Florida Senate - 2020                                     SB 720
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00737-20                                             2020720__
    1                        A bill to be entitled                      
    2         An act relating to the medical use of marijuana in
    3         schools; amending s. 381.986, F.S.; conforming
    4         provisions to changes made by the act; authorizing a
    5         qualified patient to designate more than one caregiver
    6         to assist with the qualified patient’s medical use of
    7         marijuana under certain circumstances; authorizing a
    8         county-designated caregiver to register as a caregiver
    9         for more than one qualified patient under certain
   10         circumstances; conforming cross-references; creating
   11         s. 381.9867, F.S.; defining terms; providing a
   12         procedure for a parent of a student who is a qualified
   13         patient to request that marijuana be administered to
   14         the student during the school day; requiring the
   15         parent to include certain information in the written
   16         request to a school principal; specifying that a
   17         registered caregiver who is authorized by that
   18         student’s parent to administer marijuana to the
   19         student during the school day is responsible for
   20         obtaining, accounting for, and storing the marijuana
   21         and any marijuana delivery devices; requiring a school
   22         principal who receives a request authorizing a county
   23         designated caregiver to administer marijuana to the
   24         student to notify the county health department for the
   25         county in which the school is located; requiring a
   26         county health department that receives such
   27         notification to notify the Department of Health of the
   28         request; requiring the department to designate no more
   29         than two employees of the county health department to
   30         serve as county-designated caregivers; requiring a
   31         county-designated caregiver to follow the procedures
   32         adopted by department rule; requiring the student’s
   33         caregiver to provide to a county-designated caregiver
   34         at a certain location an appropriate supply of
   35         marijuana and any marijuana delivery devices needed
   36         during the school day; requiring the county-designated
   37         caregiver to document and account for the marijuana
   38         and any marijuana delivery devices received; requiring
   39         marijuana in its original container and marijuana
   40         delivery devices to be stored under lock and key when
   41         not in use or when being transported for use;
   42         providing that a county-designated caregiver is not
   43         liable for civil damages as a result of his or her
   44         actions if certain criteria are met; requiring a
   45         school principal who receives a request for marijuana
   46         to be administered during the school day to designate
   47         an isolated area on school grounds where marijuana may
   48         be administered to the student; requiring that a
   49         caregiver or a county-designated caregiver
   50         administering marijuana to the student do so in the
   51         area the school principal designates; prohibiting
   52         marijuana and marijuana delivery devices from being
   53         stored on school grounds; prohibiting a school from
   54         obstructing a student who is a qualified patient from
   55         accessing marijuana during the school day; providing
   56         that funding needed to administer this section must be
   57         provided from the Grants and Donations Trust Fund
   58         within the Department of Health from certain fees the
   59         department collects; requiring the department to adopt
   60         rules; amending s. 1006.062, F.S.; deleting a
   61         requirement that each district school board adopt a
   62         policy and a procedure for allowing a student who is a
   63         qualified patient to access marijuana for medical use;
   64         providing an effective date.
   65          
   66  Be It Enacted by the Legislature of the State of Florida:
   67  
   68         Section 1. Paragraph (j) of subsection (1), subsection (6),
   69  paragraph (c) of subsection (12), and paragraph (g) of
   70  subsection (14) of section 381.986, Florida Statutes, are
   71  amended to read:
   72         381.986 Medical use of marijuana.—
   73         (1) DEFINITIONS.—As used in this section, the term:
   74         (j) “Medical use” means the acquisition, possession, use,
   75  delivery, transfer, or administration of marijuana authorized by
   76  a physician certification. The term does not include:
   77         1. Possession, use, or administration of marijuana that was
   78  not purchased or acquired from a medical marijuana treatment
   79  center.
   80         2. Possession, use, or administration of marijuana in the
   81  form of commercially produced food items other than edibles or
   82  of marijuana seeds.
   83         3. Use or administration of any form or amount of marijuana
   84  in a manner that is inconsistent with the qualified physician’s
   85  directions or physician certification.
   86         4. Transfer of marijuana to a person other than the
   87  qualified patient for whom it was authorized or the qualified
   88  patient’s caregiver on behalf of the qualified patient.
   89         5. Use or administration of marijuana in the following
   90  locations:
   91         a. On any form of public transportation, except for low-THC
   92  cannabis not in a form for smoking.
   93         b. In any public place, except for low-THC cannabis not in
   94  a form for smoking.
   95         c. In a qualified patient’s place of employment, except
   96  when permitted by his or her employer.
   97         d. In a state correctional institution, as defined in s.
   98  944.02, or a correctional institution, as defined in s. 944.241.
   99         e. On the grounds of a preschool, primary school, or
  100  secondary school, except as provided in s. 381.9867 s. 1006.062.
  101         f. In a school bus, a vehicle, an aircraft, or a motorboat,
  102  except for low-THC cannabis not in a form for smoking.
