Florida Senate - 2019                                    SB 1322
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00500-19                                           20191322__
    1                        A bill to be entitled                      
    2         An act relating to the availability of marijuana for
    3         medical use; amending s. 381.986, F.S.; redefining the
    4         term “medical use” to include the possession, use, or
    5         administration of marijuana in a form for smoking;
    6         conforming a provision to changes made by the act;
    7         revising provisions related to the licensure of and
    8         functions of medical marijuana treatment centers
    9         (MMTCs); requiring the Department of Health to adopt
   10         by rule certain operating standards and procedures;
   11         requiring the department to adopt by rule a certain
   12         MMTC registration form; specifying registration
   13         requirements, including the submission of a specified
   14         performance and compliance bond that may be forfeited
   15         for failure to comply with certain provisions;
   16         requiring an applicant for an MMTC to submit
   17         registration forms for certain principals, employees,
   18         and contractors listed on the application; prohibiting
   19         the department from registering an applicant as an
   20         MMTC until such principals, employees, and contractors
   21         are registered and issued MMTC employee identification
   22         cards; providing for expiration of an MMTC
   23         registration; specifying that a registered MMTC must
   24         obtain separate operating licenses for the
   25         cultivation, processing, dispensing, and
   26         transportation of marijuana; specifying application
   27         requirements for an MMTC to obtain cultivation
   28         licenses and processing licenses; providing for the
   29         expiration of and renewal of such licenses; specifying
   30         that an MMTC facility must obtain a facility permit
   31         before cultivating or processing marijuana;
   32         authorizing an MMTC licensed to cultivate or process
   33         marijuana to use contractors to assist with the
   34         cultivation and with the processing of marijuana under
   35         certain conditions; providing for the destruction of
   36         marijuana byproducts within a specified timeframe
   37         after their production; providing requirements for the
   38         cultivation and for the processing of marijuana;
   39         removing the requirement that each MMTC produce and
   40         make available for purchase at least one low-THC
   41         cannabis product; removing tetrahydrocannabinol limits
   42         for edibles; requiring a licensed processing MMTC to
   43         test marijuana before it is sold or dispensed;
   44         providing marijuana packaging requirements; providing
   45         application requirements for an MMTC to obtain a
   46         retail license; providing for the expiration of and
   47         renewal of such licenses; requiring an MMTC to obtain
   48         a facility permit before dispensing and before storing
   49         marijuana; prohibiting onsite consumption of or
   50         administration of marijuana at a dispensary facility;
   51         providing requirements for the dispensing of
   52         marijuana; deleting a provision prohibiting an MMTC
   53         from dispensing or selling specified products;
   54         providing application requirements for an MMTC to
   55         obtain a transportation license; providing marijuana
   56         transportation requirements; providing a process for
   57         the issuance and cancellation of vehicle permits;
   58         requiring that each permitted vehicle be GPS
   59         monitored; specifying that a permitted vehicle is
   60         subject to inspection and search without a search
   61         warrant by specified persons when transporting
   62         marijuana; authorizing an MMTC licensed to transport
   63         marijuana and marijuana delivery devices to deliver or
   64         contract for the delivery of marijuana to other MMTCs
   65         and to qualified patients and caregivers within this
   66         state; requiring a person delivering marijuana and a
   67         marijuana delivery device to a qualified patient or
   68         his or her caregiver to verify the identity of the
   69         qualified patient; establishing that a county or
   70         municipality may not prohibit deliveries of marijuana
   71         to qualified patients and caregivers within the county
   72         or municipality; requiring the department to adopt
   73         certain rules for the delivery of marijuana; providing
   74         for the permitting of cultivation, processing,
   75         dispensary, and storage facilities; requiring the
   76         department to adopt by rule a facility permit
   77         application form; requiring the department to issue or
   78         deny a facility permit within a specified timeframe;
   79         providing for the expiration of facility permits;
   80         requiring the department to inspect a facility for
   81         compliance before the renewal of a facility permit;
   82         requiring an MMTC to cease applicable operations if a
   83         facility’s permit expires or is revoked; requiring
   84         cultivation facilities and processing facilities to be
   85         insured with specified hazard and liability insurance;
   86         providing cultivation facility and processing facility
   87         requirements; preempting to the state all matters
   88         regarding the permitting and regulation of cultivation
   89         facilities and processing facilities; requiring
   90         dispensary facilities and storage facilities to be
   91         insured with specified hazard and liability insurance;
   92         providing dispensary facility and storage facility
   93         requirements; clarifying that a county or a
   94         municipality may prohibit a dispensary facility from
   95         being located in its jurisdiction, but may not
   96         prohibit a licensed retail MMTC or its permitted
   97         storage facility from being located in such county’s
   98         or municipality’s jurisdiction if the MMTC is
   99         delivering marijuana to qualifying patients;
  100         prohibiting the department from issuing a facility
  101         permit for a dispensary facility in a county or
  102         municipality that adopts a certain ordinance;
  103         authorizing a county or municipality to levy a local
  104         tax on a dispensary facility; authorizing the
  105         department to adopt specified requirements by rule;
  106         requiring the department to adopt rules to administer
  107         the registration of certain MMTC principals,
  108         employees, and contractors by a specified date;
  109         requiring an MMTC to apply to the department for the
  110         registration of certain persons before hiring or
  111         contracting with any such person; requiring the
  112         department to adopt by rule a registration form that
  113         includes specified information; requiring the
  114         department to register persons who meet specified
  115         conditions and issue MMTC employee identification
  116         cards; requiring a registered person and the MMTC to
  117         update the department within a specified timeframe if
  118         the person’s employment status changes; authorizing
  119         the department to contract with vendors to issue MMTC
  120         employee identification cards; requiring the
  121         department to inspect an MMTC and its facilities upon
  122         a complaint and to biennially inspect each permitted
  123         facility; authorizing the department to conduct
  124         additional inspections of a facility; conforming a
  125         provision to changes made by the act; establishing
  126         that each MMTC licensed by the department before a
  127         specified date may continue operations under s.
  128         381.986, F.S. (2018), and any rules adopted thereunder
  129         until the department is able to register MMTCs and to
  130         issue operational licenses and facility permits under
  131         this act; requiring the department to register such
  132         licensed MMTC and issue it cultivation, processing,
  133         retail, and transportation licenses and the
  134         appropriate facility and vehicle permits as soon as
  135         practicable; providing for the expiration of such
  136         registration, operating licenses, and facility
  137         permits; providing an effective date.
  138          
  139  Be It Enacted by the Legislature of the State of Florida:
  140  
  141         Section 1. Paragraph (j) of subsection (1) and subsections
  142  (8), (9), (10), and (17) of section 381.986, Florida Statutes,
  143  are amended to read:
  144         381.986 Medical use of marijuana.—
  145         (1) DEFINITIONS.—As used in this section, the term:
  146         (j) “Medical use” means the acquisition, possession, use,
  147  delivery, transfer, or administration of marijuana authorized by
  148  a physician certification. The term does not include:
  149         1. Possession, use, or administration of marijuana that was
  150  not purchased or acquired from a medical marijuana treatment
  151  center.
  152         2. Possession, use, or administration of marijuana in a
  153  form for smoking, in the form of commercially produced food
  154  items other than edibles, or of marijuana seeds or flower,
  155  except for flower in a sealed, tamper-proof receptacle for
  156  vaping.
  157         3. Use or administration of any form or amount of marijuana
  158  in a manner that is inconsistent with the qualified physician’s
  159  directions or physician certification.
  160         4. Transfer of marijuana to a person other than the
  161  qualified patient for whom it was authorized or the qualified
  162  patient’s caregiver on behalf of the qualified patient.
  163         5. Use or administration of marijuana in the following
  164  locations:
  165         a. On any form of public transportation, except for low-THC
  166  cannabis.
  167         b. In any public place, except for low-THC cannabis.
  168         c. In a qualified patient’s place of employment, except
  169  when permitted by his or her employer.
  170         d. In a state correctional institution, as defined in s.
  171  944.02, or a correctional institution, as defined in s. 944.241.
  172         e. On the grounds of a preschool, primary school, or
  173  secondary school, except as provided in s. 1006.062.
  174         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  175  except for low-THC cannabis.
