Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 406
Ì633022gÎ633022
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/04/2017 .
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The Committee on Health Policy (Bradley) recommended the
following:
1 Senate Amendment (with title amendment)
2
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.
50
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;