Florida Senate - 2020                                    SB 1860
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00725A-20                                          20201860__
    1                        A bill to be entitled                      
    2         An act relating to the availability of marijuana for
    3         adult use; amending s. 212.08, F.S.; revising the
    4         sales tax exemption for the sale of marijuana and
    5         marijuana delivery devices to only include sales to
    6         qualified patients or caregivers; amending s. 381.986,
    7         F.S.; revising provisions related to the licensure 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; providing that a registration expires
   14         within a specified timeframe; specifying that
   15         registration is not sufficient for certain operations;
   16         requiring an MMTC to obtain separate operating
   17         licenses for certain operations; specifying
   18         application requirements for MMTCs to obtain
   19         cultivation licenses and processing licenses;
   20         providing for the expiration of and renewal of such
   21         licenses; requiring an MMTC to obtain a facility
   22         permit before cultivating or processing marijuana in
   23         the facility; authorizing MMTCs licensed to cultivate
   24         or process marijuana to use contractors to assist with
   25         the cultivation and processing of marijuana under
   26         certain conditions; providing for the destruction of
   27         certain marijuana byproducts within a specified
   28         timeframe after their production; authorizing MMTCs
   29         licensed to cultivate and process marijuana to
   30         wholesale marijuana to other registered MMTCs under
   31         certain circumstances; prohibiting an MMTC from
   32         transporting or delivering marijuana outside of its
   33         property without a transportation license; providing
   34         requirements for the cultivation and the processing of
   35         marijuana; deleting the requirement that each MMTC
   36         produce and make available for purchase at least one
   37         low-THC cannabis product; deleting
   38         tetrahydrocannabinol limits for edibles; requiring an
   39         MMTC that holds a license for processing to test
   40         marijuana before it is sold in addition to when it is
   41         dispensed; deleting obsolete language; revising
   42         marijuana packaging requirements; providing
   43         application requirements for an MMTC to obtain a
   44         retail license; providing for the expiration and
   45         renewal of such licenses; requiring an MMTC to obtain
   46         a facility permit before selling, dispensing, or
   47         storing marijuana in the facility; requiring the
   48         facility to cease certain operations under certain
   49         circumstances; prohibiting a dispensing facility from
   50         repackaging or modifying marijuana that has already
   51         been packaged for sale, with certain exceptions;
   52         authorizing a retail licensee to contract with an MMTC
   53         that has a transportation license to transport
   54         marijuana for the retail licensee under certain
   55         circumstances; prohibiting onsite consumption or
   56         administration of marijuana at a dispensing facility;
   57         revising requirements for the dispensing of marijuana;
   58         requiring a licensed retail MMTC to include specified
   59         information on a label for marijuana or a marijuana
   60         delivery device dispensed to a qualified patient or
   61         caregiver; authorizing an MMTC to sell marijuana to an
   62         adult 21 years of age or older under certain
   63         circumstances; requiring MMTC employees to verify the
   64         age of such buyers using specified methods;
   65         prohibiting an MMTC from requesting or storing any
   66         personal information of a buyer other than to verify
   67         the buyer’s age; deleting a provision prohibiting an
   68         MMTC from dispensing or selling specified products;
   69         providing application requirements for an MMTC to
   70         obtain a transportation license; providing marijuana
   71         transportation requirements; prohibiting the
   72         transportation of marijuana on certain properties;
   73         prohibiting the transportation of marijuana in a
   74         vehicle that is not owned or leased by a licensee or
   75         the licensee’s contractor or appropriately permitted
   76         by the department; providing a process for the
   77         issuance and cancellation of vehicle permits;
   78         requiring that each permitted vehicle be GPS
   79         monitored; specifying that a permitted vehicle
   80         transporting marijuana is subject to inspection and
   81         search without a search warrant by specified persons;
   82         authorizing an MMTC licensed to transport marijuana
   83         and marijuana delivery devices to deliver or contract
   84         for the delivery of marijuana to other MMTCs, to
   85         qualified patients and caregivers within this state,
   86         and to adults 21 years of age or older within this
   87         state; establishing that a county or municipality may
   88         not prohibit deliveries of marijuana to qualified
   89         patients and caregivers within the county or
   90         municipality; requiring an MMTC delivering marijuana
   91         or a marijuana delivery device to a qualified patient
   92         or his or her caregiver to verify the identity of the
   93         qualified patient; requiring an MMTC delivering
   94         marijuana to an adult 21 years of age or older to
   95         verify his or her age; requiring the department to
   96         adopt certain rules for the delivery of marijuana;
   97         authorizing MMTCs to use contractors to assist with
   98         the transportation of marijuana, but providing that an
   99         MMTC is responsible for the actions and operations of
  100         such a contractor which are related to the
  101         transportation of marijuana; requiring an MMTC to know
  102         the location of all of its marijuana products at all
  103         times; requiring principals and employees of a
  104         contractor to register with the department and receive
  105         an MMTC employee identification card before
  106         participating in the operations of the MMTC; providing
  107         for the permitting of cultivation, processing,
  108         dispensing, and storage facilities; requiring the
  109         department to adopt by rule a facility permit
  110         application form; requiring the department to inspect
  111         a facility before issuing a permit; requiring the
  112         department to issue or deny a facility permit within a
  113         specified timeframe; providing for the expiration of
  114         facility permits; requiring the department to inspect
  115         a facility for compliance before the renewal of a
  116         facility permit; requiring an MMTC to cease applicable
  117         operations if a facility’s permit expires or is
  118         suspended or revoked; requiring cultivation facilities
  119         and processing facilities to be insured with specified
  120         hazard and liability insurance; providing cultivation
  121         facility and processing facility requirements;
  122         preempting to the state all matters regarding the
  123         permitting and regulation of cultivation facilities
  124         and processing facilities; requiring dispensing
  125         facilities and storage facilities to be insured with
  126         specified hazard and liability insurance; providing
  127         dispensing facility and storage facility requirements;
  128         clarifying that a county or a municipality may
  129         prohibit a dispensing facility from being located in
  130         its jurisdiction but may not prohibit a licensed
  131         retail MMTC or its permitted storage facility from
  132         being located in such county’s or municipality’s
  133         jurisdiction if the MMTC is delivering marijuana to
  134         qualified patients; prohibiting the department from
  135         issuing a facility permit for a dispensing facility in
  136         a county or municipality that adopts a specified
  137         ordinance; authorizing a county or municipality to
  138         levy a local tax on a dispensing facility; providing
  139         that local ordinances may not result in or provide for
  140         certain outcomes; authorizing the department to adopt
  141         specified requirements by rule; requiring the
  142         department to adopt rules to administer the
  143         registration of certain MMTC principals, employees,
  144         and contractors; requiring an MMTC to apply to the
  145         department for the registration of certain persons
  146         before hiring or contracting with any such person;
  147         requiring the department to adopt by rule a
  148         registration form that includes specified information;
  149         requiring the department to register persons who
  150         satisfy specified conditions and issue them MMTC
  151         employee identification cards; requiring a registered
  152         person and the MMTC to update the department within a
  153         specified timeframe if certain information or the
  154         person’s employment status changes; authorizing the
  155         department to contract with vendors to issue MMTC
  156         employee identification cards; requiring the
  157         department to inspect an MMTC and its facilities upon
  158         receipt of a complaint and to inspect each permitted
  159         facility at least biennially; authorizing the
  160         department to conduct additional inspections of a
  161         facility under certain circumstances; authorizing the
  162         department to impose administrative penalties on an
  163         MMTC for violating certain provisions; requiring the
  164         department to refuse to renew an MMTC’s cultivation,
  165         processing, retail, or transportation license under
  166         certain circumstances; revising provisions related to
  167         penalties and fees to conform to changes made by the
  168         act; providing construction; conforming provisions to
  169         changes made by the act; creating s. 381.990, F.S.;
  170         authorizing an adult 21 years of age or older to
  171         purchase, possess, use, transport, or transfer to
  172         another adult 21 years of age or older marijuana
  173         products and marijuana delivery devices under certain
  174         circumstances; providing that such marijuana products
  175         or marijuana delivery devices must be purchased from
  176         an MMTC licensed by the department for the retail sale
  177         of marijuana and registered with the Department of
  178         Business and Professional Regulation (DBPR) for sale
  179         of marijuana for adult use; clarifying that a private
  180         property owner may restrict the smoking or vaping of
  181         marijuana on his or her property but may not prevent
  182         his or her tenants from using marijuana by other
  183         means; providing that certain provisions do not exempt
  184         a person from prosecution for a criminal offense
  185         related to impairment or intoxication related to the
  186         use of marijuana and do not relieve a person from any
  187         legal requirement to submit to certain tests to detect
  188         the presence of a controlled substance; requiring the
  189         Department of Agriculture and Consumer Services to
  190         conduct a study on the advisability of allowing the
  191         cultivation of marijuana by members of the public for
  192         private use, including use of a specified model;
  193         requiring the department to report the results of the
  194         study to the Governor and the Legislature by a
  195         specified date; amending s. 893.13, F.S.; authorizing
  196         a person 21 years of age or older to possess marijuana
  197         products in a specified amount and to deliver
  198         marijuana products to another person 21 years of age
  199         or older, under certain circumstances; providing
  200         criminal penalties for the delivery or possession of
  201         marijuana products by a person younger than 21 years
  202         of age under certain circumstances; creating s.
  203         893.1352, F.S.; providing legislative intent;
  204         providing for the retroactive applicability of s.
  205         893.13, F.S.; requiring certain sentences for
  206         specified offenses; requiring sentence review hearings
  207         for individuals serving certain sentences for
  208         specified crimes; providing resentencing procedures;
  209         requiring the waiver of certain conviction-related
  210         fines, fees, and costs under certain circumstances;
  211         amending s. 893.147, F.S.; authorizing a person 21
  212         years of age or older to possess, use, transport, or
  213         deliver, without consideration, a marijuana delivery
  214         device to a person 21 years of age or older; providing
  215         criminal penalties for a person younger than 21 years
  216         of age who possesses, uses, transports, or delivers,
  217         without consideration, a marijuana delivery device to
  218         a person 21 years of age or older; creating s.
  219         943.0586, F.S.; defining terms; authorizing an
  220         individual convicted of certain crimes to petition the
  221         court for expunction of his or her criminal history
  222         under certain circumstances; requiring the individual
  223         to first obtain a certificate of eligibility from the
  224         Department of Law Enforcement; requiring the
  225         department to adopt rules establishing the procedures
  226         for applying for and issuing such certificates;
  227         requiring the department to issue a certificate under
  228         certain circumstances; providing for the expiration of
  229         the certificate; providing requirements for the
  230         petition for expunction; providing penalties;
  231         providing for the court’s authority over its own
  232         procedures, with an exception; requiring the court to
  233         order the expunction of a criminal history record
  234         under certain circumstances; clarifying that
  235         expunction of certain criminal history records does
  236         not affect eligibility for expunction of other
  237         criminal history records; providing procedures for
  238         processing expunction petitions and orders; providing
  239         that a person granted an expunction may lawfully deny
  240         or fail to acknowledge the underlying arrest or
  241         conviction, with exceptions; providing that a person
  242         may not be deemed to have committed perjury or
  243         otherwise held liable for giving a false statement if
  244         he or she fails to recite or acknowledge an expunged
  245         criminal history record; amending s. 893.15, F.S.;
  246         conforming a provision to changes made by the act;
  247         providing effective dates.
  248          
  249  Be It Enacted by the Legislature of the State of Florida:
  250  
  251         Section 1. Paragraph (l) of subsection (2) of section
  252  212.08, Florida Statutes, is amended to read:
  253         212.08 Sales, rental, use, consumption, distribution, and
  254  storage tax; specified exemptions.—The sale at retail, the
  255  rental, the use, the consumption, the distribution, and the
  256  storage to be used or consumed in this state of the following
  257  are hereby specifically exempt from the tax imposed by this
  258  chapter.
  259         (2) EXEMPTIONS; MEDICAL.—
  260         (l) Marijuana and marijuana delivery devices, as defined in
  261  s. 381.986, are exempt from the taxes imposed under this chapter
  262  when they are purchased by a qualified patient or a caregiver,
  263  as those terms are defined in s. 381.986.
  264         Section 2. Paragraphs (d) through (h), (j), and (k) of
  265  subsection (1), paragraph (b) of subsection (3), paragraph (f)
  266  of subsection (4), paragraphs (a) and (f) of subsection (5),
  267  paragraph (b) of subsection (6), subsections (8) through (12),
  268  paragraphs (a), (b), (c), and (e) of subsection (14), and
  269  subsection (17) of section 381.986, Florida Statutes, are
  270  amended to read:
  271         381.986 Medical use of marijuana.—
  272         (1) DEFINITIONS.—As used in this section, the term:
  273         (d) “Edibles” means commercially produced food items made
  274  with marijuana oil, but no other form of marijuana, that are
  275  produced and dispensed by a medical marijuana treatment center
  276  (MMTC).
  277         (e) “Low-THC cannabis” means a plant of the genus Cannabis,
  278  the dried flowers of which contain 0.8 percent or less of
  279  tetrahydrocannabinol and more than 10 percent of cannabidiol
  280  weight for weight; the seeds thereof; the resin extracted from
  281  any part of such plant; or any compound, manufacture, salt,
  282  derivative, mixture, or preparation of such plant or its seeds
  283  or resin that is dispensed from an MMTC a medical marijuana
  284  treatment center.
  285         (f) “Marijuana” means all parts of any plant of the genus
  286  Cannabis, whether growing or not; the seeds thereof; the resin
  287  extracted from any part of the plant; and every compound,
  288  manufacture, salt, derivative, mixture, or preparation of the
  289  plant or its seeds or resin, including low-THC cannabis, which
  290  are dispensed from an MMTC a medical marijuana treatment center
  291  for medical use by a qualified patient.
  292         (g) “Marijuana delivery device” means an object used,
  293  intended for use, or designed for use in preparing, storing,
  294  ingesting, inhaling, or otherwise introducing marijuana into the
  295  human body, and which object is dispensed from an MMTC a medical
  296  marijuana treatment center for medical use by a qualified
  297  patient; however, such objects except that delivery devices that
  298  are intended solely for the medical use of marijuana by smoking
  299  need not be dispensed from an MMTC and a medical marijuana
  300  treatment center in order to qualify as marijuana delivery
  301  devices.
