Florida Senate - 2022                                    SB 1696
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00118C-22                                          20221696__
    1                        A bill to be entitled                      
    2         An act relating to adult use marijuana legalization;
    3         amending s. 20.14, F.S.; establishing the Division of
    4         Cannabis Management within the Department of
    5         Agriculture and Consumer Services; creating ch. 566,
    6         F.S., relating to recreational marijuana; defining
    7         terms; providing for the distribution of revenues;
    8         requiring the division to provide, beginning on a
    9         specified date, an annual report to the Legislature;
   10         prohibiting the use of false identification by persons
   11         under 21 years of age for specified activities
   12         relating to recreational marijuana; providing
   13         noncriminal penalties; providing for alternative
   14         sentencing; exempting certain activities involving
   15         marijuana from use and possession offenses;
   16         authorizing persons 21 years of age or older to engage
   17         in certain activities involving the personal use,
   18         possession, transport, and cultivation of marijuana in
   19         limited amounts; providing limits on where persons may
   20         engage in specified activities; providing noncriminal
   21         penalties; preempting the regulation of possession of
   22         marijuana to the state; authorizing certain entities
   23         to engage in specified activities relating to
   24         marijuana; providing construction; specifying the
   25         duties of the division relating to marijuana
   26         regulation; providing for enforcement of regulatory
   27         provisions; authorizing agreements with other entities
   28         for certain enforcement activities; requiring annual
   29         reports; providing for licensing of marijuana
   30         establishments; providing standards for prospective
   31         licensees; providing restrictions on the location of
   32         marijuana establishments; prohibiting certain
   33         activities by marijuana establishments; providing
   34         procedures when a marijuana establishment’s license
   35         expires; authorizing retail marijuana stores to submit
   36         a request to the Department of Health to be considered
   37         a medical marijuana treatment center; requiring the
   38         department to approve such request under certain
   39         circumstances; exempting such stores from specified
   40         requirements under certain circumstances; authorizing
   41         caregivers and qualified patients to obtain marijuana
   42         for medical use from such stores; authorizing
   43         localities to prohibit one or more types of marijuana
   44         establishments through local ordinance; providing for
   45         submission of applications to localities if the
   46         division has not issued marijuana establishment
   47         licenses by a specified date; specifying duties of the
   48         Attorney General concerning certain federal subpoenas;
   49         providing an exemption from specified provisions for
   50         marijuana research; specifying that ch. 566, F.S.,
   51         does not apply to employer drug policies or laws
   52         governing operating under the influence; prohibiting
   53         an employer from restricting the use of marijuana by
   54         its employees outside of the workplace; providing an
   55         exception; specifying that ch. 566, F.S., does not
   56         allow persons under 21 years of age to engage in
   57         activities permitted therein; declaring that the
   58         rights of property owners are not affected; providing
   59         applicability relating to compassionate use of low-THC
   60         cannabis; requiring the division to adopt certain
   61         rules; specifying that conduct allowed by ch. 566,
   62         F.S., may not be considered the basis for the finding
   63         of a lack of good moral character as that term is used
   64         in law; providing for emergency rulemaking; amending
   65         s. 500.03, F.S.; providing that marijuana
   66         establishments that sell food containing marijuana are
   67         considered food establishments for the purposes of
   68         specified regulations; creating s. 500.105, F.S.;
   69         specifying that food products containing marijuana
   70         which are prepared in permitted food establishments
   71         and sold by licensed marijuana establishments are not
   72         considered adulterated; amending s. 562.13, F.S.;
   73         providing that it is unlawful for marijuana
   74         establishments to employ persons under 18 years of
   75         age; amending s. 569.0073, F.S.; exempting licensed
   76         marijuana establishments from specified provisions
   77         regulating the sale of pipes and smoking devices;
   78         amending ss. 893.13 and 893.135, F.S.; providing that
   79         conduct authorized under ch. 566, F.S., is not
   80         prohibited by specified controlled substance
   81         prohibitions; creating s. 943.0586, F.S.; defining
   82         terms; authorizing an individual convicted of certain
   83         crimes to petition the court for expunction of his or
   84         her criminal history record under certain
   85         circumstances; requiring the individual to first
   86         obtain a certificate of eligibility from the
   87         Department of Law Enforcement; requiring the
   88         department to adopt rules establishing the procedures
   89         for applying for and issuing such certificates;
   90         requiring the department to issue a certificate under
   91         certain circumstances; providing for the expiration of
   92         and reapplication for the certificate; providing
   93         requirements for the petition for expunction;
   94         providing criminal penalties; providing for the
   95         court’s authority over its own procedures, with an
   96         exception; requiring the court to order the expunction
   97         of a criminal history record under certain
   98         circumstances; clarifying that expunction of certain
   99         criminal history records does not affect eligibility
  100         for expunction of other criminal history records;
  101         providing procedures for processing expunction
  102         petitions and orders; providing that a person granted
  103         an expunction may lawfully deny or fail to acknowledge
  104         the underlying arrest or conviction, with exceptions;
  105         providing that a person may not be deemed to have
  106         committed perjury or otherwise held liable for giving
  107         a false statement if he or she fails to recite or
  108         acknowledge an expunged criminal history record;
  109         prohibiting courts from requiring the payment of
  110         certain fees or costs relating to such petitions;
  111         prohibiting a person from being denied employment
  112         under certain circumstances; providing a contingent
  113         effective date.
  114          
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Present paragraphs (e) through (l) of subsection
  118  (2) of section 20.14, Florida Statutes, are redesignated as
  119  paragraphs (f) through (m), respectively, and a new paragraph
  120  (e) is added to that subsection, to read:
  121         20.14 Department of Agriculture and Consumer Services.
  122  There is created a Department of Agriculture and Consumer
  123  Services.
  124         (2) The following divisions of the Department of
  125  Agriculture and Consumer Services are established:
  126         (e) Cannabis Management.
  127         Section 2. Chapter 566, Florida Statutes, consisting of ss.
  128  566.011-566.042, is created to read:
  129                             CHAPTER 566                           
  130                       RECREATIONAL MARIJUANA                      
  131                               PART I                              
  132                                 TAX                               
  133         566.011 Definitions.—As used in this part, the term:
  134         (1) “Department” means the Department of Agriculture and
  135  Consumer Services.
  136         (2) “Division” means the Division of Cannabis Management of
  137  the department.
  138         (3) “Marijuana” means all parts of the plant of the genus
  139  Cannabis, whether growing or not, the seeds thereof, the resin
  140  extracted from any part of the plant, and every compound,
  141  manufacture, salt, derivative, mixture, or preparation of the
  142  plant, its seeds, or its resin, including marijuana concentrate.
  143  The term does not include industrial hemp or hemp extract, fiber
  144  produced from the stalks of the plant, cake made from the seeds
  145  of the plant, sterilized seed of the plant which is incapable of
  146  germination, or the weight of any ingredient combined with
  147  marijuana to prepare topical or oral administrations, food,
  148  drink, or any other product.
  149         (4) “Marijuana consumption site” means an entity licensed
  150  to allow smoking or ingesting marijuana on the premises.
  151         (5) “Marijuana cultivation facility” means an entity
  152  licensed to cultivate, prepare, and package and sell marijuana
  153  to retail marijuana stores, to marijuana consumption sites, to
  154  marijuana product manufacturing facilities, and to other
  155  marijuana cultivation facilities, but not to consumers.
  156         (6) “Marijuana establishment” means a marijuana cultivation
  157  facility, marijuana testing facility, marijuana product
  158  manufacturing facility, marijuana consumption site, or retail
  159  marijuana store.
  160         (7) “Marijuana product manufacturing facility” means an
  161  entity licensed to:
  162         (a) Purchase marijuana.
  163         (b) Manufacture, prepare, and package marijuana products.
  164         (c) Sell marijuana and marijuana products to other
  165  marijuana product manufacturing facilities and to retail
  166  marijuana stores, but not to consumers.
  167         (8) “Marijuana products” means concentrated marijuana and
  168  products that consist of marijuana and other ingredients and are
  169  intended for use or consumption, including, but not limited to,
  170  edible products, ointments, and tinctures.
  171         (9) “Marijuana testing facility” means an entity licensed
  172  to analyze and certify the safety and potency of marijuana.
  173         (10) “Retail marijuana store” means an entity licensed to
  174  purchase marijuana from a marijuana cultivation facility and
  175  marijuana products from a marijuana product manufacturing
  176  facility and to sell marijuana and marijuana products to
  177  consumers.
  178         566.013 Distribution of revenues.—Revenues derived from the
  179  tax imposed by this part must be credited to the General Revenue
  180  Fund. On or before the last day of each month, the Chief
  181  Financial Officer shall transfer 15 percent of the revenues
  182  received by the division during the preceding month pursuant to
  183  the tax imposed by s. 566.012 to the Division of Cannabis Trust
  184  Fund established under s. 566.015. On or before the last day of
  185  each month, the Chief Financial Officer shall transfer the
  186  remainder of the revenues to the General Revenue Fund.
  187         566.014 Annual report.—Beginning January 30, 2024, the
  188  division shall annually report the amount of tax revenues
  189  collected pursuant to s. 566.012 and the amount distributed
  190  pursuant to s. 566.015(3) to the appropriations committees of
  191  each house of the Legislature.
  192                               PART II                             
  193                        MARIJUANA REGULATION                       
  194         566.031 Definitions.—As used in this part, the term:
  195         (1) “Consumer” means a person 21 years of age or older who
  196  purchases marijuana or marijuana products for personal use by
  197  persons 21 years of age or older but not for resale to others.
  198         (2) “Department” has the same meaning as provided in s.
  199  566.011.
  200         (3) “Division” has the same meaning as provided in s.
  201  566.011.
  202         (4) “Licensee” means any individual, partnership,
  203  corporation, firm, association, or other legal entity holding a
  204  marijuana establishment license within this state.
  205         (5) “Locality” means a municipality or, in reference to a
  206  location in an unorganized territory, the county in which that
  207  locality is located.
  208         (6) “Marijuana” has the same meaning as provided in s.
  209  566.011.
  210         (7) “Marijuana accessories” means equipment, products, or
  211  materials of any kind that are used, intended for use, or
  212  designed for use in planting, propagating, cultivating, growing,
  213  harvesting, composting, manufacturing, compounding, converting,
  214  producing, processing, preparing, testing, analyzing, packaging,
  215  repackaging, storing, vaporizing, or containing marijuana or for
  216  ingesting, inhaling, or otherwise introducing marijuana into the
  217  human body.
  218         (8) “Marijuana consumption site” has the same meaning as
  219  provided in s. 566.011.
