Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 8-A
       
       
       
       
       
       
                                Ì661208"Î661208                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  06/08/2017           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 1408 - 1454
    4  and insert:
    5         (11) PREEMPTION.—
    6         (a) Regulation of cultivation, processing, and delivery of
    7  marijuana by medical marijuana treatment centers is preempted to
    8  the state except as provided in paragraph (b).
    9         (b) A municipality may determine by ordinance the criteria
   10  for the number and location of, and other permitting
   11  requirements that do not conflict with state law or department
   12  rule for, dispensing facilities of medical marijuana treatment
   13  centers located within its municipal boundaries, or ban such
   14  dispensing facilities. A county may determine by ordinance the
   15  criteria for the number, location, and other permitting
   16  requirements that do not conflict with state law or department
   17  rule for all dispensing facilities of medical marijuana
   18  treatment centers located within the unincorporated areas of
   19  that county, or ban such dispensing facilities.
   20         (c) A municipality or county that does not ban medical
   21  marijuana treatment center dispensing facilities must permit at
   22  least two separately licensed medical marijuana treatment
   23  centers to locate dispensing facilities within that municipality
   24  or unincorporated areas of that county.
   25         (d) A county or municipality may not enact ordinances for
   26  determining the location of dispensing facilities which are more
   27  restrictive than its ordinances determining the locations for
   28  pharmacies licensed under chapter 465.
   29         (e) A municipality or county may not charge a medical
   30  marijuana treatment center a license or permit fee in an amount
   31  greater than the fee charged by such municipality or county to
   32  pharmacies licensed under chapter 465.
   33         (f) This subsection does not prohibit any local
   34  jurisdiction from ensuring that medical marijuana treatment
   35  center facilities comply with the Florida Building Code, the
   36  Florida Fire Prevention Code, or any local amendments to the
   37  Florida Building Code or the Florida Fire Prevention Code.
   38         (g) A dispensing facility location approved by a
   39  municipality or county pursuant to former s. 381.986(8)(b),
   40  Florida Statutes 2016, is not subject to the requirements of
   41  this section.