Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 230
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Rules (Brandes) recommended the following:
    1         Senate Amendment to Substitute Amendment (309044) (with
    2  title amendment)
    4         Between lines 121 and 122
    5  insert:
    6         381.986 Medical use of marijuana.—
    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.
   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