  302         (h) “Marijuana testing laboratory” means a facility
  303  certified by the department pursuant to s. 381.988 which that
  304  collects and analyzes marijuana samples from an MMTC a medical
  305  marijuana treatment center and has been certified by the
  306  department pursuant to s. 381.988.
  307         (j) “Medical use” means the acquisition, possession, use,
  308  delivery, transfer, or administration of marijuana authorized by
  309  a physician certification. The term does not include:
  310         1. Possession, use, or administration of marijuana that was
  311  not purchased or acquired from an MMTC a medical marijuana
  312  treatment center.
  313         2. Possession, use, or administration of marijuana in the
  314  form of commercially produced food items other than edibles or
  315  of marijuana seeds.
  316         3. Use or administration of any form or amount of marijuana
  317  in a manner that is inconsistent with the qualified physician’s
  318  directions or physician certification.
  319         4. Transfer of marijuana to a person other than the
  320  qualified patient for whom it was authorized or the qualified
  321  patient’s caregiver on behalf of the qualified patient.
  322         5. Use or administration of marijuana in the following
  323  locations:
  324         a. On any form of public transportation, except for low-THC
  325  cannabis not in a form for smoking.
  326         b. In any public place, except for low-THC cannabis not in
  327  a form for smoking.
  328         c. In a qualified patient’s place of employment, except
  329  when permitted by his or her employer.
  330         d. In a state correctional institution, as defined in s.
  331  944.02, or a correctional institution, as defined in s. 944.241.
  332         e. On the grounds of a preschool, primary school, or
  333  secondary school, except as provided in s. 1006.062.
  334         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  335  except for low-THC cannabis not in a form for smoking.
  336         6. The smoking of marijuana in an enclosed indoor workplace
  337  as defined in s. 386.203(5).
  338         (k) “Physician certification” means a qualified physician’s
  339  authorization for a qualified patient to receive marijuana and a
  340  marijuana delivery device from an MMTC a medical marijuana
  341  treatment center.
  342         (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
  343         (b) A qualified physician may not be employed by, or have
  344  any direct or indirect economic interest in, a medical marijuana
  345  treatment center (MMTC) or marijuana testing laboratory.
  346         (4) PHYSICIAN CERTIFICATION.—
  347         (f) A qualified physician may not issue a physician
  348  certification for more than three 70-day supply limits of
  349  marijuana or more than six 35-day supply limits of marijuana in
  350  a form for smoking. The department shall quantify by rule a
  351  daily dose amount with equivalent dose amounts for each
  352  allowable form of marijuana dispensed by a medical marijuana
  353  treatment center (MMTC). The department shall use the daily dose
  354  amount to calculate a 70-day supply.
  355         1. A qualified physician may request an exception to the
  356  daily dose amount limit, the 35-day supply limit of marijuana in
  357  a form for smoking, and the 4-ounce possession limit of
  358  marijuana in a form for smoking established in paragraph
  359  (14)(a). The request shall be made electronically on a form
  360  adopted by the department in rule and must include, at a
  361  minimum:
  362         a. The qualified patient’s qualifying medical condition.
  363         b. The dosage and route of administration that was
  364  insufficient to provide relief to the qualified patient.
  365         c. A description of how the patient will benefit from an
  366  increased amount.
  367         d. The minimum daily dose amount of marijuana that would be
  368  sufficient for the treatment of the qualified patient’s
  369  qualifying medical condition.
  370         2. A qualified physician must provide the qualified
  371  patient’s records upon the request of the department.
  372         3. The department shall approve or disapprove the request
  373  within 14 days after receipt of the complete documentation
  374  required by this paragraph. The request shall be deemed approved
  375  if the department fails to act within this time period.
  376         (5) MEDICAL MARIJUANA USE REGISTRY.—
  377         (a) The department shall create and maintain a secure,
  378  electronic, and online medical marijuana use registry for
  379  physicians, patients, and caregivers as provided under this
  380  section. The medical marijuana use registry must be accessible
  381  to law enforcement agencies, qualified physicians, and medical
  382  marijuana treatment centers (MMTCs) to verify the authorization
  383  of a qualified patient or a caregiver to possess marijuana or a
  384  marijuana delivery device and record the marijuana or marijuana
  385  delivery device dispensed. The medical marijuana use registry
  386  must also be accessible to practitioners licensed to prescribe
  387  prescription drugs to ensure proper care for patients before
  388  medications that may interact with the medical use of marijuana
  389  are prescribed. The medical marijuana use registry must prevent
  390  an active registration of a qualified patient by multiple
  391  physicians.
  392         (f) The department may revoke the registration of a
  393  qualified patient or caregiver who cultivates marijuana or who
  394  acquires, possesses, or delivers marijuana from any person or
  395  entity other than an MMTC a medical marijuana treatment center.
  396         (6) CAREGIVERS.—
  397         (b) A caregiver must:
  398         1. Not be a qualified physician and not be employed by or
  399  have an economic interest in a medical marijuana treatment
  400  center (MMTC) or a marijuana testing laboratory.
  401         2. Be 21 years of age or older and a resident of this
  402  state.
  403         3. Agree in writing to assist with the qualified patient’s
  404  medical use of marijuana.
  405         4. Be registered in the medical marijuana use registry as a
  406  caregiver for no more than one qualified patient, except as
  407  provided in this paragraph.
  408         5. Successfully complete a caregiver certification course
  409  developed and administered by the department or its designee,
  410  which must be renewed biennially. The price of the course may
  411  not exceed $100.
  412         6. Pass a level 2 background screening pursuant to chapter
  413  435 subsection (9), unless the patient is a close relative of
  414  the caregiver. In addition to the disqualifying offenses
  415  specified in s. 435.04(2) and (3), a person may not serve as a
  416  caregiver if he or she has an arrest awaiting final disposition
  417  for; has been found guilty of, regardless of adjudication; or
  418  has entered a plea of nolo contendere or guilty to an offense
  419  under chapter 837, chapter 895, or chapter 896 or a similar law
  420  of another jurisdiction.
  421         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
  422         (a)The department shall license medical marijuana
  423  treatment centers to ensure reasonable statewide accessibility
  424  and availability as necessary for qualified patients registered
  425  in the medical marijuana use registry and who are issued a
  426  physician certification under this section.
  427         1. As soon as practicable, but no later than July 3, 2017,
  428  the department shall license as a medical marijuana treatment
  429  center any entity that holds an active, unrestricted license to
  430  cultivate, process, transport, and dispense low-THC cannabis,
  431  medical cannabis, and cannabis delivery devices, under former s.
  432  381.986, Florida Statutes 2016, before July 1, 2017, and which
  433  meets the requirements of this section. In addition to the
  434  authority granted under this section, these entities are
  435  authorized to dispense low-THC cannabis, medical cannabis, and
  436  cannabis delivery devices ordered pursuant to former s. 381.986,
  437  Florida Statutes 2016, which were entered into the compassionate
  438  use registry before July 1, 2017, and are authorized to begin
  439  dispensing marijuana under this section on July 3, 2017. The
  440  department may grant variances from the representations made in
  441  such an entity’s original application for approval under former
  442  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
  443         2. The department shall license as medical marijuana
  444  treatment centers 10 applicants that meet the requirements of
  445  this section, under the following parameters:
  446         a. As soon as practicable, but no later than August 1,
  447  2017, the department shall license any applicant whose
  448  application was reviewed, evaluated, and scored by the
  449  department and which was denied a dispensing organization
  450  license by the department under former s. 381.986, Florida
  451  Statutes 2014; which had one or more administrative or judicial
  452  challenges pending as of January 1, 2017, or had a final ranking
  453  within one point of the highest final ranking in its region
  454  under former s. 381.986, Florida Statutes 2014; which meets the
  455  requirements of this section; and which provides documentation
  456  to the department that it has the existing infrastructure and
  457  technical and technological ability to begin cultivating
  458  marijuana within 30 days after registration as a medical
  459  marijuana treatment center.
  460         b. As soon as practicable, the department shall license one
  461  applicant that is a recognized class member of Pigford v.
  462  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
  463  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
  464  under this sub-subparagraph is exempt from the requirement of
  465  subparagraph (b)2.
  466         c. As soon as practicable, but no later than October 3,
  467  2017, the department shall license applicants that meet the
  468  requirements of this section in sufficient numbers to result in
  469  10 total licenses issued under this subparagraph, while
  470  accounting for the number of licenses issued under sub
  471  subparagraphs a. and b.
  472         3. For up to two of the licenses issued under subparagraph
  473  2., the department shall give preference to applicants that
  474  demonstrate in their applications that they own one or more
  475  facilities that are, or were, used for the canning,
  476  concentrating, or otherwise processing of citrus fruit or citrus
  477  molasses and will use or convert the facility or facilities for
  478  the processing of marijuana.
  479         4. Within 6 months after the registration of 100,000 active
  480  qualified patients in the medical marijuana use registry, the
  481  department shall license four additional medical marijuana
  482  treatment centers that meet the requirements of this section.
  483  Thereafter, the department shall license four medical marijuana
  484  treatment centers within 6 months after the registration of each
  485  additional 100,000 active qualified patients in the medical
  486  marijuana use registry that meet the requirements of this
  487  section.
  488         5. Dispensing facilities are subject to the following
  489  requirements:
  490         a. A medical marijuana treatment center may not establish
  491  or operate more than a statewide maximum of 25 dispensing
  492  facilities, unless the medical marijuana use registry reaches a
  493  total of 100,000 active registered qualified patients. When the
  494  medical marijuana use registry reaches 100,000 active registered
  495  qualified patients, and then upon each further instance of the
  496  total active registered qualified patients increasing by
  497  100,000, the statewide maximum number of dispensing facilities
  498  that each licensed medical marijuana treatment center may
  499  establish and operate increases by five.
  500         b. A medical marijuana treatment center may not establish
  501  more than the maximum number of dispensing facilities allowed in
  502  each of the Northwest, Northeast, Central, Southwest, and
  503  Southeast Regions. The department shall determine a medical
  504  marijuana treatment center’s maximum number of dispensing
  505  facilities allowed in each region by calculating the percentage
  506  of the total statewide population contained within that region
  507  and multiplying that percentage by the medical marijuana
  508  treatment center’s statewide maximum number of dispensing
  509  facilities established under sub-subparagraph a., rounded to the
  510  nearest whole number. The department shall ensure that such
  511  rounding does not cause a medical marijuana treatment center’s
  512  total number of statewide dispensing facilities to exceed its
  513  statewide maximum. The department shall initially calculate the
  514  maximum number of dispensing facilities allowed in each region
  515  for each medical marijuana treatment center using county
  516  population estimates from the Florida Estimates of Population
  517  2016, as published by the Office of Economic and Demographic
  518  Research, and shall perform recalculations following the
  519  official release of county population data resulting from each
  520  United States Decennial Census. For the purposes of this
  521  subparagraph:
  522         (I) The Northwest Region consists of Bay, Calhoun,
  523  Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,
  524  Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,
  525  Walton, and Washington Counties.
  526         (II) The Northeast Region consists of Alachua, Baker,
  527  Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,
  528  Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,
  529  Suwannee, and Union Counties.
  530         (III) The Central Region consists of Brevard, Citrus,
  531  Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,
  532  Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia
  533  Counties.
  534         (IV) The Southwest Region consists of Charlotte, Collier,
  535  DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,
  536  Okeechobee, and Sarasota Counties.
  537         (V) The Southeast Region consists of Broward, Miami-Dade,
  538  Martin, Monroe, and Palm Beach Counties.
  539         c. If a medical marijuana treatment center establishes a
  540  number of dispensing facilities within a region that is less
  541  than the number allowed for that region under sub-subparagraph
  542  b., the medical marijuana treatment center may sell one or more
  543  of its unused dispensing facility slots to other licensed
  544  medical marijuana treatment centers. For each dispensing
  545  facility slot that a medical marijuana treatment center sells,
  546  that medical marijuana treatment center’s statewide maximum
  547  number of dispensing facilities, as determined under sub
  548  subparagraph a., is reduced by one. The statewide maximum number
  549  of dispensing facilities for a medical marijuana treatment
  550  center that purchases an unused dispensing facility slot is
  551  increased by one per slot purchased. Additionally, the sale of a
  552  dispensing facility slot shall reduce the seller’s regional
  553  maximum and increase the purchaser’s regional maximum number of
  554  dispensing facilities, as determined in sub-subparagraph b., by
  555  one for that region. For any slot purchased under this sub
  556  subparagraph, the regional restriction applied to that slot’s
  557  location under sub-subparagraph b. before the purchase shall
  558  remain in effect following the purchase. A medical marijuana
  559  treatment center that sells or purchases a dispensing facility
  560  slot must notify the department within 3 days of sale.
  561         d. This subparagraph shall expire on April 1, 2020.
  562  
  563  If this subparagraph or its application to any person or
  564  circumstance is held invalid, the invalidity does not affect
  565  other provisions or applications of this act which can be given
  566  effect without the invalid provision or application, and to this
  567  end, the provisions of this subparagraph are severable.
  568         (b) An applicant for licensure as a medical marijuana
  569  treatment center shall apply to the department on a form
  570  prescribed by the department and adopted in rule. The department
  571  shall adopt rules pursuant to ss. 120.536(1) and 120.54
  572  establishing a procedure for the issuance and biennial renewal
  573  of licenses, including initial application and biennial renewal
  574  fees sufficient to cover the costs of implementing and
  575  administering this section, and establishing supplemental
  576  licensure fees for payment beginning May 1, 2018, sufficient to
  577  cover the costs of administering ss. 381.989 and 1004.4351. The
  578  department shall identify applicants with strong diversity plans
  579  reflecting this state’s commitment to diversity and implement
  580  training programs and other educational programs to enable
  581  minority persons and minority business enterprises, as defined
  582  in s. 288.703, and veteran business enterprises, as defined in
  583  s. 295.187, to compete for medical marijuana treatment center
  584  licensure and contracts. Subject to the requirements in
  585  subparagraphs (a)2.-4., the department shall issue a license to
  586  an applicant if the applicant meets the requirements of this
  587  section and pays the initial application fee. The department
  588  shall renew the licensure of a medical marijuana treatment
  589  center biennially if the licensee meets the requirements of this
  590  section and pays the biennial renewal fee. An individual may not
  591  be an applicant, owner, officer, board member, or manager on
  592  more than one application for licensure as a medical marijuana
  593  treatment center. An individual or entity may not be awarded
  594  more than one license as a medical marijuana treatment center.
