Florida Senate - 2022 SB 1268
By Senator Gruters
23-01424-22 20221268__
1 A bill to be entitled
2 An act relating to cannabis regulation; amending s.
3 381.986, F.S.; revising the course and examination
4 requirements for qualified physicians and medical
5 directors; prohibiting qualified physicians from
6 engaging in certain advertising for their practices
7 relating to marijuana for medical use; providing
8 exceptions; authorizing qualified physicians to use
9 telehealth to perform patient examinations for
10 renewals of physician certifications for the medical
11 use of marijuana under certain circumstances;
12 requiring qualified physicians to conduct an initial
13 physical examination in person for certain existing
14 qualified patients before using telehealth to conduct
15 any examinations; revising the frequency with which
16 qualified physicians must evaluate existing qualified
17 patients for a physician certification for the medical
18 use of marijuana; revising the membership of the
19 physician certification pattern review panel; revising
20 the data that the panel is required to track and
21 report; revising the frequency with which medical
22 marijuana use registry identification cards must be
23 renewed; prohibiting the Department of Health from
24 renewing the license of a medical marijuana treatment
25 center under certain circumstances; prohibiting
26 medical marijuana treatment centers and certain
27 individuals and entities from employing qualified
28 physicians or having direct or indirect economic
29 interests in qualified physician practices and medical
30 marijuana testing laboratories; authorizing the
31 department to sample marijuana, rather than only
32 edibles, from dispensing facilities for specified
33 purposes; authorizing the department to sample
34 marijuana delivery devices from dispensing facilities
35 to determine that they are safe for patient use;
36 requiring that a medical marijuana treatment center
37 recall all marijuana, rather than only edibles, under
38 certain circumstances; revising advertising
39 requirements for medical marijuana treatment centers
40 to prohibit radio and television advertising; creating
41 the Medical Marijuana Testing Advisory Council adjunct
42 to the department for a specified purpose; requiring
43 the advisory council to operate in a specified manner;
44 requiring the department to provide staff and
45 administrative support for the advisory council;
46 providing for membership and meetings of the advisory
47 council; requiring the advisory council to submit an
48 annual report to the Governor and Legislature by a
49 specified date; providing requirements for the report;
50 requiring the department to post the report on its
51 website; authorizing the department and certain
52 employees to acquire, possess, test, transport, and
53 lawfully dispose of marijuana and marijuana delivery
54 devices; amending s. 381.988, F.S.; prohibiting
55 certified medical marijuana testing laboratories and
56 specified individuals from having economic interest in
57 or financial relationships with medical marijuana
58 treatment centers; providing construction; authorizing
59 the department and certain employees to acquire,
60 possess, test, transport, and lawfully dispose of
61 marijuana; amending s. 456.47, F.S.; authorizing
62 telehealth providers to use telehealth to treat and
63 evaluate existing qualified patients for the medical
64 use of marijuana; amending s. 581.217, F.S.; providing
65 and revising definitions; requiring hemp extract and
66 hemp extract products distributed in this state to be
67 registered with the Department of Agriculture and
68 Consumer Services; providing requirements for
69 registration certificates; providing that an applicant
70 who registers a hemp extract or hemp extract product
71 assumes full responsibility for the registration,
72 quality, and quantity of the extract or product
73 manufactured and distributed in this state; providing
74 for the expiration and renewal of such certificates;
75 providing application requirements; authorizing the
76 department to analyze samples of hemp extracts or hemp
77 extract products and inspect their labels to ensure
78 compliance with specified requirements; requiring the
79 department to deny registration certificate
80 applications under certain circumstances; prohibiting
81 the sale of hemp extract and hemp extract products
82 intended for ingestion to persons younger than 21
83 years of age; authorizing the department to make
84 certain determinations related to public health,
85 safety, and welfare; requiring the department to issue
86 immediate final orders regarding unregistered hemp
87 extracts and hemp extract products under certain
88 circumstances; authorizing the department to issue and
89 enforce stop-sale orders and revoke or suspend the
90 registration of any hemp extract or hemp extract
91 product under certain circumstances; authorizing the
92 department to impose a specified administrative fine
93 under certain circumstances; reenacting ss. 893.02(3),
94 916.1085(1)(a), 944.47(1)(a), 951.22(1)(h), and
95 985.711(1)(a), F.S., to incorporate the amendment made
96 to s. 581.217, F.S., in references thereto; providing
97 an effective date.
98
99 Be It Enacted by the Legislature of the State of Florida:
100
101 Section 1. Present paragraph (c) of subsection (3) of
102 section 381.986, Florida Statutes, is redesignated as paragraph
103 (d), present subsections (14) through (17) are redesignated as
104 subsections (15) through (18), respectively, a new paragraph (c)
105 is added to subsection (3), a new subsection (14) is added to
106 that section, and paragraph (i) is added to present subsection
107 (14), and paragraph (a) and present paragraph (c) of subsection
108 (3), paragraphs (a), (g), and (j) of subsection (4), paragraph
109 (a) of subsection (7), and paragraphs (b), (e), and (h) of
110 subsection (8) of that section are amended, to read:
111 381.986 Medical use of marijuana.—
112 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
113 (a) Before being approved as a qualified physician, as
114 defined in paragraph (1)(m), and before each license renewal, a
115 physician must successfully complete a 6-hour 2-hour course and
116 subsequent examination offered by the Florida Medical
117 Association or the Florida Osteopathic Medical Association which
118 address the potential health and safety risks and benefits of,
119 and the appropriate dosages for, prescribing marijuana for
120 medical use and encompass the requirements of this section and
121 any rules adopted hereunder. The course and examination shall be
122 administered at least annually and may be offered in a distance
123 learning format, including an electronic, online format that is
124 available upon request. The price of the course may not exceed
125 $500. A physician who has met the physician education
126 requirements of former s. 381.986(4), Florida Statutes 2016,
127 before June 23, 2017, shall be deemed to be in compliance with
128 this paragraph from June 23, 2017, until 90 days after the
129 course and examination required by this paragraph become
130 available.
131 (c) With respect to his or her practice relating to
132 marijuana for medical use under this section, a qualified
133 physician may not engage in radio or television advertising or
134 advertising that is visible to members of the public from any
135 street, sidewalk, park, or other public place, except:
136 1. The qualified physician’s practice may have a sign that
137 is affixed to the outside or hanging in the window of the
138 premises which identifies the qualified physician, a department
139 approved practice name, or a department-approved logo. A
140 qualified physician’s practice name and logo may not contain
141 wording or images commonly associated with marketing targeted
142 toward children or which promote the recreational use of
143 marijuana.
144 2. A qualified physician may engage in Internet advertising
145 and marketing for his or her practice under the following
146 conditions:
147 a. All advertisements must be approved by the department.
148 b. An advertisement may not have any content that
149 specifically targets individuals under the age of 18, including
150 cartoon characters or similar images.
151 c. An advertisement may not be an unsolicited pop-up
152 advertisement.
153 d. Opt-in marketing must include an easy and permanent opt
154 out feature.
