Bill Text: FL S1916 | 2021 | Regular Session | Introduced


Bill Title: Legalization of Recreational Marijuana

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-04-30 - Died in Regulated Industries [S1916 Detail]

Download: Florida-2021-S1916-Introduced.html
       Florida Senate - 2021                                    SB 1916
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-01732-21                                           20211916__
    1                        A bill to be entitled                      
    2         An act relating to legalization of recreational
    3         marijuana; amending s. 20.165, F.S.; renaming the
    4         Division of Alcoholic Beverages and Tobacco of the
    5         Department of Business and Professional Regulation;
    6         amending s. 561.025, F.S.; renaming the Alcoholic
    7         Beverage and Tobacco Trust Fund; specifying
    8         distribution of funds; providing directives to the
    9         Division of Law Revision; creating ch. 566, F.S.,
   10         entitled “Recreational Marijuana”; defining terms;
   11         exempting certain activities involving marijuana from
   12         use and possession offenses; authorizing persons age
   13         21 and over to engage in certain activities involving
   14         personal use of marijuana in limited amounts;
   15         providing limits on where persons may engage in
   16         specified activities; prohibiting the use of false
   17         identification by persons under 21 years of age for
   18         specified activities relating to recreational
   19         marijuana; providing civil penalties; providing for
   20         personal cultivation; specifying possession limits;
   21         specifying duties of the Division of Alcoholic
   22         Beverages, Marijuana, and Tobacco; providing for
   23         issuance of early approval adult use dispensing
   24         organization licenses; specifying selection criteria;
   25         providing for conditional adult use dispensing
   26         organization licenses; providing for the issuance of
   27         such licenses after a specified date; providing for
   28         adult use dispensing organization licenses; providing
   29         for identification cards for dispensing organization
   30         agents; requiring owners, managers, employees, and
   31         agents of adult use dispensing organizations to
   32         complete certain training by a specified date;
   33         providing requirements for the training program;
   34         providing for the renewal of adult use dispensing
   35         organization licenses; requiring disclosure of
   36         ownership and control of dispensing organizations;
   37         requiring evidence of financial responsibility for
   38         issuance, maintenance, or reactivation of a license;
   39         providing requirements for such evidence; providing
   40         for changes to dispensing organizations; providing for
   41         administration of dispensing organizations; providing
   42         operational requirements; providing requirements for
   43         inventory control systems; providing storage
   44         requirements; providing dispensing requirements;
   45         providing requirements for destruction and disposal of
   46         cannabis; requiring designation of an agent-in-charge;
   47         providing requirements for such agents; requiring
   48         dispensaries to have specified security measures;
   49         specifying requirements for such security measures;
   50         requiring dispensaries to keep and maintain certain
   51         records; specifying recordkeeping requirements;
   52         providing for the closure of dispensaries; providing
   53         the department with inspection and investigative
   54         authority; providing for nondisciplinary citations for
   55         minor violations; specifying grounds for disciplinary
   56         actions; authorizing temporary suspension of licenses;
   57         authorizing consent orders to resolve certain
   58         disciplinary complaints; providing for hearings on
   59         disciplinary complaints; authorizing the department to
   60         issue subpoenas and administer oaths; providing for
   61         issuance of adult use cultivation center licenses;
   62         providing license requirements; providing for early
   63         approval of adult use cultivation center licenses;
   64         providing for conditional adult use cultivation center
   65         license applications; providing requirements for such
   66         centers; providing for scoring of applications;
   67         providing for denial of applications under certain
   68         circumstances; providing cultivation center
   69         requirements and prohibitions; providing for
   70         cultivation center agent identification cards;
   71         requiring cultivation center agent background checks;
   72         providing for renewal of cultivation center licenses
   73         and agent identification cards; providing for
   74         licensure of craft growers; providing license
   75         requirements; providing for applications and scoring;
   76         prohibiting issuance of craft grower licenses to
   77         specified persons under certain circumstances;
   78         providing for denial of applications under certain
   79         circumstances; providing requirements and prohibitions
   80         for craft growers; providing for craft grower
   81         identification cards; requiring background checks;
   82         providing for renewal of licenses and identification
   83         cards; providing for licensing of infuser
   84         organizations; providing license requirements;
   85         providing for applications and scoring; providing for
   86         denial of applications under certain circumstances;
   87         providing infuser organization requirements and
   88         prohibitions; providing for infuser organization
   89         identification cards; providing requirements for the
   90         adequate supply of cannabis-infused products;
   91         requiring background checks; providing for renewal of
   92         licenses and identification cards; providing for
   93         licensing of transporting organizations; providing
   94         license requirements; providing for applications and
   95         scoring; providing for denial of applications under
   96         certain circumstances; providing transporting
   97         organization requirements and prohibitions; providing
   98         for identification cards; requiring background checks;
   99         providing for renewal of licenses and identification
  100         cards; providing for cannabis testing facilities;
  101         requiring approval of testing facilities; providing
  102         requirements for such facilities; requiring certain
  103         tests to be performed before manufacturing or natural
