Bill Text: FL S0852 | 2016 | Regular Session | Introduced


Bill Title: Medical Marijuana

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-03-11 - Died in Regulated Industries [S0852 Detail]

Download: Florida-2016-S0852-Introduced.html
       Florida Senate - 2016                                     SB 852
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00133B-16                                           2016852__
    1                        A bill to be entitled                      
    2         An act relating to medical marijuana; repealing s.
    3         381.986, F.S., relating to the compassionate use of
    4         low-THC cannabis; creating s. 381.99, F.S.; providing
    5         a short title; creating s. 381.991, F.S.; defining
    6         terms; creating s. 381.992, F.S.; authorizing a
    7         registered patient or a designated caregiver to
    8         purchase, acquire, and possess up to the allowed
    9         amount of medical marijuana for a patient’s medical
   10         use; requiring a registered patient or a designated
   11         caregiver to demonstrate certain actions in order to
   12         maintain the specified protections; authorizing a
   13         cultivation licensee, processing licensee, and
   14         cultivation and processing licensee and an employee or
   15         contractor of such licensee to take specified actions;
   16         authorizing a retail licensee or an employee of a
   17         retail licensee to take specified actions; authorizing
   18         a licensed independent testing laboratory and an
   19         employee of an independent testing laboratory to
   20         receive and process marijuana for the sole purpose of
   21         testing the marijuana for certification as medical
   22         marijuana; providing that specified actions are not
   23         authorized; providing that a person is not exempt from
   24         the prohibition against driving under the influence;
   25         providing that all provisions of part II of ch. 386,
   26         F.S., other than s. 386.2045, F.S., apply to the
   27         smoking of medical marijuana; providing that medical
   28         marijuana may be smoked in a private residence only in
   29         certain circumstances; creating s. 381.993, F.S.;
   30         requiring a qualified patient to submit specified
   31         information to the Department of Health in order to
   32         register for a medical marijuana patient registry
   33         identification card; requiring a physician to submit
   34         to the department a patient-certification form with
   35         specified information before registration for and
   36         issuance of the card to the qualified patient;
   37         authorizing the physician to submit the patient
   38         certification form electronically through the
   39         department’s website; authorizing a qualified patient
   40         to designate a caregiver at specified times to assist
   41         him or her with the medical use of medical marijuana;
   42         requiring the designated caregiver to meet specified
   43         qualifications; prohibiting a designated caregiver
   44         from registering to assist more than one patient at
   45         any given time unless specified circumstances are met;
   46         requiring the department to notify the qualified
   47         patient that the designated caregiver’s registration
   48         is denied; requiring the department to create a
   49         patient and caregiver registration form and a patient
   50         certification form and make those forms available to
   51         the public by a specified date; requiring the
   52         registration form to allow the patient to include
   53         specified information; requiring the department to
   54         create and make available to the public a specified
   55         training course by a specified date; requiring the
   56         department to enter the information for the qualified
   57         patient or his or her designated caregiver into the
   58         medical marijuana patient registry and to issue a
   59         medical marijuana patient registry identification card
   60         to the patient and the designated caregiver after the
   61         receipt of specified documents; requiring that medical
   62         marijuana registry identification cards be resistant
   63         to counterfeiting and include specified information;
   64         providing that patient and designated caregiver
   65         registration and medical marijuana patient registry
   66         identification cards expire 1 year after the date of
   67         issuance; requiring a qualified patient to submit
   68         proof of continued residency and a physician to
   69         certify specified information in order to renew a
   70         registration or medical marijuana patient registry
   71         identification card; requiring a second physician to
   72         submit a patient-certification form to the department
   73         in certain circumstances; requiring the department to
   74         notify specified persons of a change in registration
   75         status in specified circumstances; requiring the
   76         department to give notice within a specified timeframe
   77         to the registered patient and the designated caregiver
   78         before removing the patient or designated caregiver
   79         from the medical marijuana patient registry; requiring
   80         the registered patient or designated caregiver to
   81         return specified items within a specified timeframe
   82         after receiving the notification; requiring a retail
   83         facility to notify the department upon the receipt of
   84         such items; authorizing the retail facility to notify
   85         the department electronically; requiring the next of
   86         kin of a patient or a designated caregiver to return
   87         the identification card of the patient or designated
   88         caregiver to the retail facility after his or her
   89         death; requiring the retail facility to update the
   90         medical marijuana patient registry and notify the
   91         department after the return of the identification
   92         cards; authorizing the retail facility to notify the
   93         department electronically; requiring the department to
   94         compare all registered patients and designated
   95         caregivers in the medical marijuana patient registry
   96         with the records of deaths on file on the electronic
   97         death registration system and to adjust the file of
   98         the patient or designated caregiver accordingly;
   99         requiring the department to notify law enforcement of
  100         the expired or cancelled identification card in
  101         certain circumstances; creating s. 381.994, F.S.;
  102         requiring that the department create a secure, online,
  103         electronic medical marijuana patient registry
  104         containing a file and specified information regarding
  105         each registered patient, designated caregiver, and
  106         certifying physician; requiring that the medical
  107         marijuana patient registry have specified
  108         capabilities; creating s. 381.995, F.S.; requiring the
  109         department to establish operating standards for the
  110         cultivation, processing, packaging, and labeling of
  111         marijuana by a specified date; requiring the
  112         department to develop licensure application forms for
  113         specified licenses and to make such forms available to
  114         the public by a specified date; requiring the
  115         department to establish procedures and requirements
  116         for specified licenses and renewals by a specified
  117         date; authorizing the department to charge specified
  118         fees for an initial application, for licensure, and
  119         for biennial renewal; requiring the department to
  120         begin issuing specified licenses by specified dates;
  121         authorizing the department to issue specified licenses
  122         to an applicant who provides specified materials;
  123         authorizing specified dispensing organizations to
  124         renew their licenses upon a showing that the licensee
  125         meets certain criteria; providing that specified
  126         licenses expire 2 years after the date the licenses
  127         are issued; requiring a licensee to apply for a
  128         renewed license before the expiration date; requiring
  129         a licensee to demonstrate continued compliance with
  130         specified requirements before renewal; authorizing
  131         specified licensees to cultivate marijuana at one or
  132         more facilities only if the licensed facility has been
  133         inspected by the department; requiring that a facility
  134         be inspected and issued a specified license before
  135         beginning cultivation or processing; requiring each
  136         cultivation facility, processing facility, and
  137         cultivation and processing facility to be secure,
  138         closed to the public, and not within a specified
  139         proximity to specified schools, child care facilities,
  140         or licensed service providers; authorizing the
  141         department to establish rules for additional security
  142         and zoning requirements; providing that specified
  143         licensees may cultivate or process marijuana only for
  144         the purpose of producing medical marijuana and only at
  145         a facility licensed for the activity being performed;
  146         authorizing a dispensing organization licensee to
  147         transport, or contract to be transported, medical
  148         marijuana and medical marijuana product; authorizing
  149         specified licensees to sell, transport, and deliver
  150         medical marijuana and medical marijuana product to
  151         retail licensees throughout the state; authorizing
  152         specified licensees to wholesale, transport, and
  153         deliver medical marijuana to another dispensing
  154         organization; restricting the number of available
  155         retail licenses in a county based on population;
  156         authorizing a governing body of a county or
  157         municipality to refuse to allow a retail facility
  158         within its jurisdiction; prohibiting the department
  159         from licensing a retail facility in a county or
  160         municipality that has forbidden retail facilities by
  161         ordinance; providing that a county or municipality may
  162         not prohibit retail deliveries of medical marijuana to
  163         registered patients within the county or municipality;
  164         authorizing a county or municipality to levy a local
  165         business tax on a retail facility; restricting the
  166         locations of retail facilities; requiring an applicant
  167         for a retail license to provide the department with
  168         specified materials; prohibiting the department from
  169         issuing a retail license for the same location as
  170         other specified facilities; requiring the department
  171         to use a lottery system to award licenses in certain
  172         circumstances; providing that dispensing organizations
  173         that were issued licenses before a specified date may
  174         be issued a specified license in certain
  175         circumstances; providing an exemption; providing that
  176         a retail license expires 2 years after the date it is
  177         issued; providing the procedure by which a retail
  178         licensee renews its license; requiring a retail
  179         facility to be inspected by the department before
  180         beginning to dispense medical marijuana; authorizing a
  181         retail licensee to dispense the allowed amount of
  182         medical marijuana to a registered patient or the
  183         patient’s designated caregiver if specified
  184         circumstances are met; prohibiting a retail facility
  185         from repackaging medical marijuana products;
  186         authorizing a retail facility to deliver medical
  187         marijuana to registered patients at a location other
  188         than the licensed location in certain circumstances;
  189         authorizing a retail licensee to contract with
  190         licensed and bonded carriers to transport in vehicles
  191         registered by the department medical marijuana and
  192         medical marijuana product for specified purposes;
  193         requiring the department to adopt rules governing the
  194         transportation of medical marijuana and medical
  195         marijuana products; prohibiting the transportation of
  196         medical marijuana on the property of an airport,
  197         seaport, or spaceport; authorizing a dispensing
  198         organization to transport medical marijuana or medical
  199         marijuana products in vehicles in certain
  200         circumstances; requiring such vehicles to be operated
  201         by specified persons in certain circumstances;
  202         requiring a fee for a vehicle permit; requiring the
  203         signature of the designated driver with a vehicle
  204         permit application; providing for expiration of the
  205         permit in certain circumstances; requiring the
  206         department to cancel a vehicle permit upon the request
  207         of specified persons; providing that the licensee
  208         authorizes the inspection and search of his or her
  209         vehicle without a search warrant by specified persons;
  210         prohibiting a licensee from advertising its medical
  211         marijuana or medical marijuana product; defining the
  212         term “advertise”; providing that inspections of
  213         dispensing organization facilities are preempted to
  214         the state and may be conducted by the department;
  215         requiring the department to inspect and license
  216         specified facilities of dispensing organizations
  217         before those facilities begin operations; requiring
  218         the department to conduct such inspection at least
  219         once every 2 years; authorizing the department to
  220         conduct additional or unannounced inspections at
  221         reasonable hours; authorizing the department to test
  222         medical marijuana or medical marijuana product to
  223         ensure that it meets the standards established by the
  224         department; authorizing the department, through an
  225         interagency agreement, to perform joint inspections of
  226         such facilities; requiring the department to adopt
  227         rules governing access to licensed facilities and
  228         delineating limited access areas, restricted access
  229         areas, and general access areas at all licensed
  230         facilities; providing that a licensee is responsible
  231         for knowing and complying with specified laws and
  232         rules; requiring that the licensed premises comply
  233         with all security and surveillance requirements
  234         established by the department by rule before the
  235         licensee can undertake specified actions; requiring
  236         that specified areas of the licensed facility be
  237         clearly identified as such by signage approved by the
  238         department; requiring that a licensee possess and
  239         maintain possession of the premises for which the
  240         license is issued; requiring a licensee to keep a
  241         complete set of all records necessary to show fully
  242         the business transactions of the licensee for
  243         specified tax years; requiring a licensee to establish
  244         an inventory tracking system that is approved by the
  245         department; requiring that medical marijuana or
  246         medical marijuana product meet the labeling and
  247         packaging requirements as established by the
  248         department by rule; requiring the department to create
  249         a schedule of violations by rule in order to impose
  250         reasonable fines not to exceed a specified amount per
  251         violation; requiring the department to consider
  252         specified factors in determining the amount of the
  253         fine to be levied; authorizing the department to
  254         suspend, revoke, deny, or refuse to renew a license of
  255         a dispensing organization or impose a specified
  256         administrative penalty for specified acts and
  257         omissions; requiring the department to maintain a
  258         publicly available, easily accessible list on its
  259         website of all licensed retail facilities; creating s.
