Florida Senate - 2014                                    SB 1562
       
       
        
       By Senator Bullard
       
       
       
       
       
       39-01345-14                                           20141562__
    1                        A bill to be entitled                      
    2         An act relating to recreational marijuana; amending s.
    3         20.165, F.S.; renaming the Division of Alcoholic
    4         Beverages and Tobacco of the Department of Business
    5         and Professional Regulation; amending s. 561.025,
    6         F.S.; renaming the Alcoholic Beverage and Tobacco
    7         Trust Fund; specifying distribution of funds;
    8         providing a directive to the Division of Law Revision
    9         and Information; creating ch. 566, F.S., relating to
   10         recreational marijuana; providing definitions relating
   11         to an excise tax on recreational marijuana; imposing
   12         an excise tax on recreational marijuana; providing for
   13         inflation adjustments to the tax rate; providing for
   14         collection of the tax; providing for distribution of
   15         tax revenues; requiring an annual report concerning
   16         tax revenues; providing definitions relating to
   17         regulation of recreational marijuana; prohibiting the
   18         use of false identification by persons under 21 years
   19         of age for specified activities relating to
   20         recreational marijuana; exempting certain activities
   21         involving marijuana from use and possession offenses;
   22         authorizing persons age 21 and over to engage in
   23         certain activities involving personal use of marijuana
   24         in limited amounts; providing limits on where persons
   25         may engage in specified activities; providing
   26         noncriminal penalties; providing for alternative
   27         sentencing; providing for licensure of marijuana
   28         establishments that may engage in the manufacture,
   29         possession, or purchase of marijuana, marijuana
   30         products, and marijuana accessories or sell marijuana,
   31         marijuana products, or marijuana accessories to a
   32         consumer; specifying duties of the Division of
   33         Alcoholic Beverages, Marijuana, and Tobacco; providing
   34         for enforcement of regulatory provisions; authorizing
   35         agreements with other entities for certain enforcement
   36         activities; requiring an annual report; providing for
   37         licensing of marijuana establishments; providing for
   38         license fees; providing for a license process;
   39         providing reasons that prohibit issuance or renewal of
   40         a license; providing limits on the number of retail
   41         marijuana stores in localities based on population;
   42         providing standards for prospective licensees;
   43         providing restrictions on the location of marijuana
   44         establishments; prohibiting certain activities by
   45         marijuana establishments; providing procedures when a
   46         marijuana establishment’s license expires; authorizing
   47         localities to prohibit one or more types of marijuana
   48         establishments through local ordinance; authorizing
   49         localities to specify an entity within the locality to
   50         be responsible for processing applications for a
   51         license to operate a marijuana establishment;
   52         providing for submission of applications to localities
   53         if the division has not issued establishment licenses
   54         by a specified date; specifying duties of the Attorney
   55         General concerning federal subpoenas; providing an
   56         exemption from specified provisions for marijuana
   57         research; specifying that the chapter does not apply
   58         to employer drug policies or operating under the
   59         influence laws; specifying that the chapter does not
   60         allow persons under 21 years of age to engage in
   61         activities permitted therein; providing that the
   62         rights of property owners are not affected; requiring
   63         rulemaking by the division; specifying that conduct
   64         allowed by the chapter may not be considered the basis
   65         for the finding of a lack of good moral character as
   66         that term is used in law; providing for emergency
   67         rulemaking; amending s. 500.03, F.S.; providing that
   68         marijuana establishments that sell food containing
   69         marijuana are considered food service establishments
   70         for the purposes of specified regulations; creating s.
   71         500.105, F.S.; specifying that food products
   72         containing marijuana which are prepared in permitted
   73         food establishments and sold by licensed retail
   74         marijuana stores are not considered adulterated;
   75         amending s. 562.13, F.S.; prohibiting marijuana
   76         establishments from employing persons under 18 years
   77         of age; amending s. 569.0073, F.S.; exempting licensed
   78         marijuana establishments from specified provisions
   79         regulating the sale of pipes and smoking devices;
   80         amending ss. 893.13 and 893.135, F.S.; providing that
   81         conduct authorized under ch. 566, F.S., is not
   82         prohibited by specified controlled substance
   83         prohibitions; providing effective dates.
   84          
   85  Be It Enacted by the Legislature of the State of Florida:
   86  
   87         Section 1. Paragraph (b) of subsection (2) of section
   88  20.165, Florida Statutes, is amended to read:
   89         20.165 Department of Business and Professional Regulation.
   90  There is created a Department of Business and Professional
   91  Regulation.
   92         (2) The following divisions of the Department of Business
   93  and Professional Regulation are established:
   94         (b) Division of Alcoholic Beverages, Marijuana, and
   95  Tobacco.
   96         Section 2. Section 561.025, Florida Statutes, is amended to
   97  read:
   98         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
   99  Fund.—There is created within the State Treasury the Alcoholic
  100  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
  101  by the division under ss. 210.15, 210.40, or under s. 569.003
  102  and the Beverage Law with the exception of state funds collected
  103  pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
  104  the State Treasury to the credit of the trust fund,
  105  notwithstanding any other provision of law to the contrary. In
  106  addition, funds collected by the division under chapter 566
  107  shall be deposited into the trust fund, except that funds from
  108  the excise tax in s. 566.012 shall be deposited as provided in
  109  s. 566.013. Moneys deposited to the credit of the trust fund
  110  shall be used to operate the division and to provide a
  111  proportionate share of the operation of the office of the
  112  secretary and the Division of Administration of the Department
  113  of Business and Professional Regulation; except that:
  114         (1) The revenue transfer provisions of ss. 561.32 and
  115  561.342(1) and (2) shall continue in full force and effect, and
  116  the division shall cause such revenue to be returned to the
  117  municipality or county in the manner provided for in s. 561.32
  118  or s. 561.342(1) and (2).; and
  119         (2) Ten percent of the revenues derived from retail tobacco
  120  products dealer permit fees collected under s. 569.003 shall be
  121  transferred to the Department of Education to provide for
  122  teacher training and for research and evaluation to reduce and
  123  prevent the use of tobacco products by children.
  124         (3) Until January 1, 2023, an amount equal to 5 percent of
  125  the revenues received by the division during the previous month
  126  pursuant to the tax imposed by s. 566.012 shall be transferred
  127  to the Department of Health to be used to provide grants for the
  128  purpose of producing peer-reviewed research on marijuana’s
  129  beneficial uses and safety.
  130         Section 3. The Division of Law Revision and Information is
  131  directed to prepare a reviser’s bill for the 2015 Regular
  132  Session of the Legislature to redesignate the Division of
  133  Alcoholic Beverages and Tobacco of the Department of Business
  134  and Professional Regulation as the “Division of Alcoholic
  135  Beverages, Marijuana, and Tobacco” and the Alcoholic Beverage
  136  and Tobacco Trust Fund as the “Alcoholic Beverage, Marijuana,
  137  and Tobacco Trust Fund,” respectively, wherever those terms
  138  appear in the Florida Statutes.
  139         Section 4. Chapter 566, Florida Statutes, consisting of
  140  sections 566.011 through 566.042, is created to read:
  141                             CHAPTER 566                           
  142                       RECREATIONAL MARIJUANA                      
  143                               PART I                              
  144                             EXCISE TAX                            
  145         566.011 Definitions.—As used in this part, the term:
  146         (1) “Department” means the Department of Business and
  147  Professional Regulation.
  148         (2) “Division” means the Division of Alcoholic Beverages,
  149  Marijuana, and Tobacco of the department.
  150         (3) “Marijuana” means all parts of the plant of the genus
  151  cannabis, whether growing or not, the seeds thereof, the resin
  152  extracted from any part of the plant, and every compound,
  153  manufacture, salt, derivative, mixture, or preparation of the
  154  plant, its seeds, or its resin, including marijuana concentrate.
  155  The term does not include industrial hemp, fiber produced from
  156  the stalks, oil, cake made from the seeds of the plant,
  157  sterilized seed of the plant which is incapable of germination,
  158  or the weight of any ingredient combined with marijuana to
  159  prepare topical or oral administrations, food, drink, or any
  160  other product.
  161         (4) “Marijuana cultivation facility” means an entity
  162  licensed to cultivate, prepare, and package and sell marijuana
  163  to retail marijuana stores, to marijuana product manufacturing
  164  facilities, and to other marijuana cultivation facilities, but
  165  not to consumers.
  166         (5) “Marijuana establishment” means a marijuana cultivation
  167  facility, marijuana testing facility, marijuana product
  168  manufacturing facility, or retail marijuana store.
  169         (6) “Marijuana product manufacturing facility” means an
  170  entity licensed to:
  171         (a) Purchase marijuana;
  172         (b) Manufacture, prepare, and package marijuana products;
  173  or
  174         (c) Sell marijuana and marijuana products to other
  175  marijuana product manufacturing facilities and to retail
  176  marijuana stores, but not to consumers.