  176  
  177  For the purposes of this subparagraph, the exceptions for low
  178  THC cannabis do not include the smoking of low-THC cannabis.
  179         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  180         (a) The department shall license medical marijuana
  181  treatment centers to ensure reasonable statewide accessibility
  182  and availability as necessary for qualified patients registered
  183  in the medical marijuana use registry and who are issued a
  184  physician certification under this section.
  185         1. As soon as practicable, but no later than July 3, 2017,
  186  the department shall license as a medical marijuana treatment
  187  center any entity that holds an active, unrestricted license to
  188  cultivate, process, transport, and dispense low-THC cannabis,
  189  medical cannabis, and cannabis delivery devices, under former s.
  190  381.986, Florida Statutes 2016, before July 1, 2017, and which
  191  meets the requirements of this section. In addition to the
  192  authority granted under this section, these entities are
  193  authorized to dispense low-THC cannabis, medical cannabis, and
  194  cannabis delivery devices ordered pursuant to former s. 381.986,
  195  Florida Statutes 2016, which were entered into the compassionate
  196  use registry before July 1, 2017, and are authorized to begin
  197  dispensing marijuana under this section on July 3, 2017. The
  198  department may grant variances from the representations made in
  199  such an entity’s original application for approval under former
  200  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  201         2. The department shall license as medical marijuana
  202  treatment centers 10 applicants that meet the requirements of
  203  this section, under the following parameters:
  204         a. As soon as practicable, but no later than August 1,
  205  2017, the department shall license any applicant whose
  206  application was reviewed, evaluated, and scored by the
  207  department and which was denied a dispensing organization
  208  license by the department under former s. 381.986, Florida
  209  Statutes 2014; which had one or more administrative or judicial
  210  challenges pending as of January 1, 2017, or had a final ranking
  211  within one point of the highest final ranking in its region
  212  under former s. 381.986, Florida Statutes 2014; which meets the
  213  requirements of this section; and which provides documentation
  214  to the department that it has the existing infrastructure and
  215  technical and technological ability to begin cultivating
  216  marijuana within 30 days after registration as a medical
  217  marijuana treatment center.
  218         b. As soon as practicable, the department shall license one
  219  applicant that is a recognized class member of Pigford v.
  220  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  221  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  222  under this sub-subparagraph is exempt from the requirement of
  223  subparagraph (b)2.
  224         c. As soon as practicable, but no later than October 3,
  225  2017, the department shall license applicants that meet the
  226  requirements of this section in sufficient numbers to result in
  227  10 total licenses issued under this subparagraph, while
  228  accounting for the number of licenses issued under sub
  229  subparagraphs a. and b.
  230         3. For up to two of the licenses issued under subparagraph
  231  2., the department shall give preference to applicants that
  232  demonstrate in their applications that they own one or more
  233  facilities that are, or were, used for the canning,
  234  concentrating, or otherwise processing of citrus fruit or citrus
  235  molasses and will use or convert the facility or facilities for
  236  the processing of marijuana.
  237         4. Within 6 months after the registration of 100,000 active
  238  qualified patients in the medical marijuana use registry, the
  239  department shall license four additional medical marijuana
  240  treatment centers that meet the requirements of this section.
  241  Thereafter, the department shall license four medical marijuana
  242  treatment centers within 6 months after the registration of each
  243  additional 100,000 active qualified patients in the medical
  244  marijuana use registry that meet the requirements of this
  245  section.
  246         5. Dispensing facilities are subject to the following
  247  requirements:
  248         a. A medical marijuana treatment center may not establish
  249  or operate more than a statewide maximum of 25 dispensing
  250  facilities, unless the medical marijuana use registry reaches a
  251  total of 100,000 active registered qualified patients. When the
  252  medical marijuana use registry reaches 100,000 active registered
  253  qualified patients, and then upon each further instance of the
  254  total active registered qualified patients increasing by
  255  100,000, the statewide maximum number of dispensing facilities
  256  that each licensed medical marijuana treatment center may
  257  establish and operate increases by five.
  258         b. A medical marijuana treatment center may not establish
  259  more than the maximum number of dispensing facilities allowed in
  260  each of the Northwest, Northeast, Central, Southwest, and
  261  Southeast Regions. The department shall determine a medical
  262  marijuana treatment center’s maximum number of dispensing
  263  facilities allowed in each region by calculating the percentage
  264  of the total statewide population contained within that region
  265  and multiplying that percentage by the medical marijuana
  266  treatment center’s statewide maximum number of dispensing
  267  facilities established under sub-subparagraph a., rounded to the
  268  nearest whole number. The department shall ensure that such
  269  rounding does not cause a medical marijuana treatment center’s
  270  total number of statewide dispensing facilities to exceed its
  271  statewide maximum. The department shall initially calculate the
  272  maximum number of dispensing facilities allowed in each region
  273  for each medical marijuana treatment center using county
  274  population estimates from the Florida Estimates of Population
  275  2016, as published by the Office of Economic and Demographic
  276  Research, and shall perform recalculations following the
  277  official release of county population data resulting from each
  278  United States Decennial Census. For the purposes of this
  279  subparagraph:
  280         (I) The Northwest Region consists of Bay, Calhoun,
  281  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  282  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  283  Walton, and Washington Counties.
  284         (II) The Northeast Region consists of Alachua, Baker,
  285  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  286  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  287  Suwannee, and Union Counties.
  288         (III) The Central Region consists of Brevard, Citrus,
  289  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  290  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  291  Counties.
  292         (IV) The Southwest Region consists of Charlotte, Collier,
  293  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  294  Okeechobee, and Sarasota Counties.
  295         (V) The Southeast Region consists of Broward, Miami-Dade,
  296  Martin, Monroe, and Palm Beach Counties.
  297         c. If a medical marijuana treatment center establishes a
  298  number of dispensing facilities within a region that is less
  299  than the number allowed for that region under sub-subparagraph
  300  b., the medical marijuana treatment center may sell one or more
  301  of its unused dispensing facility slots to other licensed
  302  medical marijuana treatment centers. For each dispensing
  303  facility slot that a medical marijuana treatment center sells,
  304  that medical marijuana treatment center’s statewide maximum
  305  number of dispensing facilities, as determined under sub
  306  subparagraph a., is reduced by one. The statewide maximum number
  307  of dispensing facilities for a medical marijuana treatment
  308  center that purchases an unused dispensing facility slot is
  309  increased by one per slot purchased. Additionally, the sale of a
  310  dispensing facility slot shall reduce the seller’s regional
  311  maximum and increase the purchaser’s regional maximum number of
  312  dispensing facilities, as determined in sub-subparagraph b., by
  313  one for that region. For any slot purchased under this sub
  314  subparagraph, the regional restriction applied to that slot’s
  315  location under sub-subparagraph b. before the purchase shall
  316  remain in effect following the purchase. A medical marijuana
  317  treatment center that sells or purchases a dispensing facility
  318  slot must notify the department within 3 days of sale.
  319         d. This subparagraph shall expire on April 1, 2020.
  320  
  321  If this subparagraph or its application to any person or
  322  circumstance is held invalid, the invalidity does not affect
  323  other provisions or applications of this act which can be given
  324  effect without the invalid provision or application, and to this
  325  end, the provisions of this subparagraph are severable.
  326         (b) An applicant for licensure as a medical marijuana
  327  treatment center shall apply to the department on a form
  328  prescribed by the department and adopted in rule. The department
  329  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  330  establishing a procedure for the issuance and biennial renewal
  331  of licenses, including initial application and biennial renewal
  332  fees sufficient to cover the costs of implementing and
  333  administering this section, and establishing supplemental
  334  licensure fees for payment beginning May 1, 2018, sufficient to
  335  cover the costs of administering ss. 381.989 and 1004.4351. The
  336  department shall identify applicants with strong diversity plans
  337  reflecting this state’s commitment to diversity and implement
  338  training programs and other educational programs to enable
  339  minority persons and minority business enterprises, as defined
  340  in s. 288.703, and veteran business enterprises, as defined in
  341  s. 295.187, to compete for medical marijuana treatment center
  342  licensure and contracts. Subject to the requirements in
  343  subparagraphs (a)2.-4., the department shall issue a license to
  344  an applicant if the applicant meets the requirements of this
  345  section and pays the initial application fee. The department
  346  shall renew the licensure of a medical marijuana treatment
  347  center biennially if the licensee meets the requirements of this
  348  section and pays the biennial renewal fee. An individual may not
  349  be an applicant, owner, officer, board member, or manager on
  350  more than one application for licensure as a medical marijuana
  351  treatment center. An individual or entity may not be awarded
  352  more than one license as a medical marijuana treatment center.
