Florida Senate - 2020 SB 720
By Senator Montford
1 A bill to be entitled
2 An act relating to the medical use of marijuana in
3 schools; amending s. 381.986, F.S.; conforming
4 provisions to changes made by the act; authorizing a
5 qualified patient to designate more than one caregiver
6 to assist with the qualified patient’s medical use of
7 marijuana under certain circumstances; authorizing a
8 county-designated caregiver to register as a caregiver
9 for more than one qualified patient under certain
10 circumstances; conforming cross-references; creating
11 s. 381.9867, F.S.; defining terms; providing a
12 procedure for a parent of a student who is a qualified
13 patient to request that marijuana be administered to
14 the student during the school day; requiring the
15 parent to include certain information in the written
16 request to a school principal; specifying that a
17 registered caregiver who is authorized by that
18 student’s parent to administer marijuana to the
19 student during the school day is responsible for
20 obtaining, accounting for, and storing the marijuana
21 and any marijuana delivery devices; requiring a school
22 principal who receives a request authorizing a county
23 designated caregiver to administer marijuana to the
24 student to notify the county health department for the
25 county in which the school is located; requiring a
26 county health department that receives such
27 notification to notify the Department of Health of the
28 request; requiring the department to designate no more
29 than two employees of the county health department to
30 serve as county-designated caregivers; requiring a
31 county-designated caregiver to follow the procedures
32 adopted by department rule; requiring the student’s
33 caregiver to provide to a county-designated caregiver
34 at a certain location an appropriate supply of
35 marijuana and any marijuana delivery devices needed
36 during the school day; requiring the county-designated
37 caregiver to document and account for the marijuana
38 and any marijuana delivery devices received; requiring
39 marijuana in its original container and marijuana
40 delivery devices to be stored under lock and key when
41 not in use or when being transported for use;
42 providing that a county-designated caregiver is not
43 liable for civil damages as a result of his or her
44 actions if certain criteria are met; requiring a
45 school principal who receives a request for marijuana
46 to be administered during the school day to designate
47 an isolated area on school grounds where marijuana may
48 be administered to the student; requiring that a
49 caregiver or a county-designated caregiver
50 administering marijuana to the student do so in the
51 area the school principal designates; prohibiting
52 marijuana and marijuana delivery devices from being
53 stored on school grounds; prohibiting a school from
54 obstructing a student who is a qualified patient from
55 accessing marijuana during the school day; providing
56 that funding needed to administer this section must be
57 provided from the Grants and Donations Trust Fund
58 within the Department of Health from certain fees the
59 department collects; requiring the department to adopt
60 rules; amending s. 1006.062, F.S.; deleting a
61 requirement that each district school board adopt a
62 policy and a procedure for allowing a student who is a
63 qualified patient to access marijuana for medical use;
64 providing an effective date.
66 Be It Enacted by the Legislature of the State of Florida:
68 Section 1. Paragraph (j) of subsection (1), subsection (6),
69 paragraph (c) of subsection (12), and paragraph (g) of
70 subsection (14) of section 381.986, Florida Statutes, are
71 amended to read:
72 381.986 Medical use of marijuana.—
73 (1) DEFINITIONS.—As used in this section, the term:
74 (j) “Medical use” means the acquisition, possession, use,
75 delivery, transfer, or administration of marijuana authorized by
76 a physician certification. The term does not include:
77 1. Possession, use, or administration of marijuana that was
78 not purchased or acquired from a medical marijuana treatment
80 2. Possession, use, or administration of marijuana in the
81 form of commercially produced food items other than edibles or
82 of marijuana seeds.
83 3. Use or administration of any form or amount of marijuana
84 in a manner that is inconsistent with the qualified physician’s
85 directions or physician certification.
86 4. Transfer of marijuana to a person other than the
87 qualified patient for whom it was authorized or the qualified
88 patient’s caregiver on behalf of the qualified patient.
89 5. Use or administration of marijuana in the following
91 a. On any form of public transportation, except for low-THC
92 cannabis not in a form for smoking.
93 b. In any public place, except for low-THC cannabis not in
94 a form for smoking.
95 c. In a qualified patient’s place of employment, except
96 when permitted by his or her employer.
97 d. In a state correctional institution, as defined in s.
98 944.02, or a correctional institution, as defined in s. 944.241.
99 e. On the grounds of a preschool, primary school, or
100 secondary school, except as provided in s. 381.9867
101 f. In a school bus, a vehicle, an aircraft, or a motorboat,
102 except for low-THC cannabis not in a form for smoking.
