Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. SB 460
       
       
       
       
       
       
                                Ì8117644Î811764                         
       
                              LEGISLATIVE ACTION                        
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       Senator Clemens moved the following:
       
    1         Senate Amendment to Amendment (369986) (with title
    2  amendment)
    3  
    4         Delete lines 215 - 596
    5  and insert:
    6         (5) DUTIES AND POWERS OF THE DEPARTMENT.—By January 1,
    7  2015, The department shall:
    8         (a) The department shall create a secure, electronic, and
    9  online compassionate use registry for the registration of
   10  physicians and patients as provided under this section. The
   11  registry must be accessible to law enforcement agencies and to a
   12  dispensing organization in order to verify patient authorization
   13  for low-THC cannabis and record the low-THC cannabis dispensed.
   14  The registry must prevent an active registration of a patient by
   15  multiple physicians.
   16         (b)1.Beginning July 8, 2016, the department shall accept
   17  applications for licensure as dispensing organizations. A
   18  dispensing organization may be licensed to cultivate or process
   19  low-THC cannabis or low-THC cannabis products or dispense low
   20  THC cannabis or low-THC cannabis products through a dispensing
   21  facility. A dispensing organization may be licensed to conduct
   22  one or more of these activities. The department shall review
   23  each application to determine whether the applicant meets the
   24  criteria in subsection (6) and qualifies for licensure.
   25         2. Within 10 days after receiving an application for
   26  licensure, the department shall examine the application, notify
   27  the applicant of any apparent errors or omissions, and request
   28  any additional information the department is allowed by law to
   29  require. An application for licensure must be filed with the
   30  department no later than 5 p.m. on August 1, 2016, and all
   31  applications must be complete no later than 5 p.m. on August 30,
   32  2016.
   33         3. Once licensed, applicants may operate in any region in
   34  the state, but a dispensing organization licensed to cultivate
   35  or process low-THC cannabis may not have cultivation or
   36  processing facilities outside the region in which it is
   37  licensed.
   38         4.The department shall license a selected applicant unless
   39  the applicant fails to pay the licensure fee within 10 days
   40  after selection.
   41         5.This section is exempt from s. 120.60(1) Authorize the
   42  establishment of five dispensing organizations to ensure
   43  reasonable statewide accessibility and availability as necessary
   44  for patients registered in the compassionate use registry and
   45  who are ordered low-THC cannabis under this section, one in each
   46  of the following regions: northwest Florida, northeast Florida,
   47  central Florida, southeast Florida, and southwest Florida.
   48         (c) The department shall use develop an application form
   49  that requires the applicant to state, as applicable:
   50         1. Whether the application is for initial licensure or
   51  renewal licensure;
   52         2. Whether the application is for licensure as a
   53  cultivator, processor, or dispenser of low-THC cannabis;
   54         3. The name, the physical address, and the mailing address
   55  of the applicant;
   56         4. For a cultivating or processing license, the address
   57  listed on the Department of Agriculture and Consumer Services
   58  certificate of registration required in paragraph (6)(b);
   59         5. The name, address, license number, and contact
   60  information for the applicant’s medical director; and
   61         6. All information required to be included by subsection
   62  (6).
   63         (d) The department shall and impose an initial application
   64  fee of $10,000, an initial licensure fee of $25,000, and a
   65  biennial renewal fee of $25,000 that is sufficient to cover the
   66  costs of administering this section. An applicant for approval
   67  as a dispensing organization must be able to demonstrate:
   68         1. The technical and technological ability to cultivate and
   69  produce low-THC cannabis. The applicant must possess a valid
   70  certificate of registration issued by the Department of
   71  Agriculture and Consumer Services pursuant to s. 581.131 that is
   72  issued for the cultivation of more than 400,000 plants, be
   73  operated by a nurseryman as defined in s. 581.011, and have been
   74  operated as a registered nursery in this state for at least 30
   75  continuous years.
   76         2. The ability to secure the premises, resources, and
   77  personnel necessary to operate as a dispensing organization.
   78         3. The ability to maintain accountability of all raw
   79  materials, finished products, and any byproducts to prevent
   80  diversion or unlawful access to or possession of these
   81  substances.
   82         4. An infrastructure reasonably located to dispense low-THC
   83  cannabis to registered patients statewide or regionally as
   84  determined by the department.
   85         5. The financial ability to maintain operations for the
   86  duration of the 2-year approval cycle, including the provision
   87  of certified financials to the department. Upon approval, the
   88  applicant must post a $5 million performance bond.
