Florida Senate - 2020 SENATOR AMENDMENT
Bill No. CS/CS/CS/HB 713, 2nd Eng.
Ì183748OÎ183748
LEGISLATIVE ACTION
Senate . House
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Senator Brandes moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 413 - 997
4 and insert:
5 Section 5. Paragraph (b) of subsection (8) of section
6 381.986, Florida Statutes, is amended to read:
7 381.986 Medical use of marijuana.—
8 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
9 (b) An applicant for licensure as a medical marijuana
10 treatment center shall apply to the department on a form
11 prescribed by the department and adopted in rule. The department
12 shall adopt rules pursuant to ss. 120.536(1) and 120.54
13 establishing a procedure for the issuance and biennial renewal
14 of licenses, including initial application and biennial renewal
15 fees sufficient to cover the costs of implementing and
16 administering this section, and establishing supplemental
17 licensure fees for payment beginning May 1, 2018, sufficient to
18 cover the costs of administering ss. 381.989 and 1004.4351. The
19 department shall refuse to renew the license of a medical
20 marijuana treatment center that has not begun to cultivate,
21 process, and dispense marijuana by the date that the medical
22 marijuana treatment center is required to renew its license. The
23 department shall identify applicants with strong diversity plans
24 reflecting this state’s commitment to diversity and implement
25 training programs and other educational programs to enable
26 minority persons and minority business enterprises, as defined
27 in s. 288.703, and veteran business enterprises, as defined in
28 s. 295.187, to compete for medical marijuana treatment center
29 licensure and contracts. Subject to the requirements in
30 subparagraphs (a)2.-4., the department shall issue a license to
31 an applicant if the applicant meets the requirements of this
32 section and pays the initial application fee. The department
33 shall renew the licensure of a medical marijuana treatment
34 center biennially if the licensee meets the requirements of this
35 section and pays the biennial renewal fee. An individual may not
36 be an applicant, owner, officer, board member, or manager on
37 more than one application for licensure as a medical marijuana
38 treatment center. An individual or entity may not be awarded
39 more than one license as a medical marijuana treatment center.
40 An applicant for licensure as a medical marijuana treatment
41 center must demonstrate:
42 1. That, for the 5 consecutive years before submitting the
43 application, the applicant has been registered to do business in
44 the state.
45 2. Possession of a valid certificate of registration issued
46 by the Department of Agriculture and Consumer Services pursuant
47 to s. 581.131.
48 3. The technical and technological ability to cultivate and
49 produce marijuana, including, but not limited to, low-THC
50 cannabis.
51 4. The ability to secure the premises, resources, and
52 personnel necessary to operate as a medical marijuana treatment
53 center.
54 5. The ability to maintain accountability of all raw
55 materials, finished products, and any byproducts to prevent
56 diversion or unlawful access to or possession of these
57 substances.
58 6. An infrastructure reasonably located to dispense
59 marijuana to registered qualified patients statewide or
60 regionally as determined by the department.
61 7. The financial ability to maintain operations for the
62 duration of the 2-year approval cycle, including the provision
63 of certified financial statements to the department.
64 a. Upon approval, the applicant must post a $5 million
65 performance bond issued by an authorized surety insurance
66 company rated in one of the three highest rating categories by a
67 nationally recognized rating service. However, a medical
68 marijuana treatment center serving at least 1,000 qualified
69 patients is only required to maintain a $2 million performance
70 bond.
71 b. In lieu of the performance bond required under sub
72 subparagraph a., the applicant may provide an irrevocable letter
73 of credit payable to the department or provide cash to the
74 department. If provided with cash under this sub-subparagraph,
75 the department shall deposit the cash in the Grants and
76 Donations Trust Fund within the Department of Health, subject to
77 the same conditions as the bond regarding requirements for the
78 applicant to forfeit ownership of the funds. If the funds
79 deposited under this sub-subparagraph generate interest, the
80 amount of that interest shall be used by the department for the
81 administration of this section.
82 8. That all owners, officers, board members, and managers
83 have passed a background screening pursuant to subsection (9).
84 9. The employment of a medical director to supervise the
85 activities of the medical marijuana treatment center.
86 10. A diversity plan that promotes and ensures the
87 involvement of minority persons and minority business
88 enterprises, as defined in s. 288.703, or veteran business
89 enterprises, as defined in s. 295.187, in ownership, management,
90 and employment. An applicant for licensure renewal must show the
91 effectiveness of the diversity plan by including the following
92 with his or her application for renewal:
93 a. Representation of minority persons and veterans in the
94 medical marijuana treatment center’s workforce;
95 b. Efforts to recruit minority persons and veterans for
96 employment; and
97 c. A record of contracts for services with minority
98 business enterprises and veteran business enterprises.
99
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete lines 20 - 49
103 and insert:
104 Centers Program; amending s. 381.986, F.S.; requiring
105 the department to refuse to renew a medical marijuana
106 treatment center’s license under certain
107 circumstances; amending s. 401.35,