  260         381.9951, F.S.; providing that the sale of medical
  261         marijuana and medical marijuana product is subject to
  262         the sales tax under ch. 212, F.S.; requiring the
  263         Department of Revenue to deposit, in the same month as
  264         the Department of Revenue collects such taxes, all
  265         proceeds of sales taxes collected on the sale of
  266         medical marijuana and medical marijuana product into
  267         the Education/General Student and Other Fees Trust
  268         Fund; creating s. 381.996, F.S.; authorizing a
  269         physician to certify a patient to the department as a
  270         qualified patient if the patient meets certain
  271         criteria; prohibiting a physician from certifying a
  272         patient as a qualified patient if the physician has a
  273         financial interest in a medical marijuana or medical
  274         marijuana product business, enterprise, or independent
  275         testing laboratory; requiring the physician to
  276         electronically transfer an original copy of the
  277         physician recommendation for medical marijuana for
  278         that patient to the medical marijuana patient
  279         registry; requiring the recommendation to include the
  280         allowed amount of medical marijuana and the
  281         concentration ranges for individual cannabinoids, if
  282         any; requiring the physician to update the medical
  283         marijuana patient registry with changes in the
  284         recommendation within a specified timeframe after the
  285         change; requiring a physician to complete a specified
  286         course and examination in order to qualify to issue
  287         patient certifications for medical marijuana;
  288         requiring the appropriate boards to offer the first
  289         course and examination for certification by a
  290         specified date and annually thereafter; providing that
  291         completion of the course satisfies the continuing
  292         medical education requirements imposed by a
  293         physician’s respective board for licensure renewal;
  294         creating s. 381.997, F.S.; requiring the department to
  295         adopt a certification process and testing standards
  296         for independent testing laboratories; requiring the
  297         Department of Agriculture and Consumer Services to
  298         provide resources to the department; prohibiting a
  299         cultivation licensee, processing licensee, and
  300         cultivation and processing licensee from distributing
  301         or selling medical marijuana or medical marijuana
  302         product to a retail licensee unless specified
  303         conditions are met; requiring an independent testing
  304         laboratory to report specified findings to the
  305         department; requiring that such findings include
  306         specified information; requiring the department to
  307         establish by rule a comprehensive tracking and
  308         labeling system for medical marijuana plants and
  309         products; requiring that medical marijuana and medical
  310         marijuana products that meet testing standards be
  311         packaged in a specified manner; providing an
  312         exception; requiring a retail licensee to affix an
  313         additional label to each medical marijuana product
  314         which includes specified information; requiring the
  315         department to establish specified standards for
  316         quality, testing procedures, and maximum levels of
  317         unsafe contaminants by a specified date; creating s.
  318         381.998, F.S.; providing penalties; creating s.
  319         381.999, F.S.; providing that this act does not
  320         require a specified insurance provider or a health
  321         care services plan to cover a claim for reimbursement
  322         for the purchase of medical marijuana, though it does
  323         not restrict such coverage; creating s. 381.9991,
  324         F.S.; authorizing the department to adopt rules to
  325         implement this act; amending ss. 381.987, 385.211,
  326         893.02, and 1004.441, F.S.; conforming provisions to
  327         changes made by the act; authorizing the University of
  328         Florida, in consultation with a veterinary research
  329         organization, to conduct specified research for
  330         treatment of animals with seizure disorders or other
  331         life-limiting illnesses; prohibiting the use of state
  332         funds for such research; providing for severability;
  333         providing an effective date.
  334          
  335  Be It Enacted by the Legislature of the State of Florida:
  336  
  337         Section 1. Section 381.986, Florida Statutes, is repealed.
  338         Section 2. Section 381.99, Florida Statutes, is created to
  339  read:
  340         381.99Short title.—Sections 381.99-381.9991 may be cited
  341  as the “Florida Medical Marijuana Act.”
  342         Section 3. Section 381.991, Florida Statutes, is created to
  343  read:
  344         381.991Definitions.—As used in ss. 381.991-381.9991, the
  345  term:
  346         (1) “Allowed amount of medical marijuana” means the amount
  347  of medical marijuana, or the equivalent amount in processed
  348  form, which a physician determines is necessary to treat a
  349  registered patient’s qualifying condition or qualifying symptom
  350  for 30 days.
  351         (2) “Batch” means a specifically identified quantity of
  352  medical marijuana or medical marijuana product that is uniform
  353  in strain; cultivated using the same herbicides, pesticides, and
  354  fungicides; and harvested at the same time from a single
  355  licensed cultivation facility, processing facility, or
  356  cultivation and processing facility.
  357         (3) “Cultivation” means the use of land for the growth and
  358  harvesting of medical marijuana.
  359         (4) “Cultivation and processing facility” means a single
  360  facility licensed by the department for the cultivation and
  361  processing of marijuana.
  362         (5) “Cultivation and processing license” means a license
  363  issued by the department which authorizes the licensee to
  364  cultivate and process marijuana at the same facility.
  365         (6) “Cultivation facility” means a facility licensed by the
  366  department for the cultivation of marijuana.
  367         (7) “Cultivation license” means a license issued by the
  368  department which authorizes the licensee to cultivate marijuana
  369  at one or more cultivation facilities.
  370         (8)“Department” means the Department of Health.
  371         (9)“Designated caregiver” means a person who is registered
  372  with the department as the caregiver for one or more registered
  373  patients.
  374         (10) “Dispense” means to transfer or sell at a retail
  375  facility the allowed amount of medical marijuana from a
  376  dispensing organization to a registered patient or the
  377  registered patient’s designated caregiver.
  378         (11)“Dispensing organization” means an organization that
  379  holds a cultivation license, a processing license, a retail
  380  license, or a combination of these licenses.
  381         (12) “Independent testing laboratory” means a laboratory,
  382  and the managers, employees, and contractors of the laboratory,
  383  which does not have a direct or indirect interest in, and is not
  384  owned by or affiliated with, a dispensing organization or a
  385  cultivation, processing, or retail facility, individually or in
  386  combination.
  387         (13)“Marijuana” means all parts of any plant of the genus
  388  Cannabis, whether growing or not; the seeds thereof; the resin
  389  extracted from any part of the plant; and every compound,
  390  manufacture, salt, derivative, mixture, or preparation of the
  391  plant or its seeds or resin.
  392         (14)“Medical marijuana” means marijuana that has been
  393  tested in accordance with s. 381.997; meets the standards
  394  established by the department for sale to registered patients;
  395  and is packaged, labeled, and ready to be dispensed.
  396         (15) “Medical marijuana patient registry” means an online
  397  electronic registry created and maintained by the department to
  398  store identifying information for all registered patients,
  399  designated caregivers, and certifying physicians.
  400         (16)“Medical marijuana patient registry identification
  401  card” means a card issued by the department to registered
  402  patients and designated caregivers.
  403         (17)“Medical marijuana product” means any product derived
  404  from medical marijuana, including oils, tinctures, creams,
  405  encapsulations, and food products containing marijuana or any
  406  part of the marijuana plant.
  407         (18)“Medical use” means the acquisition, possession,
  408  transportation, use, and administration of the allowed amount of
  409  medical marijuana by a person registered on the medical
  410  marijuana registry.
  411         (19) “Physician” means a physician who is licensed under
  412  chapter 458 or chapter 459, who meets the requirements of s.
  413  381.996(4), and who has an active Drug Enforcement
  414  Administration registration number.
  415         (20) “Principal” means any officer, director, billing
  416  agent, or managing employee of a dispensing organization or any
  417  person or shareholder who has an ownership interest equal to 5
  418  percent or more of the dispensing organization.
  419         (21) “Processing” means the processing of medical marijuana
  420  into medical marijuana product for a registered patient’s use.
  421         (22) “Processing facility” means a facility licensed by the
  422  department for the processing of marijuana.
  423         (23) “Processing license” means a license issued by the
  424  department which authorizes the licensee to process marijuana at
  425  one or more processing facilities.
  426         (24)“Qualified patient” means a resident of this state who
  427  has been certified by a physician and diagnosed with:
  428         (a) Cancer;
  429         (b) Positive status for human immunodeficiency virus (HIV);
  430         (c) Acquired immune deficiency syndrome (AIDS);
  431         (d) Epilepsy;
  432         (e) Amyotrophic lateral sclerosis (ALS);
  433         (f) Multiple sclerosis;
  434         (g) Crohn’s disease;
  435         (h) Parkinson’s disease;
  436         (i) Paraplegia;
  437         (j) Quadriplegia;
  438         (k) A terminal illness; or
  439         (l) Any physical medical condition or treatment for a
  440  medical condition that chronically produces one or more
  441  qualifying symptoms.