  220         (9) “Marijuana cultivation facility” has the same meaning
  221  as provided in s. 566.011.
  222         (10) “Marijuana establishment” has the same meaning as
  223  provided in s. 566.011.
  224         (11) “Marijuana product manufacturing facility” has the
  225  same meaning as provided in s. 566.011.
  226         (12) “Marijuana testing facility” has the same meaning as
  227  provided in s. 566.011.
  228         (13) “Minor” means a person under 21 years of age.
  229         (14) “Retail marijuana store” has the same meaning as
  230  provided in s. 566.011.
  231         (15) “Seedling” means a marijuana plant that has no
  232  flowers, is less than 12 inches in height, and is less than 12
  233  inches in diameter.
  234         566.0311 False identification.—
  235         (1) A minor may not present or offer to a marijuana
  236  establishment or the marijuana establishment’s agent or employee
  237  any written or oral evidence of age that is false, fraudulent,
  238  or not actually the minor’s own for the purpose of:
  239         (a) Ordering, purchasing, attempting to purchase, or
  240  otherwise procuring or attempting to procure marijuana; or
  241         (b) Gaining access to marijuana.
  242         (2)(a) A minor who violates subsection (1) commits:
  243         1. For a first offense, a noncriminal violation subject to
  244  a civil penalty of at least $200 and not more than $400.
  245         2. For a second offense, a noncriminal violation subject to
  246  a civil penalty of at least $300 and not more than $600, which
  247  may only be suspended as provided in paragraph (b).
  248         3. For a third or subsequent offense, a noncriminal
  249  violation subject to a civil penalty of $600, which may only be
  250  suspended as provided in paragraph (b).
  251  
  252  When a minor is adjudged to have committed a first offense under
  253  subsection (1), the judge shall inform the minor that the
  254  noncriminal penalties for the second and subsequent offenses are
  255  mandatory and may only be suspended as provided in paragraph
  256  (b). Failure to inform the minor that subsequent noncriminal
  257  penalties are mandatory is not a ground for suspension of any
  258  subsequent civil penalty.
  259         (b) As an alternative to or in addition to the noncriminal
  260  penalties specified in paragraph (a), a judge may assign the
  261  minor to perform specified work for the benefit of the state,
  262  the municipality, or another public entity or a charitable
  263  institution for no more than 40 hours for each violation. A
  264  judge must assign the minor to perform such work as an
  265  alternative to the noncriminal penalties specified in paragraph
  266  (a) if the court determines that the minor is unable to pay such
  267  penalties.
  268         566.032 Exemption from criminal and noncriminal penalties,
  269  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  270  law, and except as provided in this part, the actions authorized
  271  under this part are legal under the laws of this state and do
  272  not constitute a civil or criminal offense under the laws of
  273  this state or the law of any political subdivision within this
  274  state or serve as a basis for seizure or forfeiture of assets
  275  under state law.
  276         566.033 Personal use of marijuana.—
  277         (1) A person who is 21 years of age or older may:
  278         (a) Use, possess, and transport marijuana accessories and
  279  up to 2.5 ounces of marijuana.
  280         (b) Transfer or furnish, without remuneration, up to 2.5
  281  ounces of marijuana and up to 6 seedlings to a person who is 21
  282  years of age or older.
  283         (c) Possess, grow, cultivate, process, and transport up to
  284  6 marijuana plants, including seedlings, and possess the
  285  marijuana produced by the marijuana plants on the premises where
  286  the plants were grown.
  287         (d) Purchase up to 2.5 ounces of marijuana, up to 6
  288  seedlings, and marijuana accessories from a retail marijuana
  289  store.
  290         (2) The following apply to the cultivation of marijuana for
  291  personal use by a person who is 21 years of age or older:
  292         (a) A person may cultivate up to 6 marijuana plants,
  293  including seedlings, at that person’s place of residence, on
  294  property owned by that person, or on another person’s property
  295  with permission of the owner of the other property.
  296         (b) A person who elects to cultivate marijuana shall take
  297  reasonable precautions to ensure the plants are secure from
  298  unauthorized access or access by a person under 21 years of age.
  299  Reasonable precautions include, but are not limited to,
  300  cultivating marijuana in a fully enclosed secure outdoor area,
  301  locked closet, or locked room inaccessible to persons under 21
  302  years of age.
  303         (3) A person may smoke or ingest marijuana at a marijuana
  304  consumption site or in a nonpublic place, including, but not
  305  limited to, a private residence.
  306         (a) This subsection does not permit a person to consume
  307  marijuana in a manner that endangers others.
  308         (b) The prohibitions and limitations on smoking tobacco
  309  products in specified areas in part II of chapter 386 apply to
  310  marijuana.
  311         (c) A person who smokes marijuana in a public place other
  312  than a marijuana consumption site or as governed by part II of
  313  chapter 386 commits a noncriminal violation subject to a civil
  314  penalty of $100.
  315         (4) The regulation of possession of marijuana is preempted
  316  to the state.
  317         566.034 Marijuana establishments.—
  318         (1) A marijuana establishment may engage in the
  319  manufacture, possession, and purchase of marijuana, marijuana
  320  products, and marijuana accessories and sell marijuana,
  321  marijuana products, and marijuana accessories to a consumer as
  322  described in this subsection.
  323         (a) A retail marijuana store may:
  324         1. Possess, display, and transport marijuana, marijuana
  325  products, or marijuana accessories.
  326         2. Purchase marijuana from a marijuana cultivation
  327  facility.
  328         3. Purchase marijuana and marijuana products from a
  329  marijuana product manufacturing facility.
  330         4. Sell marijuana, marijuana products, and marijuana
  331  accessories to consumers.
  332         (b) A marijuana consumption site may:
  333         1. Purchase marijuana from a marijuana cultivation facility
  334  or a marijuana product manufacturing facility.
  335         2. Sell food or beverages containing marijuana which are
  336  prepared at the marijuana consumption site, including alcoholic
  337  beverages if the marijuana consumption site is licensed to serve
  338  alcoholic beverages. If such food or beverages are purchased for
  339  on-site consumption, the food or beverages are not required to
  340  be in sealed containers. Any food or beverages removed from the
  341  premises or purchased for off-site consumption must be in sealed
  342  containers with labels specifying that the contents contain
  343  marijuana.
  344         (c) A marijuana cultivation facility may:
  345         1. Cultivate, harvest, process, package, transport,
  346  display, and possess marijuana.
  347         2. Deliver or transfer marijuana to a marijuana testing
  348  facility.
  349         3. Sell marijuana to another marijuana cultivation
  350  facility, a marijuana product manufacturing facility, or a
  351  retail marijuana store.
  352         4. Purchase marijuana from another marijuana cultivation
  353  facility.
  354         (d) A marijuana product manufacturing facility may:
  355         1. Package, process, transport, manufacture, display, and
  356  possess marijuana or marijuana products.
  357         2. Deliver or transfer marijuana or marijuana products to a
  358  marijuana testing facility.
  359         3. Sell marijuana and marijuana products to a retail
  360  marijuana store or marijuana product manufacturing facility.
  361         4. Purchase marijuana from a marijuana cultivation
  362  facility.
  363         5. Purchase marijuana and marijuana products from a
  364  marijuana product manufacturing facility.
  365         (e) A marijuana testing facility may possess, cultivate,
  366  process, repackage, store, transport, display, transfer, and
  367  deliver marijuana or marijuana products.
  368  
  369  A marijuana establishment may lease or otherwise allow the use
  370  of property owned, occupied, or controlled by a person,
  371  corporation, or other entity for any of the activities conducted
  372  lawfully in accordance with this subsection.
  373         (2)(a) An entity with a marijuana consumption site license
  374  and a retail marijuana store license may operate under both
  375  licenses on the same premises.
  376         (b) A marijuana consumption site:
  377         1. Must display warnings about the delayed effects of
  378  ingesting marijuana products; and
  379         2. May not restrict a patron’s access to prearranged rides
  380  as defined in s. 627.748 or to taxis.
  381         (3) This section does not prevent the imposition of
  382  penalties for violating this chapter or state or local rules
  383  adopted pursuant to this chapter.
  384         566.035 Duties of the division.—The division shall:
  385         (1) Enforce the laws and rules relating to the
  386  manufacturing, processing, labeling, storing, transporting,
  387  testing, and selling of marijuana by marijuana establishments
  388  and administer those laws relating to licensing and the
  389  collection of taxes.
  390         (2) Adopt rules consistent with this chapter for the
  391  administration and enforcement of laws regulating and licensing
  392  marijuana establishments.
  393         (3) If determined necessary by the division, enter into a
  394  memorandum of understanding with the Department of Law
  395  Enforcement, a county sheriff, or another state or municipal law
  396  enforcement agency to perform inspections of marijuana
  397  establishments.
  398         (4) Issue marijuana cultivation facility, marijuana
  399  consumption site, marijuana testing facility, marijuana product
  400  manufacturing facility, and retail marijuana store licenses.
  401         (5) Prevent the sale of marijuana by licensees to minors
  402  and intoxicated persons.
  403         (6) Ensure that licensees have access to the provisions of
  404  this chapter and other laws and rules governing marijuana in
  405  accordance with this section.
  406         (7) Prioritize applications of businesses that are at least
  407  51 percent owned by women or minority persons over other
  408  applications of equal merit.
  409         (8) Develop a uniform system for labeling and identifying
  410  individual strains of marijuana, including, but not limited to,
  411  listing the terpenes present in the strain and whether the
  412  strain is Cannabis sativa, Cannabis indica, or, if the strain is
  413  a hybrid, which strain is the dominant strain. Each label and
  414  identification must be verified by the marijuana testing
  415  facility reviewing the product.
  416         (9) Post on the department’s publicly accessible website
  417  this chapter and all rules adopted under this chapter. The
  418  division shall notify all licensees of changes in the law and
  419  rules through a publicly accessible website posting within 90
  420  days after adjournment of each session of the Legislature. The
  421  division shall update the posting on the department’s publicly
  422  accessible website to reflect new laws and rules before the
  423  effective date of the laws and rules.
  424         (10) Certify monthly to the Chief Financial Officer a
  425  complete statement of revenues and expenses for licenses issued
  426  and for revenues collected by the division and submit an annual
  427  report that includes a complete statement of the revenues and
  428  expenses for the division to the Governor, the President of the
  429  Senate, and the Speaker of the House of Representatives.
  430         (11) Suspend or revoke the license of a licensee in
  431  accordance with rules adopted by the division. A marijuana
  432  establishment with a suspended or revoked license under this
  433  subsection may:
  434         (a) Continue to possess marijuana during the time its
  435  license is suspended but may not dispense, transfer, or sell
  436  marijuana. If the marijuana establishment is a marijuana
  437  cultivation facility, it may continue to cultivate marijuana
  438  plants during the time its license is suspended. Marijuana may
  439  not be removed from the licensed premises except as authorized
  440  by the division and only for the purpose of destruction.