  103         6. The smoking of marijuana in an enclosed indoor workplace
  104  as defined in s. 386.203(5).
  105         (6) CAREGIVERS.—
  106         (a) The department must register an individual as a
  107  caregiver on the medical marijuana use registry and issue a
  108  caregiver identification card if an individual designated by a
  109  qualified patient meets all of the requirements of this
  110  subsection and department rule.
  111         (b) A caregiver must:
  112         1. Not be a qualified physician and not be employed by or
  113  have an economic interest in a medical marijuana treatment
  114  center or a marijuana testing laboratory.
  115         2. Be 21 years of age or older and a resident of this
  116  state.
  117         3. Agree in writing to assist with the qualified patient’s
  118  medical use of marijuana.
  119         4. Be registered in the medical marijuana use registry as a
  120  caregiver for no more than one qualified patient, except as
  121  provided in paragraph (d) this paragraph.
  122         5. Successfully complete a caregiver certification course
  123  developed and administered by the department or its designee,
  124  which must be renewed biennially. The price of the course may
  125  not exceed $100.
  126         6. Pass a background screening pursuant to subsection (9),
  127  unless the patient is a close relative of the caregiver.
  128         (c) A qualified patient may not designate no more than one
  129  caregiver to assist with the qualified patient’s medical use of
  130  marijuana, unless:
  131         1. The qualified patient is a minor and the designated
  132  caregivers are parents or legal guardians of the qualified
  133  patient;
  134         2. The qualified patient is an adult who has an
  135  intellectual or developmental disability that prevents the
  136  patient from being able to protect or care for himself or
  137  herself without assistance or supervision and the designated
  138  caregivers are the parents or legal guardians of the qualified
  139  patient;
  140         3. The qualified patient is admitted to a hospice program;
  141  or
  142         4. The qualified patient is participating in a research
  143  program in a teaching nursing home pursuant to s. 1004.4351; or
  144         5. The qualified patient is a student whose parent has
  145  requested that a county-designated caregiver assist the student
  146  with the medical use of marijuana during the school day pursuant
  147  to s. 381.9867.
  148         (d) A caregiver may not be registered in the medical
  149  marijuana use registry as a designated caregiver for no more
  150  than one qualified patient, unless:
  151         1. The caregiver is a parent or legal guardian of more than
  152  one minor who is a qualified patient;
  153         2. The caregiver is a parent or legal guardian of more than
  154  one adult who is a qualified patient and who has an intellectual
  155  or developmental disability that prevents the patient from being
  156  able to protect or care for himself or herself without
  157  assistance or supervision;
  158         3. All qualified patients whom the caregiver has agreed to
  159  assist are admitted to a hospice program and have requested the
  160  assistance of that caregiver with the medical use of marijuana;
  161  the caregiver is an employee of the hospice; and the caregiver
  162  provides personal care or other services directly to clients of
  163  the hospice in the scope of that employment; or
  164         4. All qualified patients whom the caregiver has agreed to
  165  assist are participating in a research program in a teaching
  166  nursing home pursuant to s. 1004.4351; or
  167         5.The caregiver is a county-designated caregiver and all
  168  qualified patients whom the caregiver has agreed to assist are
  169  students whose parents have requested the assistance of a
  170  county-designated caregiver to assist the students with the
  171  medical use of marijuana during the school day pursuant to s.
  172  381.9867.
  173         (e) A caregiver may not receive compensation, other than
  174  actual expenses incurred, for any services provided to the
  175  qualified patient.
  176         (f) If a qualified patient is younger than 18 years of age,
  177  only a caregiver may purchase or administer marijuana for
  178  medical use by the qualified patient. The qualified patient may
  179  not purchase marijuana.
  180         (g) A caregiver must be in immediate possession of his or
  181  her medical marijuana use registry identification card at all
  182  times when in possession of marijuana or a marijuana delivery
  183  device and must present his or her medical marijuana use
  184  registry identification card upon the request of a law
  185  enforcement officer.
  186         (h) The department may adopt rules pursuant to ss.
  187  120.536(1) and 120.54 to implement this subsection.
  188         (12) PENALTIES.—
  189         (c) A qualified patient who uses marijuana, not including
  190  low-THC cannabis, or a caregiver who administers marijuana, not
  191  including low-THC cannabis, in plain view of or in a place open
  192  to the general public; in a school bus, a vehicle, an aircraft,
  193  or a boat; or on the grounds of a school, except as provided in
  194  s. 381.9867 s. 1006.062, commits a misdemeanor of the first
  195  degree, punishable as provided in s. 775.082 or s. 775.083.
  196         (14) EXCEPTIONS TO OTHER LAWS.—
  197         (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  198  any other provision of law, but subject to the requirements of
  199  this section and pursuant to policies and procedures established
  200  pursuant to s. 1006.62(8), school personnel may possess
  201  marijuana that is obtained for medical use pursuant to this
  202  section by a student who is a qualified patient.