  595  An applicant for licensure as a medical marijuana treatment
  596  center must demonstrate:
  597         1. That, for the 5 consecutive years before submitting the
  598  application, the applicant has been registered to do business in
  599  the state.
  600         2. Possession of a valid certificate of registration issued
  601  by the Department of Agriculture and Consumer Services pursuant
  602  to s. 581.131.
  603         3. The technical and technological ability to cultivate and
  604  produce marijuana, including, but not limited to, low-THC
  605  cannabis.
  606         4. The ability to secure the premises, resources, and
  607  personnel necessary to operate as a medical marijuana treatment
  608  center.
  609         5. The ability to maintain accountability of all raw
  610  materials, finished products, and any byproducts to prevent
  611  diversion or unlawful access to or possession of these
  612  substances.
  613         6. An infrastructure reasonably located to dispense
  614  marijuana to registered qualified patients statewide or
  615  regionally as determined by the department.
  616         7. The financial ability to maintain operations for the
  617  duration of the 2-year approval cycle, including the provision
  618  of certified financial statements to the department.
  619         a. Upon approval, the applicant must post a $5 million
  620  performance bond issued by an authorized surety insurance
  621  company rated in one of the three highest rating categories by a
  622  nationally recognized rating service. However, a medical
  623  marijuana treatment center serving at least 1,000 qualified
  624  patients is only required to maintain a $2 million performance
  625  bond.
  626         b. In lieu of the performance bond required under sub
  627  subparagraph a., the applicant may provide an irrevocable letter
  628  of credit payable to the department or provide cash to the
  629  department. If provided with cash under this sub-subparagraph,
  630  the department shall deposit the cash in the Grants and
  631  Donations Trust Fund within the Department of Health, subject to
  632  the same conditions as the bond regarding requirements for the
  633  applicant to forfeit ownership of the funds. If the funds
  634  deposited under this sub-subparagraph generate interest, the
  635  amount of that interest shall be used by the department for the
  636  administration of this section.
  637         8. That all owners, officers, board members, and managers
  638  have passed a background screening pursuant to subsection (9).
  639         9. The employment of a medical director to supervise the
  640  activities of the medical marijuana treatment center.
  641         10. A diversity plan that promotes and ensures the
  642  involvement of minority persons and minority business
  643  enterprises, as defined in s. 288.703, or veteran business
  644  enterprises, as defined in s. 295.187, in ownership, management,
  645  and employment. An applicant for licensure renewal must show the
  646  effectiveness of the diversity plan by including the following
  647  with his or her application for renewal:
  648         a. Representation of minority persons and veterans in the
  649  medical marijuana treatment center’s workforce;
  650         b. Efforts to recruit minority persons and veterans for
  651  employment; and
  652         c. A record of contracts for services with minority
  653  business enterprises and veteran business enterprises.
  654         (c) A medical marijuana treatment center may not make a
  655  wholesale purchase of marijuana from, or a distribution of
  656  marijuana to, another medical marijuana treatment center, unless
  657  the medical marijuana treatment center seeking to make a
  658  wholesale purchase of marijuana submits proof of harvest failure
  659  to the department.
  660         (a)(d)Department responsibilities.The department shall do
  661  all of the following:
  662         1. Adopt by rule all of the following:
  663         a. Operating standards for the cultivation, processing,
  664  packaging, and labeling of marijuana.
  665         b. Standards for the sale of marijuana.
  666         c. Procedures and requirements for all of the following:
  667         (I) The registration and registration renewal of medical
  668  marijuana treatment centers (MMTCs).
  669         (II) The issuance and renewal of cultivation, processing,
  670  retail, and transportation operating licenses.
  671         (III) The issuance and renewal of cultivation, processing,
  672  dispensing, and storage facility permits and of vehicle permits.
  673         (IV) The registration of all principals, employees, and
  674  contractors of an MMTC who will participate in the operations of
  675  the MMTC.
  676         (V) The issuance of MMTC employee identification cards to
  677  registered principals, employees, and contractors of MMTCs.
  678         2. Establish, maintain, and control a computer software
  679  tracking system that traces marijuana from seed to sale and
  680  allows real-time, 24-hour access by the department to data from
  681  all MMTCs medical marijuana treatment centers and marijuana
  682  testing laboratories. The tracking system must allow for
  683  integration of other seed-to-sale systems and, at a minimum,
  684  include notification of when marijuana seeds are planted, when
  685  marijuana plants are harvested and destroyed, and when marijuana
  686  is transported, sold, stolen, diverted, or lost. Each MMTC must
  687  medical marijuana treatment center shall use the seed-to-sale
  688  tracking system established by the department or integrate its
  689  own seed-to-sale tracking system with the seed-to-sale tracking
  690  system established by the department. Each MMTC medical
  691  marijuana treatment center may use its own seed-to-sale system
  692  until the department establishes a seed-to-sale tracking system.
  693  The department may contract with a vendor to establish the seed
  694  to-sale tracking system. The vendor selected by the department
  695  may not have a contractual relationship with the department to
  696  perform any services pursuant to this section other than the
  697  seed-to-sale tracking system. The vendor may not have a direct
  698  or indirect financial interest in an MMTC a medical marijuana
  699  treatment center or a marijuana testing laboratory.
  700         (b) Registration.
  701         1. The department shall adopt by rule an MMTC registration
  702  form that must require at least all of the following:
  703         a.The applicant’s full legal name.
  704         b.The physical address of each location where the
  705  applicant will apply for a facility permit to cultivate,
  706  process, dispense, or store marijuana.
  707         c.The name, address, and date of birth of the applicant’s
  708  principals.
  709         d.The name, address, and date of birth of the applicant’s
  710  current employees and contractors who will participate in the
  711  operations of the MMTC.
  712         e.The operation or operations in which the applicant
  713  intends to engage, which may include one or more of the
  714  following:
  715         (I)Cultivation.
  716         (II)Processing.
  717         (III)Retail sales.
  718         (IV) Transportation.
  719         2.To be registered as an MMTC, an applicant must submit
  720  all of the following to the department:
  721         a.The applicant’s completed registration form.
  722         b.Personnel registration application forms, as described
  723  in subsection (9), for all principals, employees, and
  724  contractors listed on the applicant’s registration form who will
  725  participate in the operations of the MMTC. The department may
  726  not register the applicant as an MMTC until all principals,
  727  employees, and contractors listed on the applicant’s
  728  registration form have registered with the department and are
  729  issued MMTC employee identification cards.
  730         c.Proof that all principals listed on the applicant’s
  731  registration form who will not participate in the operations of
  732  the MMTC have passed a level 2 background screening pursuant to
  733  chapter 435 within the previous year.
  734         d. Proof that the MMTC has the capability to comply with
  735  seed-to-sale tracking system requirements.
  736         e.Proof of the applicant’s financial ability to maintain
  737  operations for the duration of the registration.
  738         f.A $500,000 performance and compliance bond, or a $1
  739  million performance and compliance bond if the MMTC intends to
  740  cultivate or process marijuana, which will be forfeited if the
  741  MMTC fails to comply with:
  742         (I) Registration requirements in this subsection during the
  743  registration period; or
  744         (II) Material requirements of this section which are
  745  applicable to the functions the applicant intends to perform, as
  746  indicated on the registration form.
  747         3. A registration expires 2 years after the date it is
  748  issued.
  749         4.In addition to obtaining registration pursuant to this
  750  paragraph, an MMTC must obtain an operating license for each
  751  operation it will perform as provided in paragraph (c),
  752  paragraph (d), or paragraph (f), as applicable.
  753         (c) Cultivation licenses and processing licenses.
  754         1.A registered MMTC may apply for a cultivation license or
  755  a processing license. When applying, the MMTC shall provide the
  756  department with at least all of the following:
  757         a. A completed cultivation license or processing license
  758  application form.
  759         b. The physical address of each location where marijuana
  760  will be cultivated, processed, or stored.
  761         c. As applicable to the requested license or licenses:
  762         (I)Proof of an established infrastructure, or the ability
  763  to establish an infrastructure in a reasonable amount of time,
  764  which is designed for cultivation, processing, testing,
  765  packaging, and labeling marijuana; maintaining the
  766  infrastructure’s security; and preventing the theft or diversion
  767  of any marijuana.
  768         (II) Proof that the applicant possesses the technical and
  769  technological ability to cultivate and test or process and test
  770  marijuana.
  771         d. Proof of operating procedures designed to secure and
  772  maintain accountability for all marijuana and marijuana-related
  773  byproducts that come into the applicant’s possession, and to
  774  comply with the required seed-to-sale tracking system.
  775         2. Cultivation licenses and processing licenses expire 2
  776  years after the date they are issued. To renew a license, the
  777  licensee must meet all of the requirements for initial
  778  licensure; must provide all of the documentation required under
  779  subparagraph 1.; and must not have any uncorrected substantial
  780  violations of the standards adopted by department rule for the
  781  cultivation, processing, testing, packaging, and labeling of
  782  marijuana.
  783         3. Before beginning cultivation or processing at any
  784  location, the licensee must obtain a facility permit from the
  785  department for that location pursuant to paragraph (g).
  786         4.Licensees under this subsection may use contractors to
  787  assist with the cultivation or processing of marijuana, as
  788  applicable, but the licensee is ultimately responsible for all
  789  of the operations performed by each contractor relating to the
  790  cultivation or processing of marijuana and is responsible for
  791  maintaining physical possession of the marijuana at all times.
  792  All work done by a contractor must be performed at a location
  793  that has a facility permit issued by the department. A licensee
  794  using a contractor must register any principal or employee of a
  795  contractor who will be participating in the operations of the
  796  licensee as provided in subsection (9). Such principal or
  797  employee may not begin participating in the operations of the
  798  licensee until he or she has received an MMTC employee
  799  identification card from the department.
  800         5. All marijuana byproducts that cannot be processed or
  801  reprocessed must be destroyed by the cultivation licensee or the
  802  processing licensee or their respective contractors within 30
  803  days after the production of the byproducts.
  804         6. Licensees under this subsection may wholesale marijuana
  805  only to other registered MMTCs. Before wholesaling marijuana,
  806  the wholesaling MMTC shall provide the purchasing MMTC with
  807  documentation showing that the marijuana meets the testing,
  808  packaging, and labeling requirements of this section. The
  809  purchasing MMTC shall review such documentation to determine
  810  that the marijuana is in compliance with this section before
  811  taking possession of the marijuana.
  812         7.Transportation or delivery of marijuana outside of the
  813  property owned by a licensee under this subsection may be
  814  performed only by an MMTC that holds a transportation license
  815  issued pursuant to paragraph (f).
  816         (e) A licensed medical marijuana treatment center shall
  817  cultivate, process, transport, and dispense marijuana for
  818  medical use. A licensed medical marijuana treatment center may
  819  not contract for services directly related to the cultivation,
  820  processing, and dispensing of marijuana or marijuana delivery
  821  devices, except that a medical marijuana treatment center
  822  licensed pursuant to subparagraph (a)1. may contract with a
  823  single entity for the cultivation, processing, transporting, and
  824  dispensing of marijuana and marijuana delivery devices. A
  825  licensed medical marijuana treatment center must, at all times,
  826  maintain compliance with the criteria demonstrated and
  827  representations made in the initial application and the criteria
  828  established in this subsection. Upon request, the department may
  829  grant a medical marijuana treatment center a variance from the
  830  representations made in the initial application. Consideration
  831  of such a request shall be based upon the individual facts and
  832  circumstances surrounding the request. A variance may not be
  833  granted unless the requesting medical marijuana treatment center
  834  can demonstrate to the department that it has a proposed
  835  alternative to the specific representation made in its
  836  application which fulfills the same or a similar purpose as the
  837  specific representation in a way that the department can
  838  reasonably determine will not be a lower standard than the
  839  specific representation in the application. A variance may not
  840  be granted from the requirements in subparagraph 2. and
  841  subparagraphs (b)1. and 2.
  842         1. A licensed medical marijuana treatment center may
  843  transfer ownership to an individual or entity who meets the
  844  requirements of this section. A publicly traded corporation or
  845  publicly traded company that meets the requirements of this
  846  section is not precluded from ownership of a medical marijuana
  847  treatment center. To accommodate a change in ownership:
  848         a. The licensed medical marijuana treatment center shall
  849  notify the department in writing at least 60 days before the
  850  anticipated date of the change of ownership.
  851         b. The individual or entity applying for initial licensure
  852  due to a change of ownership must submit an application that
  853  must be received by the department at least 60 days before the
  854  date of change of ownership.
  855         c. Upon receipt of an application for a license, the
  856  department shall examine the application and, within 30 days
  857  after receipt, notify the applicant in writing of any apparent
  858  errors or omissions and request any additional information
  859  required.
  860         d. Requested information omitted from an application for
  861  licensure must be filed with the department within 21 days after
  862  the department’s request for omitted information or the
  863  application shall be deemed incomplete and shall be withdrawn
  864  from further consideration and the fees shall be forfeited.
  865  
  866  Within 30 days after the receipt of a complete application, the
  867  department shall approve or deny the application.
  868         2. A medical marijuana treatment center, and any individual
  869  or entity who directly or indirectly owns, controls, or holds
  870  with power to vote 5 percent or more of the voting shares of a
  871  medical marijuana treatment center, may not acquire direct or
  872  indirect ownership or control of any voting shares or other form
  873  of ownership of any other medical marijuana treatment center.
  874         3. A medical marijuana treatment center may not enter into
  875  any form of profit-sharing arrangement with the property owner
  876  or lessor of any of its facilities where cultivation,
  877  processing, storing, or dispensing of marijuana and marijuana
  878  delivery devices occurs.
  879         4. All employees of a medical marijuana treatment center
  880  must be 21 years of age or older and have passed a background
  881  screening pursuant to subsection (9).
  882         5. Each medical marijuana treatment center must adopt and
  883  enforce policies and procedures to ensure employees and
  884  volunteers receive training on the legal requirements to
  885  dispense marijuana to qualified patients.
  886         8.6. When growing marijuana, a licensed cultivation MMTC
  887  medical marijuana treatment center:
  888         a. May use pesticides determined by the department, after
  889  consultation with the Department of Agriculture and Consumer
  890  Services, to be safely applied to plants intended for human
  891  consumption, but may not use pesticides designated as
  892  restricted-use pesticides pursuant to s. 487.042.