  353  An applicant for licensure as a medical marijuana treatment
  354  center must demonstrate:
  355         1. That, for the 5 consecutive years before submitting the
  356  application, the applicant has been registered to do business in
  357  the state.
  358         2. Possession of a valid certificate of registration issued
  359  by the Department of Agriculture and Consumer Services pursuant
  360  to s. 581.131.
  361         3. The technical and technological ability to cultivate and
  362  produce marijuana, including, but not limited to, low-THC
  363  cannabis.
  364         4. The ability to secure the premises, resources, and
  365  personnel necessary to operate as a medical marijuana treatment
  366  center.
  367         5. The ability to maintain accountability of all raw
  368  materials, finished products, and any byproducts to prevent
  369  diversion or unlawful access to or possession of these
  370  substances.
  371         6. An infrastructure reasonably located to dispense
  372  marijuana to registered qualified patients statewide or
  373  regionally as determined by the department.
  374         7. The financial ability to maintain operations for the
  375  duration of the 2-year approval cycle, including the provision
  376  of certified financial statements to the department.
  377         a. Upon approval, the applicant must post a $5 million
  378  performance bond issued by an authorized surety insurance
  379  company rated in one of the three highest rating categories by a
  380  nationally recognized rating service. However, a medical
  381  marijuana treatment center serving at least 1,000 qualified
  382  patients is only required to maintain a $2 million performance
  383  bond.
  384         b. In lieu of the performance bond required under sub
  385  subparagraph a., the applicant may provide an irrevocable letter
  386  of credit payable to the department or provide cash to the
  387  department. If provided with cash under this sub-subparagraph,
  388  the department shall deposit the cash in the Grants and
  389  Donations Trust Fund within the Department of Health, subject to
  390  the same conditions as the bond regarding requirements for the
  391  applicant to forfeit ownership of the funds. If the funds
  392  deposited under this sub-subparagraph generate interest, the
  393  amount of that interest shall be used by the department for the
  394  administration of this section.
  395         8. That all owners, officers, board members, and managers
  396  have passed a background screening pursuant to subsection (9).
  397         9. The employment of a medical director to supervise the
  398  activities of the medical marijuana treatment center.
  399         10. A diversity plan that promotes and ensures the
  400  involvement of minority persons and minority business
  401  enterprises, as defined in s. 288.703, or veteran business
  402  enterprises, as defined in s. 295.187, in ownership, management,
  403  and employment. An applicant for licensure renewal must show the
  404  effectiveness of the diversity plan by including the following
  405  with his or her application for renewal:
  406         a. Representation of minority persons and veterans in the
  407  medical marijuana treatment center’s workforce;
  408         b. Efforts to recruit minority persons and veterans for
  409  employment; and
  410         c. A record of contracts for services with minority
  411  business enterprises and veteran business enterprises.
  412         (c) A medical marijuana treatment center may not make a
  413  wholesale purchase of marijuana from, or a distribution of
  414  marijuana to, another medical marijuana treatment center, unless
  415  the medical marijuana treatment center seeking to make a
  416  wholesale purchase of marijuana submits proof of harvest failure
  417  to the department.
  418         (d)Department responsibilities.The department shall:
  419         1. Adopt by rule:
  420         a. Operating standards for the cultivation, processing,
  421  packaging, and labeling of marijuana;
  422         b. Standards for the sale of marijuana; and
  423         c. Procedures and requirements for:
  424         (I) The registration and registration renewal of medical
  425  marijuana treatment centers (MMTCs);
  426         (II) The issuance and renewal of cultivation, processing,
  427  retail, and transportation operating licenses;
  428         (III) The issuance and renewal of cultivation, processing,
  429  dispensary, and storage facility permits and of vehicle permits;
  430         (IV) The registration of all principals, employees, and
  431  contractors of an MMTC who will participate in the operations of
  432  the MMTC; and
  433         (V) The issuance of MMTC employee identification cards to
  434  registered principals, employees, and contractors of MMTCs.
  435         2. Establish, maintain, and control a computer software
  436  tracking system that traces marijuana from seed to sale and
  437  allows real-time, 24-hour access by the department to data from
  438  all MMTCs medical marijuana treatment centers and marijuana
  439  testing laboratories. The tracking system must allow for
  440  integration of other seed-to-sale systems and, at a minimum,
  441  include notification of when marijuana seeds are planted, when
  442  marijuana plants are harvested and destroyed, and when marijuana
  443  is transported, sold, stolen, diverted, or lost. Each MMTC must
  444  medical marijuana treatment center shall use the seed-to-sale
  445  tracking system established by the department or integrate its
  446  own seed-to-sale tracking system with the seed-to-sale tracking
  447  system established by the department. Each MMTC medical
  448  marijuana treatment center may use its own seed-to-sale system
  449  until the department establishes a seed-to-sale tracking system.
  450  The department may contract with a vendor to establish the seed
  451  to-sale tracking system. The vendor selected by the department
  452  may not have a contractual relationship with the department to
  453  perform any services pursuant to this section other than the
  454  seed-to-sale tracking system. The vendor may not have a direct
  455  or indirect financial interest in an MMTC a medical marijuana
  456  treatment center or a marijuana testing laboratory.
  457         (b) Registration.
  458         1. The department shall adopt by rule an MMTC registration
  459  form that must, at a minimum, require an applicant to provide:
  460         a.Its full legal name;
  461         b.The physical address of each location where it will
  462  apply for a facility permit to cultivate, process, dispense, or
  463  store marijuana;
  464         c.The name, address, and date of birth of its principals;
  465         d.The name, address, and date of birth of its current
  466  employees and contractors who will participate in the operations
  467  of the MMTC; and
  468         e.The operation or operations in which it intends to
  469  engage, which may include one or more of the following:
  470         (I)Cultivation.
  471         (II)Processing.
  472         (III)Retail.
  473         (IV) Transportation.
  474         2.To be registered as an MMTC, an applicant must submit to
  475  the department:
  476         a.The applicant’s completed registration form;
  477         b.Personnel registration forms, as described in subsection
  478  (9), for all principals, employees, and contractors listed on
  479  the applicant’s registration form who will participate in the
  480  operations of the MMTC. The department may not register the
  481  applicant as an MMTC until all principals, employees, and
  482  contractors listed on the applicant’s registration form have
  483  registered with the department and are issued MMTC employee
  484  identification cards;
  485         c.Proof that all principals listed on the applicant’s
  486  registration form who will not participate in the operations of
  487  the MMTC have passed a level 2 background screening pursuant to
  488  chapter 435 within the previous year;
  489         d. Proof that the MMTC has the capability to comply with
  490  seed-to-sale tracking system requirements;
  491         e.Proof of the applicant’s financial ability to maintain
  492  operations for the duration of the registration; and
  493         f.A $1 million performance and compliance bond, to be
  494  forfeited if the MMTC fails to comply with:
  495         (I) Registration requirements in this subsection during the
  496  registration period; or
  497         (II) Material requirements of this section which are
  498  applicable to the functions the applicant intends to perform, as
  499  indicated on the registration form.
  500         3. A registration expires 2 years after the date issued.
  501         4.An MMTC must obtain an operating license for each
  502  operation it will perform. Registration as an MMTC is not
  503  sufficient to cultivate, process, dispense, or transport
  504  marijuana.
  505         (c) Cultivation licenses and processing licenses.
  506         1.A registered MMTC may apply for a cultivation license, a
  507  processing license, or both. When applying, the MMTC must
  508  provide the department, at a minimum, all of the following:
  509         a. A completed cultivation license or processing license
  510  application form.
  511         b. The physical address of each location where marijuana
  512  will be cultivated, processed, or stored.
  513         c. Proof of an established infrastructure or the ability to
  514  establish an infrastructure in a reasonable amount of time which
  515  is designed for cultivation, processing, testing, packaging, and
  516  labeling marijuana and to maintain the infrastructure’s security
  517  and prevent the theft or diversion of any marijuana, as
  518  applicable to the license or licenses requested.
  519         d. Proof that the applicant possesses the technical and
  520  technological ability to cultivate and test marijuana or process
  521  and test marijuana, as applicable to the license or licenses
  522  requested.
  523         e. Proof of operating procedures designed to secure and
  524  maintain accountability for all marijuana and marijuana-related
  525  byproducts that come into the applicant’s possession, and to
  526  comply with the required seed-to-sale tracking system.