  441         (b) Possess marijuana for up to 7 days after revocation of
  442  its license, during which time the marijuana establishment shall
  443  dispose of its inventory of marijuana in accordance with
  444  division rules.
  445         (12) Beginning January 15, 2023, and annually thereafter,
  446  report to the committees of each house of the Legislature having
  447  jurisdiction over marijuana regulation. The report must include,
  448  but is not limited to, all rules adopted by the division and
  449  statistics regarding the number of marijuana establishment
  450  applications received, the number of marijuana establishments
  451  licensed, and the licensing fees collected during the previous
  452  year.
  453         566.036 Licensing of marijuana establishments.—
  454         (1) An applicant for a marijuana establishment license
  455  shall file an application in the form required by the division
  456  for the type of marijuana establishment license sought. An
  457  applicant may apply for and be granted more than one type of
  458  marijuana establishment license, except that a person licensed
  459  as a marijuana testing facility may not hold another marijuana
  460  establishment license. The division shall begin accepting and
  461  processing applications by August 1, 2023.
  462         (2) Upon receiving an application for a marijuana
  463  establishment license, the division shall immediately forward a
  464  copy of the application and 50 percent of the license fee to the
  465  locality in which the applicant desires to operate.
  466         (3) The division shall issue or renew a license to operate
  467  a marijuana establishment to an applicant who meets the
  468  requirements of the division as set forth in rule and in
  469  subsection (9) within 90 days after the date of receipt of the
  470  application unless:
  471         (a) The division finds that the applicant is not in
  472  compliance with this section or rules adopted by the division;
  473  or
  474         (b) The division is notified by the relevant locality that
  475  the applicant is not in compliance with an ordinance, a rule, or
  476  a regulation in effect at the time of application.
  477         (4) The following shall control when more than one
  478  application is received by the division for establishment of a
  479  marijuana establishment in the same locality:
  480         (a) If a greater number of applications is received from
  481  qualified applicants to operate a marijuana establishment in a
  482  locality than is allowed under the limits enacted by the
  483  locality under s. 566.037, the division must solicit and
  484  consider input from the locality regarding the locality’s
  485  preference or preferences for licensure. Within 90 days after
  486  the date that the first application is received, the division
  487  shall issue the maximum number of applicable licenses for each
  488  type of marijuana establishment license application received.
  489         (b) In a competitive application process to determine which
  490  applicants will receive licenses, the division shall give
  491  preference to an applicant who has at least 1 year of previous
  492  experience in operating another business in this state in
  493  compliance with state law.
  494         (c) The division may not grant a license to a licensee who
  495  has already received a license to operate the same type of
  496  marijuana establishment if doing so would prevent another
  497  qualified applicant from receiving a license.
  498         (5) Upon denial of an application, the division shall
  499  notify the applicant in writing of the specific reason for the
  500  denial.
  501         (6) All licenses under this part are valid for 1 year after
  502  the date of issuance.
  503         (7) A prospective licensee of a marijuana establishment:
  504         (a) May not have been convicted of a disqualifying drug
  505  offense. For purposes of this section, “disqualifying drug
  506  offense” means a conviction for a violation of a state or
  507  federal controlled substance law that is a crime punishable by
  508  imprisonment for 1 year or more. It does not include an offense
  509  for which the sentence, including any term of probation,
  510  incarceration, or supervised release, was completed 10 or more
  511  years before application for licensure; a marijuana offense
  512  unrelated to trafficking in marijuana; or an offense that
  513  consisted of conduct that would be permitted under this part.
  514         (b) May not have had a previous license revoked for a
  515  marijuana establishment.
  516         (c) If the applicant is a corporation, may not be issued a
  517  license if any of the principal officers of the corporation
  518  would be personally ineligible under paragraph (a) or paragraph
  519  (b).
  520         (8) A marijuana establishment:
  521         (a) May not be located within 500 feet of the property line
  522  of a public or private K-12 school existing at the time the
  523  marijuana establishment is licensed. The distance must be
  524  measured from the main entrance of the marijuana establishment
  525  to the main entrance of the school by the ordinary course of
  526  travel.
  527         (b) Shall implement appropriate security measures,
  528  consistent with rules issued by the division, which are designed
  529  to prevent:
  530         1. Unauthorized entrance into areas containing marijuana.
  531         2. The theft of marijuana located on the premises or in
  532  transit to or from the premises by the licensee.
  533         3. Tampering with or adulteration of the marijuana
  534  products.
  535         4. Unauthorized access to marijuana or marijuana
  536  accessories.
  537         5. Access to marijuana by or sales of marijuana to minors.
  538         (c) Shall prepare and maintain documents that include
  539  procedures for the oversight of all aspects of operations and
  540  procedures to ensure accurate recordkeeping.
  541         (d) Shall make available for inspection its license at the
  542  premises to which that license applies. A licensee may not
  543  refuse a representative of the division the right at any time to
  544  inspect the entire licensed premises or to audit the books and
  545  records of the licensee.
  546         (e) May not sell marijuana to:
  547         1. A person under 21 years of age unless the person is a
  548  qualified patient purchasing marijuana for medical use as those
  549  terms are defined in s. 381.986(1); or
  550         2. A visibly intoxicated person.
  551         (f) If the licensee is a retail marijuana store or
  552  marijuana consumption site, may not allow a person under 21
  553  years of age to enter or remain on the premises unless the minor
  554  is an employee of the division, a law enforcement officer,
  555  emergency personnel, or a contractor performing work on the
  556  facility that is not directly related to marijuana, such as
  557  installing or maintaining security devices or performing
  558  electrical wiring.
  559         (g) May not sell marijuana between the hours of 1 a.m. and
  560  6 a.m.
  561         (h) May not employ as a manager or leave in charge of the
  562  licensed premises any person who, by reason of conviction for a
  563  disqualifying drug offense or because of a revocation of that
  564  person’s marijuana establishment license, is ineligible for a
  565  marijuana establishment license.
  566         (i) If a retail marijuana store, may only sell or furnish
  567  marijuana to a consumer from the premises licensed by the
  568  department. A retail marijuana store may not, either directly or
  569  indirectly, by any agent or employee, travel from locality to
  570  locality, or from place to place within the same locality,
  571  selling, bartering, carrying for sale, or exposing for sale
  572  marijuana from a vehicle. This paragraph does not prohibit a
  573  retail marijuana store from delivering marijuana to a purchaser
  574  if the purchaser’s age is verified to be 21 or older upon
  575  delivery.
  576         (9) A person who intentionally provides false information
  577  on an application for a marijuana establishment license violates
  578  s. 837.06.
  579         (10) When a licensee’s license expires:
  580         (a) A licensee who unintentionally fails to renew a license
  581  upon its expiration date and continues to engage in activities
  582  allowed by s. 566.034 may not be charged with illegal sales for
  583  a period of 7 days after the expiration date. A licensee who
  584  continues to make sales of marijuana after having been properly
  585  notified of the expired license may be charged with illegally
  586  selling marijuana.
  587         (b) At least 30 days before expiration of a licensee’s
  588  license issued under this part, the division shall notify the
  589  licensee by the most expedient means available:
  590         1. That the licensee’s license is scheduled to expire;
  591         2. Of the date of expiration; and
  592         3. That all sales of marijuana must be suspended after the
  593  date of expiration and remain suspended until the license is
  594  properly renewed.
  595  
  596  Failure by the division to notify a licensee pursuant to this
  597  paragraph does not excuse a licensee from being charged with a
  598  violation of this part.
  599         566.0365 Retail marijuana store application to be
  600  considered medical marijuana treatment center.—
  601         (1) As used in this section, the terms “caregiver,”
  602  “medical use,” and “qualified patient” have the same meanings as
  603  provided in s. 381.986(1).
  604         (2) A retail marijuana store may submit a request to the
  605  Department of Health to be considered a medical marijuana
  606  treatment center for the purposes of dispensing marijuana for
  607  medical use under s. 381.986. The Department of Health must
  608  approve any request from a retail marijuana store that holds a
  609  valid retail marijuana store license.
  610         (3) A retail marijuana store included in the medical
  611  marijuana use registry pursuant to this section is exempt from
  612  the requirements of medical marijuana treatment centers under s.
  613  381.986 as long as the store holds a valid retail marijuana
  614  store license and complies with this chapter and any rules
  615  adopted by the department.
  616         (4) A caregiver or qualified patient may obtain marijuana
  617  for medical use at a retail marijuana store considered a medical
  618  marijuana treatment center under this section.
  619         566.037 Local control.—
  620         (1) A locality may prohibit the operation of one or more
  621  types of marijuana establishments through the enactment of an
  622  ordinance.
  623         (2) If a locality does not prohibit the operation of a
  624  marijuana establishment pursuant to subsection (1), the
  625  following provisions apply:
  626         (a) No later than September 1, 2023, a locality may enact
  627  an ordinance or a regulation specifying the entity within the
  628  locality that is responsible for processing applications
  629  submitted for a licensee to operate a marijuana establishment
  630  within the boundaries of the locality. The locality may
  631  authorize the entity to issue such licenses if issuance by the
  632  locality becomes necessary because of a failure by the division
  633  to adopt rules pursuant to s. 566.035 or because of a failure by
  634  the division to process and issue licenses as required by s.
  635  566.036.
  636         (b) A locality may enact ordinances, rules, or regulations
  637  pursuant to this paragraph as long as those ordinances, rules,
  638  or regulations do not conflict with this section or with rules
  639  issued pursuant to s. 566.035. The ordinances may:
  640         1. Govern the time, place, and manner of operations and
  641  number of marijuana establishments.
  642         2. Establish procedures for the issuance, suspension, and
  643  revocation of a license issued by the locality in accordance
  644  with paragraph (c) or paragraph (d).
  645         3. Establish a schedule of annual operating, licensing, and
  646  application fees for a marijuana establishment. This
  647  subparagraph applies only if the application fee or licensing
  648  fee is submitted to a locality in accordance with paragraph (c)
  649  or paragraph (d).
  650         4. Establish noncriminal penalties for violation of an
  651  ordinance, a rule, or a regulation governing the time, place,
  652  and manner that a marijuana establishment may operate in that
  653  locality.
