Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 182
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Rouson moved the following:
    1         Senate Amendment to Amendment (897266) (with directory and
    2  title amendments)
    4         Between lines 289 and 290
    5  insert:
    6         (b) An applicant for licensure as a medical marijuana
    7  treatment center shall apply to the department on a form
    8  prescribed by the department and adopted in rule. The department
    9  shall adopt rules pursuant to ss. 120.536(1) and 120.54
   10  establishing a procedure for the issuance and biennial renewal
   11  of licenses, including initial application and biennial renewal
   12  fees sufficient to cover the costs of implementing and
   13  administering this section, and establishing supplemental
   14  licensure fees for payment beginning May 1, 2018, sufficient to
   15  cover the costs of administering ss. 381.989 and 1004.4351. The
   16  department shall identify applicants with strong diversity plans
   17  reflecting this state’s commitment to diversity and implement
   18  training programs and other educational programs to enable
   19  minority persons and minority business enterprises, as defined
   20  in s. 288.703, and veteran business enterprises, as defined in
   21  s. 295.187, to compete for medical marijuana treatment center
   22  licensure and contracts. Subject to the requirements in
   23  subparagraphs (a)2.-4., the department shall issue a license to
   24  an applicant if the applicant meets the requirements of this
   25  section and pays the initial application fee. The department
   26  shall renew the licensure of a medical marijuana treatment
   27  center biennially if the licensee meets the requirements of this
   28  section and pays the biennial renewal fee. An individual may not
   29  be an applicant, owner, officer, board member, or manager on
   30  more than one application for licensure as a medical marijuana
   31  treatment center. An individual or entity may not be awarded
   32  more than one license as a medical marijuana treatment center.
   33  An applicant for licensure as a medical marijuana treatment
   34  center must demonstrate:
   35         1. That, for the 5 consecutive years before submitting the
   36  application, the applicant has been registered to do business in
   37  the state.
   38         2. Possession of a valid certificate of registration issued
   39  by the Department of Agriculture and Consumer Services pursuant
   40  to s. 581.131.
   41         3. The technical and technological ability to cultivate and
   42  produce marijuana, including, but not limited to, low-THC
   43  cannabis.
   44         4. The ability to secure the premises, resources, and
   45  personnel necessary to operate as a medical marijuana treatment
   46  center.
   47         5. The ability to maintain accountability of all raw
   48  materials, finished products, and any byproducts to prevent
   49  diversion or unlawful access to or possession of these
   50  substances.
   51         6. An infrastructure reasonably located to dispense
   52  marijuana to registered qualified patients statewide or
   53  regionally as determined by the department.
   54         7. The financial ability to maintain operations for the
   55  duration of the 2-year approval cycle, including the provision
   56  of certified financial statements to the department.
   57         a. Upon approval, the applicant must post a $5 million
   58  performance bond issued by an authorized surety insurance
   59  company rated in one of the three highest rating categories by a
   60  nationally recognized rating service. However, a medical
   61  marijuana treatment center serving at least 1,000 qualified
   62  patients is only required to maintain a $2 million performance
   63  bond.
   64         b. In lieu of the performance bond required under sub
   65  subparagraph a., the applicant may provide an irrevocable letter
   66  of credit payable to the department or provide cash to the
   67  department. If provided with cash under this sub-subparagraph,
   68  the department shall deposit the cash in the Grants and
   69  Donations Trust Fund within the Department of Health, subject to
   70  the same conditions as the bond regarding requirements for the
   71  applicant to forfeit ownership of the funds. If the funds
   72  deposited under this sub-subparagraph generate interest, the
   73  amount of that interest shall be used by the department for the
   74  administration of this section.
   75         8. That all owners, officers, board members, and managers
   76  have passed a background screening pursuant to subsection (9).
   77         9. The employment of a medical director to supervise the
   78  activities of the medical marijuana treatment center.
   79         10. A diversity plan that promotes and ensures the
   80  involvement of minority persons and minority business
   81  enterprises, as defined in s. 288.703, or veteran business
   82  enterprises, as defined in s. 295.187, in ownership, management,
   83  and employment.
   84         a. An applicant for licensure renewal must show the
   85  effectiveness of the diversity plan by including the following
   86  with his or her application for renewal:
   87         (I)a. Representation of minority persons and veterans in
   88  the medical marijuana treatment center’s workforce;
   89         (II)b. Efforts to recruit minority persons and veterans for
   90  employment; and
   91         (III)c. A record of contracts for services with minority
   92  business enterprises and veteran business enterprises.
   93         b. The Department of Agriculture and Consumer Services
   94  shall:
   95         (I) Review diversity plans submitted by applicants for
   96  initial licensure and licensure renewal.
   97         (II) Oversee each medical marijuana treatment center’s
   98  compliance with its diversity plan.
   99         (III) Submit an annual report on the effectiveness of
  100  medical marijuana treatment center diversity plans to the
  101  Governor, the State Surgeon General, the President of the
  102  Senate, and the Speaker of the House of Representatives.
  104  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  105  And the directory clause is amended as follows:
  106         Delete line 7
  107  and insert:
  108  paragraphs (b) and (e) of subsection (8), subsection (14), and
  109  subsection
  111  ================= T I T L E  A M E N D M E N T ================
  112  And the title is amended as follows:
  113         Delete line 879
  114  and insert:
  115         teaching nursing home; requiring the Department of
  116         Agriculture and Consumer Services to review medical
  117         marijuana treatment center diversity plans, to oversee
  118         compliance with diversity plans, and to submit a
  119         related annual report to the Governor, the State
  120         Surgeon General, and the Legislature; prohibiting a
  121         medical marijuana