or acquired from a medical marijuana treatment
  210  center.
  211         2.Possession, use, or administration of marijuana in a
  212  form for smoking, in the form of commercially produced food
  213  items other than edibles, or of marijuana seeds or flower,
  214  except for flower in a sealed, tamper-proof receptacle for
  215  vaping.
  216         3.Use or administration of any form or amount of marijuana
  217  in a manner that is inconsistent with the qualified physician’s
  218  directions or physician certification.
  219         4.Transfer of marijuana to a person other than the
  220  qualified patient for whom it was authorized or the qualified
  221  patient’s caregiver on behalf of the qualified patient.
  222         5.Use or administration of marijuana in the following
  223  locations:
  224         a.On any form of public transportation, except for low-THC
  225  cannabis.
  226         b.In any public place, except for low-THC cannabis.
  227         c.In a qualified patient’s place of employment, except
  228  when permitted by his or her employer.
  229         d.In a state correctional institution, as defined in s.
  230  944.02, or a correctional institution, as defined in s. 944.241.
  231         e.On the grounds of a preschool, primary school, or
  232  secondary school, except as provided in s. 1006.062.
  233         f.In a school bus, a vehicle, an aircraft, or a motorboat,
  234  except for low-THC cannabis.
  235         (k)“Physician certification” means a qualified physician’s
  236  authorization for a qualified patient to receive marijuana and a
  237  marijuana delivery device from a medical marijuana treatment
  238  center.
  239         (l)“Qualified patient” means a resident of this state who
  240  has been added to the medical marijuana use registry by a
  241  qualified physician to receive marijuana or a marijuana delivery
  242  device for a medical use and who has a qualified patient
  243  identification card.
  244         (m)“Qualified physician” means a person who holds an
  245  active, unrestricted license as an allopathic physician under
  246  chapter 458 or as an osteopathic physician under chapter 459 and
  247  is in compliance with the physician education requirements of
  248  subsection (3).
  249         (n)“Smoking” means burning or igniting a substance and
  250  inhaling the smoke.
  251         (o)“Terminal condition” means a progressive disease or
  252  medical or surgical condition that causes significant functional
  253  impairment, is not considered by a treating physician to be
  254  reversible without the administration of life-sustaining
  255  procedures, and will result in death within 1 year after
  256  diagnosis if the condition runs its normal course.
  257         (2)QUALIFYING MEDICAL CONDITIONS.—A patient must be
  258  diagnosed with at least one of the following conditions to
  259  qualify to receive marijuana or a marijuana delivery device:
  260         (a)Cancer.
  261         (b)Epilepsy.
  262         (c)Glaucoma.
  263         (d)Positive status for human immunodeficiency virus.
  264         (e)Acquired immune deficiency syndrome.
  265         (f)Post-traumatic stress disorder.
  266         (g)Amyotrophic lateral sclerosis.
  267         (h)Crohn’s disease.
  268         (i)Parkinson’s disease.
  269         (j)Multiple sclerosis.
  270         (k)Medical conditions of the same kind or class as or
  271  comparable to those enumerated in paragraphs (a)-(j).
  272         (l)A terminal condition diagnosed by a physician other
  273  than the qualified physician issuing the physician
  274  certification.
  275         (m)Chronic nonmalignant pain.
  276         (3)QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  277         (a)Before being approved as a qualified physician, as
  278  defined in paragraph (1)(m), and before each license renewal, a
  279  physician must successfully complete a 2-hour course and
  280  subsequent examination offered by the Florida Medical
  281  Association or the Florida Osteopathic Medical Association which
  282  encompass the requirements of this section and any rules adopted
  283  hereunder. The course and examination shall be administered at
  284  least annually and may be offered in a distance learning format,
  285  including an electronic, online format that is available upon
  286  request. The price of the course may not exceed $500. A
  287  physician who has met the physician education requirements of
  288  former s. 381.986(4), Florida Statutes 2016, before the
  289  effective date of this section, shall be deemed to be in
  290  compliance with this paragraph from the effective date of this
  291  act until 90 days after the course and examination required by
  292  this paragraph become available.
  293         (b)A qualified physician may not be employed by, or have
  294  any direct or indirect economic interest in, a medical marijuana
  295  treatment center or marijuana testing laboratory.
  296         (c)Before being employed as a medical director, as defined
  297  in paragraph (1)(i), and before each license renewal, a medical
  298  director must successfully complete a 2-hour course and
  299  subsequent examination offered by the Florida Medical
  300  Association or the Florida Osteopathic Medical Association which
  301  encompass the requirements of this section and any rules adopted
  302  hereunder. The course and examination shall be administered at
  303  least annually and may be offered in a distance learning format,
  304  including an electronic, online format that is available upon
  305  request. The price of the course may not exceed $500.
  306         (4)PHYSICIAN CERTIFICATION.—
  307         (a)A qualified physician may issue a physician
  308  certification only if the qualified physician:
  309         1.Conducted a physical examination while physically
  310  present in the same room as the patient and a full assessment of
  311  the medical history of the patient.
  312         2.Diagnosed the patient with at least one qualifying
  313  medical condition.
  314         3.Determined that the medical use of marijuana would
  315  likely outweigh the potential health risks for the patient, and
  316  such determination must be documented in the patient’s medical
  317  record. If a patient is younger than 18 years of age, a second
  318  physician must concur with this determination, and such
  319  concurrence must be documented in the patient’s medical record.
  320         4.Determined whether the patient is pregnant and
  321  documented such determination in the patient’s medical record. A
  322  physician may not issue a physician certification, except for
  323  low-THC cannabis, to a patient who is pregnant.
  324         5.Reviewed the patient’s controlled drug prescription
  325  history in the prescription drug monitoring program database
  326  established pursuant to s. 893.055.
  327         6.Reviews the medical marijuana use registry and confirmed
  328  that the patient does not have an active physician certification
  329  from another qualified physician.
  330         7.Registers as the issuer of the physician certification
  331  for the named qualified patient on the medical marijuana use
  332  registry in an electronic manner determined by the department,
  333  and:
  334         a.Enters into the registry the contents of the physician
  335  certification, including the patient’s qualifying condition and
  336  the dosage not to exceed the daily dose amount determined by the
  337  department, the amount and forms of marijuana authorized for the
  338  patient, and any types of marijuana delivery devices needed by
  339  the patient for the medical use of marijuana.
  340         b.Updates the registry within 7 days after any change is
  341  made to the original physician certification to reflect such
  342  change.
  343         c.Deactivates the registration of the qualified patient
  344  and the patient’s caregiver when the physician no longer
  345  recommends the medical use of marijuana for the patient.
  346         8.Obtains the voluntary and informed written consent of
  347  the patient for medical use of marijuana each time the qualified
  348  physician issues a physician certification for the patient,
  349  which shall be maintained in the patient’s medical record. The
  350  patient, or the patient’s parent or legal guardian if the
  351  patient is a minor, must sign the informed consent acknowledging
  352  that the qualified physician has sufficiently explained its
  353  content. The qualified physician must use a standardized
  354  informed consent form adopted in rule by the Board of Medicine
  355  and the Board of Osteopathic Medicine, which must include, at a
  356  minimum, information related to:
  357         a.The Federal Government’s classification of marijuana as
  358  a Schedule I controlled substance.
  359         b.The approval and oversight status of marijuana by the
  360  Food and Drug Administration.
  361         c.The current state of research on the efficacy of
  362  marijuana to treat the qualifying conditions set forth in this
  363  section.
  364         d.The potential for addiction.
  365         e.The potential effect that marijuana may have on a
  366  patient’s coordination, motor skills, and cognition, including a
  367  warning against operating heavy machinery, operating a motor
  368  vehicle, or engaging in activities that require a person to be
  369  alert or respond quickly.
  370         f.The potential side effects of marijuana use.
  371         g.The risks, benefits, and drug interactions of marijuana.
  372         h.That the patient’s de-identified health information
  373  contained in the physician certification and medical marijuana
  374  use registry may be used for research purposes.
  375         (b)If a qualified physician issues a physician
  376  certification for a qualified patient diagnosed with a
  377  qualifying medical condition pursuant to paragraph (2)(k), the
  378  physician must submit the following to the applicable board
  379  within 14 days after issuing the physician certification:
  380         1.Documentation supporting the qualified physician’s
  381  opinion that the medical condition is of the same kind or class
  382  as the conditions in paragraphs (2)(a)-(j).
  383         2.Documentation that establishes the efficacy of marijuana
  384  as treatment for the condition.
  385         3.Documentation supporting the qualified physician’s
  386  opinion that the benefits of medical use of marijuana would
  387  likely outweigh the potential health risks for the patient.
  388         4.Any other documentation as required by board rule.
  389  
  390  The department must submit such documentation to the Coalition
  391  for Medical Marijuana Research and Education established
  392  pursuant to s. 1004.4351.
  393         (c)A qualified physician may not issue a physician
  394  certification for more than three 70-day supply limits of
  395  marijuana. The department shall quantify by rule a daily dose
  396  amount with equivalent dose amounts for each allowable form of
  397  marijuana dispensed by a medical marijuana treatment center. The
  398  department shall use the daily dose amount to calculate a 70-day
  399  supply.
  400         1.A qualified physician may request an exception to the
  401  daily dose amount limit. The request shall be made
  402  electronically on a form adopted by the department in rule and
  403  must include, at a minimum:
  404         a.The qualified patient’s qualifying medical condition.
  405         b.The dosage and route of administration that was
  406  insufficient to provide relief to the qualified patient.
  407         c.A description of how the patient will benefit from an
  408  increased amount.
  409         d.The minimum daily dose amount of marijuana that would be
  410  sufficient for the treatment of the qualified patient’s
  411  qualifying medical condition.
  412         2.A qualified physician must provide the qualified
  413  patient’s records upon the request of the department.
  414         3.The department shall approve or disapprove the request
  415  within 14 days after receipt of the complete documentation
  416  required by this paragraph. The request shall be deemed approved
  417  if the department fails to act within this time period.
  418         (d)A qualified physician must evaluate an existing
  419  qualified patient at least once every 30 weeks before issuing a
  420  new physician certification. A physician must:
  421         1.Determine if the patient still meets the requirements to
  422  be issued a physician certification under paragraph (a).
  423         2. Identify and document in the qualified patient’s medical
  424  records whether the qualified patient experienced either of the
  425  following related to the medical use of marijuana:
  426         a.An adverse drug interaction with any prescription or
  427  nonprescription medication; or
  428         b.A reduction in the use of, or dependence on, other types
  429  of controlled substances as defined in s. 893.02.
  430         3.Submit a report with the findings required pursuant to
  431  subparagraph 2. to the department. The department shall submit
  432  such reports to the Coalition for Medical Marijuana Research and
  433  Education established pursuant to s. 1004.4351.
  434         (e)An active order for low-THC cannabis or medical
  435  cannabis issued pursuant to former s. 381.986, Florida Statutes
  436  2016, and registered with the compassionate use registry before
  437  the effective date of this section, is deemed a physician
  438  certification, and all patients possessing such orders are
  439  deemed qualified patients until the department begins issuing
  440  medical marijuana use registry identification cards.
  441         (f)The department shall monitor physician registration in
  442  the medical marijuana use registry and the issuance of physician
  443  certifications for practices that could facilitate unlawful
  444  diversion or misuse of marijuana or a marijuana delivery device
  445  and shall take disciplinary action as appropriate.
  446         (g)The Board of Medicine and the Board of Osteopathic
  447  Medicine shall jointly create a physician certification pattern
  448  review panel that shall review all physician certifications
  449  submitted to the medical marijuana use registry. The panel shall
  450  track and report the number of physician certifications and the
  451  qualifying medical conditions, dosage, supply amount, and form
  452  of marijuana certified. The panel shall report the data both by
  453  individual qualified physician and in the aggregate, by county,
  454  and statewide. The physician certification pattern review panel
  455  shall, beginning January 1, 2018, submit an annual report of its
  456  findings and recommendations to the Governor, the President of
  457  the Senate, and the Speaker of the House of Representatives.
  458         (h)The department, the Board of Medicine, and the Board of
  459  Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1)
  460  and 120.54 to implement this subsection.
  461         (5)MEDICAL MARIJUANA USE REGISTRY.—
  462         (a)The department shall create and maintain a secure,
  463  electronic, and online medical marijuana use registry for
  464  physicians, patients, and caregivers as provided under this
  465  section. The medical marijuana use registry must be accessible
  466  to law enforcement agencies, qualified physicians, and medical
  467  marijuana treatment centers to verify the authorization of a
  468  qualified patient or a caregiver to possess marijuana or a
  469  marijuana delivery device and record the marijuana or marijuana
  470  delivery device dispensed. The medical marijuana use registry
  471  must also be accessible to practitioners licensed to prescribe
  472  prescription drugs to ensure proper care for patients before
  473  medications that may interact with the medical use of marijuana
  474  are prescribed. The medical marijuana use registry must prevent
  475  an active registration of a qualified patient by multiple
  476  physicians.