155 (d)(c) Before being employed as a medical director, as
156 defined in paragraph (1)(i), and before each license renewal, a
157 medical director must successfully complete a 6-hour 2-hour
158 course and subsequent examination offered by the Florida Medical
159 Association or the Florida Osteopathic Medical Association which
160 address the potential health and safety risks and benefits of,
161 and the appropriate dosages for, prescribing marijuana for
162 medical use and encompass the requirements of this section and
163 any rules adopted hereunder. The course and examination shall be
164 administered at least annually and may be offered in a distance
165 learning format, including an electronic, online format that is
166 available upon request. The price of the course may not exceed
167 $500.
168 (4) PHYSICIAN CERTIFICATION.—
169 (a) A qualified physician may issue a physician
170 certification only if the qualified physician:
171 1. Conducted an a physical examination of while physically
172 present in the same room as the patient and a full assessment of
173 the medical history of the patient. For an initial
174 certification, the examination must be a physical examination
175 conducted while physically present in the same room as the
176 patient. For a certification renewal, the examination may be
177 conducted through telehealth under s. 456.47 only if such
178 examination is conducted by the same qualified physician who
179 conducted the examination for initial certification. If a
180 patient changes his or her qualified physician, the new
181 qualified physician must conduct an initial physical examination
182 of the patient while physically present in the same room before
183 conducting any examination through telehealth.
184 2. Diagnosed the patient with at least one qualifying
185 medical condition.
186 3. Determined that the medical use of marijuana would
187 likely outweigh the potential health risks for the patient, and
188 such determination must be documented in the patient’s medical
189 record. If a patient is younger than 18 years of age, a second
190 physician must concur with this determination, and such
191 concurrence must be documented in the patient’s medical record.
192 4. Determined whether the patient is pregnant and
193 documented such determination in the patient’s medical record. A
194 physician may not issue a physician certification, except for
195 low-THC cannabis, to a patient who is pregnant.
196 5. Reviewed the patient’s controlled drug prescription
197 history in the prescription drug monitoring program database
198 established pursuant to s. 893.055.
199 6. Reviews the medical marijuana use registry and confirmed
200 that the patient does not have an active physician certification
201 from another qualified physician.
202 7. Registers as the issuer of the physician certification
203 for the named qualified patient on the medical marijuana use
204 registry in an electronic manner determined by the department,
205 and:
206 a. Enters into the registry the contents of the physician
207 certification, including the patient’s qualifying condition and
208 the dosage not to exceed the daily dose amount determined by the
209 department, the amount and forms of marijuana authorized for the
210 patient, and any types of marijuana delivery devices needed by
211 the patient for the medical use of marijuana.
212 b. Updates the registry within 7 days after any change is
213 made to the original physician certification to reflect such
214 change.
215 c. Deactivates the registration of the qualified patient
216 and the patient’s caregiver when the physician no longer
217 recommends the medical use of marijuana for the patient.
218 8. Obtains the voluntary and informed written consent of
219 the patient for medical use of marijuana each time the qualified
220 physician issues a physician certification for the patient,
221 which shall be maintained in the patient’s medical record. The
222 patient, or the patient’s parent or legal guardian if the
223 patient is a minor, must sign the informed consent acknowledging
224 that the qualified physician has sufficiently explained its
225 content. The qualified physician must use a standardized
226 informed consent form adopted in rule by the Board of Medicine
227 and the Board of Osteopathic Medicine, which must include, at a
228 minimum, information related to:
229 a. The Federal Government’s classification of marijuana as
230 a Schedule I controlled substance.
231 b. The approval and oversight status of marijuana by the
232 Food and Drug Administration.
233 c. The current state of research on the efficacy of
234 marijuana to treat the qualifying conditions set forth in this
235 section.
236 d. The potential for addiction.
237 e. The potential effect that marijuana may have on a
238 patient’s coordination, motor skills, and cognition, including a
239 warning against operating heavy machinery, operating a motor
240 vehicle, or engaging in activities that require a person to be
241 alert or respond quickly.
242 f. The potential side effects of marijuana use, including
243 the negative health risks associated with smoking marijuana.
244 g. The risks, benefits, and drug interactions of marijuana.
245 h. That the patient’s de-identified health information
246 contained in the physician certification and medical marijuana
247 use registry may be used for research purposes.
248 (g) A qualified physician must evaluate an existing
249 qualified patient at least once every 34 30 weeks before issuing
250 a new physician certification. The evaluation may be conducted
251 through telehealth as defined in s. 456.47. A physician must:
252 1. Determine if the patient still meets the requirements to
253 be issued a physician certification under paragraph (a).
254 2. Identify and document in the qualified patient’s medical
255 records whether the qualified patient experienced either of the
256 following related to the medical use of marijuana:
257 a. An adverse drug interaction with any prescription or
258 nonprescription medication; or
259 b. A reduction in the use of, or dependence on, other types
260 of controlled substances as defined in s. 893.02.
261 3. Submit a report with the findings required pursuant to
262 subparagraph 2. to the department. The department shall submit
263 such reports to the Consortium for Medical Marijuana Clinical
264 Outcomes Research established pursuant to s. 1004.4351.
265 (j) The Board of Medicine and the Board of Osteopathic
266 Medicine shall jointly create a physician certification pattern
267 review panel that shall review all physician certifications
268 submitted to the medical marijuana use registry and consists of
269 at least one member who is a qualified physician. The panel
270 shall track and report the number of physician certifications
271 and the qualifying medical conditions, dosage, supply amount,
272 total milligrams dispensed for each qualified patient under each
273 qualified physician’s care, and form of marijuana certified. The
274 panel shall report the data both by individual qualified
275 physician, including his or her specialty and type of practice,
276 and in the aggregate, by county, and statewide. The physician
277 certification pattern review panel shall, beginning January 1,
278 2018, submit an annual report of its findings and
279 recommendations to the Governor, the President of the Senate,
280 and the Speaker of the House of Representatives.
281 (7) IDENTIFICATION CARDS.—
282 (a) The department shall issue medical marijuana use
283 registry identification cards for qualified patients and
284 caregivers who are residents of this state, which must be
285 renewed every 2 years annually. The identification cards must be
286 resistant to counterfeiting and tampering and must include, at a
287 minimum, the following:
288 1. The name, address, and date of birth of the qualified
289 patient or caregiver.
290 2. A full-face, passport-type, color photograph of the
291 qualified patient or caregiver taken within the 90 days
292 immediately preceding registration or the Florida driver license
293 or Florida identification card photograph of the qualified
294 patient or caregiver obtained directly from the Department of
295 Highway Safety and Motor Vehicles.
296 3. Identification as a qualified patient or a caregiver.
297 4. The unique numeric identifier used for the qualified
298 patient in the medical marijuana use registry.
299 5. For a caregiver, the name and unique numeric identifier
300 of the caregiver and the qualified patient or patients that the
301 caregiver is assisting.
302 6. The expiration date of the identification card.