   89         6. That all owners and managers have been fingerprinted and
   90  have successfully passed a level 2 background screening pursuant
   91  to s. 435.04.
   92         7. The employment of a medical director who is a physician
   93  licensed under chapter 458 or chapter 459 to supervise the
   94  activities of the dispensing organization.
   95         (e) The department shall inspect each dispensing
   96  organization’s properties, cultivation facilities, processing
   97  facilities, or dispensing facilities according to its licensure
   98  before they begin operations and at least once every 2 years
   99  thereafter. The department may conduct additional announced or
  100  unannounced inspections, including followup inspections, at
  101  reasonable hours in order to ensure that such properties or
  102  facilities maintain compliance with all applicable requirements
  103  in subsections (6) and (7) and to ensure that the dispensing
  104  organization has not committed any act that would endanger the
  105  health, safety, or security of a qualified patient, a dispensing
  106  organization staff member, or the community in which the
  107  dispensing organization is located. Licensure under this section
  108  constitutes permission for the department to enter and inspect
  109  the premises or facilities of any dispensing organization. A
  110  dispensing organization must make all facility premises,
  111  equipment, documents, low-THC cannabis, and low-THC cannabis
  112  products available, as applicable, to the department upon
  113  inspection. The department may test any low-THC cannabis or low
  114  THC cannabis product in order to ensure that it is safe for
  115  human consumption and that it meets the requirements in this
  116  section.
  117         (f)The department may suspend or revoke a license, deny or
  118  refuse to renew a license, or impose an administrative penalty
  119  not to exceed $10,000 for the following acts or omissions:
  120         1.Violating this section, s. 499.0295, or department rule.
  121         2.Failing to maintain qualifications for licensure.
  122         3.Endangering the health, safety, or security of a
  123  qualified patient.
  124         4.Improperly disclosing personal and confidential
  125  information of a qualified patient.
  126         5.Attempting to procure a license by bribery or fraudulent
  127  misrepresentation.
  128         6.Being convicted or found guilty of, or entering a plea
  129  of nolo contendere to, regardless of adjudication, a crime in
  130  any jurisdiction which directly relates to the business of a
  131  dispensing organization.
  132         7.Making or filing a report or record that the licensee
  133  knows to be false.
  134         8.Willfully failing to maintain a record required by this
  135  section or department rule.
  136         9.Willfully impeding or obstructing an employee or agent
  137  of the department in the furtherance of his or her official
  138  duties.
  139         10.Engaging in fraud or deceit, negligence, incompetence,
  140  or misconduct in the business practices of a licensee.
  141         11.Making misleading, deceptive, or fraudulent
  142  representations in or related to the business practices of a
  143  licensee.
  144         12.Having a license or the authority to engage in any
  145  regulated profession, occupation, or business that is related to
  146  the business practices of a dispensing organization revoked,
  147  suspended, or otherwise acted against, including the denial of
  148  licensure, by the licensing authority of any jurisdiction,
  149  including its agencies or subdivisions, for a violation that
  150  would constitute a violation under state law. A licensing
  151  authority’s acceptance of a relinquishment of licensure or a
  152  stipulation, consent order, or other settlement, offered in
  153  response to or in anticipation of the filing of charges against
  154  the license, shall be construed as an action against the
  155  license.
  156         13.Violating a lawful order of the department or an agency
  157  of the state, or failing to comply with a lawfully issued
  158  subpoena of the department or an agency of the state.
  159         (g) The department shall create a permitting process for
  160  all dispensing organization vehicles used for the transportation
  161  of low-THC cannabis or low-THC cannabis products.
  162         (h)(c)The department shall monitor physician registration
  163  and ordering of low-THC cannabis for ordering practices that
  164  could facilitate unlawful diversion or misuse of low-THC
  165  cannabis and take disciplinary action as indicated.
  166         (i)(d)The department shall adopt rules as necessary to
  167  implement this section.
  168         (6) DISPENSING ORGANIZATION.—
  169         (a)An applicant seeking licensure as a dispensing
  170  organization, or the renewal of its license, must submit an
  171  application to the department. An applicant may seek licensure
  172  as a dispensing organization to cultivate, process, or dispense
  173  low-THC cannabis. Each function of the dispensing organization
  174  requires separate licensure; however, an applicant may seek
  175  licensure for more than one function. The department must review
  176  all applications for completeness, including an appropriate
  177  inspection of the applicant’s property or facilities, as
  178  applicable, to verify the authenticity of the information
  179  provided in, or in connection with, the application. An
  180  applicant authorizes the department to inspect his or her
  181  property or facilities for licensure by applying under this
  182  subsection.
