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Item I02 1.2 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys l'U � � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting July 17, 2019 Agenda Item Number: I.2 Agenda Item Summary #5702 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506 n/a AGENDA ITEM WORDING: Discussion and direction regarding Land Development Code amendments to address approved interim development ordinances (Ordinance 010-2017 and extended by Ordinance 019-2018) deferring the acceptance and approval of new applications for the establishment of Medical Marijuana Treatment Center Dispensing Facilities. ITEM BACKGROUND: Medical Marijuana Treatment Center Dispensing Facilities/Uses are not addressed within the Monroe County Year 2030 Comprehensive Plan, which became effective on June 20, 2016, or the County's updated Land Development Code which became effective on February 3, 2017. The Monroe County Board of County Commissioners adopted Resolution 047-2017, at a regular meeting on February 15, 2017, in Key West, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications for the establishment of Medical Marijuana Dispensing Facilities commencing February 15, 2017. At a regularly scheduled meeting on July 19, 2017, in Marathon, the BOCC adopted interim development Ordinance 010-2017 to defer the establishment of Medical Marijuana Dispensing Facilities. At a regularly scheduled meeting on August 15, 2018, in Key West, the BOCC adopted interim development Ordinance 019-2018 extending the interim development ordinance for an additional 365 days. This ordinance is due to expire on October 27, 2019, if the relevant Comprehensive Plan and Land Development Code amendments are not adopted and effective before that date. Staff is working on amendments related to Medical Marijuana Treatment Center Dispensing Facilities; however, the State of Florida has continued to develop and modify statute sections from which County regulations would be derived. Section 381.986(11), F.S., provides specific standards about the level of regulation a local government may or may not impose on Medical Marijuana Treatment Center Dispensing Facilities, as shown below. Packet Pg. 2211 1.2 381.986 Medical use of marijuana.— (11) PREEMPTION. Regulation of cultivation, processing, and delivery of mar�uana by medical marUuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical mar�uana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. (b)1. A county or municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities.from being located within the boundaries of that county or municipality. A county or municipality that does not ban dispensing facilities under this subparagraph may not place specific limits, by ordinance, on the number of dispensing facilities that may locate within that county or municipality. 2. A municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical mar�uana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that county. Except as provided in paragraph (c), a county or municipality may not enact ordinances .for permitting or .for determining the location o f dispensing.facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marUuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986(8)(b), Florida Statutes 2016, is not subject to the location requirements of this subsection. (c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or municipality approves the location through a.formal proceeding open to the public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community. (d) This subsection does not prohibit any local jurisdiction from ensuring medical marUuana treatment center facilities comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code. 465.003 Definitions.As used in this chapter, the term: (11)(a) "Pharmacy" includes a community pharmacy, an institutional pharmacy, a nuclear pharmacy, a special pharmacy, and an Internet pharmacy. 1. The term "community pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis. Packet Pg. 2212 1.2 2. The term "institutional pharmacy" includes every location in a hospital, clinic, nursing home, dispensary, sanitarium, extended care facility, or other facility, hereinafter referred to as "health care institutions, " where medicinal drugs are compounded, dispensed, stored, or sold. 3. The term "nuclear pharmacy" includes every location where radioactive drugs and chemicals within the classification of medicinal drugs are compounded, dispensed, stored, or sold. The term "nuclear pharmacy"does not include hospitals licensed under chapter 395 or the nuclear medicine facilities of such hospitals. 4. The term "special pharmacy" includes every location where medicinal drugs are compounded, dispensed, stored, or sold if such locations are not otherwise defined in this subsection. 5. The term `Internet pharmacy" includes locations not otherwise licensed or issued a permit under this chapter, within or outside this state, which use the Internet to communicate with or obtain information from consumers in this state and use such communication or information to fill or refill prescriptions or to dispense, distribute, or otherwise engage in the practice of pharmacy in this state. Any act described in this definition constitutes the practice of pharmacy as defined in subsection (13). As provided in Section 381.986(11), F.S., the County has the choice to either: (1)ban medical marijuana treatment center dispensing facilities, or (2) amend the Land Development Code to allow medical marijuana treatment center dispensing facilities within the same zoning districts that allow pharmacies. Pharmacies as described in state statute would be permitted within unincorporated Monroe County under the commercial retail use (for a community pharmacy, special pharmacy, internet pharmacy or institutional pharmacy not located in a hospital) or as an institutional use (for an institutional pharmacy located in a hospital). Commercial retail and institutional uses are already identified within the Land Development Code zoning districts and the ability to develop these uses in each district varies from as-of-right, minor conditional use permit and major conditional use permit. The attached table depicts where the commercial retail and institutional uses are included in the zoning districts within the Land Development Code and where medical marijuana treatment center dispensing facilities could be permitted if the County chooses not to ban the medical marijuana treatment center dispensing facilities. The table notes that 14 zoning districts would be available for the establishment of the medical marijuana treatment center dispensing facilities. If not banned, the County may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies. If the County chooses not to ban the medical marijuana treatment center dispensing facilities, staff will propose amendments to the Land Development Code to permit the facilities. Potential amendments may be as follows: Section 101-1 Packet Pg. 2213 1.2 Commercial retail use means a use providing primarily for the sale of consumer goods, products, merchandise or services at retail, including the medical marijuana treatment center dispensing facilities. Commercial retail uses are subdivided into the following intensity classifications: (1) Commercial retail low-intensity means commercial retail uses that generate less than 50 average daily trips per 1,000 square feet of floor area. (2) Commercial retail medium-intensity means retail uses that generate between 50 and 100 average daily trips per 1,000 square feet of floor area. (3) Commercial retail high-intensity means retail uses that generate above 100 average daily trips per 1,000 square feet of floor area. Institutional use means a use that serves the religious, educational, cultural, scientific, research, social service, or health needs of the community, including but not limited to, educational and scientific research facilities that serve the region and day care and preschool facilities as well as medical marijuana treatment center dispensing facilities within a health care institution. Medical marijuana treatment center dispensia facility means a facility that dispenses Low- THC cannabis for medical uses, as provided in Section 381.986, F.S. The dispensing facility acility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the location is approved through a formal proceeding open to the public at which the county determines that the location promotes the public health, safety, and general welfare of the community_ Additionally, all dispensing facilities must comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code. If the County chooses to ban the medical marijuana treatment center dispensing facilities, staff will propose amendments to the Land Development Code to ban the facilities. Potential amendments may be as follows: Section 101-1 Commercial retail use means a use providing primarily for the sale of consumer goods, products, merchandise or services at retail. Medical marijuana treatment center dispensing facilities are expressly excluded from commercial retail uses. Commercial retail uses are subdivided into the following intensity classifications: (1) Commercial retail low-intensity means commercial retail uses that generate less than 50 average daily trips per 1,000 square feet of floor area. (2) Commercial retail medium-intensity means retail uses that generate between 50 and 100 average daily trips per 1,000 square feet of floor area. (3) Commercial retail high-intensity means retail uses that generate above 100 average daily trips per 1,000 square feet of floor area. Institutional use means a use that serves the religious, educational, cultural, scientific, research, social service, or health needs of the community, including but not limited to, educational and scientific research facilities that serve the region and day care and preschool Packet Pg. 2214 1.2 facilities but does not include medical marijuana treatment center dispensing facilities within a health care institution. Medical marijuana treatment center dispensing facility means a facility that dispenses Low- THC cannabis for medical uses, as defined in Section 381.986, F.S. The term includes an organization, entity or individual engaged in acquiring, cultivating, possessing, processing (including development of related products such as food, tinctures, aerosols, oils, or ointments) transferring, transporting, selling, distributing, dispensing, or administering marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers; provided however, the foregoing list expressly excludes cultivation, processing and delivery of marijuana (preempted pursuant to F.S. § 381.986(11)). Medical marijuana treatment center dispensing facilities are specifically prohibited in all zoning districts. PREVIOUS RELEVANT BOCC ACTION: The Board of County Commissioners adopted Resolution 047-2017, on February 15, 2017, directing staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications for the establishment of medical marijuana dispensing facilities commencing February 15, 2017. The Board of County Commissioners adopted interim development Ordinance 010-2017 on July 19, 2017, deferring the approval of new private applications for the establishment of medical marijuana dispensing facilities commencing February 15, 2017. The Board of County Commissioners adopted interim development Ordinance 019-2018 on August 15, 2018, deferring the approval of new private applications for the establishment of medical marijuana dispensing facilities extending the IDO for an additional 365 days. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: Direction to either ban medical marijuana treatment center dispensing facilities or to amend the Land Development Code to allow medical marijuana treatment center dispensing facilities within the same zoning districts that allow pharmacies. DOCUMENTATION: Table with Commercial Retail or Institutional Uses medical marijuana potential locations Potential locations for medical marijuana dispensing facilities Ord. 010-2017 IDO Ord 019-2018_IDO Chapter 2017-232 Laws of Florida SB8-A_medical marijuana FINANCIAL IMPACT: Packet Pg. 2215 1.2 Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Cheryl Cioffari Completed 06/20/2019 5:28 PM Steve Williams Completed 06/21/2019 1:01 PM Maureen Proffitt Completed 06/21/2019 1:31 PM Assistant County Administrator Christine Hurley Completed 06/25/2019 1:33 PM Budget and Finance Completed 06/27/2019 10:50 AM Maria Slavik Completed 06/28/2019 9:53 AM Kathy Peters Completed 06/28/2019 11:12 AM Board of County Commissioners Pending 07/17/2019 9:00 AM Packet Pg. 2216 N N N Ln a O to M 111 m a -2 -2 -2 -2 o -0 o -0 o -0 o -0 C y cu U U U U) a -6 E -6 E -6 E -6 E U � U U) U � _ a) a) O L C) X X X oQ X Q'yO = o = o = o� ff � _ E E E E c� cu a) o cu a) o cu a) o cu a) o 00 .� E E E E E E E E O = = o o o o +� N = U U U U O o � 0 cn t cn a� L (6 O X C O N - Q �c A 67 V V C C) C y Y L t Q a E rn } T m m rn Q C m C J Y m 0 m m U c O p 0 0 o v, iz y O 'o -o -o -a o ff O m c u u u o 0 O O: C� v O O O O N i C) E n Q G E � Np U U U U U U U U U U 2 � Ln a N 2 \ IL � k k k k k f f E \ o = o = � _ a »g = w �\ �\ » % / \ / ¥ = 2 ¥ = 2 \ b c § Q \ / / \ / / 23 ® 70 - - ) / \ @ / $ Fs $ Fs x ° »- o eE � t\ x x \ �\ \\ ƒ 0 \M\ E \ E = 2 E 2 E U) (D \ k2 \ k2 / \ \ / a E / » E / » $ E \ » \ � o = � b / \ / \ \ E 7 \ \ cu 5 � / � k § @ e ).#/ a �% $ / 7 $% § m m _ E _ s 7gm % s x § x777 $ § \ � � - (D \o ® _ ( \ \ \ 0 2 m 2 § b 7 •/ n 7 2 E t $ o = 2 - k g � © o ' .2 .V) § � E 'a E _ 7 � ) � £ ; � c $ _ § � _ � ._ c ± 6 '§ - 22 ° M § a2 �_ 2 c 2 0e k # u / � § nkE � _ £ § _ 2 kkk k � \ 2 $ / E 7 § 2 0 c _ = 9 = E p 0u / CL £ ƒ� m 2 � Ln a / 2 \ IL � k k k k $ _ _ $ $ _ _ $ aCU 0 222 0 R $ 2 =L R $ 2 =@ \ ) 0 cu � � / ) - 0C $ / » Eo u - e / » Eo U - e " 0 o e . o o e � 2 » / % \ § \ » / � � \ § I\ _0 2e $ \ /C0C C S2\® \ / � * _ ® \ � * �_2 \ \ 2 � e o ] 7 ] 7k � C �/ - % / / $ % % Z / 7 E IZ7 E _$% » § � S » S§ *amE o a & E »f E / / E »f - E / / E / / E o g E [ / E o E 0 0 0 0 = ® = kE kk » C ® k » C ® o � o = ® = � = a % / = e / E = a % = e U) ° qb / ® ) ° qbU) / / ®®D0 ) / ® \ q o U) b \ E / - » \ E U) b f / / \ \ \ \ / \ \ / / \ \ \ / xkI E ° a ® I \ cu I E\ (kE kZ' S S S S ® age g = e » » / / \ » » ® » » ° ° � » »- ® o e = = o e / § o e \ f / o e / § E C) E U) / b % \ @ E u) 0 (D0 0 (D § / \ %- 0 (D o U) o a 2 o U) o a 2 0 -0 * » \ 3 *2 = = 3 *2 = = / % » % * / % » % * 7 $ o § � > \ $ $ o § � > \ $ _ % £ \® ° ° U) � � � (D® (s s D a ¥ E m :C §xt cu C xt3CC _E / E ) � ) 2/ 2E / E / �/\ % e E \ ag / Eg \ \ %% Eg E > ZE E > ZE / ® § ® §= m = m% / % / - 0 7 k 2 2 2 n c \ 7 in k g 2 :3 § � k $ E 3 % 7 _ « p LL. 2 W § ° 2 m n x - = E _ m / u - • 2 � 2 S � J J e .. . . .. . .. . .. .. . .. ... . .. . . . ... . . . . ... 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U) 2 This Ordinance was adopted by the Monroe County Board of County Commissioners at a 0 regular meeting, held in formal session, on July 19, 2017. Should you have any questions, please feel free to contact me at (305) 295-3130. cm Respectfully Submitted, Kevin Madok, CPA, Clerk of the Circuit Court & Comptroller& ex-officio to the Monroe County Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Growth Management County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 2222 1.2.c MONROE COUNTY, FLORIDA ORDINANCE 010 -2017 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS TO DEFER THE ACCEPTANCE AND APPROVAL OF ° NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSING FACILITIES COMMENCING FEBRUARY 15, 2017, UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 047- 2017, at a regular meeting on February 15, 2017 in Key West, Florida, directed staff to process an ordinance to impose a temporary moratorium deferring the approval of new private applications for the M establishment of medical marijuana dispensing facilities commencing February 15, 2017; and WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida Statutes, Monroe County possesses the police powers to enact Resolutions in order to protect the cm health, safety, and welfare of the County's citizens; and WHEREAS, the Monroe County Board of County Commissioners determines that it is in the best interest of its residents, businesses and visitors to enact sufficient zoning regulations to ensure their health, safety and welfare; and WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not currently addressed by the County Land Development Code or the Comprehensive Plan; and WHEREAS, Amendment 2 to the Florida Constitution, and the expanded qualifying medical conditions, became effective on January 3, 2017; and WHEREAS, Amendment 2 requires the Florida Department of Health to: issue regulations for implementation of the amendment within 6 months (July 3, 2017); and 2017-055 Page 1 of 3 Packet Pg. 2223 1.2.c WHEREAS, Florida Department of Health rulemaking is ongoing and several statutory amendments are under review in the current Legislative Session; and WHEREAS, Section 381.986(8)(b), F.S., permits counties to "determine by ordinance the criteria for the number, location, and other permitting requirements that do not conflict with state law or department rule for all dispensing facilities of dispensing organizations located within the unincorporated areas of that county" and WHEREAS. a temporary moratorium on the acceptance and approval of applications for the processing of, and the issuance of development permits, development orders or any other official action of Monroe County permitting or having the effect of permitting new medical marijuana dispensing facilities will allow time to review, study, hold public hearings, and prepare and adopt an ° amendment or amendments to the Land Development Code and the Comprehensive Plan to address this new and unique use: and WHEREAS, adoption an ordinance addressing the interim time period between the current 0 adopted comprehensive plan and land development code and the adoption of any new amendment(s) [new definitions and/or other code requirements] is necessary to ensure that any requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of unincorporated Monroe County, including the provision of public participation in the planning process; 0 r_ NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY: Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department shall defer the approval of new applications for the establishment of medical marijuana dispensing facilities commencing February 15, 2017. Providing for expiration within 365 days of the effective date of an interim development ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first. Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the cm adoption of Comprehensive Plan and Land Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning Agency as required by F.S. 380.05(11) and F.S. 380.0552(9). 2017-055 Page 2 of 3 Packet Pg. 2224 1.2.c Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land development regulation" as State law defines that term. This ordinance shall be filed in the Office of the Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land Planning Agency or Administration Commission finding the amendment in compliance, and if challenged until such challenge is resolved pursuant to Chapter 120, F.S. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting held on the 19th day of July , 2017. Mayor George Neugent Yes Mayor Pro Tem David Rice Yes Commissioner Danny L. Kolhage Yes Commissioner Heather Carruthers Yes 2 Commissioner Sylvia Murphy Yes 0 BOARD OF COUNTY COMMISSIONERS t� OF MONROE COUNTY, FLORIDA BY ayor George Neugent (.SEALS"'f' A�TF ' KEVIN MADOK, CLERK M DEPUTY CLERK MONROE COUNTY IJORNEY AP VED AS T M:• -�;�VLN T. WVVILLIAMS ASSIS ii NT COUNTY TTORNEY Data 6/Z7 "7 ' 3 a Orn � aCC O 52 ;z. c �x 4<C-) _ rn n W O r to ;;0 Vol 0 p 2017-055 Page 3 of 3 Packet Pg. 2225 1 2 3 MONROE COUNTY, FLORIDA 4 ORDINANCE NO.019 -2018 5 ° 6 AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY 7 COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE AS 2 8 INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE 010-2017 9 FOR AN ADDITIONAL 365 DAYS TO DEFER THE ACCEPTANCE AND 10 APPROVAL OF NEW APPLICATIONS FOR THE ESTABLISHMENT OF MEDICAL t� 11 MARIJUANA DISPENSING FACILITIES COMMENCING OCTOBER 27, 2018, 12 UNTIL SUCH TIME AS A COMPREHENSIVE PLAN AND LAND DEVELOPMENT 13 CODE AMENDMENT PROCESS IS COMPLETED REGARDING MEDICAL 14 MARIJUANA DISPENSING FACILITIES AND PROVIDING FOR EXPIRATION 15 WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS INTERIM DEVELOPMENT 16 ORDINANCE OR WHEN THE COMPREHENSIVE PLAN AND LAND 17 DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE, WHICHEVER 18 COMES FIRST; PROVIDING FOR SEVERABILITY; PROVIDING FOR 19 TRANSMITTAL TO THE STATE LAND PLANNING AGENCY AND THE U' 20 SECRETARY OF STATE;PROVIDING FOR AN EFFECTIVE DATE. (FILE 2018-088) M 21 co 22 WHEREAS,pursuant to Article 8 of the Florida Constitution and Section 125.66,Florida Statutes, cm 23 Monroe County possesses the police powers to enact ordinances in order to protect the health, safety, and 24 welfare of the County's citizens; and 25 26 WHEREAS, the Board of County Commissioners of Monroe County, at a regular meeting on 27 15th day of February, 2017 in Key West, Florida adopted Resolution No. 47-2017 directing the Monroe E 28 County Planning and Environmental Resources Department to process an Ordinance to impose a 29 temporary moratorium upon the acceptance and processing of new applications for the establishment of 30 medical marijuana dispensing facilities; and 31 32 WHEREAS,the Board of County Commissioners of Monroe County, at a regular meeting on 19cn 33 day of July, 2017 in Marathon, Florida adopted Ordinance 010-2017. imposing a temporary moratorium 34 upon the acceptance and processing of new applications for the establishment of medical marijuana 35 dispensing facilities; and File 2018-088 Page 1 of 4 Packet Pg. 2226 I WHEREAS,the Monroe County Board of County Commissioners determines that it is in the best 2 interest of its residents,businesses and visitors to enact sufficient zoning regulations to ensure their health, 3 safety and welfare; and 4 5 WHEREAS, medical marijuana dispensing facilities are a new and unique use which is not 6 currently addressed by the County Land Development Code or the Comprehensive Plan; and 7 8 WHEREAS, Section 381.986(8)(b), Fla. Stat., permits counties to "determine by ordinance the 9 criteria for the number, location, and other permitting requirements that do not conflict with state law or a 10 department rule for all dispensing facilities of dispensing organizations located within the unincorporated 11 areas of that county"; and 7Z 12 13 WHEREAS, an extension to the temporary moratorium on the acceptance of applications for,the 14 processing of, and the issuance of development permits, development orders or any other official action 15 of Monroe County permitting or having the effect of permitting new medical marijuana dispensing 16 facilities will allow time to review, study, hold public hearings, and prepare and adopt an amendment or 17 amendments to the Land Development Code and the Comprehensive Plan to address this new and unique 18 use; and 19 20 WHEREAS, adoption of this ordinance will further the health, safety and welfare of the citizens 21 of Monroe County. 22 U) 23 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS 24 OF MONROE COUNTY: M 25 26 SECTION 1: Recitals. The above recitals are true and are hereby adopted and confirmed. 27 co 28 SECTION 2: Purpose. The Purpose of this ordinance is to preserve the status quo and enable cm 29 sufficient time for the County to review, study, hold public hearings,prepare and adopt provisions to the 30 Land Development Code and/or Comprehensive Plan, relating to the appropriate locations for medical 31 marijuana dispensing facilities, if any. a. 32 33 SECTION 3. Zoning in Progress. Monroe County hereby recognizes that County staff intends 34 to study and prepare regulations that would result in the regulation of medical marijuana dispensing 35 facilities. These regulations, if adopted, will amend the County Land Development Code and/or the 36 Comprehensive Plan.All affected property and business owners are placed on notice with respect to these 37 pending regulations and the action being taken by the appropriate departments within the County. 38 39 SECTION 4: Moratorium. 40 A. For a period of 365 days from the effective date of this Ordinance,the County shall not accept, File 2018-088 Page 2 of 4 Packet Pg. 2227 1.2.d 1 process or take any action on any application for a development permit, development order or 2 take any other official action which would have the effect of allowing or permitting the 3 development of medical marijuana dispensing facilities, except as provided in this ordinance. 4 Should the County adopt Amendments to the Land Development Code and Comprehensive 5 Plan prior to the 365 days' time, said application for medical marijuana dispensing facilities 6 shall be accepted upon the effective date of any such amendments. 7 B. This Ordinance shall not restrict, prohibit or otherwise prevent a property owner from the 8 reasonable use of their land or from developing their land in accordance with the 9 Comprehensive Plan. a 10 C. The adoption of this Ordinance is undertaken by the County in good faith and is intended to 11 further the goals of the Monroe County Comprehensive Plan and Chapter 163,Florida Statutes. 2 12 D. The limited duration of this moratorium has been established to accomplish the appropriate 13 study, planning and analysis for future development through the Monroe County 14 Comprehensive Plan amendment process as described in Chapter 163,Part II,Florida Statutes, 15 and the Comprehensive Plan. 16 SECTION 5: Definition. The following definitions apply to the terms used in this Ordinance: r_ 17 A. "Marijuana" has the meaning given cannabis in section 893.02 (3), Florida Statutes (2014), 18 and in addition, "low-THC cannabis" as defined in section 381.986 (1)(b), Florida Statutes 19 (2014). 20 B. "Medical Marijuana Dispensing Facility" means any establishment where low-THC, medical 21 cannabis Marijuana is permitted to be dispensed by an approved dispensing organization 22 pursuant to section 381.986, Florida Statutes and Florida Department of Health Rules or such 23 subsequently enacted rules and at Medical Marijuana Treatment Centers. 24 SECTION 6: Vested Rights. co 25 A. Nothing in this Ordinance shall be construed or applied to abrogate the vested right of a cm 26 property owner to complete development where the property owner demonstrates each of the 27 following: 28 1. A government act of development approval was obtained prior to the effective date of 29 this Ordinance; and 30 2. The property owner has detrimentally relied, in good faith, on the governmental 31 approval by making substantial change in position or incurring extensive obligation 32 and expanses; and 33 3. It would be highly inequitable to deny the property owner the right to complete the 34 development. 35 B. Any property owner claiming to have vested rights must seek a determination from the 36 Planning Official pursuant to the procedures in the Land Development Code thirty (30) days 37 after the effective date of this Ordinance. File 2018-088 Page 3 of 4 Packet Pg. 2228 1.2.d 1 SECTION 7: Applicability. This Ordinance shall be applicable in the unincorporated areas of 2 Monroe County. 3 4 SECTION 8: Severability. If any section, subsection, sentence, clause, phrase, or provision of 5 this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, 6 such holding shall not be construed to render the remaining provisions of this ordinance invalid or 7 unconstitutional. 8 9 SECTION 9: Filing of Ordinance and Effective Date. This Ordinance shall take effect upon a 10 filing with the Florida Department of State. 11 7z 12 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a 13 regular meeting of the Board held on the15 ttday of August , 2018. 0 14 C) 15 16 Mayor David Rice,District 4 Yes 17 Mayor Pro Tern Sylvia J. Murphy, District 5 Yes 18 Danny L. Kolhage,District 1 Yes or 19 George Neugent, District 2 Yes -•n 20 Heather Carruthers, District 3 Yes 21 d 22 �r2: 23 Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONER" 55 24 OF MONROE ,AFL A �.`� 2 � . By: . M, Mayor David Rice co AOONROE COUI$Ty ATTORNEY r� 1L 'EDE AT 7901IM: o.T COUNT ASSISTANT C, TY ATTORNEY V ' v File 2018-088 Page 4 of 4 Packet Pg. 2229 CKevin Madok, CPA Clerk of the Circuit Court& Com troller— Monroe Count Florida Y1 September 4, 2018 Department of State Administrative Code & Register 500 S Bronough Street Tallahassee FL 32399-0250 �, To Whom It May Concern, E Attached is an electronic copy of Ordinance No. 019-2018 extending an Interim 0 Development Ordinance as initially established on July 19, 2017 through Ordinance 010-2017for an � additional 365 days to defer the acceptance and approval of new applications for the establishment of medical marijuana dispensing facilities commencing October 27, 2018,until such time as a Comprehensive Plan or Land Development Code amendment process is completed regarding medical marijuana dispensing facilities and providing for expiration within 365 days of the effective r_ date of this Interim Development Ordinance or when the Comprehensive Plan and Land Development Code amendments become effective, whichever comes first;providing for 2 severability;providing for transmittal to the State Land Planning Agency and the Secretary of State; providing for amendment to the Land Use District(Zoning)Map;providing for an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a U) regular meeting, held in formal session, on August 15, 2018. Should you have any questions, 0 please feel free to contact me at (305) 292-3550. 0 0 Respectfully Submitted, i co oo Kevin Madok, CPA, Clerk of cm the Circuit Court & Comptroller & ex-officio to the Monroe County Board of County Commissioners 0 by: Pamela G. Hancock, D.C. E cc: Planning & Environmental County Administrator County Attorney BOCC File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2230 FLORIDA DEPARTMENT E STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 4, 2018 a� 0 Honorable Kevin Madok � Clerk of the Circuit Court Monroe County 500 Whitehead Street, Suite 101 Key West, Florida 33040 r_ Attention: Pamela Hancock 2 Dear Mr. Madok Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your U) electronic copy of Monroe County Ordinance No. 2018-019, which was filed in this office on September 4, 0 2018. 0 O Sincerely, i co oo cm Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us Packet Pg. 2231 1.2.e CHAPTER 2017-232 Senate Bill No. 8-A An act relating to medical use of marijuana; providing legislative intent; amending s. 212.08, F.S.; providing an exemption from the state tax on sales, use, and other transactions for marijuana and marijuana delivery 2 devices used for medical purposes; amending s. 381.986, F.S.; providing, revising, and deleting definitions;providing qualifying medical conditions for a patient to be eligible to receive marijuana or a marijuana delivery device; providing requirements for designating a qualified physician or medical director;providing criteria for certification of a patient for medical marijuana treatment by a qualified physician; providing for certain patients registered with the medical marijuana use registry to be deemed 5 qualified; requiring the Department of Health to monitor physician 0 registration and certifications in the medical marijuana use registry; requiring the Board of Medicine and the Board of Osteopathic Medicine to create a physician certification pattern review panel; providing rulemak- ing authority to the department and the boards;requiring the department to establish a medical marijuana use registry; specifying entities and persons who have access to the registry; providing requirements for registration of,and maintenance of registered status by,qualified patients and caregivers; providing criteria for nonresidents to prove residency for 2 registration as a qualified patient; defining the term "seasonal resident"; 0 authorizing the department to suspend or revoke the registration of a patient or caregiver under certain circumstances;providing requirements for the issuance of medical marijuana use registry identification cards; requiring the department to issue licenses to a certain number of medical U� marijuana treatment centers; providing for license renewal and revoca- tion; providing conditions for change of ownership; providing for con- tinuance of certain entities authorized to dispense low-THC cannabisLL medical cannabis, and cannabis delivery devices; requiring a medical marijuana treatment center to comply with certain standards in the U) production and distribution of edibles; requiring the department to establish, maintain, and control a computer seed-to-sale marijuana tracking system; requiring background screening of owners, officers, CN C, board members, and managers of medical marijuana treatment centers; requiring the department to establish protocols and procedures for operation, conduct periodic inspections, and restrict location of medical marijuana treatment centers; providing a limit on county and municipal permit fees; authorizing counties and municipalities to determine the location of medical marijuana treatment centers by ordinance under certain conditions; providing penalties; authorizing the department to impose sanctions on persons or entities engaging in unlicensed activities; providing that a person is not exempt from prosecution for certain offenses and is not relieved from certain requirements of law under certain circumstances; providing for certain school personnel to possess marijua- na pursuant to certain established policies and procedures;providing that 1 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2232 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 certain research institutions may possess, test, transport, and dispose of marijuana subject to certain conditions;providing applicability;amending ss. 458.331 and 459.015, F.S.; providing additional acts by a physician or an osteopathic physician which constitute grounds for denial of a license or disciplinary action to which penalties apply; creating s. 381.988, F.S.; providing for the establishment of medical marijuana testing laboratories; requiring the Department of Health,in collaboration with the Department of Agriculture and Consumer Services and the Department of Environ- mental Protection, to develop certification standards and rules;providing limitations on the acquisition and distribution of marijuana by a testing laboratory;providing an exception for transfer of marijuana under certain conditions; requiring a testing laboratory to use a department-selected computer tracking system; providing grounds for disciplinary and administrative action; authorizing the department to refuse to issue or renew, or suspend or revoke, a testing laboratory license; creating s. � 381.989, F.S.; defining terms; directing the department and the Depart- 0 ment of Highway Safety and Motor Vehicles to institute public education campaigns relating to cannabis and marijuana and impaired driving; requiring evaluations of public education campaigns; authorizing the department and the Department of Highway Safety and Motor Vehicles to contract with vendors to implement and evaluate the campaigns; amend- ing ss. 385.211, 499.0295, and 893.02, F.S.; conforming provisions to changes made by the act; creating s. 1004.4351, F.S.; providing a short M title; providing legislative findings; defining terms; establishing the Coalition for Medical Marijuana Research and Education within the H. E Lee Moffitt Cancer Center and Research Institute, Inc.; providing a purpose for the coalition; establishing the Medical Marijuana Research00 and Education Board to direct the operations of the coalition;providing for ca ca the appointment of board members; providing for terms of office, I reimbursement for certain expenses, and meetings of the board; authoriz- ing the board to appoint a coalition director; prescribing the duties of the coalition director; requiring the board to advise specified entities and officials regarding medical marijuana research and education in this state; requiring the board to annually adopt a Medical Marijuana U) Research and Education Plan; providing requirements for the plan; requiring the board to issue an annual report to the Governor and the Legislature by a specified date; requiring the Department of Health to submit reports to the board containing specified data; specifying respon- sibilities of the H. Lee Moffitt Cancer Center and Research Institute, Inc.; amending s. 1004.441, F.S.; revising definition; amending s. 1006.062, F.S.; requiring district school boards to adopt policies and procedures for access to medical marijuana by qualified patients who are students; providing emergency rulemaking authority; providing for venue for a 0 cause of action against the department; providing for defense against certain causes of action; directing the Department of Law Enforcement to develop training for law enforcement officers and agencies; amending s. 385.212, F.S.; renaming the department's Office of Compassionate Use; providing severability; providing a directive to the Division of Law 2 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2233 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 Revision and Information; providing appropriations; providing an effec- tive date. Be It Enacted by the Legislature of the State of Florida: Section 1. Legislative intent.—It is the intent of the Legislature to implement s. 29, Article X of the State Constitution by creating a unified regulatory structure. If s. 29,Article X of the State Constitution is amended or a constitutional amendment related to cannabis or marijuana is adopted, this act shall expire 6 months after the effective date of such amendment. Section 2. Present paragraph (1) of subsection (2) of section 212.08, Florida Statutes,is redesignated as paragraph(m), and a new paragraph(1) a is added to that subsection, to read: 2 U) U) 212.08 Sales, rental, use, consumption, distribution, and storage tax; specified exemptions.—The sale at retail, the rental, the use, the consump- tion,the distribution, and the storage to be used or consumed in this state of the following are hereby specifically exempt from the tax imposed by this chapter. ° (2) EXEMPTIONS; MEDICAL.