  527         2. Cultivation licenses and processing licenses expire 2
  528  years after the date issued. In order to renew a license, the
  529  licensee must meet all of the requirements for initial
  530  licensure; must provide all of the documentation required under
  531  subparagraph 1.; and must not have any uncorrected substantial
  532  violations of the standards adopted by department rule for the
  533  cultivation, processing, testing, packaging, and labeling of
  534  marijuana.
  535         3. Before beginning cultivation or processing at any
  536  location, the licensee must obtain a facility permit from the
  537  department for that location pursuant to paragraph (g).
  538         4. Licensees under this subsection may use contractors to
  539  assist with the cultivation or processing of marijuana, as
  540  applicable, but the licensee is ultimately responsible for all
  541  of the operations performed by each contractor relating to the
  542  cultivation or processing of marijuana and is responsible for
  543  the physical possession of all marijuana. All work done by a
  544  contractor must be performed at a location with a facility
  545  permit issued by the department. All principals and employees of
  546  contractors who participate in the operations of the licensee
  547  must be registered with the department and issued MMTC employee
  548  identification cards.
  549         5. All marijuana byproducts that cannot be processed or
  550  that cannot be reprocessed must be destroyed by the cultivation
  551  licensee or processing licensee or its contractor within 30 days
  552  after the production of the byproducts.
  553         6. Licensees under this subsection may wholesale marijuana
  554  only to other registered MMTCs.
  555         7.Transportation or delivery of marijuana outside of the
  556  property owned by a licensee under this subsection may be
  557  performed only by an MMTC that holds a transportation license
  558  issued pursuant to paragraph (f).
  559         (e) A licensed medical marijuana treatment center shall
  560  cultivate, process, transport, and dispense marijuana for
  561  medical use. A licensed medical marijuana treatment center may
  562  not contract for services directly related to the cultivation,
  563  processing, and dispensing of marijuana or marijuana delivery
  564  devices, except that a medical marijuana treatment center
  565  licensed pursuant to subparagraph (a)1. may contract with a
  566  single entity for the cultivation, processing, transporting, and
  567  dispensing of marijuana and marijuana delivery devices. A
  568  licensed medical marijuana treatment center must, at all times,
  569  maintain compliance with the criteria demonstrated and
  570  representations made in the initial application and the criteria
  571  established in this subsection. Upon request, the department may
  572  grant a medical marijuana treatment center a variance from the
  573  representations made in the initial application. Consideration
  574  of such a request shall be based upon the individual facts and
  575  circumstances surrounding the request. A variance may not be
  576  granted unless the requesting medical marijuana treatment center
  577  can demonstrate to the department that it has a proposed
  578  alternative to the specific representation made in its
  579  application which fulfills the same or a similar purpose as the
  580  specific representation in a way that the department can
  581  reasonably determine will not be a lower standard than the
  582  specific representation in the application. A variance may not
  583  be granted from the requirements in subparagraph 2. and
  584  subparagraphs (b)1. and 2.
  585         1. A licensed medical marijuana treatment center may
  586  transfer ownership to an individual or entity who meets the
  587  requirements of this section. A publicly traded corporation or
  588  publicly traded company that meets the requirements of this
  589  section is not precluded from ownership of a medical marijuana
  590  treatment center. To accommodate a change in ownership:
  591         a. The licensed medical marijuana treatment center shall
  592  notify the department in writing at least 60 days before the
  593  anticipated date of the change of ownership.
  594         b. The individual or entity applying for initial licensure
  595  due to a change of ownership must submit an application that
  596  must be received by the department at least 60 days before the
  597  date of change of ownership.
  598         c. Upon receipt of an application for a license, the
  599  department shall examine the application and, within 30 days
  600  after receipt, notify the applicant in writing of any apparent
  601  errors or omissions and request any additional information
  602  required.
  603         d. Requested information omitted from an application for
  604  licensure must be filed with the department within 21 days after
  605  the department’s request for omitted information or the
  606  application shall be deemed incomplete and shall be withdrawn
  607  from further consideration and the fees shall be forfeited.
  608  
  609  Within 30 days after the receipt of a complete application, the
  610  department shall approve or deny the application.
  611         2. A medical marijuana treatment center, and any individual
  612  or entity who directly or indirectly owns, controls, or holds
  613  with power to vote 5 percent or more of the voting shares of a
  614  medical marijuana treatment center, may not acquire direct or
  615  indirect ownership or control of any voting shares or other form
  616  of ownership of any other medical marijuana treatment center.
  617         3. A medical marijuana treatment center may not enter into
  618  any form of profit-sharing arrangement with the property owner
  619  or lessor of any of its facilities where cultivation,
  620  processing, storing, or dispensing of marijuana and marijuana
  621  delivery devices occurs.
  622         4. All employees of a medical marijuana treatment center
  623  must be 21 years of age or older and have passed a background
  624  screening pursuant to subsection (9).
  625         5. Each medical marijuana treatment center must adopt and
  626  enforce policies and procedures to ensure employees and
  627  volunteers receive training on the legal requirements to
  628  dispense marijuana to qualified patients.
  629         8.6. When growing marijuana, a licensed cultivation MMTC
  630  medical marijuana treatment center:
  631         a. May use pesticides determined by the department, after
  632  consultation with the Department of Agriculture and Consumer
  633  Services, to be safely applied to plants intended for human
  634  consumption, but may not use pesticides designated as
  635  restricted-use pesticides pursuant to s. 487.042.
  636         b. Must grow marijuana within an enclosed permitted
  637  cultivation facility structure and in a room separate from any
  638  other plant.
  639         c. Must inspect seeds and growing plants for plant pests
  640  that endanger or threaten the horticultural and agricultural
  641  interests of the state in accordance with chapter 581 and any
  642  rules adopted thereunder.
  643         d. Must perform fumigation or treatment of plants, or
  644  remove and destroy infested or infected plants, in accordance
  645  with chapter 581 and any rules adopted thereunder.
  646         7. Each medical marijuana treatment center must produce and
  647  make available for purchase at least one low-THC cannabis
  648  product.
  649         9.8.An MMTC A medical marijuana treatment center that
  650  produces edibles must hold a permit to operate as a food
  651  establishment pursuant to chapter 500, the Florida Food Safety
  652  Act, and must comply with all the requirements for food
  653  establishments pursuant to chapter 500 and any rules adopted
  654  thereunder. Edibles may not contain more than 200 milligrams of
  655  tetrahydrocannabinol, and a single serving portion of an edible
  656  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  657  may have a potency variance of no greater than 15 percent.
  658  Edibles may not be attractive to children; be manufactured in
  659  the shape of humans, cartoons, or animals; be manufactured in a
  660  form that bears any reasonable resemblance to products available
  661  for consumption as commercially available candy; or contain any
  662  color additives. To discourage consumption of edibles by
  663  children, the department shall determine by rule any shapes,
  664  forms, and ingredients allowed and prohibited for edibles. MMTCs
  665  Medical marijuana treatment centers may not begin processing or
  666  dispensing edibles until after the effective date of the rule.
  667  The department shall also adopt sanitation rules providing the
  668  standards and requirements for the storage, display, or
  669  dispensing of edibles.
  670         9. Within 12 months after licensure, a medical marijuana
  671  treatment center must demonstrate to the department that all of
  672  its processing facilities have passed a Food Safety Good
  673  Manufacturing Practices, such as Global Food Safety Initiative
  674  or equivalent, inspection by a nationally accredited certifying
  675  body. A medical marijuana treatment center must immediately stop
  676  processing at any facility which fails to pass this inspection
  677  until it demonstrates to the department that such facility has
  678  met this requirement.
  679         10. When processing marijuana, a licensed processing MMTC
  680  medical marijuana treatment center must:
  681         a. Process the marijuana within an enclosed permitted
  682  processing facility structure and in a room separate from other
  683  plants or products.
  684         b. Comply with department rules when processing marijuana
  685  with hydrocarbon solvents or other solvents or gases exhibiting
  686  potential toxicity to humans. The department shall determine by
  687  rule the requirements for MMTCs medical marijuana treatment
  688  centers to use such solvents or gases exhibiting potential
  689  toxicity to humans.
  690         c. Comply with federal and state laws and regulations and
  691  department rules for solid and liquid wastes. The department
  692  shall determine by rule procedures for the storage, handling,
  693  transportation, management, and disposal of solid and liquid
  694  waste generated during marijuana production and processing. The
  695  Department of Environmental Protection shall assist the
  696  department in developing such rules.