  183         (b) In order to receive, maintain, or renew licensure as a
  184  dispensing organization, an applicant must provide proof that:
  185         1.For a cultivating or processing license, the applicant,
  186  or a separate entity that is owned solely by the same persons or
  187  entities in the same ratio as the applicant, possesses a valid
  188  certificate of registration issued by the Department of
  189  Agriculture and Consumer Services pursuant to s. 581.131 for the
  190  cultivation of more than 400,000 plants.
  191         2. For a cultivating or processing license, the personnel
  192  on staff or under contract for the applicant have experience
  193  cultivating and introducing multiple varieties of plants in this
  194  state, including plants that are not native to Florida;
  195  experience with propagating plants; and experience with genetic
  196  modification or breeding of plants.
  197         3. For a cultivating or processing license, the personnel
  198  on staff or under contract for the applicant include at least
  199  one person who:
  200         a. Has at least 5 years’ experience with the United States
  201  Department of Agriculture Good Agricultural Practices and Good
  202  Handling Practices;
  203         b. Has at least 5 years’ experience with the United States
  204  Food and Drug Administration Current Good Manufacturing
  205  Practices for food production;
  206         c. Has a doctorate degree in organic chemistry or
  207  microbiology;
  208         d. Has at least 5 years’ of experience with laboratory
  209  procedures which includes analytical laboratory quality control
  210  measures, chain of custody procedures, and analytical laboratory
  211  methods;
  212         e. Has experience with cannabis cultivation and processing,
  213  including cannabis extraction techniques and producing cannabis
  214  products;
  215         f. Has experience and qualifications in chain of custody or
  216  other tracking mechanisms;
  217         g. Works solely on inventory control; and
  218         h. Works solely for security purposes.
  219         4. The persons who have a direct or indirect interest in
  220  any dispensing organization and the applicant’s managers,
  221  employees, and contractors who directly interact with low-THC
  222  cannabis or low-THC cannabis products have been fingerprinted
  223  and have successfully passed a level 2 background screening
  224  pursuant to s. 435.04.
  225         5. For a cultivating or processing license, the applicant
  226  owns, or has at least a 2-year lease of, all properties,
  227  facilities, and equipment necessary for the cultivation and
  228  processing of low-THC cannabis. The applicant must provide a
  229  detailed description of each facility and its equipment, a
  230  cultivation and processing plan, and a detailed floor plan. The
  231  description must include proof that:
  232         a. The applicant is capable of cultivating and processing
  233  sufficient low-THC cannabis or low-THC cannabis product to serve
  234  at least 15,000 patients with an assumed daily use of 1,000 mg
  235  per patient per day of low-THC cannabis or low-THC cannabis
  236  product;
  237         b. The applicant has arranged for access to all utilities
  238  and resources necessary to cultivate or process low-THC cannabis
  239  at each listed facility; and
  240         c. Each facility is secured and has theft-prevention
  241  systems, including an alarm system, cameras, and 24-hour
  242  security personnel.
  243         6. The applicant has diversion and tracking prevention
  244  procedures, as applicable, including:
  245         a. A system for tracking low-THC material through
  246  cultivation, processing, or dispensing, including the use of
  247  batch and harvest numbers;
  248         b. An inventory control system for low-THC cannabis and
  249  low-THC cannabis products;
  250         c. A vehicle tracking and security system; and
  251         d. A cannabis waste disposal plan.
  252         7. The applicant has recordkeeping policies and procedures
  253  in place.
  254         8. The applicant has a facility emergency management plan.
  255         9. For a dispensing license, the applicant has a plan for
  256  dispensing low-THC cannabis throughout the state. This plan must
  257  include planned dispensing facilities and a delivery plan for
  258  providing low-THC cannabis and low-THC cannabis products to
  259  qualified patients who cannot travel to a dispensing facility.
  260         10. The applicant has financial documentation, as
  261  applicable, including:
  262         a. Documentation that demonstrates the applicant’s
  263  financial ability to operate. If the applicant’s assets, credit,
  264  and projected revenues meet or exceed projected liabilities and
  265  expenses and the applicant provides independent evidence that
  266  the funds necessary for startup costs, working capital, and
  267  contingency financing exist and are available as needed, the
  268  applicant has demonstrated the financial ability to operate.