— (1) Marijuana and marijuana delivery devices, as defined in s. 381.986, are exempt from the taxes imposed under this chapter. Section 3. Section 381.986, Florida Statutes, is amended to read: 15 (Substantial rewording of section. See 00 ca s. 381.986, F.S., for present text.) U) M 381.986 Medical use of marijuana.— (1) DEFINITIONS.—As used in this section, the term: 4- 0 (a) "Caregiver" means a resident of this state who has agreed to assist U) with a qualified patient's medical use of marijuana, has a caregiver identification card, and meets the requirements of subsection (6). M (b) "Chronic nonmalignant pain" means pain that is caused by a qualifying medical condition or that originates from a qualifying medical condition and persists beyond the usual course of that qualifying medical 04 condition. (c) "Close relative" means a spouse, parent, sibling, grandparent, child, or grandchild, whether related by whole or half blood, by marriage, or by adoption. (d) "Edibles" means commercially produced food items made with marijuana oil, but no other form of marijuana, that are produced and Um dispensed by a medical marijuana treatment center. 3 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2234 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (e) "Low-THC cannabis"means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more than 10 percent of cannabidiol weight for weight;the seeds thereof;the resin extracted from any part of such plant;or any compound,manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed from a medical marijuana treatment center. r_ (f) "Marijuana" means all parts of any plant of the genus Cannabis, whether growing or not;the seeds thereof;the resin extracted from any part of the plant; and every compound,manufacture, salt,derivative,mixture, or preparation of the plant or its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana treatment center for medical use by a qualified patient. (g) "Marijuana delivery device" means an object used, intended for use, or designed for use in preparing, storing, ingesting, inhaling, or otherwise 0 introducing marijuana into the human body, and which is dispensed from a A medical marijuana treatment center for medical use by qualified patient. (h) "Marijuana testing laboratory" means a facility that collects and analyzes marijuana samples from a medical marijuana treatment center and has been certified by the department pursuant to s. 381.988. (i) "Medical director" means a person who holds an active, unrestricted license as an allopathic physician under chapter 458 or osteopathic physician under chapter 459 and is in compliance with the requirements 4) of paragraph (3)(c). 1 15 (i) "Medical use" means the acquisition, possession, use, delivery, 00 ca transfer, or administration of marijuana authorized by a physician clai certification. The term does not include. a 1. Possession, use, or administration of marijuana that was not LL purchased or acquired from a medical marijuana treatment center. 0 2. Possession,use,or administration of marijuana in a form for smoking, U) in the form of commercially produced food items other than edibles, or of marijuana seeds or flower, except for flower in a sealed, tamper-proof receptacle for vaping_ 3. Use or administration of any form or amount of marijuana in a manner that is inconsistent with the qualified physician's directions or physician certification. 4. Transfer of marijuana to a person other than the qualified patient for whom it was authorized or the qualified patient's caregiver on behalf of the qualified patient. 5. Use or administration of marijuana in the following locations: a. On any form of public transportation, except for low-THC cannabis. 4 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2235 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 b. In any public place, except for low-THC cannabis. c. In a qualified patient's place of employment,except when permitted by his or her employer. d. In a state correctional institution, as defined in s. 944.02, or a correctional institution, as defined in s. 944.241. e. On the grounds of a preschool, primary school, or secondary school, 0 except as provided in s. 1006.062. f. In a school bus, a vehicle, an aircraft, or a motorboat, except for low- THC cannabis. (k) "Physician certification"means a qualified physician's authorization for a qualified patient to receive marijuana and a marijuana delivery device from a medical marijuana treatment center. Mp (1) "Qualified patient"means a resident of this state who has been added to the medical marijuana use registry by a qualified physician to receive marijuana or a marijuana delivery device for a medical use and who has a qualified patient identification card. ° (m) "Qualified physician" means a person who holds an active, unrest- ricted license as an allopathic physician under chapter 458 or as an osteopathic physician under chapter 459 and is in compliance with the physician education requirements of subsection (3). (n) "Smoking" means burning or igniting a substance and inhaling the 00 smoke. ca U) (o) "Terminal condition" means a progressive disease or medical or surgical condition that causes significant functional impairment, is not considered by a treating physician to be reversible without the administraLL - tion of life-sustaining procedures,and will result in death within 1 year after diagnosis if the condition runs its normal course. U) (2) QUALIFYING MEDICAL CONDITIONS.—A patient must be diag_ nosed with at least one of the following conditions to qualify to receive marijuana or a marijuana delivery device: (a) Cancer. (b) Epilepsy. (c) Glaucoma. (d) Positive status for human immunodeficiency virus. (e) Acquired immune deficiencysyndrome. (f) Post-traumatic stress disorder. 5 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2236 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (g) Amyotrophic lateral sclerosis. (h) Crohn's disease. C) (i) Parkinson's disease. J) Multiple sclerosis. 0 r_ (k) Medical conditions of the same kind or class as or comparable to those enumerated in paragraphs (a)-J). (1) A terminal condition diagnosed by a physician other than the qualified physician issuing the physician certification. (m) Chronic nonmalignant pain. (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.— MA (a) Before being approved as a qualified physician, as defined in Paragraph (1)(m), and before each license renewal, a physician must successfully complete a 2-hour course and subsequent examination offered 2 by the Florida Medical Association or the Florida Osteopathic Medical ° Association which encompass the requirements of this section and any rules adopted hereunder. The course and examination shall be administered at least annually and may be offered in a distance learning format, including 2 an electronic, online format that is available upon request. The price of the 4) course may not exceed $500. A physician who has met the physician education requirements of former s. 381.986(4), Florida Statutes 2016, 15 00 before the effective date of this section, shall be deemed to be in compliance ca with this paragraph from the effective date of this act until 90 days after the cl)� course and examination required by this paragraph become available. ° (b) A qualified physician may not be employed by., or have any direct or indirect economic interest in, a medical marijuana treatment center or marijuana testing laboratory. 0 (c) Before being employed as a medical director, as defined in paragraph (1)(i), and before each license renewal, a medical director must successfully complete a 2-hour course and subsequent examination offered by the Florida Medical Association or the Florida Osteopathic Medical Association which encompass the requirements of this section and any rules adopted here- under. The course and examination shall be administered at least annually and may be offered in a distance learning format, including an electronic, online format that is available upon request.The price of the course may not exceed $500. (4) PHYSICIAN CERTIFICATION.— (a) A qualified physician may issue a physician certification only if the qualified physician: 6 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2237 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 1. Conducted a physical examination while physically present in the same room as the patient and a full assessment of the medical history of the patient. 2. Diagnosed the patient with at least one qualifying medical condition. r_ 3. Determined that the medical use of marijuana would likely outweigh the potential health risks for the patient, and such determination must be documented in the patient's medical record. If a patient is younger than 18 years of age, a second physician must concur with this determination, and such concurrence must be documented in the patient's medical record. 4. Determined whether the patient is pregnant and documented such determination in the patient's medical record. A physician may not issue a physician certification, except for low-THC cannabis, to a patient who is U) U) pregnant. MA 5. Reviewed the patient's controlled drug�prescription history in the prescription drug monitoring program database established pursuant to s. 893.055. 6. Reviews the medical marijuana use registry and confirmed that the ° patient does not have an active physician certification from another qualified physician. 2 7. Registers as the issuer of the physician certification for the named O qualified patient on the medical marijuana use registry in an electronic manner determined by the department, and: 15 00 a. Enters into the registry the contents of the physician certification, ca U)including the patient's qualifying condition and the dosage not to exceed the daily dose amount determined by the department, the amount and forms of marijuana authorized for the patient, and any ypes of marijuana delivery devices needed by the patient for the medical use of marijuana. 4- 0 b. Updates the registry within 7 days after any change is made to the U) original physician certification to reflect such change. c. Deactivates the registration of the qualified patient and the patient's caregiver when the physician no longer recommends the medical use of marijuana for the patient. 8. Obtains the voluntary and informed written consent of the patient for medical use of marijuana each time the qualified physician issues a physician certification for the patient, which shall be maintained in the patient's medical record. The patient, or the patient's parent or legal guardian if the patient is a minor, must sign the informed consent acknowledging that the qualified physician has sufficiently explained its content. The qualified physician must use a standardized informed consent form adopted in rule by the Board of Medicine and the Board of Osteopathic coo Medicine, which must include, at a minimum, information related to: 7 CODING: Words rfr�v^^ are deletions; words underlined ar Packet Pg. 2238 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 a. The Federal Government's classification of marijuana as a Schedule I controlled substance. b. The approval and oversight status of marijuana by the Food and Drug Administration. c. The current state of research on the efficacy of marijuana to treat the qualifying conditions set forth in this section. d. The potential for addiction. e. The potential effect that marijuana may have on a patient's coordina- tion, motor skills, and cognition, including a warning against operating heavy machinery, operating a motor vehicle, or engaging in activities that require a person to be alert or respond quickly. U, U) f. The potential side effects of marijuana use. MA g. The risks, benefits, and drug interactions of marijuana. h. That the patient's de-identified health information contained in the physician certification and medical marijuana use registry may be used for 2 research purposes. (b) If a qualified physician issues a physician certification for a qualified 2 patient diagnosed with a qualifying medical condition pursuant to para- graph(2)(k),the physician must submit the following to the applicable board 4) within 14 days after issuing the physician certification: 15 1. Documentation supporting the qualified physician's opinion that the 00 ca medical condition is of the same kind or class as the conditions in paragraphs cl)� 2 a ° 2. Documentation that establishes the efficacy of marijuana as treat- ment for the condition. 0 3. Documentation supporting the qualified physician's opinion that the U) benefits of medical use of marijuana would likely outweigh the potential health risks for the patient. m 4. Any other documentation as required by board rule. The department must submit such documentation to the Coalition for Medical Marijuana Research and Education established pursuant to s. 1004.4351. (c) A qualified physician may not issue a physician certification for more than three 70-day supply limits of marijuana. The department shall quantify by rule a daily dose amount with equivalent dose amounts for each allowable form of marijuana dispensed by a medical marijuana treatment center. The department shall use the daily dose amount to calculate a 70-day supply. 8 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2239 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 1. A qualified physician may request an exception to the daily dose amount limit.The request shall be made electronically on a form adopted by the department in rule and must include, at a minimum: C) a. The qualified patient's qualifying medical condition. b. The dosage and route of administration that was insufficient to provide relief to the qualified patient. c. A description of how the patient will benefit from an increased amount. d. The minimum daily dose amount of marijuana that would be sufficient for the treatment of the qualified patient's qualifying medical condition. U) 2. A qualified physician must provide the qualified patient's records upon the request of the department. 0 3. The department shall approve or disapprove the request within 14 days after receipt of the complete documentation required by this paragraph. The request shall be deemed approved if the department fails to act within ' this time period. (d) A qualified physician must evaluate an existing qualified patient at least once every 30 weeks before issuing a new physician certification. A 2 physician must: 1. Determine if the patient still meets the requirements to be issued a 1 physician certification under paragraph (a). 00 ca 2. Identify and document in the qualified patient's medical records whether the qualified patient experienced either of the following related to the medical use of marijuana: a. An adverse drug interaction with any prescription or nonprescription medication; or U) b. A reduction in the use of, or dependence on, other types of controlled substances as defined in s. 893.02. m 3. Submit a report with the findings required pursuant to subparagraph 2. to the department. The department shall submit such reports to the 214 Coalition for Medical Marijuana Research and Education established pursuant to s. 1004.4351. (e) An active order for low-THC cannabis or medical cannabis issued pursuant to former s. 381.986, Florida Statutes 2016, and registered with the compassionate use registry before the effective date of this section, is deemed a physician certification,and all patients possessing such orders are deemed qualified patients until the department begins issuing medical coo marijuana use registry identification cards. 9 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2240 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (f) The department shall monitor physician registration in the medical marijuana use registry and the issuance of physician certifications for practices that could facilitate unlawful diversion or misuse of marijuana or a marijuana delivery device and shall take disciplinary action as appropriate. (g) The Board of Medicine and the Board of Osteopathic Medicine shall 0 jointly create a physician certification pattern review panel that shall review all physician certifications submitted to the medical marijuana use registry. The panel shall track and report the number of physician certifications and the qualifying medical conditions, dosage, supply amount, and form of marijuana certified. The panel shall report the data both by individual qualified physician and in the aggregate, by county, and statewide. The physician certification pattern review panel shall, beginning January 1, 2018, submit an annual report of its findings and recommendations to the .2 Governor, the President of the Senate, and the Speaker of the House of Representatives. MA (h) The department,the Board of Medicine,and the Board of Osteopathic Medicine may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. a a (5) MEDICAL MARIJUANA USE REGISTRY.— (a) The department shall create and maintain a secure, electronic, and online medical marijuana use registry for physicians, patients, and caregivers as provided under this section. The medical marijuana use E registry must be accessible to law enforcement agencies, qualified physi- cians, and medical marijuana treatm15 ent centers to verify the authorization 00 of a qualified patient or a caregiver to possess marijuana or a marijuana ca ca delivery device and record the marijuana or marijuana delivery device dispensed. The medical marijuana use registry must also be accessible to practitioners licensed to prescribe prescription drugs to ensure proper care for patients before medications that may interact with the medical use of marijuana are prescribed.The medical marijuana use registry must prevent an active registration of a qualified patient by multiple physicians. U) (b) The department shall determine whether an individual is a resident of this state for the purpose of registration of qualified patients and caregivers in the medical marijuana use registry. To prove residency 1. An adult resident must provide the department with a copy of his or her valid Florida driver license issued under s. 322.18 or a copy of a valid Florida identification card issued under s. 322.051. 2. An adult seasonal resident who cannot meet the requirements of subparagraph 1. may provide the department with a copy of two of the following that show proof of residential address: a. A deed, mortgage, monthly mortgage statement, mortgage payment booklet or residential rental or lease agreement. 