  893         b. Shall Must grow marijuana within an enclosed permitted
  894  cultivation facility structure and in a room separate from any
  895  other plant.
  896         c. Shall Must inspect seeds and growing plants for plant
  897  pests that endanger or threaten the horticultural and
  898  agricultural interests of the state in accordance with chapter
  899  581 and any rules adopted thereunder.
  900         d. Shall Must perform fumigation or treatment of plants, or
  901  remove and destroy infested or infected plants, in accordance
  902  with chapter 581 and any rules adopted thereunder.
  903         7. Each medical marijuana treatment center must produce and
  904  make available for purchase at least one low-THC cannabis
  905  product.
  906         9.8.An MMTC A medical marijuana treatment center that
  907  produces edibles must hold a permit to operate as a food
  908  establishment pursuant to chapter 500, the Florida Food Safety
  909  Act, and must comply with all the requirements for food
  910  establishments pursuant to chapter 500 and any rules adopted
  911  thereunder. Edibles may not contain more than 200 milligrams of
  912  tetrahydrocannabinol, and a single serving portion of an edible
  913  may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
  914  may have a tetrahydrocannabinol potency variance of no greater
  915  than 15 percent. Edibles may not be attractive to children; be
  916  manufactured in the shape of humans, cartoons, or animals; be
  917  manufactured in a form that bears any reasonable resemblance to
  918  products available for consumption as commercially available
  919  candy; or contain any color additives. To discourage consumption
  920  of edibles by children, the department shall determine by rule
  921  any shapes, forms, and ingredients allowed and prohibited for
  922  edibles. MMTCs Medical marijuana treatment centers may not begin
  923  processing or dispensing edibles until after the effective date
  924  of the rule. The department shall also adopt sanitation rules
  925  providing the standards and requirements for the storage,
  926  display, or dispensing of edibles.
  927         9. Within 12 months after licensure, a medical marijuana
  928  treatment center must demonstrate to the department that all of
  929  its processing facilities have passed a Food Safety Good
  930  Manufacturing Practices, such as Global Food Safety Initiative
  931  or equivalent, inspection by a nationally accredited certifying
  932  body. A medical marijuana treatment center must immediately stop
  933  processing at any facility which fails to pass this inspection
  934  until it demonstrates to the department that such facility has
  935  met this requirement.
  936         10.A medical marijuana treatment center that produces
  937  prerolled marijuana cigarettes may not use wrapping paper made
  938  with tobacco or hemp.
  939         10.11. When processing marijuana, a licensed processing
  940  MMTC shall medical marijuana treatment center must:
  941         a. Process the marijuana within an enclosed permitted
  942  processing facility structure and in a room separate from other
  943  plants or products.
  944         b. Comply with department rules when processing marijuana
  945  with hydrocarbon solvents or other solvents or gases exhibiting
  946  potential toxicity to humans. The department shall determine by
  947  rule the requirements for the medical marijuana treatment
  948  centers to use of such solvents or gases by MMTCs exhibiting
  949  potential toxicity to humans.
  950         c. Comply with federal and state laws and regulations and
  951  department rules for solid and liquid wastes. The department
  952  shall determine by rule procedures for the storage, handling,
  953  transportation, management, and disposal of solid and liquid
  954  waste generated during marijuana production and processing. The
  955  Department of Environmental Protection shall assist the
  956  department in developing such rules.
  957         d. Test the processed marijuana using a medical marijuana
  958  testing laboratory before it is sold or dispensed. Results must
  959  be verified and signed by two MMTC medical marijuana treatment
  960  center employees. Before selling, wholesaling, or dispensing,
  961  the MMTC shall medical marijuana treatment center must determine
  962  that the test results indicate that low-THC cannabis meets the
  963  definition of low-THC cannabis, the concentration of
  964  tetrahydrocannabinol meets the potency requirements of this
  965  section, the labeling of the concentration of
  966  tetrahydrocannabinol and cannabidiol is accurate, and all
  967  marijuana is safe for human consumption and free from
  968  contaminants that are unsafe for human consumption. The
  969  department shall determine by rule which contaminants must be
  970  tested for and the maximum levels of each contaminant which are
  971  safe for human consumption. The Department of Agriculture and
  972  Consumer Services shall assist the department in developing the
  973  testing requirements for contaminants that are unsafe for human
  974  consumption in edibles. The department shall also determine by
  975  rule the procedures for the treatment of marijuana that fails to
  976  meet the testing requirements of this section, s. 381.988, or
  977  department rule. The department may select a random sample from
  978  edibles available for purchase in a dispensing facility, which
  979  must shall be tested by the department to determine that the
  980  edible meets the potency requirements of this section and, is
  981  safe for human consumption, and that the labeling of the
  982  tetrahydrocannabinol and cannabidiol concentration is accurate.
  983  An MMTC A medical marijuana treatment center may not require
  984  payment from the department for the sample. An MMTC shall A
  985  medical marijuana treatment center must recall edibles,
  986  including all edibles made from the same batch of marijuana,
  987  which fail to meet the potency requirements of this section,
  988  which are unsafe for human consumption, or for which the
  989  labeling of the tetrahydrocannabinol and cannabidiol
  990  concentration is inaccurate. An MMTC shall The medical marijuana
  991  treatment center must retain records of all testing and samples
  992  of each homogenous batch of marijuana for at least 9 months. An
  993  MMTC shall The medical marijuana treatment center must contract
  994  with a marijuana testing laboratory to perform audits on the
  995  MMTC’s medical marijuana treatment center’s standard operating
  996  procedures, testing records, and samples and provide the results
  997  to the department to confirm that the marijuana or low-THC
  998  cannabis meets the requirements of this section and that the
  999  marijuana or low-THC cannabis is safe for human consumption. An
 1000  MMTC A medical marijuana treatment center shall reserve two
 1001  processed samples from each batch and retain such samples for at
 1002  least 9 months for the purpose of such audits. An MMTC A medical
 1003  marijuana treatment center may use a laboratory that has not
 1004  been certified by the department under s. 381.988 until such
 1005  time as at least one laboratory holds the required
 1006  certification, but in no event later than July 1, 2018.
 1007         e. Package the marijuana in compliance with the United
 1008  States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
 1009  1471 et seq.
 1010         f. Package the marijuana in a receptacle that has a firmly
 1011  affixed and legible label stating the following information:
 1012         (I) That the marijuana or low-THC cannabis meets the
 1013  requirements of sub-subparagraph d.
 1014         (II) The name of the MMTC medical marijuana treatment
 1015  center from which the marijuana originates.
 1016         (III) The batch number and harvest number from which the
 1017  marijuana originates and the date that the marijuana is sold or
 1018  dispensed.
 1019         (IV) The name of the physician who issued the physician
 1020  certification.
 1021         (V) The name of the patient.
 1022         (VI) The product name, if applicable, and dosage form,
 1023  including concentration of tetrahydrocannabinol and cannabidiol.
 1024  The product name may not contain wording commonly associated
 1025  with products marketed by or to children.
 1026         (V)(VII) The recommended dose.
 1027         (VI)(VIII) A warning that it is illegal to transfer medical
 1028  marijuana to a another person younger than 21 years of age.
 1029         (VII)(IX) A marijuana universal symbol developed by the
 1030  department.
 1031         11.12. The MMTC that packages the marijuana medical
 1032  marijuana treatment center shall include in each package an a
 1033  patient package insert with information on the specific product
 1034  dispensed related to:
 1035         a. Clinical pharmacology.
 1036         b. Indications and use.
 1037         c. Dosage and administration.
 1038         d. Dosage forms and strengths.
 1039         e. Contraindications.
 1040         f. Warnings and precautions.
 1041         g. Adverse reactions.
 1042         12.13. In addition to the packaging and labeling
 1043  requirements specified in subparagraphs 10. and 11. and 12.,
 1044  marijuana in a form for smoking must be packaged in a sealed
 1045  receptacle with a legible and prominent warning to keep the
 1046  receptacle away from children and a warning that states that
 1047  marijuana smoke contains carcinogens and may negatively affect
 1048  health. Such receptacles for marijuana in a form for smoking
 1049  must be plain, opaque, and white without depictions of the
 1050  product or images other than the MMTC’s medical marijuana
 1051  treatment center’s department-approved logo and the marijuana
 1052  universal symbol.
 1053         13.14. The department shall adopt rules to regulate the
 1054  types, appearance, and labeling of marijuana delivery devices
 1055  dispensed from an MMTC a medical marijuana treatment center. The
 1056  rules must require marijuana delivery devices to have an
 1057  appearance consistent with medical use.
 1058         14.15. Each edible must shall be individually sealed in
 1059  plain, opaque wrapping marked only with the marijuana universal
 1060  symbol. Where practical, Each edible must shall be marked with
 1061  the marijuana universal symbol. In addition to the packaging and
 1062  labeling requirements in subparagraphs 10. and 11. and 12.,
 1063  edible receptacles must be plain, opaque, and white without
 1064  depictions of the product or images other than the MMTC’s
 1065  medical marijuana treatment center’s department-approved logo
 1066  and the marijuana universal symbol. The receptacle must also
 1067  include a list of all the edible’s ingredients, storage
 1068  instructions, information on the estimated amount of time for
 1069  the edible to take effect, an expiration date, a legible and
 1070  prominent warning to keep the receptacle away from children and
 1071  pets, and a warning that the edible has not been produced or
 1072  inspected pursuant to federal food safety laws.
 1073         (d)Retail licenses.
 1074         1.A registered MMTC may apply for a retail license. When
 1075  applying, the MMTC must provide the department with at least all
 1076  of the following:
 1077         a. A completed retail license application form.
 1078         b.A statement by the applicant which indicates whether the
 1079  applicant intends to dispense by delivery. A retail licensee may
 1080  not deliver marijuana without also obtaining a transportation
 1081  license pursuant to paragraph (f).
 1082         c. The physical address of each location where the
 1083  applicant will dispense or store marijuana.
 1084         d. Identifying information for all other current or
 1085  previous retail licenses held by the applicant or any of the
 1086  applicant’s principals.
 1087         e. Proof of operating procedures designed to secure and
 1088  maintain accountability for all marijuana that the applicant
 1089  receives and possesses, to ensure that only the allowed amount
 1090  of marijuana is sold or dispensed, to ensure that the specified
 1091  type of marijuana is correctly dispensed to a qualified patient
 1092  or his or her caregiver pursuant to a physician certification,
 1093  and to monitor the medical marijuana patient registry and
 1094  electronically update the registry with dispensing information.
 1095         2. A retail license expires 2 years after the date it is
 1096  issued. The retail licensee must apply for license renewal
 1097  before the expiration date. To renew a license, a retail
 1098  licensee must meet all of the requirements for initial
 1099  licensure; must provide all of the documents required under
 1100  paragraph (b); and must not have any outstanding substantial
 1101  violations of the applicable standards adopted by department
 1102  rule.
 1103         3. Before beginning to sell, dispense, or store marijuana,
 1104  the licensee shall obtain a facility permit from the department
 1105  for each location where marijuana will be sold, dispensed, or
 1106  stored. If a facility’s permit expires or is suspended or
 1107  revoked, the MMTC must cease all applicable operations at that
 1108  facility until the department inspects the facility and renews
 1109  or reinstates the facility’s permit.
 1110         4. A dispensing facility may not repackage or modify
 1111  marijuana that has already been packaged for sale by a
 1112  cultivation licensee or processing licensee, unless the
 1113  repackaging is of unprocessed marijuana; is done in accordance
 1114  with instructions from the cultivator; and is documented in the
 1115  required seed-to-sale tracking system.
 1116         5.A retail licensee may contract with an MMTC that has a
 1117  transportation license to transport marijuana between properties
 1118  owned by the retail licensee, to deliver the marijuana for sale
 1119  or dispensing, and to pick up returns of marijuana.
 1120         6. Onsite consumption or administration of marijuana at a
 1121  dispensing facility is prohibited.
 1122         7.16. When dispensing marijuana or a marijuana delivery
 1123  device, a licensed retail MMTC medical marijuana treatment
 1124  center:
 1125         a. May dispense any active, valid order for low-THC
 1126  cannabis, medical cannabis and cannabis delivery devices issued
 1127  pursuant to former s. 381.986, Florida Statutes 2016, which was
 1128  entered into the medical marijuana use registry before July 1,
 1129  2017.
 1130         b. May not dispense more than one a 70-day supply of
 1131  marijuana within any 70-day period to a qualified patient or
 1132  caregiver and. may not dispense more than one 35-day supply of
 1133  marijuana in a form for smoking within any 35-day period to a
 1134  qualified patient or caregiver. A 35-day supply of marijuana in
 1135  a form for smoking may not exceed 2.5 ounces unless an exception
 1136  to this amount is approved by the department pursuant to
 1137  paragraph (4)(f).
 1138         c. Shall require Must have the MMTC’s medical marijuana
 1139  treatment center’s employee who dispenses the marijuana or a
 1140  marijuana delivery device to enter into the medical marijuana
 1141  use registry his or her name or unique employee identifier.
 1142         d. When dispensing to a qualified patient or caregiver,
 1143  shall must verify that the qualified patient and, if applicable,
 1144  the caregiver, if applicable, each have an active registration
 1145  in the medical marijuana use registry and an active and valid
 1146  medical marijuana use registry identification card; that, the
 1147  amount and type of marijuana dispensed matches the physician
 1148  certification in the medical marijuana use registry for that
 1149  qualified patient;, and that the physician certification has not
 1150  already been filled.
 1151         e.When dispensing to a qualified patient or caregiver,
 1152  shall label the marijuana or the marijuana delivery device with
 1153  the name of the physician who issued the physician certification
 1154  and the name of the patient for whom the certification was
 1155  issued before it is dispensed.
 1156         f.e. May not dispense marijuana to a qualified patient who
 1157  is younger than 18 years of age. If the qualified patient is
 1158  younger than 18 years of age, marijuana may only be dispensed
 1159  only to the qualified patient’s caregiver.
 1160         g.May sell marijuana to an adult 21 years of age or older
 1161  pursuant to s. 381.990, provided that the MMTC is registered
 1162  with the Department of Business and Professional Regulation
 1163  pursuant to that section. When selling marijuana pursuant to
 1164  that section, the employee selling the marijuana must determine
 1165  that the appearance of the buyer is such that a prudent person
 1166  would believe the buyer to be 21 years of age or older or must
 1167  carefully check the buyer’s driver license, identification card
 1168  issued by this state or another state of the United States,
 1169  passport, or United States Armed Services identification card to
 1170  determine the buyer’s age. Other than for the purpose of
 1171  determining a buyer’s age, an MMTC may not request or store any
 1172  personal information provided by the buyer.
