Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1582
       
       
       
       
       
       
                                Ì737162%Î737162                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/20/2024           .                                
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       The Appropriations Committee on Health and Human Services (Davis
       and Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 770
    4  and insert:
    5         Section 10. (1) Effective upon this act becoming a law and
    6  notwithstanding any provision of s. 381.986(8)(a)2.b., Florida
    7  Statutes, to the contrary, the Department of Health must grant
    8  an applicant 90 days to cure, pursuant to the errors and
    9  omissions process established in department Form DH8035-OMMU
   10  10/2021 as incorporated by the department in rule 64ER21-16,
   11  Florida Administrative Code, any remaining deficiencies cited by
   12  the department regarding the application if the applicant:
   13         (a) Applied for a medical marijuana treatment center
   14  license during the application window created by the department
   15  to accept applications for licensure pursuant to s.
   16  381.986(8)(a)2.b., Florida Statutes; and
   17         (b) Has not been awarded a license, either from the initial
   18  application process or through the cure process established in
   19  section 2 of chapter 2023-292, Laws of Florida.
   20         (2) If the applicant cures the deficiencies within the 90
   21  day timeframe, the department must issue a medical marijuana
   22  treatment center license to the applicant.
   23         (3) For purposes of the cure process detailed in
   24  subsections (1) and (2), the department must consider all
   25  deficiencies with an applicant’s application to be cured if the
   26  sole remaining deficiency cited is a failure to meet the
   27  requirement in s. 381.986(8)(b)1., Florida Statutes.
   28         (4) If an applicant who was alive as of February 1, 2024,
   29  dies before the completion of the cure process detailed in
   30  subsections (1) and (2), the death of the applicant may not be a
   31  reason to deny the application during the cure process or any
   32  resulting legal challenges. In such case, and in the event of a
   33  successful cure or challenge, the department must issue the
   34  license to the estate of the applicant.
   35         Section 11. Except as otherwise expressly provided in this
   36  act and except for this section, which shall take effect upon
   37  this act becoming a law, this act shall take effect July 1,
   38  2024.
   39  
   40  ================= T I T L E  A M E N D M E N T ================
   41  And the title is amended as follows:
   42         Delete lines 87 - 88
   43  and insert:
   44         456.0496, F.S.; conforming cross-references; requiring
   45         the department to grant certain applicants 90 days to
   46         cure deficiencies with their medical marijuana
   47         treatment center license applications pursuant to a
   48         specified errors and omissions process; requiring the
   49         department to grant such applicants a marijuana
   50         treatment center license if they cure the deficiencies
   51         within the specified timeframe; providing
   52         construction; providing that the death of an applicant
   53         during the cure process may not be a reason to deny
   54         the application or any resulting legal challenge;
   55         requiring the department to issue the license to the
   56         estate of a deceased applicant in the event of a
   57         successful cure or legal challenge; providing
   58         effective dates.