  654         (c) If the division does not begin issuing licenses by
  655  January 1, 2024, an applicant may submit an application directly
  656  to the locality in which it wants to operate. A locality that
  657  receives an application pursuant to this paragraph shall issue a
  658  license to an applicant within 90 days after receipt of the
  659  application unless the locality finds, and notifies the
  660  applicant, that the applicant is not in compliance with an
  661  ordinance, a rule, or a regulation made pursuant to s. 566.035
  662  or paragraph (b) in effect at the time of application. The
  663  locality shall notify the division if the locality issues an
  664  annual license to the applicant.
  665         (d) If the division does not issue a license to an
  666  applicant within 90 days after receipt of the application filed
  667  in accordance with s. 566.036 and does not notify the applicant
  668  of the specific reason for denial, in writing and within 90 days
  669  after receipt of the application, the applicant may resubmit its
  670  application directly to the locality, and the locality may issue
  671  an annual license to the applicant. A locality issuing a license
  672  to an applicant must do so within 90 days after receipt of the
  673  resubmitted application unless the locality finds, and notifies
  674  the applicant, that the applicant is not in compliance with an
  675  ordinance, a rule, or a regulation made pursuant to s. 566.035
  676  or paragraph (b) in effect at the time the application is
  677  resubmitted. The locality shall notify the division if the
  678  locality issues an annual license to the applicant. If an
  679  application is submitted to a locality under this paragraph, the
  680  division shall forward to the locality the fee paid by the
  681  applicant to the division upon request by the locality.
  682         (e) A license issued by a locality in accordance with
  683  paragraph (c) or paragraph (d) has the same effect as a license
  684  issued by the division in accordance with s. 566.036, and the
  685  holder of that license is not subject to regulation or
  686  enforcement by the division during the term of that license. A
  687  subsequent or renewed license may be issued under this paragraph
  688  on an annual basis if the division has not adopted rules
  689  required by s. 566.035 at least 90 days before the date upon
  690  which the subsequent or renewed license would be effective, or
  691  if the division has adopted rules pursuant to s. 566.041 but has
  692  not, at least 90 days after the adoption of those rules, issued
  693  any marijuana establishment licenses pursuant to s. 566.036.
  694         566.038 Defense of state law.—The Attorney General shall,
  695  to the best of the abilities of the office and in good faith,
  696  advocate to quash any federal subpoena for records involving
  697  marijuana establishments.
  698         566.039 Research.—Notwithstanding the provisions of this
  699  part regulating the distribution of marijuana, a scientific or
  700  medical researcher who has previously published peer-reviewed
  701  research may purchase, possess, and securely store marijuana for
  702  purposes of conducting research. A scientific or medical
  703  researcher may administer and distribute marijuana to a
  704  participant in research who is at least 21 years of age after
  705  receiving informed consent from that participant.
  706         566.04 Construction.—
  707         (1) EMPLOYMENT POLICIES.—This chapter does not require an
  708  employer to allow or accommodate the use, consumption,
  709  possession, transfer, display, transportation, sale, or growing
  710  of marijuana in the workplace and does not affect the ability of
  711  employers to have policies restricting the use of marijuana by
  712  their employees. An employer may not restrict the use of
  713  marijuana by employees outside of the workplace unless such use
  714  would violate the terms of a contract with the Federal
  715  Government.
  716         (2) OPERATING UNDER THE INFLUENCE.—This chapter does not
  717  exempt a person from the laws that prohibit operating any motor
  718  vehicle or off-highway vehicle within this state under the
  719  influence of alcoholic beverages or controlled substances under
  720  chapter 316 or chapter 327.
  721         (3) TRANSFER TO MINOR.—This chapter does not authorize the
  722  transfer of marijuana, with or without remuneration, to a minor
  723  or to allow a minor to purchase, possess, use, transport, grow,
  724  or consume marijuana.
  725         (4) RESTRICTION ON USE OF PROPERTY.—This chapter does not
  726  prohibit a person, an employer, a school, a hospital, a
  727  detention facility, a corporation, or another entity that
  728  occupies, owns, or controls real property from prohibiting or
  729  otherwise regulating the possession, consumption, use, display,
  730  transfer, distribution, sale, transportation, or growing of
  731  marijuana on or in that real property.
  732         (5) COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
  733  does not apply to the compassionate use of low-THC cannabis
  734  under s. 381.986.
  735         566.041 Rulemaking.—The division shall adopt rules to
  736  administer and enforce this chapter.
  737         566.042 Good moral character.—Engaging in conduct allowed
  738  by this chapter may not be the basis for a finding of a lack of
  739  good moral character as that term is used in the laws of this
  740  state.
  741         Section 3. Rulemaking.—
  742         (1) By June 1, 2023, the Department of Agriculture and
  743  Consumer Services shall adopt emergency rules for the
  744  administration and enforcement of laws regulating and licensing
  745  marijuana establishments pursuant to part II of chapter 566,
  746  Florida Statutes, as created by this act. These rules must be
  747  developed by the department and may not be contracted out to an
  748  entity outside the department. These rules may not prohibit the
  749  operation of marijuana establishments, either expressly or
  750  through restrictions that make the operation of marijuana
  751  establishments unreasonably impracticable. The emergency rules
  752  shall remain in effect for 6 months after adoption and may be
  753  renewed during the pendency of procedures to adopt rules
  754  addressing the subject of the emergency rules. As used in this
  755  section, “unreasonably impracticable” means that the measures
  756  necessary to comply with the rules require such a high
  757  investment of risk, money, time, or other resource or asset that
  758  the operation of a marijuana establishment is not worthy of
  759  being carried out in practice by a reasonably prudent
  760  businessperson.
  761         (2) Rules adopted pursuant to this section must include all
  762  of the following:
  763         (a) Provisions for administering and enforcing part II of
  764  chapter 566, Florida Statutes, including oversight requirements
  765  and noncriminal penalties for violations.
  766         (b) The form and content of applications for each type of
  767  marijuana establishment license, registration renewal forms, and
  768  associated licensing and renewal fee schedules.
  769         (c) Procedures allowing an applicant who has been denied a
  770  license due to failure to meet the requirements for licensing to
  771  correct the reason for failure.
  772         (d) Procedures and timelines for background checks and
  773  appeals.
  774         (e) Rules governing the transfer of a license, which must
  775  be substantially the same as rules governing the transfer of a
  776  beverage license under chapter 561, Florida Statutes.
  777         (f) Minimum standards for employment, including
  778  requirements for background checks, restrictions against hiring
  779  persons under 18 years of age, and safeguards to protect against
  780  unauthorized employee access to marijuana.
  781         (g) Minimum recordkeeping requirements, including the
  782  recording of the disposal of marijuana that is not sold. Rules
  783  developed pursuant to this subsection may not require a consumer
  784  to provide a retail marijuana store with personal information
  785  other than government-issued identification to determine the
  786  consumer’s age or require the retail marijuana store to acquire
  787  and record personal information about its consumers.
  788         (h) Health and safety rules and standards for the
  789  manufacture of marijuana products and the cultivation of
  790  marijuana.
  791         (i) Labeling requirements for marijuana and marijuana
  792  products sold or distributed by a marijuana establishment.
  793         (j) Restrictions on the advertising, signage, and display
  794  of marijuana and marijuana products.
  795         (k) Minimum security requirements, including standards to
  796  reasonably protect against unauthorized access to marijuana at
  797  all stages of the licensee’s possession, transportation,
  798  storage, and cultivation of marijuana. Such security
  799  requirements may not prohibit outdoor cultivation in an
  800  enclosed, secured space.
  801         (l) Procedures for enforcing s. 566.036(9) and (10),
  802  Florida Statutes, including noncriminal penalties for
  803  violations, procedures for suspending or terminating the license
  804  of a licensee who violates licensing provisions or the rules
  805  adopted pursuant to this section, and procedures for appeals of
  806  penalties or licensing actions.
  807         (m) Any other oversight requirements that the department
  808  determines are necessary to administer the laws relating to
  809  licensing marijuana establishments.
  810         (3) Rules adopted pursuant to this section may not prohibit
  811  a locality as defined in s. 566.031, Florida Statutes, from
  812  limiting the number of each type of licensee who may operate in
  813  the locality or from enacting reasonable regulations applicable
  814  to licensees.
  815         Section 4. Paragraph (p) of subsection (1) of section
  816  500.03, Florida Statutes, is amended to read:
  817         500.03 Definitions; construction; applicability.—
  818         (1) For the purpose of this chapter, the term:
  819         (p) “Food establishment” means a factory, food outlet, or
  820  other facility manufacturing, processing, packing, holding, or
  821  preparing food or selling food at wholesale or retail. The term
  822  does not include a business or activity that is regulated under
  823  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
  824  includes a marijuana establishment that sells food containing
  825  marijuana pursuant to chapter 566. The term includes tomato
  826  packinghouses and repackers but does not include any other
  827  establishments that pack fruits and vegetables in their raw or
  828  natural states, including those fruits or vegetables that are
  829  washed, colored, or otherwise treated in their unpeeled, natural
  830  form before they are marketed.
  831         Section 5. Section 500.105, Florida Statutes, is created to
  832  read:
  833         500.105 Marijuana establishment food products containing
  834  marijuana.—Food products containing marijuana that are prepared
  835  in a food establishment that holds a permit under s. 500.12, if
  836  required, and that are sold by a marijuana establishment
  837  licensed under chapter 566 are not considered adulterated under
  838  this chapter due solely to the presence of marijuana.
  839         Section 6. Subsection (1) of section 562.13, Florida
  840  Statutes, is amended to read:
  841         562.13 Employment of minors or certain other persons by
  842  certain vendors prohibited; exceptions.—
  843         (1) Unless otherwise provided in this section, it is
  844  unlawful for any vendor licensed under the Beverage Law or a
  845  licensee under chapter 566 to employ any person under 18 years
  846  of age.
  847         Section 7. Subsection (1) of section 569.0073, Florida
  848  Statutes, is amended to read:
  849         569.0073 Special provisions; smoking pipes and smoking
  850  devices.—
  851         (1) It is unlawful for any person to offer for sale at
  852  retail any of the items listed in subsection (2) unless such
  853  person:
  854         (a) Has a retail tobacco products dealer permit under s.
  855  569.003 or is a marijuana establishment licensed under s.
  856  566.036. The provisions of this chapter apply to any person that
  857  offers for retail sale any of the items listed in subsection
  858  (2); and
  859         (b)1. Derives at least 75 percent of its annual gross
  860  revenues from the retail sale of cigarettes, cigars, and other
  861  tobacco products or marijuana products sold in compliance with
  862  chapter 566; or
  863         2. Derives no more than 25 percent of its annual gross
  864  revenues from the retail sale of the items listed in subsection
  865  (2).