  104         processing of any cannabis or cannabis-infused product
  105         or packaging cannabis for sale to a dispensary;
  106         requiring the department to establish certain
  107         standards; authorizing the department to adopt rules;
  108         authorizing certain enforcement actions by the
  109         department; authorizing the Attorney General to
  110         enforce certain provisions under the Florida Deceptive
  111         and Unfair Trade Practices Act; providing immunity
  112         from prosecution or discipline under certain
  113         provisions for licensees for engaging in licensed
  114         conduct; providing construction; providing standards
  115         and requirements for advertising and promotions;
  116         providing standards and requirements for packaging and
  117         labeling; requiring certain warning labels; providing
  118         for certain local zoning ordinances for regulated
  119         businesses; providing for nonconflicting local
  120         ordinances and rules; authorizing certain local
  121         regulation of on-premises cannabis consumption;
  122         defining terms; authorizing establishment of
  123         restricted cannabis zones; providing a process for
  124         local governments to create such zones; providing
  125         requirements for such zones; requiring the Attorney
  126         General to advocate to quash certain federal
  127         subpoenas; authorizing certain scientific and medical
  128         researchers to purchase, possess, securely store,
  129         administer, and distribute marijuana under certain
  130         circumstances and for specified purposes; providing
  131         construction; authorizing the department to adopt
  132         rules; providing that engaging in certain conduct may
  133         not be the basis for certain findings related to good
  134         moral character; providing criminal penalties;
  135         providing for enforcement of certain tax provisions;
  136         providing for search, seizure, and forfeiture of
  137         cannabis under certain circumstances; amending s.
  138         500.03, F.S.; providing that marijuana establishments
  139         that sell food containing marijuana are considered
  140         food establishments for the purposes of specified
  141         regulations; creating s. 500.105, F.S.; specifying
  142         that food products containing marijuana which are
  143         prepared in permitted food establishments and sold by
  144         licensed retail marijuana stores are not considered
  145         adulterated; amending s. 562.13, F.S.; prohibiting
  146         licensed marijuana establishments from employing
  147         person under 18 years of age; amending s. 569.0073,
  148         F.S.; exempting licensed marijuana establishments from
  149         specified provisions regulating the sale of pipes and
  150         smoking devices; amending s. 893.03, F.S.; removing
  151         cannabis from the schedule of controlled substances;
  152         amending ss. 893.13 and 893.135, F.S.; providing that
  153         conduct authorized under ch. 566, F.S., is not
  154         prohibited by specified controlled substance
  155         prohibitions; removing restrictions on possession and
  156         sale of cannabis; creating s. 893.13501, F.S.;
  157         providing for retroactive effect of amendments to ss.
  158         893.03, 893.13, and 893.135, F.S., by this act;
  159         providing for sentence review for certain offenders;
  160         requiring notice to certain offenders; providing
  161         procedures for resentencing or release of offenders;
  162         providing exceptions; creating s. 943.0586, F.S.;
  163         defining terms; authorizing an individual convicted of
  164         certain offenses to have his or her criminal history
  165         record sealed or petition the court for expunction of
  166         his or her criminal history record under certain
  167         circumstances; requiring the individual to first
  168         obtain a certificate of eligibility from the
  169         Department of Law Enforcement; requiring the
  170         department to adopt rules establishing the procedures
  171         for applying for and issuing such certificates;
  172         requiring the department to issue a certificate under
  173         certain circumstances; providing for the expiration of
  174         and reapplication for the certificate; providing for
  175         sealing of certain records upon the department’s
  176         determination of eligibility; providing requirements
  177         for a petition for expunction; providing criminal
  178         penalties; providing for the court’s authority over
  179         its own procedures, with an exception; requiring the
  180         court to order the expunction of a criminal history
  181         record under certain circumstances; providing that
  182         expunction of certain criminal history records does
  183         not affect eligibility for expunction of other
  184         criminal history records; providing procedures for
  185         processing expunction petitions and orders; providing
  186         that a person granted an expunction may lawfully deny
  187         or fail to acknowledge the underlying arrest or
  188         conviction, with exceptions; providing that a person
  189         may not be deemed to have committed perjury or
  190         otherwise held liable for giving a false statement if
  191         he or she fails to recite or acknowledge an expunged
  192         criminal history record; amending s. 943.0595, F.S.;
  193         conforming provisions to changes made by the act;
  194         defining terms; requiring the department to establish
  195         and administer the Florida College System Cannabis
  196         Vocational Pilot Program in coordination with the
  197         Board of Education; authorizing the department to
  198         issue a specified number of program licenses by a
  199         specified date; authorizing Florida College System
  200         institutions awarded program licenses to offer a
  201         Career in Cannabis Certificate; providing requirements
  202         for the certificate; authorizing the department to
  203         adopt rules; providing for the issuance of program
  204         licenses; providing requirements and prohibitions for
  205         program licensees; providing for faculty
  206         identification cards; providing enforcement authority
  207         to the department; providing for inspections;
  208         providing requirements for faculty identification
  209         cards; requiring the board to submit a report to the
  210         Governor and the Legislature by a specified date;
  211         providing requirements for the report; providing for
  212         the repeal of the pilot program; amending ss.