  269  Financial ability to operate must be documented by:
  270         I. The applicant’s audited financial statements. If the
  271  applicant is a newly formed entity and does not have a financial
  272  history of business upon which audited financial statements may
  273  be submitted, the applicant must provide audited financial
  274  statements for the separate entity that is owned solely by the
  275  same persons or entities in the same ratio as the applicant;
  276         II.The applicant’s projected financial statements,
  277  including a balance sheet, an income and expense statement, and
  278  a statement of cash flow for the first 2 years of operation,
  279  which provide evidence that the applicant has sufficient assets,
  280  credit, and projected revenues to cover liabilities and
  281  expenses; and
  282         III.A statement of the applicant’s estimated startup costs
  283  and sources of funds, including a break-even projection and
  284  documentation demonstrating that the applicant has the ability
  285  to fund all startup costs, working capital costs, and
  286  contingency financing requirements.
  287  
  288  All documents required under this sub-subparagraph shall be
  289  prepared in accordance with generally accepted accounting
  290  principles and signed by a certified public accountant. The
  291  statements required by sub-sub-subparagraphs II. and III. may be
  292  presented as a compilation;
  293         b.A list of all subsidiaries of the applicant;
  294         c.A list of all lawsuits pending and completed within the
  295  past 7 years of which the applicant was a party; and
  296         d.Proof of a $1 million performance and compliance bond,
  297  or other equivalent means of security deemed equivalent by the
  298  department, such as an irrevocable letter of credit or a deposit
  299  in a trust account or financial institution, payable to the
  300  department, which must be posted once the applicant is approved
  301  as a dispensing organization. The purpose of the bond is to
  302  secure payment of any administrative penalties imposed by the
  303  department and any fees and costs incurred by the department
  304  regarding the dispensing organization license, such as the
  305  dispensing organization failing to pay 30 days after the fine or
  306  costs become final. The department may make a claim against such
  307  bond or security until 1 year after the dispensing
  308  organization’s license ceases to be valid or until 60 days after
  309  any administrative or legal proceeding authorized in this
  310  section involving the dispensing organization concludes,
  311  including any appeal, whichever occurs later.
  312         11. The employment of a medical director who is a physician
  313  licensed under chapter 458 or chapter 459 to supervise the
  314  activities of the dispensing organization.
  315         (c) An approved dispensing organization shall maintain
  316  compliance with the criteria in paragraphs (b), (d), and (e) and
  317  subsection (7) demonstrated for selection and approval as a
  318  dispensing organization under subsection (5) at all times.
  319  Before dispensing low-THC cannabis or low-THC cannabis products
  320  to a qualified patient or to the qualified patient’s legal
  321  representative, the dispensing organization shall verify the
  322  identity of the qualified patient or the qualified patient’s
  323  legal representative by requiring the qualified patient or the
  324  qualified patient’s legal representative to produce a
  325  government-issued identification card and shall verify that the
  326  qualified patient and the qualified patient’s legal
  327  representative have has an active registration in the
  328  compassionate use registry, that the order presented matches the
  329  order contents as recorded in the registry, and that the order
  330  has not already been filled. Upon dispensing the low-THC
  331  cannabis or low-THC cannabis products, the dispensing
  332  organization shall record in the registry the date, time,
  333  quantity, and form of low-THC cannabis dispensed.
  334         (d)1. A dispensing organization may have cultivation
  335  facilities, processing facilities, or dispensing facilities.
  336         2. A municipality must determine by ordinance the criteria
  337  for the number and location of, and other permitting
  338  requirements for, all dispensing facilities located within its
  339  municipal boundaries. A dispensing facility may be established
  340  in a municipality only after such an ordinance has been created.
  341  A county must determine by ordinance the criteria for the
  342  number, location, and other permitting requirements for all
  343  dispensing facilities located within the unincorporated areas of
  344  that county. A dispensing facility may be established in the
  345  unincorporated areas of a county only after such an ordinance
  346  has been created. Dispensing facilities must have all utilities
  347  and resources necessary to store and dispense low-THC cannabis
  348  and low-THC cannabis products. Dispensing facilities must be
  349  secured and have theft-prevention systems, including an alarm
  350  system, cameras, and 24-hour security personnel. Dispensing
  351  facilities may not sell, or contract for the sale of, anything
  352  other than low-THC cannabis or low-THC cannabis products on the
  353  property of the dispensing facilities. Before a dispensing
  354  facility may dispense low-THC cannabis or a low-THC cannabis
  355  product, the dispensing organization must have a computer
  356  network compliant with the federal Health Insurance Portability
  357  and Accountability Act of 1996 which can access and upload data
  358  to the compassionate use registry and which shall be used by all
  359  dispensing facilities.
