Florida Senate - 2024                                    SB 1300
       
       
        
       By Senator Davis
       
       
       
       
       
       5-00697-24                                            20241300__
    1                        A bill to be entitled                      
    2         An act relating to medical marijuana treatment center
    3         licenses; amending s. 381.986, F.S.; exempting certain
    4         applicants for medical marijuana treatment center
    5         licenses from specified licensure requirements;
    6         requiring that medical marijuana treatment center
    7         licenses issued to individuals be changed to reflect
    8         the name of specified business entities or
    9         partnerships under certain circumstances; amending s.
   10         2, chapter 2023-292, Laws of Florida; providing that
   11         the death of certain applicants does not bar the
   12         estate of such applicants from challenging the
   13         Department of Health’s decision on the application and
   14         may not be a reason to deny any such challenge;
   15         providing for retroactive application; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (a) of subsection (8) of section
   21  381.986, Florida Statutes, is amended to read:
   22         381.986 Medical use of marijuana.—
   23         (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
   24         (a) The department shall license medical marijuana
   25  treatment centers to ensure reasonable statewide accessibility
   26  and availability as necessary for qualified patients registered
   27  in the medical marijuana use registry and who are issued a
   28  physician certification under this section.
   29         1. As soon as practicable, but no later than July 3, 2017,
   30  the department shall license as a medical marijuana treatment
   31  center any entity that holds an active, unrestricted license to
   32  cultivate, process, transport, and dispense low-THC cannabis,
   33  medical cannabis, and cannabis delivery devices, under former s.
   34  381.986, Florida Statutes 2016, before July 1, 2017, and which
   35  meets the requirements of this section. In addition to the
   36  authority granted under this section, these entities are
   37  authorized to dispense low-THC cannabis, medical cannabis, and
   38  cannabis delivery devices ordered pursuant to former s. 381.986,
   39  Florida Statutes 2016, which were entered into the compassionate
   40  use registry before July 1, 2017, and are authorized to begin
   41  dispensing marijuana under this section on July 3, 2017. The
   42  department may grant variances from the representations made in
   43  such an entity’s original application for approval under former
   44  s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).
   45         2. The department shall license as medical marijuana
   46  treatment centers 10 applicants that meet the requirements of
   47  this section, under the following parameters:
   48         a. As soon as practicable, but no later than August 1,
   49  2017, the department shall license any applicant whose
   50  application was reviewed, evaluated, and scored by the
   51  department and which was denied a dispensing organization
   52  license by the department under former s. 381.986, Florida
   53  Statutes 2014; which had one or more administrative or judicial
   54  challenges pending as of January 1, 2017, or had a final ranking
   55  within one point of the highest final ranking in its region
   56  under former s. 381.986, Florida Statutes 2014; which meets the
   57  requirements of this section; and which provides documentation
   58  to the department that it has the existing infrastructure and
   59  technical and technological ability to begin cultivating
   60  marijuana within 30 days after registration as a medical
   61  marijuana treatment center.
   62         b. As soon as practicable, the department shall license one
   63  applicant that is a recognized class member of Pigford v.
   64  Glickman, 185 F.R.D. 82 (D.D.C. 1999), or In Re Black Farmers
   65  Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed
   66  under this sub-subparagraph is exempt from the requirements of
   67  subparagraphs (b)1. and 2. requirement of subparagraph (b)2. An
   68  applicant that applies for licensure under this sub
   69  subparagraph, pays its initial application fee, is determined by
   70  the department through the application process to qualify as a
   71  recognized class member, and is not awarded a license under this
   72  sub-subparagraph may transfer its initial application fee to one
   73  subsequent opportunity to apply for licensure under subparagraph
   74  4. A license granted to an individual under this sub
   75  subparagraph must be changed to the name of the class member’s
   76  business entity or partnership.
   77         c. As soon as practicable, but no later than October 3,
   78  2017, the department shall license applicants that meet the
   79  requirements of this section in sufficient numbers to result in
   80  10 total licenses issued under this subparagraph, while
   81  accounting for the number of licenses issued under sub
   82  subparagraphs a. and b.
   83         3. For up to two of the licenses issued under subparagraph
   84  2., the department shall give preference to applicants that
   85  demonstrate in their applications that they own one or more
   86  facilities that are, or were, used for the canning,
   87  concentrating, or otherwise processing of citrus fruit or citrus
   88  molasses and will use or convert the facility or facilities for
   89  the processing of marijuana.
   90         4. Within 6 months after the registration of 100,000 active
   91  qualified patients in the medical marijuana use registry, the
   92  department shall license four additional medical marijuana
   93  treatment centers that meet the requirements of this section.
   94  Thereafter, the department shall license four medical marijuana
   95  treatment centers within 6 months after the registration of each
   96  additional 100,000 active qualified patients in the medical
   97  marijuana use registry that meet the requirements of this
   98  section.
   99         Section 2. Section 2 of chapter 2023-292, Laws of Florida,
  100  is amended to read:
  101         Section 2. (1) Notwithstanding any provision of s.
  102  381.986(8)(a)2.b., Florida Statutes, to the contrary, the
  103  Department of Health shall, as soon as practicable, license all
  104  applicants that applied for licensure during the application
  105  window created by the department to accept applications for
  106  licensure pursuant to s. 381.986(8)(a)2.b., Florida Statutes,
  107  and received:
  108         (a) A notice from the department regarding the applicant′s
  109  application for licensure indicating the department′s intent to
  110  approve or deny the application which did not cite any
  111  deficiencies with the application, regardless of the applicant′s
  112  final score; or
  113         (b) A final determination from the department as a result
  114  of a challenge to the application process, initiated pursuant to
  115  s. 120.569, Florida Statutes, determining that the applicant met
  116  all requirements for licensure pursuant to s. 381.986(8)(a)2.b.,
  117  Florida Statutes, and applicable rules, regardless of the
  118  applicant′s final score.
  119         (2) Upon this section becoming a law, the department shall
  120  grant each applicant referenced in subsection (1) 90 days to
  121  cure, pursuant to the errors and omissions process established
  122  in department Form DH8035-OMMU-10/2021 as incorporated by the
  123  department in Rule 64ER21-16, F.A.C., any deficiencies cited in
  124  a notice referenced in paragraph (1)(a). If such applicant cures
  125  the deficiencies within that 90-day timeframe, the department
  126  shall issue a license to the applicant.
  127         (3) The death of If an applicant whose application
  128  precipitated who was alive at the time he or she received the
  129  notice referred to in paragraph (1)(a) does not bar the estate
  130  of the applicant from challenging the department’s determination
  131  under dies during the challenge referred to in paragraph (1)(b),
  132  nor may it the death of the applicant may not be a reason to
  133  deny the challenge. In such a case and in the event of a
  134  successful challenge pursuant to paragraph (1)(b), the
  135  department must issue the license to the estate of the
  136  applicant.
  137         (4) The number of licenses made available for issuance
  138  under s. 381.986(8)(a)4., Florida Statutes, must be reduced by
  139  the number of licenses awarded under this section, except that
  140  the number of licenses awarded under this section may not be
  141  deducted from the number of licenses available for the
  142  application window held between April 24, 2023, and April 28,
  143  2023.
  144         (5) This section shall take effect upon becoming a law.
  145         Section 3. This act is remedial in nature and applies
  146  retroactively.
  147         Section 4. This act shall take effect upon becoming a law.