  477         (b)The department shall determine whether an individual is
  478  a resident of this state for the purpose of registration of
  479  qualified patients and caregivers in the medical marijuana use
  480  registry. To prove residency:
  481         1.An adult resident must provide the department with a
  482  copy of his or her valid Florida driver license issued under s.
  483  322.18 or a copy of a valid Florida identification card issued
  484  under s. 322.051.
  485         2.An adult seasonal resident who cannot meet the
  486  requirements of subparagraph 1. may provide the department with
  487  a copy of two of the following that show proof of residential
  488  address:
  489         a.A deed, mortgage, monthly mortgage statement, mortgage
  490  payment booklet or residential rental or lease agreement.
  491         b.One proof of residential address from the seasonal
  492  resident’s parent, step-parent, legal guardian or other person
  493  with whom the seasonal resident resides and a statement from the
  494  person with whom the seasonal resident resides stating that the
  495  seasonal resident does reside with him or her.
  496         c.A utility hookup or work order dated within 60 days
  497  before registration in the medical use registry.
  498         d.A utility bill, not more than 2 months old.
  499         e.Mail from a financial institution, including checking,
  500  savings, or investment account statements, not more than 2
  501  months old.
  502         f.Mail from a federal, state, county, or municipal
  503  government agency, not more than 2 months old.
  504         g.Any other documentation that provides proof of
  505  residential address as determined by department rule.
  506         3.A minor must provide the department with a certified
  507  copy of a birth certificate or a current record of registration
  508  from a Florida K-12 school and must have a parent or legal
  509  guardian who meets the requirements of subparagraph 1.
  510  
  511  For the purposes of this paragraph, the term “seasonal resident”
  512  means any person who temporarily resides in this state for a
  513  period of at least 31 consecutive days in each calendar year,
  514  maintains a temporary residence in this state, returns to the
  515  state or jurisdiction of his or her residence at least one time
  516  during each calendar year, and is registered to vote or pays
  517  income tax in another state or jurisdiction.
  518         (c)The department may suspend or revoke the registration
  519  of a qualified patient or caregiver if the qualified patient or
  520  caregiver:
  521         1.Provides misleading, incorrect, false, or fraudulent
  522  information to the department;
  523         2.Obtains a supply of marijuana in an amount greater than
  524  the amount authorized by the physician certification;
  525         3.Falsifies, alters, or otherwise modifies an
  526  identification card;
  527         4.Fails to timely notify the department of any changes to
  528  his or her qualified patient status; or
  529         5.Violates the requirements of this section or any rule
  530  adopted under this section.
  531         (d)The department shall immediately suspend the
  532  registration of a qualified patient charged with a violation of
  533  chapter 893 until final disposition of any alleged offense.
  534  Thereafter, the department may extend the suspension, revoke the
  535  registration, or reinstate the registration.
  536         (e)The department shall immediately suspend the
  537  registration of any caregiver charged with a violation of
  538  chapter 893 until final disposition of any alleged offense. The
  539  department shall revoke a caregiver registration if the
  540  caregiver does not meet the requirements of subparagraph
  541  (6)(b)6.
  542         (f)The department may revoke the registration of a
  543  qualified patient or caregiver who cultivates marijuana or who
  544  acquires, possesses, or delivers marijuana from any person or
  545  entity other than a medical marijuana treatment center.
  546         (g)The department shall revoke the registration of a
  547  qualified patient, and the patient’s associated caregiver, upon
  548  notification that the patient no longer meets the criteria of a
  549  qualified patient.
  550         (h)The department may adopt rules pursuant to ss.
  551  120.536(1) and 120.54 to implement this subsection.
  552         (6)CAREGIVERS.—
  553         (a)The department must register an individual as a
  554  caregiver on the medical marijuana use registry and issue a
  555  caregiver identification card if an individual designated by a
  556  qualified patient meets all of the requirements of this
  557  subsection and department rule.
  558         (b)A caregiver must:
  559         1.Not be a qualified physician and not be employed by or
  560  have an economic interest in a medical marijuana treatment
  561  center or a marijuana testing laboratory.
  562         2.Be 21 years of age or older and a resident of this
  563  state.
  564         3.Agree in writing to assist with the qualified patient’s
  565  medical use of marijuana.
  566         4.Be registered in the medical marijuana use registry as a
  567  caregiver for no more than one qualified patient, except as
  568  provided in this paragraph.
  569         5.Successfully complete a caregiver certification course
  570  developed and administered by the department or its designee,
  571  which must be renewed biennially. The price of the course may
  572  not exceed $100.
  573         6.Pass a background screening pursuant to subsection (9),
  574  unless the patient is a close relative of the caregiver.
  575         (c)A qualified patient may designate no more than one
  576  caregiver to assist with the qualified patient’s medical use of
  577  marijuana, unless:
  578         1.The qualified patient is a minor and the designated
  579  caregivers are parents or legal guardians of the qualified
  580  patient;
  581         2.The qualified patient is an adult who has an
  582  intellectual or developmental disability that prevents the
  583  patient from being able to protect or care for himself or
  584  herself without assistance or supervision and the designated
  585  caregivers are the parents or legal guardians of the qualified
  586  patient; or
  587         3.The qualified patient is admitted to a hospice program.
  588         (d)A caregiver may be registered in the medical marijuana
  589  use registry as a designated caregiver for no more than one
  590  qualified patient, unless:
  591         1.The caregiver is a parent or legal guardian of more than
  592  one minor who is a qualified patient;
  593         2.The caregiver is a parent or legal guardian of more than
  594  one adult who is a qualified patient and who has an intellectual
  595  or developmental disability that prevents the patient from being
  596  able to protect or care for himself or herself without
  597  assistance or supervision; or
  598         3.All qualified patients the caregiver has agreed to
  599  assist are admitted to a hospice program and have requested the
  600  assistance of that caregiver with the medical use of marijuana;
  601  the caregiver is an employee of the hospice; and the caregiver
  602  provides personal care or other services directly to clients of
  603  the hospice in the scope of that employment.
  604         (e)A caregiver may not receive compensation, other than
  605  actual expenses incurred, for any services provided to the
  606  qualified patient.
  607         (f)If a qualified patient is younger than 18 years of age,
  608  only a caregiver may purchase or administer marijuana for
  609  medical use by the qualified patient. The qualified patient may
  610  not purchase marijuana.
  611         (g)A caregiver must be in immediate possession of his or
  612  her medical marijuana use registry identification card at all
  613  times when in possession of marijuana or a marijuana delivery
  614  device and must present his or her medical marijuana use
  615  registry identification card upon the request of a law
  616  enforcement officer.
  617         (h)The department may adopt rules pursuant to ss.
  618  120.536(1) and 120.54 to implement this subsection.
  619         (7)IDENTIFICATION CARDS.—
  620         (a)The department shall issue medical marijuana use
  621  registry identification cards for qualified patients and
  622  caregivers who are residents of this state, which must be
  623  renewed annually. The identification cards must be resistant to
  624  counterfeiting and tampering and must include, at a minimum, the
  625  following:
  626         1.The name, address, and date of birth of the qualified
  627  patient or caregiver.
  628         2.A full-face, passport-type, color photograph of the
  629  qualified patient or caregiver taken within the 90 days
  630  immediately preceding registration or the Florida driver license
  631  or Florida identification card photograph of the qualified
  632  patient or caregiver obtained directly from the Department of
  633  Highway Safety and Motor Vehicles.
  634         3.Identification as a qualified patient or a caregiver.
  635         4.The unique numeric identifier used for the qualified
  636  patient in the medical marijuana use registry.
  637         5.For a caregiver, the name and unique numeric identifier
  638  of the caregiver and the qualified patient or patients that the
  639  caregiver is assisting.
  640         6.The expiration date of the identification card.
  641         (b)The department must receive written consent from a
  642  qualified patient’s parent or legal guardian before it may issue
  643  an identification card to a qualified patient who is a minor.
  644         (c)The department shall adopt rules pursuant to ss.
  645  120.536(1) and 120.54 establishing procedures for the issuance,
  646  renewal, suspension, replacement, surrender, and revocation of
  647  medical marijuana use registry identification cards pursuant to
  648  this section and shall begin issuing qualified patient
  649  identification cards by October 3, 2017.
  650         (d)Applications for identification cards must be submitted
  651  on a form prescribed by the department. The department may
  652  charge a reasonable fee associated with the issuance,
  653  replacement, and renewal of identification cards. The department
  654  shall allocate $10 of the identification card fee to the
  655  Division of Research at Florida Agricultural and Mechanical
  656  University for the purpose of educating minorities about
  657  marijuana for medical use and the impact of the unlawful use of
  658  marijuana on minority communities. The department shall contract
  659  with a third-party vendor to issue identification cards. The
  660  vendor selected by the department must have experience
  661  performing similar functions for other state agencies.
  662         (e)A qualified patient or caregiver shall return his or
  663  her identification card to the department within 5 business days
  664  after revocation.
  665         (8)MEDICAL MARIJUANA TREATMENT CENTERS.—
  666         (a)The department shall license medical marijuana
  667  treatment centers to ensure reasonable statewide accessibility
  668  and availability as necessary for qualified patients registered
  669  in the medical marijuana use registry and who are issued a
  670  physician certification under this section.
  671         1.As soon as practicable, but no later than July 3, 2017,
  672  the department shall license as a medical marijuana treatment
  673  center any entity that holds an active, unrestricted license to
  674  cultivate, process, transport, and dispense low-THC cannabis,
  675  medical cannabis, and cannabis delivery devices, under former s.
  676  381.986, Florida Statutes 2016, before July 1, 2017, and which
  677  meets the requirements of this section. In addition to the
  678  authority granted under this section, these entities are
  679  authorized to dispense low-THC cannabis, medical cannabis, and
  680  cannabis delivery devices ordered pursuant to former s. 381.986,
  681  Florida Statutes 2016, which were entered into the compassionate
  682  use registry before July 1, 2017, and are authorized to begin
  683  dispensing marijuana under this section on July 3, 2017. The
  684  department may grant variances from the representations made in
  685  such an entity’s original application for approval under former
  686  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  687  Within 12 months, all processing facilities of medical marijuana
  688  treatment centers licensed subject to this paragraph shall pass
  689  a Food Safety Good Manufacturing Practices, such as Global Food
  690  Safety Initiative or equivalent, inspection by a nationally
  691  accredited certifying body. A medical marijuana treatment center
  692  that fails to meet this requirement must immediately stop all
  693  processing until it provides notice to the department that these
  694  standards have been met.
  695         2.The department shall license as medical marijuana
  696  treatment centers 10 applicants that meet the requirements of
  697  this section, under the following parameters:
  698         a. As soon as practicable, but no later than August 1,
  699  2017, the department shall license any applicant whose
  700  application was reviewed, evaluated, and scored by the
  701  department and which was denied a dispensing organization
  702  license by the department under former s. 381.986, Florida
  703  Statutes 2014; which had one or more administrative or judicial
  704  challenges pending as of January 1, 2017, or had a final ranking
  705  within one point of the highest final ranking in its region
  706  under former s. 381.986, Florida Statutes 2014; which meets the
  707  requirements of this section; and which provides documentation
  708  to the department that it has the existing infrastructure and
  709  technical and technological ability to begin cultivating
  710  marijuana within 30 days after registration as a medical
  711  marijuana treatment center.
  712         b.As soon as practicable, but no later than October 3,
  713  2017, the department shall license one applicant that is a
  714  recognized class member of Pigford v. Glickman, 185 F.R.D. 82
  715  (D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1
  716  (D.D.C. 2011) and is a member of the Black Farmers and
  717  Agriculturalists Association-Florida Chapter. An applicant
  718  licensed under this sub-subparagraph is exempt from the
  719  requirements of subparagraphs (b)1. and (b)2.
  720         c. As soon as practicable, but no later than October 3,
  721  2017, the department shall license applicants that meet the
  722  requirements of this section in sufficient numbers to result in
  723  10 total licenses issued under this subparagraph, while
  724  accounting for the number of licenses issued under sub
  725  subparagraphs a. and b.
  726         3. For up to two of the licenses issued under subparagraph
  727  2., the department shall give preference to applicants that
  728  demonstrate in their applications that they own one or more
  729  facilities that are, or were, used for the canning,
  730  concentrating, or otherwise processing of citrus fruit or citrus
  731  molasses and will use or convert the facility or facilities for
  732  the processing of marijuana.
  733         4.Within 6 months after the registration of 100,000 active
  734  qualified patients in the medical marijuana use registry, the
  735  department shall license four additional medical marijuana
  736  treatment centers that meet the requirements of this section.
  737  Thereafter, the department shall license four medical marijuana
  738  treatment centers within 6 months after the registration of each
  739  additional 100,000 active qualified patients in the medical
  740  marijuana use registry that meet the requirements of this
  741  section.
  742         5.Dispensing facilities are subject to the following
  743  requirements:
  744         a. A medical marijuana treatment center may not establish
  745  or operate more than a statewide maximum of 25 dispensing
  746  facilities, unless the medical marijuana use registry reaches a
  747  total of 100,000 active registered qualified patients. When the
  748  medical marijuana use registry reaches 100,000 active registered
  749  qualified patients, and then upon each further instance of the
  750  total active registered qualified patients increasing by
  751  100,000, the statewide maximum number of dispensing facilities
  752  that each licensed medical marijuana treatment center may
  753  establish and operate increases by five.