  442         (25) “Qualifying symptom” means:
  443         (a) Cachexia or wasting syndrome;
  444         (b) Severe and persistent pain;
  445         (c) Severe and persistent nausea;
  446         (d) Persistent seizures; or
  447         (e) Severe and persistent muscle spasms.
  448         (26)“Registered patient” means a qualified patient who has
  449  registered with the department on the medical marijuana patient
  450  registry and has been issued a medical marijuana patient
  451  registry identification card.
  452         (27) “Retail facility” means a facility licensed by the
  453  department to dispense medical marijuana to registered patients
  454  and designated caregivers.
  455         (28) “Retail license” means a license issued by the
  456  department which authorizes the licensee to dispense medical
  457  marijuana to registered patients and designated caregivers from
  458  a retail facility.
  459         (29) “Smoking” or “smoke” means inhaling, exhaling,
  460  burning, carrying, or possessing any lighted medical marijuana
  461  or medical marijuana product. It does not include the use of a
  462  vaporizer.
  463         Section 4. Section 381.992, Florida Statutes, is created to
  464  read:
  465         381.992Medical marijuana.—
  466         (1) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  467  any other law, but subject to the requirements in ss. 381.991
  468  381.9991, a registered patient or a designated caregiver may
  469  purchase, acquire, and possess up to the allowed amount of
  470  medical marijuana, including paraphernalia, for a patient’s
  471  medical use. In order to maintain the protections under this
  472  section, a registered patient or a designated caregiver must
  473  demonstrate that:
  474         (a) He or she is legally in possession of the medical
  475  marijuana by producing his or her medical marijuana patient
  476  registry identification card; and
  477         (b) Any medical marijuana in his or her possession is
  478  within the registered patient’s allowed amount of medical
  479  marijuana, which shall be determined by referring to the medical
  480  marijuana patient registry. Dispensing organizations may provide
  481  a physical or an electronic receipt to qualified caregivers or
  482  patients as determined by rule of the department.
  483         (2) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  484  any other law, but subject to the requirements in ss. 381.991
  485  381.9991, a cultivation licensee, a processing licensee, or a
  486  cultivation and processing licensee and an employee or
  487  contractor of a cultivation licensee, a processing licensee, or
  488  a cultivation and processing licensee may acquire, cultivate,
  489  and possess marijuana while on the property of the facility;
  490  transport marijuana between licensed facilities owned by the
  491  licensee; transport marijuana to independent laboratories for
  492  certification as medical marijuana; transport and sell marijuana
  493  to other cultivation licensees, processing licensees, and
  494  cultivation and processing licensees; and transport and sell
  495  medical marijuana to retail facilities.
  496         (3) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  497  any other law, but subject to the requirements in ss. 381.991
  498  381.9991, a retail licensee and an employee of a retail licensee
  499  may purchase and receive medical marijuana from a cultivation
  500  licensee, a processing licensee, and a cultivation and
  501  processing licensee or its employee or contractor; possess,
  502  store, and hold medical marijuana for retail sale; and dispense
  503  the allowed amount of medical marijuana to a registered patient
  504  or a designated caregiver at a retail facility. A retail
  505  licensee and an employee or contractor of a retail licensee may
  506  deliver medical marijuana to a registered patient or designated
  507  caregiver.
  508         (4) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
  509  any other law, but subject to the requirements in ss. 381.991
  510  381.9991, a licensed independent testing laboratory and an
  511  employee of an independent testing laboratory may receive and
  512  possess marijuana for the sole purpose of testing the marijuana
  513  for certification as medical marijuana.
  514         (5) This section does not authorize:
  515         (a) The acquisition, purchase, transportation, or
  516  possession of any type of marijuana other than medical marijuana
  517  by a registered patient or designated caregiver.
  518         (b) The use of medical marijuana by anyone other than the
  519  registered patient for whom the medical marijuana was
  520  recommended.
  521         (c) The transfer or administration of medical marijuana to
  522  anyone other than the registered patient for whom the medical
  523  marijuana was recommended.
  524         (d) The acquisition or purchase of medical marijuana by a
  525  registered patient or designated caregiver from an entity other
  526  than a dispensing organization that has a retail license.
  527         (e) The transfer of medical marijuana by a registered
  528  patient or a designated caregiver to any entity except for the
  529  purpose of returning unused medical marijuana to a dispensing
  530  organization.
  531         (f) The use or administration of medical marijuana:
  532         1. On any form of public transportation.
  533         2. In any public place, as that term is defined in s.
  534  877.21.
  535         3. In a registered patient’s place of work, if restricted
  536  by his or her employer.
  537         (g) The possession, use, or administration of medical
  538  marijuana:
  539         1. In a correctional facility.
  540         2. On the grounds of any preschool, primary school, or
  541  secondary school.
  542         3. On a school bus.
  543         (6) This section does not exempt any person from the
  544  prohibition against driving under the influence provided in s.
  545  316.193.
  546         (7)All provisions of part II of chapter 386 other than s.
  547  386.2045 apply to the smoking of medical marijuana. Medical
  548  marijuana may be smoked in a private residence only if the
  549  owner, lessee, or other person occupying or controlling the use
  550  of the private residence is not providing in the private
  551  residence, or causing or allowing to be provided in the private
  552  residence, child care, adult care, or health care, or any
  553  combination thereof, and receiving or expecting to receive
  554  compensation therefor.
  555         Section 5. Section 381.993, Florida Statutes, is created to
  556  read:
  557         381.993Medical marijuana patient and designated caregiver
  558  registration.—
  559         (1) PATIENT REGISTRATION.—In order to register for a
  560  medical marijuana patient registry identification card, a
  561  qualified patient must submit to the department:
  562         (a) A patient-registration form;
  563         (b) Proof of residency in this state; and
  564         (c) A passport-style photograph taken within 90 days before
  565  the application is submitted.
  566         (2) PHYSICIAN CERTIFICATION.—Before the registration for
  567  and issuance of a medical marijuana patient registry
  568  identification card to a qualified patient, a physician must
  569  submit a patient-certification form to the department. The
  570  physician may submit the patient-certification form
  571  electronically through the department’s website. The patient
  572  certification form must include the following:
  573         (a) A certification by a physician that:
  574         1. The patient suffers from one or more qualifying
  575  conditions or symptoms specified in s. 381.991(24) or s.
  576  381.991(25); and
  577         2. Unless the patient suffers from a condition listed in s.
  578  381.991(24)(a)-(k), in the physician’s good faith medical
  579  judgment, there are no reasonable alternative medical options
  580  for the relief of the patient’s symptoms.
  581         (b) If the patient has no other condition or symptom other
  582  than pain, a second physician who is a board-certified pain
  583  management physician, as defined in s. 456.44, must also submit
  584  a patient-certification form to the department certifying that,
  585  in the physician’s good faith medical judgment, there are no
  586  reasonable alternative medical options for the relief of the
  587  patient’s pain.
  588         (c) If the patient is a minor, a second physician must also
  589  submit a patient-certification form directly to the department
  590  certifying that, in the physician’s good faith medical judgment,
  591  there are no reasonable alternative medical options for the
  592  relief of the patient’s conditions or symptoms.
  593         (d) In addition to the requirement in paragraph (c), a
  594  parent or legal guardian of a minor patient must submit written
  595  consent for the patient’s use of medical marijuana to the
  596  department before the minor patient is registered. A parent or
  597  guardian of a minor patient must be designated as a caregiver
  598  for that patient. A minor patient may not purchase medical
  599  marijuana. The designated caregiver for a minor patient is
  600  responsible for all medical marijuana purchased, acquired, and
  601  possessed for the minor patient. As used in this subsection, the
  602  term “minor” means a patient who is younger than 21 years of
  603  age.
  604         (e) A patient may not smoke medical marijuana unless two
  605  physicians have separately submitted recommendations on patient
  606  certification forms to the department.
  607         (f) On the patient-certification form, the patient’s
  608  physician, or the patient’s primary physician if two patient
  609  certification forms are required, must indicate the allowed
  610  amount of marijuana recommended for the patient’s use. The
  611  department must enter the recommended amount into the medical
  612  marijuana patient registry as the patient’s allowed amount of
  613  medical marijuana. Except for patients who qualify under
  614  paragraph (b), the patient’s prescription for the allowed amount
  615  of medical marijuana expires when the patient’s medical
  616  marijuana patient registry identification card expires. The
  617  patient’s physician or primary physician may recommend a new
  618  allowed amount of medical marijuana to the department at any
  619  time. The department must notify a registered patient of the
  620  pending expiration of the patient’s prescription for the allowed
  621  amount of medical marijuana at least 21 days before the
  622  expiration date. Upon expiration, the department must update the
  623  medical marijuana patient registry to reflect that the patient’s
  624  prescription for the allowed amount of medical marijuana is
  625  expired. A retail facility may not dispense any medical
  626  marijuana to a patient whose prescription for the allowed amount
  627  of medical marijuana is expired.
  628         (g) For patients who qualify under paragraph (b), the
  629  patient’s allowed amount of medical marijuana expires 90 days
  630  after the allowed amount of medical marijuana is prescribed or
  631  upon expiration of the patient’s medical marijuana patient
  632  registry identification card, whichever occurs first. In order
  633  to renew the patient’s prescription for the allowed amount of
  634  medical marijuana, the patient’s primary physician must
  635  reexamine the patient and submit an updated physician
  636  recommendation on a patient-certification form for the patient’s
  637  allowed amount of medical marijuana.
  638         (3) DESIGNATED CAREGIVER REGISTRATION.—A qualified patient
  639  may, at his or her initial registration or while a registered
  640  patient, designate a caregiver, as well as up to two additional
  641  caregivers who are the patient’s spouse, parents, children, or
  642  siblings, to assist him or her with the medical use of medical
  643  marijuana.
  644         (a) A designated caregiver must:
  645         1. Be at least 21 years of age;
  646         2. Meet the background screening requirements in s. 408.809
  647  unless the caregiver is assisting only his or her own spouse,
  648  parents, children, or siblings; and
  649         3. Complete the 2-hour medical marijuana caregiver training
  650  course offered by the department.
  651         (b) A designated caregiver may not be registered to assist
  652  more than one patient at any given time unless all of the
  653  caregiver’s registered patients:
  654         1. Are the caregiver’s parents, siblings having a common
  655  parent or legal guardian with the caregiver, or children;
  656         2. Are first-degree relations to each other who share a
  657  residence; or
  658         3. Reside in an assisted living facility, nursing home, or
  659  other such facility and the caregiver is an employee of that
  660  facility.