  177         (7) “Marijuana products” means concentrated marijuana and
  178  products that consist of marijuana and other ingredients and
  179  that are intended for use or consumption, including, but not
  180  limited to, edible products, ointments, and tinctures.
  181         (8) “Marijuana testing facility” means an entity licensed
  182  to analyze and certify the safety and potency of marijuana.
  183         (9) “Retail marijuana store” means an entity licensed to
  184  purchase marijuana from a marijuana cultivation facility and
  185  marijuana products from a marijuana product manufacturing
  186  facility and to sell marijuana and marijuana products to
  187  consumers.
  188         566.012 Excise tax on marijuana.—
  189         (1) An excise tax is imposed on the sale or transfer of
  190  marijuana from a marijuana cultivation facility to a retail
  191  marijuana store or marijuana product manufacturing facility.
  192  Each marijuana cultivation facility shall pay an excise tax at
  193  the rate of $50 per ounce, or proportionate part thereof, on
  194  marijuana that is sold or transferred from a marijuana
  195  cultivation facility pursuant to part II.
  196         (2) The excise tax rate under subsection (1) shall be
  197  adjusted annually for inflation.
  198         (a) Beginning in 2016, on or about February 15 of each
  199  year, the department shall calculate the adjusted excise tax
  200  rates by multiplying the rates in effect on the calculation date
  201  by an inflation index computed as provided in paragraph (b). The
  202  adjusted rates must be rounded to the nearest cent and become
  203  effective on the first day of July immediately after the
  204  calculation. The division shall publish the annually adjusted
  205  excise tax rates and shall provide all necessary forms and
  206  reports.
  207         (b) The inflation index is the Consumer Price Index for All
  208  Urban Consumers, U.S. City Average, or successor reports, as
  209  reported by the United States Department of Labor, Bureau of
  210  Labor Statistics, for the calendar year ending on December 31
  211  immediately before the calculation date, divided by the Consumer
  212  Price Index for the previous calendar year. The inflation index
  213  may not be less than one.
  214         (c)1. A marijuana cultivation facility subject to the
  215  licensing requirements of s. 566.036 shall file, on or before
  216  the last day of each month, a return on a form prescribed and
  217  furnished by the division together with payment of the tax due
  218  under this part. The return must report all marijuana products
  219  held, purchased, manufactured, brought in, or caused to be
  220  brought in from outside the state or shipped or transported to a
  221  retail marijuana store or marijuana product manufacturing
  222  facility within the state during the previous calendar month. A
  223  marijuana cultivation facility shall keep a complete and
  224  accurate record at its principal place of business to
  225  substantiate all receipts and sales of marijuana products.
  226         2. The return must include further information as the
  227  division may prescribe. Tax previously paid on marijuana
  228  products that are returned to a marijuana establishment because
  229  the product has become unfit for use, sale, or consumption and
  230  for marijuana products that are returned to a marijuana
  231  cultivation facility and that are subsequently destroyed by the
  232  marijuana cultivation facility may be taken as a credit on a
  233  subsequent return. The division may either witness the
  234  destruction of the product or may accept another form of proof
  235  that the product has been destroyed by the marijuana cultivation
  236  facility.
  237         3. A person who is not a marijuana cultivation facility
  238  licensed pursuant to s. 566.034 who imports, receives, or
  239  otherwise acquires marijuana products for use or consumption in
  240  the state from a person other than a licensed marijuana
  241  cultivation facility shall file, on or before the last day of
  242  the month after each month in which marijuana products were
  243  acquired, a return on a form prescribed by the division together
  244  with payment of the tax imposed by this part at the rate
  245  provided in subsection (1). The return must report the quantity
  246  of marijuana products imported, received, or otherwise acquired
  247  from a person other than a licensed marijuana cultivation
  248  facility during the previous calendar month and additional
  249  information that the division may require.
  250         (d) If a marijuana cultivation facility fails to make tax
  251  payments as required by this section, the division may revoke
  252  the marijuana cultivation facility’s license.
  253         566.013 Distribution of revenues.—Revenues derived from the
  254  tax imposed by this part must be credited to the General Revenue
  255  Fund. On or before the last day of each month, the Chief
  256  Financial Officer shall transfer 15 percent of the revenue
  257  received by the division during the preceding month pursuant to
  258  the tax imposed by s. 566.012 to the Alcoholic Beverage,
  259  Marijuana, and Tobacco Trust Fund established under s. 561.025.
  260  On or before the last day of each month, the Chief Financial
  261  Officer shall transfer the remainder of the revenues to the
  262  General Revenue Fund.
  263         566.014 Annual report.—The division shall report annually
  264  beginning January 30, 2016, the amount of tax revenue collected
  265  pursuant to s. 566.012 and the amount distributed pursuant to s.
  266  561.025(3) to the appropriations committees of each house of the
  267  Legislature.
  268                               PART II                             
  269                        MARIJUANA REGULATION                       
  270         566.031 Definitions.—As used in this part, the term:
  271         (1) “Consumer” means a person 21 years of age or older who
  272  purchases marijuana or marijuana products for personal use by
  273  persons 21 years of age or older, but not for resale to others.
  274         (2) “Department” has the same meaning as provided in s.
  275  566.011.
  276         (3) “Division” has the same meaning as provided in s.
  277  566.011.
  278         (4) “Licensee” means any individual, partnership,
  279  corporation, firm, association, or other legal entity holding a
  280  marijuana establishment license within the state.
  281         (5) “Locality” means a municipality or, in reference to a
  282  location in the unorganized territory, the county in which that
  283  locality is located.
  284         (6) “Marijuana” has the same meaning as provided in s.
  285  566.011.
  286         (7) “Marijuana accessories” means equipment, products, or
  287  materials of any kind which are used, intended, or designed for
  288  use in planting, propagating, cultivating, growing, harvesting,
  289  composting, manufacturing, compounding, converting, producing,
  290  processing, preparing, testing, analyzing, packaging,
  291  repackaging, storing, vaporizing, or containing marijuana or for
  292  ingesting, inhaling, or otherwise introducing marijuana into the
  293  human body.
  294         (8) “Marijuana cultivation facility” has the same meaning
  295  as provided in s. 566.011.
  296         (9) “Marijuana establishment” has the same meaning as
  297  provided in s. 566.011.
  298         (10) “Marijuana product manufacturing facility” has the
  299  same meaning as provided in s. 566.011.
  300         (11) “Marijuana testing facility” has the same meaning as
  301  provided in s. 566.011.
  302         (12) “Minor” means a person under 21 years of age.
  303         (13) “Retail marijuana store” has the same meaning as
  304  provided in s. 566.011.
  305         (14) “Seedling” means a marijuana plant that has no
  306  flowers, is less than 12 inches in height, and is less than 12
  307  inches in diameter.
  308         566.0311 False identification.—
  309         (1) A minor may not present or offer to a marijuana
  310  establishment or the marijuana establishment’s agent or employee
  311  any written or oral evidence of age which is false, fraudulent,
  312  or not actually the minor’s own for the purpose of:
  313         (a) Ordering, purchasing, or attempting to purchase or
  314  otherwise procuring or attempting to procure marijuana; or
  315         (b) Gaining access to marijuana.
  316         (2)(a) A minor who violates subsection (2) commits:
  317         1. For a first offense, a noncriminal violation subject to
  318  a civil penalty of at least $200 and not more than $400.
  319         2. For a second offense, a noncriminal violation subject to
  320  a civil penalty of at least $300 and not more than $600, which
  321  may be suspended only as provided in paragraph (b).
  322         3. For a third or subsequent offense, a noncriminal
  323  violation subject to a civil penalty of $600, which may be
  324  suspended only as provided in paragraph (b).
  325  
  326  When a minor is adjudged to have committed a first offense under
  327  subsection (1), the judge shall inform that minor that the
  328  noncriminal penalties for the second and subsequent offenses are
  329  mandatory and may be suspended only as provided in paragraph
  330  (b). Failure to inform the minor that subsequent noncriminal
  331  penalties are mandatory is not a ground for suspension of any
  332  subsequent civil penalty.
  333         (b) A judge, as an alternative to or in addition to the
  334  noncriminal penalties specified in paragraph (a), may assign the
  335  minor to perform specified work for the benefit of the state,
  336  the municipality, or other public entity or a charitable
  337  institution for no more than 40 hours for each violation.
  338         566.032 Exemption from criminal and noncriminal penalties,
  339  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  340  provision of law, and except as provided in this part, the
  341  actions specified in this part are legal under the laws of this
  342  state and do not constitute a civil or criminal offense under
  343  the laws of this state or the law of any political subdivision
  344  within this state or serve as a basis for seizure or forfeiture
  345  of assets under state law.
  346         566.033 Personal use of marijuana.—
  347         (1) A person who is 21 years of age or older may:
  348         (a) Use, possess, or transport marijuana accessories and up
  349  to 2 1/2 ounces of marijuana.