  866         Section 8. Present subsection (10) of section 893.13,
  867  Florida Statutes, is redesignated as subsection (11), and a new
  868  subsection (10) is added to that section, to read:
  869         893.13 Prohibited acts; penalties.—
  870         (10) Subsections (1)-(8) are not applicable to conduct
  871  authorized under chapter 566.
  872         Section 9. Subsection (1) of section 893.135, Florida
  873  Statutes, is amended to read:
  874         893.135 Trafficking; mandatory sentences; suspension or
  875  reduction of sentences; conspiracy to engage in trafficking.—
  876         (1) Except as authorized in this chapter, or in chapter
  877  499, or chapter 566 and notwithstanding the provisions of s.
  878  893.13:
  879         (a) Any person who knowingly sells, purchases,
  880  manufactures, delivers, or brings into this state, or who is
  881  knowingly in actual or constructive possession of, in excess of
  882  25 pounds of cannabis, or 300 or more cannabis plants, commits a
  883  felony of the first degree, which felony shall be known as
  884  “trafficking in cannabis,” punishable as provided in s. 775.082,
  885  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
  886         1. Is in excess of 25 pounds, but less than 2,000 pounds,
  887  or is 300 or more cannabis plants, but not more than 2,000
  888  cannabis plants, such person shall be sentenced to a mandatory
  889  minimum term of imprisonment of 3 years, and the defendant shall
  890  be ordered to pay a fine of $25,000.
  891         2. Is 2,000 pounds or more, but less than 10,000 pounds, or
  892  is 2,000 or more cannabis plants, but not more than 10,000
  893  cannabis plants, such person shall be sentenced to a mandatory
  894  minimum term of imprisonment of 7 years, and the defendant shall
  895  be ordered to pay a fine of $50,000.
  896         3. Is 10,000 pounds or more, or is 10,000 or more cannabis
  897  plants, such person shall be sentenced to a mandatory minimum
  898  term of imprisonment of 15 calendar years and pay a fine of
  899  $200,000.
  900  
  901  For the purpose of this paragraph, a plant, including, but not
  902  limited to, a seedling or cutting, is a “cannabis plant” if it
  903  has some readily observable evidence of root formation, such as
  904  root hairs. To determine if a piece or part of a cannabis plant
  905  severed from the cannabis plant is itself a cannabis plant, the
  906  severed piece or part must have some readily observable evidence
  907  of root formation, such as root hairs. Callous tissue is not
  908  readily observable evidence of root formation. The viability and
  909  sex of a plant and the fact that the plant may or may not be a
  910  dead harvested plant are not relevant in determining if the
  911  plant is a “cannabis plant” or in the charging of an offense
  912  under this paragraph. Upon conviction, the court shall impose
  913  the longest term of imprisonment provided for in this paragraph.
  914         (b)1. Any person who knowingly sells, purchases,
  915  manufactures, delivers, or brings into this state, or who is
  916  knowingly in actual or constructive possession of, 28 grams or
  917  more of cocaine, as described in s. 893.03(2)(a)4., or of any
  918  mixture containing cocaine, but less than 150 kilograms of
  919  cocaine or any such mixture, commits a felony of the first
  920  degree, which felony shall be known as “trafficking in cocaine,”
  921  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  922  If the quantity involved:
  923         a. Is 28 grams or more, but less than 200 grams, such
  924  person shall be sentenced to a mandatory minimum term of
  925  imprisonment of 3 years, and the defendant shall be ordered to
  926  pay a fine of $50,000.
  927         b. Is 200 grams or more, but less than 400 grams, such
  928  person shall be sentenced to a mandatory minimum term of
  929  imprisonment of 7 years, and the defendant shall be ordered to
  930  pay a fine of $100,000.
  931         c. Is 400 grams or more, but less than 150 kilograms, such
  932  person shall be sentenced to a mandatory minimum term of
  933  imprisonment of 15 calendar years and pay a fine of $250,000.
  934         2. Any person who knowingly sells, purchases, manufactures,
  935  delivers, or brings into this state, or who is knowingly in
  936  actual or constructive possession of, 150 kilograms or more of
  937  cocaine, as described in s. 893.03(2)(a)4., commits the first
  938  degree felony of trafficking in cocaine. A person who has been
  939  convicted of the first degree felony of trafficking in cocaine
  940  under this subparagraph shall be punished by life imprisonment
  941  and is ineligible for any form of discretionary early release
  942  except pardon or executive clemency or conditional medical
  943  release under s. 947.149. However, if the court determines that,
  944  in addition to committing any act specified in this paragraph:
  945         a. The person intentionally killed an individual or
  946  counseled, commanded, induced, procured, or caused the
  947  intentional killing of an individual and such killing was the
  948  result; or
  949         b. The person’s conduct in committing that act led to a
  950  natural, though not inevitable, lethal result,
  951  
  952  such person commits the capital felony of trafficking in
  953  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
  954  person sentenced for a capital felony under this paragraph shall
  955  also be sentenced to pay the maximum fine provided under
  956  subparagraph 1.
  957         3. Any person who knowingly brings into this state 300
  958  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
  959  and who knows that the probable result of such importation would
  960  be the death of any person, commits capital importation of
  961  cocaine, a capital felony punishable as provided in ss. 775.082
  962  and 921.142. Any person sentenced for a capital felony under
  963  this paragraph shall also be sentenced to pay the maximum fine
  964  provided under subparagraph 1.
  965         (c)1. A person who knowingly sells, purchases,
  966  manufactures, delivers, or brings into this state, or who is
  967  knowingly in actual or constructive possession of, 4 grams or
  968  more of any morphine, opium, hydromorphone, or any salt,
  969  derivative, isomer, or salt of an isomer thereof, including
  970  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
  971  (3)(c)4., or 4 grams or more of any mixture containing any such
  972  substance, but less than 30 kilograms of such substance or
  973  mixture, commits a felony of the first degree, which felony
  974  shall be known as “trafficking in illegal drugs,” punishable as
  975  provided in s. 775.082, s. 775.083, or s. 775.084. If the
  976  quantity involved:
  977         a. Is 4 grams or more, but less than 14 grams, such person
  978  shall be sentenced to a mandatory minimum term of imprisonment
  979  of 3 years and shall be ordered to pay a fine of $50,000.
  980         b. Is 14 grams or more, but less than 28 grams, such person
  981  shall be sentenced to a mandatory minimum term of imprisonment
  982  of 15 years and shall be ordered to pay a fine of $100,000.
  983         c. Is 28 grams or more, but less than 30 kilograms, such
  984  person shall be sentenced to a mandatory minimum term of
  985  imprisonment of 25 years and shall be ordered to pay a fine of
  986  $500,000.
  987         2. A person who knowingly sells, purchases, manufactures,
  988  delivers, or brings into this state, or who is knowingly in
  989  actual or constructive possession of, 28 grams or more of
  990  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
  991  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
  992  grams or more of any mixture containing any such substance,
  993  commits a felony of the first degree, which felony shall be
  994  known as “trafficking in hydrocodone,” punishable as provided in
  995  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
  996         a. Is 28 grams or more, but less than 50 grams, such person
  997  shall be sentenced to a mandatory minimum term of imprisonment
  998  of 3 years and shall be ordered to pay a fine of $50,000.
  999         b. Is 50 grams or more, but less than 100 grams, such
 1000  person shall be sentenced to a mandatory minimum term of
 1001  imprisonment of 7 years and shall be ordered to pay a fine of
 1002  $100,000.
 1003         c. Is 100 grams or more, but less than 300 grams, such
 1004  person shall be sentenced to a mandatory minimum term of
 1005  imprisonment of 15 years and shall be ordered to pay a fine of
 1006  $500,000.
 1007         d. Is 300 grams or more, but less than 30 kilograms, such
 1008  person shall be sentenced to a mandatory minimum term of
 1009  imprisonment of 25 years and shall be ordered to pay a fine of
 1010  $750,000.
 1011         3. A person who knowingly sells, purchases, manufactures,
 1012  delivers, or brings into this state, or who is knowingly in
 1013  actual or constructive possession of, 7 grams or more of
 1014  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 1015  thereof, or 7 grams or more of any mixture containing any such
 1016  substance, commits a felony of the first degree, which felony
 1017  shall be known as “trafficking in oxycodone,” punishable as
 1018  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 1019  quantity involved:
 1020         a. Is 7 grams or more, but less than 14 grams, such person
 1021  shall be sentenced to a mandatory minimum term of imprisonment
 1022  of 3 years and shall be ordered to pay a fine of $50,000.
 1023         b. Is 14 grams or more, but less than 25 grams, such person
 1024  shall be sentenced to a mandatory minimum term of imprisonment
 1025  of 7 years and shall be ordered to pay a fine of $100,000.
 1026         c. Is 25 grams or more, but less than 100 grams, such
 1027  person shall be sentenced to a mandatory minimum term of
 1028  imprisonment of 15 years and shall be ordered to pay a fine of
 1029  $500,000.
 1030         d. Is 100 grams or more, but less than 30 kilograms, such
 1031  person shall be sentenced to a mandatory minimum term of
 1032  imprisonment of 25 years and shall be ordered to pay a fine of
 1033  $750,000.
 1034         4.a. A person who knowingly sells, purchases, manufactures,
 1035  delivers, or brings into this state, or who is knowingly in
 1036  actual or constructive possession of, 4 grams or more of:
 1037         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 1038         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 1039         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 1040         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 1041         (V) A fentanyl derivative, as described in s.
 1042  893.03(1)(a)62.;
 1043         (VI) A controlled substance analog, as described in s.
 1044  893.0356, of any substance described in sub-sub-subparagraphs
 1045  (I)-(V); or
 1046         (VII) A mixture containing any substance described in sub
 1047  sub-subparagraphs (I)-(VI),
 1048  
 1049  commits a felony of the first degree, which felony shall be
 1050  known as “trafficking in fentanyl,” punishable as provided in s.
 1051  775.082, s. 775.083, or s. 775.084.
 1052         b. If the quantity involved under sub-subparagraph a.:
 1053         (I) Is 4 grams or more, but less than 14 grams, such person
 1054  shall be sentenced to a mandatory minimum term of imprisonment
 1055  of 3 years, and shall be ordered to pay a fine of $50,000.
 1056         (II) Is 14 grams or more, but less than 28 grams, such
 1057  person shall be sentenced to a mandatory minimum term of
 1058  imprisonment of 15 years, and shall be ordered to pay a fine of
 1059  $100,000.
