Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 7066
       
       
       
       
       
       
                                Ì835218/Î835218                         
       
                              LEGISLATIVE ACTION                        
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       Senator Bradley moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 381.986, Florida Statutes, is amended to
    6  read:
    7         381.986 Compassionate use of low-THC cannabis.—
    8         (1) DEFINITIONS.—As used in this section, the term:
    9         (a) “Applicant” means an organization that has submitted an
   10  application to the department for licensure or renewal as a
   11  dispensing organization.
   12         (b) “Batch” means a specific quantity of low-THC cannabis
   13  product that is intended to have uniform character and quality,
   14  within specified limits, and is produced at the same time from
   15  one or more harvests.
   16         (c) “Dispensing organization” means an organization
   17  licensed approved by the department to cultivate, process, and
   18  dispense low-THC cannabis pursuant to this section.
   19         (d) “Harvest” means a specifically identified and numbered
   20  quantity of low-THC cannabis cultivated using the same
   21  herbicides, pesticides, and fungicides and harvested at the same
   22  time from a single facility.
   23         (e) “Independent testing laboratory” means a laboratory,
   24  and the managers, employees, or contractors of the laboratory
   25  which have no direct or indirect interest in a dispensing
   26  organization.
   27         (f)(b) “Low-THC cannabis” means a plant of the genus
   28  Cannabis, the dried flowers of which contain 15 0.8 percent or
   29  less of tetrahydrocannabinol and more than 10 percent of
   30  cannabidiol weight for weight; the seeds thereof; the resin
   31  extracted from any part of such plant; or any compound,
   32  manufacture, salt, derivative, mixture, or preparation of such
   33  plant or its seeds or resin that is dispensed only from a
   34  dispensing organization.
   35         (g) “Low-THC cannabis product” means any product derived
   36  from low-THC cannabis, including the resin extracted from any
   37  part of such plant or any compound, manufacture, salt,
   38  derivative, mixture, or preparation of such plant or its seeds
   39  or resin which is dispensed from a dispensing organization. Low
   40  THC cannabis products include, but are not limited to, oils,
   41  tinctures, creams, encapsulations, and food products. All low
   42  THC cannabis products must maintain concentrations, weight for
   43  weight, of 15 percent or less of tetrahydrocannabinol and 10
   44  percent cannabidiol.
   45         (h)(c) “Medical use” means administration of the
   46  recommended ordered amount of low-THC cannabis. The term does
   47  not include:
   48         1. The possession, use, or administration by smoking.
   49         2.The term also does not include The transfer of low-THC
   50  cannabis to a person other than the qualified patient for whom
   51  it was recommended ordered or the qualified patient’s legal
   52  representative who is registered in the compassionate use
   53  registry on behalf of the qualified patient.
   54         3. The use or administration of low-THC cannabis or low-THC
   55  cannabis products:
   56         a. On any form of public transportation.
   57         b. In any public place.
   58         c. In a registered qualified patient’s place of work, if
   59  restricted by his or her employer.
   60         d. In a correctional facility.
   61         e. On the grounds of any preschool, primary school, or
   62  secondary school.
   63         f. On a school bus.
   64         (i)(d) “Qualified patient” means a resident of this state
   65  who has been added to the compassionate use registry by a
   66  physician licensed under chapter 458 or chapter 459 to receive
   67  low-THC cannabis from a dispensing organization.
   68         (j)(e) “Smoking” means burning or igniting a substance and
   69  inhaling the smoke. Smoking does not include the use of a
   70  vaporizer.
   71         (2) PHYSICIAN RECOMMENDING ORDERING.—
   72         (a)Effective January 1, 2015, A physician licensed under
   73  chapter 458 or chapter 459 who has examined and is treating a
   74  patient suffering from cancer, human immunodeficiency virus,
   75  acquired immune deficiency syndrome, epilepsy, amyotrophic
   76  lateral sclerosis, autism, multiple sclerosis, Crohn’s disease,
   77  Parkinson’s disease, paraplegia, quadriplegia, or terminal
   78  illness a physical medical condition that chronically produces
   79  symptoms of seizures or severe and persistent muscle spasms may
   80  recommend order for the patient’s medical use low-THC cannabis
   81  to treat such disease, disorder, or condition; or to alleviate
   82  symptoms of such disease, disorder, or condition; or to
   83  alleviate symptoms caused by a treatment for such disease,
   84  disorder, or condition, if no other satisfactory alternative
   85  treatment options exist for that patient and all of the
   86  following conditions apply:
   87         1.(a) The patient is a permanent resident of this state.
   88         2.(b) The physician determines that the risks of
   89  recommending ordering low-THC cannabis are reasonable in light
   90  of the potential benefit for that patient. If a patient is
   91  younger than 18 years of age, a second physician must concur
   92  with this determination, and such determination must be
   93  documented in the patient’s medical record.
   94         3.(c) The physician registers the patient, the patient’s
   95  legal representative if requested by the patient, and himself or
   96  herself as the recommender orderer of low-THC cannabis for the
   97  named patient on the compassionate use registry maintained by
   98  the department and updates the registry to reflect the contents
   99  of the recommendation order. If the patient is a minor, the
  100  physician must register a legal representative on the
  101  compassionate use registry. The physician shall deactivate the
  102  patient’s registration when treatment is discontinued.
  103         4.(d) The physician maintains a patient treatment plan that
  104  includes the dose, route of administration, planned duration,
  105  and monitoring of the patient’s symptoms and other indicators of
  106  tolerance or reaction to the low-THC cannabis.
  107         5.(e) The physician submits the patient treatment plan, as
  108  well as any other requested medical records, biannually
  109  quarterly to the University of Florida College of Pharmacy for
  110  research on the safety and efficacy of low-THC cannabis on
  111  patients pursuant to subsection (8).