  350         (b) Transfer or furnish, without remuneration, up to 2 1/2
  351  ounces of marijuana and up to six seedlings to a person who is
  352  21 years of age or older.
  353         (c) Possess, grow, cultivate, process, or transport up to
  354  six marijuana plants, including seedlings, and possess the
  355  marijuana produced by the marijuana plants on the premises where
  356  the plants were grown.
  357         (d) Purchase up to 2 1/2 ounces of marijuana, up to six
  358  seedlings, and marijuana accessories from a retail marijuana
  359  store.
  360         (2) The following apply to the cultivation of marijuana for
  361  personal use by a person who is 21 years of age or older:
  362         (a) A person may cultivate up to six marijuana plants,
  363  including seedlings, at that person’s place of residence, on
  364  property owned by that person, or on another person’s property
  365  with permission of the owner of the other property.
  366         (b) A person who elects to cultivate marijuana shall take
  367  reasonable precautions to ensure the plants are secure from
  368  unauthorized access or access by a person under 21 years of age.
  369  Reasonable precautions include, but are not limited to,
  370  cultivating marijuana in a fully enclosed secure outdoor area,
  371  locked closet, or locked room inaccessible to persons under 21
  372  years of age.
  373         (3) A person may smoke or ingest marijuana in a nonpublic
  374  place, including a private residence.
  375         (a) This subsection does not permit a person to consume
  376  marijuana in a manner that endangers others.
  377         (b) The prohibitions and limitations on smoking tobacco
  378  products in specified areas in part II of chapter 386 apply to
  379  marijuana.
  380         (c) A person who smokes marijuana in a public place other
  381  than as governed by part II of chapter 386 commits a noncriminal
  382  violation subject to a civil penalty of $100.
  383         566.034 Marijuana establishments.—
  384         (1) A marijuana establishment may engage in the
  385  manufacture, possession, or purchase of marijuana, marijuana
  386  products, or marijuana accessories and sell marijuana, marijuana
  387  products, or marijuana accessories to a consumer as described in
  388  this section.
  389         (a) A retail marijuana store may:
  390         1. Possess, display, or transport marijuana, marijuana
  391  products, or marijuana accessories.
  392         2. Purchase marijuana from a marijuana cultivation
  393  facility.
  394         3. Purchase marijuana or marijuana products from a
  395  marijuana product manufacturing facility.
  396         4. Sell marijuana, marijuana products, or marijuana
  397  accessories to consumers.
  398         (b) A marijuana cultivation facility may:
  399         1. Cultivate, harvest, process, package, transport,
  400  display, or possess marijuana.
  401         2. Deliver or transfer marijuana to a marijuana testing
  402  facility.
  403         3. Sell marijuana to another marijuana cultivation
  404  facility, a marijuana product manufacturing facility, or a
  405  retail marijuana store.
  406         4. Purchase marijuana from another marijuana cultivation
  407  facility.
  408         (c) A marijuana product manufacturing facility may:
  409         1. Package, process, transport, manufacture, display, or
  410  possess marijuana or marijuana products.
  411         2. Deliver or transfer marijuana or marijuana products to a
  412  marijuana testing facility.
  413         3. Sell marijuana or marijuana products to a retail
  414  marijuana store or marijuana product manufacturing facility.
  415         4. Purchase marijuana from a marijuana cultivation
  416  facility.
  417         5. Purchase marijuana or marijuana products from a
  418  marijuana product manufacturing facility.
  419         (d) A marijuana testing facility may possess, cultivate,
  420  process, repackage, store, transport, display, transfer, or
  421  deliver marijuana or marijuana products.
  422  
  423  A marijuana establishment may lease or otherwise allow the use
  424  of property owned, occupied, or controlled by a person,
  425  corporation, or other entity for any of the activities conducted
  426  lawfully in accordance with this subsection.
  427         (2) This section does not prevent the imposition of
  428  penalties for violating this chapter or state or local rules
  429  adopted pursuant to this chapter.
  430         566.035 Duties of the division.—The division shall:
  431         (1) Enforce the laws and rules relating to the
  432  manufacturing, processing, labeling, storing, transporting,
  433  testing, and selling of marijuana by marijuana establishments
  434  and administer those laws relating to licensing and the
  435  collection of taxes.
  436         (2) Adopt rules consistent with this chapter for the
  437  administration and enforcement of laws regulating and licensing
  438  marijuana establishments.
  439         (3) If determined necessary by the division, enter into a
  440  memorandum of understanding with the Department of Law
  441  Enforcement, a county sheriff, or other state or municipal law
  442  enforcement agency to perform inspections of marijuana
  443  establishments.
  444         (4) Issue licenses for a marijuana cultivation facility,
  445  marijuana testing facility, marijuana product manufacturing
  446  facility, and retail marijuana store.
  447         (5) Prevent the sale of marijuana by licensees to minors
  448  and intoxicated persons.
  449         (6) Ensure that licensees have access to the provisions of
  450  this chapter and other laws and rules governing marijuana in
  451  accordance with this section.
  452         (7) Post on the department’s publicly accessible website
  453  this chapter and all rules adopted under this chapter. The
  454  division shall notify all licensees of changes in the law and
  455  rules through a publicly accessible website posting within 90
  456  days after adjournment of each session of the Legislature. The
  457  division shall update the posting on the department’s publicly
  458  accessible website to reflect new laws and rules before the
  459  effective date of the laws and rules.
  460         (8) Certify monthly to the Chief Financial Officer a
  461  complete statement of revenues and expenses for licenses issued
  462  and for revenues collected by the division and submit an annual
  463  report that includes a complete statement of the revenues and
  464  expenses for the division to the Governor, the Speaker of the
  465  House of Representatives, and the President of the Senate.
  466         (9) Suspend or revoke the license of a licensee in
  467  accordance with rules adopted by the division. A marijuana
  468  establishment with a license that is suspended or revoked
  469  pursuant to this subsection may:
  470         (a) Continue to possess marijuana during the time its
  471  license is suspended, but may not dispense, transfer, or sell
  472  marijuana. If the marijuana establishment is a marijuana
  473  cultivation facility, it may continue to cultivate marijuana
  474  plants during the time its license is suspended. Marijuana may
  475  not be removed from the licensed premises except as authorized
  476  by the division and only for the purpose of destruction.
  477         (b) Possess marijuana for up to 7 days after revocation of
  478  its license, during which time the marijuana establishment shall
  479  dispose of its inventory of marijuana in accordance with
  480  division rules.
  481         (10) Beginning January 15, 2016, and annually thereafter,
  482  report to the committees of each house of the Legislature having
  483  jurisdiction over marijuana regulation. The report must include,
  484  but is not limited to, all rules adopted by the division and
  485  statistics regarding the number of marijuana establishment
  486  applications received, the number of applicants licensed, and
  487  the licensing fees collected within the previous year.
  488         566.036 Licensing of marijuana establishments.—
  489         (1) An applicant for a marijuana establishment license
  490  shall file an application on the form prescribed by the division
  491  for the type of marijuana establishment license sought, along
  492  with the application fee, not to exceed $5,000, as set by rule.
  493  An applicant may apply for and be granted more than one type of
  494  marijuana establishment license, except that a person licensed
  495  as a marijuana testing facility may not hold another marijuana
  496  establishment license. The division shall begin accepting and
  497  processing applications on August 1, 2015.
  498         (2) Upon receiving an application for a marijuana
  499  establishment license, the division shall immediately forward a
  500  copy of the application and 50 percent of the license
  501  application fee to the locality in which the applicant desires
  502  to operate.
  503         (3) The division shall issue or renew a license to operate
  504  a marijuana establishment to an applicant who meets the
  505  requirements of the division as set forth in rule and in
  506  subsection (9) within 90 days after the date of receipt of the
  507  application unless:
  508         (a) The division finds the applicant is not in compliance
  509  with this section or rules adopted by the division;
  510         (b) The division is notified by the relevant locality that
  511  the applicant is not in compliance with an ordinance, rule, or
  512  regulation in effect at the time of application; or
  513         (c) The number of marijuana establishments allowed in the
  514  locality has been limited pursuant to s. 566.037 or is limited
  515  by subsection (5) and the division has already licensed the
  516  maximum number of marijuana establishments allowed in the
  517  locality for the category of license that is sought.
  518         (4) The following shall control when more than one
  519  application is received by the division for establishment of a
  520  marijuana establishment in the same locality:
  521         (a) If a greater number of applications are received from
  522  qualified applicants to operate a marijuana establishment in a
  523  locality than are allowed under the limits enacted by the
  524  locality pursuant to s. 566.037 or pursuant to subsection (5),
  525  the division shall solicit and consider input from the locality
  526  regarding the locality’s preference or preferences for
  527  licensure. Within 90 days after the date that the first
  528  application is received, the division may issue the maximum
  529  number of applicable licenses for each type of marijuana
  530  establishment license application received.
  531         (b) In a competitive application process to determine which
  532  applicants will receive licenses for a marijuana establishment,
  533  the division shall give preference to an applicant who has at
  534  least 1 year of previous experience in operating another
  535  business in this state in compliance with state law.
