Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 768
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2022           .                                

       The Committee on Appropriations (Rouson) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 139 and 140
    4  insert:
    5         Section 3. Effective upon this act becoming a law,
    6  paragraph (a) of subsection (8) of section 381.986, Florida
    7  Statutes, is amended to read:
    8         381.986 Medical use of marijuana.—
   10         (a) The department shall license medical marijuana
   11  treatment centers to ensure reasonable statewide accessibility
   12  and availability as necessary for qualified patients registered
   13  in the medical marijuana use registry and who are issued a
   14  physician certification under this section.
   15         1. As soon as practicable, but no later than July 3, 2017,
   16  the department shall license as a medical marijuana treatment
   17  center any entity that holds an active, unrestricted license to
   18  cultivate, process, transport, and dispense low-THC cannabis,
   19  medical cannabis, and cannabis delivery devices, under former s.
   20  381.986, Florida Statutes 2016, before July 1, 2017, and which
   21  meets the requirements of this section. In addition to the
   22  authority granted under this section, these entities are
   23  authorized to dispense low-THC cannabis, medical cannabis, and
   24  cannabis delivery devices ordered pursuant to former s. 381.986,
   25  Florida Statutes 2016, which were entered into the compassionate
   26  use registry before July 1, 2017, and are authorized to begin
   27  dispensing marijuana under this section on July 3, 2017. The
   28  department may grant variances from the representations made in
   29  such an entity’s original application for approval under former
   30  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
   31         2. The department shall license as medical marijuana
   32  treatment centers 10 applicants that meet the requirements of
   33  this section, under the following parameters:
   34         a. As soon as practicable, but no later than August 1,
   35  2017, the department shall license any applicant whose
   36  application was reviewed, evaluated, and scored by the
   37  department and which was denied a dispensing organization
   38  license by the department under former s. 381.986, Florida
   39  Statutes 2014; which had one or more administrative or judicial
   40  challenges pending as of January 1, 2017, or had a final ranking
   41  within one point of the highest final ranking in its region
   42  under former s. 381.986, Florida Statutes 2014; which meets the
   43  requirements of this section; and which provides documentation
   44  to the department that it has the existing infrastructure and
   45  technical and technological ability to begin cultivating
   46  marijuana within 30 days after registration as a medical
   47  marijuana treatment center.
   48         b. As soon as practicable, the department shall license one
   49  applicant that is a recognized class member of Pigford v.
   50  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
   51  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
   52  under this sub-subparagraph is exempt from the requirement of
   53  subparagraph (b)2. An applicant that applies for licensure under
   54  this sub-subparagraph, pays its initial application fee, is
   55  determined by the department through the application process to
   56  qualify as a recognized class member, and is not awarded a
   57  license under this sub-subparagraph may transfer its initial
   58  application fee to one subsequent opportunity to apply for
   59  licensure under subparagraph 4.
   60         c. As soon as practicable, but no later than October 3,
   61  2017, the department shall license applicants that meet the
   62  requirements of this section in sufficient numbers to result in
   63  10 total licenses issued under this subparagraph, while
   64  accounting for the number of licenses issued under sub
   65  subparagraphs a. and b.
   66         3. For up to two of the licenses issued under subparagraph
   67  2., the department shall give preference to applicants that
   68  demonstrate in their applications that they own one or more
   69  facilities that are, or were, used for the canning,
   70  concentrating, or otherwise processing of citrus fruit or citrus
   71  molasses and will use or convert the facility or facilities for
   72  the processing of marijuana.
   73         4. Within 6 months after the registration of 100,000 active
   74  qualified patients in the medical marijuana use registry, the
   75  department shall license four additional medical marijuana
   76  treatment centers that meet the requirements of this section.
   77  Thereafter, the department shall license four medical marijuana
   78  treatment centers within 6 months after the registration of each
   79  additional 100,000 active qualified patients in the medical
   80  marijuana use registry that meet the requirements of this
   81  section.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete line 19
   86  and insert:
   87         shelters; amending s. 381.986, F.S.; authorizing
   88         certain applicants for medical marijuana treatment
   89         center licenses to transfer their initial application
   90         fee to one subsequent opportunity to apply for
   91         licensure under certain circumstances; authorizing the