103 6. The smoking of marijuana in an enclosed indoor workplace
104 as defined in s. 386.203(5).
105 (6) CAREGIVERS.—
106 (a) The department must register an individual as a
107 caregiver on the medical marijuana use registry and issue a
108 caregiver identification card if an individual designated by a
109 qualified patient meets all of the requirements of this
110 subsection and department rule.
111 (b) A caregiver must:
112 1. Not be a qualified physician and not be employed by or
113 have an economic interest in a medical marijuana treatment
114 center or a marijuana testing laboratory.
115 2. Be 21 years of age or older and a resident of this
117 3. Agree in writing to assist with the qualified patient’s
118 medical use of marijuana.
119 4. Be registered in the medical marijuana use registry as a
120 caregiver for no more than one qualified patient, except as
121 provided in paragraph (d) this paragraph.
122 5. Successfully complete a caregiver certification course
123 developed and administered by the department or its designee,
124 which must be renewed biennially. The price of the course may
125 not exceed $100.
126 6. Pass a background screening pursuant to subsection (9),
127 unless the patient is a close relative of the caregiver.
128 (c) A qualified patient may not designate no more than one
129 caregiver to assist with the qualified patient’s medical use of
130 marijuana, unless:
131 1. The qualified patient is a minor and the designated
132 caregivers are parents or legal guardians of the qualified
134 2. The qualified patient is an adult who has an
135 intellectual or developmental disability that prevents the
136 patient from being able to protect or care for himself or
137 herself without assistance or supervision and the designated
138 caregivers are the parents or legal guardians of the qualified
140 3. The qualified patient is admitted to a hospice program;
142 4. The qualified patient is participating in a research
143 program in a teaching nursing home pursuant to s. 1004.4351; or
144 5. The qualified patient is a student whose parent has
145 requested that a county-designated caregiver assist the student
146 with the medical use of marijuana during the school day pursuant
147 to s. 381.9867.
148 (d) A caregiver may not be registered in the medical
149 marijuana use registry as a designated caregiver for no more
150 than one qualified patient, unless:
151 1. The caregiver is a parent or legal guardian of more than
152 one minor who is a qualified patient;
153 2. The caregiver is a parent or legal guardian of more than
154 one adult who is a qualified patient and who has an intellectual
155 or developmental disability that prevents the patient from being
156 able to protect or care for himself or herself without
157 assistance or supervision;
158 3. All qualified patients whom the caregiver has agreed to
159 assist are admitted to a hospice program and have requested the
160 assistance of that caregiver with the medical use of marijuana;
161 the caregiver is an employee of the hospice; and the caregiver
162 provides personal care or other services directly to clients of
163 the hospice in the scope of that employment; or
164 4. All qualified patients whom the caregiver has agreed to
165 assist are participating in a research program in a teaching
166 nursing home pursuant to s. 1004.4351; or
167 5. The caregiver is a county-designated caregiver and all
168 qualified patients whom the caregiver has agreed to assist are
169 students whose parents have requested the assistance of a
170 county-designated caregiver to assist the students with the
171 medical use of marijuana during the school day pursuant to s.
173 (e) A caregiver may not receive compensation, other than
174 actual expenses incurred, for any services provided to the
175 qualified patient.
176 (f) If a qualified patient is younger than 18 years of age,
177 only a caregiver may purchase or administer marijuana for
178 medical use by the qualified patient. The qualified patient may
179 not purchase marijuana.
180 (g) A caregiver must be in immediate possession of his or
181 her medical marijuana use registry identification card at all
182 times when in possession of marijuana or a marijuana delivery
183 device and must present his or her medical marijuana use
184 registry identification card upon the request of a law
185 enforcement officer.
186 (h) The department may adopt rules pursuant to ss.
187 120.536(1) and 120.54 to implement this subsection.
188 (12) PENALTIES.—
189 (c) A qualified patient who uses marijuana, not including
190 low-THC cannabis, or a caregiver who administers marijuana, not
191 including low-THC cannabis, in plain view of or in a place open
192 to the general public; in a school bus, a vehicle, an aircraft,
193 or a boat; or on the grounds of a school, except as provided in
194 s. 381.9867 s. 1006.062, commits a misdemeanor of the first
195 degree, punishable as provided in s. 775.082 or s. 775.083.
196 (14) EXCEPTIONS TO OTHER LAWS.—
197 (g ) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
198 any other provision of law, but subject to the requirements of
199 this section and pursuant to policies and procedures established
200 pursuant to s. 1006.62(8), school personnel may possess
201 marijuana that is obtained for medical use pursuant to this
202 section by a student who is a qualified patient.