 1173         h.f. May not dispense or sell any other type of cannabis,
 1174  alcohol, or illicit drug-related product, including pipes or
 1175  wrapping papers made with tobacco or hemp, other than a
 1176  marijuana delivery device required for the medical use of
 1177  marijuana and which is specified in a physician certification.
 1178         i.g.Must, Upon dispensing the marijuana or marijuana
 1179  delivery device to a qualified patient or caregiver, shall
 1180  record in the registry the date, time, quantity, and form of
 1181  marijuana dispensed; the type of marijuana delivery device
 1182  dispensed; and the name and medical marijuana use registry
 1183  identification number of the qualified patient or caregiver to
 1184  whom the marijuana delivery device was dispensed.
 1185         j.h.Shall Must ensure that patient records are not visible
 1186  to anyone other than the qualified patient, his or her
 1187  caregiver, and authorized MMTC medical marijuana treatment
 1188  center employees.
 1189         (e)(f)Security.To ensure the safety and security of
 1190  premises where the cultivation, processing, storing, or
 1191  dispensing of marijuana occurs, and to maintain adequate
 1192  controls against the diversion, theft, and loss of marijuana or
 1193  marijuana delivery devices, an MMTC a medical marijuana
 1194  treatment center shall do all of the following:
 1195         1.a. Maintain a fully operational security alarm system
 1196  that secures all entry points and perimeter windows and is
 1197  equipped with motion detectors; pressure switches; and duress,
 1198  panic, and hold-up alarms.; and
 1199         b. Maintain a video surveillance system that records
 1200  continuously, 24 hours a day, and meets all of the following
 1201  criteria:
 1202         (I) Cameras are fixed in a place that allows for the clear
 1203  identification of persons and activities in controlled areas of
 1204  the premises. Controlled areas include grow rooms, processing
 1205  rooms, storage rooms, disposal rooms or areas, and point-of-sale
 1206  rooms.
 1207         (II) Cameras are fixed in entrances and exits to the
 1208  premises in a place that allows recording, which shall record
 1209  from both indoor and outdoor, or ingress and egress, vantage
 1210  points.
 1211         (III) Produces recorded images that must clearly and
 1212  accurately display the time and date of recording.
 1213         c.(IV) Retain video surveillance recordings for at least 45
 1214  days or longer upon the request of a law enforcement agency.
 1215         2. Ensure that the MMTC’s medical marijuana treatment
 1216  center’s outdoor premises have sufficient lighting from dusk
 1217  until dawn.
 1218         3. Ensure that the indoor premises where dispensing occurs
 1219  include includes a waiting area with sufficient space and
 1220  seating to accommodate qualified patients and caregivers and at
 1221  least one private consultation area that is isolated from the
 1222  waiting area and the area where dispensing occurs. An MMTC A
 1223  medical marijuana treatment center may not display products or
 1224  dispense marijuana or marijuana delivery devices in the waiting
 1225  area.
 1226         4. Cease dispensing Not dispense from its premises
 1227  marijuana or a marijuana delivery devices from its premises
 1228  device between the hours of 11 p.m. 9 p.m. and 7 a.m., but may
 1229  perform all other operations and deliver marijuana to qualified
 1230  patients 24 hours a day.
 1231         5. Store marijuana in a secured, locked room or a vault.
 1232         6. Require at least two of its employees, or two employees
 1233  of a security agency with whom it contracts, to be on the
 1234  premises at all times where cultivation, processing, or storing
 1235  of marijuana occurs, at all times.
 1236         7. Require each employee or contractor to wear a photo
 1237  identification badge at all times while on the premises.
 1238         8. Require each visitor to wear a visitor pass at all times
 1239  while on the premises.
 1240         9. Implement an alcohol and drug-free workplace policy.
 1241         10. Report to a local law enforcement agency within 24
 1242  hours after the MMTC medical marijuana treatment center is
 1243  notified or becomes aware of the theft, diversion, or loss of
 1244  marijuana.
 1245         (f) Transportation licenses; vehicle permits.
 1246         1.A registered MMTC may apply for a transportation
 1247  license. When applying, the MMTC shall provide the department
 1248  with at least all of the following:
 1249         a. The physical address of the MMTC’s place of business.
 1250         b.Proof that the MMTC has a documentation system in
 1251  accordance with the required seed-to-sale tracking system,
 1252  including transportation manifests, for transporting marijuana
 1253  between licensed facilities and to qualified patients.
 1254  Transportation manifests may be electronically stored and
 1255  presented.
 1256         c. Proof of the MMTC’s compliance with health and
 1257  sanitation standards for the transportation of marijuana.
 1258         d. Proof that all marijuana transported between licensed
 1259  facilities will be transported in tamper-evident shipping
 1260  containers.
 1261         2.An MMTC with a transportation license may not transport
 1262  marijuana on the property of an airport, a seaport, a spaceport,
 1263  or any property of the Federal Government.
 1264         3. An MMTC with a transportation license may transport
 1265  marijuana and marijuana delivery devices only in a vehicle that
 1266  is owned or leased by the MMTC or the MMTC’s contractor and for
 1267  which a valid vehicle permit has been issued by the department.
 1268         4. An MMTC with a transportation license may obtain a
 1269  vehicle permit upon submission of an application. The MMTC must
 1270  designate as the driver for each permitted vehicle an employee
 1271  or contracted employee who is registered with the department and
 1272  who is authorized to possess marijuana when not on the property
 1273  of the MMTC. Such designation must be displayed in the vehicle
 1274  at all times. Each permitted vehicle must be GPS monitored. A
 1275  vehicle permit remains valid and does not expire unless the MMTC
 1276  or its contractor disposes of the permitted vehicle or the
 1277  MMTC’s registration or transportation license is transferred,
 1278  canceled, not renewed, or revoked by the department. The
 1279  department shall cancel a vehicle permit upon the request of the
 1280  MMTC or its contractor.
 1281         5. When transporting marijuana, a permitted vehicle is
 1282  subject to inspection and search without a search warrant by
 1283  authorized employees of the department, sheriffs, deputy
 1284  sheriffs, police officers, or other law enforcement officers to
 1285  determine that the MMTC is operating in compliance with this
 1286  section.
 1287         6.An MMTC with a transportation license may deliver, or
 1288  contract for the delivery of, marijuana and marijuana delivery
 1289  devices to other MMTCs, to qualified patients and caregivers
 1290  within this state, and to adults 21 years of age or older within
 1291  this state. A county or municipality may not prohibit deliveries
 1292  of marijuana and marijuana delivery devices to qualified
 1293  patients within the county or municipality. Deliveries may be
 1294  made only to the qualified patient who placed the order or his
 1295  or her caregiver. When delivering to a qualified patient or
 1296  caregiver, an MMTC or its contractor shall verify the identity
 1297  of the qualified patient upon placement of the delivery order
 1298  and, again, upon delivery. When delivering marijuana to an adult
 1299  21 years of age or older, an MMTC or its contractor shall verify
 1300  the age of the buyer upon placement of the order and, again,
 1301  upon delivery. In order to verify the age of the buyer, the MMTC
 1302  must determine that the appearance of the buyer is such that a
 1303  prudent person would believe the buyer to be 21 years of age or
 1304  older or must carefully check the buyer’s driver license,
 1305  identification card issued by this state or another state of the
 1306  United States, passport, or United States Armed Services
 1307  identification card to determine the buyer’s age. The department
 1308  shall adopt rules specific to the delivery of marijuana which
 1309  include both of the following:
 1310         a.Procedures for verifying the age and identity of the
 1311  person submitting and receiving a delivery, as appropriate,
 1312  including required training for delivery personnel.
 1313         b.A maximum dispensary value for all marijuana and
 1314  currency that may be in the possession of a registered MMTC
 1315  employee or contractor while he or she makes a delivery. The
 1316  maximum value established by rule may not be less than $5,000.
 1317         7.Licensees under this subsection may use contractors to
 1318  assist with the transportation of marijuana, but the licensee is
 1319  ultimately responsible for all of the actions and operations of
 1320  each contractor relating to the transportation of marijuana and
 1321  must know the location of all marijuana at all times. To
 1322  participate in the operations of a licensee under this
 1323  subsection, a principal or employee of a contractor contracted
 1324  by the licensee must first register with the department and be
 1325  issued an MMTC employee identification card.
 1326         (g) Facility permits.
 1327         1. Before cultivating, processing, dispensing, or storing
 1328  marijuana at any location, an MMTC shall apply to the department
 1329  for the applicable facility permit for that facility. The
 1330  department shall adopt by rule an application form. Upon
 1331  receiving a request for a permit from a licensee, the department
 1332  shall inspect the facility for compliance with this section and
 1333  rules adopted hereunder, and, upon a determination of
 1334  compliance, shall issue a permit to the facility. The department
 1335  shall issue or deny a facility permit within 30 days after
 1336  receiving the request for the permit.
 1337         2. A facility permit expires 2 years after the date it is
 1338  issued. Each facility must be inspected by the department for
 1339  compliance with this section and department rules before the
 1340  facility’s permit is renewed.
 1341         3. If a facility permit expires or is suspended or revoked,
 1342  the MMTC must cease all applicable operations at that facility
 1343  until the department inspects the facility and renews or
 1344  reinstates the facility’s permit.
 1345         4. Cultivation facilities and processing facilities:
 1346         a. Shall maintain insurance with at least $1 million of
 1347  hazard and liability insurance per location; and
 1348         b. Must be secure, closed to the public, and, unless an
 1349  ordinance allows the facility to be located closer, must be
 1350  located at least 1,000 feet away from any existing public or
 1351  private elementary or secondary school, a child care facility as
 1352  defined in s. 402.302, or a licensed service provider offering
 1353  substance abuse services.
 1354         5. All matters regarding the permitting and regulation of
 1355  cultivation facilities and processing facilities, including the
 1356  location of such facilities, are preempted to the state.
 1357         6. Dispensing facilities and storage facilities:
 1358         a. Shall maintain insurance with at least $500,000 of
 1359  hazard and liability insurance for each facility where marijuana
 1360  is dispensed or stored; and
 1361         b. Unless an ordinance allows the facility to be located
 1362  closer, must be located at least 1,000 feet away from any
 1363  existing public or private elementary or secondary school, child
 1364  care facility as defined in s. 402.302, or licensed service
 1365  provider offering substance abuse services.
 1366         7. The governing body of a county or municipality, by
 1367  ordinance, may prohibit or limit the number of dispensing
 1368  facilities located within its jurisdiction but may not prohibit
 1369  an MMTC with a retail license or its permitted storage facility
 1370  from being located within its jurisdiction if the licensee is
 1371  delivering or contracting to deliver marijuana within that
 1372  jurisdiction. The department may not issue a facility permit for
 1373  a dispensing facility in a county or municipality in which the
 1374  board of county commissioners or other local governing body, as
 1375  applicable, has adopted such an ordinance. A county or
 1376  municipality may not require, request, or accept financial
 1377  contributions or similar benefits from MMTCs, but, in addition
 1378  to other taxes authorized by law, a county or municipality may
 1379  levy a local business tax on a dispensing facility. An ordinance
 1380  adopted by a municipality or county pursuant to this paragraph
 1381  may not do any of the following:
 1382         a. Provide exclusive access to one or several individuals
 1383  or entities to operate dispensing facilities within the
 1384  jurisdiction.
 1385         b. Prohibit specific individuals or entities from operating
 1386  a dispensing facility within the jurisdiction if the ordinance
 1387  allows dispensing facilities to operate in the jurisdiction.
 1388         c. Prohibit the delivery of marijuana within the
 1389  jurisdiction by a properly licensed MMTC located within the
 1390  jurisdiction.
 1391         8. The department may adopt by rule additional requirements
 1392  for the permitting of cultivation, processing, dispensing, and
 1393  storage facilities to ensure the sanitary, safe, and secure
 1394  cultivation, processing, dispensing, storage, and sale of
 1395  marijuana.
 1396         To ensure the safe transport of marijuana and marijuana
 1397  delivery devices to medical marijuana treatment centers,
 1398  marijuana testing laboratories, or qualified patients, a medical
 1399  marijuana treatment center must:
 1400         1. Maintain a marijuana transportation manifest in any
 1401  vehicle transporting marijuana. The marijuana transportation
 1402  manifest must be generated from a medical marijuana treatment
 1403  center’s seed-to-sale tracking system and include the:
 1404         a. Departure date and approximate time of departure.
 1405         b. Name, location address, and license number of the
 1406  originating medical marijuana treatment center.
 1407         c. Name and address of the recipient of the delivery.
 1408         d. Quantity and form of any marijuana or marijuana delivery
 1409  device being transported.
 1410         e. Arrival date and estimated time of arrival.
 1411         f. Delivery vehicle make and model and license plate
 1412  number.
 1413         g. Name and signature of the medical marijuana treatment
 1414  center employees delivering the product.
 1415         (I) A copy of the marijuana transportation manifest must be
 1416  provided to each individual, medical marijuana treatment center,
 1417  or marijuana testing laboratory that receives a delivery. The
 1418  individual, or a representative of the center or laboratory,
 1419  must sign a copy of the marijuana transportation manifest
 1420  acknowledging receipt.
 1421         (II) An individual transporting marijuana or a marijuana
 1422  delivery device must present a copy of the relevant marijuana
 1423  transportation manifest and his or her employee identification
 1424  card to a law enforcement officer upon request.
 1425         (III) Medical marijuana treatment centers and marijuana
 1426  testing laboratories must retain copies of all marijuana
 1427  transportation manifests for at least 3 years.
 1428         2. Ensure only vehicles in good working order are used to
 1429  transport marijuana.
 1430         3. Lock marijuana and marijuana delivery devices in a
 1431  separate compartment or container within the vehicle.
 1432         4. Require employees to have possession of their employee
 1433  identification card at all times when transporting marijuana or
 1434  marijuana delivery devices.
 1435         5. Require at least two persons to be in a vehicle
 1436  transporting marijuana or marijuana delivery devices, and
 1437  require at least one person to remain in the vehicle while the
 1438  marijuana or marijuana delivery device is being delivered.