  112         6.(f) The physician obtains the voluntary informed consent
  113  of the patient or the patient’s legal guardian to treatment with
  114  low-THC cannabis after sufficiently explaining the current state
  115  of knowledge in the medical community of the effectiveness of
  116  treatment of the patient’s conditions or symptoms condition with
  117  low-THC cannabis, the medically acceptable alternatives, and the
  118  potential risks and side effects.
  119         (b)A physician who improperly recommends low-THC cannabis
  120  is subject to disciplinary action under the applicable practice
  121  act and under s. 456.072(1)(k).
  122         (3) PENALTIES.—
  123         (a) A physician commits a misdemeanor of the first degree,
  124  punishable as provided in s. 775.082 or s. 775.083, if the
  125  physician recommends orders low-THC cannabis for a patient
  126  without a reasonable belief that the patient is suffering from
  127  at least one of the conditions listed in subsection (2).:
  128         1. Cancer or a physical medical condition that chronically
  129  produces symptoms of seizures or severe and persistent muscle
  130  spasms that can be treated with low-THC cannabis; or
  131         2. Symptoms of cancer or a physical medical condition that
  132  chronically produces symptoms of seizures or severe and
  133  persistent muscle spasms that can be alleviated with low-THC
  134  cannabis.
  135         (b) Any person who fraudulently represents that he or she
  136  has at least one condition listed in subsection (2) cancer or a
  137  physical medical condition that chronically produces symptoms of
  138  seizures or severe and persistent muscle spasms to a physician
  139  for the purpose of being recommended ordered low-THC cannabis by
  140  such physician commits a misdemeanor of the first degree,
  141  punishable as provided in s. 775.082 or s. 775.083.
  142         (4) PHYSICIAN EDUCATION.—
  143         (a) Before recommending ordering low-THC cannabis for use
  144  by a patient in this state, the appropriate board shall require
  145  the recommending ordering physician licensed under chapter 458
  146  or chapter 459 to successfully complete an 8-hour course and
  147  subsequent examination offered by the Florida Medical
  148  Association or the Florida Osteopathic Medical Association that
  149  encompasses the clinical indications for the appropriate use of
  150  low-THC cannabis, the appropriate delivery mechanisms, the
  151  contraindications for such use, as well as the relevant state
  152  and federal laws governing the recommending ordering,
  153  dispensing, and possessing of this substance. The first course
  154  and examination shall be presented by October 1, 2014, and shall
  155  be administered at least four times annually thereafter.
  156  Successful completion of the course may be used by a physician
  157  to satisfy 8 hours of the continuing medical education
  158  requirements required by his or her respective board for
  159  licensure renewal. This course may be offered in a distance
  160  learning format.
  161         (b) The appropriate board shall require the medical
  162  director of each dispensing organization approved under
  163  subsection (5) to successfully complete a 2-hour course and
  164  subsequent examination offered by the Florida Medical
  165  Association or the Florida Osteopathic Medical Association that
  166  encompasses appropriate safety procedures and knowledge of low
  167  THC cannabis.
  168         (c) Successful completion of the course and examination
  169  specified in paragraph (a) is required for every physician who
  170  recommends orders low-THC cannabis each time such physician
  171  renews his or her license. In addition, successful completion of
  172  the course and examination specified in paragraph (b) is
  173  required for the medical director of each dispensing
  174  organization each time such physician renews his or her license.
  175         (d) A physician who fails to comply with this subsection
  176  and who recommends orders low-THC cannabis may be subject to
  177  disciplinary action under the applicable practice act and under
  178  s. 456.072(1)(k).
  179         (5) DUTIES AND POWERS OF THE DEPARTMENT.—By January 1,
  180  2015, The department shall:
  181         (a) The department shall create a secure, electronic, and
  182  online compassionate use registry for the registration of
  183  physicians and patients as provided under this section. The
  184  registry must be accessible to law enforcement agencies and to a
  185  dispensing organization in order to verify patient authorization
  186  for low-THC cannabis and record the low-THC cannabis dispensed.
  187  The registry must prevent an active registration of a patient by
  188  multiple physicians.
  189         (b)1.Beginning 7 days after the effective date of this
  190  act, the department shall accept applications for licensure as a
  191  dispensing organization. The department shall review each
  192  application to determine whether the applicant meets the
  193  criteria in subsection (6) and qualifies for licensure.
  194         2. Within 10 days after receiving an application for
  195  licensure, the department shall examine the application, notify
  196  the applicant of any apparent errors or omissions, and request
  197  any additional information the department is allowed by law to
  198  require. An application for licensure must be filed with the
  199  department no later than 5 p.m. on the 45th day after the
  200  effective date of this act, and all applications must be
  201  complete no later than 5 p.m. on the 75th day after the
  202  effective date of this act.
  203         3.The applications shall be reviewed and scored by a
  204  selection committee composed of:
  205         a.The Director of the Office of Compassionate Use within
  206  the department.
  207         b.A member of the Florida Medical Association appointed by
  208  the president of the association.
  209         c.A member of the Drug Policy Institute at the University
  210  of Florida appointed by the president of the University of
  211  Florida.
  212         4.Before the 90th day after the effective date of this
  213  act, the department shall select, based on the scoring of merit
  214  based applications, the two highest-scoring applicants in each
  215  of the state’s five water management districts which meet the
  216  criteria for licensure specified in subsection (6).
  217         a.The scorecards of the selection committee members shall
  218  be combined to generate an aggregate score for each application.
  219  If a tie aggregate score occurs, the winner shall be the
  220  applicant that has the highest number of points on the
  221  aggregated scorecard attributable to the operating nurseryman’s
  222  cultivation experience. If a tie remains after consideration of
  223  such points, the winner shall be the applicant that has the
  224  highest number of points on the aggregated scorecard
  225  attributable to the applicant’s experience in processing
  226  cannabis.
