Florida Senate - 2019 SENATOR AMENDMENT
Bill No. CS for CS for SB 188
Ì816742-Î816742
LEGISLATIVE ACTION
Senate . House
.
.
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Berman moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 221 and 222
4 insert:
5 Section 2. Paragraph (a) of subsection (8) of section
6 381.986, Florida Statutes, is amended to read:
7 381.986 Medical use of marijuana.—
8 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
9 (a) The department shall license medical marijuana
10 treatment centers to ensure reasonable statewide accessibility
11 and availability as necessary for qualified patients registered
12 in the medical marijuana use registry and who are issued a
13 physician certification under this section.
14 1. As soon as practicable, but no later than July 3, 2017,
15 the department shall license as a medical marijuana treatment
16 center any entity that holds an active, unrestricted license to
17 cultivate, process, transport, and dispense low-THC cannabis,
18 medical cannabis, and cannabis delivery devices, under former s.
19 381.986, Florida Statutes 2016, before July 1, 2017, and which
20 meets the requirements of this section. In addition to the
21 authority granted under this section, these entities are
22 authorized to dispense low-THC cannabis, medical cannabis, and
23 cannabis delivery devices ordered pursuant to former s. 381.986,
24 Florida Statutes 2016, which were entered into the compassionate
25 use registry before July 1, 2017, and are authorized to begin
26 dispensing marijuana under this section on July 3, 2017. The
27 department may grant variances from the representations made in
28 such an entity’s original application for approval under former
29 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
30 2. The department shall license as medical marijuana
31 treatment centers 10 applicants that meet the requirements of
32 this section, under the following parameters:
33 a. As soon as practicable, but no later than August 1,
34 2017, the department shall license any applicant whose
35 application was reviewed, evaluated, and scored by the
36 department and which was denied a dispensing organization
37 license by the department under former s. 381.986, Florida
38 Statutes 2014; which had one or more administrative or judicial
39 challenges pending as of January 1, 2017, or had a final ranking
40 within one point of the highest final ranking in its region
41 under former s. 381.986, Florida Statutes 2014; which meets the
42 requirements of this section; and which provides documentation
43 to the department that it has the existing infrastructure and
44 technical and technological ability to begin cultivating
45 marijuana within 30 days after registration as a medical
46 marijuana treatment center.
47 b. As soon as practicable, the department shall license one
48 applicant that is a recognized class member of Pigford v.
49 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
50 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
51 under this sub-subparagraph is exempt from the requirement of
52 subparagraph (b)2.
53 c. As soon as practicable, but no later than October 3,
54 2017, the department shall license applicants that meet the
55 requirements of this section in sufficient numbers to result in
56 10 total licenses issued under this subparagraph, while
57 accounting for the number of licenses issued under sub
58 subparagraphs a. and b.
59
60 The recipient of a medical marijuana treatment center license
61 issued pursuant to a settlement or resolution of any claim
62 against the department may not be counted as 1 of the 10
63 licensed applicants.
64 3. For up to two of the licenses issued under subparagraph
65 2., the department shall give preference to applicants that
66 demonstrate in their applications that they own one or more
67 facilities that are, or were, used for the canning,
68 concentrating, or otherwise processing of citrus fruit or citrus
69 molasses and will use or convert the facility or facilities for
70 the processing of marijuana.
71 4. Within 6 months after the registration of 100,000 active
72 qualified patients in the medical marijuana use registry, the
73 department shall license four additional medical marijuana
74 treatment centers that meet the requirements of this section.
75 Thereafter, the department shall license four medical marijuana
76 treatment centers within 6 months after the registration of each
77 additional 100,000 active qualified patients in the medical
78 marijuana use registry that meet the requirements of this
79 section.
80
81 The recipient of a medical marijuana treatment center license
82 issued pursuant to a settlement or resolution of any claim
83 against the department may not be counted as one of the four
84 licensed medical marijuana treatment centers.