303 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
304 (b) An applicant for licensure as a medical marijuana
305 treatment center shall apply to the department on a form
306 prescribed by the department and adopted in rule. The department
307 shall adopt rules pursuant to ss. 120.536(1) and 120.54
308 establishing a procedure for the issuance and biennial renewal
309 of licenses, including initial application and biennial renewal
310 fees sufficient to cover the costs of implementing and
311 administering this section, and establishing supplemental
312 licensure fees for payment beginning May 1, 2018, sufficient to
313 cover the costs of administering ss. 381.989 and 1004.4351. The
314 department shall identify applicants with strong diversity plans
315 reflecting this state’s commitment to diversity and implement
316 training programs and other educational programs to enable
317 minority persons and minority business enterprises, as defined
318 in s. 288.703, and veteran business enterprises, as defined in
319 s. 295.187, to compete for medical marijuana treatment center
320 licensure and contracts. Subject to the requirements in
321 subparagraphs (a)2.-4., the department shall issue a license to
322 an applicant if the applicant meets the requirements of this
323 section and pays the initial application fee. The department
324 shall renew the licensure of a medical marijuana treatment
325 center biennially if the licensee meets the requirements of this
326 section and pays the biennial renewal fee. However, the
327 department may not renew the license of a medical marijuana
328 treatment center that has not begun to cultivate, process, and
329 dispense marijuana by the date on which the medical marijuana
330 treatment center is required to renew its license. An individual
331 may not be an applicant, owner, officer, board member, or
332 manager on more than one application for licensure as a medical
333 marijuana treatment center. An individual or entity may not be
334 awarded more than one license as a medical marijuana treatment
335 center. An applicant for licensure as a medical marijuana
336 treatment center must demonstrate:
337 1. That, for the 5 consecutive years before submitting the
338 application, the applicant has been registered to do business in
339 the state.
340 2. Possession of a valid certificate of registration issued
341 by the Department of Agriculture and Consumer Services pursuant
342 to s. 581.131.
343 3. The technical and technological ability to cultivate and
344 produce marijuana, including, but not limited to, low-THC
345 cannabis.
346 4. The ability to secure the premises, resources, and
347 personnel necessary to operate as a medical marijuana treatment
348 center.
349 5. The ability to maintain accountability of all raw
350 materials, finished products, and any byproducts to prevent
351 diversion or unlawful access to or possession of these
352 substances.
353 6. An infrastructure reasonably located to dispense
354 marijuana to registered qualified patients statewide or
355 regionally as determined by the department.
356 7. The financial ability to maintain operations for the
357 duration of the 2-year approval cycle, including the provision
358 of certified financial statements to the department.
359 a. Upon approval, the applicant must post a $5 million
360 performance bond issued by an authorized surety insurance
361 company rated in one of the three highest rating categories by a
362 nationally recognized rating service. However, a medical
363 marijuana treatment center serving at least 1,000 qualified
364 patients is only required to maintain a $2 million performance
365 bond.
366 b. In lieu of the performance bond required under sub
367 subparagraph a., the applicant may provide an irrevocable letter
368 of credit payable to the department or provide cash to the
369 department. If provided with cash under this sub-subparagraph,
370 the department shall deposit the cash in the Grants and
371 Donations Trust Fund within the Department of Health, subject to
372 the same conditions as the bond regarding requirements for the
373 applicant to forfeit ownership of the funds. If the funds
374 deposited under this sub-subparagraph generate interest, the
375 amount of that interest shall be used by the department for the
376 administration of this section.
377 8. That all owners, officers, board members, and managers
378 have passed a background screening pursuant to subsection (9).
379 9. The employment of a medical director to supervise the
380 activities of the medical marijuana treatment center.
381 10. A diversity plan that promotes and ensures the
382 involvement of minority persons and minority business
383 enterprises, as defined in s. 288.703, or veteran business
384 enterprises, as defined in s. 295.187, in ownership, management,
385 and employment. An applicant for licensure renewal must show the
386 effectiveness of the diversity plan by including the following
387 with his or her application for renewal:
388 a. Representation of minority persons and veterans in the
389 medical marijuana treatment center’s workforce;
390 b. Efforts to recruit minority persons and veterans for
391 employment; and
392 c. A record of contracts for services with minority
393 business enterprises and veteran business enterprises.
394 (e) A licensed medical marijuana treatment center shall
395 cultivate, process, transport, and dispense marijuana for
396 medical use. A licensed medical marijuana treatment center may
397 not contract for services directly related to the cultivation,
398 processing, and dispensing of marijuana or marijuana delivery
399 devices, except that a medical marijuana treatment center
400 licensed pursuant to subparagraph (a)1. may contract with a
401 single entity for the cultivation, processing, transporting, and
402 dispensing of marijuana and marijuana delivery devices. A
403 licensed medical marijuana treatment center must, at all times,
404 maintain compliance with the criteria demonstrated and
405 representations made in the initial application and the criteria
406 established in this subsection. Upon request, the department may
407 grant a medical marijuana treatment center a variance from the
408 representations made in the initial application. Consideration
409 of such a request shall be based upon the individual facts and
410 circumstances surrounding the request. A variance may not be
411 granted unless the requesting medical marijuana treatment center
412 can demonstrate to the department that it has a proposed
413 alternative to the specific representation made in its
414 application which fulfills the same or a similar purpose as the
415 specific representation in a way that the department can
416 reasonably determine will not be a lower standard than the
417 specific representation in the application. A variance may not
418 be granted from the requirements in subparagraph 2. and
419 subparagraphs (b)1. and 2.
420 1. A licensed medical marijuana treatment center may
421 transfer ownership to an individual or entity who meets the
422 requirements of this section. A publicly traded corporation or
423 publicly traded company that meets the requirements of this
424 section is not precluded from ownership of a medical marijuana
425 treatment center. To accommodate a change in ownership:
426 a. The licensed medical marijuana treatment center shall
427 notify the department in writing at least 60 days before the
428 anticipated date of the change of ownership.
429 b. The individual or entity applying for initial licensure
430 due to a change of ownership must submit an application that
431 must be received by the department at least 60 days before the
432 date of change of ownership.
433 c. Upon receipt of an application for a license, the
434 department shall examine the application and, within 30 days
435 after receipt, notify the applicant in writing of any apparent
436 errors or omissions and request any additional information
437 required.
438 d. Requested information omitted from an application for
439 licensure must be filed with the department within 21 days after
440 the department’s request for omitted information or the
441 application shall be deemed incomplete and shall be withdrawn
442 from further consideration and the fees shall be forfeited.
443
444 Within 30 days after the receipt of a complete application, the
445 department shall approve or deny the application.
446 2. A medical marijuana treatment center, and any individual
447 or entity who directly or indirectly owns, controls, or holds
448 with power to vote 5 percent or more of the voting shares of a
449 medical marijuana treatment center, may not acquire direct or
450 indirect ownership or control of any voting shares or other form
451 of ownership of any other medical marijuana treatment center.
452 3. A medical marijuana treatment center, and any individual
453 or entity that directly or indirectly owns, controls, or holds
454 with power to vote 5 percent or more of the voting shares of a
455 medical marijuana treatment center, may not employ a qualified
456 physician or have any direct or indirect economic interest in a
457 qualified physician’s practice or a marijuana testing
458 laboratory.
