Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. PCS (832708) for CS for SB 406
Senate . House
Comm: RCS .
The Committee on Appropriations (Braynon) recommended the
1 Senate Amendment
3 Delete lines 661 - 714
4 and insert:
5 (g) Identify applicants with strong diversity plans
6 reflecting this state’s commitment to diversity.
7 (h) Implement training programs and other educational
8 programs to enable minority persons and minority business
9 enterprises, as defined in s. 288.703, and veteran business
10 enterprises, as defined in s. 295.187, to compete for MMTC
11 registration and contracts.
The department shall Develop an application form for
13 registration as an MMTC and impose an initial application and
14 biennial renewal fee that is sufficient to cover the costs of
15 administering this section. To be registered as an MMTC, the an
16 applicant for approval as a dispensing organization must be able
17 to demonstrate:
18 1. That, for the 5 consecutive years before submitting the
19 application, the applicant has been registered to do business in
20 this state.
21 2. 1. The technical and technological ability to cultivate
22 and produce low-THC cannabis and marijuana. The applicant must
23 possess a valid certificate of registration issued by the
24 Department of Agriculture and Consumer Services pursuant to s.
25 581.131 that is issued for the cultivation of more than 400,000
26 plants, be operated by a nurseryman as defined in s. 581.011,
27 and have been operated as a registered nursery in this state for
28 at least 30 continuous years.
29 3. 2. The ability to secure the premises, resources, and
30 personnel necessary to operate as an MMTC a d ispensing
32 4. 3. The ability to maintain accountability of all raw
33 materials, finished products, and any byproducts to prevent
34 diversion or unlawful access to or possession of these
36 5. 4. An infrastructure reasonably located to dispense low
37 THC cannabis and marijuana to registered qualifying patients
38 statewide or regionally as determined by the department.
39 6. 5. The financial ability to maintain operations for the
40 duration of the 2-year approval cycle, including the provision
41 of certified financials to the department. Upon approval, the
42 applicant must post a $5 million performance bond. However, upon
43 an MMTC a dispensing organization’s serving at least 1,000
44 qualifying qualified patients, the MMTC dispensing organization
45 is only required to maintain a $2 million performance bond.
46 7. 6. That all owners and managers have been fingerprinted
47 and have successfully passed a level 2 background screening
48 pursuant to s. 435.04.
49 8. The ability to implement a diversity plan that promotes
50 and ensures the involvement of minority persons and minority
51 business enterprises, as defined in s. 288.703, or veteran
52 business enterprises, as defined in s. 295.187, in ownership,
53 management, employment, and contracting opportunities.
54 a. A diversity plan must be submitted with an MMTC
56 b. Upon registration renewal the MMTC must show the
57 effectiveness of the diversity plan by including the following:
58 (I) Representation of minority persons and veterans in the
59 MMTC’s workforce;
60 (II) Efforts to recruit minority persons and veterans for
61 employment; and
62 (III) A record of contracts for services with minority
63 business enterprises and veteran business enterprises.
64 9. 7. The employment of a medical director to supervise the
65 activities of the MMTC dispensing organization.
66 (c) Upon the registration of 250,000 active qualified
67 patients in the compassionate use registry, approve three
68 dispensing organizations, including, but not limited to, an
69 applicant that is a recognized class member of Pigford v.
70 Glickman , 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
71 Litig. , 856 F. Supp. 2d 1 (D.D.C. 2011), and a member of the
72 Black Farmers and Agriculturalists Association, which must meet
73 the requirements of subparagraphs (b)2.-7. and demonstrate the
74 technical and technological ability to cultivate and produce
75 low-THC cannabis.
76 (j) (d) Allow an MMTC a d ispensing organization to make a
77 wholesale purchase of marijuana low-THC cannabis or medical
78 cannabis from, or a distribution of marijuana low-THC cannabis
79 or medical cannabis to, another MMTC dispensing organization.
80 (k) (e) Monitor physician registration in the compassionate