Florida Senate - 2015 SENATOR AMENDMENT
Bill No. CS for CS for SB 7066
Ì718474AÎ718474
LEGISLATIVE ACTION
Senate . House
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Senator Clemens moved the following:
1 Senate Amendment
2
3 Delete lines 396 - 532
4 and insert:
5 Services certificate required in paragraph (6)(b);
6 3. The name, address, license number, and contact
7 information for the applicant’s medical director; and
8 4. All information required to be included by subsection
9 (6).
10 (d) The department shall and impose an initial application
11 fee of $50,000, an initial licensure fee of $125,000, and a
12 biennial renewal fee of $125,000 that is sufficient to cover the
13 costs of administering this section. An applicant for approval
14 as a dispensing organization must be able to demonstrate:
15 1. The technical and technological ability to cultivate and
16 produce low-THC cannabis. The applicant must possess a valid
17 certificate of registration issued by the Department of
18 Agriculture and Consumer Services pursuant to s. 581.131 that is
19 issued for the cultivation of more than 400,000 plants, be
20 operated by a nurseryman as defined in s. 581.011, and have been
21 operated as a registered nursery in this state for at least 30
22 continuous years.
23 2. The ability to secure the premises, resources, and
24 personnel necessary to operate as a dispensing organization.
25 3. The ability to maintain accountability of all raw
26 materials, finished products, and any byproducts to prevent
27 diversion or unlawful access to or possession of these
28 substances.
29 4. An infrastructure reasonably located to dispense low-THC
30 cannabis to registered patients statewide or regionally as
31 determined by the department.
32 5. The financial ability to maintain operations for the
33 duration of the 2-year approval cycle, including the provision
34 of certified financials to the department. Upon approval, the
35 applicant must post a $5 million performance bond.
36 6. That all owners and managers have been fingerprinted and
37 have successfully passed a level 2 background screening pursuant
38 to s. 435.04.
39 7. The employment of a medical director who is a physician
40 licensed under chapter 458 or chapter 459 to supervise the
41 activities of the dispensing organization.
42 (e) The department shall inspect each dispensing
43 organization’s properties, cultivation facilities, processing
44 facilities, and retail facilities before they begin operations
45 and at least once every 2 years thereafter. The department may
46 conduct additional announced or unannounced inspections,
47 including followup inspections, at reasonable hours in order to
48 ensure that such property and facilities maintain compliance
49 with all applicable requirements in subsections (6) and (7) and
50 to ensure that the dispensing organization has not committed any
51 other act that would endanger the health, safety, or security of
52 a qualified patient, dispensing organization staff, or the
53 community in which the dispensing organization is located.
54 Licensure under this section constitutes permission for the
55 department to enter and inspect the premises and facilities of
56 any dispensing organization. The department may inspect any
57 licensed dispensing organization, and a dispensing organization
58 must make all facility premises, equipment, documents, low-THC
59 cannabis, and low-THC cannabis products available to the
60 department upon inspection. The department may test any low-THC
61 cannabis or low-THC cannabis product in order to ensure that it
62 is safe for human consumption and that it meets the requirements
63 in this section.
64 (f) The department may suspend or revoke a license, deny or
65 refuse to renew a license, or impose an administrative penalty
66 not to exceed $10,000 for the following acts or omissions:
67 1. A violation of this section or department rule.
68 2. Failing to maintain qualifications for licensure.
69 3. Endangering the health, safety, or security of a
70 qualified patient.
71 4. Improperly disclosing personal and confidential
72 information of the qualified patient.
73 5. Attempting to procure a license by bribery or fraudulent
74 misrepresentation.
75 6. Being convicted or found guilty of, or entering a plea
76 of nolo contendere to, regardless of adjudication, a crime in
77 any jurisdiction which directly relates to the business of a
78 dispensing organization.
79 7. Making or filing a report or record that the licensee
80 knows to be false.
81 8. Willfully failing to maintain a record required by this
82 section or rule of the department.
83 9. Willfully impeding or obstructing an employee or agent
84 of the department in the furtherance of his or her official
85 duties.
86 10. Engaging in fraud or deceit, negligence, incompetence,
87 or misconduct in the business practices of a dispensing
88 organization.
89 11. Making misleading, deceptive, or fraudulent
90 representations in or related to the business practices of a
91 dispensing organization.
92 12. Having a license or the authority to engage in any
93 regulated profession, occupation, or business that is related to
94 the business practices of a dispensing organization revoked,
95 suspended, or otherwise acted against, including the denial of
96 licensure, by the licensing authority of any jurisdiction,
97 including its agencies or subdivisions, for a violation that
98 would constitute a violation under state law. A licensing
99 authority’s acceptance of a relinquishment of licensure or a
100 stipulation, consent order, or other settlement, offered in
101 response to or in anticipation of the filing of charges against
102 the license, shall be construed as an action against the
103 license.
104 13. Violating a lawful order of the department or an agency
105 of the state, or failing to comply with a lawfully issued
106 subpoena of the department or an agency of the state.
107 (g) The department shall create a permitting process for
108 all dispensing organization vehicles used for the transportation
109 of low-THC cannabis or low-THC cannabis products.
110 (h)(c) The department shall monitor physician registration
111 and ordering of low-THC cannabis for ordering practices that
112 could facilitate unlawful diversion or misuse of low-THC
113 cannabis and take disciplinary action as indicated.
114 (i)(d) The department shall adopt rules as necessary to
115 implement this section.
116 (6) DISPENSING ORGANIZATION.—
117 (a) An applicant seeking licensure as a dispensing
118 organization, or the renewal of its license, must submit an
119 application to the department. The department must review all
120 applications for completeness, including an appropriate
121 inspection of the applicant’s property and facilities to verify
122 the authenticity of the information provided in, or in
123 connection with, the application. An applicant authorizes the
124 department to inspect his or her property and facilities for
125 licensure by applying under this subsection.
126 (b) In order to receive or maintain licensure as a
127 dispensing organization, an applicant must provide proof that:
128 1. The applicant, or a separate entity that is owned solely
129 by the same persons or entities in the same ratio as the
130 applicant, possesses a valid certificate of registration issued
131 by the Department of Agriculture and Consumer Services pursuant
132 to s. 581.131 for the cultivation of more than 400,000 plants.