  203         Section 2. Section 381.9867, Florida Statutes, is created
  204  to read:
  205         381.9867 Medical use of marijuana in schools.—
  206         (1) As used in this section, the term:
  207         (a) “Caregiver” has the same meaning as in s. 381.986(1).
  208         (b) “County-designated caregiver” means a county health
  209  department employee designated by the department pursuant to
  210  subsection (4) who has an identification card and is registered
  211  as a caregiver pursuant to s. 381.986(6).
  212         (c) “Marijuana,” “marijuana delivery device,” “medical
  213  use,” “physician certification,” and “qualified patient” have
  214  the same meanings as in s. 381.986(1).
  215         (2) A parent of a student who is a qualified patient may
  216  request that marijuana obtained pursuant to s. 381.986 be
  217  administered to the student during the school day. The parent
  218  must make the request in writing to the school principal and
  219  must include all of the following information:
  220         (a) A copy of the student’s current patient identification
  221  card as described in s. 381.986(7)(a).
  222         (b) A copy of the student’s current physician certification
  223  as described in s. 381.986(4).
  224         (c) A statement from the parent which explains the
  225  necessity for administering the marijuana to the student during
  226  the school day, including any occasion when the student is away
  227  from school property attending official school activities.
  228         (d) A statement from the parent authorizing the student’s
  229  registered caregiver or a county-designated caregiver to
  230  administer marijuana to the student. If the parent is the
  231  student’s registered caregiver, the parent may include a
  232  statement of his or her desire to administer marijuana to the
  233  student.
  234         (3) If the parent authorizes the student’s registered
  235  caregiver to administer marijuana to the student during the
  236  school day, the caregiver is responsible for obtaining,
  237  accounting for, and storing the marijuana and any marijuana
  238  delivery devices as provided in this section and s. 381.986.
  239         (4)(a)Upon receiving a request under subsection (2) that
  240  includes a statement authorizing a county-designated caregiver
  241  to administer marijuana to a student, a school principal shall
  242  promptly notify the county health department for the county in
  243  which the school is located. Upon receipt of the notification,
  244  the county health department shall notify the department of the
  245  request, and the department shall designate no more than two
  246  employees of the county health department to serve as county
  247  designated caregivers. A county-designated caregiver shall
  248  follow the procedures adopted by department rule under
  249  subsection (8).
  250         (b) The student‘s caregiver shall provide to a county
  251  designated caregiver at a county health department building an
  252  appropriate supply of marijuana and any marijuana delivery
  253  devices necessary for administering the marijuana during the
  254  school day, all of which must be obtained pursuant to s.
  255  381.986. The county-designated caregiver shall document and
  256  account for the marijuana and any marijuana delivery devices
  257  received. The county-designated caregiver is responsible for the
  258  transportation of the marijuana and marijuana delivery devices
  259  used in administering marijuana to the student to and from the
  260  county health department building and the school. When the
  261  marijuana or marijuana delivery devices are not in use or being
  262  transported for use, the marijuana must be placed in its
  263  original container and it and any marijuana delivery devices
  264  must be stored in a secure fashion under lock and key.
  265         (c) A county-designated caregiver is not liable for civil
  266  damages arising out of his or her actions taken in connection
  267  with assisting students who are qualified patients with the
  268  medical use of marijuana if the county-designated caregiver acts
  269  as a reasonably prudent person would have acted under the same
  270  or similar circumstances.
  271         (5) A school principal who receives a request under
  272  subsection (2) must designate an isolated area on school grounds
  273  where marijuana may be administered to the student. A caregiver
  274  or county-designated caregiver may administer marijuana to the
  275  student on school grounds only in the designated area. Marijuana
  276  and marijuana delivery devices may not be stored on school
  277  grounds.
  278         (6) A school may not obstruct a student who is a qualified
  279  patient from accessing marijuana during the school day in
  280  accordance with this section.
  281         (7) Funding to administer this section must be provided
  282  through the Grants and Donations Trust Fund within the
  283  Department of Health from fees the department collects under s.
  284  381.986.
  285         (8) The department shall adopt rules necessary to
  286  administer this section.
  287         Section 3. Subsection (8) of section 1006.062, Florida
  288  Statutes, is amended to read:
  289         1006.062 Administration of medication and provision of
  290  medical services by district school board personnel.—
  291         (8) Each district school board shall adopt a policy and a
  292  procedure for allowing a student who is a qualified patient, as
  293  defined in s. 381.986, to use marijuana obtained pursuant to
  294  that section. Such policy and procedure shall ensure access by
  295  the qualified patient; identify how the marijuana will be
  296  received, accounted for, and stored; and establish processes to
  297  prevent access by other students and school personnel whose
  298  access would be unnecessary for the implementation of the
  299  policy.
  300         Section 4. This act shall take effect July 1, 2020.