  213         456.0635, 772.12, 893.055, 893.0551, 893.15, 893.21,
  214         921.0022, and 948.20, F.S.; conforming provisions to
  215         changes made by the act; providing an effective date.
  216          
  217  Be It Enacted by the Legislature of the State of Florida:
  218  
  219         Section 1. Paragraph (b) of subsection (2) of section
  220  20.165, Florida Statutes, is amended to read:
  221         20.165 Department of Business and Professional Regulation.
  222  There is created a Department of Business and Professional
  223  Regulation.
  224         (2) The following divisions of the Department of Business
  225  and Professional Regulation are established:
  226         (b) Division of Alcoholic Beverages, Marijuana, and
  227  Tobacco.
  228         Section 2. Section 561.025, Florida Statutes, is amended to
  229  read:
  230         561.025 Alcoholic Beverage, Marijuana, and Tobacco Trust
  231  Fund.—There is created within the State Treasury the Alcoholic
  232  Beverage, Marijuana, and Tobacco Trust Fund. All funds collected
  233  by the division under ss. 210.15, 210.40, or under s. 569.003
  234  and the Beverage Law with the exception of state funds collected
  235  pursuant to ss. 563.05, 564.06, and 565.12 shall be deposited in
  236  the State Treasury to the credit of the trust fund,
  237  notwithstanding any other provision of law to the contrary. In
  238  addition, funds collected by the division under chapter 566
  239  shall be deposited into the trust fund. Moneys deposited to the
  240  credit of the trust fund shall be used to operate the division
  241  and to provide a proportionate share of the operation of the
  242  office of the secretary and the Division of Administration of
  243  the Department of Business and Professional Regulation; except
  244  that:
  245         (1) The revenue transfer provisions of ss. 561.32 and
  246  561.342(1) and (2) shall continue in full force and effect, and
  247  the division shall cause such revenue to be returned to the
  248  municipality or county in the manner provided for in s. 561.32
  249  or s. 561.342(1) and (2).; and
  250         (2) Ten percent of the revenues derived from retail tobacco
  251  products dealer permit fees collected under s. 569.003 shall be
  252  transferred to the Department of Education to provide for
  253  teacher training and for research and evaluation to reduce and
  254  prevent the use of tobacco products by children.
  255         Section 3. (1)The Division of Law Revision is directed to
  256  prepare a reviser’s bill for the 2022 Regular Session of the
  257  Legislature to:
  258         (a)Redesignate the Division of Alcoholic Beverages and
  259  Tobacco of the Department of Business and Professional
  260  Regulation as the “Division of Alcoholic Beverages, Marijuana,
  261  and Tobacco” and the Alcoholic Beverage and Tobacco Trust Fund
  262  as the “Alcoholic Beverage, Marijuana, and Tobacco Trust Fund,”
  263  respectively, wherever those terms appear in the Florida
  264  Statutes.
  265         (b)Correct any cross-references in the Florida Statutes
  266  that need revision due to the changes made by this act.
  267         (2)The Division of Law Revision is directed to substitute
  268  the date this act becomes law for the phrase “the effective date
  269  of this act” wherever it occurs in the text of this act or any
  270  bill adhering to this act.
  271         Section 4. Chapter 566, Florida Statutes, consisting of
  272  sections 566.011-566.806, is created to read:
  273                             CHAPTER 566                           
  274                       RECREATIONAL MARIJUANA                      
  275         566.011Definitions.—As used in this chapter, the term:
  276         (1)“Adult use cultivation center license” means a license
  277  issued by the department which permits a person to act as a
  278  cultivation center under this chapter and any rule adopted
  279  pursuant thereto.