  536         (c) The division may not grant a license for a marijuana
  537  establishment to an applicant who has already received a license
  538  to operate the same type of marijuana establishment if doing so
  539  would prevent another qualified applicant from receiving a
  540  license.
  541         (5) Unless the locality has prohibited retail marijuana
  542  stores or has enacted a lower limit on the number of retail
  543  marijuana stores, the division shall license no more than:
  544         (a) One retail marijuana store per each 5,000 persons in a
  545  locality with a population of more than 20,000.
  546         (b) Two retail marijuana stores in a locality with a
  547  population of at least 5,001 but less than 20,000.
  548         (c) One retail marijuana store in a locality with a
  549  population of at least 2,000 but less than 5,001.
  550  
  551  The division may license one retail marijuana store in a
  552  locality where the population is less than 2,000 if the
  553  municipality or county commissioners for the locality has not
  554  prohibited retail marijuana stores. The division may grant a
  555  locality’s request to allow additional marijuana stores. The
  556  division may consider the impact of seasonal population or
  557  tourism and other related information provided by the locality
  558  requesting an additional marijuana establishment location.
  559         (6) Upon denial of an application, the division shall
  560  notify the applicant in writing of the specific reason for its
  561  denial.
  562         (7) All licenses under this part are valid for 1 year from
  563  the date of issuance.
  564         (8) A prospective licensee as a marijuana establishment:
  565         (a) May not have been convicted of a disqualifying drug
  566  offense. For purposes of this section, “disqualifying drug
  567  offense” means a conviction for a violation of a state or
  568  federal controlled substance law which is a crime punishable by
  569  imprisonment for 1 year or more. It does not include an offense
  570  for which the sentence, including any term of probation,
  571  incarceration, or supervised release, was completed 10 or more
  572  years before application for licensure or an offense that
  573  consisted of conduct that would be permitted under this part.
  574         (b) May not have had a previous license revoked for a
  575  marijuana establishment.
  576         (c) If the applicant is a corporation, may not be issued a
  577  license if any of the principal officers of the corporation
  578  would be personally ineligible under paragraph (a) or paragraph
  579  (b).
  580         (9) A marijuana establishment:
  581         (a) May not be located within 500 feet of the property line
  582  of a preexisting public or private school. The distance must be
  583  measured from the main entrance of the marijuana establishment
  584  to the main entrance of the school by the ordinary course of
  585  travel.
  586         (b) Shall implement appropriate security measures,
  587  consistent with rules issued by the division, which are designed
  588  to prevent:
  589         1. Unauthorized entrance into areas containing marijuana.
  590         2. The theft of marijuana located on the premises or in
  591  transit to or from the premises by the licensee.
  592         3. Tampering with or adulteration of the marijuana
  593  products.
  594         4. Unauthorized access to marijuana or marijuana
  595  accessories.
  596         5. Access to marijuana by or sales of marijuana to minors.
  597         (c) Shall prepare and maintain documents that include
  598  procedures for the oversight of all aspects of operations and
  599  procedures to ensure accurate recordkeeping.
  600         (d) Shall make available for inspection its license at the
  601  premises to which that license applies. A licensee may not
  602  refuse a representative of the division the right at any time to
  603  inspect the entire licensed premises or to audit the books and
  604  records of the licensee.
  605         (e) May not sell marijuana to a minor or to a visibly
  606  intoxicated person.
  607         (f) If the licensee is a retail marijuana store, may not
  608  allow a minor to enter or remain on the premises unless the
  609  minor is an employee of the division, a law enforcement officer,
  610  emergency personnel, or a contractor performing work on the
  611  facility that is not directly related to marijuana, such as
  612  installing or maintaining security devices or performing
  613  electrical wiring.
  614         (g) May not sell marijuana between the hours of 1 a.m. and
  615  6 a.m.
  616         (h) May not employ as a manager or leave in charge of the
  617  licensed premises any person who, by reason of conviction for a
  618  disqualifying drug offense or because of a revocation of that
  619  person’s marijuana establishment license, is not eligible for a
  620  marijuana establishment license.
  621         (i) If a retail marijuana store, may not offer any free
  622  merchandise, a rebate, or a gift to a consumer.
  623         (j) If a retail marijuana store, may sell or furnish
  624  marijuana to a consumer only from the premises licensed by the
  625  department. A retail marijuana store may not, directly or
  626  indirectly, by any agent or employee, travel from locality to
  627  locality, or from place to place within the same locality,
  628  selling, bartering, carrying for sale, or exposing for sale
  629  marijuana from a vehicle.
  630         (10) A person who intentionally provides false information
  631  on an application for a marijuana establishment license violates
  632  s. 837.06.
  633         (11) When a licensee’s license expires:
  634         (a) A licensee who unintentionally fails to renew a license
  635  upon its expiration date and continues to engage in activities
  636  allowed by s. 566.034 may not be charged with illegal sales for
  637  a period of 7 days after the expiration date. A licensee who
  638  continues to make sales of marijuana after having been properly
  639  notified of the expired license may be charged with illegally
  640  selling marijuana.
  641         (b) At least 30 days before expiration of a licensee’s
  642  license issued pursuant to this part, the division shall notify
  643  the licensee by the most expedient means available:
  644         1. That the licensee’s license is scheduled to expire.
  645         2. The date of expiration.
  646         3. That all sales of marijuana must be suspended after the
  647  date of expiration and remain suspended until the license is
  648  properly renewed.
  649  
  650  Failure by the division to notify a licensee pursuant to this
  651  paragraph does not excuse a licensee from being charged with a
  652  violation of this part.
  653         566.037 Local control.—
  654         (1) A locality may prohibit the operation of one or more
  655  types of marijuana establishments through the enactment of an
  656  ordinance.
  657         (2) If a locality does not prohibit the operation of a
  658  marijuana establishment pursuant to subsection (1), the
  659  following conditions apply:
  660         (a) No later than September 1, 2015, a locality may enact
  661  an ordinance or regulation specifying the entity within the
  662  locality which is responsible for processing applications
  663  submitted for a licensee to operate a marijuana establishment
  664  within the boundaries of the locality. The locality may provide
  665  that the entity may issue such licenses if issuance by the
  666  locality becomes necessary because of a failure by the division
  667  to adopt rules pursuant to s. 566.035 or because of a failure by
  668  the division to process and issue licenses as required by s.
  669  566.036.
  670         (b) A locality may enact ordinances, rules, or regulations
  671  pursuant to this paragraph as long as those ordinances, rules,
  672  or regulations do not conflict with this section or with rules
  673  issued pursuant to s. 566.035. The ordinances may:
  674         1. Govern the time, place, and manner of operations and
  675  number of marijuana establishments.
  676         2. Establish procedures for the issuance, suspension, and
  677  revocation of a license issued by the locality in accordance
  678  with paragraph (c) or paragraph (d).
  679         3. Establish a schedule of annual operating, licensing, and
  680  application fees for a marijuana establishment. This
  681  subparagraph applies only if the application fee or licensing
  682  fee is submitted to a locality in accordance with paragraph (c)
  683  or (d).
  684         4. Establish noncriminal penalties for violation of an
  685  ordinance, rule, or regulation governing the time, place, and
  686  manner that a marijuana establishment may operate in that
  687  locality.
  688         (c) If the division does not begin issuing licenses by
  689  January 1, 2016, an applicant may submit an application directly
  690  to the locality in which it wants to operate. A locality that
  691  receives an application pursuant to this paragraph shall issue a
  692  license to an applicant within 90 days after receipt of the
  693  application unless the locality finds, and notifies the
  694  applicant, that the applicant is not in compliance with an
  695  ordinance, rule, or regulation made pursuant to s. 566.035 or
  696  paragraph (b) in effect at the time of application. The locality
  697  shall notify the division if the locality issues an annual
  698  license to the applicant.
  699         (d) If the division does not issue a license to an
  700  applicant within 90 days after receipt of the application filed
  701  in accordance with s. 566.036 and does not notify the applicant
  702  of the specific reason for denial, in writing and within 90 days
  703  after receipt of the application, the applicant may resubmit its
  704  application directly to the locality, and the locality may issue
  705  an annual license to the applicant. A locality issuing a license
  706  to an applicant shall do so within 90 days after receipt of the
  707  resubmitted application unless the locality finds, and notifies
  708  the applicant, that the applicant is not in compliance with an
  709  ordinance, rule, or regulation made pursuant to s. 566.035 or
  710  paragraph (b) in effect at the time the application is
  711  resubmitted. The locality shall notify the division if the
  712  locality issues an annual license to the applicant. If an
  713  application is submitted to a locality under this paragraph, the
  714  division shall forward to the locality the application fee paid
  715  by the applicant to the division upon request by the locality.
