Florida Senate - 2026 SB 902
By Senator Garcia
36-00592C-26 2026902__
1 A bill to be entitled
2 An act relating to the Department of Health; amending
3 s. 381.4019, F.S.; revising the definition of the term
4 “dental health professional shortage area”; defining
5 the term “low-income”; deleting the definition of the
6 term “medically underserved area”; revising
7 eligibility requirements for dentists and dental
8 hygienists participating in the Dental Student Loan
9 Repayment Program; amending s. 381.986, F.S.; revising
10 the definition of the term “low-THC cannabis”;
11 revising requirements for department approval of
12 qualified physicians and medical directors of medical
13 marijuana treatment centers; deleting obsolete
14 language; prohibiting medical marijuana treatment
15 center cultivating, processing, or dispensing
16 facilities from being located within a specified
17 distance of parks, child care facilities, or
18 facilities providing early learning services;
19 authorizing counties and municipalities to approve a
20 dispensing facility within such distance under certain
21 circumstances; providing that the subsequent
22 establishment of any park, child care facility, early
23 learning facility, or school after the approval of a
24 medical marijuana treatment center’s cultivating,
25 processing, or dispensing facility does not affect the
26 continued operation or location of the approved
27 cultivating, processing, or dispensing facility;
28 exempting cultivating, processing, or dispensing
29 facilities approved before a specified date from such
30 distance requirements; amending s. 391.308, F.S.;
31 revising duties of the department in administering the
32 Early Steps Program; revising provisions related to
33 transitioning children from the Early Steps Program to
34 school district programs; amending s. 391.3081, F.S.;
35 revising provisions relating to the Early Steps
36 Extended Option to conform to changes made by the act;
37 amending s. 456.074, F.S.; requiring the department to
38 issue an emergency order suspending the license of a
39 health care practitioner arrested for committing or
40 attempting, soliciting, or conspiring to commit murder
41 in this state or another jurisdiction; amending s.
42 1004.551, F.S.; revising requirements for the micro
43 credential component of specialized training provided
44 by the University of Florida Center for Autism and
45 Neurodevelopment; providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Paragraphs (a) and (e) of subsection (1),
50 paragraphs (a) and (b) of subsection (2), and paragraph (b) of
51 subsection (4) of section 381.4019, Florida Statutes, are
52 amended to read:
53 381.4019 Dental Student Loan Repayment Program.—The Dental
54 Student Loan Repayment Program is established to support the
55 state Medicaid program and promote access to dental care by
56 supporting qualified dentists and dental hygienists who treat
57 medically underserved populations in dental health professional
58 shortage areas or medically underserved areas.
59 (1) As used in this section, the term:
60 (a) “Dental health professional shortage area” means a
61 geographic area, an area with a special population, or a
62 facility designated as such by the Health Resources and Services
63 Administration of the United States Department of Health and
64 Human Services.
65 (e) “Low-income,” with respect to a person, means a person
66 who meets the criteria specified in s. 766.1115(3)(e) “Medically
67 underserved area” means a geographic area, an area having a
68 special population, or a facility which is designated by
69 department rule as a health professional shortage area as
70 defined by federal regulation and which has a shortage of dental
71 health professionals who serve Medicaid recipients and other
72 low-income patients.
73 (2) The department shall establish a dental student loan
74 repayment program to benefit Florida-licensed dentists and
75 dental hygienists who:
76 (a) Demonstrate, as required by department rule, active
77 employment in a public health program or private practice that
78 serves Medicaid recipients and other low-income patients and is
79 located in a dental health professional shortage area or a
80 medically underserved area; and
81 (b) Volunteer 25 hours per year providing dental services
82 in a free clinic that is located in a dental health professional
83 shortage area or a medically underserved area, through another
84 volunteer program operated under by the state pursuant to part
85 IV of chapter 110, or through a pro bono program approved by the
86 Board of Dentistry. In order to meet the requirements of this
87 paragraph, the volunteer hours must be verifiable in a manner
88 determined by the department.
89 (4) A dentist or dental hygienist is not eligible to
90 receive funds under the loan program if the dentist or dental
91 hygienist:
92 (b) Ceases to provide services to low-income patients
93 participate in the Florida Medicaid program.