  360         (e) Within 15 days after such information becoming
  361  available, a dispensing organization must provide the department
  362  with updated information, as applicable, including:
  363         1. The location and a detailed description of any new or
  364  proposed facility.
  365         2. The updated contact information, including electronic
  366  and voice communication, for all dispensing organization
  367  facilities.
  368         3. The registration information for any vehicle used for
  369  the transportation of low-THC cannabis and low-THC cannabis
  370  products, including confirmation that all such vehicles have
  371  tracking and security systems.
  372         4. A plan for the recall of any or all low-THC cannabis or
  373  low-THC cannabis products.
  374         (f)1. A dispensing organization may transport low-THC
  375  cannabis or low-THC cannabis products in a vehicle departing
  376  from its place of business only in a vehicle that is owned or
  377  leased by the licensee or by a person designated by the
  378  dispensing organization, and for which a valid vehicle permit
  379  has been issued for such vehicle by the department.
  380         2.A vehicle owned or leased by the dispensing
  381  organization, or by a person designated by the dispensing
  382  organization and approved by the department, must be operated by
  383  a person designated by the dispensing organization and approved
  384  by the department when transporting low-THC cannabis or low-THC
  385  products from the licensee’s place of business.
  386         3.A vehicle permit may be obtained by a dispensing
  387  organization upon application and payment of a fee of $5 per
  388  vehicle to the department. The signature of the person
  389  designated by the dispensing organization to drive the vehicle
  390  must be included on the vehicle permit application. Such permit
  391  remains valid and does not expire unless the licensee or any
  392  person designated by the dispensing organization disposes of his
  393  or her vehicle, or the licensee’s license is transferred,
  394  canceled, not renewed, or is revoked by the department,
  395  whichever occurs first. The department shall cancel a vehicle
  396  permit upon request of the licensee or owner of the vehicle.
  397         4.By acceptance of a license issued under this section,
  398  the licensee agrees that the permitted vehicle is, at all times
  399  it is being used to transport low-THC cannabis or low-THC
  400  cannabis products, subject to inspection and search without a
  401  search warrant by authorized employees of the department,
  402  sheriffs, deputy sheriffs, police officers, or other law
  403  enforcement officers to determine that the licensee is
  404  transporting such products in compliance with this section.
  405         (7)TESTING AND LABELING OF LOW-THC CANNABIS.—
  406         (a)All low-THC cannabis and low-THC cannabis products must
  407  be tested by an independent testing laboratory before the
  408  dispensing organization may dispense them. The independent
  409  testing laboratory shall provide the dispensing organization
  410  with lab results. Before dispensing, the dispensing organization
  411  must determine that the lab results indicate that the low-THC
  412  cannabis or low-THC cannabis product meets the definition of
  413  low-THC cannabis or low-THC cannabis product, is safe for human
  414  consumption, and is free from harmful contaminants.
  415         (b)All low-THC cannabis and low-THC cannabis products must
  416  be labeled before dispensing. The label must include, at a
  417  minimum:
  418         1. A statement that the low-THC cannabis or low-THC
  419  cannabis product meets the requirements in paragraph (a);
  420         2.The name of the independent testing laboratory that
  421  tested the low-THC cannabis or low-THC cannabis product;
  422         3.The name of the cultivation and processing facility
  423  where the low-THC cannabis or low-THC cannabis product
  424  originates; and
  425         4.The batch number and harvest number from which the low
  426  THC cannabis or low-THC cannabis product originates.
  427         (8) SAFETY AND EFFICACY RESEARCH FOR LOW-THC CANNABIS.—The
  428  University of Florida College of Pharmacy shall establish and
  429  maintain a safety and efficacy research program for the use of
  430  low-THC cannabis or low-THC cannabis products to treat
  431  qualifying conditions and symptoms. The program must include a
  432  fully integrated electronic information system for the broad
  433  monitoring of health outcomes and safety signal detection. The
  434  electronic information system must include information from the
  435  compassionate use registry; provider reports, including
  436  treatment plans, adverse event reports, and treatment
  437  discontinuation reports; patient reports of adverse impacts;
  438  event-triggered interviews and medical chart reviews performed
  439  by the University of Florida clinical research staff;
  440  information from external databases, including Medicaid billing
  441  reports and information in the prescription drug monitoring
  442  database for registered patients; and all other medical reports
  443  required by the University of Florida to conduct the research
  444  required by this subsection. The department must provide access
  445  to information from the compassionate use registry and the
  446  prescription drug monitoring database, established in s.