  227         b.Each qualified nursery may submit one application in the
  228  region listed as its primary location on its certificate of
  229  registration with the Department of Agriculture and Consumer
  230  Services as of the date this act takes effect.
  231         5.After the department has selected 10 dispensing
  232  organizations pursuant to subparagraph 4., the department shall
  233  select, based on the scoring of the merit-based applications,
  234  the next 5 highest-scoring applicants statewide which meet the
  235  criteria for licensure specified in subsection (6). A tie shall
  236  be resolved as specified in sub-subparagraph 4.a. An applicant
  237  selected under this subparagraph after being licensed by the
  238  department may operate as a dispensing organization in any
  239  region of the state, but may not have cultivation or processing
  240  facilities outside the region in which it is licensed.
  241         6.The department shall license an applicant selected
  242  pursuant to subparagraph 4. or subparagraph 5. unless the
  243  applicant fails to pay the licensure fee within 20 days of
  244  selection.
  245         7.a.An unsuccessful applicant may contest the final
  246  selection of applicants by filing a written petition with the
  247  State Surgeon General within 5 days after the final selection
  248  occurs. Within 10 days after receipt of the petition, the State
  249  Surgeon General shall review and issue a final determination
  250  regarding the contested selection.
  251         b.An unsuccessful applicant may appeal the State Surgeon
  252  General’s final determination to the circuit court within 10
  253  days after issuance of the final determination by filing a
  254  complaint, together with the fees prescribed in chapter 28, with
  255  the clerk of the circuit court. The complaint must set forth the
  256  grounds on which the petitioner requests that the final
  257  selection of applicants be set aside.
  258         c.Grounds for contesting the selection process are:
  259         (I)Misconduct, fraud, or corruption by any member of the
  260  selection committee.
  261         (II)The ineligibility of a successful applicant.
  262         (III)Proof that a member of the selection committee
  263  accepted or intended to accept a bribe or reward in money,
  264  property, or any other thing of value for the purpose of
  265  influencing the selection of applicants.
  266         d.A petitioner under sub-subparagraph b. is entitled to an
  267  immediate hearing. However, the court in its discretion may
  268  limit the time for taking testimony.
  269         e.The issuance of a license may not be stayed by the
  270  department or the Division of Administrative Hearings during the
  271  pendency of any judicial review proceedings under this
  272  subparagraph.
  273         f.A court may grant a stay or an injunction in an action
  274  relating to the denial of a license only if a bond is posted by
  275  the petitioner seeking a stay or injunction and the court finds
  276  that:
  277         (I)The petitioner has a substantial likelihood of success
  278  on the merits;
  279         (II)The threatened harm or injury to the petitioner
  280  clearly outweighs any possible injury to a qualified patient
  281  occasioned by granting the stay or injunction; and
  282         (III)It is in the public interest to grant the stay or
  283  injunction.
  284         g.A proceeding pursuant to this subparagraph is the
  285  exclusive means to contest or appeal the final selection of
  286  applicants. Chapter 120 does not apply to this subparagraph
  287  Authorize the establishment of five dispensing organizations to
  288  ensure reasonable statewide accessibility and availability as
  289  necessary for patients registered in the compassionate use
  290  registry and who are ordered low-THC cannabis under this
  291  section, one in each of the following regions: northwest
  292  Florida, northeast Florida, central Florida, southeast Florida,
  293  and southwest Florida.
  294         8.The timeframes specified in s. 120.60(1) does not apply
  295  to this paragraph.
  296         (c) The department shall use develop an application form
  297  that requires the applicant to state:
  298         1. Whether the application is for initial licensure or
  299  renewal licensure;
  300         2. The name, the physical address, the mailing address, the
  301  address listed on the Department of Agriculture and Consumer
  302  Services certificate required in paragraph (6)(b), and the
  303  contact information for the applicant and for the nursery that
  304  holds the Department of Agriculture and Consumer Services
  305  certificate, if different from the applicant;
  306         3. The name, address, and contact information for the
  307  operating nurseryman of the organization that holds the
  308  Department of Agriculture and Consumer Services certificate;
  309         4. The name, address, license number, and contact
  310  information for the applicant’s medical director; and
  311         5. All information required to be included by subsection
  312  (6).
  313         (d) The department shall and impose an initial application
  314  fee of $50,000, an initial licensure fee of $125,000, and a
  315  biennial renewal fee of $125,000 that is sufficient to cover the
  316  costs of administering this section. An applicant for approval
  317  as a dispensing organization must be able to demonstrate:
  318         1. The technical and technological ability to cultivate and
  319  produce low-THC cannabis. The applicant must possess a valid
  320  certificate of registration issued by the Department of
  321  Agriculture and Consumer Services pursuant to s. 581.131 that is
  322  issued for the cultivation of more than 400,000 plants, be
  323  operated by a nurseryman as defined in s. 581.011, and have been
  324  operated as a registered nursery in this state for at least 30
  325  continuous years.
  326         2. The ability to secure the premises, resources, and
  327  personnel necessary to operate as a dispensing organization.
  328         3. The ability to maintain accountability of all raw
  329  materials, finished products, and any byproducts to prevent
  330  diversion or unlawful access to or possession of these
  331  substances.
  332         4. An infrastructure reasonably located to dispense low-THC
  333  cannabis to registered patients statewide or regionally as
  334  determined by the department.
  335         5. The financial ability to maintain operations for the
  336  duration of the 2-year approval cycle, including the provision
  337  of certified financials to the department. Upon approval, the
  338  applicant must post a $5 million performance bond.
  339         6. That all owners and managers have been fingerprinted and
  340  have successfully passed a level 2 background screening pursuant
  341  to s. 435.04.
  342         7. The employment of a medical director who is a physician
  343  licensed under chapter 458 or chapter 459 to supervise the
  344  activities of the dispensing organization.
