Bill Text: FL S1860 | 2020 | Regular Session | Introduced
Bill Title: Availability of Marijuana for Adult Use
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2020-03-14 - Died in Finance and Tax [S1860 Detail]
Download: Florida-2020-S1860-Introduced.html
Florida Senate - 2020 SB 1860 By Senator Brandes 24-00725A-20 20201860__ 1 A bill to be entitled 2 An act relating to the availability of marijuana for 3 adult use; amending s. 212.08, F.S.; revising the 4 sales tax exemption for the sale of marijuana and 5 marijuana delivery devices to only include sales to 6 qualified patients or caregivers; amending s. 381.986, 7 F.S.; revising provisions related to the licensure and 8 functions of medical marijuana treatment centers 9 (MMTCs); requiring the Department of Health to adopt 10 by rule certain operating standards and procedures; 11 requiring the department to adopt by rule a certain 12 MMTC registration form; specifying registration 13 requirements; providing that a registration expires 14 within a specified timeframe; specifying that 15 registration is not sufficient for certain operations; 16 requiring an MMTC to obtain separate operating 17 licenses for certain operations; specifying 18 application requirements for MMTCs to obtain 19 cultivation licenses and processing licenses; 20 providing for the expiration of and renewal of such 21 licenses; requiring an MMTC to obtain a facility 22 permit before cultivating or processing marijuana in 23 the facility; authorizing MMTCs licensed to cultivate 24 or process marijuana to use contractors to assist with 25 the cultivation and processing of marijuana under 26 certain conditions; providing for the destruction of 27 certain marijuana byproducts within a specified 28 timeframe after their production; authorizing MMTCs 29 licensed to cultivate and process marijuana to 30 wholesale marijuana to other registered MMTCs under 31 certain circumstances; prohibiting an MMTC from 32 transporting or delivering marijuana outside of its 33 property without a transportation license; providing 34 requirements for the cultivation and the processing of 35 marijuana; deleting the requirement that each MMTC 36 produce and make available for purchase at least one 37 low-THC cannabis product; deleting 38 tetrahydrocannabinol limits for edibles; requiring an 39 MMTC that holds a license for processing to test 40 marijuana before it is sold in addition to when it is 41 dispensed; deleting obsolete language; revising 42 marijuana packaging requirements; providing 43 application requirements for an MMTC to obtain a 44 retail license; providing for the expiration and 45 renewal of such licenses; requiring an MMTC to obtain 46 a facility permit before selling, dispensing, or 47 storing marijuana in the facility; requiring the 48 facility to cease certain operations under certain 49 circumstances; prohibiting a dispensing facility from 50 repackaging or modifying marijuana that has already 51 been packaged for sale, with certain exceptions; 52 authorizing a retail licensee to contract with an MMTC 53 that has a transportation license to transport 54 marijuana for the retail licensee under certain 55 circumstances; prohibiting onsite consumption or 56 administration of marijuana at a dispensing facility; 57 revising requirements for the dispensing of marijuana; 58 requiring a licensed retail MMTC to include specified 59 information on a label for marijuana or a marijuana 60 delivery device dispensed to a qualified patient or 61 caregiver; authorizing an MMTC to sell marijuana to an 62 adult 21 years of age or older under certain 63 circumstances; requiring MMTC employees to verify the 64 age of such buyers using specified methods; 65 prohibiting an MMTC from requesting or storing any 66 personal information of a buyer other than to verify 67 the buyer’s age; deleting a provision prohibiting an 68 MMTC from dispensing or selling specified products; 69 providing application requirements for an MMTC to 70 obtain a transportation license; providing marijuana 71 transportation requirements; prohibiting the 72 transportation of marijuana on certain properties; 73 prohibiting the transportation of marijuana in a 74 vehicle that is not owned or leased by a licensee or 75 the licensee’s contractor or appropriately permitted 76 by the department; providing a process for the 77 issuance and cancellation of vehicle permits; 78 requiring that each permitted vehicle be GPS 79 monitored; specifying that a permitted vehicle 80 transporting marijuana is subject to inspection and 81 search without a search warrant by specified persons; 82 authorizing an MMTC licensed to transport marijuana 83 and marijuana delivery devices to deliver or contract 84 for the delivery of marijuana to other MMTCs, to 85 qualified patients and caregivers within this state, 86 and to adults 21 years of age or older within this 87 state; establishing that a county or municipality may 88 not prohibit deliveries of marijuana to qualified 89 patients and caregivers within the county or 90 municipality; requiring an MMTC delivering marijuana 91 or a marijuana delivery device to a qualified patient 92 or his or her caregiver to verify the identity of the 93 qualified patient; requiring an MMTC delivering 94 marijuana to an adult 21 years of age or older to 95 verify his or her age; requiring the department to 96 adopt certain rules for the delivery of marijuana; 97 authorizing MMTCs to use contractors to assist with 98 the transportation of marijuana, but providing that an 99 MMTC is responsible for the actions and operations of 100 such a contractor which are related to the 101 transportation of marijuana; requiring an MMTC to know 102 the location of all of its marijuana products at all 103 times; requiring principals and employees of a 104 contractor to register with the department and receive 105 an MMTC employee identification card before 106 participating in the operations of the MMTC; providing 107 for the permitting of cultivation, processing, 108 dispensing, and storage facilities; requiring the 109 department to adopt by rule a facility permit 110 application form; requiring the department to inspect 111 a facility before issuing a permit; requiring the 112 department to issue or deny a facility permit within a 113 specified timeframe; providing for the expiration of 114 facility permits; requiring the department to inspect 115 a facility for compliance before the renewal of a 116 facility permit; requiring an MMTC to cease applicable 117 operations if a facility’s permit expires or is 118 suspended or revoked; requiring cultivation facilities 119 and processing facilities to be insured with specified 120 hazard and liability insurance; providing cultivation 121 facility and processing facility requirements; 122 preempting to the state all matters regarding the 123 permitting and regulation of cultivation facilities 124 and processing facilities; requiring dispensing 125 facilities and storage facilities to be insured with 126 specified hazard and liability insurance; providing 127 dispensing facility and storage facility requirements; 128 clarifying that a county or a municipality may 129 prohibit a dispensing facility from being located in 130 its jurisdiction but may not prohibit a licensed 131 retail MMTC or its permitted storage facility from 132 being located in such county’s or municipality’s 133 jurisdiction if the MMTC is delivering marijuana to 134 qualified patients; prohibiting the department from 135 issuing a facility permit for a dispensing facility in 136 a county or municipality that adopts a specified 137 ordinance; authorizing a county or municipality to 138 levy a local tax on a dispensing facility; providing 139 that local ordinances may not result in or provide for 140 certain outcomes; authorizing the department to adopt 141 specified requirements by rule; requiring the 142 department to adopt rules to administer the 143 registration of certain MMTC principals, employees, 144 and contractors; requiring an MMTC to apply to the 145 department for the registration of certain persons 146 before hiring or contracting with any such person; 147 requiring the department to adopt by rule a 148 registration form that includes specified information; 149 requiring the department to register persons who 150 satisfy specified conditions and issue them MMTC 151 employee identification cards; requiring a registered 152 person and the MMTC to update the department within a 153 specified timeframe if certain information or the 154 person’s employment status changes; authorizing the 155 department to contract with vendors to issue MMTC 156 employee identification cards; requiring the 157 department to inspect an MMTC and its facilities upon 158 receipt of a complaint and to inspect each permitted 159 facility at least biennially; authorizing the 160 department to conduct additional inspections of a 161 facility under certain circumstances; authorizing the 162 department to impose administrative penalties on an 163 MMTC for violating certain provisions; requiring the 164 department to refuse to renew an MMTC’s cultivation, 165 processing, retail, or transportation license under 166 certain circumstances; revising provisions related to 167 penalties and fees to conform to changes made by the 168 act; providing construction; conforming provisions to 169 changes made by the act; creating s. 381.990, F.S.; 170 authorizing an adult 21 years of age or older to 171 purchase, possess, use, transport, or transfer to 172 another adult 21 years of age or older marijuana 173 products and marijuana delivery devices under certain 174 circumstances; providing that such marijuana products 175 or marijuana delivery devices must be purchased from 176 an MMTC licensed by the department for the retail sale 177 of marijuana and registered with the Department of 178 Business and Professional Regulation (DBPR) for sale 179 of marijuana for adult use; clarifying that a private 180 property owner may restrict the smoking or vaping of 181 marijuana on his or her property but may not prevent 182 his or her tenants from using marijuana by other 183 means; providing that certain provisions do not exempt 184 a person from prosecution for a criminal offense 185 related to impairment or intoxication related to the 186 use of marijuana and do not relieve a person from any 187 legal requirement to submit to certain tests to detect 188 the presence of a controlled substance; requiring the 189 Department of Agriculture and Consumer Services to 190 conduct a study on the advisability of allowing the 191 cultivation of marijuana by members of the public for 192 private use, including use of a specified model; 193 requiring the department to report the results of the 194 study to the Governor and the Legislature by a 195 specified date; amending s. 893.13, F.S.; authorizing 196 a person 21 years of age or older to possess marijuana 197 products in a specified amount and to deliver 198 marijuana products to another person 21 years of age 199 or older, under certain circumstances; providing 200 criminal penalties for the delivery or possession of 201 marijuana products by a person younger than 21 years 202 of age under certain circumstances; creating s. 203 893.1352, F.S.; providing legislative intent; 204 providing for the retroactive applicability of s. 205 893.13, F.S.; requiring certain sentences for 206 specified offenses; requiring sentence review hearings 207 for individuals serving certain sentences for 208 specified crimes; providing resentencing procedures; 209 requiring the waiver of certain conviction-related 210 fines, fees, and costs under certain circumstances; 211 amending s. 893.147, F.S.; authorizing a person 21 212 years of age or older to possess, use, transport, or 213 deliver, without consideration, a marijuana delivery 214 device to a person 21 years of age or older; providing 215 criminal penalties for a person younger than 21 years 216 of age who possesses, uses, transports, or delivers, 217 without consideration, a marijuana delivery device to 218 a person 21 years of age or older; creating s. 219 943.0586, F.S.; defining terms; authorizing an 220 individual convicted of certain crimes to petition the 221 court for expunction of his or her criminal history 222 under certain circumstances; requiring the individual 223 to first obtain a certificate of eligibility from the 224 Department of Law Enforcement; requiring the 225 department to adopt rules establishing the procedures 226 for applying for and issuing such certificates; 227 requiring the department to issue a certificate under 228 certain circumstances; providing for the expiration of 229 the certificate; providing requirements for the 230 petition for expunction; providing penalties; 231 providing for the court’s authority over its own 232 procedures, with an exception; requiring the court to 233 order the expunction of a criminal history record 234 under certain circumstances; clarifying that 235 expunction of certain criminal history records does 236 not affect eligibility for expunction of other 237 criminal history records; providing procedures for 238 processing expunction petitions and orders; providing 239 that a person granted an expunction may lawfully deny 240 or fail to acknowledge the underlying arrest or 241 conviction, with exceptions; providing that a person 242 may not be deemed to have committed perjury or 243 otherwise held liable for giving a false statement if 244 he or she fails to recite or acknowledge an expunged 245 criminal history record; amending s. 893.15, F.S.; 246 conforming a provision to changes made by the act; 247 providing effective dates. 248 249 Be It Enacted by the Legislature of the State of Florida: 250 251 Section 1. Paragraph (l) of subsection (2) of section 252 212.08, Florida Statutes, is amended to read: 253 212.08 Sales, rental, use, consumption, distribution, and 254 storage tax; specified exemptions.—The sale at retail, the 255 rental, the use, the consumption, the distribution, and the 256 storage to be used or consumed in this state of the following 257 are hereby specifically exempt from the tax imposed by this 258 chapter. 259 (2) EXEMPTIONS; MEDICAL.— 260 (l) Marijuana and marijuana delivery devices, as defined in 261 s. 381.986, are exempt from the taxes imposed under this chapter 262 when they are purchased by a qualified patient or a caregiver, 263 as those terms are defined in s. 381.986. 264 Section 2. Paragraphs (d) through (h), (j), and (k) of 265 subsection (1), paragraph (b) of subsection (3), paragraph (f) 266 of subsection (4), paragraphs (a) and (f) of subsection (5), 267 paragraph (b) of subsection (6), subsections (8) through (12), 268 paragraphs (a), (b), (c), and (e) of subsection (14), and 269 subsection (17) of section 381.986, Florida Statutes, are 270 amended to read: 271 381.986 Medical use of marijuana.— 272 (1) DEFINITIONS.—As used in this section, the term: 273 (d) “Edibles” means commercially produced food items made 274 with marijuana oil, but no other form of marijuana, that are 275 produced and dispensed by a medical marijuana treatment center 276 (MMTC). 277 (e) “Low-THC cannabis” means a plant of the genus Cannabis, 278 the dried flowers of which contain 0.8 percent or less of 279 tetrahydrocannabinol and more than 10 percent of cannabidiol 280 weight for weight; the seeds thereof; the resin extracted from 281 any part of such plant; or any compound, manufacture, salt, 282 derivative, mixture, or preparation of such plant or its seeds 283 or resin that is dispensed from an MMTCa medical marijuana284treatment center. 285 (f) “Marijuana” means all parts of any plant of the genus 286 Cannabis, whether growing or not; the seeds thereof; the resin 287 extracted from any part of the plant; and every compound, 288 manufacture, salt, derivative, mixture, or preparation of the 289 plant or its seeds or resin, including low-THC cannabis, which 290 are dispensed from an MMTCa medical marijuana treatment center291 for medical use by a qualified patient. 