10 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2241 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 b. One proof of residential address from the seasonal resident's parent, step-parent,legal guardian or other person with whom the seasonal resident resides and a statement from the person with whom the seasonal resident 42 resides stating that the seasonal resident does reside with him or her. c. A utility hookup or work order dated within 60 days before registration in the medical use registry. d. A utility bill, not more than 2 months old. e. Mail from a financial institution, including checking, savings, or .a investment account statements, not more than 2 months old. f. Mail from a federal, state, county, or municipal government agency, not more than 2 months old. �; U) g. Any other documentation that provides proof of residential address as 0 MA determined by department rule. 3. A minor must provide the department with a certified copy of a birth certificate or a current record of registration from a Florida K-12 school and must have a parent or legal guardian who meets the requirements of a subparagraph 1. For the purposes of this paragraph, the term"seasonal resident"means any person who temporarily resides in this state for a period of at least 31 v consecutive days in each calendar year, maintains a temporary residence in E this state, returns to the state or jurisdiction of his or her residence at least one time during each calendar year, and is registered to vote or pays income 00 tax in another state or jurisdiction. ca U) (c) The department may suspend or revoke the registration of a qualified patient or caregiver if the qualified patient or caregiver: 1. Provides misleading,incorrect,false, or fraudulent information to the department; U) 2. Obtains a supply of marijuana in an amount greater than the amount authorized by the physician certification; m 3. Falsifies, alters, or otherwise modifies an identification card; 4. Fails to timely notify the department of any changes to his or her qualified patient status; or 5. Violates the requirements of this section or any rule adopted under this section. (d) The department shall immediately suspend the registration of a qualified patient charged with a violation of chapter 893 until final disposition of any alleged offense. Thereafter, the department may extend Um the suspension, revoke the registration, or reinstate the registration. 11 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2242 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (e) The department shall immediately suspend the registration of any caregiver charged with a violation of chapter 893 until final disposition of any alleged offense. The department shall revoke a caregiver registration if the caregiver does not meet the requirements of subparagraph (6)(b)6. (f) The department may revoke the registration of a qualified patient or caregiver who cultivates marijuana or who acquires, possesses, or delivers marijuana from any person or entity other than a medical marijuana treatment center. 4) (g) The department shall revoke the registration of a qualified patient, and the patient's associated caregiver, upon notification that the patient no longer meets the criteria of a qualified patient. (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. MA (6) CAREGIVERS.— (a) The department must register an individual as a caregiver on the medical marijuana use registry and issue a caregiver identification card if an a individual designated by a qualified patient meets all of the requirements of this subsection and department rule. (b) A caregiver must: E 1. Not be a qualified physician and not be employed by or have an economic interest in a medical marijuana treatment center or a marijuana00 testing laboratory. ca cla 2. Be 21 years of age or older and a resident of this state. a 3. Agree in writing to assist with the qualified patient's medical use of marijuana. U) 4. Be registered in the medical marijuana use registry as a caregiver for no more than one qualified patient, except as provided in this paragraph. m 5. Successfully complete a caregiver certification course developed and administered by the department or its designee, which must be renewed biennially. The price of the course may not exceed $100. 6. Pass a background screening pursuant to subsection (9), unless the 0. patient is a close relative of the caregiver. C) (c) A qualified patient may designate no more than one caregiver to assist with the qualified patient's medical use of marijuana, unless: 1. The qualified patient is a minor and the designated caregivers are parents or legal guardians of the qualified patient; 12 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2243 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 2. The qualified patient is an adult who has an intellectual or develop- mental disability that prevents the patient from being able to protect or care for himself or herself without assistance or supervision and the designated 42 caregivers are the parents or legal guardians of the qualified patient; or 3. The qualified patient is admitted to a hospice program. r_ (d) A caregiver may be registered in the medical marijuana use registry as a designated caregiver for no more than one qualified patient, unless: 1. The caregiver is a parent or legal guardian of more than one minor who is a qualified patient; 2. The caregiver is a parent or legal guardian of more than one adult who is a qualified patient and who has an intellectual or developmental disability that prevents the patient from being able to protect or care for himself or 0 herself without assistance or supervision; or A 3. All qualified patients the caregiver has agreed to assist are admitted to a hospice program and have requested the assistance of that caregiver with the medical use of marijuana; the caregiver is an employee of the a® hospice;and the caregiver provides personal care or other services directly to clients of the hospice in the scope of that employment. 2 (e) A caregiver may not receive compensation, other than actual °® expenses incurred, for any services provided to the qualified patient. E (f) If a qualified patient is younger than 18 years of age, only a caregiver 00 may purchase or administer marijuana for medical use by the qualified co patient. The qualified patient may not purchase marijuana. C� (g) A caregiver must be in immediate possession of his or her medical marijuana use registry identification card at all times when in possession ofLL marijuana or a marijuana delivery device and must present his or her medical marijuana use registry identification card upon the request of a law U) enforcement officer. (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (7) IDENTIFICATION CARDS.— (a) The department shall issue medical marijuana use registry identi- fication cards for qualified patients and caregivers who are residents of this state, which must be renewed annually. The identification cards must be resistant to counterfeiting and tampering and must include, at a minimum, the following: 1. The name, address, and date of birth of the qualified patient or caregiver. 13 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2244 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 2. A full-face,passport-type, color photograph of the qualified patient or caregiver taken within the 90 days immediately preceding registration or the Florida driver license or Florida identification card photograph of the qualified patient or caregiver obtained directly from the Department of Highway Safety and Motor Vehicles. 0 3. Identification as a qualified patient or a caregiver. 4. The unique numeric identifier used for the qualified patient in the medical marijuana use registry. 5. For a caregiver, the name and unique numeric identifier of the caregiver and the qualified patient or patients that the caregiver is assisting_ 6. The expiration date of the identification card. (b) The department must receive written consent from a qualified 0 patient's parent or legal guardian before it may issue an identification card to a qualified patient who is a minor. (c) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing procedures for the issuance, renewal, suspension, ° replacement, surrender, and revocation of medical marijuana use registry identification cards pursuant to this section and shall begin issuing qualified patient identification cards by October 3, 2017. 2 (d) Applications for identification cards must be submitted on a form prescribed by the department. The department may charge a reasonable fee 151 associated with the issuance, replacement, and renewal of identification 00 cards. The department shall allocate $10 of the identification card fee to the ca Division of Research at Florida Agricultural and Mechanical University for the purpose of educating minorities about marijuana for medical use and the impact of the unlawful use of marijuana on minority communities. The department shall contract with a third-party vendor to issue identification LL cards. The vendor selected by the department must have experience performing similar functions for other state agencies. U) (e) A qualified patient or caregiver shall return his or her identification card to the department within 5 business days after revocation. (8) MEDICAL MARIJUANA TREATMENT CENTERS.— (a) The department shall license medical marijuana treatment centers to ensure reasonable statewide accessibility and availability as necessary for qualified patients registered in the medical marijuana use registry and who are issued a physician certification under this section. 1. As soon as practicable,but no later than July3,2017,the department shall license as a medical marijuana treatment center any entity that holds an active, unrestricted license to cultivate, process, transport, and dispense low-THC cannabis, medical cannabis, and cannabis delivery devices, under 14 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2245 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 former s. 381.986, Florida Statutes 2016, before July 1, 2017, and which meets the requirements of this section. In addition to the authority granted under this section, these entities are authorized to dispense low-THC 42 cannabis,medical cannabis,and cannabis delivery devices ordered pursuant to former s. 381.986, Florida Statutes 2016, which were entered into the compassionate use registry before July 1, 2017, and are authorized to begin dispensing marijuana under this section on July 3, 2017. The department may grant variances from the representations made in such an entity's original application for approval under former s. 381.986, Florida Statutes 2014, pursuant to Paragraph (e). 2. The department shall license as medical marijuana treatment centers 10 applicants that meet the requirements of this section,under the following parameters: U) U) a. As soon as practicable, but no later than August 1, 2017, the department shall license any applicant whose application was reviewed. M evaluated,and scored by the department and which was denied a dispensing organization license by the department under former s. 381.986, Florida Statutes 2014; which had one or more administrative or judicial challenges pending as of January 1,2017, or had a final ranking within one point of the a highest final ranking in its region under former s. 381.986, Florida Statutes 2014; which meets the requirements of this section; and which provides documentation to the department that it has the existing infrastructure and technical and technological ability to begin cultivating marijuana within 30 days after registration as a medical marijuana treatment center. b. As soon as practicable, but no later than October 3, 2017, the 00 department shall license one applicant that is a recognized class member of Pigford v. Glickman, 185 F.R.D. 82(D.D.C. 1999),or In Re Black Farmers Litig_,856 F. Supp.2d 1(D.D.C.2011)and is a member of the Black Farmers and Agriculturalists Association-Florida Chapter. An applicant licensed under this sub-subparagraph is exempt from the requirements of subpar- agraphs (b)1. and (b)2. 0 U) c. As soon as practicable, but no later than October 3, 2017, the department shall license applicants that meet the requirements of this cm section in sufficient numbers to result in 10 total licenses issued under this subparagraph,while accounting for the number of licenses issued under sub- subparagraphs a. and b. 3. For up to two of the licenses issued under subparagraph 2., the department shall give preference to applicants that demonstrate in their applications that they own one or more facilities that are, or were, used for the canning, concentrating, or otherwise processing of citrus fruit or citrus 0 molasses and will use or convert the facility or facilities for the processing of marijuana. 4. Within 6 months after the registration of 100,000 active qualified patients in the medical marijuana use registry.,the department shall license 15 CODING: Words rfr�v^^ are deletions; words underlined ar Packet Pg. 2246 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 four additional medical marijuana treatment centers that meet the requirements of this section. Thereafter, the department shall license four medical marijuana treatment centers within 6 months after the registration of each additional 100,000 active qualified patients in the medical marijuana use registry that meet the requirements of this section. 0 5. Dispensing facilities are subject to the following requirements: a. A medical marijuana treatment center may not establish or operate more than a statewide maximum of 25 dispensing facilities, unless the medical marijuana use registry reaches a total of 100,000 active registered qualified patients. When the medical marijuana use registry reaches 100,000 active registered qualified patients, and then upon each further instance of the total active registered qualified patients increasing by °2 100,000, the statewide maximum number of dispensing facilities that each licensed medical marijuana treatment center may establish and operate 0 MA increases by five. b. A medical marijuana treatment center may not establish more than the maximum number of dispensing facilities allowed in each of the Northwest, Northeast, Central, Southwest, and Southeast Regions. The ° department shall determine a medical marijuana treatment center's maximum number of dispensing facilities allowed in each region bX calculating the percentage of the total statewide population contained 2 within that region and multiplying that percentage by the medical 4) marijuana treatment center's statewide maximum number of dispensing facilities established under sub-subparagraph a., rounded to the nearest 15 whole number. The department shall ensure that such rounding does not00 cause a medical marijuana treatment center's total number of statewide cl)� dispensing facilities to exceed its statewide maximum.The department shall initially calculate the maximum number of dispensing facilities allowed in each region for each medical marijuana treatment center using county population estimates from the Florida Estimates of Population 2016, as published by the Office of Economic and Demographic Research, and shall U) perform recalculations following the official release of county population data resulting from each United States Decennial Census. For the purposes of this subparagraph: m (I) The Northwest Region consists of Bay, Calhoun, Escambia,Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty, Madison, Okaloosa, Santa Rosa,Taylor, Wakulla, Walton, and Washington Counties. (II) The Northeast Region consists of Alachua, Baker, Bradford, Clay, Columbia, Dixie, Duval, Flagler, Gilchrist, Hamilton, Lafayette, Levy, Marion, Nassau, Putnam, St. Johns, Suwannee, and Union Counties. (III) The Central Region consists of Brevard, Citrus, Hardee, Hernando, Indian River, Lake, Orange, Osceola, Pasco, Pinellas, Polk, Seminole, St. Lucie, Sumter, and Volusia Counties. 16 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2247 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (IV) The Southwest Region consists of Charlotte, Collier, DeSoto, Glades, Hendry, Highlands, Hillsborough, Lee, Manatee, Okeechobee, and Sarasota Counties. C) (V) The Southeast Region consists of Broward, Miami-Dade, Martin, Monroe, and Palm Beach Counties. 0 c. If a medical marijuana treatment center establishes a number of dispensing facilities within a region that is less than the number allowed for that region under sub-subparagraph b., the medical marijuana treatment center may sell one or more of its unused dispensing facility slots to other licensed medical marijuana treatment centers. For each dispensing facility slot that a medical marijuana treatment center sells, that medical marijuana treatment center's statewide maximum number of dispensing facilities, as determined under sub-subparagraph a., is reduced by one. The statewide maximum number of dispensing facilities for a medical marijuana treatment center that purchases an unused dispensing facility slot is A increased by one per slot purchased. Additionally, the sale of a dispensing facility slot shall reduce the seller's regional maximum and increase the purchaser's regional maximum number of dispensing facilities, as deter- mined in sub-subparagraph b.,by one for that region. For any slot purchased a® under this sub-subparagraph, the regional restriction applied to that slot's location under sub-subparagraph b. before the purchase shall remain in effect following the purchase. A medical marijuana treatment center that sells or purchases a dispensing facility slot must notify the department within 3 days of sale. E d. This subparagraph shall expire on April 1, 2020. 00 ca If this subparagraph or its application to any person or circumstance is held C01 invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end, the provisions of this subparagraph are severable. 4- (b) An applicant for licensure as a medical marijuana treatment center shall apply to the department on a form prescribed by the department and U) adopted in rule.The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing a procedure for the issuance and biennial renewal of Cm licenses,including initial application and biennial renewal fees sufficient to 0.4 cover the costs of implementing and administering this section, and establishing supplemental licensure fees for payment beginning May 1, 2018, sufficient to cover the costs of administering ss. 381.989 and 1004.4351. The department shall identify applicants with strong diversity plans reflecting this state's commitment to diversity and implement training programs and other educational programs to enable minority_persons and minority business enterprises,as defined in s.288.703,and veteran business enterprises, as defined in s. 295.187, to compete for medical marijuana treatment center licensure and contracts. Subject to the requirements in subparagraphs (a)2.4, the department shall issue a license to an applicant Um if the applicant meets the requirements of this section and pays the initial 17 CODING: Words rtr�v^^ are deletions; words underlined ar Packet Pg. 2248 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 application fee. The department shall renew the licensure of a medical marijuana treatment center biennially if the licensee meets the require- ments of this section and pays the biennial renewal fee. An individual may not be an applicant,owner, officer,board member,or manager on more than one application for licensure as a medical marijuana treatment center. An individual or entity may not be awarded more than one license as a medical marijuana treatment center. An applicant for licensure as a medical marijuana treatment center must demonstrate: 1. That, for the 5 consecutive years before submitting the application, 'a the applicant has been registered to do business in in the state. 2. Possession of a valid certificate of registration issued by the Depart- ment of Agriculture and Consumer Services pursuant to s. 581.131. U) U) 3. The technical and technological ability to cultivate and produce :3 marijuana, including, but not limited to, low-THC cannabis. A 4. The ability to secure the premises,resources,and personnel necessary to operate as a medical marijuana treatment center. 