 1060         (III) Is 28 grams or more, such person shall be sentenced
 1061  to a mandatory minimum term of imprisonment of 25 years, and
 1062  shall be ordered to pay a fine of $500,000.
 1063         5. A person who knowingly sells, purchases, manufactures,
 1064  delivers, or brings into this state, or who is knowingly in
 1065  actual or constructive possession of, 30 kilograms or more of
 1066  any morphine, opium, oxycodone, hydrocodone, codeine,
 1067  hydromorphone, or any salt, derivative, isomer, or salt of an
 1068  isomer thereof, including heroin, as described in s.
 1069  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 1070  more of any mixture containing any such substance, commits the
 1071  first degree felony of trafficking in illegal drugs. A person
 1072  who has been convicted of the first degree felony of trafficking
 1073  in illegal drugs under this subparagraph shall be punished by
 1074  life imprisonment and is ineligible for any form of
 1075  discretionary early release except pardon or executive clemency
 1076  or conditional medical release under s. 947.149. However, if the
 1077  court determines that, in addition to committing any act
 1078  specified in this paragraph:
 1079         a. The person intentionally killed an individual or
 1080  counseled, commanded, induced, procured, or caused the
 1081  intentional killing of an individual and such killing was the
 1082  result; or
 1083         b. The person’s conduct in committing that act led to a
 1084  natural, though not inevitable, lethal result,
 1085  
 1086  such person commits the capital felony of trafficking in illegal
 1087  drugs, punishable as provided in ss. 775.082 and 921.142. A
 1088  person sentenced for a capital felony under this paragraph shall
 1089  also be sentenced to pay the maximum fine provided under
 1090  subparagraph 1.
 1091         6. A person who knowingly brings into this state 60
 1092  kilograms or more of any morphine, opium, oxycodone,
 1093  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 1094  isomer, or salt of an isomer thereof, including heroin, as
 1095  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 1096  60 kilograms or more of any mixture containing any such
 1097  substance, and who knows that the probable result of such
 1098  importation would be the death of a person, commits capital
 1099  importation of illegal drugs, a capital felony punishable as
 1100  provided in ss. 775.082 and 921.142. A person sentenced for a
 1101  capital felony under this paragraph shall also be sentenced to
 1102  pay the maximum fine provided under subparagraph 1.
 1103         (d)1. Any person who knowingly sells, purchases,
 1104  manufactures, delivers, or brings into this state, or who is
 1105  knowingly in actual or constructive possession of, 28 grams or
 1106  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 1107  substituted phenylcyclohexylamine, as described in s.
 1108  893.03(1)(c)195., or a substance described in s.
 1109  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1110  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1111  substituted phenylcyclohexylamine, as described in s.
 1112  893.03(1)(c)195., or a substance described in s.
 1113  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 1114  the first degree, which felony shall be known as “trafficking in
 1115  phencyclidine,” punishable as provided in s. 775.082, s.
 1116  775.083, or s. 775.084. If the quantity involved:
 1117         a. Is 28 grams or more, but less than 200 grams, such
 1118  person shall be sentenced to a mandatory minimum term of
 1119  imprisonment of 3 years, and the defendant shall be ordered to
 1120  pay a fine of $50,000.
 1121         b. Is 200 grams or more, but less than 400 grams, such
 1122  person shall be sentenced to a mandatory minimum term of
 1123  imprisonment of 7 years, and the defendant shall be ordered to
 1124  pay a fine of $100,000.
 1125         c. Is 400 grams or more, such person shall be sentenced to
 1126  a mandatory minimum term of imprisonment of 15 calendar years
 1127  and pay a fine of $250,000.
 1128         2. Any person who knowingly brings into this state 800
 1129  grams or more of phencyclidine, as described in s.
 1130  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 1131  described in s. 893.03(1)(c)195., or a substance described in s.
 1132  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 1133  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 1134  substituted phenylcyclohexylamine, as described in s.
 1135  893.03(1)(c)195., or a substance described in s.
 1136  893.03(1)(c)13., 32., 38., 103., or 146., and who knows that the
 1137  probable result of such importation would be the death of any
 1138  person commits capital importation of phencyclidine, a capital
 1139  felony punishable as provided in ss. 775.082 and 921.142. Any
 1140  person sentenced for a capital felony under this paragraph shall
 1141  also be sentenced to pay the maximum fine provided under
 1142  subparagraph 1.
 1143         (e)1. Any person who knowingly sells, purchases,
 1144  manufactures, delivers, or brings into this state, or who is
 1145  knowingly in actual or constructive possession of, 200 grams or
 1146  more of methaqualone or of any mixture containing methaqualone,
 1147  as described in s. 893.03(1)(d), commits a felony of the first
 1148  degree, which felony shall be known as “trafficking in
 1149  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 1150  or s. 775.084. If the quantity involved:
 1151         a. Is 200 grams or more, but less than 5 kilograms, such
 1152  person shall be sentenced to a mandatory minimum term of
 1153  imprisonment of 3 years, and the defendant shall be ordered to
 1154  pay a fine of $50,000.
 1155         b. Is 5 kilograms or more, but less than 25 kilograms, such
 1156  person shall be sentenced to a mandatory minimum term of
 1157  imprisonment of 7 years, and the defendant shall be ordered to
 1158  pay a fine of $100,000.
 1159         c. Is 25 kilograms or more, such person shall be sentenced
 1160  to a mandatory minimum term of imprisonment of 15 calendar years
 1161  and pay a fine of $250,000.
 1162         2. Any person who knowingly brings into this state 50
 1163  kilograms or more of methaqualone or of any mixture containing
 1164  methaqualone, as described in s. 893.03(1)(d), and who knows
 1165  that the probable result of such importation would be the death
 1166  of any person commits capital importation of methaqualone, a
 1167  capital felony punishable as provided in ss. 775.082 and
 1168  921.142. Any person sentenced for a capital felony under this
 1169  paragraph shall also be sentenced to pay the maximum fine
 1170  provided under subparagraph 1.
 1171         (f)1. Any person who knowingly sells, purchases,
 1172  manufactures, delivers, or brings into this state, or who is
 1173  knowingly in actual or constructive possession of, 14 grams or
 1174  more of amphetamine, as described in s. 893.03(2)(c)2., or
 1175  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 1176  mixture containing amphetamine or methamphetamine, or
 1177  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 1178  in conjunction with other chemicals and equipment utilized in
 1179  the manufacture of amphetamine or methamphetamine, commits a
 1180  felony of the first degree, which felony shall be known as
 1181  “trafficking in amphetamine,” punishable as provided in s.
 1182  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 1183         a. Is 14 grams or more, but less than 28 grams, such person
 1184  shall be sentenced to a mandatory minimum term of imprisonment
 1185  of 3 years, and the defendant shall be ordered to pay a fine of
 1186  $50,000.
 1187         b. Is 28 grams or more, but less than 200 grams, such
 1188  person shall be sentenced to a mandatory minimum term of
 1189  imprisonment of 7 years, and the defendant shall be ordered to
 1190  pay a fine of $100,000.
 1191         c. Is 200 grams or more, such person shall be sentenced to
 1192  a mandatory minimum term of imprisonment of 15 calendar years
 1193  and pay a fine of $250,000.
 1194         2. Any person who knowingly manufactures or brings into
 1195  this state 400 grams or more of amphetamine, as described in s.
 1196  893.03(2)(c)2., or methamphetamine, as described in s.
 1197  893.03(2)(c)5., or of any mixture containing amphetamine or
 1198  methamphetamine, or phenylacetone, phenylacetic acid,
 1199  pseudoephedrine, or ephedrine in conjunction with other
 1200  chemicals and equipment used in the manufacture of amphetamine
 1201  or methamphetamine, and who knows that the probable result of
 1202  such manufacture or importation would be the death of any person
 1203  commits capital manufacture or importation of amphetamine, a
 1204  capital felony punishable as provided in ss. 775.082 and
 1205  921.142. Any person sentenced for a capital felony under this
 1206  paragraph shall also be sentenced to pay the maximum fine
 1207  provided under subparagraph 1.
 1208         (g)1. Any person who knowingly sells, purchases,
 1209  manufactures, delivers, or brings into this state, or who is
 1210  knowingly in actual or constructive possession of, 4 grams or
 1211  more of flunitrazepam or any mixture containing flunitrazepam as
 1212  described in s. 893.03(1)(a) commits a felony of the first
 1213  degree, which felony shall be known as “trafficking in
 1214  flunitrazepam,” punishable as provided in s. 775.082, s.
 1215  775.083, or s. 775.084. If the quantity involved:
 1216         a. Is 4 grams or more but less than 14 grams, such person
 1217  shall be sentenced to a mandatory minimum term of imprisonment
 1218  of 3 years, and the defendant shall be ordered to pay a fine of
 1219  $50,000.
 1220         b. Is 14 grams or more but less than 28 grams, such person
 1221  shall be sentenced to a mandatory minimum term of imprisonment
 1222  of 7 years, and the defendant shall be ordered to pay a fine of
 1223  $100,000.
 1224         c. Is 28 grams or more but less than 30 kilograms, such
 1225  person shall be sentenced to a mandatory minimum term of
 1226  imprisonment of 25 calendar years and pay a fine of $500,000.
 1227         2. Any person who knowingly sells, purchases, manufactures,
 1228  delivers, or brings into this state or who is knowingly in
 1229  actual or constructive possession of 30 kilograms or more of
 1230  flunitrazepam or any mixture containing flunitrazepam as
 1231  described in s. 893.03(1)(a) commits the first degree felony of
 1232  trafficking in flunitrazepam. A person who has been convicted of
 1233  the first degree felony of trafficking in flunitrazepam under
 1234  this subparagraph shall be punished by life imprisonment and is
 1235  ineligible for any form of discretionary early release except
 1236  pardon or executive clemency or conditional medical release
 1237  under s. 947.149. However, if the court determines that, in
 1238  addition to committing any act specified in this paragraph:
 1239         a. The person intentionally killed an individual or
 1240  counseled, commanded, induced, procured, or caused the
 1241  intentional killing of an individual and such killing was the
 1242  result; or
 1243         b. The person’s conduct in committing that act led to a
 1244  natural, though not inevitable, lethal result,
 1245  
 1246  such person commits the capital felony of trafficking in
 1247  flunitrazepam, punishable as provided in ss. 775.082 and
 1248  921.142. Any person sentenced for a capital felony under this
 1249  paragraph shall also be sentenced to pay the maximum fine
 1250  provided under subparagraph 1.