85 5. Dispensing facilities are subject to the following
86 requirements:
87 a. A medical marijuana treatment center may not establish
88 or operate more than a statewide maximum of 25 dispensing
89 facilities, unless the medical marijuana use registry reaches a
90 total of 100,000 active registered qualified patients. When the
91 medical marijuana use registry reaches 100,000 active registered
92 qualified patients, and then upon each further instance of the
93 total active registered qualified patients increasing by
94 100,000, the statewide maximum number of dispensing facilities
95 that each licensed medical marijuana treatment center may
96 establish and operate increases by five.
97 b. A medical marijuana treatment center may not establish
98 more than the maximum number of dispensing facilities allowed in
99 each of the Northwest, Northeast, Central, Southwest, and
100 Southeast Regions. The department shall determine a medical
101 marijuana treatment center’s maximum number of dispensing
102 facilities allowed in each region by calculating the percentage
103 of the total statewide population contained within that region
104 and multiplying that percentage by the medical marijuana
105 treatment center’s statewide maximum number of dispensing
106 facilities established under sub-subparagraph a., rounded to the
107 nearest whole number. The department shall ensure that such
108 rounding does not cause a medical marijuana treatment center’s
109 total number of statewide dispensing facilities to exceed its
110 statewide maximum. The department shall initially calculate the
111 maximum number of dispensing facilities allowed in each region
112 for each medical marijuana treatment center using county
113 population estimates from the Florida Estimates of Population
114 2016, as published by the Office of Economic and Demographic
115 Research, and shall perform recalculations following the
116 official release of county population data resulting from each
117 United States Decennial Census. For the purposes of this
118 subparagraph:
119 (I) The Northwest Region consists of Bay, Calhoun,
120 Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
121 Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
122 Walton, and Washington Counties.
123 (II) The Northeast Region consists of Alachua, Baker,
124 Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
125 Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
126 Suwannee, and Union Counties.
127 (III) The Central Region consists of Brevard, Citrus,
128 Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
129 Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
130 Counties.
131 (IV) The Southwest Region consists of Charlotte, Collier,
132 DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
133 Okeechobee, and Sarasota Counties.
134 (V) The Southeast Region consists of Broward, Miami-Dade,
135 Martin, Monroe, and Palm Beach Counties.
136 c. If a medical marijuana treatment center establishes a
137 number of dispensing facilities within a region that is less
138 than the number allowed for that region under sub-subparagraph
139 b., the medical marijuana treatment center may sell one or more
140 of its unused dispensing facility slots to other licensed
141 medical marijuana treatment centers. For each dispensing
142 facility slot that a medical marijuana treatment center sells,
143 that medical marijuana treatment center’s statewide maximum
144 number of dispensing facilities, as determined under sub
145 subparagraph a., is reduced by one. The statewide maximum number
146 of dispensing facilities for a medical marijuana treatment
147 center that purchases an unused dispensing facility slot is
148 increased by one per slot purchased. Additionally, the sale of a
149 dispensing facility slot shall reduce the seller’s regional
150 maximum and increase the purchaser’s regional maximum number of
151 dispensing facilities, as determined in sub-subparagraph b., by
152 one for that region. For any slot purchased under this sub
153 subparagraph, the regional restriction applied to that slot’s
154 location under sub-subparagraph b. before the purchase shall
155 remain in effect following the purchase. A medical marijuana
156 treatment center that sells or purchases a dispensing facility
157 slot must notify the department within 3 days of sale.
158 d. This subparagraph shall expire on April 1, 2020.
159
160 If this subparagraph or its application to any person or
161 circumstance is held invalid, the invalidity does not affect
162 other provisions or applications of this act which can be given
163 effect without the invalid provision or application, and to this
164 end, the provisions of this subparagraph are severable.
165
166 ================= T I T L E A M E N D M E N T ================
167 And the title is amended as follows:
168 Between lines 7 and 8
169 insert:
170 amending s. 381.986, F.S.; providing that a medical
171 marijuana treatment center license issued pursuant to
172 a settlement or resolution of a certain claim does not
173 count toward the number of licenses required to be
174 issued by the department;