5. The ability to maintain accountability of all raw materials, finished ° products, and any byproducts to prevent diversion or unlawful access to or possession of these substances. 2 6. An infrastructure reasonably located to dispense marijuana to registered qualified patients statewide or regionally as determined by the department. 00 7. The financial ability to maintain operations for the duration of the 2- ca ca year approval cycle,including the provision of certified financial statements to the department. a a. Upon approval,the applicant must post a$5 million performance bond issued by an authorized surety insurance company rated in one of the three highest rating categories by a nationally recognized rating service. However, U) a medical marijuana treatment center serving at least 1,000 qualified patients is only required to maintain a $2 million performance bond. m b. In lieu of the performance bond required under sub-subparagraph a., the applicant may provide an irrevocable letter of credit payable to the department or provide cash to the department. If provided with cash under this sub-subparagraph,the department shall deposit the cash in the Grants and Donations Trust Fund within the Department of Health, subject to the same conditions as the bond regarding requirements for the applicant to forfeit ownership of the funds. If the funds deposited under this sub- subparagraph generate interest,the amount of that interest shall be used bX the department for the administration of this section. 4) 8. That all owners,officers,board members,and managers have passed a background screening pursuant to subsection (9). 18 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2249 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 9. The employment of a medical director to supervise the activities of the medical marijuana treatment center. 10. A diversity plan that promotes and ensures the involvement of minority persons and minority business enterprises,as defined in s.288.703, or veteran business enterprises, as defined in s. 295.187, in ownership, management, and employment. An applicant for licensure renewal must show the effectiveness of the diversity plan by including the following with his or her application for renewal: a. Representation of minority persons and veterans in the medical marijuana treatment center's workforce; b. Efforts to recruit minority persons and veterans for employment; and U) c. A record of contracts for services with minority business enterprises 0 and veteran business enterprises. 0 (c) A medical marijuana treatment center may not make a wholesale purchase of marijuana from, or a distribution of marijuana to, another medical marijuana treatment center, unless the medical marijuana treat- ment center seeking to make a wholesale purchase of marijuana submits proof of harvest failure to the department. (d) The department shall establish, maintain, and control a computer 2 software tracking system that traces marijuana from seed to sale and allows a real-time, 24-hour access by the department to data from all medical El marijuana treatment centers and marijuana testing laboratories. The tracking system must allow for integration of other seed-to-sale systems CO and, at a minimum, include notification of when marijuana seeds are co planted, when marijuana plants are harvested and destroyed, and when marijuana is transported, sold, stolen, diverted, or lost. Each medical marijuana treatment center shall use the seed-to-sale tracking system established by the department or integrate its own seed-to-sale tracking system with the seed-to-sale tracking system established by the department. Each medical marijuana treatment center may use its own seed-to-sale system until the department establishes a seed-to-sale tracking system.The department may contract with a vendor to establish the seed-to-sale tracking system. The vendor selected by the department may not have a contractual relationship with the department to perform any services pursuant to this section other than the seed-to-sale tracking system. The 214 vendor may not have a direct or indirect financial interest in a medical marijuana treatment center or a marijuana testing laboratory. (e) A licensed medical marijuana treatment center shall cultivate, process, transport, and dispense marijuana for medical use. A licensed medical marijuana treatment center may not contract for services directly related to the cultivation, processing, and dispensing of marijuana or marijuana delivery devices, except that a medical marijuana treatment Um center licensed pursuant to subparagraph (a)1. may contract with a single 19 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2250 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 entity for the cultivation, processing, transporting, and dispensing of marijuana and marijuana delivery devices. A licensed medical marijuana treatment center must, at all times, maintain compliance with the criteria demonstrated and representations made in the initial application and the criteria established in this subsection. Upon request, the department may grant a medical marijuana treatment center a variance from the represen- tations made in the initial application. Consideration of such a request shall be based upon the individual facts and circumstances surrounding the request. A variance may not be granted unless the requesting medical marijuana treatment center can demonstrate to the department that it has a proposed alternative to the specific representation made in its application which fulfills the same or a similar purpose as the specific representation in a way that the department can reasonably determine will not be a lower standard than the specific representation in the application.A variance may not be granted from the requirements in subparagraph 2. and subpara- graphs (b)1. and 2. A 1. A licensed medical marijuana treatment center may transfer owner- ship to an individual or entity who meets the requirements of this section.A publicly traded corporation or publicly traded company that meets the requirements of this section is not precluded from ownership of a medical marijuana treatment center. To accommodate a change in ownership a. The licensed medical marijuana treatment center shall notify the 2 department in writing at least 60 days before the anticipated date of the 4) change of ownership 1 15 00 b. The individual or entity applying for initial licensure due to a change ca of ownership must submit an application that must be received by the department at least 60 days before the date of change of ownership. a c. Upon receipt of an application for a license, the department shall examine the application and, within 30 days after receipt, notify the applicant in writing of any apparent errors or omissions and request any U) additional information required. d. Requested information omitted from an application for licensure must be filed with the department within 21 days after the department's request for omitted information or the application shall be deemed incomplete and shall be withdrawn from further consideration and the fees shall be forfeited. Within 30 days after the receipt of a complete application, the department shall approve or deny the application. 2. A medical marijuana treatment center, and any individual or entity who directly or indirectly owns, controls, or holds with power to vote 5 percent or more of the voting shares of a medical marijuana treatment center, may not acquire direct or indirect ownership or control of any voting 20 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2251 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 shares or other form of ownership of any other medical marijuana treatment center. 3. A medical marijuana treatment center may not enter into any form of profit-sharing arrangement with the property owner or lessor of any of its facilities where cultivation, processing, storing, or dispensing of marijuana and marijuana delivery devices occurs. 4. All employees of a medical marijuana treatment center must be 21 years of age or older and have passed a background screening pursuant to subsection (9). 5. Each medical marijuana treatment center must adopt and enforce policies and procedures to ensure employees and volunteers receive training on the legal requirements to dispense marijuana to qualified patients. U) U) 6. When gLrowing marijuana, a medical marijuana treatment center: 0 a. May use pesticides determined by the department, after consultation with the Department of Agriculture and Consumer Services, to be safely applied to plants intended for human consumption, but may not use 5 pesticides designated as restricted-use pesticides pursuant to s. 487.042. CO ° b. Must grow marijuana within an enclosed structure and in a room separate from any other plant. co c. Must inspect seeds and growing plants for plant pests that endanger E or threaten the horticultural and agricultural interests of the state in 1 accordance with chapter 581 and any rules adopted thereunder. 00 ca d. Must perform fumigation or treatment of plants, or remove and CI)i destroy infested or infected plants, in accordance with chapter 581 and any rules adopted thereunder. 7. Each medical marijuana treatment center must produce and make available for purchase at least one low-THC cannabis product. U) 8. A medical marijuana treatment center that produces edibles must hold a permit to operate as a food establishment pursuant to chapter 500,the CM Florida Food Safety Act, and must comply with all the requirements for food 0,4 establishments pursuant to chapter 500 and any rules adopted thereunder. Edibles may not contain more than 200 milligrams of tetrahydrocannabinol and a single serving portion of an edible may not exceed 10 milligrams of tetrahydrocannabinol. Edibles may have a potency variance of no greater than 15 percent. Edibles may not be attractive to children;be manufactured in the shape of humans, cartoons, or animals; be manufactured in a form that bears any reasonable resemblance to products available for consump- tion as commercially available candy; or contain any color additives. To discourage consumption of edibles by children, the department shall determine by rule any shapes,forms,and ingredients allowed and prohibited for edibles. Medical marijuana treatment centers may not begin processing 21 CODING: Words rtr�v^^ are deletions; words underlined ar Packet Pg. 2252 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 or dispensing edibles until after the effective date of the rule. The department shall also adopt sanitation rules providing the standards and requirements for the storage, display, or dispensing of edibles. C) 9. Within 12 months after licensure, a medical marijuana treatment center must demonstrate to the department that all of its processing facilities have passed a Food Safety Good Manufacturing Practices, such as Global Food Safety Initiative or equivalent, inspection by a nationally accredited certifying body. A medical marijuana treatment center must immediately stop processing at any facility which fails to pass this inspection until it demonstrates to the department that such facility has met this requirement. 10. When processing marijuana, a medical marijuana treatment center must: U) a. Process the marijuana within an enclosed structure and in a room A separate from other plants or products. b. Comply with department rules when processing marijuana with hydrocarbon solvents or other solvents or gases exhibiting potential toxicity to humans. The department shall determine by rule the requirements for medical marijuana treatment centers to use such solvents or gases exhibiting potential toxicity to humans. 7 c. Comply with federal and state laws and regulations and department 4) rules for solid and liquid wastes. The department shall determine by rule procedures for the storage, handling, transportation, management, and 15 00 disposal of solid and liquid waste generated during marijuana production ca and processing. The Department of Environmental Protection shall assist cl)� the department in developing such rules. a d. Test the processed marijuana using a medical marijuana testing laboratory before it is dispensed. Results must be verified and signed by two medical marijuana treatment center employees. Before dispensing, the medical marijuana treatment center must determine that the test results U' indicate that low-THC cannabis meets the definition of low-THC cannabis, the concentration of tetrahydrocannabinol meets the potency requirements of this section,the labeling of the concentration of tetrahydrocannabinol and cannabidiol is accurate, and all marijuana is safe for human consumption and free from contaminants that are unsafe for human consumption. The department shall determine by rule which contaminants must be tested for and the maximum levels of each contaminant which are safe for human consumption. The Department of Agriculture and Consumer Services shall assist the department in developing the testing requirements for contami- nants that are unsafe for human consumption in edibles. The department shall also determine by rule the procedures for the treatment of marijuana that fails to meet the testing requirements of this section, s. 381.988, or department rule. The department may select a random sample from edibles available for purchase in a dispensing facility which shall be tested by the 22 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2253 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 department to determine that the edible meets the potency requirements of this section, is safe for human consumption, and the labeling of the tetrahydrocannabinol and cannabidiol concentration is accurate. A medical 42 marijuana treatment center may not require payment from the department for the sample. A medical marijuana treatment center must recall edibles, including all edibles made from the same batch of marijuana, which fail to meet the potency requirements of this section, which are unsafe for human consumption, or for which the labeling of the tetrahydrocannabinol and cannabidiol concentration is inaccurate. The medical marijuana treatment center must retain records of all testing and samples of each homogenous batch of marijuana for at least 9 months. The medical marijuana treatment center must contract with a marijuana testing laboratory to perform audits on the medical marijuana treatment center's standard operating procedures, testing records, and samples and provide the results to the department to 0 confirm that the marijuana or low-THC cannabis meets the requirements of this section and that the marijuana or low-THC cannabis is safe for human 0 MA consumption. A medical marijuana treatment center shall reserve two processed samples from each batch and retain such samples for at least 9 months for the purpose of such audits. A medical marijuana treatment center may use a laboratory that has not been certified by the department under s. 381.988 until such time as at least one laboratory holds the required ° certification, but in no event later than July 1, 2018. e. Package the marijuana in compliance with the United States Poison u Prevention Packaging Act of 1970, 15 U.S.C. ss. 1471 et seq a f. Package the marijuana in a receptacle that has a firmly affixed and legible label stating the following information: 15 00 ca (I) The marijuana or low-THC cannabis meets the requirements of sub- c'), subparagraph d. ° (II) The name of the medical marijuana treatment center from which the marijuana originates. (III) The batch number and harvest number from which the marijuana U' originates and the date dispensed. (IV) The name of the physician who issued the physician certification. (V) The name of the patient. (VI) The product name, if applicable, and dosage form, including concentration of tetrahydrocannabinol and cannabidiol. The product name may not contain wording commonly associated with products marketed by or to children. (VII) The recommended dose. (VIII) A warning that it is illegal to transfer medical marijuana to another person. 23 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2254 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (IX) A marijuana universal symbol developed by the department. 11. The medical marijuana treatment center shall include in each package a patient package insert with information on the specific product dispensed related to: a. Clinical pharmacology r_ b. Indications and use. c. Dosage and administration. d. Dosage forms and strengths. e. Contraindications. U) U) f. Warnings and precautions. Mp g. Adverse reactions. 12. Each edible shall be individually sealed in plain, opaque wrapping marked only with the marijuana universal symbol. Where practical, each edible shall be marked with the marijuana universal symbol. In addition to the packaging and labeling requirements in subparagraphs 10. and 11., edible receptacles must be plain,opaque,and white without depictions of the product or images other than the medical marijuana treatment center's 2 department-approved logo and the marijuana universal symbol. The 4) receptacle must also include a list all of the edible's ingredients, storage instructions, an expiration date, a legible and prominent warning to keep 15 away from children and pets, and a warning that the edible has not been 00 produced or inspected pursuant to federal food safety laws. cl)� m 13. When dispensing marijuana or a marijuana delivery device, a medical marijuana treatment center: LL a. May dispense any active, valid order for low-THC cannabis, medical cannabis and cannabis delivery devices issued pursuant to former s. U) 381.986, Florida Statutes 2016, which was entered into the medical marijuana use registry before July 1, 2017. m b. May not dispense more than a 70-day supply of marijuana to a qualified patient or caregiver. c. Must have the medical marijuana treatment center's employee who dispenses the marijuana or a marijuana delivery device enter into the medical marijuana use registry his or her name or unique employee identifier. d. Must verify that the qualified patient and the caregiver,if applicable, each has an active registration in the medical marijuana use registry and an active and valid medical marijuana use registry identification card, the amount and type of marijuana dispensed matches the physician certification 24 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2255 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 in the medical marijuana use registry for that qualified patient, and the physician certification has not already been filled. e. May not dispense marijuana to a qualified patient who is younger than 18 years of age. If the qualified patient is younger than 18 years of age, marijuana may only be dispensed to the qualified patient's caregiver. r_ f. May not dispense or sell any other type of cannabis, alcohol, or illicit drug-related product,including pipes,bongs,or wrapping papers,other than a marijuana delivery device required for the medical use of marijuana and which is specified in a physician certification. g. Must, upon dispensing the marijuana or marijuana delivery device, record in the registry the date, time, quantity, and form of marijuana dispensed; the type of marijuana delivery device dispensed; and the name and medical marijuana use registry identification number of the qualified patient or caregiver to whom the marijuana delivery device was dispensed. h. Must ensure that patient records are not visible to anyone other than Mr- the qualified patient,his or her caregiver,and authorized medical marijuana treatment center employees. a (f) To ensure the safety and security of premises where the cultivation, processing, storing, or dispensing of marijuana occurs, and to maintain M adequate controls against the diversion, theft, and loss of marijuana or marijuana delivery devices, a medical marijuana treatment center shall: La. Maintain a fully operational security alarm system that secures all entry points and perimeter windows and is equipped with motion detectors; pressure switches; and duress, panic, and hold-up alarms; and b. Maintain a video surveillance system that records continuously 24 hours a day and meets the following criteria: 4- 0 (I) Cameras are fixed in a place that allows for the clear identification of U) persons and activities in controlled areas of the premises. Controlled areas include grow rooms, processing rooms, storage rooms, disposal rooms or areas, and point-of-sale rooms. (II) Cameras are fixed in entrances and exits to the premises,which shall record from both indoor and outdoor, or ingress and egress, vantage points. CM (III) Recorded images must clearly and accurately display the time and date. C) (IV) Retain video surveillance recordings for at least 45 days or longer upon the request of a law enforcement agency. 