94 Section 2. Paragraph (f) of subsection (1), paragraphs (a)
95 and (c) of subsection (3), paragraph (h) of subsection (4),
96 paragraph (a) of subsection (8), and paragraphs (a) and (c) of
97 subsection (11) of section 381.986, Florida Statutes, are
98 amended to read:
99 381.986 Medical use of marijuana.—
100 (1) DEFINITIONS.—As used in this section, the term:
101 (f) “Low-THC cannabis” means a plant of the genus Cannabis,
102 whether growing or not the dried flowers of which contain 0.8
103 percent or less of tetrahydrocannabinol and more than 10 percent
104 of cannabidiol weight for weight; the seeds thereof; the resin
105 extracted from any part of such plant; and every or any
106 compound, manufacture, salt, derivative, mixture, or preparation
107 of such plant or its seeds or resin, excluding edibles; which
108 contains 0.8 percent or less of tetrahydrocannabinol and 2
109 percent cannabidiol, weight for weight, which that is dispensed
110 from a medical marijuana treatment center.
111 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
112 (a) Before being approved as a qualified physician and
113 before each license renewal, a physician must successfully
114 complete a 2-hour course and subsequent examination offered by
115 the Florida Medical Association or the Florida Osteopathic
116 Medical Association which encompass the requirements of this
117 section and any rules adopted hereunder. Qualified physicians
118 must renew the course certification biennially. The course and
119 examination must be administered at least annually and may be
120 offered in a distance learning format, including an electronic,
121 online format that is available upon request. The price of the
122 course may not exceed $500.
123 (c) Before being employed as a medical director and before
124 each license renewal, a medical director must successfully
125 complete a 2-hour course and subsequent examination offered by
126 the Florida Medical Association or the Florida Osteopathic
127 Medical Association which encompass the requirements of this
128 section and any rules adopted hereunder. Medical directors must
129 renew the course certification biennially. The course and
130 examination must be administered at least annually and may be
131 offered in a distance learning format, including an electronic,
132 online format that is available upon request. The price of the
133 course may not exceed $500.
134 (4) PHYSICIAN CERTIFICATION.—
135 (h) An active order for low-THC cannabis or medical
136 cannabis issued pursuant to former s. 381.986, Florida Statutes
137 2016, and registered with the compassionate use registry before
138 June 23, 2017, is deemed a physician certification, and all
139 patients possessing such orders are deemed qualified patients
140 until the department begins issuing medical marijuana use
141 registry identification cards.
142 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
143 (a) The department shall license medical marijuana
144 treatment centers to ensure reasonable statewide accessibility
145 and availability as necessary for qualified patients registered
146 in the medical marijuana use registry and who are issued a
147 physician certification under this section.
148 1. As soon as practicable, but no later than July 3, 2017,
149 the department shall license as a medical marijuana treatment
150 center any entity that holds an active, unrestricted license to
151 cultivate, process, transport, and dispense low-THC cannabis,
152 medical cannabis, and cannabis delivery devices, under former s.
153 381.986, Florida Statutes 2016, before July 1, 2017, and which
154 meets the requirements of this section. In addition to the
155 authority granted under this section, these entities are
156 authorized to dispense low-THC cannabis, medical cannabis, and
157 cannabis delivery devices ordered pursuant to former s. 381.986,
158 Florida Statutes 2016, which were entered into the compassionate
159 use registry before July 1, 2017, and are authorized to begin
160 dispensing marijuana under this section on July 3, 2017. The
161 department may grant variances from the representations made in
162 such an entity’s original application for approval under former
163 s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
164 2. The department shall license as medical marijuana
165 treatment centers 10 applicants that meet the requirements of
166 this section, under the following parameters:
167 a. As soon as practicable, but no later than August 1,
168 2017, the department shall license any applicant whose
169 application was reviewed, evaluated, and scored by the
170 department and which was denied a dispensing organization
171 license by the department under former s. 381.986, Florida
172 Statutes 2014; which had one or more administrative or judicial
173 challenges pending as of January 1, 2017, or had a final ranking
174 within one point of the highest final ranking in its region
175 under former s. 381.986, Florida Statutes 2014; which meets the
176 requirements of this section; and which provides documentation
177 to the department that it has the existing infrastructure and
178 technical and technological ability to begin cultivating
179 marijuana within 30 days after registration as a medical
180 marijuana treatment center.
181 b. As soon as practicable, the department shall license one
182 applicant that is a recognized class member of Pigford v.
183 Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
184 Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
185 under this sub-subparagraph is exempt from the requirement of
186 subparagraph (b)2. An applicant that applies for licensure under
187 this sub-subparagraph, pays its initial application fee, is
188 determined by the department through the application process to
189 qualify as a recognized class member, and is not awarded a
190 license under this sub-subparagraph may transfer its initial
191 application fee to one subsequent opportunity to apply for
192 licensure under subparagraph 4.