  754         b. A medical marijuana treatment center may not establish
  755  more than the maximum number of dispensing facilities allowed in
  756  each of the Northwest, Northeast, Central, Southwest, and
  757  Southeast Regions. The department shall determine a medical
  758  marijuana treatment center’s maximum number of dispensing
  759  facilities allowed in each region by calculating the percentage
  760  of the total statewide population contained within that region
  761  and multiplying that percentage by the medical marijuana
  762  treatment center’s statewide maximum number of dispensing
  763  facilities established under sub-subparagraph a., rounded to the
  764  nearest whole number. The department shall ensure that such
  765  rounding does not cause a medical marijuana treatment center’s
  766  total number of statewide dispensing facilities to exceed its
  767  statewide maximum. The department shall initially calculate the
  768  maximum number of dispensing facilities allowed in each region
  769  for each medical marijuana treatment center using county
  770  population estimates from the Florida Estimates of Population
  771  2016, as published by the Office of Economic and Demographic
  772  Research, and shall perform recalculations following the
  773  official release of county population data resulting from each
  774  United States Decennial Census. For the purposes of this
  775  subparagraph:
  776         (I) The Northwest Region consists of Bay, Calhoun,
  777  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  778  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  779  Walton, and Washington Counties.
  780         (II) The Northeast Region consists of Alachua, Baker,
  781  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  782  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  783  Suwannee, and Union Counties.
  784         (III) The Central Region consists of Brevard, Citrus,
  785  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  786  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  787  Counties.
  788         (IV) The Southwest Region consists of Charlotte, Collier,
  789  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  790  Okeechobee, and Sarasota Counties.
  791         (V) The Southeast Region consists of Broward, Miami-Dade,
  792  Martin, Monroe, and Palm Beach Counties.
  793         c. If a medical marijuana treatment center establishes a
  794  number of dispensing facilities within a region that is less
  795  than the number allowed for that region under sub-subparagraph
  796  b., the medical marijuana treatment center may sell one or more
  797  of its unused dispensing facility slots to other licensed
  798  medical marijuana treatment centers. For each dispensing
  799  facility slot that a medical marijuana treatment center sells,
  800  that medical marijuana treatment center’s statewide maximum
  801  number of dispensing facilities, as determined under sub
  802  subparagraph a., is reduced by one. The statewide maximum number
  803  of dispensing facilities for a medical marijuana treatment
  804  center that purchases an unused dispensing facility slot is
  805  increased by one per slot purchased. Additionally, the sale of a
  806  dispensing facility slot shall reduce the seller’s regional
  807  maximum and increase the purchaser’s regional maximum number of
  808  dispensing facilities, as determined in sub-subparagraph b., by
  809  one for that region. For any slot purchased under this sub
  810  subparagraph, the regional restriction applied to that slot’s
  811  location under sub-subparagraph b. before the purchase shall
  812  remain in effect following the purchase. A medical marijuana
  813  treatment center that sells or purchases a dispensing facility
  814  slot must notify the department within 3 days of sale.
  815         d. This subparagraph shall expire on April 1, 2020.
  816  
  817  If this subparagraph or its application to any person or
  818  circumstance is held invalid, the invalidity does not affect
  819  other provisions or applications of this act which can be given
  820  effect without the invalid provision or application, and to this
  821  end, the provisions of this subparagraph are severable.
  822         (b)An applicant for licensure as a medical marijuana
  823  treatment center shall apply to the department on a form
  824  prescribed by the department and adopted in rule. The department
  825  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  826  establishing a procedure for the issuance and biennial renewal
  827  of licenses, including initial application and biennial renewal
  828  fees sufficient to cover the costs of implementing and
  829  administering this section, and establishing supplemental
  830  licensure fees for payment beginning May 1, 2018, sufficient to
  831  cover the costs of administering ss. 381.989 and 1004.4351. The
  832  department shall identify applicants with strong diversity plans
  833  reflecting this state’s commitment to diversity and implement
  834  training programs and other educational programs to enable
  835  minority persons and minority business enterprises, as defined
  836  in s. 288.703, and veteran business enterprises, as defined in
  837  s. 295.187, to compete for medical marijuana treatment center
  838  licensure and contracts. Subject to the requirements in
  839  subparagraphs (a)2.-4., the department shall issue a license to
  840  an applicant if the applicant meets the requirements of this
  841  section and pays the initial application fee. The department
  842  shall renew the licensure of a medical marijuana treatment
  843  center biennially if the licensee meets the requirements of this
  844  section and pays the biennial renewal fee. An individual may not
  845  be an applicant, owner, officer, board member, or manager on
  846  more than one application for licensure as a medical marijuana
  847  treatment center. An individual or entity may not be awarded
  848  more than one license as a medical marijuana treatment center.
  849  An applicant for licensure as a medical marijuana treatment
  850  center must demonstrate:
  851         1.That, for the 5 consecutive years before submitting the
  852  application, the applicant has been registered to do business in
  853  in the state.
  854         2.Possession of a valid certificate of registration issued
  855  by the Department of Agriculture and Consumer Services pursuant
  856  to s. 581.131.
  857         3.The technical and technological ability to cultivate and
  858  produce marijuana, including, but not limited to, low-THC
  859  cannabis.
  860         4.The ability to secure the premises, resources, and
  861  personnel necessary to operate as a medical marijuana treatment
  862  center.
  863         5.The ability to maintain accountability of all raw
  864  materials, finished products, and any byproducts to prevent
  865  diversion or unlawful access to or possession of these
  866  substances.
  867         6.An infrastructure reasonably located to dispense
  868  marijuana to registered qualified patients statewide or
  869  regionally as determined by the department.
  870         7.The financial ability to maintain operations for the
  871  duration of the 2-year approval cycle, including the provision
  872  of certified financial statements to the department.
  873         a. Upon approval, the applicant must post a $5 million
  874  performance bond issued by an authorized surety insurance
  875  company rated in one of the three highest rating categories by a
  876  nationally recognized rating service. However, a medical
  877  marijuana treatment center serving at least 1,000 qualified
  878  patients is only required to maintain a $2 million performance
  879  bond.
  880         b. In lieu of the performance bond required under sub
  881  subparagraph a., the applicant may provide an irrevocable letter
  882  of credit payable to the department or provide cash to the
  883  department. If provided with cash under this sub-subparagraph,
  884  the department shall deposit the cash in the Grants and
  885  Donations Trust Fund within the Department of Health, subject to
  886  the same conditions as the bond regarding requirements for the
  887  applicant to forfeit ownership of the funds. If the funds
  888  deposited under this sub-subparagraph generate interest, the
  889  amount of that interest shall be used by the department for the
  890  administration of this section.
  891         8.That all owners, officers, board members, and managers
  892  have passed a background screening pursuant to subsection (9).
  893         9.The employment of a medical director to supervise the
  894  activities of the medical marijuana treatment center.
  895         10.A diversity plan that promotes and ensures the
  896  involvement of minority persons and minority business
  897  enterprises, as defined in s. 288.703, or veteran business
  898  enterprises, as defined in s. 295.187, in ownership, management,
  899  and employment. An applicant for licensure renewal must show the
  900  effectiveness of the diversity plan by including the following
  901  with his or her application for renewal:
  902         a.Representation of minority persons and veterans in the
  903  medical marijuana treatment center’s workforce;
  904         b.Efforts to recruit minority persons and veterans for
  905  employment; and
  906         c.A record of contracts for services with minority
  907  business enterprises and veteran business enterprises.
  908         11. That all processing facilities have passed a Food
  909  Safety Good Manufacturing Practices, such as Global Food Safety
  910  Initiative or equivalent, inspection by a nationally recognized
  911  certifying body.
  912         (c)A medical marijuana treatment center may not make a
  913  wholesale purchase of marijuana from, or a distribution of
  914  marijuana to, another medical marijuana treatment center, unless
  915  the medical marijuana treatment center seeking to make a
  916  wholesale purchase of marijuana submits proof of harvest failure
  917  to the department.
  918         (d)The department shall establish, maintain, and control a
  919  computer software tracking system that traces marijuana from
  920  seed to sale and allows real-time, 24-hour access by the
  921  department to data from all medical marijuana treatment centers
  922  and marijuana testing laboratories. The tracking system must
  923  allow for integration of other seed-to-sale systems and, at a
  924  minimum, include notification of when marijuana seeds are
  925  planted, when marijuana plants are harvested and destroyed, and
  926  when marijuana is transported, sold, stolen, diverted, or lost.
  927  Each medical marijuana treatment center shall use the seed-to
  928  sale tracking system established by the department or integrate
  929  its own seed-to-sale tracking system with the seed-to-sale
  930  tracking system established by the department. Each medical
  931  marijuana treatment center may use its own seed-to-sale system
  932  until the department establishes a seed-to-sale tracking system.
  933  The department may contract with a vendor to establish the seed
  934  to-sale tracking system. The vendor selected by the department
  935  may not have a contractual relationship with the department to
  936  perform any services pursuant to this section other than the
  937  seed-to-sale tracking system. The vendor may not have a direct
  938  or indirect financial interest in a medical marijuana treatment
  939  center or a marijuana testing laboratory.
  940         (e)A licensed medical marijuana treatment center shall
  941  cultivate, process, transport, and dispense marijuana for
  942  medical use. A licensed medical marijuana treatment center may
  943  not contract for services directly related to the cultivation,
  944  processing, and dispensing of marijuana or marijuana delivery
  945  devices, except that a medical marijuana treatment center
  946  licensed pursuant to subparagraph (a)1. may contract with a
  947  single entity for the cultivation, processing, transporting, and
  948  dispensing of marijuana and marijuana delivery devices. A
  949  licensed medical marijuana treatment center must, at all times,
  950  maintain compliance with the criteria demonstrated and
  951  representations made in the initial application and the criteria
  952  established in this subsection. Upon request, the department may
  953  grant a medical marijuana treatment center a variance from the
  954  representations made in the initial application. Consideration
  955  of such a request shall be based upon the individual facts and
  956  circumstances surrounding the request. A variance may not be
  957  granted unless the requesting medical marijuana treatment center
  958  can demonstrate to the department that it has a proposed
  959  alternative to the specific representation made in its
  960  application which fulfills the same or a similar purpose as the
  961  specific representation in a way that the department can
  962  reasonably determine will not be a lower standard than the
  963  specific representation in the application. A variance may not
  964  be granted from the requirements in subparagraph 2. and
  965  subparagraphs (b)1. and 2.
  966         1.A licensed medical marijuana treatment center may
  967  transfer ownership to an individual or entity who meets the
  968  requirements of this section. A publicly traded corporation or
  969  publicly traded company that meets the requirements of this
  970  section is not precluded from ownership of a medical marijuana
  971  treatment center. To accommodate a change in ownership:
  972         a.The licensed medical marijuana treatment center shall
  973  notify the department in writing at least 60 days before the
  974  anticipated date of the change of ownership.
  975         b.The individual or entity applying for initial licensure
  976  due to a change of ownership must submit an application that
  977  must be received by the department at least 60 days before the
  978  date of change of ownership.
  979         c.Upon receipt of an application for a license, the
  980  department shall examine the application and, within 30 days
  981  after receipt, notify the applicant in writing of any apparent
  982  errors or omissions and request any additional information
  983  required.
  984         d.Requested information omitted from an application for
  985  licensure must be filed with the department within 21 days after
  986  the department’s request for omitted information or the
  987  application shall be deemed incomplete and shall be withdrawn
  988  from further consideration and the fees shall be forfeited.
  989  
  990  Within 30 days after the receipt of a complete application, the
  991  department shall approve or deny the application.
  992         2.A medical marijuana treatment center, and any individual
  993  or entity who directly or indirectly owns, controls, or holds
  994  with power to vote 5 percent or more of the voting shares of a
  995  medical marijuana treatment center, may not acquire direct or
  996  indirect ownership or control of any voting shares or other form
  997  of ownership of any other medical marijuana treatment center.
  998         3.A medical marijuana treatment center may not enter into
  999  any form of profit-sharing arrangement with the property owner
 1000  or lessor of any of its facilities where cultivation,
 1001  processing, storing, or dispensing of marijuana and marijuana
 1002  delivery devices occurs.
 1003         4.All employees of a medical marijuana treatment center
 1004  must be 21 years of age or older and have passed a background
 1005  screening pursuant to subsection (9).
 1006         5.Each medical marijuana treatment center must adopt and
 1007  enforce policies and procedures to ensure employees and
 1008  volunteers receive training on the legal requirements to
 1009  dispense marijuana to qualified patients.
 1010         6.When growing marijuana, a medical marijuana treatment
 1011  center:
 1012         a.May use pesticides determined by the department, after
 1013  consultation with the Department of Agriculture and Consumer
 1014  Services, to be safely applied to plants intended for human
 1015  consumption, but may not use pesticides designated as
 1016  restricted-use pesticides pursuant to s. 487.042.