  280         (2)“Adult use dispensing organization license” means a
  281  license issued by the department which permits a person to act
  282  as a medical marijuana treatment center under this chapter and
  283  any rule adopted pursuant thereto.
  284         (3)“Advertise” means to engage in promotional activities,
  285  including, but not limited to, newspaper, radio, Internet and
  286  electronic media, and television advertising; the distribution
  287  of fliers and circulars; and the display of window and interior
  288  signs.
  289         (4)“BLS region” means a region in this state used by the
  290  United States Bureau of Labor Statistics to gather and
  291  categorize employment and wage data.
  292         (5)“Cannabis” means marijuana, hashish, and other
  293  substances that are identified as including any parts of the
  294  plant Cannabis sativa and including derivatives or subspecies,
  295  such as indica, of all strains of cannabis, whether growing or
  296  not; the seeds thereof and the resin extracted from any part of
  297  the plant; and any compound, manufacture, salt, derivative,
  298  mixture, or preparation of the plant, its seeds, or its resin,
  299  including tetrahydrocannabinol (THC) and all other naturally
  300  produced cannabinol derivatives, whether produced directly or
  301  indirectly by extraction; however, “cannabis” does not include
  302  the mature stalks of the plant, fiber produced from the stalks,
  303  oil or cake made from the seeds of the plant, or any other
  304  compound, manufacture, salt, derivative, mixture, or preparation
  305  of the mature stalks; except, the resin extracted from it,
  306  fiber, oil or cake, or the sterilized seed of the plant that is
  307  incapable of germination. Cannabis does not include industrial
  308  hemp as defined and authorized under the Industrial Hemp Act.
  309  “Cannabis” also means concentrate and cannabis-infused products.
  310         (6)“Cannabis business establishment” means a cultivation
  311  center, craft grower, processing organization, dispensing
  312  organization, or transporting organization.
  313         (7)“Cannabis concentrate” means a product derived from
  314  cannabis that is produced by extracting cannabinoids from the
  315  plant through the use of a solvent approved by the department.
  316         (8)“Cannabis container” means a sealed, traceable,
  317  container or package used for the purpose of containment of
  318  cannabis or cannabis-infused product during transportation.
  319         (9)“Cannabis flower” means marijuana, hashish, and other
  320  substances that are identified as including any parts of and any
  321  derivatives or subspecies from the plant Cannabis sativa, such
  322  as indica, of all strains of cannabis, including raw kief,
  323  leaves, and buds, but not resin that has been extracted from any
  324  part of such plant. The term includes any compound, manufacture,
  325  salt, derivative, mixture, or preparation of such plant, its
  326  seeds, or its resin.
  327         (10)“Cannabis-infused product” means a beverage, food,
  328  oil, ointment, tincture, topical formulation, or any other
  329  product containing cannabis that is not intended to be smoked.
  330         (11)“Cannabis plant monitoring system” or “plant
  331  monitoring system” means a system that includes, but is not
  332  limited to, testing and data collection established and
  333  maintained by the cultivation center, craft grower, or
  334  processing organization and that is available to the department,
  335  the Department of Revenue, and the Department of Law Enforcement
  336  for the purposes of documenting each cannabis plant and
  337  monitoring plant development throughout the life cycle of a
  338  cannabis plant cultivated for the intended use by a customer
  339  from seed planting to final packaging.
  340         (12)“Cannabis testing facility” means an entity registered
  341  by the department to test cannabis for potency and contaminants.
  342         (13)“Clone” means a plant section from a female cannabis
  343  plant not yet rootbound, growing in a water solution or other
  344  propagation matrix, that is capable of developing into a new
  345  plant.
  346         (14)“Conditional adult use cultivation center license”
  347  means a license awarded to top-scoring applicants which allows
  348  an adult to use the license and reserves the right for an adult
  349  use cultivation center license if the applicant meets certain
  350  conditions as determined by the department by rule, but does not
  351  entitle the recipient to begin growing, processing, or selling
  352  cannabis or cannabis-infused products.
  353         (15)“Conditional adult use dispensing organization
  354  license” means a license awarded to top-scoring applicants for
  355  an adult use dispensing organization license which reserves the
  356  right to an adult use dispensing organization license if the
  357  applicant meets certain conditions described in this chapter,
  358  but does not entitle the recipient to begin purchasing or
  359  selling cannabis or cannabis-infused products.
  360         (16)“Consumer” means a person 21 years of age or older who
  361  purchases marijuana or marijuana products for personal use by
  362  persons 21 years of age or older but not for resale to other
  363  persons.