  447  893.055, as needed by the University of Florida to conduct
  448  research under this subsection. The Agency for Health Care
  449  Administration must provide access to registered patient
  450  Medicaid records, to the extent allowed under federal law, as
  451  needed by the University of Florida to conduct research under
  452  this subsection.
  453         (9) PERSONS WITH INTEREST IN THE DISPENSING ORGANIZATION.
  454  The persons who have direct or indirect interest in the
  455  dispensing organization and the dispensing organization’s
  456  managers, employees, and contractors who directly interact with
  457  low-THC cannabis or low-THC cannabis products may not make
  458  recommendations, offer prescriptions, or provide medical advice
  459  to qualified patients.
  460         (10)DEPARTMENT AUTHORITY AND RESPONSIBILITIES.—
  461         (a)The department may conduct announced or unannounced
  462  inspections of dispensing organizations to determine compliance
  463  with this section or rules adopted pursuant to this section.
  464         (b)The department shall inspect a dispensing organization
  465  upon complaint or notice provided to the department that the
  466  dispensing organization has dispensed low-THC cannabis or low
  467  THC cannabis products containing any mold, bacteria, or other
  468  contaminant that may cause or has caused an adverse effect to
  469  human health or the environment.
  470         (c)The department shall conduct at least a biennial
  471  inspection of each dispensing organization to evaluate the
  472  dispensing organization’s records, personnel, equipment,
  473  processes, security measures, sanitation practices, and quality
  474  assurance practices.
  475         (d)The department may enter into interagency agreements
  476  with the Department of Agriculture and Consumer Services, the
  477  Department of Business and Professional Regulation, the
  478  Department of Transportation, the Department of Highway Safety
  479  and Motor Vehicles, and the Agency for Health Care
  480  Administration, and such agencies are authorized to enter into
  481  an interagency agreement with the department, to conduct
  482  inspections or perform other responsibilities assigned to the
  483  department under this section.
  484         (e)The department must make a list of all approved
  485  dispensing organizations and qualified ordering physicians and
  486  medical directors publicly available on its website.
  487         (f)The department may establish a system for issuing and
  488  renewing registration cards for qualified patients and their
  489  legal representatives, establish the circumstances under which
  490  the cards may be revoked by or must be returned to the
  491  department, and establish fees to implement such system. The
  492  department must require, at a minimum, the registration cards
  493  to:
  494         1.Provide the name, address, and date of birth of the
  495  qualified patient or legal representative.
  496         2.Have a full-face, passport-type, color photograph of the
  497  qualified patient or legal representative taken within the 90
  498  days immediately preceding registration.
  499         3.Identify whether the cardholder is a qualified patient
  500  or legal representative.
  501         4.List a unique numeric identifier for the qualified
  502  patient or legal representative which is matched to the
  503  identifier used for such person in the department’s
  504  compassionate use registry.
  505         5.Provide the expiration date, which shall be 1 year after
  506  the date of the physician’s initial order of low-THC cannabis.
  507         6.For the legal representative, provide the name and
  508  unique numeric identifier of the qualified patient that the
  509  legal representative is assisting.
  510         7.Be resistant to counterfeiting or tampering.
  511         (g)The department may suspend, revoke, or refuse to renew
  512  a dispensing organization’s approval if a dispensing
  513  organization commits any of the violations in paragraph (g).
  514         (h)The department shall renew the approval of a dispensing
  515  organization biennially if the dispensing organization meets the
  516  requirements of this section and pays the biennial renewal fee.
  517         (i)The department may adopt rules necessary to implement
  518  this section.
  519         (11)PREEMPTION.—
  520         (a)All matters regarding the regulation of the cultivation
  521  and processing of medical cannabis or low-THC cannabis by
  522  dispensing organizations are preempted to the state.