292 (g) “Marijuana delivery device” means an object used, 293 intended for use, or designed for use in preparing, storing, 294 ingesting, inhaling, or otherwise introducing marijuana into the 295 human body,andwhich object is dispensed from an MMTCa medical296marijuana treatment centerfor medical use by a qualified 297 patient; however, such objectsexcept that delivery devicesthat 298 are intended solely for the medical use of marijuana by smoking 299 need not be dispensed from an MMTC anda medical marijuana300treatment centerin order toqualify as marijuana delivery 301 devices. 302 (h) “Marijuana testing laboratory” means a facility 303 certified by the department pursuant to s. 381.988 whichthat304 collects and analyzes marijuana samples from an MMTCa medical305marijuana treatment centerand has been certified by the306department pursuant to s. 381.988. 307 (j) “Medical use” means the acquisition, possession, use, 308 delivery, transfer, or administration of marijuana authorized by 309 a physician certification. The term does not include: 310 1. Possession, use, or administration of marijuana that was 311 not purchased or acquired from an MMTCa medical marijuana312treatment center. 313 2. Possession, use, or administration of marijuana in the 314 form of commercially produced food items other than edibles or 315 of marijuana seeds. 316 3. Use or administration of any form or amount of marijuana 317 in a manner that is inconsistent with the qualified physician’s 318 directions or physician certification. 319 4. Transfer of marijuana to a person other than the 320 qualified patient for whom it was authorized or the qualified 321 patient’s caregiver on behalf of the qualified patient. 322 5. Use or administration of marijuana in the following 323 locations: 324 a. On any form of public transportation, except for low-THC 325 cannabis not in a form for smoking. 326 b. In any public place, except for low-THC cannabis not in 327 a form for smoking. 328 c. In a qualified patient’s place of employment, except 329 when permitted by his or her employer. 330 d. In a state correctional institution, as defined in s. 331 944.02, or a correctional institution, as defined in s. 944.241. 332 e. On the grounds of a preschool, primary school, or 333 secondary school, except as provided in s. 1006.062. 334 f. In a school bus, a vehicle, an aircraft, or a motorboat, 335 except for low-THC cannabis not in a form for smoking. 336 6. The smoking of marijuana in an enclosed indoor workplace 337 as defined in s. 386.203(5). 338 (k) “Physician certification” means a qualified physician’s 339 authorization for a qualified patient to receive marijuana and a 340 marijuana delivery device from an MMTCa medical marijuana341treatment center. 342 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— 343 (b) A qualified physician may not be employed by, or have 344 any direct or indirect economic interest in, a medical marijuana 345 treatment center (MMTC) or marijuana testing laboratory. 346 (4) PHYSICIAN CERTIFICATION.— 347 (f) A qualified physician may not issue a physician 348 certification for more than three 70-day supply limits of 349 marijuana or more than six 35-day supply limits of marijuana in 350 a form for smoking. The department shall quantify by rule a 351 daily dose amount with equivalent dose amounts for each 352 allowable form of marijuana dispensed by a medical marijuana 353 treatment center (MMTC). The department shall use the daily dose 354 amount to calculate a 70-day supply. 355 1. A qualified physician may request an exception to the 356 daily dose amount limit, the 35-day supply limit of marijuana in 357 a form for smoking, and the 4-ounce possession limit of 358 marijuana in a form for smoking established in paragraph 359 (14)(a). The request shall be made electronically on a form 360 adopted by the department in rule and must include, at a 361 minimum: 362 a. The qualified patient’s qualifying medical condition. 363 b. The dosage and route of administration that was 364 insufficient to provide relief to the qualified patient. 365 c. A description of how the patient will benefit from an 366 increased amount. 367 d. The minimum daily dose amount of marijuana that would be 368 sufficient for the treatment of the qualified patient’s 369 qualifying medical condition. 370 2. A qualified physician must provide the qualified 371 patient’s records upon the request of the department. 372 3. The department shall approve or disapprove the request 373 within 14 days after receipt of the complete documentation 374 required by this paragraph. The request shall be deemed approved 375 if the department fails to act within this time period. 376 (5) MEDICAL MARIJUANA USE REGISTRY.— 377 (a) The department shall create and maintain a secure, 378 electronic, and online medical marijuana use registry for 379 physicians, patients, and caregivers as provided under this 380 section. The medical marijuana use registry must be accessible 381 to law enforcement agencies, qualified physicians, and medical 382 marijuana treatment centers (MMTCs) to verify the authorization 383 of a qualified patient or a caregiver to possess marijuana or a 384 marijuana delivery device and record the marijuana or marijuana 385 delivery device dispensed. The medical marijuana use registry 386 must also be accessible to practitioners licensed to prescribe 387 prescription drugs to ensure proper care for patients before 388 medications that may interact with the medical use of marijuana 389 are prescribed. The medical marijuana use registry must prevent 390 an active registration of a qualified patient by multiple 391 physicians. 392 (f) The department may revoke the registration of a 393 qualified patient or caregiver who cultivates marijuana or who 394 acquires, possesses, or delivers marijuana from any person or 395 entity other than an MMTCa medical marijuana treatment center. 396 (6) CAREGIVERS.— 397 (b) A caregiver must: 398 1. Not be a qualified physician and not be employed by or 399 have an economic interest in a medical marijuana treatment 400 center (MMTC) or a marijuana testing laboratory. 401 2. Be 21 years of age or older and a resident of this 402 state. 403 3. Agree in writing to assist with the qualified patient’s 404 medical use of marijuana. 405 4. Be registered in the medical marijuana use registry as a 406 caregiver for no more than one qualified patient, except as 407 provided in this paragraph. 408 5. Successfully complete a caregiver certification course 409 developed and administered by the department or its designee, 410 which must be renewed biennially. The price of the course may 411 not exceed $100. 412 6. Pass a level 2 background screening pursuant to chapter 413 435subsection (9), unless the patient is a close relative of 414 the caregiver. In addition to the disqualifying offenses 415 specified in s. 435.04(2) and (3), a person may not serve as a 416 caregiver if he or she has an arrest awaiting final disposition 417 for; has been found guilty of, regardless of adjudication; or 418 has entered a plea of nolo contendere or guilty to an offense 419 under chapter 837, chapter 895, or chapter 896 or a similar law 420 of another jurisdiction. 421 (8) MEDICAL MARIJUANA TREATMENT CENTERS.— 422(a)The department shall license medical marijuana423treatment centers to ensure reasonable statewide accessibility424and availability as necessary for qualified patients registered425in the medical marijuana use registry and who are issued a426physician certification under this section.4271. As soon as practicable, but no later than July 3, 2017,428the department shall license as a medical marijuana treatment429center any entity that holds an active, unrestricted license to430cultivate, process, transport, and dispense low-THC cannabis,431medical cannabis, and cannabis delivery devices, under former s.432381.986, Florida Statutes 2016, before July 1, 2017, and which433meets the requirements of this section. In addition to the434authority granted under this section, these entities are435authorized to dispense low-THC cannabis, medical cannabis, and436cannabis delivery devices ordered pursuant to former s. 381.986,437Florida Statutes 2016, which were entered into the compassionate438use registry before July 1, 2017, and are authorized to begin439dispensing marijuana under this section on July 3, 2017. The440department may grant variances from the representations made in441such an entity’s original application for approval under former442s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).4432. The department shall license as medical marijuana444treatment centers 10 applicants that meet the requirements of445this section, under the following parameters:446a. As soon as practicable, but no later than August 1,4472017, the department shall license any applicant whose448application was reviewed, evaluated, and scored by the449department and which was denied a dispensing organization450license by the department under former s. 381.986, Florida451Statutes 2014; which had one or more administrative or judicial452challenges pending as of January 1, 2017, or had a final ranking453within one point of the highest final ranking in its region454under former s. 381.986, Florida Statutes 2014; which meets the455requirements of this section; and which provides documentation456to the department that it has the existing infrastructure and457technical and technological ability to begin cultivating458marijuana within 30 days after registration as a medical459marijuana treatment center.460b. As soon as practicable, the department shall license one461applicant that is a recognized class member ofPigford v.462Glickman, 185 F.R.D. 82 (D.D.C. 1999), orIn Re Black Farmers463Litig., 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed464under this sub-subparagraph is exempt from the requirement of465subparagraph (b)2.466c. As soon as practicable, but no later than October 3,4672017, the department shall license applicants that meet the468requirements of this section in sufficient numbers to result in46910 total licenses issued under this subparagraph, while470accounting for the number of licenses issued under sub471subparagraphs a. and b.4723. For up to two of the licenses issued under subparagraph4732., the department shall give preference to applicants that474demonstrate in their applications that they own one or more475facilities that are, or were, used for the canning,476concentrating, or otherwise processing of citrus fruit or citrus477molasses and will use or convert the facility or facilities for478the processing of marijuana.4794. Within 6 months after the registration of 100,000 active480qualified patients in the medical marijuana use registry, the481department shall license four additional medical marijuana482treatment centers that meet the requirements of this section.483Thereafter, the department shall license four medical marijuana484treatment centers within 6 months after the registration of each485additional 100,000 active qualified patients in the medical486marijuana use registry that meet the requirements of this487section.4885. Dispensing facilities are subject to the following489requirements:490a. A medical marijuana treatment center may not establish491or operate more than a statewide maximum of 25 dispensing492facilities, unless the medical marijuana use registry reaches a493total of 100,000 active registered qualified patients. When the494medical marijuana use registry reaches 100,000 active registered495qualified patients, and then upon each further instance of the496total active registered qualified patients increasing by497100,000, the statewide maximum number of dispensing facilities498that each licensed medical marijuana treatment center may499establish and operate increases by five.500b. A medical marijuana treatment center may not establish501more than the maximum number of dispensing facilities allowed in502each of the Northwest, Northeast, Central, Southwest, and503Southeast Regions. The department shall determine a medical504marijuana treatment center’s maximum number of dispensing505facilities allowed in each region by calculating the percentage506of the total statewide population contained within that region507and multiplying that percentage by the medical marijuana508treatment center’s statewide maximum number of dispensing509facilities established under sub-subparagraph a., rounded to the510nearest whole number. The department shall ensure that such511rounding does not cause a medical marijuana treatment center’s512total number of statewide dispensing facilities to exceed its513statewide maximum. The department shall initially calculate the514maximum number of dispensing facilities allowed in each region515for each medical marijuana treatment center using county516population estimates from the Florida Estimates of Population5172016, as published by the Office of Economic and Demographic518Research, and shall perform recalculations following the519official release of county population data resulting from each520United States Decennial Census. For the purposes of this521subparagraph:522(I) The Northwest Region consists of Bay, Calhoun,523Escambia, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson,524Leon, Liberty, Madison, Okaloosa, Santa Rosa, Taylor, Wakulla,525Walton, and Washington Counties.526(II) The Northeast Region consists of Alachua, Baker,527Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist,528Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns,529Suwannee, and Union Counties.530(III) The Central Region consists of Brevard, Citrus,531Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco,532Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia533Counties.534(IV) The Southwest Region consists of Charlotte, Collier,535DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee,536Okeechobee, and Sarasota Counties.537(V) The Southeast Region consists of Broward, Miami-Dade,538Martin, Monroe, and Palm Beach Counties.539c. If a medical marijuana treatment center establishes a540number of dispensing facilities within a region that is less541than the number allowed for that region under sub-subparagraph542b., the medical marijuana treatment center may sell one or more543of its unused dispensing facility slots to other licensed544medical marijuana treatment centers. For each dispensing545facility slot that a medical marijuana treatment center sells,546that medical marijuana treatment center’s statewide maximum547number of dispensing facilities, as determined under sub548subparagraph a., is reduced by one. The statewide maximum number549of dispensing facilities for a medical marijuana treatment550center that purchases an unused dispensing facility slot is551increased by one per slot purchased. Additionally, the sale of a552dispensing facility slot shall reduce the seller’s regional553maximum and increase the purchaser’s regional maximum number of554dispensing facilities, as determined in sub-subparagraph b., by555one for that region. For any slot purchased under this sub556subparagraph, the regional restriction applied to that slot’s557location under sub-subparagraph b. before the purchase shall558remain in effect following the purchase. A medical marijuana559treatment center that sells or purchases a dispensing facility560slot must notify the department within 3 days of sale.561d. This subparagraph shall expire on April 1, 2020.562 563If this subparagraph or its application to any person or564circumstance is held invalid, the invalidity does not affect565other provisions or applications of this act which can be given566effect without the invalid provision or application, and to this567end, the provisions of this subparagraph are severable.568(b) An applicant for licensure as a medical marijuana569treatment center shall apply to the department on a form570prescribed by the department and adopted in rule. The department571shall adopt rules pursuant to ss. 120.536(1) and 120.54572establishing a procedure for the issuance and biennial renewal573of licenses, including initial application and biennial renewal574fees sufficient to cover the costs of implementing and575administering this section, and establishing supplemental576licensure fees for payment beginning May 1, 2018, sufficient to577cover the costs of administering ss. 381.989 and 1004.4351. The578department shall identify applicants with strong diversity plans579reflecting this state’s commitment to diversity and implement580training programs and other educational programs to enable581minority persons and minority business enterprises, as defined582in s. 288.703, and veteran business enterprises, as defined in583s. 295.187, to compete for medical marijuana treatment center584licensure and contracts. Subject to the requirements in585subparagraphs (a)2.