  661         (c) If the department determines, for any reason, that a
  662  caregiver designated by a registered patient may not assist that
  663  patient, the department must notify the qualified patient that
  664  the caregiver’s registration is denied.
  665         (4) DEPARTMENT RESPONSIBILITIES.—
  666         (a) By January 1, 2017, the department shall:
  667         1. Create a patient and caregiver registration form and a
  668  patient-certification form and make the forms available to the
  669  public. The registration form must allow the patient to include,
  670  at a minimum, the information required to be on the patient’s
  671  medical marijuana patient registry identification card and on
  672  his or her designated caregiver’s medical marijuana patient
  673  registry identification card if the patient designates a
  674  caregiver.
  675         2. Create and make available to the public a 2-hour medical
  676  marijuana designated caregiver training course that must be
  677  available online and be given in retail facilities. The training
  678  course must include, at a minimum, routes of administration,
  679  details on possible side effects of and adverse reactions to
  680  medical marijuana, and patient and caregiver restrictions and
  681  responsibilities under this act and any rules adopted by the
  682  department to implement the act.
  683         (b) Beginning July 1, 2017, if the department receives a
  684  registration form, the supporting patient-certification form,
  685  and proof of the patient’s residency, the department must,
  686  within 14 days after the receipt of such documents:
  687         1.Enter the qualified patient’s and his or her designated
  688  caregiver’s information into the medical marijuana patient
  689  registry; and
  690         2.Issue a medical marijuana patient registry
  691  identification card to the qualified patient and to the
  692  patient’s designated caregiver, if applicable. The department is
  693  not required to issue an additional medical marijuana patient
  694  registry identification card to a designated caregiver who
  695  already possesses a valid identification card if the caregiver
  696  is registered as the caregiver for additional registered
  697  patients unless the required information under paragraph (c) has
  698  changed. The expiration date for a designated caregiver’s
  699  medical marijuana patient registry identification card must
  700  coincide with the last occurring expiration date on the
  701  identification card of the patient the caregiver is registered
  702  to assist.
  703         (c) Medical marijuana patient registry identification cards
  704  issued to registered patients and designated caregivers must be
  705  resistant to counterfeiting and include, but are not limited to,
  706  all of the following information:
  707         1. The person’s full legal name.
  708         2.The person’s photograph.
  709         3.A randomly assigned identification number.
  710         4.An expiration date.
  711         5.Whether the registered patient is authorized to smoke
  712  medical marijuana.
  713         (5) EXPIRATION AND RENEWAL OF PATIENT REGISTRATION AND
  714  MEDICAL MARIJUANA PATIENT REGISTRY IDENTIFICATION CARDS.—
  715         (a) Except as provided in subparagraph (4)(b)2., patient
  716  and designated caregiver registration and medical marijuana
  717  patient registry identification cards expire 1 year after the
  718  date the cards are issued. In order to renew the registration
  719  and medical marijuana patient registry identification cards, a
  720  qualified patient must submit proof of continued residency, and
  721  a physician must certify to the department:
  722         1. That he or she has examined the patient during the
  723  course of the patient’s treatment with medical marijuana;
  724         2. That the patient suffers from one or more qualifying
  725  conditions or symptoms specified in s. 381.991(24) or s.
  726  381.991(25);
  727         3. That, except for patients suffering from the conditions
  728  listed in s. 381.991(24)(a)-(k), in the physician’s good faith
  729  medical judgment, there are no reasonable alternative medical
  730  options for the relief of the symptoms;
  731         4. That, in the physician’s good faith medical judgment,
  732  the use of medical marijuana gives the patient some relief from
  733  his or her symptoms; and
  734         5. The allowed amount of medical marijuana that the
  735  physician recommends for the patient’s use.
  736         (b) For the renewal of a patient registration and medical
  737  marijuana patient registry identification card of a patient who
  738  qualifies under paragraph (2)(b), a second physician who is a
  739  board-certified pain management physician, as defined in s.
  740  456.44, must also submit a patient-certification form to the
  741  department certifying that, in the physician’s good faith
  742  medical judgment, there are no reasonable alternative medical
  743  options for the relief of the patient’s pain.
  744         (6) PATIENT AND CAREGIVER DISQUALIFICATION.—If the
  745  department becomes aware of information that would disqualify a
  746  patient or designated caregiver from being registered, the
  747  department must notify that person of the change in his or her
  748  status as follows:
  749         (a) For a registered patient, the department must give
  750  notice at least 30 days before removing the patient from the
  751  medical marijuana patient registry. The patient must return all
  752  medical marijuana, medical marijuana product, and his or her
  753  medical marijuana patient registry identification card to a
  754  retail facility within 30 days after receiving such notice. The
  755  retail facility must notify the department within 24 hours after
  756  it has received such a return. The retail facility may notify
  757  the department electronically.
  758         (b) For any designated caregiver, the department must give
  759  notice to the registered patient and the designated caregiver at
  760  least 15 days before removing the designated caregiver from the
  761  medical marijuana patient registry. The designated caregiver
  762  must return his or her medical marijuana patient registry
  763  identification card to a retail facility within 15 days after
  764  receiving such notice. The retail facility must notify the
  765  department within 24 hours after it has received such a return.
  766  The retail facility may notify the department electronically.
  767         (c) If a registered patient or designated caregiver dies,
  768  the patient’s designated caregiver or the patient’s or
  769  designated caregiver’s next of kin must return the patient’s or
  770  designated caregiver’s medical marijuana patient registry
  771  identification card to a retail facility within 30 days after
  772  the patient’s or designated caregiver’s death. If the deceased
  773  is a patient with a designated caregiver who is not registered
  774  to assist other patients, the designated caregiver must also
  775  return his or her medical marijuana patient registry
  776  identification card to the retail facility at that time. When
  777  receiving such medical marijuana patient registry identification
  778  cards, the retail facility must update the medical marijuana
  779  patient registry with the patient’s or caregiver’s death and
  780  notify the department of the return of the medical marijuana
  781  patient registry identification cards. The retail facility may
  782  notify the department electronically.
  783         (d) Quarterly, the department must compare all the
  784  registered patients and designated caregivers in the medical
  785  marijuana patient registry with the records of deaths on file on
  786  the electronic death registration system in order to identify
  787  any registered patients or designated caregivers who are
  788  deceased but are not yet identified as such. If the department
  789  becomes aware that a registered patient or designated caregiver
  790  is deceased, the department must adjust that patient’s or
  791  designated caregiver’s file in the medical marijuana patient
  792  registry.
  793         (e) If a registered patient or designated caregiver is
  794  disqualified or deceased or his or her registration expires and
  795  the department becomes aware that the patient or designated
  796  caregiver’s medical marijuana patient registry identification
  797  card has not been returned to a retail facility, the department
  798  must notify a law enforcement agency of the expired or cancelled
  799  medical marijuana patient registry identification card.
  800         Section 6. Section 381.994, Florida Statutes, is created to
  801  read:
  802         381.994 Electronic medical marijuana patient registry.—
  803         (1) By July 1, 2017, the department must create a secure,
  804  online medical marijuana patient registry that is accessible by
  805  the department and that contains a file for each registered
  806  patient and designated caregiver and for each certifying
  807  physician consisting of, but not limited to, all of the
  808  following:
  809         (a) For a registered patient:
  810         1.His or her full legal name;
  811         2.His or her photograph;
  812         3. The randomly assigned identification number on his or
  813  her identification card;
  814         4. The expiration date of the medical marijuana patient
  815  registry identification card;
  816         5. The full legal name of his or her designated caregiver,
  817  if any;
  818         6. His or her allowed amount of medical marijuana;
  819         7. The concentration ranges of specified cannabinoids, if
  820  any, recommended by the patient’s certifying physician; and
  821         8. Whether or not the patient is authorized to smoke
  822  medical marijuana.
  823         (b) For a designated caregiver:
  824         1. His or her full legal name;
  825         2.His or her photograph;
  826         3. The randomly assigned identification number on his or
  827  her identification card;
  828         4. The expiration date of the medical marijuana patient
  829  registry identification card;
  830         5. The full legal name or names of all registered patients
  831  the caregiver is registered to assist;
  832         6. The allowed amount of medical marijuana for each patient
  833  the caregiver is registered to assist; and
  834         7. The concentration ranges of specified cannabinoids, if
  835  any, recommended by the certifying physician for each respective
  836  patient the caregiver is registered to assist.
  837         (c) For a physician:
  838         1. His or her full legal name; and
  839         2. His or her license number.
  840         (d) The date and time of dispensing, and the allowed amount
  841  of medical marijuana dispensed, for each of that registered
  842  patient’s or designated caregiver’s transactions with a
  843  dispensing organization.
  844         (2) The medical marijuana patient registry must be able to:
  845         (a) Be accessed by a retail licensee or employee to verify
  846  the authenticity of a medical marijuana patient registry
  847  identification card, to verify the allowed amount and any
  848  specified type of medical marijuana recommended by a registered
  849  patient’s physician, and to determine the prior dates on which,
  850  and times at which, medical marijuana was dispensed to the
  851  registered patient and the amount dispensed on each occasion;
  852         (b) Accept in real time the original and updated physician
  853  recommendation for medical marijuana from certifying physicians;
  854         (c) Be accessed by law enforcement agencies in order to
  855  verify a patient or caregiver authorization for possession of an
  856  allowed amount of medical marijuana; and
  857         (d) Accept and post initial and updated information to each
  858  registered patient’s file from the dispensing organization which
  859  shows the date, time, and amount of medical marijuana dispensed
  860  to that registered patient at the point of sale.
  861         Section 7. Section 381.995, Florida Statutes, is created to
  862  read:
  863         381.995 Dispensing organizations.—
  864         (1) DEPARTMENT RESPONSIBILITIES.—By January 1, 2017, the
  865  department shall establish operating standards for the
  866  cultivation, processing, packaging, and labeling of marijuana;
  867  establish standards for the sale of medical marijuana; develop
  868  licensure application forms for cultivation licenses, processing
  869  licenses, cultivation and processing licenses, and retail
  870  licenses and make such forms available to the public; establish
  871  procedures and requirements for cultivation facility licenses
  872  and renewals, processing facility licenses and renewals,
  873  cultivation and processing facility licenses and renewals, and
  874  retail licenses and renewals; and begin accepting applications
  875  for licensure.