  523         (b)A municipality may determine by ordinance the criteria
  524  for the number and location of, and other permitting
  525  requirements that do not conflict with state law or department
  526  rule for, dispensing facilities of dispensing organizations
  527  located within its municipal boundaries. A county may determine
  528  by ordinance the criteria for the number, location, and other
  529  permitting requirements that do not conflict with state law or
  530  department rule for all dispensing facilities of dispensing
  531  organizations located within the unincorporated areas of that
  532  county.
  533         (12)(7) EXCEPTIONS TO OTHER LAWS.—
  534         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  535  any other provision of law, but subject to the requirements of
  536  this section, a qualified patient and the qualified patient’s
  537  legal representative who is registered with the department on
  538  the compassionate use registry may purchase and possess for the
  539  patient’s medical use up to the amount of low-THC cannabis or
  540  medical cannabis ordered for the patient, but not more than a
  541  45-day supply, and a cannabis delivery device ordered for the
  542  patient. This section does not exempt any person from the
  543  prohibition against driving under the influence provided in s.
  544  316.193.
  545         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  546  any other provision of law, but subject to the requirements of
  547  this section, an approved dispensing organization and its
  548  owners, managers, and employees, and the owners, managers, and
  549  employees of contractors who have direct contact with low-THC
  550  cannabis or low-THC cannabis products may manufacture, possess,
  551  sell, deliver, distribute, dispense, and lawfully dispose of
  552  reasonable quantities, as established by department rule, of
  553  low-THC cannabis or low-THC cannabis products in accordance with
  554  their licensure. For purposes of this subsection, the terms
  555  “manufacture,” “possession,” “deliver,” “distribute,” and
  556  “dispense” have the same meanings as provided in s. 893.02.
  557         (c)Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  558  any other law, but subject to the requirements of this section,
  559  an approved independent testing laboratory may possess, test,
  560  transport, and lawfully dispose of low-THC cannabis or medical
  561  cannabis as provided by department rule.
  562         (d)(c) An approved dispensing organization and its owners,
  563  managers, and employees are not subject to licensure or
  564  regulation under chapter 465 or chapter 499 for manufacturing,
  565  possessing, selling, delivering, distributing, dispensing, or
  566  lawfully disposing of reasonable quantities, as established by
  567  department rule, of low-THC cannabis.
  568         (e) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  569  any other law, but subject to the requirements of this section,
  570  a licensed laboratory and its employees may receive and possess
  571  low-THC cannabis or low-THC cannabis products for the sole
  572  purpose of testing the low-THC cannabis or low-THC cannabis
  573  products to ensure compliance with this section.
  574         (f)A dispensing organization that continues to meet the
  575  requirements for approval is presumed to be registered with the
  576  department and to meet the regulations adopted by the department
  577  or its successor agency for the purpose of dispensing medical
  578  cannabis or low-THC cannabis under state law. Additionally, the
  579  authority provided to a dispensing organization in s. 499.0295
  580  does not impair the approval of a dispensing organization.
  581         (g)This subsection does not preclude a person from being
  582  prosecuted for a criminal offense related to impairment or
  583  intoxication resulting from the medical use of low-THC cannabis
  584  or medical cannabis or relieve a person from any requirement
  585  under law to submit to a breath, blood, urine, or other test to
  586  detect the presence of a controlled substance.
  587         (13) RULES.—Rules adopted by the department under this
  588  section are exempt from the requirement that they be ratified by
  589  the Legislature pursuant to s. 120.541(3).