 1017         b.Must grow marijuana within an enclosed structure and in
 1018  a room separate from any other plant.
 1019         c.Must inspect seeds and growing plants for plant pests
 1020  that endanger or threaten the horticultural and agricultural
 1021  interests of the state in accordance with chapter 581 and any
 1022  rules adopted thereunder.
 1023         d.Must perform fumigation or treatment of plants, or
 1024  remove and destroy infested or infected plants, in accordance
 1025  with chapter 581 and any rules adopted thereunder.
 1026         7.Each medical marijuana treatment center must produce and
 1027  make available for purchase at least one low-THC cannabis
 1028  product.
 1029         8.A medical marijuana treatment center that produces
 1030  edibles must hold a permit to operate as a food establishment
 1031  pursuant to chapter 500, the Florida Food Safety Act, and must
 1032  comply with all the requirements for food establishments
 1033  pursuant to chapter 500 and any rules adopted thereunder.
 1034  Edibles may not contain more than 200 milligrams of
 1035  tetrahydrocannabinol and a single serving portion of an edible
 1036  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
 1037  may have a potency variance of no greater than 15 percent.
 1038  Edibles may not be attractive to children; be manufactured in
 1039  the shape of humans, cartoons, or animals; be manufactured in a
 1040  form that bears any reasonable resemblance to products available
 1041  for consumption as commercially available candy; or contain any
 1042  color additives. To discourage consumption of edibles by
 1043  children, the department shall determine by rule any shapes,
 1044  forms, and ingredients allowed and prohibited for edibles.
 1045  Medical marijuana treatment centers may not begin processing or
 1046  dispensing edibles until after the effective date of the rule.
 1047  The department shall also adopt sanitation rules providing the
 1048  standards and requirements for the storage, display, or
 1049  dispensing of edibles.
 1050         9. Before beginning medical marijuana treatment center
 1051  related functions, all processing facilities of a medical
 1052  marijuana treatment center must have passed a Food Safety Good
 1053  Manufacturing Practices, such as Global Food Safety Initiative,
 1054  inspection by a nationally recognized certifying body. A medical
 1055  marijuana treatment center that fails to pass such an inspection
 1056  must immediately stop all processing until such time as the
 1057  medical marijuana treatment center provides notice to the
 1058  department that these standards have been met.
 1059         10.When processing marijuana, a medical marijuana
 1060  treatment center must:
 1061         a.Process the marijuana within an enclosed structure and
 1062  in a room separate from other plants or products.
 1063         b. Comply with department rules when processing marijuana
 1064  with hydrocarbon solvents or other solvents or gases exhibiting
 1065  potential toxicity to humans. The department shall determine by
 1066  rule the requirements for medical marijuana treatment centers to
 1067  use such solvents or gases exhibiting potential toxicity to
 1068  humans.
 1069         c. Comply with federal and state laws and regulations and
 1070  department rules for solid and liquid wastes. The department
 1071  shall determine by rule procedures for the storage, handling,
 1072  transportation, management, and disposal of solid and liquid
 1073  waste generated during marijuana production and processing. The
 1074  Department of Environmental Protection shall assist the
 1075  department in developing such rules.
 1076         d. Test the processed marijuana using a medical marijuana
 1077  testing laboratory before it is dispensed. Results must be
 1078  verified and signed by two medical marijuana treatment center
 1079  employees. Before dispensing, the medical marijuana treatment
 1080  center must determine that the test results indicate that low
 1081  THC cannabis meets the definition of low-THC cannabis, the
 1082  concentration of tetrahydrocannabinol meets the potency
 1083  requirements of this section, the labeling of the concentration
 1084  of tetrahydrocannabinol and cannabidiol is accurate, and all
 1085  marijuana is safe for human consumption and free from
 1086  contaminants that are unsafe for human consumption. The
 1087  department shall determine by rule which contaminants must be
 1088  tested for and the maximum levels of each contaminant which are
 1089  safe for human consumption. The Department of Agriculture and
 1090  Consumer Services shall assist the department in developing the
 1091  testing requirements for contaminants that are unsafe for human
 1092  consumption in edibles. The department shall also determine by
 1093  rule the procedures for the treatment of marijuana that fails to
 1094  meet the testing requirements of this section, s. 381.988, or
 1095  department rule. The department may select a random sample from
 1096  edibles available for purchase in a dispensing facility which
 1097  shall be tested by the department to determine that the edible
 1098  meets the potency requirements of this section, is safe for
 1099  human consumption, and the labeling of the tetrahydrocannabinol
 1100  and cannabidiol concentration is accurate. A medical marijuana
 1101  treatment center may not require payment from the department for
 1102  the sample. A medical marijuana treatment center must recall
 1103  edibles, including all edibles made from the same batch of
 1104  marijuana, which fail to meet the potency requirements of this
 1105  section, which are unsafe for human consumption, or for which
 1106  the labeling of the tetrahydrocannabinol and cannabidiol
 1107  concentration is inaccurate. The medical marijuana treatment
 1108  center must retain records of all testing and samples of each
 1109  homogenous batch of marijuana for at least 9 months. The medical
 1110  marijuana treatment center must contract with a marijuana
 1111  testing laboratory to perform audits on the medical marijuana
 1112  treatment center’s standard operating procedures, testing
 1113  records, and samples and provide the results to the department
 1114  to confirm that the marijuana or low-THC cannabis meets the
 1115  requirements of this section and that the marijuana or low-THC
 1116  cannabis is safe for human consumption. A medical marijuana
 1117  treatment center shall reserve two processed samples from each
 1118  batch and retain such samples for at least 9 months for the
 1119  purpose of such audits. A medical marijuana treatment center may
 1120  use a laboratory that has not been certified by the department
 1121  under s. 381.988 until such time as at least one laboratory
 1122  holds the required certification, but in no event later than
 1123  July 1, 2018.
 1124         e. Package the marijuana in compliance with the United
 1125  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
 1126  1471 et seq.
 1127         f. Package the marijuana in a receptacle that has a firmly
 1128  affixed and legible label stating the following information:
 1129         (I)The marijuana or low-THC cannabis meets the
 1130  requirements of sub-subparagraph d.
 1131         (II)The name of the medical marijuana treatment center
 1132  from which the marijuana originates.
 1133         (III)The batch number and harvest number from which the
 1134  marijuana originates and the date dispensed.
 1135         (IV)The name of the physician who issued the physician
 1136  certification.
 1137         (V)The name of the patient.
 1138         (VI)The product name, if applicable, and dosage form,
 1139  including concentration of tetrahydrocannabinol and cannabidiol.
 1140  The product name may not contain wording commonly associated
 1141  with products marketed by or to children.
 1142         (VII)The recommended dose.
 1143         (VIII)A warning that it is illegal to transfer medical
 1144  marijuana to another person.
 1145         (IX)A marijuana universal symbol developed by the
 1146  department.
 1147         11.The medical marijuana treatment center shall include in
 1148  each package a patient package insert with information on the
 1149  specific product dispensed related to:
 1150         a.Clinical pharmacology.
 1151         b.Indications and use.
 1152         c.Dosage and administration.
 1153         d.Dosage forms and strengths.
 1154         e.Contraindications.
 1155         f.Warnings and precautions.
 1156         g.Adverse reactions.
 1157         12.Each edible shall be individually sealed in plain,
 1158  opaque wrapping marked only with the marijuana universal symbol.
 1159  Where practical, each edible shall be marked with the marijuana
 1160  universal symbol. In addition to the packaging and labeling
 1161  requirements in subparagraphs 10. and 11., edible receptacles
 1162  must be plain, opaque, and white without depictions of the
 1163  product or images other than the medical marijuana treatment
 1164  center’s department-approved logo and the marijuana universal
 1165  symbol. The receptacle must also include a list all of the
 1166  edible’s ingredients, storage instructions, an expiration date,
 1167  a legible and prominent warning to keep away from children and
 1168  pets, and a warning that the edible has not been produced or
 1169  inspected pursuant to federal food safety laws.
 1170         13.When dispensing marijuana or a marijuana delivery
 1171  device, a medical marijuana treatment center:
 1172         a.May dispense any active, valid order for low-THC
 1173  cannabis, medical cannabis and cannabis delivery devices issued
 1174  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1175  entered into the medical marijuana use registry before July 1,
 1176  2017.
 1177         b.May not dispense more than a 70-day supply of marijuana
 1178  to a qualified patient or caregiver.
 1179         c.Must have the medical marijuana treatment center’s
 1180  employee who dispenses the marijuana or a marijuana delivery
 1181  device enter into the medical marijuana use registry his or her
 1182  name or unique employee identifier.
 1183         d.Must verify that the qualified patient and the
 1184  caregiver, if applicable, each has an active registration in the
 1185  medical marijuana use registry and an active and valid medical
 1186  marijuana use registry identification card, the amount and type
 1187  of marijuana dispensed matches the physician certification in
 1188  the medical marijuana use registry for that qualified patient,
 1189  and the physician certification has not already been filled.
 1190         e.May not dispense marijuana to a qualified patient who is
 1191  younger than 18 years of age. If the qualified patient is
 1192  younger than 18 years of age, marijuana may only be dispensed to
 1193  the qualified patient’s caregiver.
 1194         f.May not dispense or sell any other type of cannabis,
 1195  alcohol, or illicit drug-related product, including pipes,
 1196  bongs, or wrapping papers, other than a marijuana delivery
 1197  device required for the medical use of marijuana and which is
 1198  specified in a physician certification.
 1199         g.Must, upon dispensing the marijuana or marijuana
 1200  delivery device, record in the registry the date, time,
 1201  quantity, and form of marijuana dispensed; the type of marijuana
 1202  delivery device dispensed; and the name and medical marijuana
 1203  use registry identification number of the qualified patient or
 1204  caregiver to whom the marijuana delivery device was dispensed.
 1205         h.Must ensure that patient records are not visible to
 1206  anyone other than the qualified patient, his or her caregiver,
 1207  and authorized medical marijuana treatment center employees.
 1208         (f)To ensure the safety and security of premises where the
 1209  cultivation, processing, storing, or dispensing of marijuana
 1210  occurs, and to maintain adequate controls against the diversion,
 1211  theft, and loss of marijuana or marijuana delivery devices, a
 1212  medical marijuana treatment center shall:
 1213         1.a.Maintain a fully operational security alarm system
 1214  that secures all entry points and perimeter windows and is
 1215  equipped with motion detectors; pressure switches; and duress,
 1216  panic, and hold-up alarms; and
 1217         b.Maintain a video surveillance system that records
 1218  continuously 24 hours a day and meets the following criteria:
 1219         (I)Cameras are fixed in a place that allows for the clear
 1220  identification of persons and activities in controlled areas of
 1221  the premises. Controlled areas include grow rooms, processing
 1222  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1223  rooms.
 1224         (II)Cameras are fixed in entrances and exits to the
 1225  premises, which shall record from both indoor and outdoor, or
 1226  ingress and egress, vantage points.
 1227         (III)Recorded images must clearly and accurately display
 1228  the time and date.
 1229         (IV)Retain video surveillance recordings for at least 45
 1230  days or longer upon the request of a law enforcement agency.
 1231         2.Ensure that the medical marijuana treatment center’s
 1232  outdoor premises have sufficient lighting from dusk until dawn.
 1233         3.Ensure that the indoor premises where dispensing occurs
 1234  includes a waiting area with sufficient space and seating to
 1235  accommodate qualified patients and caregivers and at least one
 1236  private consultation area that is isolated from the waiting area
 1237  and area where dispensing occurs. A medical marijuana treatment
 1238  center may not display products or dispense marijuana or
 1239  marijuana delivery devices in the waiting area.
 1240         4.Not dispense from its premises marijuana or a marijuana
 1241  delivery device between the hours of 9 p.m. and 7 a.m., but may
 1242  perform all other operations and deliver marijuana to qualified
 1243  patients 24 hours a day.
 1244         5.Store marijuana in a secured, locked room or a vault.
 1245         6.Require at least two of its employees, or two employees
 1246  of a security agency with whom it contracts, to be on the
 1247  premises at all times where cultivation, processing, or storing
 1248  of marijuana occurs.
 1249         7.Require each employee or contractor to wear a photo
 1250  identification badge at all times while on the premises.
 1251         8.Require each visitor to wear a visitor pass at all times
 1252  while on the premises.
 1253         9.Implement an alcohol and drug-free workplace policy.
 1254         10.Report to local law enforcement within 24 hours after
 1255  the medical marijuana treatment center is notified or becomes
 1256  aware of the theft, diversion, or loss of marijuana.
 1257         (g)To ensure the safe transport of marijuana and marijuana
 1258  delivery devices to medical marijuana treatment centers,
 1259  marijuana testing laboratories, or qualified patients, a medical
 1260  marijuana treatment center must:
 1261         1.Maintain a marijuana transportation manifest in any
 1262  vehicle transporting marijuana. The marijuana transportation
 1263  manifest must be generated from a medical marijuana treatment
 1264  center’s seed-to-sale tracking system and include the:
 1265         a.Departure date and approximate time of departure.