  364         (17)“Craft grower” means a facility operated by an
  365  organization or business that is licensed by the department to
  366  cultivate, dry, cure, and package cannabis and perform other
  367  necessary activities to make cannabis available for sale at a
  368  dispensing organization or use at a processing organization. A
  369  craft grower may contain up to 5,000 square feet of canopy space
  370  on its premises for plants in the flowering state. The
  371  department may authorize an increase or decrease of flowering
  372  stage cultivation space in increments of 3,000 square feet by
  373  rule based on market need, craft grower capacity, and the
  374  licensee’s history of compliance or noncompliance, with a
  375  maximum space of 14,000 square feet for cultivating plants in
  376  the flowering stage, which must be cultivated in all stages of
  377  growth in an enclosed and secure area. A craft grower may share
  378  premises with a processing organization or a dispensing
  379  organization, or both, provided each licensee stores currency
  380  and cannabis or cannabis-infused products in a separate secured
  381  vault to which the other licensee does not have access or all
  382  licensees sharing a vault share more than 50 percent of the same
  383  ownership.
  384         (18)“Craft grower agent” means a principal officer, board
  385  member, employee, or other agent of a craft grower who is 21
  386  years of age or older.
  387         (19)“Cultivation center” means a facility operated by an
  388  organization or business that is licensed by the department,
  389  unless otherwise limited by this chapter, to cultivate, process,
  390  transport, and perform other necessary activities to provide
  391  cannabis and cannabis-infused products to cannabis business
  392  establishments.
  393         (20)“Cultivation center agent” means a principal officer,
  394  board member, employee, or other agent of a cultivation center
  395  who is 21 years of age or older.
  396         (21)“Department” means the Department of Business and
  397  Professional Regulation.
  398         (22)“Dispensary” means a facility operated by a dispensing
  399  organization at which activities licensed by this chapter may
  400  occur.
  401         (23)“Dispensing organization” means a facility operated by
  402  an organization or business that is licensed by the department
  403  to acquire cannabis from a cultivation center, craft grower,
  404  processing organization, or another dispensary for the purpose
  405  of selling or dispensing cannabis, cannabis-infused products,
  406  cannabis seeds, paraphernalia, or related supplies under this
  407  chapter to purchasers or to qualified registered qualified
  408  patients and caregivers. “Dispensing organization includes a
  409  medical marijuana treatment center licensed under s. 381.986.
  410         (24)“Disproportionately impacted area” means a census
  411  tract or comparable geographic area that, as determined by the
  412  Department of Economic Opportunity, satisfies the following
  413  criteria:
  414         (a)The area has a poverty rate of at least 20 percent
  415  according to the latest federal decennial census.
  416         (b)Seventy-five percent or more of the children in the
  417  area participate in the federal free lunch program according to
  418  reported statistics from the Department of Education.
  419         (c)At least 20 percent of the households in the area
  420  receive assistance under the Supplemental Nutrition Assistance
  421  Program.
  422         (d)The area has an average unemployment rate, as
  423  determined by the Department of Economic Opportunity, that is
  424  more than 120 percent of the national unemployment average, as
  425  determined by the United States Department of Labor, for a
  426  period of at least 2 consecutive calendar years preceding the
  427  date of the application.
  428         (e)The area has a high rate of arrest, conviction, and
  429  incarceration related to the sale, possession, use, cultivation,
  430  manufacture, or transport of cannabis.
  431         (25)“Division” means the Division of Alcoholic Beverages,
  432  Marijuana, and Tobacco of the department.
  433         (26)“Early approval adult use cultivation center license”
  434  means a license that permits a medical marijuana treatment
  435  center licensed under s. 381.986 as of the effective date of
  436  this act, unless otherwise provided in this chapter, to begin
  437  cultivating, infusing, packaging, transporting, and selling
  438  cannabis to cannabis business establishments for resale to
  439  purchasers as permitted by this chapter as of January 1, 2022.
  440         (27)“Early approval adult use dispensing organization at a
  441  secondary site” means a license that permits a medical marijuana
  442  treatment center licensed under s. 381.986 as of the effective
  443  date of this act to begin selling cannabis to purchasers as
  444  permitted by this chapter on January 1, 2022, at a different
  445  dispensary location from its existing registered medical
  446  dispensary location.
  447         (28)“Early approval adult use dispensing organization
  448  license” means a license that permits a medical marijuana
  449  treatment center licensed under s. 381.986 as of the effective
  450  date of this act to begin selling cannabis to purchasers as
  451  permitted by this chapter as of January 1, 2022.
  452         (29)“Enclosed, locked facility” means a room, greenhouse,
  453  building, or other enclosed area equipped with locks or other
  454  security devices that permit access only by cannabis business
  455  establishment agents working for the licensed cannabis business
  456  establishment or acting pursuant to this chapter to cultivate,
  457  process, store, or distribute cannabis.