  876         (2) LICENSE APPLICATION AND RENEWAL FEES.—
  877         (a) For a cultivation and processing license, the
  878  department may charge an initial application fee not to exceed
  879  $1,000, a licensure fee not to exceed $100,000, and a biennial
  880  renewal fee not to exceed $100,000.
  881         (b) For a cultivation license, the department may charge an
  882  initial application fee not to exceed $1,000, a licensure fee
  883  not to exceed $50,000, and a biennial renewal fee not to exceed
  884  $50,000.
  885         (c) For a processing license, the department may charge an
  886  initial application fee not to exceed $1,000, a licensure fee
  887  not to exceed $50,000, and a biennial renewal fee not to exceed
  888  $50,000.
  889         (d) For a retail license, the department may charge an
  890  initial application fee not to exceed $1,000, a licensure fee
  891  not to exceed $10,000, and a biennial renewal fee not to exceed
  892  $10,000.
  893         (e) Upon payment of an initial application fee not to
  894  exceed $1,000, a licensure fee not to exceed $110,000, and a
  895  biennial renewal fee not to exceed $110,000, as applicable, the
  896  department shall issue to applicants that meet all of the
  897  licensing requirements imposed by this section a combined multi
  898  use license that includes all of the licenses issued under this
  899  section and allows the licensee, upon issuance of the license,
  900  to simultaneously engage in cultivation, processing, and retail
  901  activities under this section. Applicants for the combined
  902  multi-use license must meet all of the requirements for each
  903  individual license. The licensee of a combined multi-use license
  904  issued under this paragraph must comply with all of the
  905  requirements imposed on licensees under this act. An entity that
  906  holds a license issued pursuant to former s. 381.986, Florida
  907  Statutes 2015, or rules adopted pursuant to that section are
  908  grandfathered and shall be issued a combined multi-use permit
  909  upon application to the department on or after March 1, 2017.
  910         (3) CULTIVATION AND PROCESSING LICENSES.—The department
  911  must begin issuing cultivation and processing licenses,
  912  cultivation licenses, and processing licenses by March 1, 2017,
  913  and retail licenses by July 1, 2017.
  914         (a) The department may issue a cultivation and processing
  915  license, a cultivation license, or a processing license to an
  916  applicant who provides:
  917         1. A completed license application form;
  918         2. The initial application fee;
  919         3. The full legal name of the applicant;
  920         4. The physical address of each location where marijuana
  921  will be cultivated, processed, or cultivated and processed;
  922         5.The name, address, and date of birth of each principal,
  923  if applicable;
  924         6.The name, address, and date of birth of each of the
  925  applicant’s current employees who will participate in the
  926  operations of the dispensing organization;
  927         7.Proof that all principals, contractors, and employees of
  928  the applicant have passed a level 2 background screening
  929  pursuant to chapter 435 within the prior year;
  930         8. Proof of an established infrastructure or the ability to
  931  establish an infrastructure in a reasonable amount of time
  932  designed to, as applicable to the license requested, cultivate,
  933  process, test, package, and label marijuana and to deliver
  934  medical marijuana to retail facilities throughout the state;
  935         9. Proof that the applicant possesses the technical and
  936  technological ability to cultivate, process, test, or cultivate
  937  and process medical marijuana, as applicable to the license
  938  requested;
  939         10. Proof of operating procedures designed to secure and
  940  maintain accountability for all marijuana and marijuana-related
  941  byproducts it may possess;
  942         11. Proof of the financial ability to maintain operations
  943  for the duration of the license;
  944         12. Proof of at least $1 million of hazard and liability
  945  insurance for each licensed cultivation facility or processing
  946  facility; and
  947         13. A $1 million performance and compliance bond, to be
  948  forfeited if the licensee fails to maintain its license for the
  949  duration of the licensure period or fails to comply with the
  950  substantive requirements of this subsection and applicable
  951  agency rules for the duration of the licensure period.
  952         (b) A dispensing organization that was issued a license
  953  before July 1, 2016, may renew its license as cultivation
  954  licensee, processing licensee, or cultivation and processing
  955  licensee upon a showing that it meets the requirements in this
  956  section.
  957         (c) A cultivation license, a processing license, or a
  958  cultivation and processing license expires 2 years after the
  959  date it is issued. The licensee must apply for a renewed license
  960  before the expiration date. In order to receive a renewed
  961  license, the licensee must provide all documents required under
  962  paragraph (a) and must not have any outstanding substantial
  963  violation of the standards established by the department for the
  964  cultivation, processing, testing, packaging, and labeling of
  965  marijuana and medical marijuana.
  966         (d) A cultivation licensee, a processing licensee, and a
  967  cultivation and processing licensee may cultivate marijuana at
  968  one or more facilities only if each licensed facility has been
  969  inspected by the department. A cultivation and processing
  970  licensee may process marijuana at one or more processing
  971  facilities. A cultivation and processing licensee may cultivate
  972  and process marijuana at the same facility only if that facility
  973  has been inspected by the department and issued both a
  974  cultivation facility license and a processing facility license.
  975         (e) Before beginning cultivation, processing, or
  976  cultivation and processing at a facility, the facility must be
  977  inspected and issued a cultivation facility license, a
  978  processing facility license, or a cultivation and processing
  979  license by the department. The department must inspect and
  980  certify a facility within 30 days after receiving a request for
  981  certification from a dispensing organization.
  982         (f) After the license of a cultivation facility, a
  983  processing facility, or a cultivation and processing facility
  984  expires, the facility must be reinspected and reissued a new
  985  license if the facility passes inspection. Each cultivation
  986  facility, processing facility, or cultivation and processing
  987  facility must be secure and closed to the public and may not be
  988  located within 1,000 feet of an existing public or private
  989  elementary or secondary school, a child care facility as defined
  990  in s. 402.302, or a licensed service provider offering substance
  991  abuse services. The department may establish by rule additional
  992  security and zoning requirements for cultivation facilities,
  993  processing facilities, and cultivation and processing
  994  facilities. All matters regarding the licensure and regulation
  995  of cultivation, processing, and cultivation and processing
  996  facilities, including the location of such facilities, are
  997  preempted to the state.
  998         (g) A cultivation licensee, a processing licensee, and a
  999  cultivation and processing licensee may cultivate or process
 1000  marijuana only for the purpose of producing medical marijuana
 1001  and may do so only at a facility licensed for the activity being
 1002  performed. The processing may include, but is not limited to,
 1003  processing marijuana into medical marijuana and processing
 1004  medical marijuana into various forms, including, but not limited
 1005  to, topical applications, oils, and food products for a
 1006  registered patient’s use. A dispensing organization may use a
 1007  contractor to cultivate marijuana, to process marijuana into
 1008  medical marijuana, or to process medical marijuana into other
 1009  forms, but the dispensing organization is responsible for all of
 1010  the operations performed by each contractor relating to the
 1011  cultivation and processing of marijuana and the physical
 1012  possession of all marijuana and medical marijuana. All work done
 1013  by a contractor must be performed at a facility licensed for the
 1014  activity being performed. All marijuana byproducts that cannot
 1015  be processed or reprocessed into medical marijuana must be
 1016  destroyed by the dispensing organization or its contractor
 1017  within 48 hours after processing is completed.
 1018         (h) A dispensing organization licensee may transport, or
 1019  contract to have transported, medical marijuana and medical
 1020  marijuana product to one or more independent testing
 1021  laboratories to be tested and licensed as medical marijuana.
 1022         (i) A cultivation licensee, a processing licensee, and a
 1023  cultivation and processing licensee may sell, transport, and
 1024  deliver medical marijuana and medical marijuana product to
 1025  retail licensees throughout the state. A cultivation licensee, a
 1026  processing licensee, and a cultivation and processing licensee
 1027  may also wholesale, transport, and deliver medical marijuana to
 1028  another dispensing organization.
 1029         (4) RETAIL LICENSES.—The number of retail licenses in any
 1030  county may not exceed one license to each 50,000 residents in
 1031  the county. The governing body of a county or municipality may,
 1032  by ordinance, refuse to allow retail facilities to be located
 1033  within its jurisdiction. The department may not license any
 1034  retail facility in a county or municipality if the board of
 1035  county commissioners for that county or the city council or
 1036  other legislative body of the municipality determines by
 1037  ordinance that retail facilities may not be located within that
 1038  county or municipality. A county or municipality may not
 1039  prohibit retail deliveries of medical marijuana to registered
 1040  patients within the county or municipality. A county or
 1041  municipality may levy a local business tax on a retail facility.
 1042  A retail facility may not be located on the same property as a
 1043  cultivation facility, a processing facility, or a cultivation
 1044  and processing facility or within 1,000 feet of an existing
 1045  public or private elementary or secondary school, a child care
 1046  facility as defined in s. 402.302, or a licensed service
 1047  provider that offers substance abuse services.
 1048         (a) An applicant for a retail license must provide the
 1049  department with, at a minimum, all of the following:
 1050         1. A completed retail license application form.
 1051         2. The initial application fee.
 1052         3. The full legal name of the applicant.
 1053         4. The physical address of the retail facility where
 1054  medical marijuana will be dispensed.
 1055         5. Identifying information for all other current or
 1056  previous retail licenses held by the applicant.
 1057         6.The name, address, and date of birth for each of the
 1058  applicant’s principals.
 1059         7.The name, address, and date of birth of each of the
 1060  applicant’s current employees who will participate in the
 1061  operations of the dispensing organization.
 1062         8.Proof that all principals, contractors, and employees of
 1063  the applicant have passed a level 2 background screening
 1064  pursuant to chapter 435 within the prior year.
 1065         9. Proof of an established infrastructure or the ability to
 1066  establish an infrastructure in a reasonable amount of time which
 1067  is designed to receive medical marijuana from a cultivation
 1068  licensee, a processing licensee, or a cultivation and processing
 1069  licensee, the ability to maintain the security of the retail
 1070  facility to prevent theft or diversion of any medical marijuana
 1071  product received, the ability to correctly dispense the allowed
 1072  amount and specified type of medical marijuana to a registered
 1073  patient or his or her designated caregiver pursuant to a
 1074  physician’s recommendation, the ability to check the medical
 1075  marijuana patient registry, and the ability to electronically
 1076  update the medical marijuana patient registry with dispensing
 1077  information.