459 4. A medical marijuana treatment center may not enter into
460 any form of profit-sharing arrangement with the property owner
461 or lessor of any of its facilities where cultivation,
462 processing, storing, or dispensing of marijuana and marijuana
463 delivery devices occurs.
464 5.4. All employees of a medical marijuana treatment center
465 must be 21 years of age or older and have passed a background
466 screening pursuant to subsection (9).
467 6.5. Each medical marijuana treatment center must adopt and
468 enforce policies and procedures to ensure employees and
469 volunteers receive training on the legal requirements to
470 dispense marijuana to qualified patients.
471 7.6. When growing marijuana, a medical marijuana treatment
472 center:
473 a. May use pesticides determined by the department, after
474 consultation with the Department of Agriculture and Consumer
475 Services, to be safely applied to plants intended for human
476 consumption, but may not use pesticides designated as
477 restricted-use pesticides pursuant to s. 487.042.
478 b. Must grow marijuana within an enclosed structure and in
479 a room separate from any other plant.
480 c. Must inspect seeds and growing plants for plant pests
481 that endanger or threaten the horticultural and agricultural
482 interests of the state in accordance with chapter 581 and any
483 rules adopted thereunder.
484 d. Must perform fumigation or treatment of plants, or
485 remove and destroy infested or infected plants, in accordance
486 with chapter 581 and any rules adopted thereunder.
487 8.7. Each medical marijuana treatment center must produce
488 and make available for purchase at least one low-THC cannabis
489 product.
490 9.8. A medical marijuana treatment center that produces
491 edibles must hold a permit to operate as a food establishment
492 pursuant to chapter 500, the Florida Food Safety Act, and must
493 comply with all the requirements for food establishments
494 pursuant to chapter 500 and any rules adopted thereunder.
495 Edibles may not contain more than 200 milligrams of
496 tetrahydrocannabinol, and a single serving portion of an edible
497 may not exceed 10 milligrams of tetrahydrocannabinol. Edibles
498 may have a potency variance of no greater than 15 percent.
499 Edibles may not be attractive to children; be manufactured in
500 the shape of humans, cartoons, or animals; be manufactured in a
501 form that bears any reasonable resemblance to products available
502 for consumption as commercially available candy; or contain any
503 color additives. To discourage consumption of edibles by
504 children, the department shall determine by rule any shapes,
505 forms, and ingredients allowed and prohibited for edibles.
506 Medical marijuana treatment centers may not begin processing or
507 dispensing edibles until after the effective date of the rule.
508 The department shall also adopt sanitation rules providing the
509 standards and requirements for the storage, display, or
510 dispensing of edibles.
511 10.9. Within 12 months after licensure, a medical marijuana
512 treatment center must demonstrate to the department that all of
513 its processing facilities have passed a Food Safety Good
514 Manufacturing Practices, such as Global Food Safety Initiative
515 or equivalent, inspection by a nationally accredited certifying
516 body. A medical marijuana treatment center must immediately stop
517 processing at any facility which fails to pass this inspection
518 until it demonstrates to the department that such facility has
519 met this requirement.
520 11.10. A medical marijuana treatment center that produces
521 prerolled marijuana cigarettes may not use wrapping paper made
522 with tobacco or hemp.
523 12.11. When processing marijuana, a medical marijuana
524 treatment center must:
525 a. Process the marijuana within an enclosed structure and
526 in a room separate from other plants or products.
527 b. Comply with department rules when processing marijuana
528 with hydrocarbon solvents or other solvents or gases exhibiting
529 potential toxicity to humans. The department shall determine by
530 rule the requirements for medical marijuana treatment centers to
531 use such solvents or gases exhibiting potential toxicity to
532 humans.
533 c. Comply with federal and state laws and regulations and
534 department rules for solid and liquid wastes. The department
535 shall determine by rule procedures for the storage, handling,
536 transportation, management, and disposal of solid and liquid
537 waste generated during marijuana production and processing. The
538 Department of Environmental Protection shall assist the
539 department in developing such rules.
540 13.d. A medical marijuana treatment center must test the
541 processed marijuana using a medical marijuana testing laboratory
542 before it is dispensed. Results must be verified and signed by
543 two medical marijuana treatment center employees. Before
544 dispensing, the medical marijuana treatment center must
545 determine that the test results indicate that low-THC cannabis
546 meets the definition of low-THC cannabis, the concentration of
547 tetrahydrocannabinol meets the potency requirements of this
548 section, the labeling of the concentration of
549 tetrahydrocannabinol and cannabidiol is accurate, and all
550 marijuana is safe for human consumption and free from
551 contaminants that are unsafe for human consumption. The
552 department shall determine by rule which contaminants must be
553 tested for and the maximum levels of each contaminant which are
554 safe for human consumption. The Department of Agriculture and
555 Consumer Services shall assist the department in developing the
556 testing requirements for contaminants that are unsafe for human
557 consumption in edibles. The department shall also determine by
558 rule the procedures for the treatment of marijuana that fails to
559 meet the testing requirements of this section, s. 381.988, or
560 department rule. The department may sample marijuana from select
561 a random sample from edibles available for purchase in a
562 dispensing facility which shall be tested by the department to
563 determine that the marijuana edible meets the potency
564 requirements of this section, is safe for human consumption, and
565 the labeling of the tetrahydrocannabinol and cannabidiol
566 concentration is accurate or to verify medical marijuana testing
567 laboratory results. The department may also sample marijuana
568 delivery devices from a dispensing facility to determine that
569 the marijuana delivery devices are safe for use by qualified
570 patients. A medical marijuana treatment center may not require
571 payment from the department for the sample. A medical marijuana
572 treatment center must recall all marijuana that fails edibles,
573 including all edibles made from the same batch of marijuana,
574 which fail to meet the potency requirements of this section,
575 that is which are unsafe for human consumption, or for which the
576 labeling of the tetrahydrocannabinol and cannabidiol
577 concentration is inaccurate. The medical marijuana treatment
578 center must retain records of all testing and samples of each
579 homogenous batch of marijuana for at least 9 months. The medical
580 marijuana treatment center must contract with a marijuana
581 testing laboratory to perform audits on the medical marijuana
582 treatment center’s standard operating procedures, testing
583 records, and samples and provide the results to the department
584 to confirm that the marijuana or low-THC cannabis meets the
585 requirements of this section and that the marijuana or low-THC
586 cannabis is safe for human consumption. A medical marijuana
587 treatment center shall reserve two processed samples from each
588 batch and retain such samples for at least 9 months for the
589 purpose of such audits. A medical marijuana treatment center may
590 use a laboratory that has not been certified by the department
591 under s. 381.988 until such time as at least one laboratory
592 holds the required certification, but in no event later than
593 July 1, 2018.
594 14. When packaging marijuana, a medical marijuana treatment
595 center must:
596 a.e. Package the marijuana in compliance with the United
597 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
598 1471 et seq.
599 b.f. Package the marijuana in a receptacle that has a
600 firmly affixed and legible label stating the following
601 information:
602 (I) The marijuana or low-THC cannabis meets the
603 requirements of subparagraph 13 sub-subparagraph d.