193 c. As soon as practicable, but no later than October 3,
194 2017, the department shall license applicants that meet the
195 requirements of this section in sufficient numbers to result in
196 10 total licenses issued under this subparagraph, while
197 accounting for the number of licenses issued under sub
198 subparagraphs a. and b.
199 3. For up to two of the licenses issued under subparagraph
200 2., the department shall give preference to applicants that
201 demonstrate in their applications that they own one or more
202 facilities that are, or were, used for the canning,
203 concentrating, or otherwise processing of citrus fruit or citrus
204 molasses and will use or convert the facility or facilities for
205 the processing of marijuana.
206 4. Within 6 months after the registration of 100,000 active
207 qualified patients in the medical marijuana use registry, the
208 department shall license four additional medical marijuana
209 treatment centers that meet the requirements of this section.
210 Thereafter, the department shall license four medical marijuana
211 treatment centers within 6 months after the registration of each
212 additional 100,000 active qualified patients in the medical
213 marijuana use registry that meet the requirements of this
214 section.
215 (11) PREEMPTION.—Regulation of cultivation, processing, and
216 delivery of marijuana by medical marijuana treatment centers is
217 preempted to the state except as provided in this subsection.
218 (a) A medical marijuana treatment center cultivating or
219 processing facility may not be located within 500 feet of the
220 real property that comprises a park as defined in s. 775.215(1),
221 a child care facility as defined in s. 402.302, a facility that
222 provides early learning services as specified in s. 1000.04(1),
223 or a public or private elementary school, middle school, or
224 secondary school. The subsequent establishment of any such park,
225 child care facility, early learning facility, or school after
226 the approval of the medical marijuana treatment center
227 cultivating or processing facility does not affect the continued
228 operation or location of the approved cultivating or processing
229 facility. A medical marijuana treatment center cultivating or
230 processing facility that was approved by the department before
231 July 1, 2026, is exempt from the distance restrictions from a
232 park, child care facility, or early learning facility.
233 (c) A medical marijuana treatment center dispensing
234 facility may not be located within 500 feet of the real property
235 that comprises a park as defined in s. 775.215(1), a child care
236 facility as defined in s. 402.302, a facility that provides
237 early learning services as specified in s. 1000.04(1), or a
238 public or private elementary school, middle school, or secondary
239 school unless the county or municipality approves the location
240 through a formal proceeding open to the public at which the
241 county or municipality determines that the location promotes the
242 public health, safety, and general welfare of the community. The
243 subsequent establishment of any such park, child care facility,
244 early learning facility, or school after the approval of the
245 medical marijuana treatment center dispensing facility does not
246 affect the continued operation or location of the approved
247 dispensing facility. A medical marijuana treatment center
248 dispensing facility that was approved by the department before
249 July 1, 2026, is exempt from the distance restrictions from a
250 park, child care facility, or early learning facility.
251 Section 3. Paragraphs (a) and (j) of subsection (2) and
252 paragraphs (a) and (b) of subsection (7) of section 391.308,
253 Florida Statutes, are amended to read:
254 391.308 Early Steps Program.—The department shall implement
255 and administer part C of the federal Individuals with
256 Disabilities Education Act (IDEA), which shall be known as the
257 “Early Steps Program.”
258 (2) DUTIES OF THE DEPARTMENT.—The department shall:
259 (a) Annually prepare a grant application to the Federal
260 Government requesting the United States Department of Education
261 for funding for early intervention services for infants and
262 toddlers with disabilities and their families pursuant to part C
263 of the federal Individuals with Disabilities Education Act.
264 (j) Establish procedures for dispute resolution and
265 mediation as outlined in part C of the federal Individuals with
266 Disabilities Education Act Provide a mediation process and if
267 necessary, an appeals process for applicants found ineligible
268 for developmental evaluation or early intervention services or
269 denied financial support for such services.
270 (7) TRANSITION TO EDUCATION.—
271 (a) The department shall establish statewide uniform
272 protocols and procedures for transition to a school district
273 program for children with disabilities or to another program as
274 part of an individual family support plan pursuant to part C of
275 the federal Individuals with Disabilities Education Act At least
276 90 days before a child reaches 3 years of age, the local program
277 office shall initiate transition planning to ensure the child’s
278 successful transition from the Early Steps Program to a school
279 district program for children with disabilities or to another
280 program as part of an individual family support plan.
