Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 188 Ì313496DÎ313496 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 05/02/2019 12:13 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Berman moved the following: 1 Senate Amendment to House Amendment (822543) (with 2 directory and title amendments) 3 4 Between lines 142 and 143 5 insert: 6 (a) The department shall license medical marijuana 7 treatment centers to ensure reasonable statewide accessibility 8 and availability as necessary for qualified patients registered 9 in the medical marijuana use registry and who are issued a 10 physician certification under this section. 11 1. As soon as practicable, but no later than July 3, 2017, 12 the department shall license as a medical marijuana treatment 13 center any entity that holds an active, unrestricted license to 14 cultivate, process, transport, and dispense low-THC cannabis, 15 medical cannabis, and cannabis delivery devices, under former s. 16 381.986, Florida Statutes 2016, before July 1, 2017, and which 17 meets the requirements of this section. In addition to the 18 authority granted under this section, these entities are 19 authorized to dispense low-THC cannabis, medical cannabis, and 20 cannabis delivery devices ordered pursuant to former s. 381.986, 21 Florida Statutes 2016, which were entered into the compassionate 22 use registry before July 1, 2017, and are authorized to begin 23 dispensing marijuana under this section on July 3, 2017. The 24 department may grant variances from the representations made in 25 such an entity’s original application for approval under former 26 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e). 27 2. The department shall license as medical marijuana 28 treatment centers 10 applicants that meet the requirements of 29 this section, under the following parameters: 30 a. As soon as practicable, but no later than August 1, 31 2017, the department shall license any applicant whose 32 application was reviewed, evaluated, and scored by the 33 department and which was denied a dispensing organization 34 license by the department under former s. 381.986, Florida 35 Statutes 2014; which had one or more administrative or judicial 36 challenges pending as of January 1, 2017, or had a final ranking 37 within one point of the highest final ranking in its region 38 under former s. 381.986, Florida Statutes 2014; which meets the 39 requirements of this section; and which provides documentation 40 to the department that it has the existing infrastructure and 41 technical and technological ability to begin cultivating 42 marijuana within 30 days after registration as a medical 43 marijuana treatment center. 44 b. As soon as practicable, the department shall license one 45 applicant that is a recognized class member of Pigford v. 46 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers 47 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed 48 under this sub-subparagraph is exempt from the requirement of 49 subparagraph (b)2. 50 c. As soon as practicable, but no later than October 3, 51 2017, the department shall license applicants that meet the 52 requirements of this section in sufficient numbers to result in 53 10 total licenses issued under this subparagraph, while 54 accounting for the number of licenses issued under sub 55 subparagraphs a. and b. 56 57 The recipient of a medical marijuana treatment center license 58 issued pursuant to a settlement or resolution of any claim 59 against the department may not be counted as 1 of the 10 60 licensed applicants. 61 3. For up to two of the licenses issued under subparagraph 62 2., the department shall give preference to applicants that 63 demonstrate in their applications that they own one or more 64 facilities that are, or were, used for the canning, 65 concentrating, or otherwise processing of citrus fruit or citrus 66 molasses and will use or convert the facility or facilities for 67 the processing of marijuana. 68 4. Within 6 months after the registration of 100,000 active 69 qualified patients in the medical marijuana use registry, the 70 department shall license four additional medical marijuana 71 treatment centers that meet the requirements of this section. 72 Thereafter, the department shall license four medical marijuana 73 treatment centers within 6 months after the registration of each 74 additional 100,000 active qualified patients in the medical 75 marijuana use registry that meet the requirements of this 76 section. 77 78 The recipient of a medical marijuana treatment center license 79 issued pursuant to a settlement or resolution of any claim 80 against the department may not be counted as one of the four 81 licensed medical marijuana treatment centers. 