Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 406
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/04/2017           .                                

       The Committee on Health Policy (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Between lines 952 and 953
    4  insert:
    5         (h) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
    6  any other provision of law, but subject to the requirements of
    7  this section, a research institute established by a public
    8  postsecondary educational institution, such as the H. Lee
    9  Moffitt Cancer Center and Research Institute established under
   10  s. 1004.43, or a state university that has achieved the
   11  preeminent state research university designation pursuant to s.
   12  1001.7065 may possess, test, transport, and lawfully dispose of
   13  marijuana for research purposes as provided by department rule.
   14         (11) RULEMAKING.-
   15         (a) The department and the applicable boards shall adopt
   16  emergency rules pursuant to s. 120.54(4) and this subsection
   17  necessary to implement this section. If an emergency rule
   18  adopted under this subsection is held to be unconstitutional or
   19  an invalid exercise of delegated legislative authority and
   20  becomes void, the department and the applicable boards may adopt
   21  an emergency rule to replace the rule that has become void. If
   22  the emergency rule adopted to replace the void emergency rule is
   23  also held to be unconstitutional or an invalid exercise of
   24  delegated legislative authority and becomes void, the department
   25  and the applicable boards must follow the nonemergency
   26  rulemaking procedures of the Administrative Procedures Act to
   27  replace the rule that has become void.
   28         (b) For emergency rules adopted under this subsection, the
   29  department and the applicable boards need not make the findings
   30  required by s. 120.54(4)(a). Emergency rules adopted under this
   31  subsection are exempt from ss. 120.54(3)(b) and 120.541. The
   32  department and the applicable boards shall meet the procedural
   33  requirements in s. 120.54(2)(a) if the department or the
   34  applicable boards have, before the effective date of this act,
   35  held any public workshops or hearings on the subject matter of
   36  the emergency rules adopted under this subsection. Challenges to
   37  emergency rules adopted under this subsection shall be subject
   38  to the time schedules provided in s. 120.56(5).
   39         (c) Emergency rules adopted under this section are exempt
   40  from s. 120.54(4)(c) and shall remain in effect until replaced
   41  by rules adopted under the nonemergency rulemaking procedures of
   42  the Administrative Procedures Act. By January 1, 2018, the
   43  department and the applicable boards shall initiate nonemergency
   44  rulemaking pursuant to the Administrative Procedures Act by
   45  publishing a notice of rule development in the Florida
   46  Administrative Register. Except as provided in paragraph (a),
   47  after January 1, 2018, the department and applicable boards may
   48  not adopt rules pursuant to the emergency rulemaking procedures
   49  provided in this subsection.
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Between lines 56 and 57
   54  insert:
   55         providing that certain research institutions may
   56         possess, test, transport, and dispose of marijuana
   57         subject to certain conditions and as provided by
   58         department rule; providing for the use of emergency
   59         rulemaking procedures by the department;