4) 2. Ensure that the medical marijuana treatment center's outdoor premises have sufficient lighting from dusk until dawn. 25 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2256 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 3. Ensure that the indoor premises where dispensing occurs includes a waiting area with sufficient space and seating to accommodate qualified patients and caregivers and at least one private consultation area that is isolated from the waiting area and area where dispensing occurs.A medical marijuana treatment center may not display products or dispense marijuana or marijuana delivery devices in the waiting area. r_ 4. Not dispense from its premises marijuana or a marijuana delivery device between the hours of 9 p.m. and 7 a.m., but may perform all other operations and deliver marijuana to qualified patients 24 hours a day. 5. Store marijuana in a secured, locked room or a vault. 6. Require at least two of its employees, or two employees of a security agency with whom it contracts, to be on the premises at all times where U) cultivation, processing, or storing of marijuana occurs. 0 MA 7. Require each employee or contractor to wear a photo identification badge at all times while on the premises. 8. Require each visitor to wear a visitor pass at all times while on the a premises. 9. Implement an alcohol and drug-free workplace polices 2 10. Report to local law enforcement within 24 hours after the medical 4) marijuana treatment center is notified or becomes aware of the theft, diversion, or loss of marijuana. 15 00 ca (g) To ensure the safe transport of marijuana and marijuana delivery clai devices to medical marijuana treatment centers, marijuana testing labora- tories, or qualified patients, a medical marijuana treatment center must: 1. Maintain a marijuana transportation manifest in any vehicle trans- porting marijuana. The marijuana transportation manifest must be gener- ated from a medical marijuana treatment center's seed-to-sale tracking U' system and include the: a. Departure date and approximate time of departure. `1' b. Name,location address,and license number of the originating medical marijuana treatment center. c. Name and address of the recipient of the delivery. d. Quantity and form of any marijuana or marijuana delivery device beingt ransported. e. Arrival date and estimated time of arrival. f. Delivery vehicle make and model and license plate number. 26 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2257 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 g. Name and signature of the medical marijuana treatment center employees delivering the product. (I) A copy of the marijuana transportation manifest must be provided to each individual, medical marijuana treatment center, or marijuana testing laboratory that receives a delivery.The individual,or a representative of the 00 center or laboratory, must sign a copy of the marijuana transportation manifest acknowledging receipt. (II) An individual transporting marijuana or a marijuana delivery device must present a copy of the relevant marijuana transportation manifest and his or her employee identification card to a law enforcement officer upon request. (III) Medical marijuana treatment centers and marijuana testing laboratories must retain copies of all marijuana transportation manifests 0 for at least 3 years. 2. Ensure only vehicles in good working order are used to transport Cc marijuana. ° 3. Lock marijuana and marijuana delivery devices in a separate compartment or container within the vehicle. m 4. Require employees to have possession of their employee identification card at all times when transporting marijuana or marijuana delivery devices. 15 5. Require at least two persons to be in a vehicle transporting marijuana ccoo or marijuana delivery devices, and require at least one person to remain in U� the vehicle while the marijuana or marijuana delivery device is being delivered. LL 6. Provide specific safety and security training to employees transport- ing or delivering marijuana and marijuana delivery devices. U) (h) A medical marijuana treatment center may not engage in advertising that is visible to members of the public from any street, sidewalk, park, or other public place, except: 1. The dispensing location of a medical marijuana treatment center may have a sign that is affixed to the outside or hanging in the window of the premises which identifies the dispensary by the licensee's business name, a department-approved trade name, or a department-approved logoA medical marijuana treatment center's trade name and logo may not contain wording or images commonly associated with marketing targeted toward children or which promote recreational use of marijuana. 2. A medical marijuana treatment center may engage in Internet advertising and marketing under the following conditions: 27 CODING: Words rfr�v^^ are deletions; words underlined ar Packet Pg. 2258 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 a. All advertisements must be approved by the department. b. An advertisement may not have any content that specifically targets individuals under the age of 18, including cartoon characters or similar images. c. An advertisement may not be an unsolicited pop-up advertisement. d. Opt-in marketing must include an easy and permanent opt-out feature. (i) Each medical marijuana treatment center that dispenses marijuana and marijuana delivery devices shall make available to the public on its website: U) U) 1. Each marijuana and low-THC product available for purchase, including the form, strain of marijuana from which it was extracted, A cannabidiol content, tetrahydrocannabinol content, dose unit, total number of doses available, and the ratio of cannabidiol to tetrahydrocannabinol for each product. a 2. The price for a 30-day, 50-day, and 70-day supply at a standard dose for each marijuana and low-THC product available for purchase. 3. The price for each marijuana delivery device available for purchase. 2 4) 4. If applicable, any discount policies and eligibility criteria for such discounts. 15 00 ca J) Medical marijuana treatment centers are the sole source from which a clai qualified patient may legally obtain marijuana. a (k) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. 0 (9) BACKGROUND SCREENING.—An individual required to undergo U' a background screening�pursuant to this section must pass a level 2 background screening as provided under chapter 435, which, in addition to the disqualifying offenses provided in s. 435.04, shall exclude an individual `4 who has an arrest awaiting final disposition for, has been found guilty of, regardless of adjudication, or has entered a plea of nolo contendere or guilty to an offense under chapter 837,chapter 895,or chapter 896 or similar law of another jurisdiction. (a) Such individual must submit a full set of fingerprints to the C3 department or to a vendor, entity, or agency authorized by s. 943.053(13). The department, vendor, entity, or agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Depart- ment of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing_ 28 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2259 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (b) Fees for state and federal fingerprint processing and retention shall be borne by the individual. The state cost for fingerprint processing shall be as provided in s. 943.053(3)(e) for records provided to persons or entities 42 other than those specified as exceptions therein. (c) Fingerprints submitted to the Department of Law Enforcement pursuant to this subsection shall be retained by the Department of Law Enforcement as provided in s. 943.05(2)(g) and (h) and, when the Depart- 2 ment of Law Enforcement begins participation in the program, enrolled in the Federal Bureau of Investigation's national retained print arrest notification program. Any arrest record identified shall be reported to the department. (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS; ADMINISTRATIVE ACTIONS.— U) (a) The department shall conduct announced or unannounced inspec- A tions of medical marijuana treatment centers to determine compliance with this section or rules adopted pursuant to this section. (b) The department shall inspect a medical marijuana treatment center upon receiving a complaint or notice that the medical marijuana treatment center has dispensed marijuana containing mold, bacteria, or other contaminant that may cause or has caused an adverse effect to human health or the environment. (c) The department shall conduct at least a biennial inspection of each medical marijuana treatment center to evaluate the medical marijuana treatment center's records, personnel, equipment, processes, security ca measures, sanitation practices, and quality assurance practices. U� M (d) The Department of Agriculture and Consumer Services and the a department shall enter into an interagency agreement to ensure cooperation and coordination in the performance of their obligations under this section and their respective regulatory and authorizing laws. The department, the Department of Highway Safety and Motor Vehicles, and the Department of �' Law Enforcement may enter into interagency greements for the purposes specified in this subsection or subsection (7). (e) The department shall publish a list of all approved medical marijuana treatment centers, medical directors, and qualified physicians on its website. (f) The department may impose reasonable fines not to exceed $10,000 OF on a medical marijuana treatment center for any of the following violations: 1. Violating this section or department rule. 2. Failing to maintain qualifications for approval. 3. Endangering the health, safety, or security of a qualified patient. 29 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2260 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 4. Improperly disclosing personal and confidential information of the qualified patient. 5. Attempting to procure medical marijuana treatment center approval by bribery, fraudulent misrepresentation, or extortion. 6. Being convicted or found guilty of, or entering a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction which directly relates to the business of a medical marijuana treatment center. 7. Making or filing a report or record that the medical marijuana treatment center knows to be false. 8. Willfully failing to maintain a record required by this section or department rule. U) 9. Willfully impeding or obstructing an employee or agent of the A department in the furtherance of his or her official duties. 10. Engaging in fraud or deceit,negligence,incompetence,or misconduct in the business practices of a medical marijuana treatment center. a 11. Making misleading, deceptive, or fraudulent representations in or related to the business practices of a medical marijuana treatment center. 7 12. Having a license or the authority to engage in any regulated profession, occupation, or business that is related to the business practices of a medical marijuana treatment center suspended, revoked, or otherwise 15 00 acted against by the licensing authority of any jurisdiction, including its ca agencies or subdivisions, for a violation that would constitute a violation cl)� under Florida law. a 13. Violating a lawful order of the department or an agency of the state, or failing to comply with a lawfully issued subpoena of the department or an agency of the state. U) (g) The department may suspend, revoke, or refuse to renew a medical marijuana treatment center license if the medical marijuana treatment m center commits any of the violations in paragraph (f). (h) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this subsection. (11) PREEMPTION.—Regulation of cultivation, processing, and deliv- ery of marijuana by medical marijuana treatment centers is preempted to the state except as provided in this subsection. (a) A medical marijuana treatment center cultivating or processing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school. 30 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2261 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (b)1. A county or municipality may, by ordinance, ban medical mar- ijuana treatment center dispensing facilities from being located within the boundaries of that county or municipality. A county or municipality that 42 does not ban dispensing facilities under this subparagraph may not place specific limits,by ordinance,on the number of dispensing facilities that may locate within that county or municipality. r_ 2. A municipality may determine by ordinance the criteria for the location of,and other permitting requirements that do not conflict with state law or department rule for, medical marijuana treatment center dispensing facilities located within the boundaries of that municipality. A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, all such dispensing facilities located within the unincorporated areas of that U, county. Except as provided in Paragraph (c), a county or municipality maX not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permit- ting or determining the locations for pharmacies licensed under chapter 465. A municipality or county may not charge a medical marijuana treatment center a license or permit fee in an amount greater than the fee charged by such municipality or county to pharmacies. A dispensing facility location approved by a municipality or county pursuant to former s. 381.986(8)(b). Florida Statutes 2016, is not subject to the location requirements of this M subsection. 4) (c) A medical marijuana treatment center dispensing facility may not be located within 500 feet of the real property that comprises a public or private elementary school, middle school, or secondary school unless the county or ccoa municipality approves the location through a formal proceeding open to the C01 public at which the county or municipality determines that the location promotes the public health, safety, and general welfare of the community. (d) This subsection does not prohibit any local jurisdiction from ensuring medical marijuana treatment center facilities comply with the Florida U) Building Code, the Florida Fire Prevention Code, or any local amendments to the Florida Building Code or the Florida Fire Prevention Code. m (12) PENALTIES.— re. (a) A qualified physician commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, if the qualified physician issues a physician certification for the medical use of marijuana for a patient without a reasonable belief that the patient is suffering from a qualifying medical condition. (b) A person who fraudulently represents that he or she has a qualifying medical condition to a qualified physician for the purpose of being issued a physician certification commits a misdemeanor of the first degree, punish- able as provided in s. 775.082 or s. 775.083. 31 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2262 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (c) A qualified patient who uses marijuana, not including low-THC cannabis, or a caregiver who administers marijuana,not including low-THC cannabis,in plain view of or in a place open to the general public;in a school bus, a vehicle, an aircraft, or a boat; or on the grounds of a school except as provided in s. 1006.062, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. r_ (d) A qualified patient or caregiver who cultivates marijuana or who purchases or acquires marijuana from any person or entity other than a medical marijuana treatment center violates s. 893.13 and is subject to the penalties provided therein. (e)1. A qualified patient or caregiver in possession of marijuana or a marijuana delivery device who fails or refuses to present his or her marijuana use registry identification card upon the request of a law enforcement officer commits a misdemeanor of the second degree, punish- 0 able as provided in s. 775.082 or s. 775.083, unless it can be determined A through the medical marijuana use registry that the person is authorized to be in possession of that marijuana or marijuana delivery device. 2. A person charged with a violation of this paragraph may not be 2 convicted if, before or at the time of his or her court or hearing appearance, the person produces in court or to the clerk of the court in which the charge is pending a medical marijuana use registry identification card issued to him m or her which is valid at the time of his or her arrest. The clerk of the court is authorized to dismiss such case at any time before the defendant's E appearance in court. The clerk of the court may assess a fee of $5 for 15 1 dismissing the case under this paragraph. 00 ca (f) A caregiver who violates any of the applicable provisions of this cl)� section or applicable department rules, for the first offense, commits a misdemeanor of the second degree,punishable as provided in s. 775.082 or s. 775.083 and,for a second or subsequent offense, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. U) (g) A qualified physician who issues a physician certification for marijuana or a marijuana delivery device and receives compensation from a medical marijuana treatment center related to the issuance of a physician cam, certification for marijuana or a marijuana delivery device is subject to disciplinary action under the applicable practice act and s. 456.072(1)(n). (h) A person transporting marijuana or marijuana delivery devices on %- behalf of a medical marijuana treatment center or marijuana testing0. laboratory who fails or refuses to present a transportation manifest upon the request of a law enforcement officer commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (i) Persons and entities conducting activities authorized and governed by this section and s. 381.988 are subject to ss. 456.053, 456.054, and 817.505, as applicable. 