604 (II) The name of the medical marijuana treatment center
605 from which the marijuana originates.
606 (III) The batch number and harvest number from which the
607 marijuana originates and the date dispensed.
608 (IV) The name of the physician who issued the physician
609 certification.
610 (V) The name of the patient.
611 (VI) The product name, if applicable, and dosage form,
612 including concentration of tetrahydrocannabinol and cannabidiol.
613 The product name may not contain wording commonly associated
614 with products marketed by or to children.
615 (VII) The recommended dose.
616 (VIII) A warning that it is illegal to transfer medical
617 marijuana to another person.
618 (IX) A marijuana universal symbol developed by the
619 department.
620 15.12. The medical marijuana treatment center shall include
621 in each package a patient package insert with information on the
622 specific product dispensed related to:
623 a. Clinical pharmacology.
624 b. Indications and use.
625 c. Dosage and administration.
626 d. Dosage forms and strengths.
627 e. Contraindications.
628 f. Warnings and precautions.
629 g. Adverse reactions.
630 16.13. In addition to the packaging and labeling
631 requirements specified in subparagraphs 14. and 15. 11. and 12.,
632 marijuana in a form for smoking must be packaged in a sealed
633 receptacle with a legible and prominent warning to keep away
634 from children and a warning that states marijuana smoke contains
635 carcinogens and may negatively affect health. Such receptacles
636 for marijuana in a form for smoking must be plain, opaque, and
637 white without depictions of the product or images other than the
638 medical marijuana treatment center’s department-approved logo
639 and the marijuana universal symbol.
640 17.14. The department shall adopt rules to regulate the
641 types, appearance, and labeling of marijuana delivery devices
642 dispensed from a medical marijuana treatment center. The rules
643 must require marijuana delivery devices to have an appearance
644 consistent with medical use.
645 18.15. Each edible shall be individually sealed in plain,
646 opaque wrapping marked only with the marijuana universal symbol.
647 Where practical, each edible shall be marked with the marijuana
648 universal symbol. In addition to the packaging and labeling
649 requirements in subparagraphs 14. and 15. 11. and 12., edible
650 receptacles must be plain, opaque, and white without depictions
651 of the product or images other than the medical marijuana
652 treatment center’s department-approved logo and the marijuana
653 universal symbol. The receptacle must also include a list of all
654 the edible’s ingredients, storage instructions, an expiration
655 date, a legible and prominent warning to keep away from children
656 and pets, and a warning that the edible has not been produced or
657 inspected pursuant to federal food safety laws.
658 19.16. When dispensing marijuana or a marijuana delivery
659 device, a medical marijuana treatment center:
660 a. May dispense any active, valid order for low-THC
661 cannabis, medical cannabis and cannabis delivery devices issued
662 pursuant to former s. 381.986, Florida Statutes 2016, which was
663 entered into the medical marijuana use registry before July 1,
664 2017.
665 b. May not dispense more than one a 70-day supply of
666 marijuana within any 70-day period to a qualified patient or
667 caregiver. May not dispense more than one 35-day supply of
668 marijuana in a form for smoking within any 35-day period to a
669 qualified patient or caregiver. A 35-day supply of marijuana in
670 a form for smoking may not exceed 2.5 ounces unless an exception
671 to this amount is approved by the department pursuant to
672 paragraph (4)(f).
673 c. Must have the medical marijuana treatment center’s
674 employee who dispenses the marijuana or a marijuana delivery
675 device enter into the medical marijuana use registry his or her
676 name or unique employee identifier.
677 d. Must verify that the qualified patient and the
678 caregiver, if applicable, each have an active registration in
679 the medical marijuana use registry and an active and valid
680 medical marijuana use registry identification card, the amount
681 and type of marijuana dispensed matches the physician
682 certification in the medical marijuana use registry for that
683 qualified patient, and the physician certification has not
684 already been filled.
685 e. May not dispense marijuana to a qualified patient who is
686 younger than 18 years of age. If the qualified patient is
687 younger than 18 years of age, marijuana may only be dispensed
688 only to the qualified patient’s caregiver.
689 f. May not dispense or sell any other type of cannabis,
690 alcohol, or illicit drug-related product, including pipes or
691 wrapping papers made with tobacco or hemp, other than a
692 marijuana delivery device required for the medical use of
693 marijuana and which is specified in a physician certification.
694 g. Must, upon dispensing the marijuana or marijuana
695 delivery device, record in the registry the date, time,
696 quantity, and form of marijuana dispensed; the type of marijuana
697 delivery device dispensed; and the name and medical marijuana
698 use registry identification number of the qualified patient or
699 caregiver to whom the marijuana delivery device was dispensed.
700 h. Must ensure that patient records are not visible to
701 anyone other than the qualified patient, his or her caregiver,
702 and authorized medical marijuana treatment center employees.
703 (h) A medical marijuana treatment center may not engage in
704 radio or television advertising or advertising that is visible
705 to members of the public from any street, sidewalk, park, or
706 other public place, except:
707 1. The dispensing location of a medical marijuana treatment
708 center may have a sign that is affixed to the outside or hanging
709 in the window of the premises which identifies the dispensary by
710 the licensee’s business name, a department-approved trade name,
711 or a department-approved logo. A medical marijuana treatment
712 center’s trade name and logo may not contain wording or images
713 commonly associated with marketing targeted toward children or
714 which promote recreational use of marijuana.
715 2. A medical marijuana treatment center may engage in
716 Internet advertising and marketing under the following
717 conditions:
718 a. All advertisements must be approved by the department.
719 b. An advertisement may not have any content that
720 specifically targets individuals under the age of 18, including
721 cartoon characters or similar images.
722 c. An advertisement may not be an unsolicited pop-up
723 advertisement.
724 d. Opt-in marketing must include an easy and permanent opt
725 out feature.
726 (14) MEDICAL MARIJUANA TESTING ADVISORY COUNCIL.—
727 (a) The Medical Marijuana Testing Advisory Council, an
728 advisory council as defined in s. 20.03(7), is created adjunct
729 to the department for the purpose of providing advice and
730 expertise regarding the adoption and evaluation of policies and
731 standards applicable to marijuana testing. Except as otherwise
732 provided in this section, the advisory council shall operate in
733 a manner consistent with s. 20.052.
734 (b) The department shall provide staff and administrative
735 support for the advisory council to carry out its duties and
736 responsibilities under this section.
737 (c) The advisory council is composed of the following
738 members:
739 1. Two members appointed by the Governor.
740 2. Two members appointed by the Commissioner of
741 Agriculture.
742 3. Two members appointed by the President of the Senate.
743 4. Two members appointed by the Speaker of the House of
744 Representatives.
745 5. The dean for research of the Institute of Food and
746 Agricultural Sciences of the University of Florida, or his or
747 her designee.
748 6. The President of Florida Agricultural and Mechanical
749 University, or his or her designee.
750 7. The president or executive director of a statewide
751 cannabis testing association, appointed by the Governor.
752 8. The president or executive director of a medical
753 marijuana trade association that does not primarily consist of
754 dispensaries or cannabis laboratory testing facility owners,
755 appointed by the Governor.