 1266         b.Name, location address, and license number of the
 1267  originating medical marijuana treatment center.
 1268         c.Name and address of the recipient of the delivery.
 1269         d.Quantity and form of any marijuana or marijuana delivery
 1270  device being transported.
 1271         e.Arrival date and estimated time of arrival.
 1272         f.Delivery vehicle make and model and license plate
 1273  number.
 1274         g.Name and signature of the medical marijuana treatment
 1275  center employees delivering the product.
 1276         (I)A copy of the marijuana transportation manifest must be
 1277  provided to each individual, medical marijuana treatment center,
 1278  or marijuana testing laboratory that receives a delivery. The
 1279  individual, or a representative of the center or laboratory,
 1280  must sign a copy of the marijuana transportation manifest
 1281  acknowledging receipt.
 1282         (II)An individual transporting marijuana or a marijuana
 1283  delivery device must present a copy of the relevant marijuana
 1284  transportation manifest and his or her employee identification
 1285  card to a law enforcement officer upon request.
 1286         (III)Medical marijuana treatment centers and marijuana
 1287  testing laboratories must retain copies of all marijuana
 1288  transportation manifests for at least 3 years.
 1289         2.Ensure only vehicles in good working order are used to
 1290  transport marijuana.
 1291         3.Lock marijuana and marijuana delivery devices in a
 1292  separate compartment or container within the vehicle.
 1293         4.Require employees to have possession of their employee
 1294  identification card at all times when transporting marijuana or
 1295  marijuana delivery devices.
 1296         5.Require at least two persons to be in a vehicle
 1297  transporting marijuana or marijuana delivery devices, and
 1298  require at least one person to remain in the vehicle while the
 1299  marijuana or marijuana delivery device is being delivered.
 1300         6.Provide specific safety and security training to
 1301  employees transporting or delivering marijuana and marijuana
 1302  delivery devices.
 1303         (h)A medical marijuana treatment center may not engage in
 1304  advertising that is visible to members of the public from any
 1305  street, sidewalk, park, or other public place, except:
 1306         1.The dispensing location of a medical marijuana treatment
 1307  center may have a sign that is affixed to the outside or hanging
 1308  in the window of the premises which identifies the dispensary by
 1309  the licensee’s business name, a department-approved trade name,
 1310  or a department-approved logo. A medical marijuana treatment
 1311  center’s trade name and logo may not contain wording or images
 1312  commonly associated with marketing targeted toward children or
 1313  which promote recreational use of marijuana.
 1314         2.A medical marijuana treatment center may engage in
 1315  Internet advertising and marketing under the following
 1316  conditions:
 1317         a.All advertisements must be approved by the department.
 1318         b.An advertisement may not have any content that
 1319  specifically targets individuals under the age of 18, including
 1320  cartoon characters or similar images.
 1321         c.An advertisement may not be an unsolicited pop-up
 1322  advertisement.
 1323         d.Opt-in marketing must include an easy and permanent opt
 1324  out feature.
 1325         (i)Each medical marijuana treatment center that dispenses
 1326  marijuana and marijuana delivery devices shall make available to
 1327  the public on its website:
 1328         1.Each marijuana and low-THC product available for
 1329  purchase, including the form, strain of marijuana from which it
 1330  was extracted, cannabidiol content, tetrahydrocannabinol
 1331  content, dose unit, total number of doses available, and the
 1332  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1333         2.The price for a 30-day, 50-day, and 70-day supply at a
 1334  standard dose for each marijuana and low-THC product available
 1335  for purchase.
 1336         3.The price for each marijuana delivery device available
 1337  for purchase.
 1338         4.If applicable, any discount policies and eligibility
 1339  criteria for such discounts.
 1340         (j)Medical marijuana treatment centers are the sole source
 1341  from which a qualified patient may legally obtain marijuana.
 1342         (k)The department may adopt rules pursuant to ss.
 1343  120.536(1) and 120.54 to implement this subsection.
 1344         (9)BACKGROUND SCREENING.-An individual required to undergo
 1345  a background screening pursuant to this section must pass a
 1346  level 2 background screening as provided under chapter 435,
 1347  which, in addition to the disqualifying offenses provided in s.
 1348  435.04, shall exclude an individual who has an arrest awaiting
 1349  final disposition for, has been found guilty of, regardless of
 1350  adjudication, or has entered a plea of nolo contendere or guilty
 1351  to an offense under chapter 837, chapter 895, or chapter 896 or
 1352  similar law of another jurisdiction.
 1353         (a)Such individual must submit a full set of fingerprints
 1354  to the department or to a vendor, entity, or agency authorized
 1355  by s. 943.053(13). The department, vendor, entity, or agency
 1356  shall forward the fingerprints to the Department of Law
 1357  Enforcement for state processing, and the Department of Law
 1358  Enforcement shall forward the fingerprints to the Federal Bureau
 1359  of Investigation for national processing.
 1360         (b)Fees for state and federal fingerprint processing and
 1361  retention shall be borne by the individual. The state cost for
 1362  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1363  for records provided to persons or entities other than those
 1364  specified as exceptions therein.
 1365         (c)Fingerprints submitted to the Department of Law
 1366  Enforcement pursuant to this subsection shall be retained by the
 1367  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1368  (h) and, when the Department of Law Enforcement begins
 1369  participation in the program, enrolled in the Federal Bureau of
 1370  Investigation’s national retained print arrest notification
 1371  program. Any arrest record identified shall be reported to the
 1372  department.
 1373         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1374  ADMINISTRATIVE ACTIONS.—
 1375         (a)The department shall conduct announced or unannounced
 1376  inspections of medical marijuana treatment centers to determine
 1377  compliance with this section or rules adopted pursuant to this
 1378  section.
 1379         (b)The department shall inspect a medical marijuana
 1380  treatment center upon receiving a complaint or notice that the
 1381  medical marijuana treatment center has dispensed marijuana
 1382  containing mold, bacteria, or other contaminant that may cause
 1383  or has caused an adverse effect to human health or the
 1384  environment.
 1385         (c)The department shall conduct at least a biennial
 1386  inspection of each medical marijuana treatment center to
 1387  evaluate the medical marijuana treatment center’s records,
 1388  personnel, equipment, processes, security measures, sanitation
 1389  practices, and quality assurance practices.
 1390         (d)The Department of Agriculture and Consumer Services and
 1391  the department shall enter into an interagency agreement to
 1392  ensure cooperation and coordination in the performance of their
 1393  obligations under this section and their respective regulatory
 1394  and authorizing laws. The department, the Department of Highway
 1395  Safety and Motor Vehicles, and the Department of Law Enforcement
 1396  may enter into interagency agreements for the purposes specified
 1397  in this subsection or subsection (7).
 1398         (e)The department shall publish a list of all approved
 1399  medical marijuana treatment centers, medical directors, and
 1400  qualified physicians on its website.
 1401         (f)The department may impose reasonable fines not to
 1402  exceed $10,000 on a medical marijuana treatment center for any
 1403  of the following violations:
 1404         1.Violating this section or department rule.
 1405         2.Failing to maintain qualifications for approval.
 1406         3.Endangering the health, safety, or security of a
 1407  qualified patient.
 1408         4.Improperly disclosing personal and confidential
 1409  information of the qualified patient.
 1410         5.Attempting to procure medical marijuana treatment center
 1411  approval by bribery, fraudulent misrepresentation, or extortion.
 1412         6.Being convicted or found guilty of, or entering a plea
 1413  of guilty or nolo contendere to, regardless of adjudication, a
 1414  crime in any jurisdiction which directly relates to the business
 1415  of a medical marijuana treatment center.
 1416         7.Making or filing a report or record that the medical
 1417  marijuana treatment center knows to be false.
 1418         8.Willfully failing to maintain a record required by this
 1419  section or department rule.
 1420         9.Willfully impeding or obstructing an employee or agent
 1421  of the department in the furtherance of his or her official
 1422  duties.
 1423         10.Engaging in fraud or deceit, negligence, incompetence,
 1424  or misconduct in the business practices of a medical marijuana
 1425  treatment center.
 1426         11.Making misleading, deceptive, or fraudulent
 1427  representations in or related to the business practices of a
 1428  medical marijuana treatment center.
 1429         12.Having a license or the authority to engage in any
 1430  regulated profession, occupation, or business that is related to
 1431  the business practices of a medical marijuana treatment center
 1432  suspended, revoked, or otherwise acted against by the licensing
 1433  authority of any jurisdiction, including its agencies or
 1434  subdivisions, for a violation that would constitute a violation
 1435  under Florida law.
 1436         13.Violating a lawful order of the department or an agency
 1437  of the state, or failing to comply with a lawfully issued
 1438  subpoena of the department or an agency of the state.
 1439         (g)The department may suspend, revoke, or refuse to renew
 1440  a medical marijuana treatment center license if the medical
 1441  marijuana treatment center commits any of the violations in
 1442  paragraph (f).
 1443         (h)The department may adopt rules pursuant to ss.
 1444  120.536(1) and 120.54 to implement this subsection.
 1445         (11)PREEMPTION.—Regulation of cultivation, processing, and
 1446  delivery of marijuana by medical marijuana treatment centers is
 1447  preempted to the state except as provided in this subsection.
 1448         (a)A medical marijuana treatment center cultivating or
 1449  processing facility may not be located within 500 feet of the
 1450  real property that comprises a public or private elementary
 1451  school, middle school, or secondary school.
 1452         (b)1. A county or municipality may, by ordinance, ban
 1453  medical marijuana treatment center dispensing facilities from
 1454  being located within the boundaries of that county or
 1455  municipality. A county or municipality that does not ban
 1456  dispensing facilities under this subparagraph may not place
 1457  specific limits, by ordinance, on the number of dispensing
 1458  facilities that may locate within that county or municipality.
 1459         2. A municipality may determine by ordinance the criteria
 1460  for the location of, and other permitting requirements that do
 1461  not conflict with state law or department rule for, medical
 1462  marijuana treatment center dispensing facilities located within
 1463  the boundaries of that municipality. A county may determine by
 1464  ordinance the criteria for the location of, and other permitting
 1465  requirements that do not conflict with state law or department
 1466  rule for, all such dispensing facilities located within the
 1467  unincorporated areas of that county. Except as provided in
 1468  paragraph (c), a county or municipality may not enact ordinances
 1469  for permitting or for determining the location of dispensing
 1470  facilities which are more restrictive than its ordinances
 1471  permitting or determining the locations for pharmacies licensed
 1472  under chapter 465. A municipality or county may not charge a
 1473  medical marijuana treatment center a license or permit fee in an
 1474  amount greater than the fee charged by such municipality or
 1475  county to pharmacies. A dispensing facility location approved by
 1476  a municipality or county pursuant to former s. 381.986(8)(b),
 1477  Florida Statutes 2016, is not subject to the location
 1478  requirements of this subsection.
 1479         (c)A medical marijuana treatment center dispensing
 1480  facility may not be located within 500 feet of the real property
 1481  that comprises a public or private elementary school, middle
 1482  school, or secondary school unless the county or municipality
 1483  approves the location through a formal proceeding open to the
 1484  public at which the county or municipality determines that the
 1485  location promotes the public health, safety, and general welfare
 1486  of the community.
 1487         (d)This subsection does not prohibit any local
 1488  jurisdiction from ensuring medical marijuana treatment center
 1489  facilities comply with the Florida Building Code, the Florida
 1490  Fire Prevention Code, or any local amendments to the Florida
 1491  Building Code or the Florida Fire Prevention Code.
 1492         (12)PENALTIES.—
 1493         (a)A qualified physician commits a misdemeanor of the
 1494  first degree, punishable as provided in s. 775.082 or s.
 1495  775.083, if the qualified physician issues a physician
 1496  certification for the medical use of marijuana for a patient
 1497  without a reasonable belief that the patient is suffering from a
 1498  qualifying medical condition.
 1499         (b)A person who fraudulently represents that he or she has
 1500  a qualifying medical condition to a qualified physician for the
 1501  purpose of being issued a physician certification commits a
 1502  misdemeanor of the first degree, punishable as provided in s.
 1503  775.082 or s. 775.083.
 1504         (c)A qualified patient who uses marijuana, not including
 1505  low-THC cannabis, or a caregiver who administers marijuana, not
 1506  including low-THC cannabis, in plain view of or in a place open
 1507  to the general public; in a school bus, a vehicle, an aircraft,
 1508  or a boat; or on the grounds of a school except as provided in
 1509  s. 1006.062, commits a misdemeanor of the first degree,
 1510  punishable as provided in s. 775.082 or s. 775.083.
 1511         (d)A qualified patient or caregiver who cultivates
 1512  marijuana or who purchases or acquires marijuana from any person
 1513  or entity other than a medical marijuana treatment center
 1514  violates s. 893.13 and is subject to the penalties provided
 1515  therein.
 1516         (e)1.A qualified patient or caregiver in possession of
 1517  marijuana or a marijuana delivery device who fails or refuses to
 1518  present his or her marijuana use registry identification card
 1519  upon the request of a law enforcement officer commits a
 1520  misdemeanor of the second degree, punishable as provided in s.