  716         (e) A license issued by a locality in accordance with
  717  paragraph (c) or paragraph (d) has the same effect as a license
  718  issued by the division in accordance with s. 566.036, and the
  719  holder of that license is not subject to regulation or
  720  enforcement by the division during the term of that license. A
  721  subsequent or renewed license may be issued under this paragraph
  722  on an annual basis if the division has not adopted rules
  723  required by s. 566.035 at least 90 days before the date upon
  724  which such subsequent or renewed license would be effective, or
  725  if the division has adopted rules pursuant to s. 566.041 but has
  726  not, at least 90 days after the adoption of those rules, issued
  727  any marijuana establishment licenses pursuant to s. 566.036.
  728         566.038 Defense of state law.—The Attorney General shall,
  729  to the best of the abilities of the office and in good faith,
  730  advocate to quash any federal subpoena for records involving
  731  marijuana establishments.
  732         566.039 Research.—Notwithstanding the provisions of this
  733  part regulating the distribution of marijuana, a scientific or
  734  medical researcher who has previously published peer-reviewed
  735  research may purchase, possess, and securely store marijuana for
  736  purposes of conducting research. A scientific or medical
  737  researcher may administer and distribute marijuana to a
  738  participant in research who is at least 21 years of age after
  739  receiving informed consent from that participant.
  740         566.040 Construction.—
  741         (1) EMPLOYMENT POLICIES.—This chapter does not require an
  742  employer to permit or accommodate the use, consumption,
  743  possession, transfer, display, transportation, sale, or growing
  744  of marijuana in the workplace or to affect the ability of
  745  employers to have policies restricting the use of marijuana by
  746  their employees.
  747         (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
  748  exempt a person from the laws prohibiting operating under the
  749  influence under chapter 316 or chapter 327.
  750         (3) TRANSFER TO MINOR.—This chapter does not permit the
  751  transfer of marijuana, with or without remuneration, to a minor
  752  or to allow a minor to purchase, possess, use, transport, grow,
  753  or consume marijuana.
  754         (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
  755  prohibit any person, employer, school, hospital, detention
  756  facility, corporation, or other entity that occupies, owns, or
  757  controls real property from prohibiting or otherwise regulating
  758  the possession, consumption, use, display, transfer,
  759  distribution, sale, transportation, or growing of marijuana on
  760  or in that real property.
  761         566.041 Rulemaking.—The division shall adopt any rules
  762  necessary to administer and enforce the provisions of this
  763  chapter.
  764         566.042 Good moral character.—Engaging in conduct allowed
  765  by this chapter may not be the basis for a finding of a lack of
  766  good moral character as that term is used in the Florida
  767  Statutes.
  768         Section 5. Section 566.037, Florida Statutes, as created by
  769  this act, which relates to local control, shall take effect upon
  770  this act becoming a law.
  771         Section 6. Rulemaking.—This section shall take effect upon
  772  this act becoming a law.
  773         (1) By June 1, 2015, the Division of Alcoholic Beverages,
  774  Marijuana, and Tobacco of the Department of Business and
  775  Professional Regulation shall adopt emergency rules for the
  776  administration and the enforcement of laws regulating and
  777  licensing marijuana establishments pursuant to part II of
  778  chapter 566, Florida Statutes, as created by this act. These
  779  rules must be developed by the division and may not be
  780  contracted out to an entity outside the division. These rules
  781  may not prohibit the operation of marijuana establishments,
  782  either expressly or through restrictions that make the operation
  783  of marijuana establishments unreasonably impracticable. As used
  784  in this section, “unreasonably impracticable” means that the
  785  measures necessary to comply with the rules require such a high
  786  investment of risk, money, time, or other resource or asset that
  787  the operation of a marijuana establishment is not worthy of
  788  being carried out in practice by a reasonably prudent
  789  businessperson.
  790         (2) Rules adopted pursuant to this section must include:
  791         (a) Provisions for administering and enforcing part II of
  792  chapter 566, Florida Statutes, including oversight requirements
  793  and noncriminal penalties for violations.
  794         (b) The form and content of applications for each type of
  795  marijuana establishment license, registration renewal forms, and
  796  associated licensing and renewal fee schedules, except that an
  797  application, licensing, or renewal fee may not exceed $5,000.
  798         (c) Procedures allowing an applicant who has been denied a
  799  license due to failure to meet the requirements for licensing to
  800  correct the reason for failure.
  801         (d) Procedures and timelines for background checks and
  802  appeals.
  803         (e) Rules governing the transfer of a license, which must
  804  be substantially the same as rules governing the transfer of a
  805  beverage license under chapter 561, Florida Statutes.
  806         (f) Minimum standards for employment, including
  807  requirements for background checks, restrictions against hiring
  808  persons under 21 years of age, and safeguards to protect against
  809  unauthorized employee access to marijuana.
  810         (g) Minimum recordkeeping requirements, including the
  811  recording of the disposal of marijuana that is not sold. Rules
  812  developed pursuant to this subsection may not require a consumer
  813  to provide a retail marijuana store with personal information
  814  other than government-issued identification to determine the
  815  consumer’s age or require the retail marijuana store to acquire
  816  and record personal information about its consumers.
  817         (h) Health and safety rules and standards for the
  818  manufacture of marijuana products and the cultivation of
  819  marijuana.
  820         (i) Labeling requirements for marijuana and marijuana
  821  products sold or distributed by a marijuana establishment.
  822         (j) Restrictions on the advertising, signage, and display
  823  of marijuana and marijuana products.
  824         (k) Minimum security requirements, including standards to
  825  reasonably protect against unauthorized access to marijuana at
  826  all stages of the licensee’s possession, transportation,
  827  storage, and cultivation of marijuana; these security
  828  requirements may not prohibit outdoor cultivation in an
  829  enclosed, secured space.
  830         (l) Procedures for enforcing s. 566.035(9) and (10),
  831  Florida Statutes, including noncriminal penalties for
  832  violations, procedures for suspending or terminating the license
  833  of a licensee who violates licensing provisions or the rules
  834  adopted pursuant to this section, and procedures for appeals of
  835  penalties or licensing actions.
  836         (m) Any other oversight requirements that the division
  837  determines are necessary to administer the laws relating to
  838  licensing marijuana establishments.
  839         (3) Rules adopted pursuant to this section may not prohibit
  840  a locality, as defined in s. 566.031, Florida Statutes, from
  841  limiting the number of each type of licensee who may operate in
  842  the locality or from enacting reasonable regulations applicable
  843  to licensees.
  844         Section 7. Paragraph (p) of subsection (1) of section
  845  500.03, Florida Statutes, is amended to read:
  846         500.03 Definitions; construction; applicability.—
  847         (1) For the purpose of this chapter, the term:
  848         (p) “Food establishment” means any factory, food outlet, or
  849  any other facility manufacturing, processing, packing, holding,
  850  or preparing food or selling food at wholesale or retail. The
  851  term does not include any business or activity that is regulated
  852  under s. 500.80, chapter 509, or chapter 601. The term includes
  853  a retail marijuana store that sells food containing marijuana
  854  pursuant to chapter 566. The term includes tomato packinghouses
  855  and repackers but does not include any other establishments that
  856  pack fruits and vegetables in their raw or natural states,
  857  including those fruits or vegetables that are washed, colored,
  858  or otherwise treated in their unpeeled, natural form before they
  859  are marketed.
  860         Section 8. Section 500.105, Florida Statutes, is created to
  861  read:
  862         500.105 Retail marijuana store food products containing
  863  marijuana.—Food products containing marijuana which are prepared
  864  in a food establishment that holds a permit under s. 500.12, if
  865  required, and which are sold by a retail marijuana store
  866  licensed under chapter 566 are not considered adulterated under
  867  this chapter due to the presence of marijuana.
  868         Section 9. Subsection (1) of section 562.13, Florida
  869  Statutes, is amended to read:
  870         562.13 Employment of minors or certain other persons by
  871  certain vendors prohibited; exceptions.—
  872         (1) Unless otherwise provided in this section, it is
  873  unlawful for a any vendor licensed under the Beverage Law or a
  874  licensee under chapter 566 to employ a any person under 18 years
  875  of age.
  876         Section 10. Subsection (1) of section 569.0073, Florida
  877  Statutes, is amended to read:
  878         569.0073 Special provisions; smoking pipes and smoking
  879  devices.—
  880         (1) A person may not It is unlawful for any person to offer
  881  for sale at retail any of the items listed in subsection (2)
  882  unless such person:
  883         (a) Has a retail tobacco products dealer permit under s.
  884  569.003 or is a marijuana establishment licensed under s.
  885  566.036. The provisions of this chapter apply to any person that
  886  offers for retail sale any of the items listed in subsection
  887  (2); and
  888         (b)1. Derives at least 75 percent of its annual gross
  889  revenues from the retail sale of cigarettes, cigars, and other
  890  tobacco products or marijuana products sold in compliance with
  891  chapter 566; or
  892         2. Derives no more than 25 percent of its annual gross
  893  revenues from the retail sale of the items listed in subsection
  894  (2).