281 (b) At least 90 days before a child reaches 3 years of age,
282 the local program office shall:
283 1. Notify the local school district in which the child
284 resides and the Department of Education that the child may be
285 eligible for special education or related services as determined
286 by the local school district pursuant to ss. 1003.21 and
287 1003.57, unless the child’s parent or legal guardian has opted
288 out of such notification; and
289 2. Upon approval by the child’s parent or legal guardian,
290 convene a transition conference that includes participation of a
291 local school district representative and the parent or legal
292 guardian to discuss options for and availability of services.
293 Section 4. Subsection (5) of section 391.3081, Florida
294 Statutes, is amended to read:
295 391.3081 Early Steps Extended Option.—
296 (5) TRANSITION TO EDUCATION.—The department shall establish
297 statewide uniform protocols and procedures for transition to a
298 school district program for children with disabilities or to
299 another program as part of an individual family support plan
300 pursuant to part C of the federal Individuals with Disabilities
301 Education Act.
302 (a) At least 90 days before the beginning of the school
303 year following the fourth birthday of a child enrolled in the
304 Early Steps Extended Option, the local program office shall
305 initiate transition planning to ensure the child’s successful
306 transition from the Early Steps Extended Option to a school
307 district program under part B of the federal Individuals with
308 Disabilities Education Act or to another program as part of an
309 individual family support plan. Specifically, the local program
310 office shall:
311 1. Notify the Department of Education and the local school
312 district in which the child resides that the eligible child is
313 exiting the Early Steps Extended Option, unless the child’s
314 parent or legal guardian has opted out of such notification; and
315 2. Upon approval by the child’s parent or legal guardian,
316 convene a transition conference that includes participation of a
317 local school district representative and the parent or legal
318 guardian to discuss options for and availability of services.
319 (b) The local program office, in conjunction with the local
320 school district, shall modify a child’s individual family
321 support plan, or, if applicable, the local school district shall
322 develop or review an individual education plan for the child
323 pursuant to ss. 1003.57, 1003.571, and 1003.5715 which
324 identifies special education or related services that the child
325 will receive and the providers or agencies that will provide
326 such services.
327 (c) If a child is found to be no longer eligible for part B
328 of the federal Individuals with Disabilities Education Act
329 during the review of an individual education plan, the local
330 program office and the local school district must provide the
331 child’s parent or legal guardian with written information on
332 other available services or community resources.
333 Section 5. Present paragraphs (d) through (hh) of
334 subsection (5) of section 456.074, Florida Statutes, are
335 redesignated as paragraphs (e) through (ii), respectively, and a
336 new paragraph (d) is added to that subsection, to read:
337 456.074 Certain health care practitioners; immediate
338 suspension of license.—
339 (5) The department shall issue an emergency order
340 suspending the license of any health care practitioner who is
341 arrested for committing or attempting, soliciting, or conspiring
342 to commit any act that would constitute a violation of any of
343 the following criminal offenses in this state or similar
344 offenses in another jurisdiction:
345 (d) Section 782.04, relating to murder.
346 Section 6. Paragraph (f) of subsection (1) of section
347 1004.551, Florida Statutes, is amended to read:
348 1004.551 University of Florida Center for Autism and
349 Neurodevelopment.—There is created at the University of Florida
350 the Center for Autism and Neurodevelopment.
351 (1) The center shall:
352 (f) Develop an autism micro-credential to provide
353 specialized training in supporting students with autism.
354 1. The micro-credential must be stackable with the autism
355 endorsement and be available to:
356 a. Instructional personnel as defined in s. 1012.01(2);
357 b. Prekindergarten instructors as specified in ss. 1002.55,
358 1002.61, and 1002.63; and
359 c. Child care personnel as defined in ss. 402.302(3) and
360 1002.88(1)(e).
361 d. Early intervention service providers credentialed
362 through the Early Steps Program.
363 2. The micro-credential must require participants to
364 demonstrate competency in:
365 a. Identifying behaviors associated with autism.
366 b. Supporting the learning environment in both general and
367 specialized classroom settings.
368 c. Promoting the use of assistive technologies.
369 d. Applying evidence-based instructional practices.
370 3. The micro-credential must:
371 a. Be provided at no cost to eligible participants.
372 b. Be competency-based, allowing participants to complete
373 the credentialing process either in person or online.
374 c. Permit participants to receive the micro-credential at
375 any time during training once competency is demonstrated.
376 4. Individuals eligible under subparagraph 1. who complete
377 the micro-credential are eligible for a one-time stipend, as
378 determined in the General Appropriations Act. The center shall
379 administer stipends for the micro-credential.
380 Section 7. This act shall take effect July 1, 2026.