Florida Senate - 2022                          SENATOR AMENDMENT
       Bill No. CS for SB 768
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             03/03/2022 05:14 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Between lines 243 and 244
    4  insert:
    5         (b) An applicant for licensure as a medical marijuana
    6  treatment center shall apply to the department on a form
    7  prescribed by the department and adopted in rule. The department
    8  shall adopt rules pursuant to ss. 120.536(1) and 120.54
    9  establishing a procedure for the issuance and biennial renewal
   10  of licenses, including initial application and biennial renewal
   11  fees sufficient to cover the costs of implementing and
   12  administering this section, and establishing supplemental
   13  licensure fees for payment beginning May 1, 2018, sufficient to
   14  cover the costs of administering ss. 381.989 and 1004.4351. The
   15  department shall identify applicants with strong diversity plans
   16  reflecting this state’s commitment to diversity and implement
   17  training programs and other educational programs to enable
   18  minority persons and minority business enterprises, as defined
   19  in s. 288.703, and veteran business enterprises, as defined in
   20  s. 295.187, to compete for medical marijuana treatment center
   21  licensure and contracts. Subject to the requirements in
   22  subparagraphs (a)2.-4., the department shall issue a license to
   23  an applicant if the applicant meets the requirements of this
   24  section and pays the initial application fee. The department
   25  shall renew the licensure of a medical marijuana treatment
   26  center biennially if the licensee meets the requirements of this
   27  section and pays the biennial renewal fee. However, the
   28  department may not renew the license of a medical marijuana
   29  treatment center that has not begun to cultivate, process, and
   30  dispense marijuana by the date that the medical marijuana
   31  treatment center is required to renew its license. An individual
   32  may not be an applicant, owner, officer, board member, or
   33  manager on more than one application for licensure as a medical
   34  marijuana treatment center. An individual or entity may not be
   35  awarded more than one license as a medical marijuana treatment
   36  center. An applicant for licensure as a medical marijuana
   37  treatment center must demonstrate:
   38         1. That, for the 5 consecutive years before submitting the
   39  application, the applicant has been registered to do business in
   40  the state.
   41         2. Possession of a valid certificate of registration issued
   42  by the Department of Agriculture and Consumer Services pursuant
   43  to s. 581.131.
   44         3. The technical and technological ability to cultivate and
   45  produce marijuana, including, but not limited to, low-THC
   46  cannabis.
   47         4. The ability to secure the premises, resources, and
   48  personnel necessary to operate as a medical marijuana treatment
   49  center.
   50         5. The ability to maintain accountability of all raw
   51  materials, finished products, and any byproducts to prevent
   52  diversion or unlawful access to or possession of these
   53  substances.
   54         6. An infrastructure reasonably located to dispense
   55  marijuana to registered qualified patients statewide or
   56  regionally as determined by the department.
   57         7. The financial ability to maintain operations for the
   58  duration of the 2-year approval cycle, including the provision
   59  of certified financial statements to the department.
   60         a. Upon approval, the applicant must post a $5 million
   61  performance bond issued by an authorized surety insurance
   62  company rated in one of the three highest rating categories by a
   63  nationally recognized rating service. However, a medical
   64  marijuana treatment center serving at least 1,000 qualified
   65  patients is only required to maintain a $2 million performance
   66  bond.
   67         b. In lieu of the performance bond required under sub
   68  subparagraph a., the applicant may provide an irrevocable letter
   69  of credit payable to the department or provide cash to the
   70  department. If provided with cash under this sub-subparagraph,
   71  the department shall deposit the cash in the Grants and
   72  Donations Trust Fund within the Department of Health, subject to
   73  the same conditions as the bond regarding requirements for the
   74  applicant to forfeit ownership of the funds. If the funds
   75  deposited under this sub-subparagraph generate interest, the
   76  amount of that interest shall be used by the department for the
   77  administration of this section.
   78         8. That all owners, officers, board members, and managers
   79  have passed a background screening pursuant to subsection (9).
   80         9. The employment of a medical director to supervise the
   81  activities of the medical marijuana treatment center.
   82         10. A diversity plan that promotes and ensures the
   83  involvement of minority persons and minority business
   84  enterprises, as defined in s. 288.703, or veteran business
   85  enterprises, as defined in s. 295.187, in ownership, management,
   86  and employment. An applicant for licensure renewal must show the
   87  effectiveness of the diversity plan by including the following
   88  with his or her application for renewal:
   89         a. Representation of minority persons and veterans in the
   90  medical marijuana treatment center’s workforce;
   91         b. Efforts to recruit minority persons and veterans for
   92  employment; and
   93         c. A record of contracts for services with minority
   94  business enterprises and veteran business enterprises.
   96  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   97  And the directory clause is amended as follows:
   98         Delete lines 240 - 241
   99  and insert:
  100  added to that subsection, and paragraphs (b) and (e) of
  101  subsection (8) of that section are amended, to read:
  103  ================= T I T L E  A M E N D M E N T ================
  104  And the title is amended as follows:
  105         Delete line 23
  106  and insert:
  107         licensure under certain circumstances; prohibiting the
  108         department from renewing a medical marijuana treatment
  109         center’s license under certain circumstances;
  110         authorizing the