32 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2263 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 J) A person or entity that cultivates, processes, distributes, sells, or dispenses marijuana, as defined in s. 29(b)(4), Art. X of the State Constitution, and is not licensed as a medical marijuana treatment center 42 violates s. 893.13 and is subject to the penalties provided therein. (k) A person who manufactures, distributes, sells, gives, or possesses with the intent to manufacture, distribute, sell, or give marijuana or a marijuana delivery device that he or she holds out to have originated from a licensed medical marijuana treatment center but that is counterfeit commits a felony of the third degree,punishable as provided in s. 775.082, s. 775.083, °® or s. 775.084. For the purposes of this paragraph, the term "counterfeit" means marijuana;a marijuana delivery device;or a marijuana or marijuana delivery device container, seal, or label which,without authorization, bears the trademark,trade name, or other identifying mark,imprint, or device, or any likeness thereof, of a licensed medical marijuana treatment center and which thereby falsely purports or is represented to be the product of, or to 0 have been distributed by, that licensed medical marijuana treatment facility. (1) Any person who possesses or manufactures a blank, forged, stolen, fictitious, fraudulent, counterfeit, or otherwise unlawfully issued medical a® marijuana use registry identification card commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. m (13) UNLICENSED ACTIVITY.— (a) If the department has probable cause to believe that a person or entity that is not registered or licensed with the department has violated this section, s. 381.988, or any rule adopted pursuant to this section, the co department may issue and deliver to such person or entity a notice to cease U� and desist from such violation.The department also may issue and deliver a notice to cease and desist to any person or entity who aids and abets such unlicensed activity. The issuance of a notice to cease and desist does not constitute agency action for which a hearing under s. 120.569 or s. 120.57 may be sought. For the purpose of enforcing a cease and desist order, the U) department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person or entity who violates any provisions of such order. m (b) In addition to the remedies under paragraph(a),the department may impose by citation an administrative penalty not to exceed $5,000 per incident. The citation shall be issued to the subject and must contain the subject's name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. If the subject does not dispute the matter in the citation with the department within 30 days after the citation is served, the citation shall become a final order of the department. The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. Each day that the unlicensed activity continues after issuance of a notice to cease and desist constitutes a separate 33 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2264 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 violation. The department shall be entitled to recover the costs of investigation and prosecution in addition to the fine levied pursuant to the citation. Service of a citation may be made by personal service or by mail to the subject at the subject's last known address or place of practice. If the department is required to seek enforcement of the cease and desist or agency order, it shall be entitled to collect attorney fees and costs. r_ (c) In addition to or in lieu of any other administrative remedy., the department may seek the imposition of a civil penalty through the circuit court for any violation for which the department may issue a notice to cease and desist. The civil penalty shall be no less than $5,000 and no more than $10,000 for each offense. The court may also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation and prosecution. U) U) (d) In addition to the other remedies provided in this section, the 0 department or any state attorney may bring an action for an injunction to A restrain any unlicensed activity or to enjoin the future operation or maintenance of the unlicensed activity or the performance of any service in violation of this section. ° (e) The department must notify local law enforcement of such unlicensed activity for a determination of any criminal violation of chapter 893. (14) EXCEPTIONS TO OTHER LAWS.— (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a qualified 15 00 patient and the qualified patient's caregiver may purchase from a medical ca marijuana treatment center for the patient's medical use a marijuana cl)� delivery device and up to the amount of marijuana authorized in the physician certification, but may not possess more than a 70-day supply of marijuana at any given time and all marijuana purchased must remain in its on ig nal packaging. U) (b) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law,but subject to the requirements of this section,an approved medical marijuana treatment center and its owners, managers, and employees may manufacture, possess, sell, deliver, distribute, dispense, and lawfully dispose of marijuana or a marijuana delivery device as provided in this section, s. 381.988, and by department rule. For the purposes of this subsection, the terms "manufacture," "possession," "deliver," "distribute and "dispense" have the same meanings as provided in s. 893.02. (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a certified marijuana testing laboratory,includingan n employee of a certified marijuana testing laboratory acting within the scope of his or her employment, may acquire, possess, test, transport, and lawfully dispose of marijuana as provided in this section, in s. 381.988, and by department rule. 34 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2265 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (d) A licensed medical marijuana treatment center and its owners, managers, and employees are not subject to licensure or regulation under chapter 465 or chapter 499 for manufacturing, possessing, selling, deliver- ing, distributing, dispensing, or lawfully disposing of marijuana or a marijuana delivery device, as provided in this section, s. 381.988, and by department rule. r_ (e) This subsection does not exempt a person from prosecution for a t criminal offense related to impairment or intoxication resulting from the medical use of marijuana or relieve a person from any requirement under law to submit to a breath,blood,urine,or other test to detect the presence of a controlled substance. (f) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section and pursuant to policies and procedures established pursuant to s. 1006.62(8), school personnel may possess marijuana that is obtained for medical use pursuant to this section by a student who is a qualified patient. (g) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or any other provision of law, but subject to the requirements of this section, a research institute established by a public postsecondary educational institution,such as the H.Lee Moffitt Cancer Center and Research Institute,Inc.,established under s. 1004.43, or a state university that has achieved the preeminent state research university designation under s. 1001.7065 may possess, test, transport, and lawfully dispose of marijuana for research purposes as provided by this section. 00 ca U) (15) APPLICABILITY.—This section does not limit the ability of an employer to establish,continue,or enforce a drug-free workplace program or policy. This section does not require an employer to accommodate the medical use of marijuana in any workplace or any employee working while under the influence of marijuana. This section does not create a cause of action against an employer for wrongful discharge or discrimination. Marijuana,as defined in this section,is not reimbursable under chapter 440. (16) FINES AND FEES.—Fines and fees collected by the department under this section shall be deposited in the Grants and Donations Trust Fund within the Department of Health. Section 4. Paragraph (uu) is added to subsection (1) of section 458.331, Florida Statutes, to read: C) 458.331 Grounds for disciplinary action; action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): 35 CODING: Words rfr�v^^ are deletions; words underlined ar Packet Pg. 2266 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (uu) Issuing a physician certification, as defined in s. 381.986, in a manner out of compliance with the requirements of that section and rules adopted thereunder. C) Section 5. Paragraph (ww) is added to subsection (1) of section 459.015, Florida Statutes, to read: r_ 0 r_ 459.015 Grounds for disciplinary action; action by the board and department.— (1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): (ww) Issuing a physician certification, as defined in s. 381.986, in a manner not in compliance with the requirements of that section and rules adopted thereunder. MP Section 6. Section 381.988, Florida Statutes, is created to read: 381.988 Medical marijuana testing laboratories; marijuana tests con- ducted by a certified laboratory.— :3 a a (1) A person or entity seeking to be a certified marijuana testing laboratory must: 2 (a) Not be owned or controlled by a medical marijuana treatment center. (b) Submit a completed application accompanied by an application fee, as established by department rule. 15 ca (c) Submit proof of an accreditation or a certification approved by the U� department issued by an accreditation or a certification organization approved by the department. The department shall adopt by rule a list of approved laboratory accreditations or certifications and accreditation or certification organizations. U) (d) Require all owners and managers to submit to and pass a level 2 background screening pursuant to s. 435.04 and shall deny certification if the person or entity has been found guilty of,or has entered a plea of guilty or m nolo contendere to, regardless of adjudication, any offense listed in chapter 837, chapter 895, or chapter 896 or similar law of another jurisdiction. 1. Such owners and managers must submit a full set of fingerprints to the department or to a vendor,entity.,or agency authorized by s.943.053(13). The department, vendor, entity, or agency shall forward the fingerprints to the Department of Law Enforcement for state processing, and the Depart- ment of Law Enforcement shall forward the fingerprints to the Federal Bureau of Investigation for national processing. 2. Fees for state and federal fingerprint processing and retention shall be borne by such owners or managers. The state cost for fingerprint processing 36 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2267 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 shall be as provided in s. 943.053(3)(e) for records provided to persons or entities other than those specified as exceptions therein. 3. Fingerprints submitted to the Department of Law Enforcement pursuant to this paragraph shall be retained by the Department of Law Enforcement as provided in s. 943.05(2)(g) and (h) and, when the Depart- 0 ment of Law Enforcement be gns participation in the program, enrolled in r- i the Federal Bureau of Investigation's national retained print arrest notification program. Any arrest record identified shall be reported to the department. (e) Demonstrate to the department the capability of meeting the standards for certification required by this subsection, and the testing requirements of s. 381.986 and this section and rules adopted thereunder. U) (2) The department shall adopt rules pursuant to ss. 120.536(1) and 00 120.54 establishing a procedure for initial certification and biennial renewal. A including initial application and biennial renewal fees sufficient to cover the costs of administering this certification program. The department shall renew the certification biennially if the laboratory meets the requirements of this section and pays the biennial renewal fee. a (3) The department shall adopt rules pursuant to ss. 120.536(1) and 120.54 establishing the standards for certification of marijuana testing M laboratories under this section. The Department of Agriculture and °® Consumer Services and the Department of Environmental Protection E shall assist the department in developing the rule, which must include, 15 1 but is not limited to: 00 ca (a) Security standards. U)I (b) Minimum standards for personnel. (c) Sample collection method and process standards. (d) Proficiency testing for tetrahydrocannabinol potency, concentration U' of cannabidiol, and contaminants unsafe for human consumption, as determined by department rule. (e) Reporting content, format, and frequency. (f) Audits and onsite inspections. O Quality assurance. (h) Equipment and methodology. (i) Chain of custody. J) Any other standard the department deems necessary to ensure the health and safety of the public. 37 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2268 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (4) A marijuana testing laboratory may acquire marijuana only from a medical marijuana treatment center. A marijuana testing laboratory is prohibited from selling, distributing, or transferring marijuana received from a marijuana treatment center, except that a marijuana testing laboratory may transfer a sample to another marijuana testing laboratory in this state. r_ (5) A marijuana testing laboratory must properly dispose of all samples it receives,unless transferred to another marijuana testing laboratory,after all necessary tests have been conducted and any required period of storage has elapsed, as established by department rule. (6) A marijuana testing laboratory shall use the computer software tracking system selected by the department under s. 381.986. U) U) (7) The following acts constitute grounds for which disciplinary action specified in subsection(8)may be taken against a certified marijuana testing A laboratory: (a) Permitting unauthorized persons to perform technical procedures or issue reports. a (b) Demonstrating incompetence or making consistent errors in the performance of testing or erroneous reporting. 2 (c) Performing a test and rendering a report thereon to a person or entity 4) not authorized by law to receive such services. 15 (d) Failing to file any report required under this section or s. 381.986 or 00 ca the rules adopted thereunder. cl) (e) Reporting a test result if the test was not performed. 2 (f) Failing to correct deficiencies within the time required by the department. U) (g) Violating or aiding and abetting in the violation of any provision of s. 381.986 or this section or any rules adopted thereunder. m (8) The department may refuse to issue or renew, or may suspend or revoke,the certification of a marijuana testing laboratory that is found to be in violation of this section or any rules adopted hereunder. The department may impose fines for violations of this section or rules adopted thereunder, %- based on a schedule adopted in rule. In determining the administrative 0. action to be imposed for a violation, the department must consider the following factors: (a) The severity of the violation, including the probability of death or serious harm to the health or safety of any person that may result or has resulted; the severity or potential harm; and the extent to which s. 381.986 or this section were violated. 38 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2269 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (b) The actions taken by the marijuana testing laboratory to correct the violation or to remedy the complaint. (c) Any previous violation by the marijuana testing laboratory. (d) The financial benefit to the marijuana testing laboratory of commit- 0 ting or continuing the violation. (9) The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this section. (10) Fees collected by the department under this section shall be deposited in the Grants and Donations Trust Fund within the Department of Health. U) U) Section 7. Section 381.989, Florida Statutes, is created to read: 0 MA 381.989 Public education campaigns.— (1) DEFINITIONS.—As used in this section, the term: ° (a) "Cannabis" has the same meaning as in s. 893.02. (b) "Department" means the Department of Health. 2 (c) "Marijuana" has the same meaning as in s. 381.986. 4) I (2) STATEWIDE CANNABIS AND MARIJUANA EDUCATION AND ILLICIT USE PREVENTION CAMPAIGN. 00 ca— U) (a) The department shall implement a statewide cannabis and mar- ijuana education and illicit use prevention campaign to publicize accurate information regarding_ 4- 1. The legal requirements for licit use and possession of marijuana m U) this state. 2. Safe use of marijuana, including preventing access by persons other Cm than qualified patients as defined in s. 381.986, particularly children. 3. The short-term and long-term health effects of cannabis and mar- ijuana use, particularly on minors and young adults. 4. Other cannabis-related and marijuana-related education determined by the department to be necessary to the public health and safety. (b) The department shall provide educational materials regarding the eligibility for medical use of marijuana by individuals diagnosed with a terminal condition to individuals that provide palliative care or hospice services. 39 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2270 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (c) The department may use television messaging, radio broadcasts, print media, digital strategies, social media, and any other form of messaging deemed necessary and appropriate by the department to implement the campaign. The department may work with school districts, community organizations, and businesses and business organizations and other entities to provide training and programming. r_ (d) The department may contract with one or more vendors to implement the campaign. 4) (e) The department shall contract with an independent entity to conduct annual evaluations of the campaign. The evaluations shall assess the reach and impact of the campaign, success in educating the citizens of the state regarding the legal parameters for marijuana use, success in preventing °2 illicit access by adults and youth, and success in preventing negative health impacts from the legalization of marijuana. The first year of the program, 0 the evaluator shall conduct surveys to establish baseline data on youth and adult cannabis use, the attitudes of youth and the general public toward cannabis and marijuana,and any other data deemed necessary for long-term analysis. By January 31 of each year, the department shall submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives the annual evaluation of the campaign (3) STATEWIDE IMPAIRED DRIVING EDUCATION CAMPAIGN.