Florida Senate - 2020 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 713, 2nd Eng. Ì183748OÎ183748 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 03/13/2020 11:49 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Brandes moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 413 - 997 4 and insert: 5 Section 5. Paragraph (b) of subsection (8) of section 6 381.986, Florida Statutes, is amended to read: 7 381.986 Medical use of marijuana.— 8 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 9 (b) An applicant for licensure as a medical marijuana 10 treatment center shall apply to the department on a form 11 prescribed by the department and adopted in rule. The department 12 shall adopt rules pursuant to ss. 120.536(1) and 120.54 13 establishing a procedure for the issuance and biennial renewal 14 of licenses, including initial application and biennial renewal 15 fees sufficient to cover the costs of implementing and 16 administering this section, and establishing supplemental 17 licensure fees for payment beginning May 1, 2018, sufficient to 18 cover the costs of administering ss. 381.989 and 1004.4351. The 19 department shall refuse to renew the license of a medical 20 marijuana treatment center that has not begun to cultivate, 21 process, and dispense marijuana by the date that the medical 22 marijuana treatment center is required to renew its license. The 23 department shall identify applicants with strong diversity plans 24 reflecting this state’s commitment to diversity and implement 25 training programs and other educational programs to enable 26 minority persons and minority business enterprises, as defined 27 in s. 288.703, and veteran business enterprises, as defined in 28 s. 295.187, to compete for medical marijuana treatment center 29 licensure and contracts. Subject to the requirements in 30 subparagraphs (a)2.-4., the department shall issue a license to 31 an applicant if the applicant meets the requirements of this 32 section and pays the initial application fee. The department 33 shall renew the licensure of a medical marijuana treatment 34 center biennially if the licensee meets the requirements of this 35 section and pays the biennial renewal fee. An individual may not 36 be an applicant, owner, officer, board member, or manager on 37 more than one application for licensure as a medical marijuana 38 treatment center. An individual or entity may not be awarded 39 more than one license as a medical marijuana treatment center. 40 An applicant for licensure as a medical marijuana treatment 41 center must demonstrate: 42 1. That, for the 5 consecutive years before submitting the 43 application, the applicant has been registered to do business in 44 the state. 45 2. Possession of a valid certificate of registration issued 46 by the Department of Agriculture and Consumer Services pursuant 47 to s. 581.131. 48 3. The technical and technological ability to cultivate and 49 produce marijuana, including, but not limited to, low-THC 50 cannabis. 51 4. The ability to secure the premises, resources, and 52 personnel necessary to operate as a medical marijuana treatment 53 center. 54 5. The ability to maintain accountability of all raw 55 materials, finished products, and any byproducts to prevent 56 diversion or unlawful access to or possession of these 57 substances. 58 6. An infrastructure reasonably located to dispense 59 marijuana to registered qualified patients statewide or 60 regionally as determined by the department. 61 7. The financial ability to maintain operations for the 62 duration of the 2-year approval cycle, including the provision 63 of certified financial statements to the department. 64 a. Upon approval, the applicant must post a $5 million 65 performance bond issued by an authorized surety insurance 66 company rated in one of the three highest rating categories by a 67 nationally recognized rating service. However, a medical 68 marijuana treatment center serving at least 1,000 qualified 69 patients is only required to maintain a $2 million performance 70 bond. 71 b. In lieu of the performance bond required under sub 72 subparagraph a., the applicant may provide an irrevocable letter 73 of credit payable to the department or provide cash to the 74 department. If provided with cash under this sub-subparagraph, 75 the department shall deposit the cash in the Grants and 76 Donations Trust Fund within the Department of Health, subject to 77 the same conditions as the bond regarding requirements for the 78 applicant to forfeit ownership of the funds. If the funds 79 deposited under this sub-subparagraph generate interest, the 80 amount of that interest shall be used by the department for the 81 administration of this section. 82 8. That all owners, officers, board members, and managers 83 have passed a background screening pursuant to subsection (9). 84 9. The employment of a medical director to supervise the 85 activities of the medical marijuana treatment center. 86 10. A diversity plan that promotes and ensures the 87 involvement of minority persons and minority business 88 enterprises, as defined in s. 288.703, or veteran business 89 enterprises, as defined in s. 295.187, in ownership, management, 90 and employment. An applicant for licensure renewal must show the 91 effectiveness of the diversity plan by including the following 92 with his or her application for renewal: 93 a. Representation of minority persons and veterans in the 94 medical marijuana treatment center’s workforce; 95 b. Efforts to recruit minority persons and veterans for 96 employment; and 97 c. A record of contracts for services with minority 98 business enterprises and veteran business enterprises. 99 100 ================= T I T L E A M E N D M E N T ================ 101 And the title is amended as follows: 102 Delete lines 20 - 49 103 and insert: 104 Centers Program; amending s. 381.986, F.S.; requiring 105 the department to refuse to renew a medical marijuana 106 treatment center’s license under certain 107 circumstances; amending s. 401.35,