756 9. A board member of a medical marijuana dispensary based
757 in this state, appointed by the Governor.
758 10. An owner of a cannabis testing laboratory based in this
759 state, appointed by the Governor.
760 11. A laboratory scientist who holds a doctorate and who
761 has at least 3 years of experience in cannabis laboratory
762 testing, appointed by the Governor.
763 12. A registered qualified patient who resides in this
764 state, appointed by the Governor.
765 (d) The advisory council shall annually elect a chair by a
766 majority vote of the members.
767 (e) A majority of the members of the advisory council
768 constitutes a quorum.
769 (f) The advisory council shall meet at least three times
770 annually at the call of the chair.
771 (g) Advisory council members shall serve without
772 compensation and are not entitled to reimbursement for per diem
773 or travel expenses.
774 (h) Beginning July 1, 2023, and each July 1 thereafter, the
775 advisory council shall submit to the Governor, the President of
776 the Senate, and the Speaker of the House of Representatives a
777 report that describes the activities of the advisory council
778 during the previous year and includes its findings and
779 recommendations, which must include, but need not be limited to,
780 the prevention of marijuana-related traffic infractions and
781 accidents as a result of driving under the influence, the
782 application of drug-free workplace policies to qualified
783 patients, and the policies and standards applicable to marijuana
784 testing in this state to ensure marijuana products are safe. The
785 department shall post the report on its website.
786 (15)(14) EXCEPTIONS TO OTHER LAWS.—
787 (i) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
788 any other provision of law, but subject to the requirements of
789 this section, the department, including an employee of the
790 department acting within the scope of his or her employment, may
791 acquire, possess, test, transport, and lawfully dispose of
792 marijuana and marijuana delivery devices as provided in this
793 section, s. 381.988, and department rule.
794 Section 2. Present subsection (11) of section 381.988,
795 Florida Statutes, is redesignated as subsection (13), and new
796 subsections (11) and (12) are added to that section, to read:
797 381.988 Medical marijuana testing laboratories; marijuana
798 tests conducted by a certified laboratory.—
799 (11) A certified medical marijuana testing laboratory and
800 its officers, directors, and employees may not have a direct or
801 indirect economic interest in, or financial relationship with, a
802 medical marijuana treatment center. This subsection does not
803 prohibit a certified medical marijuana testing laboratory from
804 contracting with a medical marijuana treatment center to provide
805 testing services.
806 (12) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
807 any other provision of law, but subject to the requirements of
808 this section, the department, including an employee of the
809 department acting within the scope of his or her employment, may
810 acquire, possess, test, transport, and lawfully dispose of
811 marijuana as provided in this section, s. 381.986, and
812 department rule.
813 Section 3. Paragraph (c) of subsection (2) of section
814 456.47, Florida Statutes, is amended to read:
815 456.47 Use of telehealth to provide services.—
816 (2) PRACTICE STANDARDS.—
817 (c) A telehealth provider may not use telehealth to
818 prescribe a controlled substance unless the controlled substance
819 is prescribed for the following:
820 1. The treatment of a psychiatric disorder;
821 2. Inpatient treatment at a hospital licensed under chapter
822 395;
823 3. The treatment of a patient receiving hospice services as
824 defined in s. 400.601; or
825 4. The treatment of a resident of a nursing home facility
826 as defined in s. 400.021; or
827 5. The treatment and evaluation of an existing qualified
828 patient for the medical use of marijuana in accordance with s.
829 381.986.
830 Section 4. Subsections (3), (7), (10), and paragraph (a) of
831 subsection (12) of section 581.217, Florida Statutes, are
832 amended, and subsection (13) of that section is republished, to
833 read:
834 581.217 State hemp program.—
835 (3) DEFINITIONS.—As used in this section, the term:
836 (a) “Acceptable hemp THC level” has the same meaning as
837 provided in 7 C.F.R. s. 990.1, as that definition exists on the
838 effective date of this act.
839 (b) “Brand” means the product name appearing on the label
840 of a hemp extract product.
841 (c)(a) “Certifying agency” has the same meaning as in s.
842 578.011(8).
843 (d)(b) “Contaminants unsafe for human consumption”
844 includes, but is not limited to, any microbe, fungus, yeast,
845 mildew, herbicide, pesticide, fungicide, residual solvent,
846 metal, or other contaminant found in any amount that exceeds any
847 of the accepted limitations as determined by rules adopted by
848 the Department of Health in accordance with s. 381.986, or other
849 limitation pursuant to the laws of this state, whichever amount
850 is less.
851 (e)(c) “Cultivate” means planting, watering, growing, or
852 harvesting hemp.
853 (f) “Distribute” means to sell or hold with the intent to
854 sell, offer for sale, barter, or otherwise supply to a consumer.
855 (g)(d) “Hemp” has the same meaning as provided in 7 C.F.R.
856 s. 990.1, as that definition exists on the effective date of
857 this act means the plant Cannabis sativa L. and any part of that
858 plant, including the seeds thereof, and all derivatives,
859 extracts, cannabinoids, isomers, acids, salts, and salts of
860 isomers thereof, whether growing or not, that has a total delta
861 9-tetrahydrocannabinol concentration that does not exceed 0.3
862 percent on a dry-weight basis.
863 (h)(e) “Hemp extract” means a substance or compound
864 intended for ingestion, containing more than trace amounts of
865 cannabinoid, or for inhalation which is derived from or contains
866 hemp and which does not contain other controlled substances. The
867 term does not include synthetic CBD or seeds or seed-derived
868 ingredients that are generally recognized as safe by the United
869 States Food and Drug Administration.
870 (i) “Hemp extract product” means a product manufactured or
871 distributed in this state which contains hemp extract and is
872 labeled with a brand name and descriptors, including, but not
873 limited to, flavor, size or volume, or specific cannabinoid
874 content.
875 (j)(f) “Independent testing laboratory” means a laboratory
876 that:
877 1. Does not have a direct or indirect interest in the
878 entity whose product is being tested;
879 2. Does not have a direct or indirect interest in a
880 facility that cultivates, processes, distributes, dispenses, or
881 sells hemp, hemp extract, or hemp extract products in the state
882 or in another jurisdiction or cultivates, processes,
883 distributes, dispenses, or sells marijuana, as defined in s.
884 381.986; and
885 3. Is accredited by a third-party accrediting body as a
886 competent testing laboratory pursuant to ISO/IEC 17025 of the
887 International Organization for Standardization.
888 (k) “Label” means any display of written, printed, or
889 graphic matter on or attached to a package or to the outside
890 individual container or wrapper of a package containing hemp
891 extract or a hemp extract product.
892 (l) “Labeling” means the labels and any other written,
893 printed, or graphic matter accompanying a package.
894 (m) “Package” means a sealed, tamperproof retail package or
895 other container designed for the sale of hemp extract or a hemp
896 extract product directly to a consumer. The term does not
897 include shipping containers containing properly labeled inner
898 containers.