 1521  775.082 or s. 775.083, unless it can be determined through the
 1522  medical marijuana use registry that the person is authorized to
 1523  be in possession of that marijuana or marijuana delivery device.
 1524         2.A person charged with a violation of this paragraph may
 1525  not be convicted if, before or at the time of his or her court
 1526  or hearing appearance, the person produces in court or to the
 1527  clerk of the court in which the charge is pending a medical
 1528  marijuana use registry identification card issued to him or her
 1529  which is valid at the time of his or her arrest. The clerk of
 1530  the court is authorized to dismiss such case at any time before
 1531  the defendant’s appearance in court. The clerk of the court may
 1532  assess a fee of $5 for dismissing the case under this paragraph.
 1533         (f)A caregiver who violates any of the applicable
 1534  provisions of this section or applicable department rules, for
 1535  the first offense, commits a misdemeanor of the second degree,
 1536  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1537  second or subsequent offense, commits a misdemeanor of the first
 1538  degree, punishable as provided in s. 775.082 or s. 775.083.
 1539         (g)A qualified physician who issues a physician
 1540  certification for marijuana or a marijuana delivery device and
 1541  receives compensation from a medical marijuana treatment center
 1542  related to the issuance of a physician certification for
 1543  marijuana or a marijuana delivery device is subject to
 1544  disciplinary action under the applicable practice act and s.
 1545  456.072(1)(n).
 1546         (h)A person transporting marijuana or marijuana delivery
 1547  devices on behalf of a medical marijuana treatment center or
 1548  marijuana testing laboratory who fails or refuses to present a
 1549  transportation manifest upon the request of a law enforcement
 1550  officer commits a misdemeanor of the second degree, punishable
 1551  as provided in s. 775.082 or s. 775.083.
 1552         (i)Persons and entities conducting activities authorized
 1553  and governed by this section and s. 381.988 are subject to ss.
 1554  456.053, 456.054, and 817.505, as applicable.
 1555         (j)A person or entity that cultivates, processes,
 1556  distributes, sells, or dispenses marijuana, as defined in s.
 1557  29(b)(4), Art. X of the State Constitution, and is not licensed
 1558  as a medical marijuana treatment center violates s. 893.13 and
 1559  is subject to the penalties provided therein.
 1560         (k) A person who manufactures, distributes, sells, gives,
 1561  or possesses with the intent to manufacture, distribute, sell,
 1562  or give marijuana or a marijuana delivery device that he or she
 1563  holds out to have originated from a licensed medical marijuana
 1564  treatment center but that is counterfeit commits a felony of the
 1565  third degree, punishable as provided in s. 775.082, s. 775.083,
 1566  or s. 775.084. For the purposes of this paragraph, the term
 1567  “counterfeit” means marijuana; a marijuana delivery device; or a
 1568  marijuana or marijuana delivery device container, seal, or label
 1569  which, without authorization, bears the trademark, trade name,
 1570  or other identifying mark, imprint, or device, or any likeness
 1571  thereof, of a licensed medical marijuana treatment center and
 1572  which thereby falsely purports or is represented to be the
 1573  product of, or to have been distributed by, that licensed
 1574  medical marijuana treatment facility.
 1575         (l) Any person who possesses or manufactures a blank,
 1576  forged, stolen, fictitious, fraudulent, counterfeit, or
 1577  otherwise unlawfully issued medical marijuana use registry
 1578  identification card commits a felony of the third degree,
 1579  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1580         (13)UNLICENSED ACTIVITY.—
 1581         (a)If the department has probable cause to believe that a
 1582  person or entity that is not registered or licensed with the
 1583  department has violated this section, s. 381.988, or any rule
 1584  adopted pursuant to this section, the department may issue and
 1585  deliver to such person or entity a notice to cease and desist
 1586  from such violation. The department also may issue and deliver a
 1587  notice to cease and desist to any person or entity who aids and
 1588  abets such unlicensed activity. The issuance of a notice to
 1589  cease and desist does not constitute agency action for which a
 1590  hearing under s. 120.569 or s. 120.57 may be sought. For the
 1591  purpose of enforcing a cease and desist order, the department
 1592  may file a proceeding in the name of the state seeking issuance
 1593  of an injunction or a writ of mandamus against any person or
 1594  entity who violates any provisions of such order.
 1595         (b)In addition to the remedies under paragraph (a), the
 1596  department may impose by citation an administrative penalty not
 1597  to exceed $5,000 per incident. The citation shall be issued to
 1598  the subject and must contain the subject’s name and any other
 1599  information the department determines to be necessary to
 1600  identify the subject, a brief factual statement, the sections of
 1601  the law allegedly violated, and the penalty imposed. If the
 1602  subject does not dispute the matter in the citation with the
 1603  department within 30 days after the citation is served, the
 1604  citation shall become a final order of the department. The
 1605  department may adopt rules pursuant to ss. 120.536(1) and 120.54
 1606  to implement this section. Each day that the unlicensed activity
 1607  continues after issuance of a notice to cease and desist
 1608  constitutes a separate violation. The department shall be
 1609  entitled to recover the costs of investigation and prosecution
 1610  in addition to the fine levied pursuant to the citation. Service
 1611  of a citation may be made by personal service or by mail to the
 1612  subject at the subject’s last known address or place of
 1613  practice. If the department is required to seek enforcement of
 1614  the cease and desist or agency order, it shall be entitled to
 1615  collect attorney fees and costs.
 1616         (c)In addition to or in lieu of any other administrative
 1617  remedy, the department may seek the imposition of a civil
 1618  penalty through the circuit court for any violation for which
 1619  the department may issue a notice to cease and desist. The civil
 1620  penalty shall be no less than $5,000 and no more than $10,000
 1621  for each offense. The court may also award to the prevailing
 1622  party court costs and reasonable attorney fees and, in the event
 1623  the department prevails, may also award reasonable costs of
 1624  investigation and prosecution.
 1625         (d)In addition to the other remedies provided in this
 1626  section, the department or any state attorney may bring an
 1627  action for an injunction to restrain any unlicensed activity or
 1628  to enjoin the future operation or maintenance of the unlicensed
 1629  activity or the performance of any service in violation of this
 1630  section.
 1631         (e)The department must notify local law enforcement of
 1632  such unlicensed activity for a determination of any criminal
 1633  violation of chapter 893.
 1634         (14)EXCEPTIONS TO OTHER LAWS.—
 1635         (a)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1636  any other provision of law, but subject to the requirements of
 1637  this section, a qualified patient and the qualified patient’s
 1638  caregiver may purchase from a medical marijuana treatment center
 1639  for the patient’s medical use a marijuana delivery device and up
 1640  to the amount of marijuana authorized in the physician
 1641  certification, but may not possess more than a 70-day supply of
 1642  marijuana at any given time and all marijuana purchased must
 1643  remain in its original packaging.
 1644         (b)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1645  any other provision of law, but subject to the requirements of
 1646  this section, an approved medical marijuana treatment center and
 1647  its owners, managers, and employees may manufacture, possess,
 1648  sell, deliver, distribute, dispense, and lawfully dispose of
 1649  marijuana or a marijuana delivery device as provided in this
 1650  section, s. 381.988, and by department rule. For the purposes of
 1651  this subsection, the terms “manufacture,” “possession,”
 1652  “deliver,” “distribute,” and “dispense” have the same meanings
 1653  as provided in s. 893.02.
 1654         (c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1655  any other provision of law, but subject to the requirements of
 1656  this section, a certified marijuana testing laboratory,
 1657  including an employee of a certified marijuana testing
 1658  laboratory acting within the scope of his or her employment, may
 1659  acquire, possess, test, transport, and lawfully dispose of
 1660  marijuana as provided in this section, in s. 381.988, and by
 1661  department rule.
 1662         (d)A licensed medical marijuana treatment center and its
 1663  owners, managers, and employees are not subject to licensure or
 1664  regulation under chapter 465 or chapter 499 for manufacturing,
 1665  possessing, selling, delivering, distributing, dispensing, or
 1666  lawfully disposing of marijuana or a marijuana delivery device,
 1667  as provided in this section, s. 381.988, and by department rule.
 1668         (e)This subsection does not exempt a person from
 1669  prosecution for a criminal offense related to impairment or
 1670  intoxication resulting from the medical use of marijuana or
 1671  relieve a person from any requirement under law to submit to a
 1672  breath, blood, urine, or other test to detect the presence of a
 1673  controlled substance.
 1674         (f)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1675  any other provision of law, but subject to the requirements of
 1676  this section and pursuant to policies and procedures established
 1677  pursuant to s. 1006.62(8), school personnel may possess
 1678  marijuana that is obtained for medical use pursuant to this
 1679  section by a student who is a qualified patient.
 1680         (g)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1681  any other provision of law, but subject to the requirements of
 1682  this section, a research institute established by a public
 1683  postsecondary educational institution, such as the H. Lee
 1684  Moffitt Cancer Center and Research Institute, Inc., established
 1685  under s. 1004.43, or a state university that has achieved the
 1686  preeminent state research university designation under s.
 1687  1001.7065 may possess, test, transport, and lawfully dispose of
 1688  marijuana for research purposes as provided by this section.
 1689         (15)APPLICABILITY.—This section does not limit the ability
 1690  of an employer to establish, continue, or enforce a drug-free
 1691  workplace program or policy. This section does not require an
 1692  employer to accommodate the medical use of marijuana in any
 1693  workplace or any employee working while under the influence of
 1694  marijuana. This section does not create a cause of action
 1695  against an employer for wrongful discharge or discrimination.
 1696  Marijuana, as defined in this section, is not reimbursable under
 1697  chapter 440.
 1698         (16) FINES AND FEES.—Fines and fees collected by the
 1699  department under this section shall be deposited in the Grants
 1700  and Donations Trust Fund within the Department of Health.
 1701         Section 4. Paragraph (uu) is added to subsection (1) of
 1702  section 458.331, Florida Statutes, to read:
 1703         458.331 Grounds for disciplinary action; action by the
 1704  board and department.—
 1705         (1) The following acts constitute grounds for denial of a
 1706  license or disciplinary action, as specified in s. 456.072(2):
 1707         (uu)Issuing a physician certification, as defined in s.
 1708  381.986, in a manner out of compliance with the requirements of
 1709  that section and rules adopted thereunder.
 1710         Section 5. Paragraph (ww) is added to subsection (1) of
 1711  section 459.015, Florida Statutes, to read:
 1712         459.015 Grounds for disciplinary action; action by the
 1713  board and department.—
 1714         (1) The following acts constitute grounds for denial of a
 1715  license or disciplinary action, as specified in s. 456.072(2):
 1716         (ww)Issuing a physician certification, as defined in s.
 1717  381.986, in a manner not in compliance with the requirements of
 1718  that section and rules adopted thereunder.
 1719         Section 6. Section 381.988, Florida Statutes, is created to
 1720  read:
 1721         381.988Medical marijuana testing laboratories; marijuana
 1722  tests conducted by a certified laboratory.—
 1723         (1)A person or entity seeking to be a certified marijuana
 1724  testing laboratory must:
 1725         (a)Not be owned or controlled by a medical marijuana
 1726  treatment center.
 1727         (b)Submit a completed application accompanied by an
 1728  application fee, as established by department rule.
 1729         (c)Submit proof of an accreditation or a certification
 1730  approved by the department issued by an accreditation or a
 1731  certification organization approved by the department. The
 1732  department shall adopt by rule a list of approved laboratory
 1733  accreditations or certifications and accreditation or
 1734  certification organizations.
 1735         (d)Require all owners and managers to submit to and pass a
 1736  level 2 background screening pursuant to s. 435.04 and shall
 1737  deny certification if the person or entity has been found guilty
 1738  of, or has entered a plea of guilty or nolo contendere to,
 1739  regardless of adjudication, any offense listed in chapter 837,
 1740  chapter 895, or chapter 896 or similar law of another
 1741  jurisdiction.
 1742         1.Such owners and managers must submit a full set of
 1743  fingerprints to the department or to a vendor, entity, or agency
 1744  authorized by s. 943.053(13). The department, vendor, entity, or
 1745  agency shall forward the fingerprints to the Department of Law
 1746  Enforcement for state processing, and the Department of Law
 1747  Enforcement shall forward the fingerprints to the Federal Bureau
 1748  of Investigation for national processing.
 1749         2.Fees for state and federal fingerprint processing and
 1750  retention shall be borne by such owners or managers. The state
 1751  cost for fingerprint processing shall be as provided in s.
 1752  943.053(3)(e) for records provided to persons or entities other
 1753  than those specified as exceptions therein.
 1754         3.Fingerprints submitted to the Department of Law
 1755  Enforcement pursuant to this paragraph shall be retained by the
 1756  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1757  (h) and, when the Department of Law Enforcement begins
 1758  participation in the program, enrolled in the Federal Bureau of
 1759  Investigation’s national retained print arrest notification
 1760  program. Any arrest record identified shall be reported to the
 1761  department.
