Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for CS for SB 230 Ì3412940Î341294 LEGISLATIVE ACTION Senate . House Comm: WD . 03/03/2020 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Brandes) recommended the following: 1 Senate Amendment to Substitute Amendment (309044) (with 2 title amendment) 3 4 Between lines 121 and 122 5 insert: 6 381.986 Medical use of marijuana.— 7 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 8 (b) An applicant for licensure as a medical marijuana 9 treatment center shall apply to the department on a form 10 prescribed by the department and adopted in rule. The department 11 shall adopt rules pursuant to ss. 120.536(1) and 120.54 12 establishing a procedure for the issuance and biennial renewal 13 of licenses, including initial application and biennial renewal 14 fees sufficient to cover the costs of implementing and 15 administering this section, and establishing supplemental 16 licensure fees for payment beginning May 1, 2018, sufficient to 17 cover the costs of administering ss. 381.989 and 1004.4351. The 18 department shall refuse to renew the license of a medical 19 marijuana treatment center that has not begun to cultivate, 20 process, and dispense marijuana by the date that the medical 21 marijuana treatment center is required to renew its license. The 22 department shall identify applicants with strong diversity plans 23 reflecting this state’s commitment to diversity and implement 24 training programs and other educational programs to enable 25 minority persons and minority business enterprises, as defined 26 in s. 288.703, and veteran business enterprises, as defined in 27 s. 295.187, to compete for medical marijuana treatment center 28 licensure and contracts. Subject to the requirements in 29 subparagraphs (a)2.-4., the department shall issue a license to 30 an applicant if the applicant meets the requirements of this 31 section and pays the initial application fee. The department 32 shall renew the licensure of a medical marijuana treatment 33 center biennially if the licensee meets the requirements of this 34 section and pays the biennial renewal fee. An individual may not 35 be an applicant, owner, officer, board member, or manager on 36 more than one application for licensure as a medical marijuana 37 treatment center. An individual or entity may not be awarded 38 more than one license as a medical marijuana treatment center. 39 An applicant for licensure as a medical marijuana treatment 40 center must demonstrate: 41 1. That, for the 5 consecutive years before submitting the 42 application, the applicant has been registered to do business in 43 the state. 44 2. Possession of a valid certificate of registration issued 45 by the Department of Agriculture and Consumer Services pursuant 46 to s. 581.131. 47 3. The technical and technological ability to cultivate and 48 produce marijuana, including, but not limited to, low-THC 49 cannabis. 50 4. The ability to secure the premises, resources, and 51 personnel necessary to operate as a medical marijuana treatment 52 center. 53 5. The ability to maintain accountability of all raw 54 materials, finished products, and any byproducts to prevent 55 diversion or unlawful access to or possession of these 56 substances. 57 6. An infrastructure reasonably located to dispense 58 marijuana to registered qualified patients statewide or 59 regionally as determined by the department. 60 7. The financial ability to maintain operations for the 61 duration of the 2-year approval cycle, including the provision 62 of certified financial statements to the department. 63 a. Upon approval, the applicant must post a $5 million 64 performance bond issued by an authorized surety insurance 65 company rated in one of the three highest rating categories by a 66 nationally recognized rating service. However, a medical 67 marijuana treatment center serving at least 1,000 qualified 68 patients is only required to maintain a $2 million performance 69 bond. 70 b. In lieu of the performance bond required under sub 71 subparagraph a., the applicant may provide an irrevocable letter 72 of credit payable to the department or provide cash to the 73 department. If provided with cash under this sub-subparagraph, 74 the department shall deposit the cash in the Grants and 75 Donations Trust Fund within the Department of Health, subject to 76 the same conditions as the bond regarding requirements for the 77 applicant to forfeit ownership of the funds. If the funds 78 deposited under this sub-subparagraph generate interest, the 79 amount of that interest shall be used by the department for the 80 administration of this section. 81 8. That all owners, officers, board members, and managers 82 have passed a background screening pursuant to subsection (9). 83 9. The employment of a medical director to supervise the 84 activities of the medical marijuana treatment center. 85 10. A diversity plan that promotes and ensures the 86 involvement of minority persons and minority business 87 enterprises, as defined in s. 288.703, or veteran business 88 enterprises, as defined in s. 295.187, in ownership, management, 89 and employment. An applicant for licensure renewal must show the 90 effectiveness of the diversity plan by including the following 91 with his or her application for renewal: 92 a. Representation of minority persons and veterans in the 93 medical marijuana treatment center’s workforce; 94 b. Efforts to recruit minority persons and veterans for 95 employment; and 96 c. A record of contracts for services with minority 97 business enterprises and veteran business enterprises. 98 99 ================= T I T L E A M E N D M E N T ================ 100 And the title is amended as follows: 101 Delete line 467 102 and insert: 103 specified amount; providing exceptions; requiring the 104 Department of Health to refuse to renew a medical 105 marijuana treatment center’s license under certain 106 circumstances; revising a