 1251         (h)1. Any person who knowingly sells, purchases,
 1252  manufactures, delivers, or brings into this state, or who is
 1253  knowingly in actual or constructive possession of, 1 kilogram or
 1254  more of gamma-hydroxybutyric acid (GHB), as described in s.
 1255  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 1256  acid (GHB), commits a felony of the first degree, which felony
 1257  shall be known as “trafficking in gamma-hydroxybutyric acid
 1258  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 1259  775.084. If the quantity involved:
 1260         a. Is 1 kilogram or more but less than 5 kilograms, such
 1261  person shall be sentenced to a mandatory minimum term of
 1262  imprisonment of 3 years, and the defendant shall be ordered to
 1263  pay a fine of $50,000.
 1264         b. Is 5 kilograms or more but less than 10 kilograms, such
 1265  person shall be sentenced to a mandatory minimum term of
 1266  imprisonment of 7 years, and the defendant shall be ordered to
 1267  pay a fine of $100,000.
 1268         c. Is 10 kilograms or more, such person shall be sentenced
 1269  to a mandatory minimum term of imprisonment of 15 calendar years
 1270  and pay a fine of $250,000.
 1271         2. Any person who knowingly manufactures or brings into
 1272  this state 150 kilograms or more of gamma-hydroxybutyric acid
 1273  (GHB), as described in s. 893.03(1)(d), or any mixture
 1274  containing gamma-hydroxybutyric acid (GHB), and who knows that
 1275  the probable result of such manufacture or importation would be
 1276  the death of any person commits capital manufacture or
 1277  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 1278  punishable as provided in ss. 775.082 and 921.142. Any person
 1279  sentenced for a capital felony under this paragraph shall also
 1280  be sentenced to pay the maximum fine provided under subparagraph
 1281  1.
 1282         (i)1. Any person who knowingly sells, purchases,
 1283  manufactures, delivers, or brings into this state, or who is
 1284  knowingly in actual or constructive possession of, 1 kilogram or
 1285  more of gamma-butyrolactone (GBL), as described in s.
 1286  893.03(1)(d), or any mixture containing gamma-butyrolactone
 1287  (GBL), commits a felony of the first degree, which felony shall
 1288  be known as “trafficking in gamma-butyrolactone (GBL),”
 1289  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1290  If the quantity involved:
 1291         a. Is 1 kilogram or more but less than 5 kilograms, such
 1292  person shall be sentenced to a mandatory minimum term of
 1293  imprisonment of 3 years, and the defendant shall be ordered to
 1294  pay a fine of $50,000.
 1295         b. Is 5 kilograms or more but less than 10 kilograms, such
 1296  person shall be sentenced to a mandatory minimum term of
 1297  imprisonment of 7 years, and the defendant shall be ordered to
 1298  pay a fine of $100,000.
 1299         c. Is 10 kilograms or more, such person shall be sentenced
 1300  to a mandatory minimum term of imprisonment of 15 calendar years
 1301  and pay a fine of $250,000.
 1302         2. Any person who knowingly manufactures or brings into the
 1303  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 1304  described in s. 893.03(1)(d), or any mixture containing gamma
 1305  butyrolactone (GBL), and who knows that the probable result of
 1306  such manufacture or importation would be the death of any person
 1307  commits capital manufacture or importation of gamma
 1308  butyrolactone (GBL), a capital felony punishable as provided in
 1309  ss. 775.082 and 921.142. Any person sentenced for a capital
 1310  felony under this paragraph shall also be sentenced to pay the
 1311  maximum fine provided under subparagraph 1.
 1312         (j)1. Any person who knowingly sells, purchases,
 1313  manufactures, delivers, or brings into this state, or who is
 1314  knowingly in actual or constructive possession of, 1 kilogram or
 1315  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 1316  any mixture containing 1,4-Butanediol, commits a felony of the
 1317  first degree, which felony shall be known as “trafficking in
 1318  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 1319  775.083, or s. 775.084. If the quantity involved:
 1320         a. Is 1 kilogram or more, but less than 5 kilograms, such
 1321  person shall be sentenced to a mandatory minimum term of
 1322  imprisonment of 3 years, and the defendant shall be ordered to
 1323  pay a fine of $50,000.
 1324         b. Is 5 kilograms or more, but less than 10 kilograms, such
 1325  person shall be sentenced to a mandatory minimum term of
 1326  imprisonment of 7 years, and the defendant shall be ordered to
 1327  pay a fine of $100,000.
 1328         c. Is 10 kilograms or more, such person shall be sentenced
 1329  to a mandatory minimum term of imprisonment of 15 calendar years
 1330  and pay a fine of $500,000.
 1331         2. Any person who knowingly manufactures or brings into
 1332  this state 150 kilograms or more of 1,4-Butanediol as described
 1333  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 1334  and who knows that the probable result of such manufacture or
 1335  importation would be the death of any person commits capital
 1336  manufacture or importation of 1,4-Butanediol, a capital felony
 1337  punishable as provided in ss. 775.082 and 921.142. Any person
 1338  sentenced for a capital felony under this paragraph shall also
 1339  be sentenced to pay the maximum fine provided under subparagraph
 1340  1.
 1341         (k)1. A person who knowingly sells, purchases,
 1342  manufactures, delivers, or brings into this state, or who is
 1343  knowingly in actual or constructive possession of, 10 grams or
 1344  more of a:
 1345         a. Substance described in s. 893.03(1)(c)4., 5., 10., 11.,
 1346  15., 17., 21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86.,
 1347  90.-102., 104.-108., 110.-113., 143.-145., 148.-150., 160.-163.,
 1348  165., or 187.-189., a substituted cathinone, as described in s.
 1349  893.03(1)(c)191., or substituted phenethylamine, as described in
 1350  s. 893.03(1)(c)192.;
 1351         b. Mixture containing any substance described in sub
 1352  subparagraph a.; or
 1353         c. Salt, isomer, ester, or ether or salt of an isomer,
 1354  ester, or ether of a substance described in sub-subparagraph a.,
 1355  
 1356  commits a felony of the first degree, which felony shall be
 1357  known as “trafficking in phenethylamines,” punishable as
 1358  provided in s. 775.082, s. 775.083, or s. 775.084.
 1359         2. If the quantity involved under subparagraph 1.:
 1360         a. Is 10 grams or more, but less than 200 grams, such
 1361  person shall be sentenced to a mandatory minimum term of
 1362  imprisonment of 3 years and shall be ordered to pay a fine of
 1363  $50,000.
 1364         b. Is 200 grams or more, but less than 400 grams, such
 1365  person shall be sentenced to a mandatory minimum term of
 1366  imprisonment of 7 years and shall be ordered to pay a fine of
 1367  $100,000.
 1368         c. Is 400 grams or more, such person shall be sentenced to
 1369  a mandatory minimum term of imprisonment of 15 years and shall
 1370  be ordered to pay a fine of $250,000.
 1371         3. A person who knowingly manufactures or brings into this
 1372  state 30 kilograms or more of a substance described in sub
 1373  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 1374  or a salt, isomer, ester, or ether or a salt of an isomer,
 1375  ester, or ether described in sub-subparagraph 1.c., and who
 1376  knows that the probable result of such manufacture or
 1377  importation would be the death of any person commits capital
 1378  manufacture or importation of phenethylamines, a capital felony
 1379  punishable as provided in ss. 775.082 and 921.142. A person
 1380  sentenced for a capital felony under this paragraph shall also
 1381  be sentenced to pay the maximum fine under subparagraph 2.
 1382         (l)1. Any person who knowingly sells, purchases,
 1383  manufactures, delivers, or brings into this state, or who is
 1384  knowingly in actual or constructive possession of, 1 gram or
 1385  more of lysergic acid diethylamide (LSD) as described in s.
 1386  893.03(1)(c), or of any mixture containing lysergic acid
 1387  diethylamide (LSD), commits a felony of the first degree, which
 1388  felony shall be known as “trafficking in lysergic acid
 1389  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 1390  775.083, or s. 775.084. If the quantity involved:
 1391         a. Is 1 gram or more, but less than 5 grams, such person
 1392  shall be sentenced to a mandatory minimum term of imprisonment
 1393  of 3 years, and the defendant shall be ordered to pay a fine of
 1394  $50,000.
 1395         b. Is 5 grams or more, but less than 7 grams, such person
 1396  shall be sentenced to a mandatory minimum term of imprisonment
 1397  of 7 years, and the defendant shall be ordered to pay a fine of
 1398  $100,000.
 1399         c. Is 7 grams or more, such person shall be sentenced to a
 1400  mandatory minimum term of imprisonment of 15 calendar years and
 1401  pay a fine of $500,000.
 1402         2. Any person who knowingly manufactures or brings into
 1403  this state 7 grams or more of lysergic acid diethylamide (LSD)
 1404  as described in s. 893.03(1)(c), or any mixture containing
 1405  lysergic acid diethylamide (LSD), and who knows that the
 1406  probable result of such manufacture or importation would be the
 1407  death of any person commits capital manufacture or importation
 1408  of lysergic acid diethylamide (LSD), a capital felony punishable
 1409  as provided in ss. 775.082 and 921.142. Any person sentenced for
 1410  a capital felony under this paragraph shall also be sentenced to
 1411  pay the maximum fine provided under subparagraph 1.
 1412         (m)1. A person who knowingly sells, purchases,
 1413  manufactures, delivers, or brings into this state, or who is
 1414  knowingly in actual or constructive possession of, 280 grams or
 1415  more of a:
 1416         a. Substance described in s. 893.03(1)(c)30., 46.-50.,
 1417  114.-142., 151.-156., 166.-173., or 176.-186. or a synthetic
 1418  cannabinoid, as described in s. 893.03(1)(c)190.; or
 1419         b. Mixture containing any substance described in sub
 1420  subparagraph a.,
 1421  
 1422  commits a felony of the first degree, which felony shall be
 1423  known as “trafficking in synthetic cannabinoids,” punishable as
 1424  provided in s. 775.082, s. 775.083, or s. 775.084.
 1425         2. If the quantity involved under subparagraph 1.:
 1426         a. Is 280 grams or more, but less than 500 grams, such
 1427  person shall be sentenced to a mandatory minimum term of
 1428  imprisonment of 3 years, and the defendant shall be ordered to
 1429  pay a fine of $50,000.
 1430         b. Is 500 grams or more, but less than 1,000 grams, such
 1431  person shall be sentenced to a mandatory minimum term of
 1432  imprisonment of 7 years, and the defendant shall be ordered to
 1433  pay a fine of $100,000.
 1434         c. Is 1,000 grams or more, but less than 30 kilograms, such
 1435  person shall be sentenced to a mandatory minimum term of
 1436  imprisonment of 15 years, and the defendant shall be ordered to
 1437  pay a fine of $200,000.