  458         (30)“Enclosed, locked space” means a closet, room,
  459  greenhouse, building, or other enclosed area equipped with locks
  460  or other security devices that permit access only by authorized
  461  individuals under this chapter. Enclosed, locked space may
  462  include:
  463         (a)A space within a residential building that:
  464         1.Is the primary residence of the individual cultivating
  465  five or fewer cannabis plants that are more than 5 inches tall;
  466  and
  467         2.Includes sleeping quarters and indoor plumbing. The
  468  space must be accessible only by a key or code that is different
  469  from any key or code that can be used to access the residential
  470  building from the exterior; or
  471         (b)A structure, such as a shed or greenhouse, that lies on
  472  the same plot of land as a residential building that:
  473         1.Includes sleeping quarters and indoor plumbing; and
  474         2.Is used as a primary residence by the person cultivating
  475  five or fewer cannabis plants that are more than 5 inches tall.
  476  The structure must remain locked when it is unoccupied by
  477  people.
  478         (31)“Financial institution” has the same meaning as in s.
  479  655.005 and also includes the holding companies, subsidiaries,
  480  and affiliates of such financial organizations.
  481         (32)“Flowering stage” means the stage of cultivation when
  482  a cannabis plant is cultivated to produce plant material for
  483  cannabis products. This includes mature plants, as follows:
  484         (a)If greater than two stigmas are visible at each
  485  internode of the plant; or
  486         (b)If the cannabis plant is in an area that has been
  487  intentionally deprived of light for a period of time intended to
  488  produce flower buds and induce maturation, from the moment the
  489  light deprivation began through the remainder of the marijuana
  490  plant growth cycle.
  491         (33)“Individual” means a natural person.
  492         (34)“Infuser organization” or “infuser” means a facility
  493  operated by an organization or business that is licensed by the
  494  department to directly incorporate cannabis or cannabis
  495  concentrate into a product formulation to produce a cannabis
  496  infused product.
  497         (35)“Kief” means the resinous crystal-like trichomes that
  498  are found on cannabis and that are accumulated, resulting in a
  499  higher concentration of cannabinoids, untreated by heat or
  500  pressure, or extracted using a solvent.
  501         (36)“Labor peace agreement” means an agreement between a
  502  cannabis business establishment and any labor organization
  503  recognized under the National Labor Relations Act, referred to
  504  in this chapter as a bona fide labor organization, that
  505  prohibits labor organizations and members from engaging in
  506  picketing, work stoppages, boycotts, and any other economic
  507  interference with the cannabis business establishment. The
  508  agreement provides that the cannabis business establishment has
  509  agreed to not disrupt efforts by the bona fide labor
  510  organization to communicate with, and attempt to organize and
  511  represent, the cannabis business establishment’s employees. The
  512  agreement must provide a bona fide labor organization access at
  513  reasonable times to areas in which the cannabis business
  514  establishment’s employees work, for the purpose of meeting with
  515  employees to discuss their right to representation, employment
  516  rights under state law, and terms and conditions of employment.
  517  The agreement may not mandate a particular method of election or
  518  certification of the bona fide labor organization.
  519         (37)“Licensee” means any individual, partnership,
  520  corporation, firm, association, or other legal entity holding a
  521  marijuana establishment license within the state.
  522         (38)“Limited access area” means a building, room, or other
  523  area under the control of a cannabis dispensing organization
  524  licensed under this chapter and upon the licensed premises with
  525  access limited to purchasers, dispensing organization owners and
  526  other dispensing organization agents, or service professionals
  527  conducting business with the dispensing organization.
  528         (39)“Marijuana accessories” means equipment, products, or
  529  materials of any kind that are used, intended, or designed for
  530  use in planting, propagating, cultivating, growing, harvesting,
  531  composting, manufacturing, compounding, converting, producing,
  532  processing, preparing, testing, analyzing, packaging,
  533  repackaging, storing, vaporizing, or containing marijuana or for
  534  ingesting, inhaling, or otherwise introducing marijuana into the
  535  human body.
  536         (40)“Marijuana testing facility” means an entity licensed
  537  to analyze and certify the safety and potency of marijuana.
  538         (41)“Member of an impacted family” means an individual who
  539  has a parent, legal guardian, child, spouse, or dependent, or
  540  was a dependent of an individual who, before the effective date
  541  of this act, was arrested for, convicted of, or adjudicated
  542  delinquent for any offense that is eligible for expungement
  543  under this chapter.