 1439         6. Provide specific safety and security training to
 1440  employees transporting or delivering marijuana and marijuana
 1441  delivery devices.
 1442         (h) Advertising.—An MMTC A medical marijuana treatment
 1443  center may not engage in advertising that is visible to members
 1444  of the public from any street, sidewalk, park, or other public
 1445  place, except:
 1446         1. An MMTC dispensing facility The dispensing location of A
 1447  medical marijuana treatment center may have a sign that is
 1448  affixed to the outside or hanging in the window of the premises
 1449  which identifies the dispensing facility dispensary by the
 1450  licensee’s business name, a department-approved trade name, or a
 1451  department-approved logo. An MMTC’s A medical marijuana
 1452  treatment center’s trade name and logo may not contain wording
 1453  or images commonly associated with marketing targeted toward
 1454  children or which promote recreational use of marijuana.
 1455         2. An MMTC A medical marijuana treatment center may engage
 1456  in Internet advertising and marketing under the following
 1457  conditions:
 1458         a. All advertisements must be approved by the department.
 1459         b. An advertisement may not have any content that
 1460  specifically targets individuals under the age of 18, including
 1461  cartoon characters or similar images.
 1462         c. An advertisement may not be an unsolicited pop-up
 1463  advertisement.
 1464         d. Opt-in marketing must include an easy and permanent opt
 1465  out feature.
 1466         (i) Online retail catalogs.Each retail MMTC medical
 1467  marijuana treatment center that dispenses marijuana and
 1468  marijuana delivery devices shall make available to the public on
 1469  its website:
 1470         1. Each marijuana and low-THC product available for
 1471  purchase, including the form, strain of marijuana from which it
 1472  was extracted, cannabidiol content, tetrahydrocannabinol
 1473  content, dose unit, total number of doses available, and the
 1474  ratio of cannabidiol to tetrahydrocannabinol for each product.
 1475         2. The price for a 30-day, 50-day, and 70-day supply at a
 1476  standard dose for each marijuana and low-THC product available
 1477  for purchase.
 1478         3. The price for each marijuana delivery device available
 1479  for purchase.
 1480         4. If applicable, any discount policies and eligibility
 1481  criteria for such discounts.
 1482         (j) Sourcing of marijuana for medical use.—MMTCs Medical
 1483  marijuana treatment centers are the sole source from which a
 1484  person qualified patient may legally obtain marijuana.
 1485         (k) Rulemaking.The department may adopt rules pursuant to
 1486  ss. 120.536(1) and 120.54 to implement this subsection.
 1487         (9) MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL;
 1488  REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.—
 1489         (a)The department shall adopt rules to administer the
 1490  registration of medical marijuana treatment center (MMTC)
 1491  principals, employees, and contractors who participate in the
 1492  operations of an MMTC. Before hiring or contracting with any
 1493  individual who is not registered with the department or who does
 1494  not possess a current MMTC employee identification card, an MMTC
 1495  must apply to the department to register that person as an MMTC
 1496  employee. The department shall adopt by rule a form for such
 1497  applications for registration, which must require the applicant
 1498  to provide all of the following:
 1499         1.His or her full legal name, social security number, date
 1500  of birth, and home address.
 1501         2.A full-face, passport-type, color photograph of the
 1502  applicant taken within the 90 days immediately preceding
 1503  submission of the application.
 1504         3.Proof that he or she has passed a level 2 background
 1505  screening pursuant to chapter 435 within the previous year.
 1506         4.An indication as to whether the applicant will be
 1507  authorized by the MMTC to possess marijuana while not on MMTC
 1508  property.
 1509         (b)Once the department has received a completed
 1510  application form from an MMTC, the department shall register the
 1511  principal, employee, or contractor associated with the MMTC and
 1512  issue him or her an MMTC employee identification card that, at a
 1513  minimum, includes all of the following:
 1514         1.The employee’s name and the name of the MMTC that
 1515  employs him or her.
 1516         2.The employee’s photograph, as required under paragraph
 1517  (a).
 1518         3. The expiration date of the card, which must be 1 year
 1519  after the date it is issued.
 1520         4.An indication of whether the employee is authorized by
 1521  the MMTC to possess marijuana while not on MMTC property.
 1522         (c)If any information provided to the department for the
 1523  registration of an MMTC principal, employee, or contractor or in
 1524  the application for an MMTC employee identification card changes
 1525  or if the registered person’s employment status with the MMTC
 1526  changes, the registered person and the MMTC must provide the
 1527  department with the new information or status within 7 days
 1528  after the change.
 1529         (d)The department may contract with one or more vendors
 1530  for the purpose of issuing MMTC employee identification cards
 1531  under this subsection.
 1532         BACKGROUND SCREENING.—An individual required to undergo a
 1533  background screening pursuant to this section must pass a level
 1534  2 background screening as provided under chapter 435, which, in
 1535  addition to the disqualifying offenses provided in s. 435.04,
 1536  shall exclude an individual who has an arrest awaiting final
 1537  disposition for, has been found guilty of, regardless of
 1538  adjudication, or has entered a plea of nolo contendere or guilty
 1539  to an offense under chapter 837, chapter 895, or chapter 896 or
 1540  similar law of another jurisdiction.
 1541         (a) Such individual must submit a full set of fingerprints
 1542  to the department or to a vendor, entity, or agency authorized
 1543  by s. 943.053(13). The department, vendor, entity, or agency
 1544  shall forward the fingerprints to the Department of Law
 1545  Enforcement for state processing, and the Department of Law
 1546  Enforcement shall forward the fingerprints to the Federal Bureau
 1547  of Investigation for national processing.
 1548         (b) Fees for state and federal fingerprint processing and
 1549  retention shall be borne by the individual. The state cost for
 1550  fingerprint processing shall be as provided in s. 943.053(3)(e)
 1551  for records provided to persons or entities other than those
 1552  specified as exceptions therein.
 1553         (c) Fingerprints submitted to the Department of Law
 1554  Enforcement pursuant to this subsection shall be retained by the
 1555  Department of Law Enforcement as provided in s. 943.05(2)(g) and
 1556  (h) and, when the Department of Law Enforcement begins
 1557  participation in the program, enrolled in the Federal Bureau of
 1558  Investigation’s national retained print arrest notification
 1559  program. Any arrest record identified shall be reported to the
 1560  department.
 1561         (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
 1562  ADMINISTRATIVE ACTIONS.—
 1563         (a) The department shall conduct announced or unannounced
 1564  inspections of medical marijuana treatment centers to determine
 1565  compliance with this section or rules adopted pursuant to this
 1566  section.
 1567         (b)The department shall inspect a medical marijuana
 1568  treatment center Upon receiving a complaint or notice that a the
 1569  medical marijuana treatment center (MMTC) has dispensed
 1570  marijuana containing mold, bacteria, or another other
 1571  contaminant that may cause or has caused an adverse effect to
 1572  human health or the environment, the department shall inspect
 1573  the MMTC, its facilities, and, as appropriate, any cultivation
 1574  or processing facility of the MMTC from which the batch of
 1575  marijuana was purchased.
 1576         (b)(c) The department shall conduct at least a biennial
 1577  inspection of each MMTC medical marijuana treatment center to
 1578  evaluate its the medical marijuana treatment center’s records,
 1579  personnel, equipment, processes, security measures, sanitation
 1580  practices, and quality assurance practices.
 1581         (c) The department shall conduct at least a biennial
 1582  inspection of each permitted facility. The department may
 1583  conduct additional announced or unannounced inspections of a
 1584  permitted facility within reasonable hours in order to ensure
 1585  compliance with this section and rules adopted hereunder.
 1586         (d) The Department of Agriculture and Consumer Services and
 1587  the department shall enter into an interagency agreement to
 1588  ensure cooperation and coordination in the performance of their
 1589  obligations under this section and their respective regulatory
 1590  and authorizing laws. The department, the Department of Highway
 1591  Safety and Motor Vehicles, and the Department of Law Enforcement
 1592  may enter into interagency agreements for the purposes specified
 1593  in this subsection or subsection (7).
 1594         (e) The department shall publish a list of all approved
 1595  MMTCs medical marijuana treatment centers, medical directors,
 1596  and qualified physicians on its website.
 1597         (f) The department may impose administrative penalties,
 1598  including reasonable fines not to exceed $10,000, on an MMTC a
 1599  medical marijuana treatment center for any of the following
 1600  violations:
 1601         1. Violating this section or department rule.
 1602         2. Failing to maintain qualifications for approval.
 1603         3. Endangering the health, safety, or security of a
 1604  qualified patient or an adult purchasing marijuana pursuant to
 1605  s. 381.990.
 1606         4. Improperly disclosing personal and confidential
 1607  information of the qualified patient.
 1608         5. Attempting to procure MMTC medical marijuana treatment
 1609  center approval by bribery, fraudulent misrepresentation, or
 1610  extortion.
 1611         6. Being convicted or found guilty of, or entering a plea
 1612  of guilty or nolo contendere to, regardless of adjudication, a
 1613  crime in any jurisdiction which directly relates to the business
 1614  of an MMTC a medical marijuana treatment center.
 1615         7. Making or filing a report or record that the MMTC
 1616  medical marijuana treatment center knows to be false.
 1617         8. Willfully failing to maintain a record required by this
 1618  section or department rule.
 1619         9. Willfully impeding or obstructing an employee or agent
 1620  of the department in the furtherance of his or her official
 1621  duties.
 1622         10. Engaging in fraud or deceit, negligence, incompetence,
 1623  or misconduct in the business practices of an MMTC a medical
 1624  marijuana treatment center.
 1625         11. Making misleading, deceptive, or fraudulent
 1626  representations in or related to the business practices of an
 1627  MMTC a medical marijuana treatment center.
 1628         12. Having a license or the authority to engage in any
 1629  regulated profession, occupation, or business that is related to
 1630  the business practices of an MMTC a medical marijuana treatment
 1631  center suspended, revoked, or otherwise acted against by the
 1632  licensing authority of any jurisdiction, including its agencies
 1633  or subdivisions, for a violation that would constitute a
 1634  violation under Florida law.
 1635         13. Violating a lawful order of the department or an agency
 1636  of the state, or failing to comply with a lawfully issued
 1637  subpoena of the department or an agency of the state.
 1638         14.Failing to adequately determine the age of a buyer who
 1639  is not a qualified patient or caregiver.
 1640         (g) The department may suspend, revoke, or refuse to renew
 1641  an MMTC’s registration, operating licenses, and any vehicle
 1642  permits or facility permits a medical marijuana treatment center
 1643  license if the MMTC medical marijuana treatment center commits
 1644  any of the violations specified in paragraph (f).
 1645         (h)The department shall refuse to renew the cultivation,
 1646  processing, retail, or transportation license of an MMTC that
 1647  has been issued such a license and has not begun to cultivate,
 1648  process, dispense, or transport marijuana, as applicable, by the
 1649  date that the MMTC is required to renew such license.
 1650         (i)(h) The department may adopt rules pursuant to ss.
 1651  120.536(1) and 120.54 to implement this subsection.
 1652         (11) PREEMPTION.—Regulation of cultivation, processing, and
 1653  delivery of marijuana by medical marijuana treatment centers
 1654  (MMTCs) is preempted to the state except as provided in this
 1655  subsection.
 1656         (a) An MMTC A medical marijuana treatment center
 1657  cultivating or processing facility may not be located within 500
 1658  feet of the real property that comprises a public or private
 1659  elementary school, middle school, or secondary school.
 1660         (b)1. A county or municipality may, by ordinance, ban MMTC
 1661  medical marijuana treatment center dispensing facilities from
 1662  being located within the boundaries of that county or
 1663  municipality. A county or municipality that does not ban
 1664  dispensing facilities under this subparagraph may not place
 1665  specific limits, by ordinance, on the number of dispensing
 1666  facilities that may locate within that county or municipality.
 1667         2. A municipality may determine by ordinance the criteria
 1668  for the location of, and other permitting requirements that do
 1669  not conflict with state law or department rule for, MMTC medical
 1670  marijuana treatment center dispensing facilities located within
 1671  the boundaries of that municipality. A county may determine by
 1672  ordinance the criteria for the location of, and other permitting
 1673  requirements that do not conflict with state law or department
 1674  rule for, all such dispensing facilities located within the
 1675  unincorporated areas of that county. Except as provided in
 1676  paragraph (c), a county or municipality may not enact ordinances
 1677  for permitting or for determining the location of dispensing
 1678  facilities which are more restrictive than its ordinances
 1679  permitting or determining the locations for pharmacies licensed
 1680  under chapter 465. A municipality or county may not charge an
 1681  MMTC a medical marijuana treatment center a license or permit
 1682  fee in an amount greater than the fee charged by such
 1683  municipality or county to pharmacies. A dispensing facility
 1684  location approved by a municipality or county pursuant to former
 1685  s. 381.986(8)(b), Florida Statutes 2016, is not subject to the
 1686  location requirements of this subsection.
 1687         (c) An MMTC A medical marijuana treatment center dispensing
 1688  facility may not be located within 500 feet of the real property
 1689  that comprises a public or private elementary school, middle
 1690  school, or secondary school unless the county or municipality
 1691  approves the location through a formal proceeding open to the
 1692  public at which the county or municipality determines that the
 1693  location promotes the public health, safety, and general welfare
 1694  of the community.
 1695         (d) This subsection does not prohibit any local
 1696  jurisdiction from ensuring that MMTC medical marijuana treatment
 1697  center facilities comply with the Florida Building Code, the
 1698  Florida Fire Prevention Code, or any local amendments to the
 1699  Florida Building Code or the Florida Fire Prevention Code.
 1700         (12) PENALTIES.—
 1701         (a) A qualified physician commits a misdemeanor of the
 1702  first degree, punishable as provided in s. 775.082 or s.
 1703  775.083, if he or she the qualified physician issues a physician
 1704  certification for the medical use of marijuana for a patient
 1705  without a reasonable belief that the patient is suffering from a
 1706  qualifying medical condition.
 1707         (b) A person who fraudulently represents that he or she has
 1708  a qualifying medical condition to a qualified physician for the
 1709  purpose of being issued a physician certification commits a
 1710  misdemeanor of the first degree, punishable as provided in s.
 1711  775.082 or s. 775.083.