 1762         (e)Demonstrate to the department the capability of meeting
 1763  the standards for certification required by this subsection, and
 1764  the testing requirements of s. 381.986 and this section and
 1765  rules adopted thereunder.
 1766         (2)The department shall adopt rules pursuant to ss.
 1767  120.536(1) and 120.54 establishing a procedure for initial
 1768  certification and biennial renewal, including initial
 1769  application and biennial renewal fees sufficient to cover the
 1770  costs of administering this certification program. The
 1771  department shall renew the certification biennially if the
 1772  laboratory meets the requirements of this section and pays the
 1773  biennial renewal fee.
 1774         (3)The department shall adopt rules pursuant to ss.
 1775  120.536(1) and 120.54 establishing the standards for
 1776  certification of marijuana testing laboratories under this
 1777  section. The Department of Agriculture and Consumer Services and
 1778  the Department of Environmental Protection shall assist the
 1779  department in developing the rule, which must include, but is
 1780  not limited to:
 1781         (a)Security standards.
 1782         (b)Minimum standards for personnel.
 1783         (c)Sample collection method and process standards.
 1784         (d)Proficiency testing for tetrahydrocannabinol potency,
 1785  concentration of cannabidiol, and contaminants unsafe for human
 1786  consumption, as determined by department rule.
 1787         (e)Reporting content, format, and frequency.
 1788         (f)Audits and onsite inspections.
 1789         (g)Quality assurance.
 1790         (h)Equipment and methodology.
 1791         (i)Chain of custody.
 1792         (j)Any other standard the department deems necessary to
 1793  ensure the health and safety of the public.
 1794         (4)A marijuana testing laboratory may acquire marijuana
 1795  only from a medical marijuana treatment center. A marijuana
 1796  testing laboratory is prohibited from selling, distributing, or
 1797  transferring marijuana received from a marijuana treatment
 1798  center, except that a marijuana testing laboratory may transfer
 1799  a sample to another marijuana testing laboratory in this state.
 1800         (5)A marijuana testing laboratory must properly dispose of
 1801  all samples it receives, unless transferred to another marijuana
 1802  testing laboratory, after all necessary tests have been
 1803  conducted and any required period of storage has elapsed, as
 1804  established by department rule.
 1805         (6)A marijuana testing laboratory shall use the computer
 1806  software tracking system selected by the department under s.
 1807  381.986.
 1808         (7)The following acts constitute grounds for which
 1809  disciplinary action specified in subsection (8) may be taken
 1810  against a certified marijuana testing laboratory:
 1811         (a)Permitting unauthorized persons to perform technical
 1812  procedures or issue reports.
 1813         (b)Demonstrating incompetence or making consistent errors
 1814  in the performance of testing or erroneous reporting.
 1815         (c)Performing a test and rendering a report thereon to a
 1816  person or entity not authorized by law to receive such services.
 1817         (d)Failing to file any report required under this section
 1818  or s. 381.986 or the rules adopted thereunder.
 1819         (e)Reporting a test result if the test was not performed.
 1820         (f)Failing to correct deficiencies within the time
 1821  required by the department.
 1822         (g)Violating or aiding and abetting in the violation of
 1823  any provision of s. 381.986 or this section or any rules adopted
 1824  thereunder.
 1825         (8)The department may refuse to issue or renew, or may
 1826  suspend or revoke, the certification of a marijuana testing
 1827  laboratory that is found to be in violation of this section or
 1828  any rules adopted hereunder. The department may impose fines for
 1829  violations of this section or rules adopted thereunder, based on
 1830  a schedule adopted in rule. In determining the administrative
 1831  action to be imposed for a violation, the department must
 1832  consider the following factors:
 1833         (a)The severity of the violation, including the
 1834  probability of death or serious harm to the health or safety of
 1835  any person that may result or has resulted; the severity or
 1836  potential harm; and the extent to which s. 381.986 or this
 1837  section were violated.
 1838         (b)The actions taken by the marijuana testing laboratory
 1839  to correct the violation or to remedy the complaint.
 1840         (c)Any previous violation by the marijuana testing
 1841  laboratory.
 1842         (d)The financial benefit to the marijuana testing
 1843  laboratory of committing or continuing the violation.
 1844         (9)The department may adopt rules pursuant to ss.
 1845  120.536(1) and 120.54 to implement this section.
 1846         (10) Fees collected by the department under this section
 1847  shall be deposited in the Grants and Donations Trust Fund within
 1848  the Department of Health.
 1849         Section 7. Section 381.989, Florida Statutes, is created to
 1850  read:
 1851         381.989Public education campaigns.—
 1852         (1)DEFINITIONS.—As used in this section, the term:
 1853         (a)“Cannabis” has the same meaning as in s. 893.02.
 1854         (b)“Department” means the Department of Health.
 1855         (c)“Marijuana” has the same meaning as in s. 381.986.
 1856         (2)STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT
 1857  USE PREVENTION CAMPAIGN.—
 1858         (a)The department shall implement a statewide cannabis and
 1859  marijuana education and illicit use prevention campaign to
 1860  publicize accurate information regarding:
 1861         1.The legal requirements for licit use and possession of
 1862  marijuana in this state.
 1863         2.Safe use of marijuana, including preventing access by
 1864  persons other than qualified patients as defined in s. 381.986,
 1865  particularly children.
 1866         3.The short-term and long-term health effects of cannabis
 1867  and marijuana use, particularly on minors and young adults.
 1868         4.Other cannabis-related and marijuana-related education
 1869  determined by the department to be necessary to the public
 1870  health and safety.
 1871         (b)The department shall provide educational materials
 1872  regarding the eligibility for medical use of marijuana by
 1873  individuals diagnosed with a terminal condition to individuals
 1874  that provide palliative care or hospice services.
 1875         (c)The department may use television messaging, radio
 1876  broadcasts, print media, digital strategies, social media, and
 1877  any other form of messaging deemed necessary and appropriate by
 1878  the department to implement the campaign. The department may
 1879  work with school districts, community organizations, and
 1880  businesses and business organizations and other entities to
 1881  provide training and programming.
 1882         (d)The department may contract with one or more vendors to
 1883  implement the campaign.
 1884         (e)The department shall contract with an independent
 1885  entity to conduct annual evaluations of the campaign. The
 1886  evaluations shall assess the reach and impact of the campaign,
 1887  success in educating the citizens of the state regarding the
 1888  legal parameters for marijuana use, success in preventing
 1889  illicit access by adults and youth, and success in preventing
 1890  negative health impacts from the legalization of marijuana. The
 1891  first year of the program, the evaluator shall conduct surveys
 1892  to establish baseline data on youth and adult cannabis use, the
 1893  attitudes of youth and the general public toward cannabis and
 1894  marijuana, and any other data deemed necessary for long-term
 1895  analysis. By January 31 of each year, the department shall
 1896  submit to the Governor, the President of the Senate, and the
 1897  Speaker of the House of Representatives the annual evaluation of
 1898  the campaign.
 1899         (3)STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.—
 1900         (a)The Department of Highway Safety and Motor Vehicles
 1901  shall implement a statewide impaired driving education campaign
 1902  to raise awareness and prevent marijuana-related and cannabis
 1903  related impaired driving and may contract with one or more
 1904  vendors to implement the campaign. The Department of Highway
 1905  Safety and Motor Vehicles may use television messaging, radio
 1906  broadcasts, print media, digital strategies, social media, and
 1907  any other form of messaging deemed necessary and appropriate by
 1908  the department to implement the campaign.
 1909         (b)At a minimum, the Department of Highway Safety and
 1910  Motor Vehicles or a contracted vendor shall establish baseline
 1911  data on the number of marijuana-related citations for driving
 1912  under the influence, marijuana-related traffic arrests,
 1913  marijuana-related traffic accidents, and marijuana-related
 1914  traffic fatalities, and shall track these measures annually
 1915  thereafter. The Department of Highway Safety and Motor Vehicles
 1916  or a contracted vendor shall annually evaluate and compile a
 1917  report on the efficacy of the campaign based on those measures
 1918  and other measures established by the Department of Highway
 1919  Safety and Motor Vehicles. By January 31 of each year, the
 1920  Department of Highway Safety and Motor Vehicles shall submit the
 1921  report on the evaluation of the campaign to the Governor, the
 1922  President of the Senate, and the Speaker of the House of
 1923  Representatives.
 1924         Section 8. Subsection (1) of section 385.211, Florida
 1925  Statutes, is amended to read:
 1926         385.211 Refractory and intractable epilepsy treatment and
 1927  research at recognized medical centers.—
 1928         (1) As used in this section, the term “low-THC cannabis”
 1929  means “low-THC cannabis” as defined in s. 381.986 that is
 1930  dispensed only from a dispensing organization as defined in
 1931  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 1932  treatment center as defined in s. 381.986.
 1933         Section 9. Paragraphs (b) through (e) of subsection (2) of
 1934  section 499.0295, Florida Statutes, are redesignated as
 1935  paragraphs (a) through (d), respectively, and present paragraphs
 1936  (a) and (c) of that subsection, and subsection (3) of that
 1937  section are amended, to read:
 1938         499.0295 Experimental treatments for terminal conditions.—
 1939         (2) As used in this section, the term:
 1940         (a)“Dispensing organization” means an organization
 1941  approved by the Department of Health under s. 381.986(5) to
 1942  cultivate, process, transport, and dispense low-THC cannabis,
 1943  medical cannabis, and cannabis delivery devices.
 1944         (b)(c) “Investigational drug, biological product, or
 1945  device” means:
 1946         1. a drug, biological product, or device that has
 1947  successfully completed phase 1 of a clinical trial but has not
 1948  been approved for general use by the United States Food and Drug
 1949  Administration and remains under investigation in a clinical
 1950  trial approved by the United States Food and Drug
 1951  Administration; or
 1952         2.Medical cannabis that is manufactured and sold by a
 1953  dispensing organization.
 1954         (3) Upon the request of an eligible patient, a manufacturer
 1955  may, or upon a physician’s order pursuant to s. 381.986, a
 1956  dispensing organization may:
 1957         (a) Make its investigational drug, biological product, or
 1958  device available under this section.
 1959         (b) Provide an investigational drug, biological product, or
 1960  device, or cannabis delivery device as defined in s. 381.986 to
 1961  an eligible patient without receiving compensation.
 1962         (c) Require an eligible patient to pay the costs of, or the
 1963  costs associated with, the manufacture of the investigational
 1964  drug, biological product, or device, or cannabis delivery device
 1965  as defined in s. 381.986.
 1966         Section 10. Subsection (3) of section 893.02, Florida
 1967  Statutes, is amended to read:
 1968         893.02 Definitions.—The following words and phrases as used
 1969  in this chapter shall have the following meanings, unless the
 1970  context otherwise requires:
 1971         (3) “Cannabis” means all parts of any plant of the genus
 1972  Cannabis, whether growing or not; the seeds thereof; the resin
 1973  extracted from any part of the plant; and every compound,
 1974  manufacture, salt, derivative, mixture, or preparation of the
 1975  plant or its seeds or resin. The term does not include
 1976  “marijuana,” “low-THC cannabis,” as defined in s. 381.986, if
 1977  manufactured, possessed, sold, purchased, delivered,
 1978  distributed, or dispensed, in conformance with s. 381.986.
 1979         Section 11. Section 1004.4351, Florida Statutes, is created
 1980  to read:
 1981         1004.4351Medical marijuana research and education.—
 1982         (1)SHORT TITLE.—This section shall be known and may be
 1983  cited as the “Medical Marijuana Research and Education Act.”
 1984         (2)LEGISLATIVE FINDINGS.—The Legislature finds that:
 1985         (a)The present state of knowledge concerning the use of
 1986  marijuana to alleviate pain and treat illnesses is limited
 1987  because permission to perform clinical studies on marijuana is
 1988  difficult to obtain, with access to research-grade marijuana so
 1989  restricted that little or no unbiased studies have been
 1990  performed.
 1991         (b)Under the State Constitution, marijuana is available
 1992  for the treatment of certain debilitating medical conditions.
 1993         (c)Additional clinical studies are needed to ensure that
 1994  the residents of this state obtain the correct dosing,
 1995  formulation, route, modality, frequency, quantity, and quality
 1996  of marijuana for specific illnesses.
 1997         (d)An effective medical marijuana research and education
 1998  program would mobilize the scientific, educational, and medical
 1999  resources that presently exist in this state to determine the
 2000  appropriate and best use of marijuana to treat illness.