  697         d. Test the processed marijuana using a medical marijuana
  698  testing laboratory before it is sold or dispensed. Results must
  699  be verified and signed by two MMTC medical marijuana treatment
  700  center employees. Before dispensing, the MMTC medical marijuana
  701  treatment center must determine that the test results indicate
  702  that low-THC cannabis meets the definition of low-THC cannabis,
  703  the concentration of tetrahydrocannabinol meets the potency
  704  requirements of this section, the labeling of the concentration
  705  of tetrahydrocannabinol and cannabidiol is accurate, and all
  706  marijuana is safe for human consumption and free from
  707  contaminants that are unsafe for human consumption. The
  708  department shall determine by rule which contaminants must be
  709  tested for and the maximum levels of each contaminant which are
  710  safe for human consumption. The Department of Agriculture and
  711  Consumer Services shall assist the department in developing the
  712  testing requirements for contaminants that are unsafe for human
  713  consumption in edibles. The department shall also determine by
  714  rule the procedures for the treatment of marijuana that fails to
  715  meet the testing requirements of this section, s. 381.988, or
  716  department rule. The department may select a random sample from
  717  edibles available for purchase in a dispensing facility which
  718  shall be tested by the department to determine that the edible
  719  meets the potency requirements of this section, is safe for
  720  human consumption, and the labeling of the tetrahydrocannabinol
  721  and cannabidiol concentration is accurate. An MMTC A medical
  722  marijuana treatment center may not require payment from the
  723  department for the sample. An MMTC A medical marijuana treatment
  724  center must recall edibles, including all edibles made from the
  725  same batch of marijuana, which fail to meet the potency
  726  requirements of this section, which are unsafe for human
  727  consumption, or for which the labeling of the
  728  tetrahydrocannabinol and cannabidiol concentration is
  729  inaccurate. The MMTC medical marijuana treatment center must
  730  retain records of all testing and samples of each homogenous
  731  batch of marijuana for at least 9 months. The MMTC medical
  732  marijuana treatment center must contract with a marijuana
  733  testing laboratory to perform audits on the MMTC’s medical
  734  marijuana treatment center’s standard operating procedures,
  735  testing records, and samples and provide the results to the
  736  department to confirm that the marijuana or low-THC cannabis
  737  meets the requirements of this section and that the marijuana or
  738  low-THC cannabis is safe for human consumption. An MMTC A
  739  medical marijuana treatment center shall reserve two processed
  740  samples from each batch and retain such samples for at least 9
  741  months for the purpose of such audits. An MMTC A medical
  742  marijuana treatment center may use a laboratory that has not
  743  been certified by the department under s. 381.988 until such
  744  time as at least one laboratory holds the required
  745  certification, but in no event later than July 1, 2018.
  746         e. Package the marijuana in compliance with the United
  747  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
  748  1471 et seq.
  749         f. Package the marijuana in a receptacle that has a firmly
  750  affixed and legible label stating the following information:
  751         (I) The marijuana or low-THC cannabis meets the
  752  requirements of sub-subparagraph d.
  753         (II) The name of the MMTC medical marijuana treatment
  754  center from which the marijuana originates.
  755         (III) The batch number and harvest number from which the
  756  marijuana originates and the date sold or dispensed.
  757         (IV) The name of the physician who issued the physician
  758  certification.
  759         (V) The name of the patient.
  760         (IV)(VI) The product name, if applicable, and dosage form,
  761  including concentration of tetrahydrocannabinol and cannabidiol.
  762  The product name may not contain wording commonly associated
  763  with products marketed by or to children.
  764         (V)(VII) The recommended dose.
  765         (VI)(VIII) A warning that it is illegal to transfer medical
  766  marijuana to another person.
  767         (VII)(IX) A marijuana universal symbol developed by the
  768  department.
  769         11. The MMTC that packages the marijuana medical marijuana
  770  treatment center shall include in each package a patient package
  771  insert with information on the specific product dispensed
  772  related to:
  773         a. Clinical pharmacology.
  774         b. Indications and use.
  775         c. Dosage and administration.
  776         d. Dosage forms and strengths.
  777         e. Contraindications.
  778         f. Warnings and precautions.
  779         g. Adverse reactions.
  780         12. Each edible shall be individually sealed in plain,
  781  opaque wrapping marked only with the marijuana universal symbol.
  782  Where practical, each edible shall be marked with the marijuana
  783  universal symbol. In addition to the packaging and labeling
  784  requirements in subparagraphs 10. and 11., edible receptacles
  785  must be plain, opaque, and white without depictions of the
  786  product or images other than the MMTC’s medical marijuana
  787  treatment center’s department-approved logo and the marijuana
  788  universal symbol. The receptacle must also include a list all of
  789  the edible’s ingredients, storage instructions, an expiration
  790  date, a legible and prominent warning to keep away from children
  791  and pets, and a warning that the edible has not been produced or
  792  inspected pursuant to federal food safety laws.
  793         (d) Retail licenses.
  794         1.A registered MMTC may apply for a retail license. When
  795  applying, the MMTC must provide the department, at a minimum,
  796  all of the following:
  797         a. A completed retail license application form.
  798         b.A statement by the applicant indicating whether the
  799  applicant intends to dispense by delivery. A retail licensee may
  800  not deliver marijuana without also obtaining a transportation
  801  license pursuant to paragraph (f).
  802         c. The physical address of each location where marijuana
  803  will be dispensed or stored.
  804         d. Identifying information for all other current or
  805  previous retail licenses held by the applicant or any of the
  806  applicant’s principals.
  807         e. Proof of operating procedures designed to secure and
  808  maintain accountability for all marijuana that the applicant
  809  receives and possesses; to ensure that the allowed amount of
  810  marijuana and the specified type of marijuana is correctly
  811  dispensed to a qualified patient or his or her caregiver
  812  pursuant to a physician certification; and to monitor the
  813  medical marijuana patient registry and electronically update the
  814  registry with dispensing information.
  815         2. A retail license expires 2 years after the date it is
  816  issued. The retail licensee must apply for a renewed license
  817  before the expiration date. In order to renew a license, a
  818  retail licensee must meet all of the requirements for initial
  819  licensure; must provide all of the documents required under
  820  paragraph (a); and must not have any outstanding substantial
  821  violations of the applicable standards adopted by department
  822  rule.
  823         3. Before beginning to dispense or store marijuana, the
  824  licensee must obtain a facility permit from the department for
  825  each location where marijuana will be dispensed or stored. If a
  826  facility’s permit expires or is suspended or revoked, the MMTC
  827  must cease all applicable operations at that facility until the
  828  department inspects the facility and renews or reinstates the
  829  facility’s permit.
  830         4. A dispensary facility may not repackage or modify
  831  marijuana that has already been packaged for dispensary sale by
  832  a cultivation licensee or processing licensee, unless the
  833  repackaging is of unprocessed marijuana and is done in
  834  accordance with instructions from the cultivator and such
  835  repackaging is documented in the required seed-to-sale tracking
  836  system.
  837         5.A retail licensee may contract with an MMTC that has a
  838  transportation license to transport marijuana between properties
  839  owned by the retail licensee, to deliver the marijuana to the
  840  residence of a qualified patient, and to pick up returns of
  841  marijuana.
  842         6. Onsite consumption or administration of marijuana at a
  843  dispensary facility is prohibited.
  844         7.13. When dispensing marijuana or a marijuana delivery
  845  device, a licensed retail MMTC medical marijuana treatment
  846  center:
  847         a. May dispense any active, valid order for low-THC
  848  cannabis, medical cannabis and cannabis delivery devices issued
  849  pursuant to former s. 381.986, Florida Statutes 2016, which was
  850  entered into the medical marijuana use registry before July 1,
  851  2017.
  852         b. May not dispense more than a 70-day supply of marijuana
  853  to a qualified patient or caregiver.
  854         c. Must have the MMTC’s medical marijuana treatment
  855  center’s employee who dispenses the marijuana or a marijuana
  856  delivery device enter into the medical marijuana use registry
  857  his or her name or unique employee identifier.
  858         d. Must verify that the qualified patient and the
  859  caregiver, if applicable, each have an active registration in
  860  the medical marijuana use registry and an active and valid
  861  medical marijuana use registry identification card, the amount
  862  and type of marijuana dispensed matches the physician
  863  certification in the medical marijuana use registry for that
  864  qualified patient, and the physician certification has not
  865  already been filled.