  544         (42)“Minor” means a person under 21 years of age.
  545         (43)“Mother plant” means a cannabis plant that is
  546  cultivated or maintained for the purpose of generating clones
  547  and that will not be used to produce plant material for sale to
  548  an infuser or dispensing organization.
  549         (44)“Ordinary public view” means within the sight line
  550  with normal visual range of a person, unassisted by visual aids,
  551  from a public street or sidewalk adjacent to real property or
  552  from within an adjacent property.
  553         (45)“Ownership and control” means ownership of at least 51
  554  percent of the business, including corporate stock of a
  555  corporation, and control over the management and day-to-day
  556  operations of the business and an interest in the capital,
  557  assets, and profits and losses of the business proportionate to
  558  percentage of ownership.
  559         (46)“Possession limit” means the amount of cannabis
  560  requirements under s. 566.013 that may be possessed at any one
  561  time by a person 21 years of age or older or who is a registered
  562  qualified patient or caregiver under s. 381.986.
  563         (47)“Primary residence” means a dwelling where a person
  564  usually stays or stays more often than other locations. It may
  565  be determined by, without limitation, presence, tax filings, the
  566  address on a driver license, a state issued identification card,
  567  or voter registration. A person may not have more than one
  568  primary residence.
  569         (48)“Principal officer” includes a cannabis business
  570  establishment applicant or licensed cannabis business
  571  establishment’s board member, owner with more than 1 percent
  572  interest of the total cannabis business establishment or more
  573  than 5 percent interest of the total cannabis business
  574  establishment of a publicly traded company, president, vice
  575  president, secretary, treasurer, partner, officer, member,
  576  manager member, or person with a profit sharing, financial
  577  interest, or revenue sharing arrangement with the business. The
  578  term includes a person with authority to control the cannabis
  579  business establishment, a person who assumes responsibility for
  580  the debts of the cannabis business establishment, and persons
  581  otherwise described in this chapter.
  582         (49)“Processing organization” or “processor” means a
  583  facility operated by an organization or business that is
  584  licensed by the department to either extract constituent
  585  chemicals or compounds to produce cannabis concentrate or
  586  incorporate cannabis or cannabis concentrate into a product
  587  formulation to produce a cannabis product.
  588         (50)“Processing organization agent” means a principal
  589  officer, board member, employee, or agent of a processing
  590  organization.
  591         (51)“Processing organization agent identification card”
  592  means a document issued by the department which identifies a
  593  person as a processing organization agent.
  594         (52)“Purchaser” means a person who acquires cannabis for a
  595  valuable consideration. Purchaser does not include a
  596  cardholder under s. 381.986.
  597         (53)“Residence” or “resided” means an individual’s primary
  598  residence area as established by the following:
  599         (a)A signed lease agreement that includes the applicant’s
  600  name.
  601         (b)A property deed that includes the applicant’s name.
  602         (c)School records.
  603         (d)A voter registration card.
  604         (e)A driver license from this state or a state-issued
  605  identification card.
  606         (f)A paycheck stub.
  607         (g)A utility bill.
  608         (h)Any other proof of residency or other information
  609  necessary to establish residence as provided by rule.
  610         (54)“Seedling” means a marijuana plant that has no
  611  flowers, is less than 12 inches in height, and is less than 12
  612  inches in diameter.
  613         (55)“Smoking” means the inhalation of smoke caused by the
  614  combustion of cannabis.
  615         (56)“Social equity applicant” means an applicant that is a
  616  resident of this state who meets one of the following criteria:
  617         (a)An applicant with at least 51 percent ownership and
  618  control by one or more individuals who have resided for at least
  619  5 of the preceding 10 years in a disproportionately impacted
  620  area;
  621         (b)An applicant with at least 51 percent ownership and
  622  control by one or more individuals who:
  623         1.Have been arrested for, convicted of, or
  624  adjudicated delinquent for any offense that is eligible for
  625  expungement under this chapter; or
  626         2.Is a member of an impacted family;
  627         (c)For applicants with a minimum of 10 full-time
  628  employees, an applicant with at least 51 percent of current
  629  employees who:
  630         1.Currently reside in a disproportionately impacted area;
  631  or
  632         2.Have been arrested for, convicted of, or adjudicated
  633  delinquent for any offense that is eligible for expungement
  634  under this chapter; or
  635         3.Are members of impacted families.
  636  
  637  This chapter does not permit an employer to require an employee
  638  to disclose sealed or expunged offenses, unless otherwise
  639  required by law.