-4., the department shall issue a license to586an applicant if the applicant meets the requirements of this587section and pays the initial application fee. The department588shall renew the licensure of a medical marijuana treatment589center biennially if the licensee meets the requirements of this590section and pays the biennial renewal fee. An individual may not591be an applicant, owner, officer, board member, or manager on592more than one application for licensure as a medical marijuana593treatment center. An individual or entity may not be awarded594more than one license as a medical marijuana treatment center.595An applicant for licensure as a medical marijuana treatment596center must demonstrate:5971. That, for the 5 consecutive years before submitting the598application, the applicant has been registered to do business in599the state.6002. Possession of a valid certificate of registration issued601by the Department of Agriculture and Consumer Services pursuant602to s. 581.131.6033. The technical and technological ability to cultivate and604produce marijuana, including, but not limited to, low-THC605cannabis.6064. The ability to secure the premises, resources, and607personnel necessary to operate as a medical marijuana treatment608center.6095. The ability to maintain accountability of all raw610materials, finished products, and any byproducts to prevent611diversion or unlawful access to or possession of these612substances.6136. An infrastructure reasonably located to dispense614marijuana to registered qualified patients statewide or615regionally as determined by the department.6167. The financial ability to maintain operations for the617duration of the 2-year approval cycle, including the provision618of certified financial statements to the department.619a. Upon approval, the applicant must post a $5 million620performance bond issued by an authorized surety insurance621company rated in one of the three highest rating categories by a622nationally recognized rating service. However, a medical623marijuana treatment center serving at least 1,000 qualified624patients is only required to maintain a $2 million performance625bond.626b. In lieu of the performance bond required under sub627subparagraph a., the applicant may provide an irrevocable letter628of credit payable to the department or provide cash to the629department. If provided with cash under this sub-subparagraph,630the department shall deposit the cash in the Grants and631Donations Trust Fund within the Department of Health, subject to632the same conditions as the bond regarding requirements for the633applicant to forfeit ownership of the funds. If the funds634deposited under this sub-subparagraph generate interest, the635amount of that interest shall be used by the department for the636administration of this section.6378. That all owners, officers, board members, and managers638have passed a background screening pursuant to subsection (9).6399. The employment of a medical director to supervise the640activities of the medical marijuana treatment center.64110. A diversity plan that promotes and ensures the642involvement of minority persons and minority business643enterprises, as defined in s. 288.703, or veteran business644enterprises, as defined in s. 295.187, in ownership, management,645and employment. An applicant for licensure renewal must show the646effectiveness of the diversity plan by including the following647with his or her application for renewal:648a. Representation of minority persons and veterans in the649medical marijuana treatment center’s workforce;650b. Efforts to recruit minority persons and veterans for651employment; and652c. A record of contracts for services with minority653business enterprises and veteran business enterprises.654(c) A medical marijuana treatment center may not make a655wholesale purchase of marijuana from, or a distribution of656marijuana to, another medical marijuana treatment center, unless657the medical marijuana treatment center seeking to make a658wholesale purchase of marijuana submits proof of harvest failure659to the department.660 (a)(d)Department responsibilities.—The department shall do 661 all of the following: 662 1. Adopt by rule all of the following: 663 a. Operating standards for the cultivation, processing, 664 packaging, and labeling of marijuana. 665 b. Standards for the sale of marijuana. 666 c. Procedures and requirements for all of the following: 667 (I) The registration and registration renewal of medical 668 marijuana treatment centers (MMTCs). 669 (II) The issuance and renewal of cultivation, processing, 670 retail, and transportation operating licenses. 671 (III) The issuance and renewal of cultivation, processing, 672 dispensing, and storage facility permits and of vehicle permits. 673 (IV) The registration of all principals, employees, and 674 contractors of an MMTC who will participate in the operations of 675 the MMTC. 676 (V) The issuance of MMTC employee identification cards to 677 registered principals, employees, and contractors of MMTCs. 678 2. Establish, maintain, and control a computer software 679 tracking system that traces marijuana from seed to sale and 680 allows real-time, 24-hour access by the department to data from 681 all MMTCsmedical marijuana treatment centersand marijuana 682 testing laboratories. The tracking system must allow for 683 integration of other seed-to-sale systems and, at a minimum, 684 include notification of when marijuana seeds are planted, when 685 marijuana plants are harvested and destroyed, and when marijuana 686 is transported, sold, stolen, diverted, or lost. Each MMTC must 687medical marijuana treatment center shalluse the seed-to-sale 688 tracking system established by the department or integrate its 689 own seed-to-sale tracking system with the seed-to-sale tracking 690 system established by the department. Each MMTCmedical691marijuana treatment centermay use its own seed-to-sale system 692 until the department establishes a seed-to-sale tracking system. 693 The department may contract with a vendor to establish the seed 694 to-sale tracking system. The vendor selected by the department 695 may not have a contractual relationship with the department to 696 perform any services pursuant to this section other than the 697 seed-to-sale tracking system. The vendor may not have a direct 698 or indirect financial interest in an MMTCamedical marijuana699treatment centeror a marijuana testing laboratory. 700 (b) Registration.— 701 1. The department shall adopt by rule an MMTC registration 702 form that must require at least all of the following: 703 a. The applicant’s full legal name. 704 b. The physical address of each location where the 705 applicant will apply for a facility permit to cultivate, 706 process, dispense, or store marijuana. 707 c. The name, address, and date of birth of the applicant’s 708 principals. 709 d. The name, address, and date of birth of the applicant’s 710 current employees and contractors who will participate in the 711 operations of the MMTC. 712 e. The operation or operations in which the applicant 713 intends to engage, which may include one or more of the 714 following: 715 (I) Cultivation. 716 (II) Processing. 717 (III) Retail sales. 718 (IV) Transportation. 719 2. To be registered as an MMTC, an applicant must submit 720 all of the following to the department: 721 a. The applicant’s completed registration form. 722 b. Personnel registration application forms, as described 723 in subsection (9), for all principals, employees, and 724 contractors listed on the applicant’s registration form who will 725 participate in the operations of the MMTC. The department may 726 not register the applicant as an MMTC until all principals, 727 employees, and contractors listed on the applicant’s 728 registration form have registered with the department and are 729 issued MMTC employee identification cards. 730 c. Proof that all principals listed on the applicant’s 731 registration form who will not participate in the operations of 732 the MMTC have passed a level 2 background screening pursuant to 733 chapter 435 within the previous year. 734 d. Proof that the MMTC has the capability to comply with 735 seed-to-sale tracking system requirements. 736 e. Proof of the applicant’s financial ability to maintain 737 operations for the duration of the registration. 738 f. A $500,000 performance and compliance bond, or a $1 739 million performance and compliance bond if the MMTC intends to 740 cultivate or process marijuana, which will be forfeited if the 741 MMTC fails to comply with: 742 (I) Registration requirements in this subsection during the 743 registration period; or 744 (II) Material requirements of this section which are 745 applicable to the functions the applicant intends to perform, as 746 indicated on the registration form. 747 3. A registration expires 2 years after the date it is 748 issued. 749 4. In addition to obtaining registration pursuant to this 750 paragraph, an MMTC must obtain an operating license for each 751 operation it will perform as provided in paragraph (c), 752 paragraph (d), or paragraph (f), as applicable. 753 (c) Cultivation licenses and processing licenses.— 754 1. A registered MMTC may apply for a cultivation license or 755 a processing license. When applying, the MMTC shall provide the 756 department with at least all of the following: 757 a. A completed cultivation license or processing license 758 application form. 759 b. The physical address of each location where marijuana 760 will be cultivated, processed, or stored. 761 c. As applicable to the requested license or licenses: 762 (I) Proof of an established infrastructure, or the ability 763 to establish an infrastructure in a reasonable amount of time, 764 which is designed for cultivation, processing, testing, 765 packaging, and labeling marijuana; maintaining the 766 infrastructure’s security; and preventing the theft or diversion 767 of any marijuana. 768 (II) Proof that the applicant possesses the technical and 769 technological ability to cultivate and test or process and test 770 marijuana. 771 d. Proof of operating procedures designed to secure and 772 maintain accountability for all marijuana and marijuana-related 773 byproducts that come into the applicant’s possession, and to 774 comply with the required seed-to-sale tracking system. 775 2. Cultivation licenses and processing licenses expire 2 776 years after the date they are issued. To renew a license, the 777 licensee must meet all of the requirements for initial 778 licensure; must provide all of the documentation required under 779 subparagraph 1.; and must not have any uncorrected substantial 780 violations of the standards adopted by department rule for the 781 cultivation, processing, testing, packaging, and labeling of 782 marijuana. 783 3. Before beginning cultivation or processing at any 784 location, the licensee must obtain a facility permit from the 785 department for that location pursuant to paragraph (g). 786 4. Licensees under this subsection may use contractors to 787 assist with the cultivation or processing of marijuana, as 788 applicable, but the licensee is ultimately responsible for all 789 of the operations performed by each contractor relating to the 790 cultivation or processing of marijuana and is responsible for 791 maintaining physical possession of the marijuana at all times. 792 All work done by a contractor must be performed at a location 793 that has a facility permit issued by the department. A licensee 794 using a contractor must register any principal or employee of a 795 contractor who will be participating in the operations of the 796 licensee as provided in subsection (9). Such principal or 797 employee may not begin participating in the operations of the 798 licensee until he or she has received an MMTC employee 799 identification card from the department. 800 5. All marijuana byproducts that cannot be processed or 801 reprocessed must be destroyed by the cultivation licensee or the 802 processing licensee or their respective contractors within 30 803 days after the production of the byproducts. 804 6. Licensees under this subsection may wholesale marijuana 805 only to other registered MMTCs. Before wholesaling marijuana, 806 the wholesaling MMTC shall provide the purchasing MMTC with 807 documentation showing that the marijuana meets the testing, 808 packaging, and labeling requirements of this section. The 809 purchasing MMTC shall review such documentation to determine 810 that the marijuana is in compliance with this section before 811 taking possession of the marijuana. 812 7. Transportation or delivery of marijuana outside of the 813 property owned by a licensee under this subsection may be 814 performed only by an MMTC that holds a transportation license 815 issued pursuant to paragraph (f). 816(e) A licensed medical marijuana treatment center shall817cultivate, process, transport, and dispense marijuana for818medical use. A licensed medical marijuana treatment center may819not contract for services directly related to the cultivation,820processing, and dispensing of marijuana or marijuana delivery821devices, except that a medical marijuana treatment center822licensed pursuant to subparagraph (a)1. may contract with a823single entity for the cultivation, processing, transporting, and824dispensing of marijuana and marijuana delivery devices. A825licensed medical marijuana treatment center must, at all times,826maintain compliance with the criteria demonstrated and827representations made in the initial application and the criteria828established in this subsection. Upon request, the department may829grant a medical marijuana treatment center a variance from the830representations made in the initial application. Consideration831of such a request shall be based upon the individual facts and832circumstances surrounding the request. A variance may not be833granted unless the requesting medical marijuana treatment center834can demonstrate to the department that it has a proposed835alternative to the specific representation made in its836application which fulfills the same or a similar purpose as the837specific representation in a way that the department can838reasonably determine will not be a lower standard than the839specific representation in the application. A variance may not840be granted from the requirements in subparagraph 2. and841subparagraphs (b)1. and 2.8421. A licensed medical marijuana treatment center may843transfer ownership to an individual or entity who meets the844requirements of this section. A publicly traded corporation or845publicly traded company that meets the requirements of this846section is not precluded from ownership of a medical marijuana847treatment center. To accommodate a change in ownership:848a. The licensed medical marijuana treatment center shall849notify the department in writing at least 60 days before the850anticipated date of the change of ownership.851b. The individual or entity applying for initial licensure852due to a change of ownership must submit an application that853must be received by the department at least 60 days before the854date of change of ownership.855c. Upon receipt of an application for a license, the856department shall examine the application and, within 30 days857after receipt, notify the applicant in writing of any apparent858errors or omissions and request any additional information859required.860d. Requested information omitted from an application for861licensure must be filed with the department within 21 days after862the department’s request for omitted information or the863application shall be deemed incomplete and shall be withdrawn864from further consideration and the fees shall be forfeited.865 866Within 30 days after the receipt of a complete application, the867department shall approve or deny the application.8682. A medical marijuana treatment center, and any individual869or entity who directly or indirectly owns, controls, or holds870with power to vote 5 percent or more of the voting shares of a871medical marijuana treatment center, may not acquire direct or872indirect ownership or control of any voting shares or other form873of ownership of any other medical marijuana treatment center.8743. A medical marijuana treatment center may not enter into875any form of profit-sharing arrangement with the property owner876or lessor of any of its facilities where cultivation,877processing, storing, or dispensing of marijuana and marijuana878delivery devices occurs.8794. All employees of a medical marijuana treatment center880must be 21 years of age or older and have passed a background881screening pursuant to subsection (9).8825. Each medical marijuana treatment center must adopt and883enforce policies and procedures to ensure employees and884volunteers receive training on the legal requirements to885dispense marijuana to qualified patients.886 8.6.When growing marijuana, a licensed cultivation MMTC 887medical marijuana treatment center: 888 a. May use pesticides determined by the department, after 889 consultation with the Department of Agriculture and Consumer 890 Services, to be safely applied to plants intended for human 891 consumption, but may not use pesticides designated as 892 restricted-use pesticides pursuant to s. 487.042. 