  866         e.Must label the marijuana or the marijuana delivery
  867  device with the name of the physician who issued the physician
  868  certification and the name of the patient for whom the
  869  certification was issued before it is dispensed.
  870         f.e. May not dispense marijuana to a qualified patient who
  871  is younger than 18 years of age. If the qualified patient is
  872  younger than 18 years of age, marijuana may only be dispensed to
  873  the qualified patient’s caregiver.
  874         g.f. May not dispense or sell any other type of cannabis,
  875  alcohol, or illicit drug-related product, including pipes,
  876  bongs, or wrapping papers, other than a marijuana delivery
  877  device required for the medical use of marijuana and which is
  878  specified in a physician certification.
  879         h.g. Must, upon dispensing the marijuana or marijuana
  880  delivery device, record in the registry the date, time,
  881  quantity, and form of marijuana dispensed; the type of marijuana
  882  delivery device dispensed; and the name and medical marijuana
  883  use registry identification number of the qualified patient or
  884  caregiver to whom the marijuana delivery device was dispensed.
  885         i.h. Must ensure that patient records are not visible to
  886  anyone other than the qualified patient, his or her caregiver,
  887  and authorized MMTC medical marijuana treatment center
  888  employees.
  889         (e)(f)Security.To ensure the safety and security of
  890  premises where the cultivation, processing, storing, or
  891  dispensing of marijuana occurs, and to maintain adequate
  892  controls against the diversion, theft, and loss of marijuana or
  893  marijuana delivery devices, an MMTC a medical marijuana
  894  treatment center shall:
  895         1.a. Maintain a fully operational security alarm system
  896  that secures all entry points and perimeter windows and is
  897  equipped with motion detectors; pressure switches; and duress,
  898  panic, and hold-up alarms; and
  899         b. Maintain a video surveillance system that records
  900  continuously 24 hours a day and meets the following criteria:
  901         (I) Cameras are fixed in a place that allows for the clear
  902  identification of persons and activities in controlled areas of
  903  the premises. Controlled areas include grow rooms, processing
  904  rooms, storage rooms, disposal rooms or areas, and point-of-sale
  905  rooms.
  906         (II) Cameras are fixed in entrances and exits to the
  907  premises, which shall record from both indoor and outdoor, or
  908  ingress and egress, vantage points.
  909         (III) Recorded images must clearly and accurately display
  910  the time and date.
  911         (IV) Retain video surveillance recordings for at least 45
  912  days or longer upon the request of a law enforcement agency.
  913         2. Ensure that the MMTC’s medical marijuana treatment
  914  center’s outdoor premises have sufficient lighting from dusk
  915  until dawn.
  916         3. Ensure that the indoor premises where dispensing occurs
  917  includes a waiting area with sufficient space and seating to
  918  accommodate qualified patients and caregivers and at least one
  919  private consultation area that is isolated from the waiting area
  920  and area where dispensing occurs. An MMTC A medical marijuana
  921  treatment center may not display products or dispense marijuana
  922  or marijuana delivery devices in the waiting area.
  923         4. Not dispense from its premises marijuana or a marijuana
  924  delivery device between the hours of 9 p.m. and 7 a.m., but may
  925  perform all other operations and deliver marijuana to qualified
  926  patients 24 hours a day.
  927         5. Store marijuana in a secured, locked room or a vault.
  928         6. Require at least two of its employees, or two employees
  929  of a security agency with whom it contracts, to be on the
  930  premises at all times where cultivation, processing, or storing
  931  of marijuana occurs.
  932         7. Require each employee or contractor to wear a photo
  933  identification badge at all times while on the premises.
  934         8. Require each visitor to wear a visitor pass at all times
  935  while on the premises.
  936         9. Implement an alcohol and drug-free workplace policy.
  937         10. Report to local law enforcement within 24 hours after
  938  the MMTC medical marijuana treatment center is notified or
  939  becomes aware of the theft, diversion, or loss of marijuana.
  940         (f) Transportation licenses; vehicle permits.
  941         1.A registered MMTC may apply for a transportation
  942  license. When applying, the MMTC must provide the department, at
  943  a minimum, all of the following:
  944         a. The physical address of the MMTC’s place of business.
  945         b.Proof of a documentation system in accordance with the
  946  required seed-to-sale tracking system, including transportation
  947  manifests, for transporting marijuana between licensed
  948  facilities and to qualified patients.
  949         c. Proof of health and sanitation standards for the
  950  transportation of marijuana.
  951         d. Proof that all marijuana transported between licensed
  952  facilities will be transported in tamper-evident shipping
  953  containers.
  954         2.Marijuana may not be transported on the property of an
  955  airport, a seaport, a spaceport, or any property of the Federal
  956  Government.
  957         3. A transportation licensee may transport marijuana and
  958  marijuana delivery devices only in a vehicle that is owned or
  959  leased by the licensee or a contractor of the licensee and for
  960  which a valid vehicle permit has been issued by the department.
  961         4. A vehicle permit may be obtained by an MMTC holding a
  962  transportation license upon submission of an application. The
  963  MMTC must designate as the driver for each permitted vehicle an
  964  employee or contracted employee who is registered with the
  965  department and who is authorized to possess marijuana when not
  966  on the property of the MMTC. Such designation must be displayed
  967  in the vehicle at all times. Each permitted vehicle must be GPS
  968  monitored. A vehicle permit remains valid and does not expire
  969  unless the MMTC or its contractor disposes of the permitted
  970  vehicle or the MMTC’s registration or transportation license is
  971  transferred, canceled, not renewed, or revoked by the
  972  department. The department shall cancel a vehicle permit upon
  973  the request of the MMTC or its contractor.
  974         5. When transporting marijuana, a permitted vehicle is
  975  subject to inspection and search without a search warrant by
  976  authorized employees of the department, sheriffs, deputy
  977  sheriffs, police officers, or other law enforcement officers to
  978  determine that the MMTC is operating in compliance with this
  979  section.
  980         6.An MMTC with a transportation license may deliver, or
  981  contract for the delivery of, marijuana and marijuana delivery
  982  devices to other MMTCs and to qualified patients and caregivers
  983  within this state. When delivering to a qualified patient or
  984  caregiver, an MMTC or its contractor must verify the identity of
  985  the qualified patient upon placement of the delivery order and
  986  again upon delivery. Deliveries may only be made to the same
  987  qualified patient who placed the order or his or her caregiver.
  988  A county or municipality may not prohibit deliveries of
  989  marijuana and marijuana delivery devices to qualified patients
  990  within the county or municipality. The department shall adopt
  991  rules specific to the delivery of marijuana to qualified
  992  patients and caregivers. Such rules must include:
  993         a.Procedures for verifying the identity of the person
  994  submitting and receiving a delivery, including required training
  995  for delivery personnel; and
  996         b.A maximum dispensary value for all marijuana and
  997  currency that may be in the possession of a registered MMTC
  998  employee or contractor while he or she makes a delivery. The
  999  value established by rule may not be less than $5,000.
 1000         7.Licensees under this subsection may use contractors to
 1001  assist with the transportation of marijuana, but the licensee is
 1002  ultimately responsible for all of the actions and operations of
 1003  each contractor relating to the transportation of marijuana and
 1004  must know the location of all marijuana at all times. All
 1005  principals and employees of contractors contracted by a licensee
 1006  under this subsection who will participate in the operations of
 1007  the licensee must be registered with the department and issued
 1008  MMTC employee identification cards.
 1009         (g) Facility permits.
 1010         1. Before cultivating, processing, dispensing, or storing
 1011  marijuana at any location, an MMTC must apply to the department
 1012  for the applicable facility permit for that facility. The
 1013  department must adopt by rule an application form. Upon
 1014  receiving a request for a permit from a licensee, the department
 1015  shall inspect the facility for compliance with this section and
 1016  rules adopted hereunder, and, upon a determination of
 1017  compliance, shall issue a permit to the facility. The department
 1018  must issue or deny the facility permit within 30 days after
 1019  receiving the request for a permit.
 1020         2. A facility permit expires 2 years after the date it is
 1021  issued. Each facility must be inspected by the department for
 1022  compliance with this section and rules adopted hereunder before
 1023  the facility’s permit is renewed.