899 (7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT AND HEMP
900 EXTRACT PRODUCTS.—
901 (a) Hemp extract and hemp extract products may only be
902 distributed and sold in the state if the extract or product:
903 1. Has a certificate of analysis prepared by an independent
904 testing laboratory that states:
905 a. The hemp extract is from the product of a batch tested
906 by the independent testing laboratory;
907 b. The batch contained an acceptable hemp THC level a total
908 delta-9-tetrahydrocannabinol concentration that did not exceed
909 0.3 percent pursuant to the testing of a random sample of the
910 batch; and
911 c. The batch does not contain contaminants unsafe for human
912 consumption.
913 2. Is distributed or sold in a container that includes:
914 a. A scannable barcode or quick response code linked to the
915 certificate of analysis of the hemp extract or hemp extract
916 product batch by an independent testing laboratory;
917 b. The batch number;
918 c. The Internet address of a website where batch
919 information may be obtained;
920 d. The expiration date; and
921 e. The number of milligrams of each marketed cannabinoid
922 per serving.
923 3. Has a registration certificate pursuant to paragraph
924 (b).
925 (b) Each hemp extract and hemp extract product manufactured
926 or distributed in this state must be registered with the
927 department before distribution. The person or entity whose name
928 appears on the label of the hemp extract or hemp extract product
929 must apply to the department for a registration certificate on a
930 form prescribed by the department. By applying to register the
931 hemp extract or hemp extract product, the applicant assumes full
932 responsibility for the registration, quality, and quantity of
933 the extract or product manufactured or distributed in this
934 state. A hemp extract or hemp extract product registration
935 certificate is valid for 1 year after the date of issuance and
936 must be renewed annually on or before its expiration date.
937 1. A completed registration certificate application must be
938 accompanied by all of the following:
939 a. A sample of the hemp extract or hemp extract product and
940 a copy of the proposed labeling as it will be manufactured or
941 distributed.
942 b. A certificate of analysis pursuant to paragraph (a)
943 which is dated no more than 30 days before the date upon which
944 the registration application is submitted.
945 2. The department may analyze a sample of the hemp extract
946 or hemp extract product and inspect the label to ensure that the
947 extract or product:
948 a. Meets all proposed labeling claims.
949 b. Meets all requirements under this subsection and
950 department rules.
951 c. Contains an acceptable hemp THC level.
952 d. Is not adulterated or misbranded pursuant to chapter
953 500, chapter 502, or chapter 580.
954 3. The department shall deny a registration certificate
955 application that does not meet the requirements of this
956 paragraph or department rules.
957 (c)(b) Hemp extract and hemp extract products manufactured
958 or distributed or sold in violation of this subsection section
959 shall be considered adulterated or misbranded pursuant to
960 chapter 500, chapter 502, or chapter 580.
961 (d)(c) Hemp extract and hemp extract products that are
962 intended for inhalation or ingestion and contain hemp extract
963 may not be sold in this state to a person who is younger than
964 under 21 years of age.
965 (e) The department may determine that an unregistered hemp
966 extract or hemp extract product presents an imminent threat to
967 the public health, safety, and welfare. If the department makes
968 such a determination, it shall issue an immediate final order
969 directing the manufacturer or distributor of the hemp extract or
970 hemp extract product to cease manufacturing or distribution
971 until the extract or product is registered in accordance with
972 this paragraph and department rules.
973 (10) VIOLATIONS.—
974 (a) A licensee must complete a corrective action plan if
975 the department determines that the licensee has negligently
976 violated this section or department rules, including
977 negligently:
978 1. Failing to provide the legal land description and global
979 positioning coordinates pursuant to subsection (5);
980 2. Failing to obtain a proper license or other required
981 authorization from the department; or
982 3. Producing Cannabis sativa L. that does not contain an
983 acceptable hemp THC level has a total delta-9
984 tetrahydrocannabinol concentration that exceeds 0.3 percent on a
985 dry-weight basis.
986 (b) The corrective action plan must include:
987 1. A reasonable date by which the licensee must correct the
988 negligent violation; and
989 2. A requirement that the licensee periodically report to
990 the department on compliance with this section and department
991 rules for a period of at least 2 calendar years after the date
992 of the violation.
993 (c) A licensee who negligently violates the corrective
994 action plan under this subsection three times within 5 years is
995 ineligible to cultivate hemp for 5 years following the date of
996 the third violation.
997 (d) If the department determines that a licensee has
998 violated this section or department rules with a culpable mental
999 state greater than negligence, the department shall immediately
1000 report the licensee to the Attorney General and the United
1001 States Attorney General.
1002 (e) The department may issue and enforce a stop-sale order,
1003 as provided in s. 500.172, and may revoke or suspend the
1004 registration for any hemp extract or hemp extract product that
1005 the department finds, or has probable cause to believe, is in
1006 violation of subsection (7) or department rules.
1007 (f) Notwithstanding any other provision of law, the
1008 department may, after notice and hearing, impose an
1009 administrative fine pursuant to s. 570.971 in the Class III
1010 category for each violation of subsection (7).
1011 (12) RULES.—By August 1, 2019, the department, in
1012 consultation with the Department of Health and the Department of
1013 Business and Professional Regulation, shall initiate rulemaking
1014 to administer the state hemp program. The rules must provide
1015 for:
1016 (a) A procedure that uses post-decarboxylation or other
1017 similarly reliable methods for testing the acceptable hemp THC
1018 level delta-9-tetrahydrocannabinol concentration of cultivated
1019 hemp.
1020 (13) APPLICABILITY.—Notwithstanding any other law:
1021 (a) This section does not authorize a licensee to violate
1022 any federal or state law or regulation.
1023 (b) This section does not apply to a pilot project
1024 developed in accordance with 7 U.S.C. 5940 and s. 1004.4473.
1025 (c) A licensee who negligently violates this section or
1026 department rules is not subject to any criminal or civil
1027 enforcement action by the state or a local government other than
1028 the enforcement of violations of this section as authorized
1029 under subsection (10).
1030 Section 5. For the purpose of incorporating the amendment
1031 made by this act to section 581.217, Florida Statutes, in a
1032 reference thereto, subsection (3) of section 893.02, Florida
1033 Statutes, is reenacted to read:
1034 893.02 Definitions.—The following words and phrases as used
1035 in this chapter shall have the following meanings, unless the
1036 context otherwise requires:
1037 (3) “Cannabis” means all parts of any plant of the genus
1038 Cannabis, whether growing or not; the seeds thereof; the resin
1039 extracted from any part of the plant; and every compound,
1040 manufacture, salt, derivative, mixture, or preparation of the
1041 plant or its seeds or resin. The term does not include
1042 “marijuana,” as defined in s. 381.986, if manufactured,
1043 possessed, sold, purchased, delivered, distributed, or
1044 dispensed, in conformance with s. 381.986. The term does not
1045 include hemp as defined in s. 581.217 or industrial hemp as
1046 defined in s. 1004.4473.