  895         Section 11. Subsection (11) is added to section 893.13,
  896  Florida Statutes, to read:
  897         893.13 Prohibited acts; penalties.—
  898         (11) Subsections (1)-(8) are not applicable to conduct
  899  authorized under chapter 566.
  900         Section 12. Subsection (1) of section 893.135, Florida
  901  Statutes, is amended to read:
  902         893.135 Trafficking; mandatory sentences; suspension or
  903  reduction of sentences; conspiracy to engage in trafficking.—
  904         (1) Except as authorized in this chapter, or in chapter
  905  499, or chapter 566 and notwithstanding the provisions of s.
  906  893.13:
  907         (a) A Any person who knowingly sells, purchases,
  908  manufactures, delivers, or brings into this state, or who is
  909  knowingly in actual or constructive possession of, in excess of
  910  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  911  felony of the first degree, which felony shall be known as
  912  “trafficking in cannabis,” punishable as provided in s. 775.082,
  913  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  914         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  915  or is 300 or more cannabis plants, but not more than 2,000
  916  cannabis plants, such person shall be sentenced to a mandatory
  917  minimum term of imprisonment of 3 years, and the defendant shall
  918  be ordered to pay a fine of $25,000.
  919         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  920  is 2,000 or more cannabis plants, but not more than 10,000
  921  cannabis plants, such person shall be sentenced to a mandatory
  922  minimum term of imprisonment of 7 years, and the defendant shall
  923  be ordered to pay a fine of $50,000.
  924         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  925  plants, such person shall be sentenced to a mandatory minimum
  926  term of imprisonment of 15 calendar years and pay a fine of
  927  $200,000.
  928  
  929  For the purpose of this paragraph, a plant, including, but not
  930  limited to, a seedling or cutting, is a “cannabis plant” if it
  931  has some readily observable evidence of root formation, such as
  932  root hairs. To determine if a piece or part of a cannabis plant
  933  severed from the cannabis plant is itself a cannabis plant, the
  934  severed piece or part must have some readily observable evidence
  935  of root formation, such as root hairs. Callous tissue is not
  936  readily observable evidence of root formation. The viability and
  937  sex of a plant and the fact that the plant may or may not be a
  938  dead harvested plant are not relevant in determining if the
  939  plant is a “cannabis plant” or in the charging of an offense
  940  under this paragraph. Upon conviction, the court shall impose
  941  the longest term of imprisonment provided for in this paragraph.
  942         (b)1. A Any person who knowingly sells, purchases,
  943  manufactures, delivers, or brings into this state, or who is
  944  knowingly in actual or constructive possession of, 28 grams or
  945  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  946  mixture containing cocaine, but less than 150 kilograms of
  947  cocaine or any such mixture, commits a felony of the first
  948  degree, which felony shall be known as “trafficking in cocaine,”
  949  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  950  If the quantity involved:
  951         a. Is 28 grams or more, but less than 200 grams, such
  952  person shall be sentenced to a mandatory minimum term of
  953  imprisonment of 3 years, and the defendant shall be ordered to
  954  pay a fine of $50,000.
  955         b. Is 200 grams or more, but less than 400 grams, such
  956  person shall be sentenced to a mandatory minimum term of
  957  imprisonment of 7 years, and the defendant shall be ordered to
  958  pay a fine of $100,000.
  959         c. Is 400 grams or more, but less than 150 kilograms, such
  960  person shall be sentenced to a mandatory minimum term of
  961  imprisonment of 15 calendar years and pay a fine of $250,000.
  962         2. A Any person who knowingly sells, purchases,
  963  manufactures, delivers, or brings into this state, or who is
  964  knowingly in actual or constructive possession of, 150 kilograms
  965  or more of cocaine, as described in s. 893.03(2)(a)4., commits
  966  the first degree felony of trafficking in cocaine. A person who
  967  has been convicted of the first degree felony of trafficking in
  968  cocaine under this subparagraph shall be punished by life
  969  imprisonment and is ineligible for any form of discretionary
  970  early release except pardon or executive clemency or conditional
  971  medical release under s. 947.149. However, if the court
  972  determines that, in addition to committing any act specified in
  973  this paragraph:
  974         a. The person intentionally killed an individual or
  975  counseled, commanded, induced, procured, or caused the
  976  intentional killing of an individual and such killing was the
  977  result; or
  978         b. The person’s conduct in committing that act led to a
  979  natural, though not inevitable, lethal result,
  980  
  981  such person commits the capital felony of trafficking in
  982  cocaine, punishable as provided in ss. 775.082 and 921.142. A
  983  Any person sentenced for a capital felony under this paragraph
  984  shall also be sentenced to pay the maximum fine provided under
  985  subparagraph 1.
  986         3. A Any person who knowingly brings into this state 300
  987  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  988  and who knows that the probable result of such importation would
  989  be the death of a any person, commits capital importation of
  990  cocaine, a capital felony punishable as provided in ss. 775.082
  991  and 921.142. A Any person sentenced for a capital felony under
  992  this paragraph shall also be sentenced to pay the maximum fine
  993  provided under subparagraph 1.
  994         (c)1. A Any person who knowingly sells, purchases,
  995  manufactures, delivers, or brings into this state, or who is
  996  knowingly in actual or constructive possession of, 4 grams or
  997  more of any morphine, opium, oxycodone, hydrocodone,
  998  hydromorphone, or any salt, derivative, isomer, or salt of an
  999  isomer thereof, including heroin, as described in s.
 1000  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 4 grams or more
 1001  of any mixture containing any such substance, but less than 30
 1002  kilograms of such substance or mixture, commits a felony of the
 1003  first degree, which felony shall be known as “trafficking in
 1004  illegal drugs,” punishable as provided in s. 775.082, s.
 1005  775.083, or s. 775.084. If the quantity involved:
 1006         a. Is 4 grams or more, but less than 14 grams, such person
 1007  shall be sentenced to a mandatory minimum term of imprisonment
 1008  of 3 years, and the defendant shall be ordered to pay a fine of
 1009  $50,000.
 1010         b. Is 14 grams or more, but less than 28 grams, such person
 1011  shall be sentenced to a mandatory minimum term of imprisonment
 1012  of 15 years, and the defendant shall be ordered to pay a fine of
 1013  $100,000.
 1014         c. Is 28 grams or more, but less than 30 kilograms, such
 1015  person shall be sentenced to a mandatory minimum term of
 1016  imprisonment of 25 calendar years and pay a fine of $500,000.
 1017         2. A Any person who knowingly sells, purchases,
 1018  manufactures, delivers, or brings into this state, or who is
 1019  knowingly in actual or constructive possession of, 30 kilograms
 1020  or more of any morphine, opium, oxycodone, hydrocodone,
 1021  hydromorphone, or any salt, derivative, isomer, or salt of an
 1022  isomer thereof, including heroin, as described in s.
 1023  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1024  more of any mixture containing any such substance, commits the
 1025  first degree felony of trafficking in illegal drugs. A person
 1026  who has been convicted of the first degree felony of trafficking
 1027  in illegal drugs under this subparagraph shall be punished by
 1028  life imprisonment and is ineligible for any form of
 1029  discretionary early release except pardon or executive clemency
 1030  or conditional medical release under s. 947.149. However, if the
 1031  court determines that, in addition to committing any act
 1032  specified in this paragraph:
 1033         a. The person intentionally killed an individual or
 1034  counseled, commanded, induced, procured, or caused the
 1035  intentional killing of an individual and such killing was the
 1036  result; or
 1037         b. The person’s conduct in committing that act led to a
 1038  natural, though not inevitable, lethal result,
 1039  
 1040  such person commits the capital felony of trafficking in illegal
 1041  drugs, punishable as provided in ss. 775.082 and 921.142. A Any
 1042  person sentenced for a capital felony under this paragraph shall
 1043  also be sentenced to pay the maximum fine provided under
 1044  subparagraph 1.
 1045         3. A Any person who knowingly brings into this state 60
 1046  kilograms or more of any morphine, opium, oxycodone,
 1047  hydrocodone, hydromorphone, or any salt, derivative, isomer, or
 1048  salt of an isomer thereof, including heroin, as described in s.
 1049  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 60 kilograms or
 1050  more of any mixture containing any such substance, and who knows
 1051  that the probable result of such importation would be the death
 1052  of a any person, commits capital importation of illegal drugs, a
 1053  capital felony punishable as provided in ss. 775.082 and
 1054  921.142. A Any person sentenced for a capital felony under this
 1055  paragraph shall also be sentenced to pay the maximum fine
 1056  provided under subparagraph 1.
 1057         (d)1. A Any person who knowingly sells, purchases,
 1058  manufactures, delivers, or brings into this state, or who is
 1059  knowingly in actual or constructive possession of, 28 grams or
 1060  more of phencyclidine or of any mixture containing
 1061  phencyclidine, as described in s. 893.03(2)(b), commits a felony
 1062  of the first degree, which felony shall be known as “trafficking
 1063  in phencyclidine,” punishable as provided in s. 775.082, s.