— 2 (a) The Department of Highway Safety and Motor Vehicles shall implement a statewide impaired driving education campaign to raise 15 awareness and prevent marijuana-related and cannabis-related impaired 00 driving and may contract with one or more vendors to implement the U) campaign. The Department of Highway Safety and Motor Vehicles may use television messaging,radio broadcasts,print media,digital strategies,social ° media, and any other form of messaging deemed necessary and appropriate by the department to implement the campaign. 0 (b) At a minimum, the Department of Highway Safety and Motor U' Vehicles or a contracted vendor shall establish baseline data on the number of marijuana-related citations for driving under the influence, marijuana- related traffic arrests, marijuana-related traffic accidents, and marijuana- `4 related traffic fatalities,and shall track these measures annually thereafter. The Department of Highway Safety and Motor Vehicles or a contracted vendor shall annually evaluate and compile a report on the efficacy of the campaign based on those measures and other measures established by the Department of Highway Safety and Motor Vehicles. By January 31 of each year, the Department of Highway Safety and Motor Vehicles shall submit the report on the evaluation of the campaign to the Governor, the President of the Senate, and the Speaker of the House of Representatives. Section 8. Subsection(1)of section 385.211,Florida Statutes,is amended to read: 40 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2271 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 385.211 Refractory and intractable epilepsy treatment and research at recognized medical centers.— (1) As used in this section, the term "low-THC cannabis" means "low- THC cannabis" as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes 2016, or a medical marijuana treatment center as defined in s. 381.986. Section 9. Paragraphs (b) through (e) of subsection (2) of section 4 499.0295, Florida Statutes, are redesignated as paragraphs (a) through (d), respectively, and present paragraphs (a) and (c) of that subsection, and subsection (3) of that section are amended, to read: 499.0295 Experimental treatments for terminal conditions.— U, U) (2) As used in this section, the term: 2 (a) arsp eirs 6zornireuirszci 6z6n approved y--cDepart ent ..'llealth tinder s. 381.986(5) to rrc epreeess, e and dispense low THC efnedieal eannabis, and eannabis deliver devices. LU� "Investigational drug, biological product, or device" means= 2 4 a drug, biological product, or device that has successfully completed 0 phase 1 of a clinical trial but has not been approved for general use by the United States Food and Drug Administration and remains under investiga- tion in a clinical trial approved by the United States Food and Drug CO Administrations C0 M 2. Medieal eannabis that is manufaettifed and sold by a dispensing ° 4- (3) Upon the request of an eligible patient,a manufacturer mays (a) Make its investigational drug, biological product, or device available M under this section. (b) Provide an investigational drug, biological product, or device i= delivery- device as defined in .. 381. to an eligible patient without receiving compensation. (c) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product, or device, of eannabisdelivery deviee as defined ; s. 381.9 �s Section 10. Subsection(3)of section 893.02,Florida Statutes,is amended to read: 41 CODING: Words r+r�v^^ are deletions; words underlined ar Packet Pg. 2272 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 893.02 Definitions.—The following words and phrases as used in this chapter shall have the following meanings, unless the context otherwise requires: C) (3) "Cannabis" means all parts of any plant of the genus Cannabis, whether growing or not;the seeds thereof;the resin extracted from any part of the plant; and every compound,manufacture, salt,derivative,mixture, or preparation of the plant or its seeds or resin. The term does not include "marijuana"low THC eannabis,"as defined in s. 381.986,if manufactured, 0 possessed, sold, purchased, delivered, distributed, or dispensed, in con- formance with s. 381.986. Section 11. Section 1004.4351, Florida Statutes, is created to read: 1004.4351 Medical marijuana research and education.— (1) SHORT TITLE.—This section shall be known and maybe cited as the 0 "Medical Marijuana Research and Education Act." (2) LEGISLATIVE FINDINGS.—The Legislature finds that: (a) The present state of knowledge concerning the use of marijuana to a alleviate pain and treat illnesses is limited because permission to perform clinical studies on marijuana is difficult to obtain, with access to research- grade marijuana so restricted that little or no unbiased studies have been M performed. (b) Under the State Constitution, marijuana is available for the treatment of certain debilitating medical conditions. 15 00 ca (c) Additional clinical studies are needed to ensure that the residents of U� this state obtain the correct dosing,formulation,route,modality,frequency, quantity, and quality of marijuana for specific illnesses. (d) An effective medical marijuana research and education program would mobilize the scientific, educational, and medical resources that 0 presently exist in this state to determine the appropriate and best use of marijuana to treat illness. (3) DEFINITIONS.—As used in this section, the term: `1' (a) "Board" means the Medical Marijuana Research and Education Board. (b) "Coalition"means the Coalition for Medical Marijuana Research and Education. (c) "Marijuana"has the same meaning as provided in s. 29,Art. X of the State Constitution. (4) COALITION FOR MEDICAL MARIJUANA RESEARCH AND EDUCATION.- 42 CODING:Words r�r�v^^ are deletions; words underlined are a Packet Pg. 2273 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (a) There is established within the H. Lee Moffitt Cancer Center and Research Institute, Inc., the Coalition for Medical Marijuana Research and Education. The purpose of the coalition is to conduct rigorous scientific 42 research, rovide education, disseminate research, and guide policy for the adoption of a statewide policy on ordering and dosing practices for the medical use of marijuana. The coalition shall be physically located at the H. 00 Lee Moffitt Cancer Center and Research Institute, Inc. (b) The Medical Marijuana Research and Education Board is established to direct the operations of the coalition.The board shall be composed of seven members appointed by the chief executive officer of the H. Lee Moffitt Cancer Center and Research Institute, Inc. Board members must have experience in a variety of scientific and medical fields, including, but not limited to, oncology, neurology, psychology, pediatrics, nutrition, and °- U) addiction. Members shall be appointed to 4-year terms and may be reappointed to serve additional terms. The chair shall be elected by the board from among its members to serve a 2-year term.The board shall meet at least semiannually at the call of the chair or, in his or her absence or incapacity, the vice chair. Four members constitute a quorum. A majority vote of the members present is required for all actions of the board. The board may prescribe, amend, and repeal a charter governing the manner in which it conducts its business. A board member shall serve without compensation but is entitled to be reimbursed for travel expenses by the coalition or the organization he or she represents in accordance with s. 2 112.061. 4) (c) The coalition shall be administered by a coalition director, who shall -5 1 be appointed by and serve at the pleasure of the board.The coalition director CO ca shall, subject to the approval of the board: U) m 1. Propose a budget for the coalition. 2. Foster the collaboration of scientists, researchers, and other appro- W. priate personnel in accordance with the coalition's charter. U) 3. Identify and prioritize the research to be conducted by the coalition. 4. Prepare the Medical Marijuana Research and Education Plan for submission to the board. 5. Apply for grants to obtain funding for research conducted by the coalition. 6. Perform other duties as determined by the board. C) (d) The board shall advise the Board of Governors, the State Surgeon General, the Governor, and the Legislature with respect to medical marijuana research and education in this state. The board shall explore methods of implementing and enforcing medical marijuana laws in relation to cancer control, research, treatment, and education. 43 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2274 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (e) The board shall annually adopt a plan for medical marijuana research, known as the "Medical Marijuana Research and Education Plan," which must be in accordance with state law and coordinate with existing programs in this state.The plan must include recommendations for the coordination and integration of medical,pharmacological, nursing, paramedical, community, and other resources connected with the treatment of debilitating medical conditions; research related to the treatment of such medical conditions; and education. (f) By February 15 of each year, the board shall issue a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on research projects, community outreach initiatives, and future plans for the coalition. U) (g) Beginning January 15, 2018, and quarterly thereafter, the Depart- ment of Health shall submit to the board a data set that includes, for each 0 patient registered in the medical marijuana use registry, the patient's qualifying medical condition and the daily dose amount and forms of marijuana certified for the patient. ° (5) RESPONSIBILITIES OF THE H. LEE MOFFITT CANCER CEN- TER AND RESEARCH INSTITUTE, INC.—The H. Lee Moffitt Cancer Center and Research Institute, Inc., shall allocate staff and provide information and assistance, as the coalition's budget permits, to assist the 2 board in fulfilling its responsibilities. 4) Section 12. Subsection (1) of section 1004.441, Florida Statutes, is 00 amended to read: ca U) 1004.441 Refractory and intractable epilepsy treatment and research. ° (1) As used in this section, the term "low-THC cannabis" means "low- THC cannabis" as defined in s. 381.986 that is dispensed only from a dispensing organization as defined in former s. 381.986, Florida Statutes U) 2016, or a medical marijuana treatment center as defined in s. 381.986. Section 13. Subsection(8)is added to section 1006.062,Florida Statutes, to read: 1006.062 Administration of medication and provision of medical services by district school board personnel.— (8) Each district school board shall adopt a policy and a procedure for allowing a student who is a qualified patient,as defined in s. 381.986,to use 0 marijuana obtained pursuant to that section. Such policy and procedure shall ensure access by the qualified patient;identify how the marijuana will 4) be received, accounted for, and stored; and establish processes to prevent access by other students and school personnel whose access would be unnecessary for the implementation of the policy. 44 CODING:Words rfr�v^^ are deletions; words underlined are a Packet Pg. 2275 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 Section 14. Department of Health; authority to adopt rules; cause of action.— (1) EMERGENCY RULEMAKING.— (a) The Department of Health and the applicable boards shall adopt emergency rules pursuant to s. 120.54(4), Florida Statutes, and this section necessary to implement ss. 381.986 and 381.988, Florida Statutes. If an emergency rule adopted under this section is held to be unconstitutional or an invalid exercise of delegated legislative authority., and becomes void, the department or the applicable boards may adopt an emergency rule pursuant to this section to replace the rule that has become void.If the emergency rule adopted to replace the void emergency rule is also held to be unconstitutional or an invalid exercise of delegated legislative authority and becomes void, U) the department and the applicable boards must follow the nonemergency rulemaking procedures of the Administrative Procedures Act to replace the rule that has become void. (b) For emergency rules adopted under this section,the department and the applicable boards need not make the findings required by s. 120.54(4)(a), Florida Statutes. Emergency rules adopted under this section are exempt from ss. 120.54(3)(b)and 120.541,Florida Statutes.The department and the applicable boards shall meet the procedural requirements in s. 120.54(a), Florida Statutes,if the department or the applicable boards have,before the 2 effective date of this act, held any public workshops or hearings on the 0 subject matter of the emergency rules adopted under this subsection. Challenges to emergency rules adopted under this subsection are subject co to the time schedules provided in s. 120.56(5), Florida Statutes. ca U) (c) Emergency rules adopted under this section are exempt from S. 120.54(4)(c), Florida Statutes, and shall remain in effect until replaced by t rules adopted under the nonemergency rulemaking procedures of the Administrative Procedures Act. By January 1, 2018, the department and the applicable boards shall initiate nonemergency rulemaking pursuant to U) the Administrative Procedures Act to replace all emergency rules adopted under this section by publishing a notice of rule development in the Florida Administrative Register. Except as provided in paragraph(a), after January 1,2018,the department and applicable boards may not adopt rules pursuant to the emergency rulemaking procedures provided in this section. (2) CAUSE OF ACTION.— (a) As used in s. 29(d)(3), Article X of the State Constitution, the term: m C) 1. "Issue regulations" means the filing by the department of a rule or emergency rule for adoption with the Department of State. 2. "Judicial relief'means an action for declaratory judgment pursuant to chapter 86, Florida Statutes. 45 CODING: Words r�r�v^^ are deletions; words underlined ar Packet Pg. 2276 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 (b) The venue for actions brought against the department pursuant to s. 29(d)(3), Article X of the State Constitution shall be in the circuit court in and for Leon County. C) (c) If the department is not issuing patient and caregiver identification cards or licensing medical marijuana treatment centers by October 3, 2017, the following shall be a defense to a cause of action brought under s.29(d)(3). r_ Article X of the State Constitution: 1. The department is unable to issue patient and caregiver identification cards or license medical marijuana treatment centers due to litigation challenging a rule as an invalid exercise of delegated legislative authority or unconstitutional. 2. The department is unable to issue patient or caregiver identification cards or license medical marijuana treatment centers due to a rule being 0 held as an invalid exercise of delegated legislative authority or unconstitu- tional. Section 15. Department of Law Enforcement;training related to medical use of marijuana.—The Department of Law Enforcement shall develop a 4- a hour online initial training course,and a 2-hour online continuing education course, which shall be made available for use by all law enforcement agencies in this state. Such training shall cover the legal parameters of 0 marijuana-related activities governed by ss. 381.986 and 381.988, Florida Statutes, relating to criminal laws governing marijuana. 15 Section 16. Section 385.212, Florida Statutes, is amended to read: 00 ca 385.212 Powers and duties of the Department of Health; Office of Medical Marijuana Gemp ssiona Use.— a (1) The Department of Health shall establish an Office of Medical Marijuana Comp ssiona Use under the direction of the Deputy State Health Officer. U) (2) The Office of Medical Marijuana Compassion Use may enhance access to investigational new drugs for Florida patients through approved cam, clinical treatment plans or studies. The Office of Medical Marijuana Compassion Use may: (a) Create a network of state universities and medical centers recognized pursuant to s. 381.925. (b) Make any necessary application to the United States Food and Drug Administration or a pharmaceutical manufacturer to facilitate enhanced access to medical eempassiona use of marijuana for Florida patients. (c) Enter into any agreements necessary to facilitate enhanced access to medical eempassiona use of marijuana for Florida patients. 46 CODING:Words r+rev^^ are deletions; words underlined are a Packet Pg. 2277 Ch. 2017-232 LAWS OF FLORIDA Ch. 2 (3) The department may adopt rules necessary to implement this section. (4) The Office of Medical Marijuana Use shall administer and enforce s. 381.986. Section 17. If any provision of this act or its application to any person or circumstance is held invalid,the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable. Section 18. The Division of Law Revision and Information is directed to replace the phrase "the effective date of this act"wherever it occurs in this act with the date the act becomes a law. Section 19. (1) For the 2017-2018 fiscal year, 55 full-time equivalent positions, with associated salary rate of 2,198,860, are authorized and the sums of$3.5 million in nonrecurring funds from the General Revenue Fund and $4,055,292 in recurring funds and $1,238,148 in nonrecurring funds from the Grants and Donations Trust Fund are appropriated to the ° Department of Health for the purpose of implementing the requirements of this act. Of the funds appropriated, $3,158,572 in recurring funds and $1,238,148 in nonrecurring funds from the Grants and Donations Trust 2 Fund and 27 full-time equivalent positions shall be placed in reserve. The 6 Department of Health is authorized to submit budget amendments El requesting the release of funds being held in reserve pursuant to chapter 216, Florida Statutes contingent upon need and demonstration of fee collections to support the budget authority. U� M (2) For the 2017-2018 fiscal year, the sum of$500,000 in nonrecurring a funds from the General Revenue Fund is appropriated to the Department of Health to implement the statewide cannabis and marijuana education and illicit use prevention campaign established under s. 381.989, Florida U) Statutes. (3) For the 2017-2018 fiscal year, the sum of$5 million in nonrecurring funds from the Highway Safety Operating Trust Fund are appropriated to 0.4 the Department of Highway Safety and Motor Vehicles to implement the statewide impaired driving education campaign established under s. 214 381.989, Florida Statutes. (4) For the 2017-2018 fiscal year,the sum of$100,000 in recurring funds from the Highway Safety Operating Trust Fund is appropriated to the Department of Highway Safety and Motor Vehicles for the purpose of training additional law enforcement officers as drug recognition experts. (5) For the 2017-2018 fiscal year, the sum of$750,000 in nonrecurring funds from the General Revenue Fund is provided for the Coalition for 47 CODING: Words rfr�v^^ are deletions; words underlined ar Packet Pg. 2278 Ch. 2017-232 LAWS OF FLORIDA Ch. 201 Medicinal Cannabis Research and Education at the H. Lee Moffitt Cancer Center and Research Institute, Inc., to conduct medical cannabis research. Section 20. This act shall take effect upon becoming a law. Approved by the Governor June 23, 2017. 0 Filed in Office Secretary of State June 23, 2017. U) U) MP a a 4) 00 I a 4- 0 U) M C3 48 CODING:Words -t�v^^ are deletions; words underlined are a Packet Pg. 2279