893 b. ShallMustgrow marijuana within an enclosed permitted 894 cultivation facilitystructureand in a room separate from any 895 other plant. 896 c. ShallMustinspect seeds and growing plants for plant 897 pests that endanger or threaten the horticultural and 898 agricultural interests of the state in accordance with chapter 899 581 and any rules adopted thereunder. 900 d. ShallMustperform fumigation or treatment of plants, or 901 remove and destroy infested or infected plants, in accordance 902 with chapter 581 and any rules adopted thereunder. 9037.Each medical marijuana treatment center must produce and904make available for purchase at least one low-THC cannabis905product.906 9.8.An MMTCA medical marijuana treatment centerthat 907 produces edibles must hold a permit to operate as a food 908 establishment pursuant to chapter 500, the Florida Food Safety 909 Act, and must comply with all the requirements for food 910 establishments pursuant to chapter 500 and any rules adopted 911 thereunder.Edibles may not contain more than 200 milligrams of912tetrahydrocannabinol, and a single serving portion of an edible913may not exceed 10 milligrams of tetrahydrocannabinol.Edibles 914 may have a tetrahydrocannabinol potency variance of no greater 915 than 15 percent. Edibles may not be attractive to children; be 916 manufactured in the shape of humans, cartoons, or animals; be 917 manufactured in a form that bears any reasonable resemblance to 918 products available for consumption as commercially available 919 candy; or contain any color additives. To discourage consumption 920 of edibles by children, the department shall determine by rule 921 any shapes, forms, and ingredients allowed and prohibited for 922 edibles. MMTCsMedical marijuana treatment centersmay not begin 923 processing or dispensing edibles until after the effective date 924 of the rule. The department shall also adopt sanitation rules 925 providing the standards and requirements for the storage, 926 display, or dispensing of edibles. 9279. Within 12 months after licensure, a medical marijuana928treatment center must demonstrate to the department that all of929its processing facilities have passed a Food Safety Good930Manufacturing Practices, such as Global Food Safety Initiative931or equivalent, inspection by a nationally accredited certifying932body. A medical marijuana treatment center must immediately stop933processing at any facility which fails to pass this inspection934until it demonstrates to the department that such facility has935met this requirement.93610.A medical marijuana treatment center that produces937prerolled marijuana cigarettes may not use wrapping paper made938with tobacco or hemp.939 10.11.When processing marijuana, a licensed processing 940 MMTC shallmedical marijuana treatment centermust: 941 a. Process the marijuana within an enclosed permitted 942 processing facilitystructureand in a room separate from other 943 plants or products. 944 b. Comply with department rules when processing marijuana 945 with hydrocarbon solvents or other solvents or gases exhibiting 946 potential toxicity to humans. The department shall determine by 947 rule the requirements for themedical marijuana treatment948centerstouse of such solvents or gases by MMTCsexhibiting949potential toxicity to humans. 950 c. Comply with federal and state laws and regulations and 951 department rules for solid and liquid wastes. The department 952 shall determine by rule procedures for the storage, handling, 953 transportation, management, and disposal of solid and liquid 954 waste generated during marijuana production and processing. The 955 Department of Environmental Protection shall assist the 956 department in developing such rules. 957 d. Test the processed marijuana using a medical marijuana 958 testing laboratory before it is sold or dispensed. Results must 959 be verified and signed by two MMTCmedical marijuana treatment960centeremployees. Before selling, wholesaling, or dispensing, 961 the MMTC shallmedical marijuana treatment centermustdetermine 962 that the test results indicate that low-THC cannabis meets the 963 definition of low-THC cannabis, the concentration of 964 tetrahydrocannabinol meets the potency requirements of this 965 section, the labeling of the concentration of 966 tetrahydrocannabinol and cannabidiol is accurate, and all 967 marijuana is safe for human consumption and free from 968 contaminants that are unsafe for human consumption. The 969 department shall determine by rule which contaminants must be 970 tested for and the maximum levels of each contaminant which are 971 safe for human consumption. The Department of Agriculture and 972 Consumer Services shall assist the department in developing the 973 testing requirements for contaminants that are unsafe for human 974 consumption in edibles. The department shall also determine by 975 rule the procedures for the treatment of marijuana that fails to 976 meet the testing requirements of this section, s. 381.988, or 977 department rule. The department may select a random sample from 978 edibles available for purchase in a dispensing facility, which 979 mustshallbe tested by the department to determine that the 980 edible meets the potency requirements of this section and,is 981 safe for human consumption,and that the labeling of the 982 tetrahydrocannabinol and cannabidiol concentration is accurate. 983 An MMTCA medical marijuana treatment centermay not require 984 payment from the department for the sample. An MMTC shallA985medical marijuana treatment centermustrecall edibles, 986 including all edibles made from the same batch of marijuana, 987 which fail to meet the potency requirements of this section, 988 which are unsafe for human consumption, or for which the 989 labeling of the tetrahydrocannabinol and cannabidiol 990 concentration is inaccurate. An MMTC shallThemedical marijuana991treatment centermustretain records of all testing and samples 992 of each homogenous batch of marijuana for at least 9 months. An 993 MMTC shallThemedical marijuana treatment centermustcontract 994 with a marijuana testing laboratory to perform audits on the 995 MMTC’smedical marijuana treatment center’sstandard operating 996 procedures, testing records, and samples and provide the results 997 to the department to confirm that the marijuana or low-THC 998 cannabis meets the requirements of this section and that the 999 marijuana or low-THC cannabis is safe for human consumption. An 1000 MMTCA medical marijuana treatment centershall reserve two 1001 processed samples from each batch and retain such samples for at 1002 least 9 months for the purpose of such audits. An MMTCA medical1003marijuana treatment centermay use a laboratory that has not 1004 been certified by the department under s. 381.988 until such 1005 time as at least one laboratory holds the required 1006 certification, but in no event later than July 1, 2018. 1007 e. Package the marijuana in compliance with the United 1008 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 1009 1471 et seq. 1010 f. Package the marijuana in a receptacle that has a firmly 1011 affixed and legible label stating the following information: 1012 (I) That the marijuana or low-THC cannabis meets the 1013 requirements of sub-subparagraph d. 1014 (II) The name of the MMTCmedical marijuana treatment1015centerfrom which the marijuana originates. 1016 (III) The batch number and harvest number from which the 1017 marijuana originates and the date that the marijuana is sold or 1018 dispensed. 1019 (IV)The name of the physician who issued the physician1020certification.1021(V) The name of the patient.1022(VI)The product name, if applicable, and dosage form, 1023 including concentration of tetrahydrocannabinol and cannabidiol. 1024 The product name may not contain wording commonly associated 1025 with products marketed by or to children. 1026 (V)(VII)The recommended dose. 1027 (VI)(VIII)A warning that it is illegal to transfermedical1028 marijuana to aanotherperson younger than 21 years of age. 1029 (VII)(IX)A marijuana universal symbol developed by the 1030 department. 1031 11.12.The MMTC that packages the marijuanamedical1032marijuana treatment centershall include in each package ana1033patient packageinsert with information on the specific product 1034 dispensed related to: 1035 a. Clinical pharmacology. 1036 b. Indications and use. 1037 c. Dosage and administration. 1038 d. Dosage forms and strengths. 1039 e. Contraindications. 1040 f. Warnings and precautions. 1041 g. Adverse reactions. 1042 12.13.In addition to the packaging and labeling 1043 requirements specified in subparagraphs 10. and 11.and 12., 1044 marijuana in a form for smoking must be packaged in a sealed 1045 receptacle with a legible and prominent warning to keep the 1046 receptacle away from children and a warning that states that 1047 marijuana smoke contains carcinogens and may negatively affect 1048 health. Such receptacles for marijuana in a form for smoking 1049 must be plain, opaque, and white without depictions of the 1050 product or images other than the MMTC’smedical marijuana1051treatment center’sdepartment-approved logo and the marijuana 1052 universal symbol. 1053 13.14.The department shall adopt rules to regulate the 1054 types, appearance, and labeling of marijuana delivery devices 1055 dispensed from an MMTCa medical marijuana treatment center. The 1056 rules must require marijuana delivery devices to have an 1057 appearance consistent with medical use. 1058 14.15.Each edible mustshallbe individually sealed in 1059 plain, opaque wrapping marked only with the marijuana universal 1060 symbol.Where practical,Each edible mustshallbe marked with 1061 the marijuana universal symbol. In addition to the packaging and 1062 labeling requirements in subparagraphs 10. and 11.and 12., 1063 edible receptacles must be plain, opaque, and white without 1064 depictions of the product or images other than the MMTC’s 1065medical marijuana treatment center’sdepartment-approved logo 1066 and the marijuana universal symbol. The receptacle must also 1067 include a list of all the edible’s ingredients, storage 1068 instructions, information on the estimated amount of time for 1069 the edible to take effect, an expiration date, a legible and 1070 prominent warning to keep the receptacle away from children and 1071 pets, and a warning that the edible has not been produced or 1072 inspected pursuant to federal food safety laws. 1073 (d) Retail licenses.— 1074 1. A registered MMTC may apply for a retail license. When 1075 applying, the MMTC must provide the department with at least all 1076 of the following: 1077 a. A completed retail license application form. 1078 b. A statement by the applicant which indicates whether the 1079 applicant intends to dispense by delivery. A retail licensee may 1080 not deliver marijuana without also obtaining a transportation 1081 license pursuant to paragraph (f). 1082 c. The physical address of each location where the 1083 applicant will dispense or store marijuana. 1084 d. Identifying information for all other current or 1085 previous retail licenses held by the applicant or any of the 1086 applicant’s principals. 1087 e. Proof of operating procedures designed to secure and 1088 maintain accountability for all marijuana that the applicant 1089 receives and possesses, to ensure that only the allowed amount 1090 of marijuana is sold or dispensed, to ensure that the specified 1091 type of marijuana is correctly dispensed to a qualified patient 1092 or his or her caregiver pursuant to a physician certification, 1093 and to monitor the medical marijuana patient registry and 1094 electronically update the registry with dispensing information. 1095 2. A retail license expires 2 years after the date it is 1096 issued. The retail licensee must apply for license renewal 1097 before the expiration date. To renew a license, a retail 1098 licensee must meet all of the requirements for initial 1099 licensure; must provide all of the documents required under 1100 paragraph (b); and must not have any outstanding substantial 1101 violations of the applicable standards adopted by department 1102 rule. 1103 3. Before beginning to sell, dispense, or store marijuana, 1104 the licensee shall obtain a facility permit from the department 1105 for each location where marijuana will be sold, dispensed, or 1106 stored. If a facility’s permit expires or is suspended or 1107 revoked, the MMTC must cease all applicable operations at that 1108 facility until the department inspects the facility and renews 1109 or reinstates the facility’s permit. 1110 4. A dispensing facility may not repackage or modify 1111 marijuana that has already been packaged for sale by a 1112 cultivation licensee or processing licensee, unless the 1113 repackaging is of unprocessed marijuana; is done in accordance 1114 with instructions from the cultivator; and is documented in the 1115 required seed-to-sale tracking system. 1116 5. A retail licensee may contract with an MMTC that has a 1117 transportation license to transport marijuana between properties 1118 owned by the retail licensee, to deliver the marijuana for sale 1119 or dispensing, and to pick up returns of marijuana. 1120 6. Onsite consumption or administration of marijuana at a 1121 dispensing facility is prohibited. 1122 7.16.When dispensing marijuana or a marijuana delivery 1123 device, a licensed retail MMTCmedical marijuana treatment1124center: 1125 a. May dispense any active, valid order for low-THC 1126 cannabis, medical cannabis and cannabis delivery devices issued 1127 pursuant to former s. 381.986, Florida Statutes 2016, which was 1128 entered into the medical marijuana use registry before July 1, 1129 2017. 1130 b. May not dispense more than onea70-day supply of 1131 marijuana within any 70-day period to a qualified patient or 1132 caregiver and.may not dispense more than one 35-day supply of 1133 marijuana in a form for smoking within any 35-day period to a 1134 qualified patient or caregiver. A 35-day supply of marijuana in 1135 a form for smoking may not exceed 2.5 ounces unless an exception 1136 to this amount is approved by the department pursuant to 1137 paragraph (4)(f). 