 2001         (3)DEFINITIONS.—As used in this section, the term:
 2002         (a)“Board” means the Medical Marijuana Research and
 2003  Education Board.
 2004         (b)“Coalition” means the Coalition for Medical Marijuana
 2005  Research and Education.
 2006         (c)“Marijuana” has the same meaning as provided in s. 29,
 2007  Art. X of the State Constitution.
 2008         (4)COALITION FOR MEDICAL MARIJUANA RESEARCH AND
 2009  EDUCATION.—
 2010         (a)There is established within the H. Lee Moffitt Cancer
 2011  Center and Research Institute, Inc., the Coalition for Medical
 2012  Marijuana Research and Education. The purpose of the coalition
 2013  is to conduct rigorous scientific research, provide education,
 2014  disseminate research, and guide policy for the adoption of a
 2015  statewide policy on ordering and dosing practices for the
 2016  medical use of marijuana. The coalition shall be physically
 2017  located at the H. Lee Moffitt Cancer Center and Research
 2018  Institute, Inc.
 2019         (b)The Medical Marijuana Research and Education Board is
 2020  established to direct the operations of the coalition. The board
 2021  shall be composed of seven members appointed by the chief
 2022  executive officer of the H. Lee Moffitt Cancer Center and
 2023  Research Institute, Inc. Board members must have experience in a
 2024  variety of scientific and medical fields, including, but not
 2025  limited to, oncology, neurology, psychology, pediatrics,
 2026  nutrition, and addiction. Members shall be appointed to 4-year
 2027  terms and may be reappointed to serve additional terms. The
 2028  chair shall be elected by the board from among its members to
 2029  serve a 2-year term. The board shall meet at least semiannually
 2030  at the call of the chair or, in his or her absence or
 2031  incapacity, the vice chair. Four members constitute a quorum. A
 2032  majority vote of the members present is required for all actions
 2033  of the board. The board may prescribe, amend, and repeal a
 2034  charter governing the manner in which it conducts its business.
 2035  A board member shall serve without compensation but is entitled
 2036  to be reimbursed for travel expenses by the coalition or the
 2037  organization he or she represents in accordance with s. 112.061.
 2038         (c)The coalition shall be administered by a coalition
 2039  director, who shall be appointed by and serve at the pleasure of
 2040  the board. The coalition director shall, subject to the approval
 2041  of the board:
 2042         1.Propose a budget for the coalition.
 2043         2.Foster the collaboration of scientists, researchers, and
 2044  other appropriate personnel in accordance with the coalition’s
 2045  charter.
 2046         3.Identify and prioritize the research to be conducted by
 2047  the coalition.
 2048         4.Prepare the Medical Marijuana Research and Education
 2049  Plan for submission to the board.
 2050         5.Apply for grants to obtain funding for research
 2051  conducted by the coalition.
 2052         6.Perform other duties as determined by the board.
 2053         (d)The board shall advise the Board of Governors, the
 2054  State Surgeon General, the Governor, and the Legislature with
 2055  respect to medical marijuana research and education in this
 2056  state. The board shall explore methods of implementing and
 2057  enforcing medical marijuana laws in relation to cancer control,
 2058  research, treatment, and education.
 2059         (e)The board shall annually adopt a plan for medical
 2060  marijuana research, known as the “Medical Marijuana Research and
 2061  Education Plan,” which must be in accordance with state law and
 2062  coordinate with existing programs in this state. The plan must
 2063  include recommendations for the coordination and integration of
 2064  medical, pharmacological, nursing, paramedical, community, and
 2065  other resources connected with the treatment of debilitating
 2066  medical conditions; research related to the treatment of such
 2067  medical conditions; and education.
 2068         (f)By February 15 of each year, the board shall issue a
 2069  report to the Governor, the President of the Senate, and the
 2070  Speaker of the House of Representatives on research projects,
 2071  community outreach initiatives, and future plans for the
 2072  coalition.
 2073         (g)Beginning January 15, 2018, and quarterly thereafter,
 2074  the Department of Health shall submit to the board a data set
 2075  that includes, for each patient registered in the medical
 2076  marijuana use registry, the patient’s qualifying medical
 2077  condition and the daily dose amount and forms of marijuana
 2078  certified for the patient.
 2079         (5)RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CENTER
 2080  AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center
 2081  and Research Institute, Inc., shall allocate staff and provide
 2082  information and assistance, as the coalition’s budget permits,
 2083  to assist the board in fulfilling its responsibilities.
 2084         Section 12. Subsection (1) of section 1004.441, Florida
 2085  Statutes, is amended to read:
 2086         1004.441 Refractory and intractable epilepsy treatment and
 2087  research.—
 2088         (1) As used in this section, the term “low-THC cannabis”
 2089  means “low-THC cannabis” as defined in s. 381.986 that is
 2090  dispensed only from a dispensing organization as defined in
 2091  former s. 381.986, Florida Statutes 2016, or a medical marijuana
 2092  treatment center as defined in s. 381.986.
 2093         Section 13. Subsection (8) is added to section 1006.062,
 2094  Florida Statutes, to read:
 2095         1006.062 Administration of medication and provision of
 2096  medical services by district school board personnel.—
 2097         (8)Each district school board shall adopt a policy and a
 2098  procedure for allowing a student who is a qualified patient, as
 2099  defined in s. 381.986, to use marijuana obtained pursuant to
 2100  that section. Such policy and procedure shall ensure access by
 2101  the qualified patient; identify how the marijuana will be
 2102  received, accounted for, and stored; and establish processes to
 2103  prevent access by other students and school personnel whose
 2104  access would be unnecessary for the implementation of the
 2105  policy.
 2106         Section 14. Department of Health; authority to adopt rules;
 2107  cause of action.—
 2108         (1)EMERGENCY RULEMAKING.—
 2109         (a)The Department of Health and the applicable boards
 2110  shall adopt emergency rules pursuant to s. 120.54(4), Florida
 2111  Statutes, and this section necessary to implement ss. 381.986
 2112  and 381.988, Florida Statutes. If an emergency rule adopted
 2113  under this section is held to be unconstitutional or an invalid
 2114  exercise of delegated legislative authority, and becomes void,
 2115  the department or the applicable boards may adopt an emergency
 2116  rule pursuant to this section to replace the rule that has
 2117  become void. If the emergency rule adopted to replace the void
 2118  emergency rule is also held to be unconstitutional or an invalid
 2119  exercise of delegated legislative authority and becomes void,
 2120  the department and the applicable boards must follow the
 2121  nonemergency rulemaking procedures of the Administrative
 2122  Procedures Act to replace the rule that has become void.
 2123         (b)For emergency rules adopted under this section, the
 2124  department and the applicable boards need not make the findings
 2125  required by s. 120.54(4)(a), Florida Statutes. Emergency rules
 2126  adopted under this section are exempt from ss. 120.54(3)(b) and
 2127  120.541, Florida Statutes. The department and the applicable
 2128  boards shall meet the procedural requirements in s. 120.54(a),
 2129  Florida Statutes, if the department or the applicable boards
 2130  have, before the effective date of this act, held any public
 2131  workshops or hearings on the subject matter of the emergency
 2132  rules adopted under this subsection. Challenges to emergency
 2133  rules adopted under this subsection are subject to the time
 2134  schedules provided in s. 120.56(5), Florida Statutes.
 2135         (c)Emergency rules adopted under this section are exempt
 2136  from s. 120.54(4)(c), Florida Statutes, and shall remain in
 2137  effect until replaced by rules adopted under the nonemergency
 2138  rulemaking procedures of the Administrative Procedures Act. By
 2139  January 1, 2018, the department and the applicable boards shall
 2140  initiate nonemergency rulemaking pursuant to the Administrative
 2141  Procedures Act to replace all emergency rules adopted under this
 2142  section by publishing a notice of rule development in the
 2143  Florida Administrative Register. Except as provided in paragraph
 2144  (a), after January 1, 2018, the department and applicable boards
 2145  may not adopt rules pursuant to the emergency rulemaking
 2146  procedures provided in this section.
 2147         (2)CAUSE OF ACTION.—
 2148         (a)As used in s. 29(d)(3), Article X of the State
 2149  Constitution, the term:
 2150         1.“Issue regulations” means the filing by the department
 2151  of a rule or emergency rule for adoption with the Department of
 2152  State.
 2153         2.“Judicial relief” means an action for declaratory
 2154  judgment pursuant to chapter 86, Florida Statutes.
 2155         (b)The venue for actions brought against the department
 2156  pursuant to s. 29(d)(3), Article X of the State Constitution
 2157  shall be in the circuit court in and for Leon County.
 2158         (c)If the department is not issuing patient and caregiver
 2159  identification cards or licensing medical marijuana treatment
 2160  centers by October 3, 2017, the following shall be a defense to
 2161  a cause of action brought under s. 29(d)(3), Article X of the
 2162  State Constitution:
 2163         1.The department is unable to issue patient and caregiver
 2164  identification cards or license medical marijuana treatment
 2165  centers due to litigation challenging a rule as an invalid
 2166  exercise of delegated legislative authority or unconstitutional.
 2167         2.The department is unable to issue patient or caregiver
 2168  identification cards or license medical marijuana treatment
 2169  centers due to a rule being held as an invalid exercise of
 2170  delegated legislative authority or unconstitutional.
 2171         Section 15. Department of Law Enforcement; training related
 2172  to medical use of marijuana.-The Department of Law Enforcement
 2173  shall develop a 4-hour online initial training course, and a 2
 2174  hour online continuing education course, which shall be made
 2175  available for use by all law enforcement agencies in this state.
 2176  Such training shall cover the legal parameters of marijuana
 2177  related activities governed by ss. 381.986 and 381.988, Florida
 2178  Statutes, relating to criminal laws governing marijuana.
 2179         Section 16. Section 385.212, Florida Statutes, is amended
 2180  to read:
 2181         385.212 Powers and duties of the Department of Health;
 2182  Office of Medical Marijuana Compassionate Use.—
 2183         (1) The Department of Health shall establish an Office of
 2184  Medical Marijuana Compassionate Use under the direction of the
 2185  Deputy State Health Officer.
 2186         (2) The Office of Medical Marijuana Compassionate Use may
 2187  enhance access to investigational new drugs for Florida patients
 2188  through approved clinical treatment plans or studies. The Office
 2189  of Medical Marijuana Compassionate Use may:
 2190         (a) Create a network of state universities and medical
 2191  centers recognized pursuant to s. 381.925.
 2192         (b) Make any necessary application to the United States
 2193  Food and Drug Administration or a pharmaceutical manufacturer to
 2194  facilitate enhanced access to medical compassionate use of
 2195  marijuana for Florida patients.
 2196         (c) Enter into any agreements necessary to facilitate
 2197  enhanced access to medical compassionate use of marijuana for
 2198  Florida patients.
 2199         (3) The department may adopt rules necessary to implement
 2200  this section.
 2201         (4) The Office of Medical Marijuana Use shall administer
 2202  and enforce s. 381.986.
 2203         Section 17. If any provision of this act or its application
 2204  to any person or circumstance is held invalid, the invalidity
 2205  does not affect other provisions or applications of this act
 2206  which can be given effect without the invalid provision or
 2207  application, and to this end the provisions of this act are
 2208  severable.
 2209         Section 18. The Division of Law Revision and Information is
 2210  directed to replace the phrase “the effective date of this act”
 2211  wherever it occurs in this act with the date the act becomes a
 2212  law.
 2213         Section 19. (1)For the 2017-2018 fiscal year, 55 full-time
 2214  equivalent positions, with associated salary rate of 2,198,860,
 2215  are authorized and the sums of $3.5 million in nonrecurring
 2216  funds from the General Revenue Fund and $4,055,292 in recurring
 2217  funds and $1,238,148 in nonrecurring funds from the Grants and
 2218  Donations Trust Fund are appropriated to the Department of
 2219  Health for the purpose of implementing the requirements of this
 2220  act. Of the funds appropriated, $3,158,572 in recurring funds
 2221  and $1,238,148 in nonrecurring funds from the Grants and
 2222  Donations Trust Fund and 27 full-time equivalent positions shall
 2223  be placed in reserve. The Department of Health is authorized to
 2224  submit budget amendments requesting the release of funds being
 2225  held in reserve pursuant to chapter 216, Florida Statutes
 2226  contingent upon need and demonstration of fee collections to
 2227  support the budget authority.
 2228         (2)For the 2017-2018 fiscal year, the sum of $500,000 in
 2229  nonrecurring funds from the General Revenue Fund is appropriated
 2230  to the Department of Health to implement the statewide cannabis
 2231  and marijuana education and illicit use prevention campaign
 2232  established under s. 381.989, Florida Statutes.
 2233         (3)For the 2017-2018 fiscal year, the sum of $5 million in
 2234  nonrecurring funds from the Highway Safety Operating Trust Fund
 2235  are appropriated to the Department of Highway Safety and Motor
 2236  Vehicles to implement the statewide impaired driving education
 2237  campaign established under s. 381.989, Florida Statutes.
 2238         (4)For the 2017-2018 fiscal year, the sum of $100,000 in
 2239  recurring funds from the Highway Safety Operating Trust Fund is
 2240  appropriated to the Department of Highway Safety and Motor
 2241  Vehicles for the purpose of training additional law enforcement
 2242  officers as drug recognition experts.
 2243         (5) For the 2017-2018 fiscal year, the sum of $750,000 in
 2244  nonrecurring funds from the General Revenue Fund is provided for
 2245  the Coalition for Medicinal Cannabis Research and Education at
 2246  the H. Lee Moffitt Cancer Center and Research Institute, Inc.,
 2247  to conduct medical cannabis research.
 2248         Section 20. This act shall take effect upon becoming a law.