  345         (e) The department may inspect each dispensing
  346  organization’s properties, cultivation facilities, processing
  347  facilities, and retail facilities before and after the
  348  organization begins operations. The department may conduct
  349  announced or unannounced inspections, including followup
  350  inspections, at reasonable hours in order to ensure that such
  351  property and facilities maintain compliance with all applicable
  352  requirements in subsections (6) and (7) and to ensure that the
  353  dispensing organization has not committed any other act that
  354  would endanger the health, safety, or security of a qualified
  355  patient, dispensing organization staff, or the community in
  356  which the dispensing organization is located. Licensure under
  357  this section constitutes permission for the department to enter
  358  and inspect the premises and facilities of any dispensing
  359  organization. The department may inspect any licensed dispensing
  360  organization, and a dispensing organization must make all
  361  facility premises, equipment, documents, low-THC cannabis, and
  362  low-THC cannabis products available to the department upon
  363  inspection. The department may test any low-THC cannabis or low
  364  THC cannabis product in order to ensure that it is safe for
  365  human consumption and that it meets the requirements in this
  366  section.
  367         (f)1.Subject to subparagraph 2., the department may impose
  368  an administrative penalty not to exceed $10,000 for each of the
  369  following violations:
  370         a.Violating this section or department rule.
  371         b.Failing to maintain qualifications for licensure.
  372         c.Endangering the health, safety, or security of a
  373  qualified patient.
  374         d.Improperly disclosing personal and confidential
  375  information of the qualified patient.
  376         e.Attempting to procure a license by bribery or fraudulent
  377  misrepresentation.
  378         f.Being convicted or found guilty of, or entering a plea
  379  of nolo contendere to, regardless of adjudication, a crime in
  380  any jurisdiction which directly relates to the business of a
  381  dispensing organization.
  382         g.Making or filing a report or record that the licensee
  383  knows to be false.
  384         h.Willfully failing to maintain a record required by this
  385  section or rule of the department.
  386         i.Willfully impeding or obstructing an employee or agent
  387  of the department in the furtherance of his or her official
  388  duties.
  389         j.Engaging in fraud or deceit, negligence, incompetence,
  390  or misconduct in the business practices of a dispensing
  391  organization.
  392         k.Making misleading, deceptive, or fraudulent
  393  representations in or related to the business practices of a
  394  dispensing organization.
  395         l.Having a license or the authority to engage in any
  396  regulated profession, occupation, or business that is related to
  397  the business practices of a dispensing organization revoked,
  398  suspended, or otherwise acted against, including the denial of
  399  licensure, by the licensing authority of any jurisdiction,
  400  including its agencies or subdivisions, for a violation that
  401  would constitute a violation under state law. A licensing
  402  authority’s acceptance of a relinquishment of licensure or a
  403  stipulation, consent order, or other settlement, offered in
  404  response to or in anticipation of the filing of charges against
  405  the license, shall be construed as an action against the
  406  license.
  407         m.Violating a lawful order of the department or an agency
  408  of the state, or failing to comply with a lawfully issued
  409  subpoena of the department or an agency of the state.
  410         2.Prior to imposing an administrative penalty under this
  411  paragraph, the department shall provide to the dispensing
  412  organization notice of the alleged violation and allow 20
  413  business days for the dispensing organization to take corrective
  414  action to cure the alleged violation and, if applicable, to
  415  implement corrective action to prevent a future violation. If
  416  the dispensing organization takes appropriate corrective action
  417  to cure the alleged violation and, if applicable, takes
  418  appropriate corrective action to prevent a future violation, the
  419  violation shall be deemed cured and an administrative penalty
  420  may not be imposed. If the violation is not cured, the
  421  department may impose an administrative penalty on the
  422  dispensing organization and may suspend, revoke, deny, or refuse
  423  to renew the license of the dispensing organization.
  424         (g) The department shall create a permitting process for
  425  all dispensing organization vehicles used for the transportation
  426  of low-THC cannabis or low-THC cannabis products.
  427         (h)(c)The department shall monitor physician registration
  428  and recommendation ordering of low-THC cannabis for
  429  recommendation ordering practices that could facilitate unlawful
  430  diversion or misuse of low-THC cannabis and take disciplinary
  431  action as indicated.
  432         (i)(d)The department shall adopt rules as necessary to
  433  implement this section; however, the application process
  434  specified under paragraph (b) to award licenses shall not be
  435  contingent upon rules being first adopted.
  436         (6) DISPENSING ORGANIZATION.—
  437         (a) An applicant seeking licensure as a dispensing
  438  organization, or the renewal of its license, must submit an
  439  application to the department. The department must review all
  440  applications for completeness, including any department
  441  requested inspection of the applicant’s property and facilities
  442  to verify the authenticity of the information provided in, or in
  443  connection with, the application. An applicant authorizes the
  444  department to inspect its property and facilities for licensure
  445  by applying under this subsection.
  446         (b) In order to receive or maintain licensure as a
  447  dispensing organization, an applicant must provide proof that
  448  the applicant, or a separate entity that is owned solely by the
  449  same persons or entities in the same ratio as the applicant:
  450         1.Possesses a valid certificate of registration issued by
  451  the Department of Agriculture and Consumer Services pursuant to
  452  s. 581.131 for the cultivation of more than 400,000 plants, is
  453  operated by a nurseryman as defined in s. 581.011, and has
  454  operated as a registered nursery in this state as the same
  455  corporate entity, or the legal successor of such entity by
  456  merger or acquisition, for at least 30 continuous years as
  457  verified by registrations from both the Division of Corporations
  458  of the Department of State and the Department of Agriculture and
  459  Consumer Services; or
  460         2.Is a recognized class member of Pigford v. Glickman, 182
  461  F.R.D. 82 (D.D.C. 1999) or In re Black Farmers Litig., 856 F.
  462  Supp. 2d 1 (D.D.C. 2011), possesses a valid certificate of
  463  registration issued by the Department of Agriculture and
  464  Consumer Services pursuant to s. 581.131 for the cultivation of
  465  more than 100,000 plants, and has operated as a registered
  466  nursery in this state as the same corporate entity, or the legal
  467  successor of such entity by merger or acquisition, for at least
  468  10 continuous years as verified by registrations from both the
  469  Division of Corporations of the Department of State and the
  470  Department of Agriculture and Consumer Services.
  471  
  472  An applicant or a separate entity under this paragraph must be
  473  capable of obtaining a zoning permit that authorizes the
  474  cultivation of low-THC cannabis in the municipality or county
  475  listed on the applicant’s or entity’s certificate of
  476  registration with the Department of Agriculture and Consumer
  477  Services where the cultivation activities are proposed to occur.
  478         (c)Each applicant for a license must provide proof that:
  479         1.The applicant’s nurseryman as defined in s. 581.011 has
  480  experience cultivating and propagating multiple varieties of
  481  mature, finished, nonnative plants in this state and mature,
  482  finished, potted herbs as evidenced by crop insurance reports or
  483  invoices or bills of sale.
  484         2. The applicant’s personnel on staff or under contract
  485  include at least one person who:
  486         a. Has experience with laboratory procedures which includes
  487  analytical laboratory quality control measures, chain of custody
  488  procedures, and analytical laboratory methods;
  489         b. Has experience with cannabis cultivation and processing,
  490  in a state or nationally regulated market, including cannabis
  491  extraction techniques and producing cannabis products;
  492         c. Has experience and qualifications in chain of custody or
  493  other tracking mechanisms; and
  494         d. Works solely for security purposes.
  495         3. Each owner who has a 10 percent or greater interest in
  496  the dispensing organization and the applicant’s managers,
  497  employees, and contractors who directly interact with low-THC
  498  cannabis or low-THC cannabis products have been fingerprinted
  499  and have successfully passed a level 2 background screening
  500  pursuant to s. 435.04.
  501         4. The applicant owns, has at least a 2-year lease of, or
  502  has an option to lease or own, all proposed properties,
  503  facilities, and equipment necessary for the cultivation and
  504  processing of low-THC cannabis. The applicant must provide a
  505  detailed description of each proposed facility and its
  506  equipment, a cultivation and processing plan, and a detailed
  507  floor plan. The description must include proof that each
  508  facility is secured and has theft-prevention systems including
  509  an alarm system, cameras, and security personnel.
  510         5. The applicant has diversion and tracking prevention
  511  procedures, including:
  512         a. A system for tracking low-THC material through
  513  cultivation, processing, and dispensing, including the use of
  514  batch and harvest numbers;
  515         b. An inventory control system for low-THC cannabis and
  516  low-THC cannabis products;
  517         c. A vehicle tracking and security system; and
  518         d. A cannabis waste-disposal plan.
  519         6. The applicant has recordkeeping policies and procedures
  520  in place.
  521         7. The applicant has a facility emergency management plan.
  522         8. The applicant has the financial ability to operate as
  523  demonstrated by $4 million in escrowed funds or the equivalent
  524  of $4 million in pledged assets, securities, or irrevocable
  525  letters of credit.
  526         9.The applicant has a $1 million performance and
  527  compliance bond, or other equivalent means of security, such as
  528  an irrevocable letter of credit, pledged securities, or a
  529  deposit in a trust account or financial institution, payable to
  530  the department, which must be posted once the applicant is
  531  approved as a dispensing organization. The purpose of the bond
  532  is to secure payment of any administrative penalties imposed by
  533  the department. The department may make a claim against such
  534  bond or security until 1 year after the dispensing
  535  organization’s license ceases to be valid or until 60 days after
  536  any administrative or legal proceeding authorized in this
  537  section involving the dispensing organization concludes,
  538  including any appeal, whichever occurs later.
  539         10. The applicant employs or contracts a medical director
  540  who is a Florida resident and a physician licensed under chapter
  541  458 or chapter 459 to supervise the activities of the dispensing
  542  organization.
  543  
  544  Each applicant that submits a complete application shall be
  545  reviewed and scored by the reviewers under paragraph (5)(b)
  546  based on the degree to which the applicant meets and exceeds the
  547  criteria specified in this paragraph.
  548         (d)The license of a dispensing organization shall be
  549  renewed by the department biennially if the dispensing
  550  organization meets the requirements of paragraphs (b) and (c),
  551  pays the biennial renewal fee, and, if applicable, has cured
  552  each violation alleged under paragraph (5)(f).
  553         (e) An approved dispensing organization shall maintain
  554  compliance with the criteria in paragraphs (b), (c), and (f) and
  555  subsection (7) demonstrated for selection and approval as a
  556  dispensing organization under subsection (5) at all times.
  557  Before dispensing low-THC cannabis or low-THC cannabis products
  558  to a qualified patient or to the qualified patient’s legal
  559  representative, the dispensing organization shall verify the
  560  identity of the qualified patient or the qualified patient’s
  561  legal representative by requiring the qualified patient or the
  562  qualified patient’s legal representative to produce a
  563  government-issued identification card and shall verify that the
  564  qualified patient and the qualified patient’s legal
  565  representative have has an active registration in the
  566  compassionate use registry, that the recommendation order
  567  presented matches the recommended order contents as recorded in
  568  the registry, and that the recommendation order has not already
  569  been filled. Upon dispensing the low-THC cannabis, the
  570  dispensing organization shall record in the registry the date,
  571  time, quantity, and form of low-THC cannabis dispensed.
  572         (f) A dispensing organization may have cultivation
  573  facilities, processing facilities, and retail facilities.
  574         1. The cultivation facilities and processing facilities
  575  must be closed to the public.