1138 c. Shall requireMust havethe MMTC’smedical marijuana1139treatment center’semployee who dispenses the marijuana or a 1140 marijuana delivery device to enter into the medical marijuana 1141 use registry his or her name or unique employee identifier. 1142 d. When dispensing to a qualified patient or caregiver, 1143 shallmustverify that the qualified patient and, if applicable, 1144 the caregiver, if applicable,each have an active registration 1145 in the medical marijuana use registry and an active and valid 1146 medical marijuana use registry identification card; that,the 1147 amount and type of marijuana dispensed matches the physician 1148 certification in the medical marijuana use registry for that 1149 qualified patient;,and that the physician certification has not 1150 already been filled. 1151 e. When dispensing to a qualified patient or caregiver, 1152 shall label the marijuana or the marijuana delivery device with 1153 the name of the physician who issued the physician certification 1154 and the name of the patient for whom the certification was 1155 issued before it is dispensed. 1156 f.e.May not dispense marijuana to a qualified patient who 1157 is younger than 18 years of age. If the qualified patient is 1158 younger than 18 years of age, marijuana mayonlybe dispensed 1159 only to the qualified patient’s caregiver. 1160 g. May sell marijuana to an adult 21 years of age or older 1161 pursuant to s. 381.990, provided that the MMTC is registered 1162 with the Department of Business and Professional Regulation 1163 pursuant to that section. When selling marijuana pursuant to 1164 that section, the employee selling the marijuana must determine 1165 that the appearance of the buyer is such that a prudent person 1166 would believe the buyer to be 21 years of age or older or must 1167 carefully check the buyer’s driver license, identification card 1168 issued by this state or another state of the United States, 1169 passport, or United States Armed Services identification card to 1170 determine the buyer’s age. Other than for the purpose of 1171 determining a buyer’s age, an MMTC may not request or store any 1172 personal information provided by the buyer. 1173 h.f.May not dispense or sell anyother type of cannabis,1174 alcohol,or illicit drug-related product, including pipes or1175wrapping papersmade with tobacco or hemp,other than a1176marijuana delivery device required for the medical use of1177marijuana and which is specified in a physician certification. 1178 i.g.Must,Upon dispensing the marijuana or marijuana 1179 delivery device to a qualified patient or caregiver, shall 1180 record in the registry the date, time, quantity, and form of 1181 marijuana dispensed; the type of marijuana delivery device 1182 dispensed; and the name and medical marijuana use registry 1183 identification number of the qualified patient or caregiver to 1184 whom the marijuana delivery device was dispensed. 1185 j.h.ShallMustensure that patient records are not visible 1186 to anyone other than the qualified patient, his or her 1187 caregiver, and authorized MMTCmedical marijuana treatment1188centeremployees. 1189 (e)(f)Security.—To ensure the safety and security of 1190 premises where the cultivation, processing, storing, or 1191 dispensing of marijuana occurs, and to maintain adequate 1192 controls against the diversion, theft, and loss of marijuana or 1193 marijuana delivery devices, an MMTCa medical marijuana1194treatment centershall do all of the following: 1195 1.a. Maintain a fully operational security alarm system 1196 that secures all entry points and perimeter windows and is 1197 equipped with motion detectors; pressure switches; and duress, 1198 panic, and hold-up alarms.; and1199 b. Maintain a video surveillance system that records 1200 continuously, 24 hours a day, and meets all of the following 1201 criteria: 1202 (I) Cameras are fixed in a place that allows for the clear 1203 identification of persons and activities in controlled areas of 1204 the premises. Controlled areas include grow rooms, processing 1205 rooms, storage rooms, disposal rooms or areas, and point-of-sale 1206 rooms. 1207 (II) Cameras are fixed in entrances and exits to the 1208 premises in a place that allows recording, which shall record1209 from both indoor and outdoor, or ingress and egress, vantage 1210 points. 1211 (III) Produces recorded images thatmustclearly and 1212 accurately display the time and date of recording. 1213 c.(IV)Retain video surveillance recordings for at least 45 1214 days or longer upon the request of a law enforcement agency. 1215 2. Ensure that the MMTC’smedical marijuana treatment1216center’soutdoor premises have sufficient lighting from dusk 1217 until dawn. 1218 3. Ensure that the indoor premises where dispensing occurs 1219 includeincludesa waiting area with sufficient space and 1220 seating to accommodate qualified patients and caregivers and at 1221 least one private consultation area that is isolated from the 1222 waiting area and the area where dispensing occurs. An MMTCA1223medical marijuana treatment centermay not display products or 1224 dispense marijuana or marijuana delivery devices in the waiting 1225 area. 1226 4. Cease dispensingNot dispense from its premises1227 marijuana oramarijuana delivery devices from its premises 1228devicebetween the hours of 11 p.m.9 p.m.and 7 a.m., but may 1229 perform all other operations and deliver marijuana to qualified 1230 patients 24 hours a day. 1231 5. Store marijuana in a secured, locked room or a vault. 1232 6. Require at least two of its employees, or two employees 1233 of a security agency with whom it contracts, to be on the 1234 premisesat all timeswhere cultivation, processing, or storing 1235 of marijuana occurs, at all times. 1236 7. Require each employee or contractor to wear a photo 1237 identification badge at all times while on the premises. 1238 8. Require each visitor to wear a visitor pass at all times 1239 while on the premises. 1240 9. Implement an alcohol and drug-free workplace policy. 1241 10. Report to a local law enforcement agency within 24 1242 hours after the MMTCmedical marijuana treatment centeris 1243 notified or becomes aware of the theft, diversion, or loss of 1244 marijuana. 1245 (f) Transportation licenses; vehicle permits.— 1246 1. A registered MMTC may apply for a transportation 1247 license. When applying, the MMTC shall provide the department 1248 with at least all of the following: 1249 a. The physical address of the MMTC’s place of business. 1250 b. Proof that the MMTC has a documentation system in 1251 accordance with the required seed-to-sale tracking system, 1252 including transportation manifests, for transporting marijuana 1253 between licensed facilities and to qualified patients. 1254 Transportation manifests may be electronically stored and 1255 presented. 1256 c. Proof of the MMTC’s compliance with health and 1257 sanitation standards for the transportation of marijuana. 1258 d. Proof that all marijuana transported between licensed 1259 facilities will be transported in tamper-evident shipping 1260 containers. 1261 2. An MMTC with a transportation license may not transport 1262 marijuana on the property of an airport, a seaport, a spaceport, 1263 or any property of the Federal Government. 1264 3. An MMTC with a transportation license may transport 1265 marijuana and marijuana delivery devices only in a vehicle that 1266 is owned or leased by the MMTC or the MMTC’s contractor and for 1267 which a valid vehicle permit has been issued by the department. 1268 4. An MMTC with a transportation license may obtain a 1269 vehicle permit upon submission of an application. The MMTC must 1270 designate as the driver for each permitted vehicle an employee 1271 or contracted employee who is registered with the department and 1272 who is authorized to possess marijuana when not on the property 1273 of the MMTC. Such designation must be displayed in the vehicle 1274 at all times. Each permitted vehicle must be GPS monitored. A 1275 vehicle permit remains valid and does not expire unless the MMTC 1276 or its contractor disposes of the permitted vehicle or the 1277 MMTC’s registration or transportation license is transferred, 1278 canceled, not renewed, or revoked by the department. The 1279 department shall cancel a vehicle permit upon the request of the 1280 MMTC or its contractor. 1281 5. When transporting marijuana, a permitted vehicle is 1282 subject to inspection and search without a search warrant by 1283 authorized employees of the department, sheriffs, deputy 1284 sheriffs, police officers, or other law enforcement officers to 1285 determine that the MMTC is operating in compliance with this 1286 section. 1287 6. An MMTC with a transportation license may deliver, or 1288 contract for the delivery of, marijuana and marijuana delivery 1289 devices to other MMTCs, to qualified patients and caregivers 1290 within this state, and to adults 21 years of age or older within 1291 this state. A county or municipality may not prohibit deliveries 1292 of marijuana and marijuana delivery devices to qualified 1293 patients within the county or municipality. Deliveries may be 1294 made only to the qualified patient who placed the order or his 1295 or her caregiver. When delivering to a qualified patient or 1296 caregiver, an MMTC or its contractor shall verify the identity 1297 of the qualified patient upon placement of the delivery order 1298 and, again, upon delivery. When delivering marijuana to an adult 1299 21 years of age or older, an MMTC or its contractor shall verify 1300 the age of the buyer upon placement of the order and, again, 1301 upon delivery. In order to verify the age of the buyer, the MMTC 1302 must determine that the appearance of the buyer is such that a 1303 prudent person would believe the buyer to be 21 years of age or 1304 older or must carefully check the buyer’s driver license, 1305 identification card issued by this state or another state of the 1306 United States, passport, or United States Armed Services 1307 identification card to determine the buyer’s age. The department 1308 shall adopt rules specific to the delivery of marijuana which 1309 include both of the following: 1310 a. Procedures for verifying the age and identity of the 1311 person submitting and receiving a delivery, as appropriate, 1312 including required training for delivery personnel. 1313 b. A maximum dispensary value for all marijuana and 1314 currency that may be in the possession of a registered MMTC 1315 employee or contractor while he or she makes a delivery. The 1316 maximum value established by rule may not be less than $5,000. 1317 7. Licensees under this subsection may use contractors to 1318 assist with the transportation of marijuana, but the licensee is 1319 ultimately responsible for all of the actions and operations of 1320 each contractor relating to the transportation of marijuana and 1321 must know the location of all marijuana at all times. To 1322 participate in the operations of a licensee under this 1323 subsection, a principal or employee of a contractor contracted 1324 by the licensee must first register with the department and be 1325 issued an MMTC employee identification card. 1326 (g) Facility permits.— 1327 1. Before cultivating, processing, dispensing, or storing 1328 marijuana at any location, an MMTC shall apply to the department 1329 for the applicable facility permit for that facility. The 1330 department shall adopt by rule an application form. Upon 1331 receiving a request for a permit from a licensee, the department 1332 shall inspect the facility for compliance with this section and 1333 rules adopted hereunder, and, upon a determination of 1334 compliance, shall issue a permit to the facility. The department 1335 shall issue or deny a facility permit within 30 days after 1336 receiving the request for the permit. 1337 2. A facility permit expires 2 years after the date it is 1338 issued. Each facility must be inspected by the department for 1339 compliance with this section and department rules before the 1340 facility’s permit is renewed. 1341 3. If a facility permit expires or is suspended or revoked, 1342 the MMTC must cease all applicable operations at that facility 1343 until the department inspects the facility and renews or 1344 reinstates the facility’s permit. 1345 4. Cultivation facilities and processing facilities: 1346 a. Shall maintain insurance with at least $1 million of 1347 hazard and liability insurance per location; and 1348 b. Must be secure, closed to the public, and, unless an 1349 ordinance allows the facility to be located closer, must be 1350 located at least 1,000 feet away from any existing public or 1351 private elementary or secondary school, a child care facility as 1352 defined in s. 402.302, or a licensed service provider offering 1353 substance abuse services. 1354 5. All matters regarding the permitting and regulation of 1355 cultivation facilities and processing facilities, including the 1356 location of such facilities, are preempted to the state. 1357 6. Dispensing facilities and storage facilities: 1358 a. Shall maintain insurance with at least $500,000 of 1359 hazard and liability insurance for each facility where marijuana 1360 is dispensed or stored; and 1361 b. Unless an ordinance allows the facility to be located 1362 closer, must be located at least 1,000 feet away from any 1363 existing public or private elementary or secondary school, child 1364 care facility as defined in s. 402.302, or licensed service 1365 provider offering substance abuse services. 1366 7. The governing body of a county or municipality, by 1367 ordinance, may prohibit or limit the number of dispensing 1368 facilities located within its jurisdiction but may not prohibit 1369 an MMTC with a retail license or its permitted storage facility 1370 from being located within its jurisdiction if the licensee is 1371 delivering or contracting to deliver marijuana within that 1372 jurisdiction. The department may not issue a facility permit for 1373 a dispensing facility in a county or municipality in which the 1374 board of county commissioners or other local governing body, as 1375 applicable, has adopted such an ordinance. A county or 1376 municipality may not require, request, or accept financial 1377 contributions or similar benefits from MMTCs, but, in addition 1378 to other taxes authorized by law, a county or municipality may 1379 levy a local business tax on a dispensing facility. An ordinance 1380 adopted by a municipality or county pursuant to this paragraph 1381 may not do any of the following: 1382 a. Provide exclusive access to one or several individuals 1383 or entities to operate dispensing facilities within the 1384 jurisdiction. 1385 b. Prohibit specific individuals or entities from operating 1386 a dispensing facility within the jurisdiction if the ordinance 1387 allows dispensing facilities to operate in the jurisdiction. 1388 c. Prohibit the delivery of marijuana within the 1389 jurisdiction by a properly licensed MMTC located within the 1390 jurisdiction. 1391 8. The department may adopt by rule additional requirements 1392 for the permitting of cultivation, processing, dispensing, and 1393 storage facilities to ensure the sanitary, safe, and secure 1394 cultivation, processing, dispensing, storage, and sale of 1395 marijuana. 