 1024         3. If a facility permit expires or is suspended or revoked,
 1025  the MMTC must cease all applicable operations at that facility
 1026  until the department inspects the facility and renews or
 1027  reinstates the facility’s permit.
 1028         4. Cultivation facilities and processing facilities must
 1029  be:
 1030         a. Insured with at least $1 million of hazard and liability
 1031  insurance per location; and
 1032         b. Secure, closed to the public, and unless an ordinance
 1033  allows the facility to be located within 1,000 feet, be located
 1034  at least 1,000 feet away from any existing public or private
 1035  elementary or secondary school, a child care facility as defined
 1036  in s. 402.302, or a licensed service provider offering substance
 1037  abuse services.
 1038         5. All matters regarding the permitting and regulation of
 1039  cultivation facilities and processing facilities, including the
 1040  location of such facilities, are preempted to the state.
 1041         6. Dispensary facilities and storage facilities must be:
 1042         a. Insured with at least $500,000 of hazard and liability
 1043  insurance for each facility where marijuana is dispensed or
 1044  stored; and
 1045         b. Located at least 1,000 feet away from any existing
 1046  public or private elementary or secondary school, child care
 1047  facility as defined in s. 402.302, or licensed service provider
 1048  offering substance abuse services.
 1049         7. The governing body of a county or municipality may, by
 1050  ordinance, prohibit dispensary facilities from being located
 1051  within its jurisdiction but may not prohibit an MMTC with a
 1052  retail license or its permitted storage facility from being
 1053  located within its jurisdiction if the licensee is delivering or
 1054  contracting to deliver marijuana to qualifying patients within
 1055  the jurisdiction. The department may not issue a facility permit
 1056  for a dispensary facility in a county or municipality where the
 1057  board of county commissioners of that county or the city council
 1058  or other legislative body of that municipality has adopted such
 1059  an ordinance. A county or municipality may levy a local business
 1060  tax on a dispensary facility. An ordinance adopted by a
 1061  municipality or county pursuant to this paragraph may not:
 1062         a. Provide exclusive access to one or several individuals
 1063  or entities to operate dispensary facilities within the
 1064  jurisdiction.
 1065         b. Prohibit specific individuals or entities from operating
 1066  a dispensary facility within the jurisdiction if the ordinance
 1067  allows dispensary facilities to operate in the jurisdiction.
 1068         c. Prohibit the delivery of marijuana to qualifying
 1069  patients within the jurisdiction by a properly licensed MMTC
 1070  located within the jurisdiction.
 1071         8. The department may adopt by rule additional requirements
 1072  for the permitting of cultivation, processing, dispensary, and
 1073  storage facilities to ensure the sanitary, safe, and secure
 1074  cultivation, processing, dispensing, storage, and sale of
 1075  marijuana.
 1076         (g) To ensure the safe transport of marijuana and marijuana
 1077  delivery devices to medical marijuana treatment centers,
 1078  marijuana testing laboratories, or qualified patients, a medical
 1079  marijuana treatment center must:
 1080         1. Maintain a marijuana transportation manifest in any
 1081  vehicle transporting marijuana. The marijuana transportation
 1082  manifest must be generated from a medical marijuana treatment
 1083  center’s seed-to-sale tracking system and include the:
 1084         a. Departure date and approximate time of departure.
 1085         b. Name, location address, and license number of the
 1086  originating medical marijuana treatment center.
 1087         c. Name and address of the recipient of the delivery.
 1088         d. Quantity and form of any marijuana or marijuana delivery
 1089  device being transported.
 1090         e. Arrival date and estimated time of arrival.
 1091         f. Delivery vehicle make and model and license plate
 1092  number.
 1093         g. Name and signature of the medical marijuana treatment
 1094  center employees delivering the product.
 1095         (I) A copy of the marijuana transportation manifest must be
 1096  provided to each individual, medical marijuana treatment center,
 1097  or marijuana testing laboratory that receives a delivery. The
 1098  individual, or a representative of the center or laboratory,
 1099  must sign a copy of the marijuana transportation manifest
 1100  acknowledging receipt.
 1101         (II) An individual transporting marijuana or a marijuana
 1102  delivery device must present a copy of the relevant marijuana
 1103  transportation manifest and his or her employee identification
 1104  card to a law enforcement officer upon request.
 1105         (III) Medical marijuana treatment centers and marijuana
 1106  testing laboratories must retain copies of all marijuana
 1107  transportation manifests for at least 3 years.
 1108         2. Ensure only vehicles in good working order are used to
 1109  transport marijuana.
 1110         3. Lock marijuana and marijuana delivery devices in a
 1111  separate compartment or container within the vehicle.
 1112         4. Require employees to have possession of their employee
 1113  identification card at all times when transporting marijuana or
 1114  marijuana delivery devices.
 1115         5. Require at least two persons to be in a vehicle
 1116  transporting marijuana or marijuana delivery devices, and
 1117  require at least one person to remain in the vehicle while the
 1118  marijuana or marijuana delivery device is being delivered.
 1119         6. Provide specific safety and security training to
 1120  employees transporting or delivering marijuana and marijuana
 1121  delivery devices.
 1122         (h) Advertising.—An MMTC A medical marijuana treatment
 1123  center may not engage in advertising that is visible to members
 1124  of the public from any street, sidewalk, park, or other public
 1125  place, except:
 1126         1. An MMTC dispensary facility The dispensing location of A
 1127  medical marijuana treatment center may have a sign that is
 1128  affixed to the outside or hanging in the window of the premises
 1129  which identifies the dispensary by the licensee’s business name,
 1130  a department-approved trade name, or a department-approved logo.
 1131  An MMTC’s A medical marijuana treatment center’s trade name and
 1132  logo may not contain wording or images commonly associated with
 1133  marketing targeted toward children or which promote recreational
 1134  use of marijuana.
 1135         2. An MMTC A medical marijuana treatment center may engage
 1136  in Internet advertising and marketing under the following
 1137  conditions:
 1138         a. All advertisements must be approved by the department.
 1139         b. An advertisement may not have any content that
 1140  specifically targets individuals under the age of 18, including
 1141  cartoon characters or similar images.
 1142         c. An advertisement may not be an unsolicited pop-up
 1143  advertisement.
 1144         d. Opt-in marketing must include an easy and permanent opt
 1145  out feature.
 1146         (i) Online retail catalogs.Each retail MMTC medical
 1147  marijuana treatment center that dispenses marijuana and
 1148  marijuana delivery devices shall make available to the public on
 1149  its website:
 1150         1. Each marijuana and low-THC product available for
 1151  purchase, including the form, strain of marijuana from which it
 1152  was extracted, cannabidiol content, tetrahydrocannabinol
 1153  content, dose unit, total number of doses available, and the
 1154  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1155         2. The price for a 30-day, 50-day, and 70-day supply at a
 1156  standard dose for each marijuana and low-THC product available
 1157  for purchase.
 1158         3. The price for each marijuana delivery device available
 1159  for purchase.
 1160         4. If applicable, any discount policies and eligibility
 1161  criteria for such discounts.
 1162         (j) Sourcing of marijuana for medical use.—MMTCs Medical
 1163  marijuana treatment centers are the sole source from which a
 1164  qualified patient may legally obtain marijuana.
 1165         (k) Rulemaking.The department may adopt rules pursuant to
 1166  ss. 120.536(1) and 120.54 to implement this subsection.
 1167         (9)MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL;
 1168  REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.—
 1169         (a)By October 3, 2019, the department shall adopt rules to
 1170  administer the registration of MMTC principals, employees, and
 1171  contractors who participate in the operations of an MMTC. Before
 1172  hiring or contracting with any individual who is not registered
 1173  with the department or who does not possess a current MMTC
 1174  employee identification card, an MMTC must submit to the
 1175  department an application to register that person as an MMTC
 1176  employee. The department shall adopt by rule a form for such
 1177  applications which requires the applicant to provide all of the
 1178  following:
 1179         1.His or her full legal name, social security number, date
 1180  of birth, and home address.
 1181         2.A full-face, passport-type, color photograph of the
 1182  applicant taken within the 90 days immediately preceding
 1183  registration.
 1184         3.Proof that he or she has passed a level 2 background
 1185  screening pursuant to chapter 435 within the previous year.
 1186         4.Whether the applicant will be authorized by the MMTC to
 1187  possess marijuana while not on MMTC property.