  576         2. A municipality may determine by ordinance the criteria
  577  for the number and location of, and other permitting
  578  requirements for, all cultivation, processing, and retail
  579  facilities located within its municipal boundaries. A county may
  580  determine by ordinance the criteria for the number, location,
  581  and other permitting requirements for all cultivation,
  582  processing, and retail facilities located within the
  583  unincorporated areas of that county. Retail facilities must have
  584  all utilities and resources necessary to store and dispense low
  585  THC cannabis and low-THC cannabis products. Retail facilities
  586  must be secured and have theft-prevention systems, including an
  587  alarm system, cameras, and 24-hour security personnel. Before a
  588  retail facility may dispense low-THC cannabis or a low-THC
  589  cannabis product, the dispensing organization must have a
  590  computer network compliant with the federal Health Insurance
  591  Portability and Accountability Act of 1996 which is able to
  592  access and upload data to the compassionate use registry and
  593  which shall be used by all retail facilities.
  594         (g) Within 15 days after such information becoming
  595  available, a dispensing organization must provide the department
  596  with updated information, as applicable, including:
  597         1. The location and a detailed description of any new or
  598  proposed facilities.
  599         2. The updated contact information, including electronic
  600  and voice communication, for all dispensing organization
  601  facilities.
  602         3. The registration information for any vehicles used for
  603  the transportation of low-THC cannabis and low-THC cannabis
  604  products, including confirmation that all such vehicles have
  605  tracking and security systems.
  606         4. A plan for the recall of any or all low-THC cannabis or
  607  low-THC cannabis products.
  608         (h)1. A dispensing organization or a contractor of the
  609  organization may transport low-THC cannabis or low-THC cannabis
  610  products in vehicles departing from their places of business
  611  only in vehicles that are owned or leased by the licensee or by
  612  a person or contractor designated by the dispensing
  613  organization, and for which a valid vehicle permit has been
  614  issued for such vehicle by the department.
  615         2.A vehicle owned or leased by the dispensing organization
  616  or a person or contractor designated by the dispensing
  617  organization and approved by the department must be operated by
  618  such person when transporting low-THC cannabis or low-THC
  619  products from the licensee’s place of business.
  620         3.A vehicle permit may be obtained by a dispensing
  621  organization upon application and payment of a fee of $5 per
  622  vehicle to the department. The signature of the person
  623  designated by the dispensing organization to drive the vehicle
  624  must be included on the vehicle permit application. Such permit
  625  remains valid and does not expire unless the licensee or any
  626  person designated by the dispensing organization disposes of his
  627  or her vehicle, or the licensee’s license is transferred,
  628  canceled, not renewed, or is revoked by the department,
  629  whichever occurs first. The department shall cancel a vehicle
  630  permit upon request of the licensee or owner of the vehicle.
  631         4.By acceptance of a license issued under this section,
  632  the licensee agrees that the licensed vehicle is, at all times
  633  it is being used to transport low-THC cannabis or low-THC
  634  cannabis products, subject to inspection and search without a
  635  search warrant by authorized employees of the department,
  636  sheriffs, deputy sheriffs, police officers, or other law
  637  enforcement officers to determine that the licensee is
  638  transporting such products in compliance with this section.
  639         (i)A dispensing organization may wholesale low-THC
  640  cannabis or a low-THC cannabis product to another licensed
  641  dispensing organization.
  642         (7)TESTING AND LABELING OF LOW-THC CANNABIS.
  643         (a)All low-THC cannabis and low-THC cannabis products must
  644  be tested by an independent testing laboratory before the
  645  dispensing organization may dispense them. The independent
  646  testing laboratory shall provide the dispensing organization
  647  with lab results. Before dispensing, the dispensing organization
  648  must determine that the lab results indicate that the low-THC
  649  cannabis or low-THC cannabis product meets the definition of
  650  low-THC cannabis or low-THC cannabis product, is safe for human
  651  consumption, and is free from contaminants that are unsafe for
  652  human consumption.
  653         (b)All low-THC cannabis and low-THC cannabis products must
  654  be labeled before dispensing. The label must include, at a
  655  minimum:
  656         1. A statement that the low-THC cannabis or low-THC
  657  cannabis product meets the requirements in paragraph (a);
  658         2.The name of the independent testing laboratory that
  659  tested the low-THC cannabis or low-THC cannabis product;
  660         3.The name of the cultivation and processing facility
  661  where the low-THC cannabis or low-THC cannabis product
  662  originates; and
  663         4.The batch number and harvest number from which the low
  664  THC cannabis or low-THC cannabis product originates.
  665         (8) SAFETY AND EFFICACY RESEARCH FOR LOW-THC CANNABIS.—The
  666  University of Florida College of Pharmacy shall establish and
  667  maintain a safety and efficacy research program for the use of
  668  low-THC cannabis or low-THC cannabis products to treat
  669  qualifying conditions and symptoms. The program must include a
  670  fully integrated electronic information system for the broad
  671  monitoring of health outcomes and safety signal detection. The
  672  electronic information system must include information from the
  673  compassionate use registry; provider reports, including
  674  treatment plans, adverse event reports, and treatment
  675  discontinuation reports; patient reports of adverse impacts;
  676  event-triggered interviews and medical chart reviews performed
  677  by University of Florida clinical research staff; information
  678  from external databases, including Medicaid billing reports and
  679  information in the prescription drug monitoring database for
  680  registered patients; and all other medical reports required by
  681  the University of Florida to conduct the research required by
  682  this subsection. The department must provide access to
  683  information from the compassionate use registry and the
  684  prescription drug monitoring database, established in s.
  685  893.055, as needed by the University of Florida to conduct
  686  research under this subsection. The Agency for Health Care
  687  Administration must provide access to registered patient
  688  Medicaid records, to the extent allowed under federal law, as
  689  needed by the University of Florida to conduct research under
  690  this subsection.
  691         (9) The persons who have direct or indirect interest in the
  692  dispensing organization and the dispensing organization’s
  693  managers, employees, and contractors who directly interact with
  694  low-THC cannabis or low-THC cannabis products are prohibited
  695  from making recommendations, offering prescriptions, or
  696  providing medical advice to qualified patients.