1396To ensure the safe transport of marijuana and marijuana1397delivery devices to medical marijuana treatment centers,1398marijuana testing laboratories, or qualified patients, a medical1399marijuana treatment center must:14001. Maintain a marijuana transportation manifest in any1401vehicle transporting marijuana. The marijuana transportation1402manifest must be generated from a medical marijuana treatment1403center’s seed-to-sale tracking system and include the:1404a. Departure date and approximate time of departure.1405b. Name, location address, and license number of the1406originating medical marijuana treatment center.1407c. Name and address of the recipient of the delivery.1408d. Quantity and form of any marijuana or marijuana delivery1409device being transported.1410e. Arrival date and estimated time of arrival.1411f. Delivery vehicle make and model and license plate1412number.1413g. Name and signature of the medical marijuana treatment1414center employees delivering the product.1415(I) A copy of the marijuana transportation manifest must be1416provided to each individual, medical marijuana treatment center,1417or marijuana testing laboratory that receives a delivery. The1418individual, or a representative of the center or laboratory,1419must sign a copy of the marijuana transportation manifest1420acknowledging receipt.1421(II) An individual transporting marijuana or a marijuana1422delivery device must present a copy of the relevant marijuana1423transportation manifest and his or her employee identification1424card to a law enforcement officer upon request.1425(III) Medical marijuana treatment centers and marijuana1426testing laboratories must retain copies of all marijuana1427transportation manifests for at least 3 years.14282. Ensure only vehicles in good working order are used to1429transport marijuana.14303. Lock marijuana and marijuana delivery devices in a1431separate compartment or container within the vehicle.14324. Require employees to have possession of their employee1433identification card at all times when transporting marijuana or1434marijuana delivery devices.14355. Require at least two persons to be in a vehicle1436transporting marijuana or marijuana delivery devices, and1437require at least one person to remain in the vehicle while the1438marijuana or marijuana delivery device is being delivered.14396. Provide specific safety and security training to1440employees transporting or delivering marijuana and marijuana1441delivery devices.1442 (h) Advertising.—An MMTCA medical marijuana treatment1443centermay not engage in advertising that is visible to members 1444 of the public from any street, sidewalk, park, or other public 1445 place, except: 1446 1. An MMTC dispensing facilityThe dispensing locationof A1447medical marijuana treatment centermay have a sign that is 1448 affixed to the outside or hanging in the window of the premises 1449 which identifies the dispensing facilitydispensaryby the 1450 licensee’s business name, a department-approved trade name, or a 1451 department-approved logo. An MMTC’sA medical marijuana1452treatment center’strade name and logo may not contain wording 1453 or images commonly associated with marketing targeted toward 1454 childrenor which promote recreational use of marijuana. 1455 2. An MMTCA medical marijuana treatment centermay engage 1456 in Internet advertising and marketing under the following 1457 conditions: 1458 a. All advertisements must be approved by the department. 1459 b. An advertisement may not have any content that 1460 specifically targets individuals under the age of 18, including 1461 cartoon characters or similar images. 1462 c. An advertisement may not be an unsolicited pop-up 1463 advertisement. 1464 d. Opt-in marketing must include an easy and permanent opt 1465 out feature. 1466 (i) Online retail catalogs.—Each retail MMTCmedical1467marijuana treatment centerthat dispenses marijuana and 1468 marijuana delivery devices shall make available to the public on 1469 its website: 1470 1. Each marijuana and low-THC product available for 1471 purchase, including the form, strain of marijuana from which it 1472 was extracted, cannabidiol content, tetrahydrocannabinol 1473 content, dose unit, total number of doses available, and the 1474 ratio of cannabidiol to tetrahydrocannabinol for each product. 1475 2. The price for a 30-day, 50-day, and 70-day supply at a 1476 standard dose for each marijuana and low-THC product available 1477 for purchase. 1478 3. The price for each marijuana delivery device available 1479 for purchase. 1480 4. If applicable, any discount policies and eligibility 1481 criteria for such discounts. 1482 (j) Sourcing of marijuana for medical use.—MMTCsMedical1483marijuana treatment centersare the sole source from which a 1484 personqualified patientmay legally obtain marijuana. 1485 (k) Rulemaking.—The department may adopt rules pursuant to 1486 ss. 120.536(1) and 120.54 to implement this subsection. 1487 (9) MEDICAL MARIJUANA TREATMENT CENTER PERSONNEL; 1488 REGISTRATION; EMPLOYEE IDENTIFICATION CARDS.— 1489 (a) The department shall adopt rules to administer the 1490 registration of medical marijuana treatment center (MMTC) 1491 principals, employees, and contractors who participate in the 1492 operations of an MMTC. Before hiring or contracting with any 1493 individual who is not registered with the department or who does 1494 not possess a current MMTC employee identification card, an MMTC 1495 must apply to the department to register that person as an MMTC 1496 employee. The department shall adopt by rule a form for such 1497 applications for registration, which must require the applicant 1498 to provide all of the following: 1499 1. His or her full legal name, social security number, date 1500 of birth, and home address. 1501 2. A full-face, passport-type, color photograph of the 1502 applicant taken within the 90 days immediately preceding 1503 submission of the application. 1504 3. Proof that he or she has passed a level 2 background 1505 screening pursuant to chapter 435 within the previous year. 1506 4. An indication as to whether the applicant will be 1507 authorized by the MMTC to possess marijuana while not on MMTC 1508 property. 1509 (b) Once the department has received a completed 1510 application form from an MMTC, the department shall register the 1511 principal, employee, or contractor associated with the MMTC and 1512 issue him or her an MMTC employee identification card that, at a 1513 minimum, includes all of the following: 1514 1. The employee’s name and the name of the MMTC that 1515 employs him or her. 1516 2. The employee’s photograph, as required under paragraph 1517 (a). 1518 3. The expiration date of the card, which must be 1 year 1519 after the date it is issued. 1520 4. An indication of whether the employee is authorized by 1521 the MMTC to possess marijuana while not on MMTC property. 1522 (c) If any information provided to the department for the 1523 registration of an MMTC principal, employee, or contractor or in 1524 the application for an MMTC employee identification card changes 1525 or if the registered person’s employment status with the MMTC 1526 changes, the registered person and the MMTC must provide the 1527 department with the new information or status within 7 days 1528 after the change. 1529 (d) The department may contract with one or more vendors 1530 for the purpose of issuing MMTC employee identification cards 1531 under this subsection. 1532BACKGROUND SCREENING.—An individual required to undergo a1533background screening pursuant to this section must pass a level15342 background screening as provided under chapter 435, which, in1535addition to the disqualifying offenses provided in s. 435.04,1536shall exclude an individual who has an arrest awaiting final1537disposition for, has been found guilty of, regardless of1538adjudication, or has entered a plea of nolo contendere or guilty1539to an offense under chapter 837, chapter 895, or chapter 896 or1540similar law of another jurisdiction.1541(a) Such individual must submit a full set of fingerprints1542to the department or to a vendor, entity, or agency authorized1543by s. 943.053(13). The department, vendor, entity, or agency1544shall forward the fingerprints to the Department of Law1545Enforcement for state processing, and the Department of Law1546Enforcement shall forward the fingerprints to the Federal Bureau1547of Investigation for national processing.1548(b) Fees for state and federal fingerprint processing and1549retention shall be borne by the individual. The state cost for1550fingerprint processing shall be as provided in s. 943.053(3)(e)1551for records provided to persons or entities other than those1552specified as exceptions therein.1553(c) Fingerprints submitted to the Department of Law1554Enforcement pursuant to this subsection shall be retained by the1555Department of Law Enforcement as provided in s. 943.05(2)(g) and1556(h) and, when the Department of Law Enforcement begins1557participation in the program, enrolled in the Federal Bureau of1558Investigation’s national retained print arrest notification1559program. Any arrest record identified shall be reported to the1560department.1561 (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; 1562 ADMINISTRATIVE ACTIONS.— 1563 (a)The department shall conduct announced or unannounced1564inspections of medical marijuana treatment centers to determine1565compliance with this section or rules adopted pursuant to this1566section.1567(b)The department shall inspecta medical marijuana1568treatment centerUpon receiving a complaint or notice that athe1569 medical marijuana treatment center (MMTC) has dispensed 1570 marijuana containing mold, bacteria, or anotherother1571 contaminant that may cause or has caused an adverse effect to 1572 human health or the environment, the department shall inspect 1573 the MMTC, its facilities, and, as appropriate, any cultivation 1574 or processing facility of the MMTC from which the batch of 1575 marijuana was purchased. 1576 (b)(c)The department shall conduct at least a biennial 1577 inspection of each MMTCmedical marijuana treatment centerto 1578 evaluate itsthemedical marijuana treatment center’srecords, 1579 personnel, equipment, processes, security measures, sanitation 1580 practices, and quality assurance practices. 1581 (c) The department shall conduct at least a biennial 1582 inspection of each permitted facility. The department may 1583 conduct additional announced or unannounced inspections of a 1584 permitted facility within reasonable hours in order to ensure 1585 compliance with this section and rules adopted hereunder. 1586 (d) The Department of Agriculture and Consumer Services and 1587 the department shall enter into an interagency agreement to 1588 ensure cooperation and coordination in the performance of their 1589 obligations under this section and their respective regulatory 1590 and authorizing laws. The department, the Department of Highway 1591 Safety and Motor Vehicles, and the Department of Law Enforcement 1592 may enter into interagency agreements for the purposes specified 1593 in this subsection or subsection (7). 1594 (e) The department shall publish a list of all approved 1595 MMTCsmedical marijuana treatment centers, medical directors, 1596 and qualified physicians on its website. 1597 (f) The department may impose administrative penalties, 1598 including reasonable fines not to exceed $10,000, on an MMTCa1599medical marijuana treatment centerfor any of the following 1600 violations: 1601 1. Violating this section or department rule. 1602 2. Failing to maintain qualifications for approval. 1603 3. Endangering the health, safety, or security of a 1604 qualified patient or an adult purchasing marijuana pursuant to 1605 s. 381.990. 1606 4. Improperly disclosing personal and confidential 1607 information of the qualified patient. 1608 5. Attempting to procure MMTCmedical marijuana treatment1609centerapproval by bribery, fraudulent misrepresentation, or 1610 extortion. 1611 6. Being convicted or found guilty of, or entering a plea 1612 of guilty or nolo contendere to, regardless of adjudication, a 1613 crime in any jurisdiction which directly relates to the business 1614 of an MMTCa medical marijuana treatment center. 1615 7. Making or filing a report or record that the MMTC 1616medical marijuana treatment centerknows to be false. 1617 8. Willfully failing to maintain a record required by this 1618 section or department rule. 1619 9. Willfully impeding or obstructing an employee or agent 1620 of the department in the furtherance of his or her official 1621 duties. 1622 10. Engaging in fraud or deceit, negligence, incompetence, 1623 or misconduct in the business practices of an MMTCa medical1624marijuana treatment center. 1625 11. Making misleading, deceptive, or fraudulent 1626 representations in or related to the business practices of an 1627 MMTCa medical marijuana treatment center. 1628 12. Having a license or the authority to engage in any 1629 regulated profession, occupation, or business that is related to 1630 the business practices of an MMTCa medical marijuana treatment1631centersuspended, revoked, or otherwise acted against by the 1632 licensing authority of any jurisdiction, including its agencies 1633 or subdivisions, for a violation that would constitute a 1634 violation under Florida law. 1635 13. Violating a lawful order of the department or an agency 1636 of the state, or failing to comply with a lawfully issued 1637 subpoena of the department or an agency of the state. 1638 14. Failing to adequately determine the age of a buyer who 1639 is not a qualified patient or caregiver. 1640 (g) The department may suspend, revoke, or refuse to renew 1641 an MMTC’s registration, operating licenses, and any vehicle 1642 permits or facility permitsa medical marijuana treatment center1643licenseif the MMTCmedical marijuana treatment centercommits 1644 any of the violations specified in paragraph (f). 1645 (h) The department shall refuse to renew the cultivation, 1646 processing, retail, or transportation license of an MMTC that 1647 has been issued such a license and has not begun to cultivate, 1648 process, dispense, or transport marijuana, as applicable, by the 1649 date that the MMTC is required to renew such license. 1650 (i)(h)The department may adopt rules pursuant to ss. 1651 120.536(1) and 120.54 to implement this subsection. 1652 (11) PREEMPTION.—Regulation of cultivation, processing, and 1653 delivery of marijuana by medical marijuana treatment centers 1654 (MMTCs) is preempted to the state except as provided in this 1655 subsection. 1656 (a) An MMTCA medical marijuana treatment center1657 cultivating or processing facility may not be located within 500 1658 feet of the real property that comprises a public or private 1659 elementary school, middle school, or secondary school. 1660 (b)1. A county or municipality may, by ordinance, ban MMTC 1661medical marijuana treatment centerdispensing facilities from 1662 being located within the boundaries of that county or 1663 municipality. A county or municipality that does not ban 1664 dispensing facilities under this subparagraph may not place 1665 specific limits, by ordinance, on the number of dispensing 1666 facilities that may locate within that county or municipality. 1667 2. A municipality may determine by ordinance the criteria 1668 for the location of, and other permitting requirements that do 1669 not conflict with state law or department rule for, MMTCmedical1670marijuana treatment centerdispensing facilities located within 1671 the boundaries of that municipality. A county may determine by 1672 ordinance the criteria for the location of, and other permitting 1673 requirements that do not conflict with state law or department 1674 rule for, all such dispensing facilities located within the 1675 unincorporated areas of that county. Except as provided in 1676 paragraph (c), a county or municipality may not enact ordinances 1677 for permitting or for determining the location of dispensing 1678 facilities which are more restrictive than its ordinances 1679 permitting or determining the locations for pharmacies licensed 1680 under chapter 465. A municipality or county may not charge an 1681 MMTCa medical marijuana treatment centera license or permit 1682 fee in an amount greater than the fee charged by such 1683 municipality or county to pharmacies. A dispensing facility 1684 location approved by a municipality or county pursuant to former 1685 s. 381.986(8)(b), Florida Statutes 2016, is not subject to the 1686 location requirements of this subsection. 1687 (c) An MMTCA medical marijuana treatment centerdispensing 1688 facility may not be located within 500 feet of the real property 1689 that comprises a public or private elementary school, middle 1690 school, or secondary school unless the county or municipality 1691 approves the location through a formal proceeding open to the 1692 public at which the county or municipality determines that the 1693 location promotes the public health, safety, and general welfare 1694 of the community. 