 1188         (b)Once the department has received a completed
 1189  application from an MMTC, the department shall register the
 1190  principal, employee, or contractor associated with the MMTC and
 1191  issue him or her an MMTC employee identification card that, at a
 1192  minimum, includes all of the following:
 1193         1.The employee’s name and the name of the MMTC that
 1194  employs him or her.
 1195         2.The employee’s photograph, as required under paragraph
 1196  (a).
 1197         3. The expiration date of the card, which is 1 year after
 1198  the date of its issuance.
 1199         4.Whether the employee is authorized by the MMTC to
 1200  possess marijuana while not on MMTC property.
 1201         (c)If any information provided to the department for the
 1202  registration of an MMTC principal, employee, or contractor or in
 1203  the application for an MMTC employee identification card changes
 1204  or if the registered person’s employment status with the MMTC
 1205  changes, the registered person and the MMTC must update the
 1206  department with the new information or status within 7 days
 1207  after the change.
 1208         (d)The department may contract with one or more vendors
 1209  for the purpose of issuing MMTC employee identification cards
 1210  under this subsection.
 1211         (9) BACKGROUND SCREENING.—An individual required to undergo
 1212  a background screening pursuant to this section must pass a
 1213  level 2 background screening as provided under chapter 435,
 1214  which, in addition to the disqualifying offenses provided in s.
 1215  435.04, shall exclude an individual who has an arrest awaiting
 1216  final disposition for, has been found guilty of, regardless of
 1217  adjudication, or has entered a plea of nolo contendere or guilty
 1218  to an offense under chapter 837, chapter 895, or chapter 896 or
 1219  similar law of another jurisdiction.
 1220         (a) Such individual must submit a full set of fingerprints
 1221  to the department or to a vendor, entity, or agency authorized
 1222  by s. 943.053(13). The department, vendor, entity, or agency
 1223  shall forward the fingerprints to the Department of Law
 1224  Enforcement for state processing, and the Department of Law
 1225  Enforcement shall forward the fingerprints to the Federal Bureau
 1226  of Investigation for national processing.
 1227         (b) Fees for state and federal fingerprint processing and
 1228  retention shall be borne by the individual. The state cost for
 1229  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1230  for records provided to persons or entities other than those
 1231  specified as exceptions therein.
 1232         (c) Fingerprints submitted to the Department of Law
 1233  Enforcement pursuant to this subsection shall be retained by the
 1234  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1235  (h) and, when the Department of Law Enforcement begins
 1236  participation in the program, enrolled in the Federal Bureau of
 1237  Investigation’s national retained print arrest notification
 1238  program. Any arrest record identified shall be reported to the
 1239  department.
 1240         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1241  ADMINISTRATIVE ACTIONS.—
 1242         (a) The department shall conduct announced or unannounced
 1243  inspections of medical marijuana treatment centers to determine
 1244  compliance with this section or rules adopted pursuant to this
 1245  section.
 1246         (a)(b) The department shall inspect an MMTC and its
 1247  facilities, as appropriate, a medical marijuana treatment center
 1248  upon receiving a complaint or notice that the MMTC medical
 1249  marijuana treatment center has dispensed marijuana containing
 1250  mold, bacteria, or other contaminant that may cause or has
 1251  caused an adverse effect to human health or the environment.
 1252         (b)(c) The department shall conduct at least a biennial
 1253  inspection of each MMTC medical marijuana treatment center to
 1254  evaluate the MMTC’s medical marijuana treatment center’s
 1255  records, personnel, equipment, processes, security measures,
 1256  sanitation practices, and quality assurance practices.
 1257         (c) The department shall conduct at least a biennial
 1258  inspection of each permitted facility. The department may
 1259  conduct additional announced or unannounced inspections of a
 1260  permitted facility within reasonable hours in order to ensure
 1261  compliance with this section and rules adopted under this
 1262  section.
 1263         (d) The Department of Agriculture and Consumer Services and
 1264  the department shall enter into an interagency agreement to
 1265  ensure cooperation and coordination in the performance of their
 1266  obligations under this section and their respective regulatory
 1267  and authorizing laws. The department, the Department of Highway
 1268  Safety and Motor Vehicles, and the Department of Law Enforcement
 1269  may enter into interagency agreements for the purposes specified
 1270  in this subsection or subsection (7).
 1271         (e) The department shall publish a list of all approved
 1272  MMTCs medical marijuana treatment centers, medical directors,
 1273  and qualified physicians on its website.
 1274         (f) The department may impose reasonable fines not to
 1275  exceed $10,000 on an MMTC a medical marijuana treatment center
 1276  for any of the following violations:
 1277         1. Violating this section or department rule.
 1278         2. Failing to maintain qualifications for approval.
 1279         3. Endangering the health, safety, or security of a
 1280  qualified patient.
 1281         4. Improperly disclosing personal and confidential
 1282  information of the qualified patient.
 1283         5. Attempting to procure MMTC medical marijuana treatment
 1284  center approval by bribery, fraudulent misrepresentation, or
 1285  extortion.
 1286         6. Being convicted or found guilty of, or entering a plea
 1287  of guilty or nolo contendere to, regardless of adjudication, a
 1288  crime in any jurisdiction which directly relates to the business
 1289  of an MMTC a medical marijuana treatment center.
 1290         7. Making or filing a report or record that the MMTC
 1291  medical marijuana treatment center knows to be false.
 1292         8. Willfully failing to maintain a record required by this
 1293  section or department rule.
 1294         9. Willfully impeding or obstructing an employee or agent
 1295  of the department in the furtherance of his or her official
 1296  duties.
 1297         10. Engaging in fraud or deceit, negligence, incompetence,
 1298  or misconduct in the business practices of an MMTC a medical
 1299  marijuana treatment center.
 1300         11. Making misleading, deceptive, or fraudulent
 1301  representations in or related to the business practices of an
 1302  MMTC a medical marijuana treatment center.
 1303         12. Having a license or the authority to engage in any
 1304  regulated profession, occupation, or business that is related to
 1305  the business practices of an MMTC a medical marijuana treatment
 1306  center suspended, revoked, or otherwise acted against by the
 1307  licensing authority of any jurisdiction, including its agencies
 1308  or subdivisions, for a violation that would constitute a
 1309  violation under Florida law.
 1310         13. Violating a lawful order of the department or an agency
 1311  of the state, or failing to comply with a lawfully issued
 1312  subpoena of the department or an agency of the state.
 1313         (g) The department may suspend, revoke, or refuse to renew
 1314  an MMTC’s registration, operating a medical marijuana treatment
 1315  center license, and any vehicle permits or facility permits if
 1316  the MMTC medical marijuana treatment center commits any of the
 1317  violations in paragraph (f).
 1318         (h) The department may adopt rules pursuant to ss.
 1319  120.536(1) and 120.54 to implement this subsection.
 1320         (17) Rules adopted pursuant to this section before July 1,
 1321  2019, are not subject to s. 120.541(3). An MMTC Notwithstanding
 1322  paragraph (8)(e), A medical marijuana treatment center may use a
 1323  laboratory that has not been certified by the department under
 1324  s. 381.988 until such time as at least one laboratory holds the
 1325  required certification pursuant to s. 381.988, but in no event
 1326  later than July 1, 2019. This subsection expires July 1, 2019.
 1327         Section 2. A medical marijuana treatment center (MMTC)
 1328  licensed by the Department of Health before July 1, 2019, may
 1329  continue to operate under s. 381.986, Florida Statutes (2018),
 1330  and any rules adopted thereunder, until the department is able
 1331  to register and license MMTCs and to issue permits for their
 1332  applicable facilities under this act. As soon as practicable,
 1333  the department shall register each such licensed MMTC as an MMTC
 1334  under this act. The department shall issue each such MMTC the
 1335  appropriate operating licenses for cultivation, processing,
 1336  retail, and transportation; issue the appropriate facility
 1337  permits to each of the MMTC’s facility locations; and issue a
 1338  vehicle permit for any vehicle used by the MMTC for the
 1339  transportation of marijuana. MMTC registrations, operating
 1340  licenses, and facility permits issued under this section expire
 1341  upon the later of the date upon which the MMTC facility’s
 1342  license issued pursuant to under s. 381.986, Florida Statutes
 1343  (2018), would have expired or the date upon which the department
 1344  has adopted rules and has established a process for renewing the
 1345  applicable registrations, licenses, and permits.
 1346         Section 3. This act shall take effect upon becoming a law.