 1078         10. Proof of operating procedures designed to secure and
 1079  maintain accountability for all medical marijuana and medical
 1080  marijuana product that it may receive and possess.
 1081         11. Proof of the financial ability to maintain operations
 1082  for the duration of the license.
 1083         12. Proof of at least $500,000 of hazard and liability
 1084  insurance for each license.
 1085         13. A $1 million performance and compliance bond, for each
 1086  license, to be forfeited if the licensee fails to maintain the
 1087  license for the duration of the licensure period or fails to
 1088  comply with the requirements of this paragraph for the duration
 1089  of the licensure period.
 1090         (b) The department may not issue a retail license for a
 1091  facility that is located on the same property as a cultivation
 1092  facility, processing facility, or cultivation and processing
 1093  facility.
 1094         (c)If the number of completed applications received
 1095  exceeds the number of available licenses in a county, the
 1096  department shall use a lottery system to award licenses. The
 1097  department may issue multiple retail licenses to a single
 1098  qualified entity; however, to encourage a competitive
 1099  marketplace, when multiple entities have applied for a license
 1100  in the same county, the department shall deny an applicant’s
 1101  inclusion in the lottery if the applicant, or a person with a
 1102  direct or indirect interest in the applicant, has a direct or
 1103  indirect interest in another applicant in the lottery or another
 1104  retail facility licensed within the county.
 1105         (d) A dispensing organization that was issued a license
 1106  before July 1, 2016, may be issued a retail facility license
 1107  upon a showing that the licensee meets the requirements in this
 1108  subsection. Such licensee is exempt from the limitation on the
 1109  number of retail facility licenses that may be issued per county
 1110  as provided in this subsection.
 1111         (e) A retail license expires 2 years after the date it is
 1112  issued. The retail licensee must reapply for renewed licensure
 1113  before the expiration date. In order to qualify for a renewed
 1114  license, a retail licensee must meet all of the requirements for
 1115  initial licensure and have no outstanding substantial violations
 1116  of the applicable standards established by the department.
 1117         (f) Before beginning to dispense, each retail facility must
 1118  be inspected by the department. Retail licensees may dispense
 1119  the allowed amount of medical marijuana to a registered patient
 1120  or the patient’s designated caregiver only if the dispensing
 1121  organization’s employee:
 1122         1.Verifies the authenticity of the patient’s or
 1123  caregiver’s identification card with the medical marijuana
 1124  patient registry;
 1125         2. Verifies the physician’s recommendation for medical
 1126  marijuana with the medical marijuana patient registry;
 1127         3.Determines that the registered patient has not been
 1128  dispensed the allowed amount of marijuana within the previous 30
 1129  days;
 1130         4.Issues the registered patient or the patient’s caregiver
 1131  a receipt that details the date and time of dispensing, the
 1132  amount of medical marijuana dispensed, and the person to whom
 1133  the medical marijuana was dispensed; and
 1134         5. Updates the medical marijuana patient registry with the
 1135  date and time of dispensing and the amount and type of medical
 1136  marijuana being dispensed to the registered patient before
 1137  dispensing to that patient or that patient’s designated
 1138  caregiver.
 1139         (g) A retail facility may not repackage or modify a medical
 1140  marijuana product that has already been packaged for retail sale
 1141  by cultivation or processing facilities.
 1142         (h) Retail facilities may deliver medical marijuana to
 1143  registered patients at a location other than the licensed
 1144  location of the facility in vehicles registered with the
 1145  department, as provided in subsection (5).
 1146         (i) Retail licensees may contract with licensed and bonded
 1147  carriers to transport in vehicles registered with the
 1148  department, as provided in subsection (5), medical marijuana and
 1149  medical marijuana product between properties owned by the
 1150  licensee and to deliver it to the residence of a registered
 1151  patient.
 1152         (5) VEHICLES AND TRANSPORTATION.—
 1153         (a) The department shall adopt rules to:
 1154         1. Establish a documentation system, including
 1155  transportation manifests, for the transportation of medical
 1156  marijuana and medical marijuana products between licensed
 1157  facilities.
 1158         2. Establish health and sanitation standards for the
 1159  transportation of medical marijuana and medical marijuana
 1160  products.
 1161         3. Require all medical marijuana and medical marijuana
 1162  products transported between licensed facilities to be
 1163  transported in tamper-evident shipping containers.
 1164         4. Require all medical marijuana and medical marijuana
 1165  products to be packaged for sale by a cultivation or processing
 1166  licensee.
 1167         (b) Medical marijuana may not be transported on the
 1168  property of an airport, seaport, or spaceport.
 1169         (c) A dispensing organization may transport medical
 1170  marijuana or medical marijuana products departing from their
 1171  places of business only in vehicles that are owned or leased by
 1172  the licensee or by a person designated by the dispensing
 1173  organization, and for which a valid vehicle permit has been
 1174  issued for such vehicle by the department.
 1175         (d) Only a person designated by the dispensing organization
 1176  may operate a permitted vehicle to transport medical marijuana
 1177  from the licensee’s place of business.
 1178         (e) A vehicle owned or leased by the dispensing
 1179  organization or a person designated by the dispensing
 1180  organization and approved by the department must be operated by
 1181  such person when transporting medical marijuana or medical
 1182  marijuana product from the licensee’s place of business.
 1183         (f) A vehicle permit may be obtained by a dispensing
 1184  organization upon application and payment of a fee of $500 per
 1185  vehicle to the department. The signature of the person
 1186  designated by the dispensing organization to drive the vehicle
 1187  must be included on the vehicle permit application. Such permit
 1188  remains valid and does not expire unless the licensee or any
 1189  person designated by the dispensing organization disposes of his
 1190  or her vehicle, or the licensee’s license is transferred,
 1191  cancelled, not renewed, or revoked by the department, whichever
 1192  occurs first. The department shall cancel a vehicle permit upon
 1193  request of the licensee or owner of the vehicle.
 1194         (g) By acceptance of a license issued under this section,
 1195  the licensee agrees that the licensed vehicle is, at all times
 1196  it is being used to transport medical marijuana or medical
 1197  marijuana product, subject to inspection and search without a
 1198  search warrant by authorized employees of the department,
 1199  sheriffs, deputy sheriffs, police officers, or other law
 1200  enforcement officers to determine that the licensee is
 1201  transporting such products in compliance with this section.
 1202         (6) ADVERTISING PROHIBITED.—A licensee under this act may
 1203  not advertise its medical marijuana or medical marijuana
 1204  product. For the purpose of this subsection, the term
 1205  “advertise” means to advise, announce, give notice of, publish,
 1206  or call attention by use of oral, written, or graphic statement
 1207  made in a newspaper or other publication or on radio or
 1208  television, any electronic medium, or contained in any notice,
 1209  handbill, sign, including signage on any vehicle, flyer,
 1210  catalog, or letter, or printed on or contained in any tag or
 1211  label attached to or accompanying medical marijuana or medical
 1212  marijuana product.
 1213         (7) INSPECTIONS OF DISPENSING ORGANIZATION FACILITIES.
 1214  Inspections of dispensing organization facilities, other than
 1215  those inspections required for fire and building safety, are
 1216  preempted to the state and may be conducted by the department.
 1217  The department must inspect and license each dispensing
 1218  organization’s cultivation facilities, processing facilities,
 1219  cultivation and processing facilities, and retail facilities
 1220  before those facilities begin operations. The department must
 1221  also inspect each licensed facility, as well as any property
 1222  used for cultivation of marijuana, at least once every 2 years.
 1223  The department may also conduct additional announced or
 1224  unannounced inspections at reasonable hours in order to ensure
 1225  that such facilities and properties meet the standards set by
 1226  the department. The department may test any medical marijuana or
 1227  medical marijuana product in order to ensure that such medical
 1228  marijuana or medical marijuana product meets the standards
 1229  established by the department. The department may, by
 1230  interagency agreement with the Department of Business and
 1231  Professional Regulation or with the Department of Agriculture
 1232  and Consumer Services, perform joint inspections of such
 1233  facilities with those agencies.
 1234         (8) ACCESS TO LICENSED FACILITIES.—The department shall
 1235  adopt rules governing access to licensed facilities and
 1236  delineating limited access areas, restricted access areas, and
 1237  general access areas at all licensed facilities. Access to
 1238  limited access areas must be limited to licensees and their
 1239  employees and escorted visitors. Access to restricted access
 1240  areas must be limited to licensees and their employees,
 1241  qualified patients, personal caregivers, and escorted visitors.
 1242  The department may adopt rules governing visitor access to
 1243  limited access and restricted access areas, including, but not
 1244  limited to, the number of visitors that may be escorted on the
 1245  premises at any given time and the number of visitors that may
 1246  be escorted by a single employee.
 1247         (9) ADDITIONAL REQUIREMENTS.—
 1248         (a) A licensee is responsible for knowing and complying
 1249  with all state laws and rules governing medical marijuana.
 1250         (b) The licensed premises must comply with all security and
 1251  surveillance requirements established by the department by rule
 1252  before the licensee can cultivate, sell, dispense, possess,
 1253  process, or test any medical marijuana on the licensed premises.
 1254  All areas of ingress or egress to limited access areas of the
 1255  licensed facility must be clearly identified as such by signage
 1256  approved by the department.
 1257         (c) A licensee must possess and maintain possession of the
 1258  premises for which the license is issued by ownership, lease,
 1259  rental, or other arrangement for possession of the premises.
 1260         (d) A licensee must keep a complete set of all records
 1261  necessary to show fully the business transactions of the
 1262  licensee, all of which shall be open at all times during
 1263  business hours for inspections and examination by the department
 1264  and the duly authorized representatives of the Department of Law
 1265  Enforcement. A licensee must retain all books and records
 1266  necessary to show fully the business transactions of the
 1267  business for a period of the current tax year and the 3
 1268  preceding tax years as required by the department by rule.
 1269         (e) A licensee must establish an inventory tracking system
 1270  that is approved by the department.