1695 (d) This subsection does not prohibit any local 1696 jurisdiction from ensuring that MMTCmedical marijuana treatment1697centerfacilities comply with the Florida Building Code, the 1698 Florida Fire Prevention Code, or any local amendments to the 1699 Florida Building Code or the Florida Fire Prevention Code. 1700 (12) PENALTIES.— 1701 (a) A qualified physician commits a misdemeanor of the 1702 first degree, punishable as provided in s. 775.082 or s. 1703 775.083, if he or shethe qualified physicianissues a physician 1704 certification for the medical use of marijuana for a patient 1705 without a reasonable belief that the patient is suffering from a 1706 qualifying medical condition. 1707 (b) A person who fraudulently represents that he or she has 1708 a qualifying medical condition to a qualified physician for the 1709 purpose of being issued a physician certification commits a 1710 misdemeanor of the first degree, punishable as provided in s. 1711 775.082 or s. 775.083. 1712 (c)1. A personqualified patientwho uses marijuana, not 1713 including low-THC cannabis, or a caregiver who administers 1714 marijuana, not including low-THC cannabis, in plain view of or 1715 in a place open to the general public is subject to a civil fine 1716 not exceeding $100. 1717 2. A person who uses marijuana, not including low-THC 1718 cannabis,;in a school bus, a moving vehicle, or an aircraft, or1719a boat; or on the grounds of a school except as provided in s. 1720 1006.062, commits a misdemeanor of the first degree, punishable 1721 as provided in s. 775.082 or s. 775.083. 1722 (d) A personqualified patient or caregiverwho cultivates 1723 marijuana or who purchasesor acquiresmarijuana from any person 1724 or entity other than a medical marijuana treatment center (MMTC) 1725 violates s. 893.13 and is subject to the penalties provided 1726 therein. 1727(e)1. A qualified patient or caregiver in possession of1728marijuana or a marijuana delivery device who fails or refuses to1729present his or her marijuana use registry identification card1730upon the request of a law enforcement officer commits a1731misdemeanor of the second degree, punishable as provided in s.1732775.082 or s. 775.083, unless it can be determined through the1733medical marijuana use registry that the person is authorized to1734be in possession of that marijuana or marijuana delivery device.17352. A person charged with a violation of this paragraph may1736not be convicted if, before or at the time of his or her court1737or hearing appearance, the person produces in court or to the1738clerk of the court in which the charge is pending a medical1739marijuana use registry identification card issued to him or her1740which is valid at the time of his or her arrest. The clerk of1741the court is authorized to dismiss such case at any timebefore1742the defendant’s appearance in court. The clerk of the court may1743assess a fee of $5 for dismissing the case under this paragraph.1744 (e)(f)A caregiver who violates any of the applicable 1745 provisions of this section or applicable department rules, for 1746 the first offense, commits a misdemeanor of the second degree, 1747 punishable as provided in s. 775.082 or s. 775.083 and, for a 1748 second or subsequent offense, commits a misdemeanor of the first 1749 degree, punishable as provided in s. 775.082 or s. 775.083. 1750 (f)(g)A qualified physician who issues a physician 1751 certification for marijuana or a marijuana delivery device and 1752 receives compensation from an MMTCa medical marijuana treatment1753centerrelated to the issuance of a physician certification for 1754 marijuana or a marijuana delivery device is subject to 1755 disciplinary action under the applicable practice act and s. 1756 456.072(1)(n). 1757 (g)(h)A person transporting marijuana or marijuana 1758 delivery devices on behalf of an MMTCa medical marijuana1759treatment centeror marijuana testing laboratory who fails or 1760 refuses to present a transportation manifest, whether in paper 1761 or electronic format, upon the request of a law enforcement 1762 officer commits a misdemeanor of the second degree, punishable 1763 as provided in s. 775.082 or s. 775.083. 1764 (h)(i)Persons and entities conducting activities 1765 authorized and governed by this section and s. 381.988 are 1766 subject to ss. 456.053, 456.054, and 817.505, as applicable. 1767 (i)(j)A person or entity that cultivates, processes, 1768 distributes, sells, or dispenses marijuana, as defined in s. 1769 29(b)(4), Art. X of the State Constitution, and is not licensed 1770 as an MMTCa medical marijuana treatment centerviolates s. 1771 893.13 and is subject to the penalties provided therein. This 1772 paragraph does not apply to a transfer of marijuana products or 1773 marijuana which is authorized by this section, s. 381.990, or s. 1774 893.13. 1775 (j)(k)A person who manufactures, distributes, sells, 1776 gives, or possesses with the intent to manufacture, distribute, 1777 sell, or give marijuana or a marijuana delivery device that he 1778 or she holds out to have originated from a licensed MMTCmedical1779marijuana treatment centerbut that is counterfeit commits a 1780 felony of the third degree, punishable as provided in s. 1781 775.082, s. 775.083, or s. 775.084. For the purposes of this 1782 paragraph, the term “counterfeit” means marijuana; a marijuana 1783 delivery device; or a marijuana or marijuana delivery device 1784 container, seal, or label which, without authorization, bears 1785 the trademark, trade name, or other identifying mark, imprint, 1786 or device, or any likeness thereof, of a licensed MMTCmedical1787marijuana treatment centerand which thereby falsely purports or 1788 is represented to be the product of, or to have been distributed 1789 by, that licensed MMTCmedical marijuana treatment facility. 1790 (k)(l)Any person who possesses or manufactures a blank, 1791 forged, stolen, fictitious, fraudulent, counterfeit, or 1792 otherwise unlawfully issued medical marijuana use registry 1793 identification card commits a felony of the third degree, 1794 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 1795 (14) EXCEPTIONS TO OTHER LAWS.— 1796 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1797 any otherprovision oflaw, but subject to the requirements of 1798 this section, a qualified patient and the qualified patient’s 1799 caregiver may purchase from a medical marijuana treatment center 1800 (MMTC) for the patient’s medical use a marijuana delivery device 1801 and up to the amount of marijuana authorized in the physician 1802 certification, but may not possess more than a 70-day supply of 1803 marijuana, or the greater of 4 ounces of marijuana in a form for 1804 smoking or an amount of marijuana in a form for smoking approved 1805 by the department pursuant to paragraph (4)(f), at any given 1806 time and all marijuana purchased must remain in its original 1807 packaging. 1808 (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135, 1809 s. 893.147, or any otherprovision oflaw, a qualified patient 1810 and the qualified patient’s caregiver may purchase and possess a 1811 marijuana delivery device intended for the medical use of 1812 marijuana by smoking from a vendor other than an MMTCa medical1813marijuana treatment center. 1814 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 1815 any otherprovision oflaw, but subject to the requirements of 1816 this section, an approved MMTCmedical marijuana treatment1817centerand its owners, managers, and employees may manufacture, 1818 possess, sell, deliver, distribute, dispense, and lawfully 1819 dispose of marijuana or a marijuana delivery device as provided 1820 in this section, s. 381.988, s. 381.990, and by department rule. 1821 For the purposes of this subsection, the terms “manufacture,” 1822 “possession,” “deliver,” “distribute,” and “dispense” have the 1823 same meanings as provided in s. 893.02. 1824 (e) A licensed MMTCmedical marijuana treatment centerand 1825 its owners, managers, and employees are not subject to licensure 1826 or regulation under chapter 465 or chapter 499 for 1827 manufacturing, possessing, selling, delivering, distributing, 1828 dispensing, or lawfully disposing of marijuana or a marijuana 1829 delivery device, as provided in this section, in s. 381.988, and 1830 by department rule. 1831(17) Rules adopted pursuant to this section before July 1,18322020, are not subject to ss. 120.54(3)(b) and 120.541.1833Notwithstanding paragraph (8)(e), a medical marijuana treatment1834center may use a laboratory that has not been certified by the1835department under s. 381.988 until such time as at least one1836laboratory holds the required certification pursuant to s.1837381.988, but in no event later than July 1, 2020. This1838subsection expires July 1, 2020.1839 Section 3. Section 381.990, Florida Statutes, is created to 1840 read: 1841 381.990 Adult use of marijuana.— 1842 (1) A person 21 years of age or older may purchase 1843 marijuana products containing up to 2,000 milligrams of 1844 tetrahydrocannabinol; up to 2.5 ounces of marijuana in a form 1845 for smoking; and one or more marijuana delivery devices, as 1846 defined in s. 381.986, provided that such marijuana products, 1847 marijuana, and marijuana delivery devices are purchased from a 1848 medical marijuana treatment center (MMTC) that is licensed by 1849 the department pursuant to s. 381.986 for the retail sale of 1850 marijuana and is registered by the Department of Business and 1851 Professional Regulation for the sale of marijuana for adult use. 1852 A violation of this subsection is punishable as provided in s. 1853 893.13. 1854 (2) A person who purchases marijuana products, marijuana in 1855 a form for smoking, or marijuana delivery devices in accordance 1856 with subsection (1) may possess, use, transport, and transfer, 1857 without consideration, to a person 21 years of age or older such 1858 products or devices. However, a person may not possess at any 1859 given time marijuana products that contain, in total, more than 1860 2,000 milligrams of tetrahydrocannabinol or more than 4.0 ounces 1861 of marijuana in a form for smoking. A violation of this 1862 subsection is punishable as provided in s. 893.13. 1863 (3) This section does not limit the ability of a private 1864 property owner to restrict the smoking or vaping of marijuana on 1865 his or her private property; however, a landlord may not prevent 1866 his or her tenants from possessing or using marijuana by other 1867 means. 1868 (4) This section does not exempt a person from prosecution 1869 for a criminal offense related to impairment or intoxication 1870 resulting from the use of marijuana or relieve a person from any 1871 requirement under law to submit to a breath, blood, urine, or 1872 other test to detect the presence of a controlled substance. 1873 Section 4. Effective July 1, 2020, the Department of 1874 Agriculture and Consumer Services shall conduct a study on the 1875 potential harms and benefits of allowing the cultivation of 1876 marijuana by members of the public for private use, including 1877 the use of a cooperative model. The department shall report the 1878 results of the study to the Governor, the President of the 1879 Senate, and the Speaker of the House of Representatives by 1880 January 1, 2021. 1881 Section 5. Subsection (3) and paragraphs (a) and (b) of 1882 subsection (6) of section 893.13, Florida Statutes, are amended 1883 to read: 1884 893.13 Prohibited acts; penalties.— 1885 (3)(a) A person 21 years of age or older may deliver, 1886 without consideration, to another person 21 years of age or 1887 older: 1888 1. Marijuana products that contain a total of 2,000 1889 milligrams or less of tetrahydrocannabinol; and 1890 2. A quantity of 2.5 ounces or less of cannabis, as defined 1891 in this chapter. 1892 (b) A person younger than 21 years of age who delivers, 1893 without consideration, to another person marijuana products that 1894 contain a total of 2,000 milligrams or less of 1895 tetrahydrocannabinol or a quantity of 2.5 ounces or less of 1896 cannabis, as defined in this chapter, commits a misdemeanor of 1897 the second degree, punishable as provided in s. 775.082 or s. 1898 775.083, for a first conviction of a violation of this paragraph 1899 and commits a misdemeanor of the first degree, punishable as 1900 provided in s. 775.082 or s. 775.083, for a second or subsequent 1901 conviction of a violation of this paragraphwho delivers,1902without consideration, 20 grams or less of cannabis, as defined1903in this chapter, commits a misdemeanor of the first degree,1904punishable as provided in s. 775.082 or s. 775.083. As used in1905this subsection, the term “cannabis” does not include the resin1906extracted from the plants of the genusCannabisor any compound1907manufacture, salt, derivative, mixture, or preparation of such1908resin. 1909 (6)(a) Except as otherwise provided in this subsection, a 1910 person may not be in actual or constructive possession of a 1911 controlled substance unless such controlled substance was 1912 lawfully obtained from a practitioner or pursuant to a valid 1913 prescription or order of a practitioner while acting in the 1914 course of his or her professional practice or to be in actual or 1915 constructive possession of a controlled substance except as 1916 otherwise authorized by this chapter. A person who violates this 1917 provision commits a felony of the third degree, punishable as 1918 provided in s. 775.082, s. 775.083, or s. 775.084. 1919 (b)1. A person 21 years of age or older may possess 1920 marijuana products that contain a total of 2,000 milligrams or 1921 less of tetrahydrocannabinol and may possess 4.0 ounces or less 1922 of cannabis, as defined in this chapterIf the offense is the1923possession of 20 grams or less of cannabis, as defined in this1924chapter, the person commits a misdemeanor of the first degree,1925punishable as provided in s. 775.082 or s. 775.083. As used in1926this subsection, the term “cannabis” does not include the resin1927extracted from the plants of the genusCannabis, or any compound1928manufacture, salt, derivative, mixture, or preparation of such1929resin. 1930 2. A person under 21 years of age who possesses marijuana 1931 products that contain a total of 2,000 milligrams or less of 1932 tetrahydrocannabinol or who possesses 4 ounces or less of 1933 cannabis, as defined in this chapter, commits a misdemeanor of 1934 the second degree, punishable as provided in s. 775.082 or s. 1935 775.083, for a first conviction of a violation of this 1936 paragraph, and a misdemeanor of the first degree, punishable as 1937 provided in s. 775.082 or s. 775.083, for a second or subsequent 1938 conviction of a violation of this paragraph. 1939 Section 6. Section 893.1352, Florida Statutes, is created 1940 to read: 1941 893.1352 Retroactive application of s. 893.13.— 1942 (1) It is the intent of the Legislature to retroactively 1943 apply amendments to s. 893.13 to certain persons who were 1944 convicted of possession of cannabis, before January 1, 2021. 1945 (2) As used in this section, a reference to “former s. 1946 893.13, Florida Statutes 2020,” is a reference to s. 893.13 as 1947 it existed at any time before January 1, 2021. 1948 (3)(a) A person who was convicted of a violation of former 1949 s. 893.13, Florida Statutes 2020, by possessing 4 ounces or less 1950 of cannabis as defined in chapter 893, but was not sentenced 1951 under that section before January 1, 2021, must be sentenced in 1952 accordance with s. 775.082, s. 775.083, or s. 775.084, for the 1953 degree of offense as provided for in s. 893.13. 1954 (b) A person who was convicted of a violation of former s. 1955 893.13, Florida Statutes 2020, by possessing 4 ounces or less of 1956 cannabis as defined in chapter 893, was sentenced before January 1957 1, 2021, to a term of imprisonment or probation pursuant to 1958 former s. 893.13, Florida Statutes 2020, and who is serving the 1959 term of imprisonment or probation on or after January 1, 2021, 1960 must have an opportunity for a sentence review hearing. If the 1961 person requests a sentence review hearing, he or she must be 1962 resentenced in accordance with paragraph (c). 