 1064  775.083, or s. 775.084. If the quantity involved:
 1065         a. Is 28 grams or more, but less than 200 grams, such
 1066  person shall be sentenced to a mandatory minimum term of
 1067  imprisonment of 3 years, and the defendant shall be ordered to
 1068  pay a fine of $50,000.
 1069         b. Is 200 grams or more, but less than 400 grams, such
 1070  person shall be sentenced to a mandatory minimum term of
 1071  imprisonment of 7 years, and the defendant shall be ordered to
 1072  pay a fine of $100,000.
 1073         c. Is 400 grams or more, such person shall be sentenced to
 1074  a mandatory minimum term of imprisonment of 15 calendar years
 1075  and pay a fine of $250,000.
 1076         2. A Any person who knowingly brings into this state 800
 1077  grams or more of phencyclidine or of any mixture containing
 1078  phencyclidine, as described in s. 893.03(2)(b), and who knows
 1079  that the probable result of such importation would be the death
 1080  of a any person commits capital importation of phencyclidine, a
 1081  capital felony punishable as provided in ss. 775.082 and
 1082  921.142. A Any person sentenced for a capital felony under this
 1083  paragraph shall also be sentenced to pay the maximum fine
 1084  provided under subparagraph 1.
 1085         (e)1. A Any person who knowingly sells, purchases,
 1086  manufactures, delivers, or brings into this state, or who is
 1087  knowingly in actual or constructive possession of, 200 grams or
 1088  more of methaqualone or of any mixture containing methaqualone,
 1089  as described in s. 893.03(1)(d), commits a felony of the first
 1090  degree, which felony shall be known as “trafficking in
 1091  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 1092  or s. 775.084. If the quantity involved:
 1093         a. Is 200 grams or more, but less than 5 kilograms, such
 1094  person shall be sentenced to a mandatory minimum term of
 1095  imprisonment of 3 years, and the defendant shall be ordered to
 1096  pay a fine of $50,000.
 1097         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1098  person shall be sentenced to a mandatory minimum term of
 1099  imprisonment of 7 years, and the defendant shall be ordered to
 1100  pay a fine of $100,000.
 1101         c. Is 25 kilograms or more, such person shall be sentenced
 1102  to a mandatory minimum term of imprisonment of 15 calendar years
 1103  and pay a fine of $250,000.
 1104         2. A Any person who knowingly brings into this state 50
 1105  kilograms or more of methaqualone or of any mixture containing
 1106  methaqualone, as described in s. 893.03(1)(d), and who knows
 1107  that the probable result of such importation would be the death
 1108  of a any person commits capital importation of methaqualone, a
 1109  capital felony punishable as provided in ss. 775.082 and
 1110  921.142. A Any person sentenced for a capital felony under this
 1111  paragraph shall also be sentenced to pay the maximum fine
 1112  provided under subparagraph 1.
 1113         (f)1. A Any person who knowingly sells, purchases,
 1114  manufactures, delivers, or brings into this state, or who is
 1115  knowingly in actual or constructive possession of, 14 grams or
 1116  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1117  methamphetamine, as described in s. 893.03(2)(c)4., or of any
 1118  mixture containing amphetamine or methamphetamine, or
 1119  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1120  in conjunction with other chemicals and equipment utilized in
 1121  the manufacture of amphetamine or methamphetamine, commits a
 1122  felony of the first degree, which felony shall be known as
 1123  “trafficking in amphetamine,” punishable as provided in s.
 1124  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1125         a. Is 14 grams or more, but less than 28 grams, such person
 1126  shall be sentenced to a mandatory minimum term of imprisonment
 1127  of 3 years, and the defendant shall be ordered to pay a fine of
 1128  $50,000.
 1129         b. Is 28 grams or more, but less than 200 grams, such
 1130  person shall be sentenced to a mandatory minimum term of
 1131  imprisonment of 7 years, and the defendant shall be ordered to
 1132  pay a fine of $100,000.
 1133         c. Is 200 grams or more, such person shall be sentenced to
 1134  a mandatory minimum term of imprisonment of 15 calendar years
 1135  and pay a fine of $250,000.
 1136         2. A Any person who knowingly manufactures or brings into
 1137  this state 400 grams or more of amphetamine, as described in s.
 1138  893.03(2)(c)2., or methamphetamine, as described in s.
 1139  893.03(2)(c)4., or of any mixture containing amphetamine or
 1140  methamphetamine, or phenylacetone, phenylacetic acid,
 1141  pseudoephedrine, or ephedrine in conjunction with other
 1142  chemicals and equipment used in the manufacture of amphetamine
 1143  or methamphetamine, and who knows that the probable result of
 1144  such manufacture or importation would be the death of a any
 1145  person commits capital manufacture or importation of
 1146  amphetamine, a capital felony punishable as provided in ss.
 1147  775.082 and 921.142. A Any person sentenced for a capital felony
 1148  under this paragraph shall also be sentenced to pay the maximum
 1149  fine provided under subparagraph 1.
 1150         (g)1. A Any person who knowingly sells, purchases,
 1151  manufactures, delivers, or brings into this state, or who is
 1152  knowingly in actual or constructive possession of, 4 grams or
 1153  more of flunitrazepam or any mixture containing flunitrazepam as
 1154  described in s. 893.03(1)(a) commits a felony of the first
 1155  degree, which felony shall be known as “trafficking in
 1156  flunitrazepam,” punishable as provided in s. 775.082, s.
 1157  775.083, or s. 775.084. If the quantity involved:
 1158         a. Is 4 grams or more but less than 14 grams, such person
 1159  shall be sentenced to a mandatory minimum term of imprisonment
 1160  of 3 years, and the defendant shall be ordered to pay a fine of
 1161  $50,000.
 1162         b. Is 14 grams or more but less than 28 grams, such person
 1163  shall be sentenced to a mandatory minimum term of imprisonment
 1164  of 7 years, and the defendant shall be ordered to pay a fine of
 1165  $100,000.
 1166         c. Is 28 grams or more but less than 30 kilograms, such
 1167  person shall be sentenced to a mandatory minimum term of
 1168  imprisonment of 25 calendar years and pay a fine of $500,000.
 1169         2. A Any person who knowingly sells, purchases,
 1170  manufactures, delivers, or brings into this state or who is
 1171  knowingly in actual or constructive possession of 30 kilograms
 1172  or more of flunitrazepam or any mixture containing flunitrazepam
 1173  as described in s. 893.03(1)(a) commits the first degree felony
 1174  of trafficking in flunitrazepam. A person who has been convicted
 1175  of the first degree felony of trafficking in flunitrazepam under
 1176  this subparagraph shall be punished by life imprisonment and is
 1177  ineligible for any form of discretionary early release except
 1178  pardon or executive clemency or conditional medical release
 1179  under s. 947.149. However, if the court determines that, in
 1180  addition to committing any act specified in this paragraph:
 1181         a. The person intentionally killed an individual or
 1182  counseled, commanded, induced, procured, or caused the
 1183  intentional killing of an individual and such killing was the
 1184  result; or
 1185         b. The person’s conduct in committing that act led to a
 1186  natural, though not inevitable, lethal result,
 1187  
 1188  such person commits the capital felony of trafficking in
 1189  flunitrazepam, punishable as provided in ss. 775.082 and
 1190  921.142. A Any person sentenced for a capital felony under this
 1191  paragraph shall also be sentenced to pay the maximum fine
 1192  provided under subparagraph 1.
 1193         (h)1. A Any person who knowingly sells, purchases,
 1194  manufactures, delivers, or brings into this state, or who is
 1195  knowingly in actual or constructive possession of, 1 kilogram or
 1196  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1197  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1198  acid (GHB), commits a felony of the first degree, which felony
 1199  shall be known as “trafficking in gamma-hydroxybutyric acid
 1200  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1201  775.084. If the quantity involved:
 1202         a. Is 1 kilogram or more but less than 5 kilograms, such
 1203  person shall be sentenced to a mandatory minimum term of
 1204  imprisonment of 3 years, and the defendant shall be ordered to
 1205  pay a fine of $50,000.
 1206         b. Is 5 kilograms or more but less than 10 kilograms, such
 1207  person shall be sentenced to a mandatory minimum term of
 1208  imprisonment of 7 years, and the defendant shall be ordered to
 1209  pay a fine of $100,000.
 1210         c. Is 10 kilograms or more, such person shall be sentenced
 1211  to a mandatory minimum term of imprisonment of 15 calendar years
 1212  and pay a fine of $250,000.
 1213         2. A Any person who knowingly manufactures or brings into
 1214  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1215  (GHB), as described in s. 893.03(1)(d), or any mixture
 1216  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1217  the probable result of such manufacture or importation would be
 1218  the death of a any person commits capital manufacture or
 1219  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1220  punishable as provided in ss. 775.082 and 921.142. A Any person
 1221  sentenced for a capital felony under this paragraph shall also
 1222  be sentenced to pay the maximum fine provided under subparagraph
 1223  1.