 1438         d. Is 30 kilograms or more, such person shall be sentenced
 1439  to a mandatory minimum term of imprisonment of 25 years, and the
 1440  defendant shall be ordered to pay a fine of $750,000.
 1441         (n)1. A person who knowingly sells, purchases,
 1442  manufactures, delivers, or brings into this state, or who is
 1443  knowingly in actual or constructive possession of, 14 grams or
 1444  more of:
 1445         a. A substance described in s. 893.03(1)(c)164., 174., or
 1446  175., a n-benzyl phenethylamine compound, as described in s.
 1447  893.03(1)(c)193.; or
 1448         b. A mixture containing any substance described in sub
 1449  subparagraph a.,
 1450  
 1451  commits a felony of the first degree, which felony shall be
 1452  known as “trafficking in n-benzyl phenethylamines,” punishable
 1453  as provided in s. 775.082, s. 775.083, or s. 775.084.
 1454         2. If the quantity involved under subparagraph 1.:
 1455         a. Is 14 grams or more, but less than 100 grams, such
 1456  person shall be sentenced to a mandatory minimum term of
 1457  imprisonment of 3 years, and the defendant shall be ordered to
 1458  pay a fine of $50,000.
 1459         b. Is 100 grams or more, but less than 200 grams, such
 1460  person shall be sentenced to a mandatory minimum term of
 1461  imprisonment of 7 years, and the defendant shall be ordered to
 1462  pay a fine of $100,000.
 1463         c. Is 200 grams or more, such person shall be sentenced to
 1464  a mandatory minimum term of imprisonment of 15 years, and the
 1465  defendant shall be ordered to pay a fine of $500,000.
 1466         3. A person who knowingly manufactures or brings into this
 1467  state 400 grams or more of a substance described in sub
 1468  subparagraph 1.a. or a mixture described in sub-subparagraph
 1469  1.b., and who knows that the probable result of such manufacture
 1470  or importation would be the death of any person commits capital
 1471  manufacture or importation of a n-benzyl phenethylamine
 1472  compound, a capital felony punishable as provided in ss. 775.082
 1473  and 921.142. A person sentenced for a capital felony under this
 1474  paragraph shall also be sentenced to pay the maximum fine under
 1475  subparagraph 2.
 1476         Section 10. Section 943.0586, Florida Statutes, is created
 1477  to read:
 1478         943.0586 Cannabis expunction.—
 1479         (1) DEFINITIONS.—As used in this section, the term:
 1480         (a) “Cannabis” has the same meaning as provided in chapter
 1481  893.
 1482         (b) “Expunction” has the same meaning and effect as
 1483  provided in s. 943.0585.
 1484         (c) “Former s. 893.13, Florida Statutes 2021,” is a
 1485  reference to s. 893.13 as it existed at any time before July 1,
 1486  2022.
 1487         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 1488  eligible to petition a court to expunge a criminal history
 1489  record for the conviction of former s. 893.13, Florida Statutes
 1490  2021, if:
 1491         (a) The person received a withholding of adjudication or
 1492  adjudication of guilt for a violation of former 893.13, Florida
 1493  Statutes 2021, for the possession of cannabis;
 1494         (b) The person possessed 4.0 ounces or less of cannabis;
 1495  and
 1496         (c) The person is no longer under court supervision related
 1497  to the disposition of arrest or alleged criminal activity to
 1498  which the petition to expunge pertains.
 1499         (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court
 1500  to expunge a criminal history record under this section, a
 1501  person seeking to expunge a criminal history record must apply
 1502  to the department for a certificate of eligibility for
 1503  expunction. The department shall adopt rules to establish
 1504  procedures for applying for and issuing a certificate of
 1505  eligibility for expunction.
 1506         (a) The department shall issue a certificate of eligibility
 1507  for expunction to a person who is the subject of a criminal
 1508  history record under this section, if that person:
 1509         1. Satisfies the eligibility criteria in subsection (2);
 1510         2. Has submitted to the department a written, certified
 1511  statement from the appropriate state attorney or statewide
 1512  prosecutor which confirms the criminal history record complies
 1513  with the criteria in subsection (2); and
 1514         3. Has submitted to the department a certified copy of the
 1515  disposition of the charge to which the petition to expunge
 1516  pertains.
 1517         (b) A certificate of eligibility for expunction is valid
 1518  for 12 months after the date of issuance stamped by the
 1519  department on the certificate. After that time, the petitioner
 1520  must reapply to the department for a new certificate of
 1521  eligibility. The petitioner’s status and the law in effect at
 1522  the time of the renewal application determine the petitioner’s
 1523  eligibility.
 1524         (4) PETITION.—Each petition to expunge a criminal history
 1525  record must be accompanied by all of the following:
 1526         (a) A valid certificate of eligibility issued by the
 1527  department.
 1528         (b) The petitioner’s sworn statement that he or she:
 1529         1. Satisfies the eligibility requirements for expunction in
 1530  subsection (2); and
 1531         2. Is eligible for expunction to the best of his or her
 1532  knowledge.
 1533         (5) PENALTIES.—A person who knowingly provides false
 1534  information on his or her sworn statement submitted with a
 1535  petition to expunge commits a felony of the third degree,
 1536  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 1537         (6) COURT AUTHORITY.—
 1538         (a) The courts of this state have jurisdiction over their
 1539  own procedures, including the maintenance, expunction, and
 1540  correction of judicial records containing criminal history
 1541  information to the extent that such procedures are not
 1542  inconsistent with the conditions, responsibilities, and duties
 1543  established by this section.
 1544         (b) A court of competent jurisdiction shall order a
 1545  criminal justice agency to expunge the criminal history record
 1546  of a person who complies with this section. The court may not
 1547  order a criminal justice agency to expunge a criminal history
 1548  record under this section until the person seeking to expunge a
 1549  criminal history record has applied for and received a
 1550  certificate of eligibility under subsection (3).
 1551         (c) Expunction granted under this section does not prevent
 1552  the person who receives such relief from petitioning for the
 1553  expunction or sealing of a later criminal history record as
 1554  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 1555  person is otherwise eligible under those sections.
 1556         (7) PROCESSING OF A PETITION OR AN ORDER.—
 1557         (a) In judicial proceedings under this section, a copy of
 1558  the completed petition to expunge must be served upon the
 1559  appropriate state attorney or the statewide prosecutor and upon
 1560  the arresting agency; however, it is not necessary to make any
 1561  agency other than the state a party. The appropriate state
 1562  attorney or the statewide prosecutor and the arresting agency
 1563  may respond to the court regarding the completed petition to
 1564  expunge.
 1565         (b) If relief is granted by the court, the clerk of the
 1566  court shall certify copies of the order to the appropriate state
 1567  attorney or the statewide prosecutor and the arresting agency.
 1568  The arresting agency shall forward the order to any other agency
 1569  to which the arresting agency disseminated the criminal history
 1570  record information to which the order pertains. The department
 1571  shall forward the order to expunge to the Federal Bureau of
 1572  Investigation. The clerk of the court shall certify a copy of
 1573  the order to any other agency that the records of the court
 1574  reflect has received the criminal history record from the court.
 1575         (c) The department or any other criminal justice agency is
 1576  not required to act on an order to expunge entered by a court if
 1577  such order does not meet the requirements of this section. Upon
 1578  receipt of such an order, the department shall notify the
 1579  issuing court, the appropriate state attorney or statewide
 1580  prosecutor, the petitioner or the petitioner’s attorney, and the
 1581  arresting agency of the reason for noncompliance. The
 1582  appropriate state attorney or statewide prosecutor shall take
 1583  action within 60 days to correct the record and petition the
 1584  court to void the order. No cause of action, including contempt
 1585  of court, may arise against any criminal justice agency for
 1586  failure to comply with an order to expunge if the petitioner for
 1587  such order failed to obtain the certificate of eligibility as
 1588  required by this section or such order does not otherwise meet
 1589  the requirements of this section.
 1590         (8) EFFECT OF CANNABIS EXPUNCTION ORDER.—
 1591         (a) The person who is the subject of a criminal history
 1592  record expunged under this section may lawfully deny or fail to
 1593  acknowledge the arrests and convictions covered by the expunged
 1594  record, except if the person who is the subject of the record:
 1595         1. Is a candidate for employment with a criminal justice
 1596  agency;
 1597         2. Is a defendant in a criminal prosecution;
 1598         3. Concurrently or subsequently petitions for relief under
 1599  this section, s. 943.0583, s. 943.0585, or s. 943.059;
 1600         4. Is a candidate for admission to The Florida Bar;
 1601         5. Is seeking to be employed or licensed by or to contract
 1602  with the Department of Children and Families, the Division of
 1603  Vocational Rehabilitation within the Department of Education,
 1604  the Agency for Health Care Administration, the Agency for
 1605  Persons with Disabilities, the Department of Health, the
 1606  Department of Elderly Affairs, or the Department of Juvenile
 1607  Justice or to be employed or used by such contractor or licensee
 1608  in a sensitive position having direct contact with children,
 1609  persons with disabilities, or the elderly;
 1610         6. Is seeking to be employed or licensed by the Department
 1611  of Education, any district school board, any university
 1612  laboratory school, any charter school, any private or parochial
 1613  school, or any local governmental entity that licenses child
 1614  care facilities;
 1615         7. Is seeking to be licensed by the Division of Insurance
 1616  Agent and Agency Services within the Department of Financial
 1617  Services; or
 1618         8. Is seeking to be appointed as a guardian pursuant to s.
 1619  744.3125.
 1620         (b) A person granted an expunction under this section and
 1621  authorized under paragraph (a) to lawfully deny or fail to
 1622  acknowledge the arrests and convictions covered by an expunged
 1623  record may not be held under any law of this state to have
 1624  committed perjury or to be otherwise liable for giving a false
 1625  statement by reason of his or her failure to recite or
 1626  acknowledge an expunged criminal history record.
 1627         (9) FEES PROHIBITED.—A court may not require a person to
 1628  pay any fee or cost related to a petition to expunge a criminal
 1629  history record pursuant to this section.
 1630         (10) DENIAL OF EMPLOYMENT PROHIBITED.—A person may not be
 1631  denied employment on the basis of a conviction in his or her
 1632  criminal history record which is eligible for expunction under
 1633  this section.
 1634         Section 11. This act shall take effect July 1, 2022, but
 1635  only if SB ____, SB ____, and SB ____ or similar legislation are
 1636  adopted in the same legislative session or an extension thereof
 1637  and become laws.