 1271         (f) Any medical marijuana or medical marijuana product must
 1272  meet the labeling and packaging requirements as established by
 1273  the department by rule.
 1274         (10) VIOLATIONS, FINES, AND ADMINISTRATIVE PENALTIES.—
 1275         (a) The department must create a schedule of violations in
 1276  rule in order to impose reasonable fines not to exceed $10,000
 1277  per violation on a dispensing organization. In determining the
 1278  amount of the fine to be levied for a violation, the department
 1279  shall consider:
 1280         1. The severity of the violation;
 1281         2. Any actions taken by the dispensing organization to
 1282  correct the violation or to remedy complaints; and
 1283         3. Any previous violations.
 1284         (b) The department may suspend, revoke, deny, or refuse to
 1285  renew a license of a dispensing organization, or impose an
 1286  administrative penalty not to exceed $10,000, for the following
 1287  acts or omissions:
 1288         1.Violating this act or department rule.
 1289         2.Failing to maintain qualifications for licensure.
 1290         3.Endangering the health, safety, or security of a
 1291  qualified patient.
 1292         4.Improperly disclosing personal and confidential
 1293  information of the qualified patient.
 1294         5.Attempting to procure a license by bribery or fraudulent
 1295  misrepresentation.
 1296         6.Being convicted or found guilty of, or entering a plea
 1297  of nolo contendere to, regardless of adjudication, a crime in
 1298  any jurisdiction which directly relates to the business of a
 1299  dispensing organization.
 1300         7.Making or filing a report or record that the licensee
 1301  knows to be false.
 1302         8.Willfully failing to maintain a record required by this
 1303  section or rule of the department.
 1304         9.Willfully impeding or obstructing an employee or agent
 1305  of the department in the furtherance of his or her official
 1306  duties.
 1307         10.Engaging in fraud or deceit, negligence, incompetence,
 1308  or misconduct in the business practices of a dispensing
 1309  organization.
 1310         11.Making misleading, deceptive, or fraudulent
 1311  representations in or related to the business practices of a
 1312  dispensing organization.
 1313         12.Having a license or the authority to engage in any
 1314  regulated profession, occupation, or business that is related to
 1315  the business practices of a dispensing organization revoked,
 1316  suspended, or otherwise acted against, including the denial of
 1317  licensure, by the licensing authority of any jurisdiction,
 1318  including its agencies or subdivisions, for a violation that
 1319  would constitute a violation under state law. A licensing
 1320  authority’s acceptance of a relinquishment of licensure or a
 1321  stipulation, consent order, or other settlement, offered in
 1322  response to or in anticipation of the filing of charges against
 1323  the licensee, shall be construed as an action against the
 1324  license.
 1325         13.Violating a lawful order of the department or an agency
 1326  of the state, or failing to comply with a lawfully issued
 1327  subpoena of the department or an agency of the state.
 1328         (11) DISPENSING ORGANIZATION LIST.—The department shall
 1329  maintain a publicly available, easily accessible list on its
 1330  website of all licensed retail facilities.
 1331         Section 8. Section 381.9951, Florida Statutes, is created
 1332  to read:
 1333         381.9951 Taxes on medical marijuana and medical marijuana
 1334  product.—
 1335         (1) Notwithstanding s. 212.08, the sale of medical
 1336  marijuana and all medical marijuana product is subject to the
 1337  sales tax under chapter 212.
 1338         (2) The Department of Revenue must deposit, in the same
 1339  month as the department collects such taxes, all proceeds of
 1340  sales taxes collected on the sale of medical marijuana and
 1341  medical marijuana product into the Education/General Student and
 1342  Other Fees Trust Fund to fund research and development related
 1343  to the safety and efficacy of medical marijuana and medical
 1344  marijuana product as determined by the Board of Governors.
 1345         Section 9. Section 381.996, Florida Statutes, is created to
 1346  read:
 1347         381.996Patient certification.—
 1348         (1) A physician may certify a patient to the department as
 1349  a qualified patient if:
 1350         (a) The physician has seen the patient on a regular basis
 1351  for a period of at least 3 months;
 1352         (b) The physician, in his or her good faith medical
 1353  judgment, finds that the patient chronically suffers from one or
 1354  more of the qualifying conditions or symptoms specified in s.
 1355  381.991(24) or s. 381.991(25); and
 1356         (c) For patients who do not suffer from a condition listed
 1357  in s. 381.991(24)(a)-(k), the physician certifies that in his or
 1358  her good faith medical judgment, there are no reasonable
 1359  alternative medical options for that patient’s relief of such
 1360  symptom or symptoms.
 1361         (d) The physician does not have a financial interest in a
 1362  business or enterprise engaged in the cultivation, processing,
 1363  or retail sale of medical marijuana or medical marijuana
 1364  products or in an independent testing laboratory that conducts
 1365  tests of medical marijuana or medical marijuana products.
 1366         (2) After certifying a patient by submitting a patient
 1367  certification form to the department, the physician must
 1368  electronically transfer an original copy of the physician
 1369  recommendation for medical marijuana for that patient to the
 1370  medical marijuana patient registry. The physician recommendation
 1371  must include, at a minimum, the allowed amount of medical
 1372  marijuana and the concentration ranges for individual
 1373  cannabinoids, if any. The physician must also update the medical
 1374  marijuana patient registry with any changes in the
 1375  specifications of his or her recommendation for that patient
 1376  within 7 days after the change.
 1377         (3) If the physician becomes aware that alternative
 1378  treatments are available, that the patient no longer suffers
 1379  from his or her qualifying condition or symptom, or if the
 1380  physician’s recommendation for the allowed amount of medical
 1381  marijuana changes for that patient, the physician must update
 1382  the medical marijuana patient registry with the new information
 1383  within 7 days.
 1384         (4) In order to qualify to issue patient certifications for
 1385  medical marijuana, and before recommending medical marijuana for
 1386  any patient, a physician must successfully complete an 8-hour
 1387  course and subsequent examination offered by the Florida Medical
 1388  Association or the Florida Osteopathic Medical Association, as
 1389  appropriate, which encompasses the clinical indications for the
 1390  appropriate use of medical marijuana, the appropriate delivery
 1391  mechanisms, the contraindications of the use of medical
 1392  marijuana, and the relevant state and federal laws governing the
 1393  ordering, dispensing, and possession of medical marijuana. The
 1394  appropriate boards shall offer the first course and examination
 1395  for certification by October 1, 2016, and shall administer them
 1396  at least annually thereafter. Successful completion of the
 1397  course may be used by a physician to satisfy 8 hours of the
 1398  continuing medical education requirements imposed by his or her
 1399  respective board for licensure renewal. This course may be
 1400  offered in a distance-learning format. Successful completion of
 1401  the course and examination is required for every physician who
 1402  recommends medical marijuana each time such physician renews his
 1403  or her license.
 1404         Section 10. Section 381.997, Florida Statutes, is created
 1405  to read:
 1406         381.997Medical marijuana testing and labeling.—
 1407         (1) To ensure accurate reporting of test results, the
 1408  department shall adopt by rule a certification process and
 1409  testing standards for independent testing laboratories. The
 1410  Department of Agriculture and Consumer Services shall provide
 1411  resources to the department regarding the certification process
 1412  and standards for laboratories that test similar agricultural
 1413  products and their derivatives in this state. The standards must
 1414  include, but are not limited to, educational requirements for
 1415  laboratory directors, proficiency testing for professional
 1416  licensees employed by a laboratory, standard operating
 1417  procedures, and quality control procedures for testing.
 1418         (2) A cultivation licensee, a processing licensee, and a
 1419  cultivation and processing licensee may not distribute or sell
 1420  medical marijuana or medical marijuana product to a retail
 1421  licensee unless the batch of origin of that medical marijuana or
 1422  medical marijuana product has been tested by an independent
 1423  testing laboratory and the cultivation licensee, processing
 1424  licensee, or cultivation and processing licensee has received
 1425  test results from that laboratory which certify that the batch
 1426  meets the quality standards established by the department.
 1427         (3) When testing a batch of marijuana or marijuana product,
 1428  an independent testing laboratory must, at a minimum, test for
 1429  unsafe contaminants and for presence and concentration of
 1430  individual cannabinoids.
 1431         (4) Each independent testing laboratory must report its
 1432  findings for each batch tested to the cultivation licensee,
 1433  processing licensee, or cultivation and processing licensee from
 1434  which the batch originated and to the department. Such findings
 1435  must include, at a minimum, the certificate number or numbers of
 1436  the cultivation facility, processing facility, or cultivation
 1437  and processing facility from which the batch originated, the
 1438  size and batch number of the batch tested, the types of tests
 1439  performed on the batch, and the results of each test.
 1440         (5) The department shall establish by rule a comprehensive
 1441  tracking and labeling system that allows a medical marijuana
 1442  plant or product to be identified and tracked from cultivation
 1443  to final retail product. The department may establish rules
 1444  determining qualifications for private entities to provide
 1445  product tracking services to meet the requirements of this
 1446  subsection and may establish a preferred vendor list using those
 1447  qualifications.
 1448         (6) Before distribution or sale to a retail licensee, any
 1449  medical marijuana or medical marijuana product that meets
 1450  department testing standards must be packaged in a child
 1451  resistant container and labeled with at least the name and
 1452  license number of the cultivation licensee, processing licensee,
 1453  cultivation and processing licensee, or combined multi-use
 1454  licensee; the certificate number of the facility or facilities
 1455  where the batch was harvested and processed; the harvest or
 1456  production batch number; the concentration range of each
 1457  individual cannabinoid present at testing; a warning statement
 1458  and a universal, easily identifiable symbol indicating that the
 1459  package contains medical marijuana; and any other information
 1460  required under Florida or federal law, rules, or regulations for
 1461  that form of the product, including any additional information
 1462  required for edible products. For purposes of this subsection,
 1463  any oil-based extraction meant for direct consumption in small
 1464  quantities as a supplement need not be labeled as a food
 1465  product.
 1466         (7) Before sale to a registered patient or designated
 1467  caregiver, a retail licensee must affix an additional label to
 1468  each medical marijuana product which includes the licensee’s
 1469  name and license number and the patient identification number of
 1470  the qualified patient who is to receive the product.