203 Section 2. Section 381.9867, Florida Statutes, is created
204 to read:
205 381.9867 Medical use of marijuana in schools.—
206 (1) As used in this section, the term:
207 (a) “Caregiver” has the same meaning as in s. 381.986(1).
208 (b) “County-designated caregiver” means a county health
209 department employee designated by the department pursuant to
210 subsection (4) who has an identification card and is registered
211 as a caregiver pursuant to s. 381.986(6).
212 (c) “Marijuana,” “marijuana delivery device,” “medical
213 use,” “physician certification,” and “qualified patient” have
214 the same meanings as in s. 381.986(1).
215 (2) A parent of a student who is a qualified patient may
216 request that marijuana obtained pursuant to s. 381.986 be
217 administered to the student during the school day. The parent
218 must make the request in writing to the school principal and
219 must include all of the following information:
220 (a) A copy of the student’s current patient identification
221 card as described in s. 381.986(7)(a).
222 (b) A copy of the student’s current physician certification
223 as described in s. 381.986(4).
224 (c) A statement from the parent which explains the
225 necessity for administering the marijuana to the student during
226 the school day, including any occasion when the student is away
227 from school property attending official school activities.
228 (d) A statement from the parent authorizing the student’s
229 registered caregiver or a county-designated caregiver to
230 administer marijuana to the student. If the parent is the
231 student’s registered caregiver, the parent may include a
232 statement of his or her desire to administer marijuana to the
234 (3) If the parent authorizes the student’s registered
235 caregiver to administer marijuana to the student during the
236 school day, the caregiver is responsible for obtaining,
237 accounting for, and storing the marijuana and any marijuana
238 delivery devices as provided in this section and s. 381.986.
239 (4)(a) Upon receiving a request under subsection (2) that
240 includes a statement authorizing a county-designated caregiver
241 to administer marijuana to a student, a school principal shall
242 promptly notify the county health department for the county in
243 which the school is located. Upon receipt of the notification,
244 the county health department shall notify the department of the
245 request, and the department shall designate no more than two
246 employees of the county health department to serve as county
247 designated caregivers. A county-designated caregiver shall
248 follow the procedures adopted by department rule under
249 subsection (8).
250 (b) The student‘s caregiver shall provide to a county
251 designated caregiver at a county health department building an
252 appropriate supply of marijuana and any marijuana delivery
253 devices necessary for administering the marijuana during the
254 school day, all of which must be obtained pursuant to s.
255 381.986. The county-designated caregiver shall document and
256 account for the marijuana and any marijuana delivery devices
257 received. The county-designated caregiver is responsible for the
258 transportation of the marijuana and marijuana delivery devices
259 used in administering marijuana to the student to and from the
260 county health department building and the school. When the
261 marijuana or marijuana delivery devices are not in use or being
262 transported for use, the marijuana must be placed in its
263 original container and it and any marijuana delivery devices
264 must be stored in a secure fashion under lock and key.
265 (c) A county-designated caregiver is not liable for civil
266 damages arising out of his or her actions taken in connection
267 with assisting students who are qualified patients with the
268 medical use of marijuana if the county-designated caregiver acts
269 as a reasonably prudent person would have acted under the same
270 or similar circumstances.
271 (5) A school principal who receives a request under
272 subsection (2) must designate an isolated area on school grounds
273 where marijuana may be administered to the student. A caregiver
274 or county-designated caregiver may administer marijuana to the
275 student on school grounds only in the designated area. Marijuana
276 and marijuana delivery devices may not be stored on school
278 (6) A school may not obstruct a student who is a qualified
279 patient from accessing marijuana during the school day in
280 accordance with this section.
281 (7) Funding to administer this section must be provided
282 through the Grants and Donations Trust Fund within the
283 Department of Health from fees the department collects under s.
285 (8) The department shall adopt rules necessary to
286 administer this section.
287 Section 3. Subsection (8) of section 1006.062, Florida
288 Statutes, is amended to read:
289 1006.062 Administration of medication and provision of
290 medical services by district school board personnel.—
291 (8) Each district school board shall adopt a policy and a
292 procedure for allowing a student who is a qualified patient, as
293 defined in s. 381.986, to use marijuana obtained pursuant to
294 that section. Such policy and procedure shall ensure access by
295 the qualified patient; identify how the marijuana will be
296 received, accounted for, and stored; and establish processes to
297 prevent access by other students and school personnel whose
298 access would be unnecessary for the implementation of the
300 Section 4. This act shall take effect July 1, 2020.