Florida Senate - 2019 SENATOR AMENDMENT Bill No. CS for CS for SB 188 Ì816742-Î816742 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 05/02/2019 12:19 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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;