 1471         (8) By January 1, 2017, the department must establish
 1472  standards for quality, testing procedures, and maximum levels of
 1473  unsafe contaminants. The department must also create a list of
 1474  individual cannabinoids that must be tested for, concentrations
 1475  that are considered significant for those cannabinoids, and
 1476  varying ranges of concentrations for each cannabinoid upon which
 1477  a physician may base his or her recommendation for a patient’s
 1478  use of a specific strain of medical marijuana.
 1479         Section 11. Section 381.998, Florida Statutes, is created
 1480  to read:
 1481         381.998 Penalties.—
 1482         (1)A physician commits a misdemeanor of the first degree,
 1483  punishable as provided in s. 775.082 or s. 775.083, if he or she
 1484  recommends medical marijuana for a patient without a reasonable
 1485  belief that the patient is suffering from a condition or symptom
 1486  listed in s. 381.991(24) or s. 381.991(25).
 1487         (2) A person who fraudulently represents that he or she has
 1488  a medical condition or symptom listed in s. 381.991(24) or s.
 1489  381.991(25) for the purpose of being recommended medical
 1490  marijuana by such physician commits a misdemeanor of the first
 1491  degree, punishable as provided in s. 775.082 or s. 775.083.
 1492         (3) A person who knowingly and fraudulently attempts to use
 1493  or uses an identification card that is expired, is counterfeit,
 1494  or belongs to someone other than the person attempting to use
 1495  the card commits a misdemeanor of the first degree, punishable
 1496  as provided in s. 775.082 or s. 775.083.
 1497         Section 12. Section 381.999, Florida Statutes, is created
 1498  to read:
 1499         381.999 Insurance.—The Florida Medical Marijuana Act does
 1500  not require a governmental, private, or other health insurance
 1501  provider or health care services plan to cover a claim for
 1502  reimbursement for the purchase of medical marijuana, though it
 1503  does not restrict such coverage.
 1504         Section 13. Section 381.9991, Florida Statutes, is created
 1505  to read:
 1506         381.9991 Rulemaking authority.—The department may adopt
 1507  rules to implement ss. 381.99-381.9991.
 1508         Section 14. Section 381.987, Florida Statutes, is amended
 1509  to read:
 1510         381.987 Public records exemption for personal identifying
 1511  information in the medical marijuana patient compassionate use
 1512  registry.—
 1513         (1) A patient’s personal identifying information held by
 1514  the department in the medical marijuana patient compassionate
 1515  use registry established under s. 381.994 s. 381.986, including,
 1516  but not limited to, the patient’s name, address, telephone
 1517  number, and government-issued identification number, and all
 1518  information pertaining to the physician’s recommendation order
 1519  for medical marijuana low-THC cannabis and the dispensing
 1520  thereof are confidential and exempt from s. 119.07(1) and s.
 1521  24(a), Art. I of the State Constitution.
 1522         (2) A physician’s identifying information held by the
 1523  department in the medical marijuana patient compassionate use
 1524  registry established under s. 381.994 s. 381.986, including, but
 1525  not limited to, the physician’s name, address, telephone number,
 1526  government-issued identification number, and Drug Enforcement
 1527  Administration number, and all information pertaining to the
 1528  physician’s recommendation order for medical marijuana low-THC
 1529  cannabis and the dispensing thereof are confidential and exempt
 1530  from s. 119.07(1) and s. 24(a), Art. I of the State
 1531  Constitution.
 1532         (3) The department shall allow access to the registry,
 1533  including access to confidential and exempt information, to:
 1534         (a) A law enforcement agency that is investigating a
 1535  violation of law regarding cannabis in which the subject of the
 1536  investigation claims an exception established under s. 381.992
 1537  s. 381.986.
 1538         (b) A dispensing organization approved by the department
 1539  pursuant to s. 381.995 s. 381.986 which is attempting to verify
 1540  the authenticity of a physician’s recommendation order for
 1541  medical marijuana low-THC cannabis, including whether the
 1542  recommendation order had been previously filled and whether the
 1543  recommendation order was written for the person attempting to
 1544  have it filled.
 1545         (c) A physician who has written a recommendation an order
 1546  for medical marijuana low-THC cannabis for the purpose of
 1547  monitoring the patient’s use of such medical marijuana cannabis
 1548  or for the purpose of determining, before issuing a
 1549  recommendation an order for medical marijuana low-THC cannabis,
 1550  whether another physician has recommended ordered the patient’s
 1551  use of medical marijuana low-THC cannabis. The physician may
 1552  access the confidential and exempt information only for the
 1553  patient for whom he or she has recommended ordered or is
 1554  determining whether to recommend order the use of medical
 1555  marijuana low-THC cannabis pursuant to s. 381.993(2) s. 381.986.
 1556         (d) An employee of the department for the purposes of
 1557  maintaining the registry and periodic reporting or disclosure of
 1558  information that has been redacted to exclude personal
 1559  identifying information.
 1560         (e) The department’s relevant health care regulatory boards
 1561  responsible for the licensure, regulation, or discipline of a
 1562  physician if he or she is involved in a specific investigation
 1563  of a violation of s. 381.995(10) s. 381.986. If a health care
 1564  regulatory board’s investigation reveals potential criminal
 1565  activity, the board may provide any relevant information to the
 1566  appropriate law enforcement agency.
 1567         (f) A person engaged in bona fide research if the person
 1568  agrees:
 1569         1. To submit a research plan to the department which
 1570  specifies the exact nature of the information requested and the
 1571  intended use of the information;
 1572         2. To maintain the confidentiality of the records or
 1573  information if personal identifying information is made
 1574  available to the researcher;
 1575         3. To destroy any confidential and exempt records or
 1576  information obtained after the research is concluded; and
 1577         4. Not to contact, directly or indirectly, for any purpose,
 1578  a patient or physician whose information is in the registry.
 1579         (4) All information released from the registry under
 1580  subsection (3) remains confidential and exempt, and a person who
 1581  receives access to such information must maintain the
 1582  confidential and exempt status of the information received.
 1583         (5) A person who willfully and knowingly violates this
 1584  section commits a felony of the third degree, punishable as
 1585  provided in s. 775.082, s. 775.083, or s. 775.084.
 1586         (6) This section is subject to the Open Government Sunset
 1587  Review Act in accordance with s. 119.15 and shall stand repealed
 1588  on October 2, 2019, unless reviewed and saved from repeal
 1589  through reenactment by the Legislature.
 1590         Section 15. Section 385.211, Florida Statutes, is amended
 1591  to read:
 1592         385.211 Refractory and intractable epilepsy treatment and
 1593  research at recognized medical centers.—
 1594         (1) As used in this section, the term “medical marijuana”
 1595  “low-THC cannabis” means “medical marijuana” “low-THC cannabis”
 1596  as defined in s. 381.991 s. 381.986 that is dispensed only from
 1597  a dispensing organization as defined in s. 381.991 s. 381.986.
 1598         (2) Notwithstanding chapter 893, medical centers recognized
 1599  pursuant to s. 381.925 may conduct research on cannabidiol and
 1600  medical marijuana low-THC cannabis. This research may include,
 1601  but is not limited to, the agricultural development, production,
 1602  clinical research, and use of liquid medical derivatives of
 1603  cannabidiol and medical marijuana low-THC cannabis for the
 1604  treatment for refractory or intractable epilepsy. The authority
 1605  for recognized medical centers to conduct this research is
 1606  derived from 21 C.F.R. parts 312 and 316. Current state or
 1607  privately obtained research funds may be used to support the
 1608  activities described in this section.
 1609         Section 16. Subsection (3) of section 893.02, Florida
 1610  Statutes, is amended to read:
 1611         893.02 Definitions.—The following words and phrases as used
 1612  in this chapter shall have the following meanings, unless the
 1613  context otherwise requires:
 1614         (3) “Cannabis” means all parts of any plant of the genus
 1615  Cannabis, whether growing or not; the seeds thereof; the resin
 1616  extracted from any part of the plant; and every compound,
 1617  manufacture, salt, derivative, mixture, or preparation of the
 1618  plant or its seeds or resin. The term does not include “medical
 1619  marijuana” “low-THC cannabis,” as defined in s. 381.991 s.
 1620  381.986, if manufactured, possessed, sold, purchased, delivered,
 1621  distributed, or dispensed, in conformance with the Florida
 1622  Medical Marijuana Act s. 381.986.
 1623         Section 17. Section 1004.441, Florida Statutes, is amended
 1624  to read:
 1625         1004.441 Refractory and intractable epilepsy treatment and
 1626  Research on the use of medical marijuana to treat serious
 1627  medical conditions and symptoms.—
 1628         (1) As used in this section, the term “medical marijuana”
 1629  “low-THC cannabis” means “medical marijuana” “low-THC cannabis”
 1630  as defined in s. 381.991 s. 381.986 that is dispensed only from
 1631  a dispensing organization as defined in s. 381.991 s. 381.986.
 1632         (2) Notwithstanding chapter 893, state universities with
 1633  both medical and agricultural research programs, including those
 1634  that have satellite campuses or research agreements with other
 1635  similar institutions, may conduct research on medical marijuana
 1636  and cannabidiol and low-THC cannabis. This research may include,
 1637  but is not limited to, the agricultural development, production,
 1638  clinical research, and use of liquid medical derivatives and
 1639  medical marijuana product and of cannabidiol and low-THC
 1640  cannabis for the treatment of any qualifying condition or
 1641  qualifying symptom listed in s. 381.991 for refractory or
 1642  intractable epilepsy. The authority for state universities to
 1643  conduct this research is derived from 21 C.F.R. parts 312 and
 1644  316. Current state or privately obtained research funds may be
 1645  used to support the activities authorized by this section.
 1646         Section 18. The University of Florida, in consultation with
 1647  a veterinary research organization, may conduct research to
 1648  determine the benefits and contraindications of the use of low
 1649  THC cannabis and low-THC cannabis products for treatment of
 1650  animals with seizure disorders or other life-limiting illnesses.
 1651  State funds may not be used for such research.
 1652         Section 19. If any provision of this act or its application
 1653  to any person or circumstance is held invalid, the invalidity
 1654  does not affect other provisions or applications of the act
 1655  which can be given effect without the invalid provision or
 1656  application, and to this end the provisions of this act are
 1657  severable.
 1658         Section 20. This act shall take effect July 1, 2016.

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