 1224         (i)1. A Any person who knowingly sells, purchases,
 1225  manufactures, delivers, or brings into this state, or who is
 1226  knowingly in actual or constructive possession of, 1 kilogram or
 1227  more of gamma-butyrolactone (GBL), as described in s.
 1228  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1229  (GBL), commits a felony of the first degree, which felony shall
 1230  be known as “trafficking in gamma-butyrolactone (GBL),”
 1231  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1232  If the quantity involved:
 1233         a. Is 1 kilogram or more but less than 5 kilograms, such
 1234  person shall be sentenced to a mandatory minimum term of
 1235  imprisonment of 3 years, and the defendant shall be ordered to
 1236  pay a fine of $50,000.
 1237         b. Is 5 kilograms or more but less than 10 kilograms, such
 1238  person shall be sentenced to a mandatory minimum term of
 1239  imprisonment of 7 years, and the defendant shall be ordered to
 1240  pay a fine of $100,000.
 1241         c. Is 10 kilograms or more, such person shall be sentenced
 1242  to a mandatory minimum term of imprisonment of 15 calendar years
 1243  and pay a fine of $250,000.
 1244         2. A Any person who knowingly manufactures or brings into
 1245  the state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1246  described in s. 893.03(1)(d), or any mixture containing gamma
 1247  butyrolactone (GBL), and who knows that the probable result of
 1248  such manufacture or importation would be the death of a any
 1249  person commits capital manufacture or importation of gamma
 1250  butyrolactone (GBL), a capital felony punishable as provided in
 1251  ss. 775.082 and 921.142. A Any person sentenced for a capital
 1252  felony under this paragraph shall also be sentenced to pay the
 1253  maximum fine provided under subparagraph 1.
 1254         (j)1. A Any person who knowingly sells, purchases,
 1255  manufactures, delivers, or brings into this state, or who is
 1256  knowingly in actual or constructive possession of, 1 kilogram or
 1257  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1258  any mixture containing 1,4-Butanediol, commits a felony of the
 1259  first degree, which felony shall be known as “trafficking in
 1260  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1261  775.083, or s. 775.084. If the quantity involved:
 1262         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1263  person shall be sentenced to a mandatory minimum term of
 1264  imprisonment of 3 years, and the defendant shall be ordered to
 1265  pay a fine of $50,000.
 1266         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1267  person shall be sentenced to a mandatory minimum term of
 1268  imprisonment of 7 years, and the defendant shall be ordered to
 1269  pay a fine of $100,000.
 1270         c. Is 10 kilograms or more, such person shall be sentenced
 1271  to a mandatory minimum term of imprisonment of 15 calendar years
 1272  and pay a fine of $500,000.
 1273         2. A Any person who knowingly manufactures or brings into
 1274  this state 150 kilograms or more of 1,4-Butanediol as described
 1275  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1276  and who knows that the probable result of such manufacture or
 1277  importation would be the death of a any person commits capital
 1278  manufacture or importation of 1,4-Butanediol, a capital felony
 1279  punishable as provided in ss. 775.082 and 921.142. A Any person
 1280  sentenced for a capital felony under this paragraph shall also
 1281  be sentenced to pay the maximum fine provided under subparagraph
 1282  1.
 1283         (k)1. A Any person who knowingly sells, purchases,
 1284  manufactures, delivers, or brings into this state, or who is
 1285  knowingly in actual or constructive possession of, 10 grams or
 1286  more of any of the following substances described in s.
 1287  893.03(1)(c):
 1288         a. 3,4-Methylenedioxymethamphetamine (MDMA);
 1289         b. 4-Bromo-2,5-dimethoxyamphetamine;
 1290         c. 4-Bromo-2,5-dimethoxyphenethylamine;
 1291         d. 2,5-Dimethoxyamphetamine;
 1292         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
 1293         f. N-ethylamphetamine;
 1294         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 1295         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 1296         i. 4-methoxyamphetamine;
 1297         j. 4-methoxymethamphetamine;
 1298         k. 4-Methyl-2,5-dimethoxyamphetamine;
 1299         l. 3,4-Methylenedioxy-N-ethylamphetamine;
 1300         m. 3,4-Methylenedioxyamphetamine;
 1301         n. N,N-dimethylamphetamine; or
 1302         o. 3,4,5-Trimethoxyamphetamine,
 1303  
 1304  individually or in any combination of or any mixture containing
 1305  any substance listed in sub-subparagraphs a.-o., commits a
 1306  felony of the first degree, which felony shall be known as
 1307  “trafficking in Phenethylamines,” punishable as provided in s.
 1308  775.082, s. 775.083, or s. 775.084.
 1309         2. If the quantity involved:
 1310         a. Is 10 grams or more but less than 200 grams, such person
 1311  shall be sentenced to a mandatory minimum term of imprisonment
 1312  of 3 years, and the defendant shall be ordered to pay a fine of
 1313  $50,000.
 1314         b. Is 200 grams or more, but less than 400 grams, such
 1315  person shall be sentenced to a mandatory minimum term of
 1316  imprisonment of 7 years, and the defendant shall be ordered to
 1317  pay a fine of $100,000.
 1318         c. Is 400 grams or more, such person shall be sentenced to
 1319  a mandatory minimum term of imprisonment of 15 calendar years
 1320  and pay a fine of $250,000.
 1321         3. A Any person who knowingly manufactures or brings into
 1322  this state 30 kilograms or more of any of the following
 1323  substances described in s. 893.03(1)(c):
 1324         a. 3,4-Methylenedioxymethamphetamine (MDMA);
 1325         b. 4-Bromo-2,5-dimethoxyamphetamine;
 1326         c. 4-Bromo-2,5-dimethoxyphenethylamine;
 1327         d. 2,5-Dimethoxyamphetamine;
 1328         e. 2,5-Dimethoxy-4-ethylamphetamine (DOET);
 1329         f. N-ethylamphetamine;
 1330         g. N-Hydroxy-3,4-methylenedioxyamphetamine;
 1331         h. 5-Methoxy-3,4-methylenedioxyamphetamine;
 1332         i. 4-methoxyamphetamine;
 1333         j. 4-methoxymethamphetamine;
 1334         k. 4-Methyl-2,5-dimethoxyamphetamine;
 1335         l. 3,4-Methylenedioxy-N-ethylamphetamine;
 1336         m. 3,4-Methylenedioxyamphetamine;
 1337         n. N,N-dimethylamphetamine; or
 1338         o. 3,4,5-Trimethoxyamphetamine,
 1339  
 1340  individually or in any combination of or any mixture containing
 1341  any substance listed in sub-subparagraphs a.-o., and who knows
 1342  that the probable result of such manufacture or importation
 1343  would be the death of a any person commits capital manufacture
 1344  or importation of Phenethylamines, a capital felony punishable
 1345  as provided in ss. 775.082 and 921.142. A Any person sentenced
 1346  for a capital felony under this paragraph shall also be
 1347  sentenced to pay the maximum fine provided under subparagraph 1.
 1348         (l)1. A Any person who knowingly sells, purchases,
 1349  manufactures, delivers, or brings into this state, or who is
 1350  knowingly in actual or constructive possession of, 1 gram or
 1351  more of lysergic acid diethylamide (LSD) as described in s.
 1352  893.03(1)(c), or of any mixture containing lysergic acid
 1353  diethylamide (LSD), commits a felony of the first degree, which
 1354  felony shall be known as “trafficking in lysergic acid
 1355  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1356  775.083, or s. 775.084. If the quantity involved:
 1357         a. Is 1 gram or more, but less than 5 grams, such person
 1358  shall be sentenced to a mandatory minimum term of imprisonment
 1359  of 3 years, and the defendant shall be ordered to pay a fine of
 1360  $50,000.
 1361         b. Is 5 grams or more, but less than 7 grams, such person
 1362  shall be sentenced to a mandatory minimum term of imprisonment
 1363  of 7 years, and the defendant shall be ordered to pay a fine of
 1364  $100,000.
 1365         c. Is 7 grams or more, such person shall be sentenced to a
 1366  mandatory minimum term of imprisonment of 15 calendar years and
 1367  pay a fine of $500,000.
 1368         2. A Any person who knowingly manufactures or brings into
 1369  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1370  as described in s. 893.03(1)(c), or any mixture containing
 1371  lysergic acid diethylamide (LSD), and who knows that the
 1372  probable result of such manufacture or importation would be the
 1373  death of a any person commits capital manufacture or importation
 1374  of lysergic acid diethylamide (LSD), a capital felony punishable
 1375  as provided in ss. 775.082 and 921.142. A Any person sentenced
 1376  for a capital felony under this paragraph shall also be
 1377  sentenced to pay the maximum fine provided under subparagraph 1.
 1378         Section 13. Except as otherwise expressly provided in this
 1379  act, this act shall take effect July 1, 2015.