 1712         (c)1. A person qualified patient who uses marijuana, not
 1713  including low-THC cannabis, or a caregiver who administers
 1714  marijuana, not including low-THC cannabis, in plain view of or
 1715  in a place open to the general public is subject to a civil fine
 1716  not exceeding $100.
 1717         2. A person who uses marijuana, not including low-THC
 1718  cannabis,; in a school bus, a moving vehicle, or an aircraft, or
 1719  a boat; or on the grounds of a school except as provided in s.
 1720  1006.062, commits a misdemeanor of the first degree, punishable
 1721  as provided in s. 775.082 or s. 775.083.
 1722         (d) A person qualified patient or caregiver who cultivates
 1723  marijuana or who purchases or acquires marijuana from any person
 1724  or entity other than a medical marijuana treatment center (MMTC)
 1725  violates s. 893.13 and is subject to the penalties provided
 1726  therein.
 1727         (e)1. A qualified patient or caregiver in possession of
 1728  marijuana or a marijuana delivery device who fails or refuses to
 1729  present his or her marijuana use registry identification card
 1730  upon the request of a law enforcement officer commits a
 1731  misdemeanor of the second degree, punishable as provided in s.
 1732  775.082 or s. 775.083, unless it can be determined through the
 1733  medical marijuana use registry that the person is authorized to
 1734  be in possession of that marijuana or marijuana delivery device.
 1735         2. A person charged with a violation of this paragraph may
 1736  not be convicted if, before or at the time of his or her court
 1737  or hearing appearance, the person produces in court or to the
 1738  clerk of the court in which the charge is pending a medical
 1739  marijuana use registry identification card issued to him or her
 1740  which is valid at the time of his or her arrest. The clerk of
 1741  the court is authorized to dismiss such case at any time before
 1742  the defendant’s appearance in court. The clerk of the court may
 1743  assess a fee of $5 for dismissing the case under this paragraph.
 1744         (e)(f) A caregiver who violates any of the applicable
 1745  provisions of this section or applicable department rules, for
 1746  the first offense, commits a misdemeanor of the second degree,
 1747  punishable as provided in s. 775.082 or s. 775.083 and, for a
 1748  second or subsequent offense, commits a misdemeanor of the first
 1749  degree, punishable as provided in s. 775.082 or s. 775.083.
 1750         (f)(g) A qualified physician who issues a physician
 1751  certification for marijuana or a marijuana delivery device and
 1752  receives compensation from an MMTC a medical marijuana treatment
 1753  center related to the issuance of a physician certification for
 1754  marijuana or a marijuana delivery device is subject to
 1755  disciplinary action under the applicable practice act and s.
 1756  456.072(1)(n).
 1757         (g)(h) A person transporting marijuana or marijuana
 1758  delivery devices on behalf of an MMTC a medical marijuana
 1759  treatment center or marijuana testing laboratory who fails or
 1760  refuses to present a transportation manifest, whether in paper
 1761  or electronic format, upon the request of a law enforcement
 1762  officer commits a misdemeanor of the second degree, punishable
 1763  as provided in s. 775.082 or s. 775.083.
 1764         (h)(i) Persons and entities conducting activities
 1765  authorized and governed by this section and s. 381.988 are
 1766  subject to ss. 456.053, 456.054, and 817.505, as applicable.
 1767         (i)(j) A person or entity that cultivates, processes,
 1768  distributes, sells, or dispenses marijuana, as defined in s.
 1769  29(b)(4), Art. X of the State Constitution, and is not licensed
 1770  as an MMTC a medical marijuana treatment center violates s.
 1771  893.13 and is subject to the penalties provided therein. This
 1772  paragraph does not apply to a transfer of marijuana products or
 1773  marijuana which is authorized by this section, s. 381.990, or s.
 1774  893.13.
 1775         (j)(k) A person who manufactures, distributes, sells,
 1776  gives, or possesses with the intent to manufacture, distribute,
 1777  sell, or give marijuana or a marijuana delivery device that he
 1778  or she holds out to have originated from a licensed MMTC medical
 1779  marijuana treatment center but that is counterfeit commits a
 1780  felony of the third degree, punishable as provided in s.
 1781  775.082, s. 775.083, or s. 775.084. For the purposes of this
 1782  paragraph, the term “counterfeit” means marijuana; a marijuana
 1783  delivery device; or a marijuana or marijuana delivery device
 1784  container, seal, or label which, without authorization, bears
 1785  the trademark, trade name, or other identifying mark, imprint,
 1786  or device, or any likeness thereof, of a licensed MMTC medical
 1787  marijuana treatment center and which thereby falsely purports or
 1788  is represented to be the product of, or to have been distributed
 1789  by, that licensed MMTC medical marijuana treatment facility.
 1790         (k)(l) Any person who possesses or manufactures a blank,
 1791  forged, stolen, fictitious, fraudulent, counterfeit, or
 1792  otherwise unlawfully issued medical marijuana use registry
 1793  identification card commits a felony of the third degree,
 1794  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1795         (14) EXCEPTIONS TO OTHER LAWS.—
 1796         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1797  any other provision of law, but subject to the requirements of
 1798  this section, a qualified patient and the qualified patient’s
 1799  caregiver may purchase from a medical marijuana treatment center
 1800  (MMTC) for the patient’s medical use a marijuana delivery device
 1801  and up to the amount of marijuana authorized in the physician
 1802  certification, but may not possess more than a 70-day supply of
 1803  marijuana, or the greater of 4 ounces of marijuana in a form for
 1804  smoking or an amount of marijuana in a form for smoking approved
 1805  by the department pursuant to paragraph (4)(f), at any given
 1806  time and all marijuana purchased must remain in its original
 1807  packaging.
 1808         (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
 1809  s. 893.147, or any other provision of law, a qualified patient
 1810  and the qualified patient’s caregiver may purchase and possess a
 1811  marijuana delivery device intended for the medical use of
 1812  marijuana by smoking from a vendor other than an MMTC a medical
 1813  marijuana treatment center.
 1814         (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
 1815  any other provision of law, but subject to the requirements of
 1816  this section, an approved MMTC medical marijuana treatment
 1817  center and its owners, managers, and employees may manufacture,
 1818  possess, sell, deliver, distribute, dispense, and lawfully
 1819  dispose of marijuana or a marijuana delivery device as provided
 1820  in this section, s. 381.988, s. 381.990, and by department rule.
 1821  For the purposes of this subsection, the terms “manufacture,”
 1822  “possession,” “deliver,” “distribute,” and “dispense” have the
 1823  same meanings as provided in s. 893.02.
 1824         (e) A licensed MMTC medical marijuana treatment center and
 1825  its owners, managers, and employees are not subject to licensure
 1826  or regulation under chapter 465 or chapter 499 for
 1827  manufacturing, possessing, selling, delivering, distributing,
 1828  dispensing, or lawfully disposing of marijuana or a marijuana
 1829  delivery device, as provided in this section, in s. 381.988, and
 1830  by department rule.
 1831         (17) Rules adopted pursuant to this section before July 1,
 1832  2020, are not subject to ss. 120.54(3)(b) and 120.541.
 1833  Notwithstanding paragraph (8)(e), a medical marijuana treatment
 1834  center may use a laboratory that has not been certified by the
 1835  department under s. 381.988 until such time as at least one
 1836  laboratory holds the required certification pursuant to s.
 1837  381.988, but in no event later than July 1, 2020. This
 1838  subsection expires July 1, 2020.
 1839         Section 3. Section 381.990, Florida Statutes, is created to
 1840  read:
 1841         381.990Adult use of marijuana.—
 1842         (1)A person 21 years of age or older may purchase
 1843  marijuana products containing up to 2,000 milligrams of
 1844  tetrahydrocannabinol; up to 2.5 ounces of marijuana in a form
 1845  for smoking; and one or more marijuana delivery devices, as
 1846  defined in s. 381.986, provided that such marijuana products,
 1847  marijuana, and marijuana delivery devices are purchased from a
 1848  medical marijuana treatment center (MMTC) that is licensed by
 1849  the department pursuant to s. 381.986 for the retail sale of
 1850  marijuana and is registered by the Department of Business and
 1851  Professional Regulation for the sale of marijuana for adult use.
 1852  A violation of this subsection is punishable as provided in s.
 1853  893.13.
 1854         (2)A person who purchases marijuana products, marijuana in
 1855  a form for smoking, or marijuana delivery devices in accordance
 1856  with subsection (1) may possess, use, transport, and transfer,
 1857  without consideration, to a person 21 years of age or older such
 1858  products or devices. However, a person may not possess at any
 1859  given time marijuana products that contain, in total, more than
 1860  2,000 milligrams of tetrahydrocannabinol or more than 4.0 ounces
 1861  of marijuana in a form for smoking. A violation of this
 1862  subsection is punishable as provided in s. 893.13.
 1863         (3)This section does not limit the ability of a private
 1864  property owner to restrict the smoking or vaping of marijuana on
 1865  his or her private property; however, a landlord may not prevent
 1866  his or her tenants from possessing or using marijuana by other
 1867  means.
 1868         (4)This section does not exempt a person from prosecution
 1869  for a criminal offense related to impairment or intoxication
 1870  resulting from the use of marijuana or relieve a person from any
 1871  requirement under law to submit to a breath, blood, urine, or
 1872  other test to detect the presence of a controlled substance.
 1873         Section 4. Effective July 1, 2020, the Department of
 1874  Agriculture and Consumer Services shall conduct a study on the
 1875  potential harms and benefits of allowing the cultivation of
 1876  marijuana by members of the public for private use, including
 1877  the use of a cooperative model. The department shall report the
 1878  results of the study to the Governor, the President of the
 1879  Senate, and the Speaker of the House of Representatives by
 1880  January 1, 2021.
 1881         Section 5. Subsection (3) and paragraphs (a) and (b) of
 1882  subsection (6) of section 893.13, Florida Statutes, are amended
 1883  to read:
 1884         893.13 Prohibited acts; penalties.—
 1885         (3)(a) A person 21 years of age or older may deliver,
 1886  without consideration, to another person 21 years of age or
 1887  older:
 1888         1. Marijuana products that contain a total of 2,000
 1889  milligrams or less of tetrahydrocannabinol; and
 1890         2.A quantity of 2.5 ounces or less of cannabis, as defined
 1891  in this chapter.
 1892         (b)A person younger than 21 years of age who delivers,
 1893  without consideration, to another person marijuana products that
 1894  contain a total of 2,000 milligrams or less of
 1895  tetrahydrocannabinol or a quantity of 2.5 ounces or less of
 1896  cannabis, as defined in this chapter, commits a misdemeanor of
 1897  the second degree, punishable as provided in s. 775.082 or s.
 1898  775.083, for a first conviction of a violation of this paragraph
 1899  and commits a misdemeanor of the first degree, punishable as
 1900  provided in s. 775.082 or s. 775.083, for a second or subsequent
 1901  conviction of a violation of this paragraph who delivers,
 1902  without consideration, 20 grams or less of cannabis, as defined
 1903  in this chapter, commits a misdemeanor of the first degree,
 1904  punishable as provided in s. 775.082 or s. 775.083. As used in
 1905  this subsection, the term “cannabis” does not include the resin
 1906  extracted from the plants of the genus Cannabis or any compound
 1907  manufacture, salt, derivative, mixture, or preparation of such
 1908  resin.
 1909         (6)(a) Except as otherwise provided in this subsection, a
 1910  person may not be in actual or constructive possession of a
 1911  controlled substance unless such controlled substance was
 1912  lawfully obtained from a practitioner or pursuant to a valid
 1913  prescription or order of a practitioner while acting in the
 1914  course of his or her professional practice or to be in actual or
 1915  constructive possession of a controlled substance except as
 1916  otherwise authorized by this chapter. A person who violates this
 1917  provision commits a felony of the third degree, punishable as
 1918  provided in s. 775.082, s. 775.083, or s. 775.084.
 1919         (b)1.A person 21 years of age or older may possess
 1920  marijuana products that contain a total of 2,000 milligrams or
 1921  less of tetrahydrocannabinol and may possess 4.0 ounces or less
 1922  of cannabis, as defined in this chapter If the offense is the
 1923  possession of 20 grams or less of cannabis, as defined in this
 1924  chapter, the person commits a misdemeanor of the first degree,
 1925  punishable as provided in s. 775.082 or s. 775.083. As used in
 1926  this subsection, the term “cannabis” does not include the resin
 1927  extracted from the plants of the genus Cannabis, or any compound
 1928  manufacture, salt, derivative, mixture, or preparation of such
 1929  resin.
 1930         2.A person under 21 years of age who possesses marijuana
 1931  products that contain a total of 2,000 milligrams or less of
 1932  tetrahydrocannabinol or who possesses 4 ounces or less of
 1933  cannabis, as defined in this chapter, commits a misdemeanor of
 1934  the second degree, punishable as provided in s. 775.082 or s.
 1935  775.083, for a first conviction of a violation of this
 1936  paragraph, and a misdemeanor of the first degree, punishable as
 1937  provided in s. 775.082 or s. 775.083, for a second or subsequent
 1938  conviction of a violation of this paragraph.
 1939         Section 6. Section 893.1352, Florida Statutes, is created
 1940  to read:
 1941         893.1352 Retroactive application of s. 893.13.
 1942         (1) It is the intent of the Legislature to retroactively
 1943  apply amendments to s. 893.13 to certain persons who were
 1944  convicted of possession of cannabis, before January 1, 2021.
 1945         (2) As used in this section, a reference to former s.
 1946  893.13, Florida Statutes 2020,” is a reference to s. 893.13 as
 1947  it existed at any time before January 1, 2021.
 1948         (3)(a) A person who was convicted of a violation of former
 1949  s. 893.13, Florida Statutes 2020, by possessing 4 ounces or less
 1950  of cannabis as defined in chapter 893, but was not sentenced
 1951  under that section before January 1, 2021, must be sentenced in
 1952  accordance with s. 775.082, s. 775.083, or s. 775.084, for the
 1953  degree of offense as provided for in s. 893.13.
 1954         (b) A person who was convicted of a violation of former s.
 1955  893.13, Florida Statutes 2020, by possessing 4 ounces or less of
 1956  cannabis as defined in chapter 893, was sentenced before January
 1957  1, 2021, to a term of imprisonment or probation pursuant to
 1958  former s. 893.13, Florida Statutes 2020, and who is serving the
 1959  term of imprisonment or probation on or after January 1, 2021,
 1960  must have an opportunity for a sentence review hearing. If the
 1961  person requests a sentence review hearing, he or she must be
 1962  resentenced in accordance with paragraph (c).