  697         (10)(7) EXCEPTIONS TO OTHER LAWS.—
  698         (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  699  any other provision of law, but subject to the requirements of
  700  this section, a qualified patient and the qualified patient’s
  701  legal representative who is registered with the department on
  702  the compassionate use registry may purchase and possess for the
  703  patient’s medical use up to the amount of low-THC cannabis
  704  recommended ordered for the patient. The patient or patient’s
  705  representative may purchase, consume, or possess only low-THC
  706  cannabis that has been produced by a dispensing organization
  707  licensed under this section. Nothing in this section exempts any
  708  person from the prohibition against driving under the influence
  709  provided in s. 316.193.
  710         (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  711  any other provision of law, but subject to the requirements of
  712  this section, an approved dispensing organization and its
  713  owners, managers, and employees and the owners, managers, and
  714  employees of contractors who have direct contact with low-THC
  715  cannabis or low-THC cannabis product may manufacture, possess,
  716  sell, deliver, distribute, dispense, and lawfully dispose of
  717  reasonable quantities, as established by department rule, of
  718  low-THC cannabis. For purposes of this subsection, the terms
  719  “manufacture,” “possession,” “deliver,” “distribute,” and
  720  “dispense” have the same meanings as provided in s. 893.02.
  721         (c) An approved dispensing organization and its owners,
  722  managers, and employees, and contractors are not subject to
  723  licensure or regulation under chapter 465 or chapter 499 for
  724  manufacturing, possessing, selling, delivering, distributing,
  725  dispensing, or lawfully disposing of reasonable quantities, as
  726  established by department rule, of low-THC cannabis.
  727         (d) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  728  any other law, but subject to the requirements of this section,
  729  an independent testing laboratory and its employees may receive
  730  and possess low-THC cannabis for the sole purpose of testing the
  731  low-THC cannabis to ensure compliance with this section.
  732         Section 2. Paragraph (g) is added to subsection (3) of
  733  section 381.987, Florida Statutes, to read:
  734         381.987 Public records exemption for personal identifying
  735  information in the compassionate use registry.—
  736         (3) The department shall allow access to the registry,
  737  including access to confidential and exempt information, to:
  738         (g) Persons engaged in research at the University of
  739  Florida pursuant to s. 381.986(8).
  740         Section 3. Paragraph (b) of subsection (7) of section
  741  893.055, Florida Statutes, is amended to read:
  742         893.055 Prescription drug monitoring program.—
  743         (7)
  744         (b) A pharmacy, prescriber, or dispenser shall have access
  745  to information in the prescription drug monitoring program’s
  746  database which relates to a patient of that pharmacy,
  747  prescriber, or dispenser in a manner established by the
  748  department as needed for the purpose of reviewing the patient’s
  749  controlled substance prescription history. Persons engaged in
  750  research at the University of Florida pursuant to s. 381.986(8)
  751  shall have access to information in the prescription drug
  752  monitoring program’s database which relates to qualified
  753  patients as defined in s. 381.986(1) for the purpose of
  754  conducting such research. Other access to the program’s database
  755  shall be limited to the program’s manager and to the designated
  756  program and support staff, who may act only at the direction of
  757  the program manager or, in the absence of the program manager,
  758  as authorized. Access by the program manager or such designated
  759  staff is for prescription drug program management only or for
  760  management of the program’s database and its system in support
  761  of the requirements of this section and in furtherance of the
  762  prescription drug monitoring program. Confidential and exempt
  763  information in the database shall be released only as provided
  764  in paragraph (c) and s. 893.0551. The program manager,
  765  designated program and support staff who act at the direction of
  766  or in the absence of the program manager, and any individual who
  767  has similar access regarding the management of the database from
  768  the prescription drug monitoring program shall submit
  769  fingerprints to the department for background screening. The
  770  department shall follow the procedure established by the
  771  Department of Law Enforcement to request a statewide criminal
  772  history record check and to request that the Department of Law
  773  Enforcement forward the fingerprints to the Federal Bureau of
  774  Investigation for a national criminal history record check.
  775         Section 4. Paragraph (h) is added to subsection (3) of
  776  section 893.0551, Florida Statutes, to read:
  777         893.0551 Public records exemption for the prescription drug
  778  monitoring program.—
  779         (3) The department shall disclose such confidential and
  780  exempt information to the following persons or entities upon
  781  request and after using a verification process to ensure the
  782  legitimacy of the request as provided in s. 893.055:
  783         (h) Persons engaged in research at the University of
  784  Florida pursuant to s. 381.986(8).
  785         Section 5. If an application for licensure as a dispensing
  786  organization was submitted to the Department of Health before
  787  the effective date of this act, the department shall within 7
  788  days after the effective date of this act examine the
  789  application and notify the applicant if the application does not
  790  comply with s. 381.986, Florida Statutes. The department shall
  791  allow an applicant to correct and refile its application in
  792  compliance with the deadlines specified in s. 381.986(5),
  793  Florida Statutes.
  794         Section 6. This act shall take effect upon becoming a law.
  795  
  796  ================= T I T L E  A M E N D M E N T ================
  797  And the title is amended as follows:
  798         Delete everything before the enacting clause
  799  and insert:
  800                        A bill to be entitled                      
  801         An act relating to low-THC cannabis; amending s.
  802         381.986, F.S.; defining and redefining terms; revising
  803         the illnesses and symptoms for which a physician may
  804         recommend for the patient’s medical use low-THC
  805         cannabis; revising requirements applicable to such
  806         recommendations; providing that a physician who
  807         improperly recommends low-THC cannabis is subject to
  808         specified disciplinary action; providing that a
  809         physician who recommends low-THC cannabis without a
  810         specified reasonable belief is subject to certain
  811         criminal penalties; providing that a patient who
  812         fraudulently misrepresents a condition to obtain low
  813         THC cannabis is subject to certain criminal penalties;
  814         requiring specified physician education to be offered
  815         by the Florida Medical Association or Florida
  816         Osteopathic Medical Association a certain number of
  817         times annually; revising the duties of the Department
  818         of Health; requiring the department to create a
  819         secure, electronic, and online compassionate use
  820         registry; requiring the department to begin accepting
  821         applications for licensure as a dispensing
  822         organization within a certain period according to a
  823         specified application process; requiring applications
  824         to be reviewed and scored by a selection committee;
  825         specifying the composition of the committee; requiring
  826         the department to select a specified number of
  827         applicants based on certain criteria for licensure as
  828         dispensing organizations in certain regions of the
  829         state and statewide; authorizing certain applicants to
  830         operate as a dispensing organization in any region of
  831         the state, but prohibiting such organization from
  832         having cultivation or processing facilities outside
  833         the region in which it is licensed; requiring the
  834         department to license selected applicants unless the
  835         applicant fails to pay the licensure fee within a
  836         specified period; providing a process for an
  837         unsuccessful applicant to contest and appeal the
  838         department’s final selection of applicants; providing
  839         that ch. 120, F.S., does not apply to such process;
  840         providing that certain timeframes do not apply to the
  841         application and licensure process; requiring the
  842         department to use an application form requiring
  843         specified information; requiring the department to
  844         impose certain application, licensure, and renewal
  845         fees; authorizing the department to inspect each
  846         dispensing organization’s properties, cultivation
  847         facilities, processing facilities, and retail
  848         facilities before and after those facilities begin
  849         operations; requiring dispensing organizations to make
  850         all facility premises, equipment, documents, low-THC
  851         cannabis, and low-THC cannabis products available to
  852         the department upon inspection; authorizing the
  853         department to test low-THC cannabis or low-THC
  854         cannabis products; authorizing the department to
  855         impose an administrative penalty and take other
  856         specified administrative action against the license of
  857         a dispensing organization based on specified
  858         violations if the dispensing organization fails to
  859         cure a violation after being providing certain notice
  860         and an opportunity to cure; requiring the department
  861         to create a permitting process for vehicles used for
  862         the transportation of low-THC cannabis or low-THC
  863         cannabis products; requiring the department to adopt
  864         rules as necessary for implementation of the section;
  865         specifying that the award of certain licenses is not
  866         contingent on such rules being first adopted;
  867         providing procedures and requirements for an applicant
  868         seeking licensure as a dispensing organization and for
  869         the renewal and maintenance of such license; requiring
  870         the dispensing organization to verify specified
  871         information of specified persons in certain
  872         circumstances; authorizing a dispensing organization
  873         to have cultivation facilities, processing facilities,
  874         and retail facilities; authorizing a municipality and
  875         county to determine by ordinance the number and
  876         location of, and other permitting requirements for,
  877         all cultivation, processing, and retail facilities
  878         located within its respective boundaries; specifying
  879         requirements for retail facilities; requiring a
  880         dispensing organization to provide the department with
  881         certain updated information within a specified period;
  882         authorizing a dispensing organization or contractor to
  883         transport low-THC cannabis or low-THC cannabis
  884         products in vehicles in certain circumstances;
  885         requiring such vehicles to be operated by specified
  886         persons in certain circumstances; requiring a fee for
  887         a vehicle permit; requiring the signature of the
  888         designated driver with a vehicle permit application;
  889         providing for expiration of the permit in certain
  890         circumstances; requiring the department to cancel a
  891         vehicle permit upon the request of specified persons;
  892         providing that the licensee authorizes the inspection
  893         and search of his or her vehicle without a search
  894         warrant by specified persons; requiring all low-THC
  895         cannabis and low-THC cannabis products to be tested by
  896         an independent testing laboratory before the
  897         dispensing organization may dispense it; requiring the
  898         independent testing laboratory to provide the lab
  899         results to the dispensing organization for a specified
  900         determination; requiring all low-THC cannabis and low
  901         THC cannabis products to be labeled with specified
  902         information before dispensing; requiring the
  903         University of Florida College of Pharmacy to establish
  904         and maintain a specified safety and efficacy research
  905         program; providing program requirements; requiring the
  906         department to provide information from the
  907         prescription drug monitoring program to the University
  908         of Florida as needed; requiring the Agency for Health
  909         Care Administration to provide access to specified
  910         patient records under certain circumstances;
  911         prohibiting persons who have direct or indirect
  912         interest in a dispensing organization and the
  913         dispensing organization’s managers, employees, and
  914         contractors who directly interact with low-THC
  915         cannabis and low-THC cannabis products from making
  916         recommendations, offering prescriptions, or providing
  917         medical advice to qualified patients; providing that
  918         the act does not provide an exception to the
  919         prohibition against driving under the influence;
  920         authorizing specified individuals to manufacture,
  921         possess, sell, deliver, distribute, dispense, and
  922         lawfully dispose of reasonable quantities of low-THC
  923         cannabis; authorizing a laboratory and its employees
  924         to receive and possess low-THC cannabis in certain
  925         circumstances; amending s. 381.987, F.S.; requiring
  926         the department to allow specified persons engaged in
  927         research to access the compassionate use registry;
  928         amending s. 893.055, F.S.; providing that persons
  929         engaged in research at the University of Florida shall
  930         have access to specified information; amending s.
  931         893.0551, F.S.; authorizing certain persons engaged in
  932         research at the University of Florida to have access
  933         to specified information in the prescription drug
  934         monitoring program’s database; requiring the
  935         Department of Health to provide notice to certain
  936         applicants for licensure as a dispensing organization
  937         if their applications do not comply with specified
  938         law; requiring the department to allow such applicant
  939         to correct and refile its application; providing an
  940         effective date.