1047 Section 6. For the purpose of incorporating the amendment
1048 made by this act to section 581.217, Florida Statutes, in a
1049 reference thereto, paragraph (a) of subsection (1) of section
1050 916.1085, Florida Statutes, is reenacted to read:
1051 916.1085 Introduction or removal of certain articles
1052 unlawful; penalty.—
1053 (1)(a) Except as authorized by law or as specifically
1054 authorized by the person in charge of a facility, it is unlawful
1055 to introduce into or upon the grounds of any facility under the
1056 supervision or control of the department or agency, or to take
1057 or attempt to take or send therefrom, any of the following
1058 articles, which are declared to be contraband for the purposes
1059 of this section:
1060 1. Any intoxicating beverage or beverage which causes or
1061 may cause an intoxicating effect;
1062 2. Any controlled substance as defined in chapter 893,
1063 marijuana as defined in s. 381.986, hemp as defined in s.
1064 581.217, or industrial hemp as defined in s. 1004.4473;
1065 3. Any firearm or deadly weapon;
1066 4. Any cellular telephone or other portable communication
1067 device as described in s. 944.47(1)(a)6., intentionally and
1068 unlawfully introduced inside the secure perimeter of any
1069 forensic facility under the operation and control of the
1070 department or agency. As used in this subparagraph, the term
1071 “portable communication device” does not include any device that
1072 has communication capabilities which has been approved or issued
1073 by the person in charge of the forensic facility;
1074 5. Any vapor-generating electronic device as defined in s.
1075 386.203, intentionally and unlawfully introduced inside the
1076 secure perimeter of any forensic facility under the operation
1077 and control of the department or agency; or
1078 6. Any other item as determined by the department or the
1079 agency, and as designated by rule or by written institutional
1080 policies, to be hazardous to the welfare of clients or the
1081 operation of the facility.
1082 Section 7. For the purpose of incorporating the amendment
1083 made by this act to section 581.217, Florida Statutes, in a
1084 reference thereto, paragraph (a) of subsection (1) of section
1085 944.47, Florida Statutes, is reenacted to read:
1086 944.47 Introduction, removal, or possession of contraband;
1087 penalty.—
1088 (1)(a) Except through regular channels as authorized by the
1089 officer in charge of the correctional institution, it is
1090 unlawful to introduce into or upon the grounds of any state
1091 correctional institution, or to take or attempt to take or send
1092 or attempt to send therefrom, any of the following articles
1093 which are hereby declared to be contraband for the purposes of
1094 this section, to wit:
1095 1. Any written or recorded communication or any currency or
1096 coin given or transmitted, or intended to be given or
1097 transmitted, to any inmate of any state correctional
1098 institution.
1099 2. Any article of food or clothing given or transmitted, or
1100 intended to be given or transmitted, to any inmate of any state
1101 correctional institution.
1102 3. Any intoxicating beverage or beverage which causes or
1103 may cause an intoxicating effect.
1104 4. Any controlled substance as defined in s. 893.02(4),
1105 marijuana as defined in s. 381.986, hemp as defined in s.
1106 581.217, industrial hemp as defined in s. 1004.4473, or any
1107 prescription or nonprescription drug having a hypnotic,
1108 stimulating, or depressing effect.
1109 5. Any firearm or weapon of any kind or any explosive
1110 substance.
1111 6. Any cellular telephone or other portable communication
1112 device intentionally and unlawfully introduced inside the secure
1113 perimeter of any state correctional institution without prior
1114 authorization or consent from the officer in charge of such
1115 correctional institution. As used in this subparagraph, the term
1116 “portable communication device” means any device carried, worn,
1117 or stored which is designed or intended to receive or transmit
1118 verbal or written messages, access or store data, or connect
1119 electronically to the Internet or any other electronic device
1120 and which allows communications in any form. Such devices
1121 include, but are not limited to, portable two-way pagers, hand
1122 held radios, cellular telephones, Blackberry-type devices,
1123 personal digital assistants or PDA’s, laptop computers, or any
1124 components of these devices which are intended to be used to
1125 assemble such devices. The term also includes any new technology
1126 that is developed for similar purposes. Excluded from this
1127 definition is any device having communication capabilities which
1128 has been approved or issued by the department for investigative
1129 or institutional security purposes or for conducting other state
1130 business.
1131 7. Any vapor-generating electronic device as defined in s.
1132 386.203, intentionally and unlawfully introduced inside the
1133 secure perimeter of any state correctional institution.
1134 Section 8. For the purpose of incorporating the amendment
1135 made by this act to section 581.217, Florida Statutes, in a
1136 reference thereto, paragraph (h) of subsection (1) of section
1137 951.22, Florida Statutes, is reenacted to read:
1138 951.22 County detention facilities; contraband articles.—
1139 (1) It is unlawful, except through regular channels as duly
1140 authorized by the sheriff or officer in charge, to introduce
1141 into or possess upon the grounds of any county detention
1142 facility as defined in s. 951.23 or to give to or receive from
1143 any inmate of any such facility wherever said inmate is located
1144 at the time or to take or to attempt to take or send therefrom
1145 any of the following articles, which are contraband:
1146 (h) Any narcotic, hypnotic, or excitative drug or drug of
1147 any kind or nature, including nasal inhalators, sleeping pills,
1148 barbiturates, marijuana as defined in s. 381.986, hemp as
1149 defined in s. 581.217, industrial hemp as defined in s.
1150 1004.4473, or controlled substances as defined in s. 893.02(4).
1151 Section 9. For the purpose of incorporating the amendment
1152 made by this act to section 581.217, Florida Statutes, in a
1153 reference thereto, paragraph (a) of subsection (1) of section
1154 985.711, Florida Statutes, is reenacted to read:
1155 985.711 Introduction, removal, or possession of certain
1156 articles unlawful; penalty.—
1157 (1)(a) Except as authorized through program policy or
1158 operating procedure or as authorized by the facility
1159 superintendent, program director, or manager, a person may not
1160 introduce into or upon the grounds of a juvenile detention
1161 facility or commitment program, or take or send, or attempt to
1162 take or send, from a juvenile detention facility or commitment
1163 program, any of the following articles, which are declared to be
1164 contraband under this section:
1165 1. Any unauthorized article of food or clothing.
1166 2. Any intoxicating beverage or any beverage that causes or
1167 may cause an intoxicating effect.
1168 3. Any controlled substance as defined in s. 893.02(4),
1169 marijuana as defined in s. 381.986, hemp as defined in s.
1170 581.217, industrial hemp as defined in s. 1004.4473, or any
1171 prescription or nonprescription drug that has a hypnotic,
1172 stimulating, or depressing effect.
1173 4. Any firearm or weapon of any kind or any explosive
1174 substance.
1175 5. Any cellular telephone or other portable communication
1176 device as described in s. 944.47(1)(a)6., intentionally and
1177 unlawfully introduced inside the secure perimeter of any
1178 juvenile detention facility or commitment program. As used in
1179 this subparagraph, the term “portable communication device” does
1180 not include any device that has communication capabilities which
1181 has been approved or issued by the facility superintendent,
1182 program director, or manager.
1183 6. Any vapor-generating electronic device as defined in s.
1184 386.203, intentionally and unlawfully introduced inside the
1185 secure perimeter of any juvenile detention facility or
1186 commitment program.
1187 Section 10. This act shall take effect upon becoming a law.