1963 (c) Resentencing under this section must occur in the 1964 following manner: 1965 1. The Department of Corrections shall notify the person 1966 described in paragraph (b) of his or her eligibility to request 1967 a sentence review hearing. 1968 2. A person seeking sentence review under this section may 1969 submit an application to the court of original jurisdiction 1970 requesting that a sentence review hearing be held. The 1971 sentencing court retains original jurisdiction for the duration 1972 of the sentence for the purpose of this review. 1973 3. A person who is eligible for a sentence review hearing 1974 under this section is entitled to representation by legal 1975 counsel. If the person is indigent and unable to employ counsel, 1976 the court shall appoint counsel under s. 27.52. Determination of 1977 indigence and costs of representation is as provided in ss. 1978 27.52 and 938.29. 1979 4. Upon receipt of a request for a sentence review hearing, 1980 the court of original jurisdiction shall hold such a hearing to 1981 determine if the person meets the criteria for resentencing 1982 under this section. If the court determines by a preponderance 1983 of the evidence that the person is currently serving a sentence 1984 for a violation of former s. 893.13, Florida Statutes 2020, and 1985 that the violation was for possession of cannabis in the amount 1986 of 4 ounces or less, the court shall resentence the person in 1987 accordance with this section. If the court determines that the 1988 person does not meet the criteria for resentencing under this 1989 section, the court must provide written findings as to why the 1990 person does not meet the criteria. 1991 5. If the court finds that the underlying facts of the 1992 person’s conviction that is subject to resentencing are 1993 classified as a crime under s. 893.13, the person must be 1994 resentenced to a term that would not exceed the maximum sentence 1995 provided by that section. The person is entitled to receive 1996 credit for his or her time served. 1997 6. If the court finds that the underlying facts of the 1998 person’s conviction that is subject to resentencing are not 1999 classified as a crime under s. 893.13, the person must be 2000 resentenced to time served and released from supervision as soon 2001 as reasonably possible. 2002 (4) Notwithstanding any other law, a person who has been 2003 convicted of a crime under former s. 893.13, Florida Statutes 2004 2020, and whose offense would not be classified as a crime under 2005 s. 893.13, must have all fines, fees, and costs related to such 2006 conviction waived. 2007 Section 7. Present subsections (5), (6), and (7) of section 2008 893.147, Florida Statutes, are redesignated as subsections (6), 2009 (7), and (8), respectively, a new subsection (5) is added to 2010 that section, and subsections (1), (2), and (4) of that section 2011 are amended, to read: 2012 893.147 Use, possession, manufacture, delivery, 2013 transportation, advertisement, or retail sale of drug 2014 paraphernalia, specified machines, and materials.— 2015 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—Except as 2016 provided in subsection (5), it is unlawful for any person to 2017 use, or to possess with intent to use, drug paraphernalia: 2018 (a) To plant, propagate, cultivate, grow, harvest, 2019 manufacture, compound, convert, produce, process, prepare, test, 2020 analyze, pack, repack, store, contain, or conceal a controlled 2021 substance in violation of this chapter; or 2022 (b) To inject, ingest, inhale, or otherwise introduce into 2023 the human body a controlled substance in violation of this 2024 chapter. 2025 2026 Any person who violates this subsection is guilty of a 2027 misdemeanor of the first degree, punishable as provided in s. 2028 775.082 or s. 775.083. 2029 (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—Except 2030 as provided in subsection (5), it is unlawful for any person to 2031 deliver, possess with intent to deliver, or manufacture with 2032 intent to deliver drug paraphernalia, knowing, or under 2033 circumstances where one reasonably should know, that it will be 2034 used: 2035 (a) To plant, propagate, cultivate, grow, harvest, 2036 manufacture, compound, convert, produce, process, prepare, test, 2037 analyze, pack, repack, store, contain, or conceal a controlled 2038 substance in violation of this act; or 2039 (b) To inject, ingest, inhale, or otherwise introduce into 2040 the human body a controlled substance in violation of this act. 2041 2042 Any person who violates this subsection is guilty of a felony of 2043 the third degree, punishable as provided in s. 775.082, s. 2044 775.083, or s. 775.084. 2045 (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—Except as 2046 provided in subsection (5), it is unlawful to use, possess with 2047 the intent to use, or manufacture with the intent to use drug 2048 paraphernalia, knowing or under circumstances in which one 2049 reasonably should know that it will be used to transport: 2050 (a) A controlled substance in violation of this chapter; or 2051 (b) Contraband as defined in s. 932.701(2)(a)1. 2052 2053 Any person who violates this subsection commits a felony of the 2054 third degree, punishable as provided in s. 775.082, s. 775.083, 2055 or s. 775.084. 2056 (5) ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.— 2057 (a) A person 21 years of age or older may possess, use, 2058 transport, or deliver, without consideration, to a person 21 2059 years of age or older a marijuana delivery device, as defined in 2060 s. 381.986. 2061 (b) A person younger than 21 years of age who possesses, 2062 uses, transports, or delivers, without consideration, to a 2063 person 21 years of age or older a marijuana delivery device, as 2064 defined in s. 381.986, commits a misdemeanor of the second 2065 degree, punishable as provided in s. 775.082 or s. 775.083 for a 2066 first conviction of a violation of this paragraph, and a 2067 misdemeanor of the first degree, punishable as provided in s. 2068 775.082 or s. 775.083, for a second or subsequent conviction of 2069 a violation of this paragraph. 2070 Section 8. Section 943.0586, Florida Statutes, is created 2071 to read: 2072 943.0586 Cannabis expunction.— 2073 (1) DEFINITIONS.—As used in this section, the term: 2074 (a) “Cannabis” has the same meaning as provided in chapter 2075 893. 2076 (b) “Expunction” has the same meaning and effect as 2077 provided in s. 943.0585. 2078 (c) “Former s. 893.13, Florida Statutes 2020,” is a 2079 reference to s. 893.13 as it existed at any time before January 2080 1, 2021. 2081 (2) ELIGIBILITY.—Notwithstanding any other law, a person is 2082 eligible to petition a court to expunge a criminal history 2083 record for the conviction of former s. 893.13, Florida Statutes 2084 2020, if: 2085 (a) The person received a withhold of adjudication or 2086 adjudication of guilt for a violation of former 893.13, Florida 2087 Statutes 2020, for the possession of cannabis; 2088 (b) The person possessed 4 ounces or less of cannabis; and 2089 (c) The person is no longer under court supervision related 2090 to the disposition of arrest or alleged criminal activity for 2091 which the petition to expunge pertains. 2092 (3) CERTIFICATE OF ELIGIBILITY.—Before petitioning a court 2093 to expunge a criminal history record under this section, a 2094 person seeking to expunge a criminal history record must apply 2095 to the department for a certificate of eligibility for 2096 expunction. The department shall adopt rules to establish 2097 procedures for applying for and issuing a certificate of 2098 eligibility for expunction. 2099 (a) The department shall issue a certificate of eligibility 2100 for expunction to a person who is the subject of a criminal 2101 history record under this section, if that person: 2102 1. Satisfies the eligibility criteria in subsection (2); 2103 2. Has submitted to the department a written certified 2104 statement from the appropriate state attorney or statewide 2105 prosecutor which confirms the criminal history record complies 2106 with the criteria in subsection (2); 2107 3. Has submitted to the department a certified copy of the 2108 disposition of the charge to which the petition to expunge 2109 pertains; and 2110 4. Remits a $75 processing fee to the department for 2111 placement in the Department of Law Enforcement Operating Trust 2112 Fund, unless the executive director waives such fee. 2113 (b) A certificate of eligibility for expunction is valid 2114 for 12 months after the date of issuance stamped by the 2115 department on the certificate. After that time, the petitioner 2116 must reapply to the department for a new certificate of 2117 eligibility. The petitioner’s status and the law in effect at 2118 the time of the renewal application determine the petitioner’s 2119 eligibility. 2120 (4) PETITION.—Each petition to expunge a criminal history 2121 record must be accompanied by: 2122 (a) A valid certificate of eligibility issued by the 2123 department. 2124 (b) The petitioner’s sworn statement that he or she: 2125 1. Satisfies the eligibility requirements for expunction in 2126 subsection (2); and 2127 2. Is eligible for expunction to the best of his or her 2128 knowledge. 2129 (5) PENALTIES.—A person who knowingly provides false 2130 information on such sworn statement commits a felony of the 2131 third degree, punishable as provided in s. 775.082, s. 775.083, 2132 or s. 775.084. 2133 (6) COURT AUTHORITY.— 2134 (a) The courts of this state have jurisdiction over their 2135 own procedures, including the maintenance, expunction, and 2136 correction of judicial records containing criminal history 2137 information to the extent that such procedures are not 2138 inconsistent with the conditions, responsibilities, and duties 2139 established by this section. 2140 (b) A court of competent jurisdiction shall order a 2141 criminal justice agency to expunge the criminal history record 2142 of a person who complies with this section. The court may not 2143 order a criminal justice agency to expunge a criminal history 2144 record under this section until the person seeking to expunge a 2145 criminal history record has applied for and received a 2146 certificate of eligibility under subsection (3). 2147 (c) Expunction granted under this section does not prevent 2148 the person who receives such relief from petitioning for the 2149 expunction or sealing of a later criminal history record as 2150 provided for in ss. 943.0583, 943.0585, and 943.059, if the 2151 person is otherwise eligible under those sections. 2152 (7) PROCESSING OF A PETITION OR AN ORDER.— 2153 (a) In judicial proceedings under this section, a copy of 2154 the completed petition to expunge shall be served upon the 2155 appropriate state attorney or the statewide prosecutor and upon 2156 the arresting agency; however, it is not necessary to make any 2157 agency other than the state a party. The appropriate state 2158 attorney or the statewide prosecutor and the arresting agency 2159 may respond to the court regarding the completed petition to 2160 expunge. 2161 (b) If relief is granted by the court, the clerk of the 2162 court shall certify copies of the order to the appropriate state 2163 attorney or the statewide prosecutor and the arresting agency. 2164 The arresting agency shall forward the order to any other agency 2165 to which the arresting agency disseminated the criminal history 2166 record information to which the order pertains. The department 2167 shall forward the order to expunge to the Federal Bureau of 2168 Investigation. The clerk of the court shall certify a copy of 2169 the order to any other agency which the records of the court 2170 reflect has received the criminal history record from the court. 2171 (c) The department or any other criminal justice agency is 2172 not required to act on an order to expunge entered by a court if 2173 such order does not comply with the requirements of this 2174 section. Upon receipt of such an order, the department shall 2175 notify the issuing court, the appropriate state attorney or 2176 statewide prosecutor, the petitioner or the petitioner’s 2177 attorney, and the arresting agency of the reason for 2178 noncompliance. The appropriate state attorney or statewide 2179 prosecutor shall take action within 60 days to correct the 2180 record and petition the court to void the order. No cause of 2181 action, including contempt of court, may arise against any 2182 criminal justice agency for failure to comply with an order to 2183 expunge if the petitioner for such order failed to obtain the 2184 certificate of eligibility as required by this section or such 2185 order does not otherwise comply with the requirements of this 2186 section. 2187 (8) EFFECT OF CANNABIS EXPUNCTION ORDER.— 2188 (a) The person who is the subject of a criminal history 2189 record that is expunged under this section may lawfully deny or 2190 fail to acknowledge the arrests and convictions covered by the 2191 expunged record, except if the person who is the subject of the 2192 record: 2193 1. Is a candidate for employment with a criminal justice 2194 agency; 2195 2. Is a defendant in a criminal prosecution; 2196 3. Concurrently or subsequently petitions for relief under 2197 this section, s. 943.0583, s. 943.059, or s. 943.0585; 2198 4. Is a candidate for admission to The Florida Bar; 2199 5. Is seeking to be employed or licensed by or to contract 2200 with the Department of Children and Families, the Division of 2201 Vocational Rehabilitation within the Department of Education, 2202 the Agency for Health Care Administration, the Agency for 2203 Persons with Disabilities, the Department of Health, the 2204 Department of Elderly Affairs, or the Department of Juvenile 2205 Justice or to be employed or used by such contractor or licensee 2206 in a sensitive position having direct contact with children, 2207 persons with disabilities, or the elderly; 2208 6. Is seeking to be employed or licensed by the Department 2209 of Education, any district school board, any university 2210 laboratory school, any charter school, any private or parochial 2211 school, or any local governmental entity that licenses child 2212 care facilities; 2213 7. Is seeking to be licensed by the Division of Insurance 2214 Agent and Agency Services within the Department of Financial 2215 Services; or 2216 8. Is seeking to be appointed as a guardian pursuant to s. 2217 744.3125. 2218 (b) A person who has been granted an expunction under this 2219 section and who is authorized under paragraph (a) to lawfully 2220 deny or fail to acknowledge the arrests and convictions covered 2221 by an expunged record may not be held under any law of this 2222 state to commit perjury or to be otherwise liable for giving a 2223 false statement by reason of such person’s failure to recite or 2224 acknowledge an expunged criminal history record. 2225 Section 9. Section 893.15, Florida Statutes, is amended to 2226 read: 2227 893.15 Rehabilitation.—Any person who violates s. 2228 893.13(6)(a)or (b)relating to possession may, in the 2229 discretion of the trial judge, be required to participate in a 2230 substance abuse services program approved or regulated by the 2231 Department of Children and Families pursuant to the provisions 2232 of chapter 397, provided the director of such program approves 2233 the placement of the defendant in such program. Such required 2234 participation shall be imposed in addition to any penalty or 2235 probation otherwise prescribed by law. However, the total time 2236 of such penalty, probation, and program participation shall not 2237 exceed the maximum length of sentence possible for the offense. 2238 Section 10. Except as otherwise expressly provided in this 2239 act and except for this section, which shall take effect upon 2240 becoming a law, this act shall take effect January 1, 2021.