 1963         (c) Resentencing under this section must occur in the
 1964  following manner:
 1965         1. The Department of Corrections shall notify the person
 1966  described in paragraph (b) of his or her eligibility to request
 1967  a sentence review hearing.
 1968         2. A person seeking sentence review under this section may
 1969  submit an application to the court of original jurisdiction
 1970  requesting that a sentence review hearing be held. The
 1971  sentencing court retains original jurisdiction for the duration
 1972  of the sentence for the purpose of this review.
 1973         3.A person who is eligible for a sentence review hearing
 1974  under this section is entitled to representation by legal
 1975  counsel. If the person is indigent and unable to employ counsel,
 1976  the court shall appoint counsel under s. 27.52. Determination of
 1977  indigence and costs of representation is as provided in ss.
 1978  27.52 and 938.29.
 1979         4. Upon receipt of a request for a sentence review hearing,
 1980  the court of original jurisdiction shall hold such a hearing to
 1981  determine if the person meets the criteria for resentencing
 1982  under this section. If the court determines by a preponderance
 1983  of the evidence that the person is currently serving a sentence
 1984  for a violation of former s. 893.13, Florida Statutes 2020, and
 1985  that the violation was for possession of cannabis in the amount
 1986  of 4 ounces or less, the court shall resentence the person in
 1987  accordance with this section. If the court determines that the
 1988  person does not meet the criteria for resentencing under this
 1989  section, the court must provide written findings as to why the
 1990  person does not meet the criteria.
 1991         5. If the court finds that the underlying facts of the
 1992  person’s conviction that is subject to resentencing are
 1993  classified as a crime under s. 893.13, the person must be
 1994  resentenced to a term that would not exceed the maximum sentence
 1995  provided by that section. The person is entitled to receive
 1996  credit for his or her time served.
 1997         6. If the court finds that the underlying facts of the
 1998  person’s conviction that is subject to resentencing are not
 1999  classified as a crime under s. 893.13, the person must be
 2000  resentenced to time served and released from supervision as soon
 2001  as reasonably possible.
 2002         (4)Notwithstanding any other law, a person who has been
 2003  convicted of a crime under former s. 893.13, Florida Statutes
 2004  2020, and whose offense would not be classified as a crime under
 2005  s. 893.13, must have all fines, fees, and costs related to such
 2006  conviction waived.
 2007         Section 7. Present subsections (5), (6), and (7) of section
 2008  893.147, Florida Statutes, are redesignated as subsections (6),
 2009  (7), and (8), respectively, a new subsection (5) is added to
 2010  that section, and subsections (1), (2), and (4) of that section
 2011  are amended, to read:
 2012         893.147 Use, possession, manufacture, delivery,
 2013  transportation, advertisement, or retail sale of drug
 2014  paraphernalia, specified machines, and materials.—
 2015         (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as
 2016  provided in subsection (5), it is unlawful for any person to
 2017  use, or to possess with intent to use, drug paraphernalia:
 2018         (a) To plant, propagate, cultivate, grow, harvest,
 2019  manufacture, compound, convert, produce, process, prepare, test,
 2020  analyze, pack, repack, store, contain, or conceal a controlled
 2021  substance in violation of this chapter; or
 2022         (b) To inject, ingest, inhale, or otherwise introduce into
 2023  the human body a controlled substance in violation of this
 2024  chapter.
 2025  
 2026  Any person who violates this subsection is guilty of a
 2027  misdemeanor of the first degree, punishable as provided in s.
 2028  775.082 or s. 775.083.
 2029         (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except
 2030  as provided in subsection (5), it is unlawful for any person to
 2031  deliver, possess with intent to deliver, or manufacture with
 2032  intent to deliver drug paraphernalia, knowing, or under
 2033  circumstances where one reasonably should know, that it will be
 2034  used:
 2035         (a) To plant, propagate, cultivate, grow, harvest,
 2036  manufacture, compound, convert, produce, process, prepare, test,
 2037  analyze, pack, repack, store, contain, or conceal a controlled
 2038  substance in violation of this act; or
 2039         (b) To inject, ingest, inhale, or otherwise introduce into
 2040  the human body a controlled substance in violation of this act.
 2041  
 2042  Any person who violates this subsection is guilty of a felony of
 2043  the third degree, punishable as provided in s. 775.082, s.
 2044  775.083, or s. 775.084.
 2045         (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as
 2046  provided in subsection (5), it is unlawful to use, possess with
 2047  the intent to use, or manufacture with the intent to use drug
 2048  paraphernalia, knowing or under circumstances in which one
 2049  reasonably should know that it will be used to transport:
 2050         (a) A controlled substance in violation of this chapter; or
 2051         (b) Contraband as defined in s. 932.701(2)(a)1.
 2052  
 2053  Any person who violates this subsection commits a felony of the
 2054  third degree, punishable as provided in s. 775.082, s. 775.083,
 2055  or s. 775.084.
 2056         (5)ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.—
 2057         (a) A person 21 years of age or older may possess, use,
 2058  transport, or deliver, without consideration, to a person 21
 2059  years of age or older a marijuana delivery device, as defined in
 2060  s. 381.986.
 2061         (b) A person younger than 21 years of age who possesses,
 2062  uses, transports, or delivers, without consideration, to a
 2063  person 21 years of age or older a marijuana delivery device, as
 2064  defined in s. 381.986, commits a misdemeanor of the second
 2065  degree, punishable as provided in s. 775.082 or s. 775.083 for a
 2066  first conviction of a violation of this paragraph, and a
 2067  misdemeanor of the first degree, punishable as provided in s.
 2068  775.082 or s. 775.083, for a second or subsequent conviction of
 2069  a violation of this paragraph.
 2070         Section 8. Section 943.0586, Florida Statutes, is created
 2071  to read:
 2072         943.0586 Cannabis expunction.—
 2073         (1)DEFINITIONS.—As used in this section, the term:
 2074         (a) “Cannabis” has the same meaning as provided in chapter
 2075  893.
 2076         (b) “Expunction” has the same meaning and effect as
 2077  provided in s. 943.0585.
 2078         (c) “Former s. 893.13, Florida Statutes 2020,” is a
 2079  reference to s. 893.13 as it existed at any time before January
 2080  1, 2021.
 2081         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 2082  eligible to petition a court to expunge a criminal history
 2083  record for the conviction of former s. 893.13, Florida Statutes
 2084  2020, if:
 2085         (a)The person received a withhold of adjudication or
 2086  adjudication of guilt for a violation of former 893.13, Florida
 2087  Statutes 2020, for the possession of cannabis;
 2088         (b)The person possessed 4 ounces or less of cannabis; and
 2089         (c)The person is no longer under court supervision related
 2090  to the disposition of arrest or alleged criminal activity for
 2091  which the petition to expunge pertains.
 2092         (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 2093  to expunge a criminal history record under this section, a
 2094  person seeking to expunge a criminal history record must apply
 2095  to the department for a certificate of eligibility for
 2096  expunction. The department shall adopt rules to establish
 2097  procedures for applying for and issuing a certificate of
 2098  eligibility for expunction.
 2099         (a) The department shall issue a certificate of eligibility
 2100  for expunction to a person who is the subject of a criminal
 2101  history record under this section, if that person:
 2102         1. Satisfies the eligibility criteria in subsection (2);
 2103         2. Has submitted to the department a written certified
 2104  statement from the appropriate state attorney or statewide
 2105  prosecutor which confirms the criminal history record complies
 2106  with the criteria in subsection (2);
 2107         3. Has submitted to the department a certified copy of the
 2108  disposition of the charge to which the petition to expunge
 2109  pertains; and
 2110         4. Remits a $75 processing fee to the department for
 2111  placement in the Department of Law Enforcement Operating Trust
 2112  Fund, unless the executive director waives such fee.
 2113         (b) A certificate of eligibility for expunction is valid
 2114  for 12 months after the date of issuance stamped by the
 2115  department on the certificate. After that time, the petitioner
 2116  must reapply to the department for a new certificate of
 2117  eligibility. The petitioner’s status and the law in effect at
 2118  the time of the renewal application determine the petitioner’s
 2119  eligibility.
 2120         (4) PETITION.—Each petition to expunge a criminal history
 2121  record must be accompanied by:
 2122         (a) A valid certificate of eligibility issued by the
 2123  department.
 2124         (b) The petitioner’s sworn statement that he or she:
 2125         1. Satisfies the eligibility requirements for expunction in
 2126  subsection (2); and
 2127         2. Is eligible for expunction to the best of his or her
 2128  knowledge.
 2129         (5) PENALTIES.—A person who knowingly provides false
 2130  information on such sworn statement commits a felony of the
 2131  third degree, punishable as provided in s. 775.082, s. 775.083,
 2132  or s. 775.084.
 2133         (6) COURT AUTHORITY.—
 2134         (a)The courts of this state have jurisdiction over their
 2135  own procedures, including the maintenance, expunction, and
 2136  correction of judicial records containing criminal history
 2137  information to the extent that such procedures are not
 2138  inconsistent with the conditions, responsibilities, and duties
 2139  established by this section.
 2140         (b) A court of competent jurisdiction shall order a
 2141  criminal justice agency to expunge the criminal history record
 2142  of a person who complies with this section. The court may not
 2143  order a criminal justice agency to expunge a criminal history
 2144  record under this section until the person seeking to expunge a
 2145  criminal history record has applied for and received a
 2146  certificate of eligibility under subsection (3).
 2147         (c)Expunction granted under this section does not prevent
 2148  the person who receives such relief from petitioning for the
 2149  expunction or sealing of a later criminal history record as
 2150  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 2151  person is otherwise eligible under those sections.
 2152         (7) PROCESSING OF A PETITION OR AN ORDER.—
 2153         (a) In judicial proceedings under this section, a copy of
 2154  the completed petition to expunge shall be served upon the
 2155  appropriate state attorney or the statewide prosecutor and upon
 2156  the arresting agency; however, it is not necessary to make any
 2157  agency other than the state a party. The appropriate state
 2158  attorney or the statewide prosecutor and the arresting agency
 2159  may respond to the court regarding the completed petition to
 2160  expunge.
 2161         (b)If relief is granted by the court, the clerk of the
 2162  court shall certify copies of the order to the appropriate state
 2163  attorney or the statewide prosecutor and the arresting agency.
 2164  The arresting agency shall forward the order to any other agency
 2165  to which the arresting agency disseminated the criminal history
 2166  record information to which the order pertains. The department
 2167  shall forward the order to expunge to the Federal Bureau of
 2168  Investigation. The clerk of the court shall certify a copy of
 2169  the order to any other agency which the records of the court
 2170  reflect has received the criminal history record from the court.
 2171         (c)The department or any other criminal justice agency is
 2172  not required to act on an order to expunge entered by a court if
 2173  such order does not comply with the requirements of this
 2174  section. Upon receipt of such an order, the department shall
 2175  notify the issuing court, the appropriate state attorney or
 2176  statewide prosecutor, the petitioner or the petitioner’s
 2177  attorney, and the arresting agency of the reason for
 2178  noncompliance. The appropriate state attorney or statewide
 2179  prosecutor shall take action within 60 days to correct the
 2180  record and petition the court to void the order. No cause of
 2181  action, including contempt of court, may arise against any
 2182  criminal justice agency for failure to comply with an order to
 2183  expunge if the petitioner for such order failed to obtain the
 2184  certificate of eligibility as required by this section or such
 2185  order does not otherwise comply with the requirements of this
 2186  section.
 2187         (8) EFFECT OF CANNABIS EXPUNCTION ORDER.—
 2188         (a)The person who is the subject of a criminal history
 2189  record that is expunged under this section may lawfully deny or
 2190  fail to acknowledge the arrests and convictions covered by the
 2191  expunged record, except if the person who is the subject of the
 2192  record:
 2193         1. Is a candidate for employment with a criminal justice
 2194  agency;
 2195         2. Is a defendant in a criminal prosecution;
 2196         3. Concurrently or subsequently petitions for relief under
 2197  this section, s. 943.0583, s. 943.059, or s. 943.0585;
 2198         4. Is a candidate for admission to The Florida Bar;
 2199         5. Is seeking to be employed or licensed by or to contract
 2200  with the Department of Children and Families, the Division of
 2201  Vocational Rehabilitation within the Department of Education,
 2202  the Agency for Health Care Administration, the Agency for
 2203  Persons with Disabilities, the Department of Health, the
 2204  Department of Elderly Affairs, or the Department of Juvenile
 2205  Justice or to be employed or used by such contractor or licensee
 2206  in a sensitive position having direct contact with children,
 2207  persons with disabilities, or the elderly;
 2208         6. Is seeking to be employed or licensed by the Department
 2209  of Education, any district school board, any university
 2210  laboratory school, any charter school, any private or parochial
 2211  school, or any local governmental entity that licenses child
 2212  care facilities;
 2213         7. Is seeking to be licensed by the Division of Insurance
 2214  Agent and Agency Services within the Department of Financial
 2215  Services; or
 2216         8. Is seeking to be appointed as a guardian pursuant to s.
 2217  744.3125.
 2218         (b)A person who has been granted an expunction under this
 2219  section and who is authorized under paragraph (a) to lawfully
 2220  deny or fail to acknowledge the arrests and convictions covered
 2221  by an expunged record may not be held under any law of this
 2222  state to commit perjury or to be otherwise liable for giving a
 2223  false statement by reason of such person’s failure to recite or
 2224  acknowledge an expunged criminal history record.
 2225         Section 9. Section 893.15, Florida Statutes, is amended to
 2226  read:
 2227         893.15 Rehabilitation.—Any person who violates s.
 2228  893.13(6)(a) or (b) relating to possession may, in the
 2229  discretion of the trial judge, be required to participate in a
 2230  substance abuse services program approved or regulated by the
 2231  Department of Children and Families pursuant to the provisions
 2232  of chapter 397, provided the director of such program approves
 2233  the placement of the defendant in such program. Such required
 2234  participation shall be imposed in addition to any penalty or
 2235  probation otherwise prescribed by law. However, the total time
 2236  of such penalty, probation, and program participation shall not
 2237  exceed the maximum length of sentence possible for the offense.
 2238         Section 10. Except as otherwise expressly provided in this
 2239  act and except for this section, which shall take effect upon
 2240  becoming a law, this act shall take effect January 1, 2021.