  590  
  591  ================= T I T L E  A M E N D M E N T ================
  592  And the title is amended as follows:
  593         Delete lines 722 - 734
  594  and insert:
  595         to physician education; requiring the department to
  596         accept applications for licensure as dispensing
  597         organizations according to a specified application
  598         process; authorizing a dispensing organization to be
  599         licensed to cultivate, to process, or to dispense low
  600         THC cannabis; requiring the department to review all
  601         applications, notify applicants of deficient
  602         applications, and request any additional information
  603         within a specified period; requiring an application
  604         for licensure to be filed and complete by specified
  605         dates; authorizing licensed applicants to operate in
  606         any region of the state; prohibiting a dispensing
  607         organization licensed to cultivate or process low-THC
  608         cannabis from having cultivation or processing
  609         facilities outside the region in which it is licensed;
  610         requiring licensure fees to be paid within a specified
  611         timeframe; providing an exemption for the application
  612         process; requiring the department to use an
  613         application form that requires specified information
  614         from the applicant; specifying application fees,
  615         licensure fees, and renewal fees; requiring the
  616         department to inspect each dispensing organization’s
  617         properties, cultivation facilities, processing
  618         facilities, or dispensing facilities before those
  619         facilities may operate; authorizing followup
  620         inspections at reasonable hours; providing that
  621         licensure constitutes permission for the department to
  622         enter and inspect the premises or facilities of any
  623         dispensing organization; requiring dispensing
  624         organizations to make all facility premises,
  625         equipment, documents, low-THC cannabis, and low-THC
  626         cannabis products, as applicable, available to the
  627         department upon inspection; authorizing the department
  628         to test low-THC cannabis or low-THC cannabis products;
  629         authorizing the department to suspend or revoke a
  630         license, deny or refuse to renew a license, or impose
  631         a maximum administrative penalty for specified acts or
  632         omissions; requiring the department to create a
  633         permitting process for vehicles used for the
  634         transportation of low-THC cannabis or low-THC cannabis
  635         products; providing procedures and requirements for an
  636         applicant seeking licensure as a dispensing
  637         organization or the renewal of its license; requiring
  638         the dispensing organization to verify specified
  639         information of specified persons in certain
  640         circumstances; authorizing a dispensing organization
  641         to have cultivation facilities, processing facilities,
  642         or dispensing facilities; providing that all matters
  643         regarding the location of cultivation facilities and
  644         processing facilities are preempted to the state;
  645         providing requirements for cultivation facilities and
  646         processing facilities; requiring a municipality to
  647         determine by ordinance specified criteria related to
  648         dispensing facilities; authorizing a dispensing
  649         facility to be established in a municipality only
  650         after such an ordinance has been created; authorizing
  651         a dispensing facility to be established in the
  652         unincorporated areas of a county only after such an
  653         ordinance has been created; requiring dispensing
  654         facilities to have all utilities and resources
  655         necessary to store and dispense low-THC and low-THC
  656         cannabis products; requiring dispensing facilities to
  657         be secured with specified theft-prevention systems;
  658         requiring a dispensing organization to provide the
  659         department with specified updated information within a
  660         specified period; authorizing a dispensing
  661         organization to transport low-THC cannabis or low-THC
  662         cannabis products in vehicles in certain
  663         circumstances; requiring such vehicles to be operated
  664         by specified persons in certain circumstances;
  665         requiring a fee for a vehicle permit; requiring the
  666         signature of the designated driver with a vehicle
  667         permit application; providing for expiration of the
  668         permit in certain circumstances; requiring the
  669         department to cancel a vehicle permit upon the request
  670         of specified persons; providing that the licensee
  671         authorizes the inspection and search of his or her
  672         vehicle without a search warrant by specified persons;
  673         requiring all low-THC cannabis and low-THC cannabis
  674         products to be tested by an independent testing
  675         laboratory before the dispensing organization may
  676         dispense them; requiring the independent testing
  677         laboratory to provide the lab results to the
  678         dispensing organization for a specified determination;
  679         requiring all low-THC cannabis and low-THC cannabis
  680         products to be labeled with specified information
  681         before dispensing; requiring the University of Florida
  682         College of Pharmacy to establish and maintain a
  683         specified safety and efficacy research program;
  684         providing program requirements; requiring the
  685         department to provide access to information from the
  686         compassionate use registry and the prescription drug
  687         monitoring program database to the University of
  688         Florida as needed; requiring the Agency for Health
  689         Care Administration to provide access to specified
  690         patient records under certain circumstances;
  691         prohibiting persons who have direct or indirect
  692         interest in a dispensing organization and the
  693         dispensing organization’s managers, employees, and
  694         contractors who directly interact with low-THC
  695         cannabis and low-THC cannabis products from making
  696         recommendations, offering prescriptions, or providing
  697         medical advice to qualified patients; revising duties
  698         and responsibilities of the department; providing that
  699         certain matters are preempted to the state;
  700         authorizing a municipality to determine by ordinance
  701         certain criteria relating to dispensing organizations;
  702         providing that the act does not provide an exception
  703         to the prohibition against driving under the
  704         influence; authorizing specified individuals to
  705         manufacture, possess, sell, deliver, distribute,
  706         dispense, and lawfully dispose of reasonable
  707         quantities of low-THC cannabis according to their
  708         licensure; authorizing a licensed laboratory and its
  709         employees to receive and possess low-THC cannabis in
  710         certain circumstances; providing applicability;
  711         providing that specified rules adopted by the
  712         department are exempt from the requirement to be
  713         ratified by the Legislature; amending s. 499.0295,