82 5. Dispensing facilities are subject to the following 83 requirements: 84 a. A medical marijuana treatment center may not establish 85 or operate more than a statewide maximum of 25 dispensing 86 facilities, unless the medical marijuana use registry reaches a 87 total of 100,000 active registered qualified patients. When the 88 medical marijuana use registry reaches 100,000 active registered 89 qualified patients, and then upon each further instance of the 90 total active registered qualified patients increasing by 91 100,000, the statewide maximum number of dispensing facilities 92 that each licensed medical marijuana treatment center may 93 establish and operate increases by five. 94 b. A medical marijuana treatment center may not establish 95 more than the maximum number of dispensing facilities allowed in 96 each of the Northwest, Northeast, Central, Southwest, and 97 Southeast Regions. The department shall determine a medical 98 marijuana treatment center’s maximum number of dispensing 99 facilities allowed in each region by calculating the percentage 100 of the total statewide population contained within that region 101 and multiplying that percentage by the medical marijuana 102 treatment center’s statewide maximum number of dispensing 103 facilities established under sub-subparagraph a., rounded to the 104 nearest whole number. The department shall ensure that such 105 rounding does not cause a medical marijuana treatment center’s 106 total number of statewide dispensing facilities to exceed its 107 statewide maximum. The department shall initially calculate the 108 maximum number of dispensing facilities allowed in each region 109 for each medical marijuana treatment center using county 110 population estimates from the Florida Estimates of Population 111 2016, as published by the Office of Economic and Demographic 112 Research, and shall perform recalculations following the 113 official release of county population data resulting from each 114 United States Decennial Census. For the purposes of this 115 subparagraph: 116 (I) The Northwest Region consists of Bay, Calhoun, 117 Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, 118 Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla, 119 Walton, and Washington Counties. 120 (II) The Northeast Region consists of Alachua, Baker, 121 Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, 122 Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, 123 Suwannee, and Union Counties. 124 (III) The Central Region consists of Brevard, Citrus, 125 Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, 126 Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia 127 Counties. 128 (IV) The Southwest Region consists of Charlotte, Collier, 129 DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, 130 Okeechobee, and Sarasota Counties. 131 (V) The Southeast Region consists of Broward, Miami-Dade, 132 Martin, Monroe, and Palm Beach Counties. 133 c. If a medical marijuana treatment center establishes a 134 number of dispensing facilities within a region that is less 135 than the number allowed for that region under sub-subparagraph 136 b., the medical marijuana treatment center may sell one or more 137 of its unused dispensing facility slots to other licensed 138 medical marijuana treatment centers. For each dispensing 139 facility slot that a medical marijuana treatment center sells, 140 that medical marijuana treatment center’s statewide maximum 141 number of dispensing facilities, as determined under sub 142 subparagraph a., is reduced by one. The statewide maximum number 143 of dispensing facilities for a medical marijuana treatment 144 center that purchases an unused dispensing facility slot is 145 increased by one per slot purchased. Additionally, the sale of a 146 dispensing facility slot shall reduce the seller’s regional 147 maximum and increase the purchaser’s regional maximum number of 148 dispensing facilities, as determined in sub-subparagraph b., by 149 one for that region. For any slot purchased under this sub 150 subparagraph, the regional restriction applied to that slot’s 151 location under sub-subparagraph b. before the purchase shall 152 remain in effect following the purchase. A medical marijuana 153 treatment center that sells or purchases a dispensing facility 154 slot must notify the department within 3 days of sale. 155 d. This subparagraph shall expire on April 1, 2020. 156 157 If this subparagraph or its application to any person or 158 circumstance is held invalid, the invalidity does not affect 159 other provisions or applications of this act which can be given 160 effect without the invalid provision or application, and to this 161 end, the provisions of this subparagraph are severable. 162 163 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 164 And the directory clause is amended as follows: 165 Delete line 6 166 and insert: 167 paragraphs (a) and (e) of subsection (8), and paragraph (a) of 168 subsection 169 170 ================= T I T L E A M E N D M E N T ================ 171 And the title is amended as follows: 172 Delete line 546 173 and insert: 174 status; providing that a medical marijuana treatment 175 center license issued pursuant to a settlement or 176 resolution of a certain claim does not count toward 177 the number of licenses required to be issued by the 178 apartment; authorizing the department to