Florida Senate - 2020                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 713, 2nd Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    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.—
    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.
  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,