  640         (57)“Tincture” means a cannabis-infused solution,
  641  typically consisting of alcohol, glycerin, or vegetable oils,
  642  derived either directly from the cannabis plant or from a
  643  processed cannabis extract. The term does not include an
  644  alcoholic beverage as defined in s. 561.01 but does include a
  645  calibrated dropper or other similar device capable of accurately
  646  measuring servings.
  647         (58)“Transporting organization” or “transporter” means an
  648  organization or business that is licensed by the department to
  649  transport cannabis on behalf of a cannabis business
  650  establishment or a community college licensed under the Florida
  651  College System Cannabis Vocational Training Pilot Program
  652  created by this act.
  653         (59)“Transporting organization agent” means a principal
  654  officer, board member, employee, or agent of a transporting
  655  organization.
  656         (60)“Unit of local government” means any county,
  657  municipality, or incorporated town.
  658         566.012Exemption from criminal and noncriminal penalties,
  659  seizure, or forfeiture.—Notwithstanding chapter 893 or any other
  660  law, and except as provided in this chapter, the actions
  661  specified in this chapter are legal under the laws of this state
  662  and do not constitute a civil or criminal offense under the laws
  663  of this state or under the laws of any political subdivision
  664  within this state or serve as a basis for seizure or forfeiture
  665  of assets under state law.
  666         566.013Personal use of marijuana.—
  667         (1)A person who is 21 years of age or older may do any of
  668  the following:
  669         (a)Use, possess, or transport marijuana accessories and up
  670  to 2.5 ounces of marijuana.
  671         (b)Transfer or furnish, without remuneration, up to 2.5
  672  ounces of marijuana and up to six seedlings to a person who is
  673  21 years of age or older.
  674         (c)Possess, grow, cultivate, process, or transport up to
  675  six marijuana plants, including seedlings, and possess the
  676  marijuana produced by the marijuana plants on the premises where
  677  the plants were grown.
  678         (d)Purchase up to 2.5 ounces of marijuana, up to six
  679  seedlings, and marijuana accessories from a retail marijuana
  680  store.
  681         (2)The following apply to the cultivation of marijuana for
  682  personal use by a person who is 21 years of age or older:
  683         (a)A person may cultivate up to six marijuana plants,
  684  including seedlings, at that person’s place of residence, on
  685  property owned by that person, or on another person’s property
  686  with permission of the owner of the other property.
  687         (b)A person who elects to cultivate marijuana shall take
  688  reasonable precautions to ensure the plants are secure from
  689  unauthorized access or access by a person under 21 years of age.
  690  Reasonable precautions include, but are not limited to,
  691  cultivating marijuana in a fully enclosed secure outdoor area,
  692  locked closet, or locked room inaccessible to persons under 21
  693  years of age.
  694         (3)A person may smoke or ingest marijuana in a nonpublic
  695  place, including, but not limited to, a private residence.
  696         (a)This subsection does not permit a person to consume
  697  marijuana in a manner that endangers others.
  698         (b)The prohibitions and limitations on smoking tobacco
  699  products in specified areas in part II of chapter 386 apply to
  700  marijuana.
  701         (c)A person who smokes marijuana in a public place other
  702  than as governed by part II of chapter 386 commits a noncriminal
  703  violation subject to a civil penalty of $100.
  704         566.0131False identification.—
  705         (1)A minor may not present or offer to a marijuana
  706  establishment or the marijuana establishment’s agent or employee
  707  any written or oral evidence of age which is false, fraudulent,
  708  or not actually the minor’s own for the purpose of:
  709         (a)Ordering, purchasing, attempting to purchase, or
  710  otherwise procuring or attempting to procure marijuana; or
  711         (b)Gaining access to marijuana.
  712         (2)(a)A minor who violates subsection (1) commits:
  713         1.For a first offense, a noncriminal violation subject to
  714  a civil penalty of at least $200 but not more than $400.
  715         2.For a second offense, a noncriminal violation subject to
  716  a civil penalty of at least $300 but not more than $600, which
  717  may be suspended only as provided in paragraph (b).
  718         3.For a third or subsequent offense, a noncriminal
  719  violation subject to a civil penalty of $600, which may only be
  720  suspended as provided in paragraph (b).
  721  
  722  When a minor is adjudged to have committed a first offense under
  723  subsection (1), the judge shall inform that minor that the
  724  noncriminal penalties for the second and subsequent offenses are
  725  mandatory and may be suspended only as provided in paragraph
  726  (b). Failure to inform the minor that subsequent noncriminal
  727  penalties are mandatory is not a ground for suspension of any
  728  subsequent civil penalty.
  729         (b)A judge, as an alternative to or in addition to the
  730  noncriminal penalties specified in paragraph (a), may assign the
  731  minor to perform specified work for the benefit of the state,
  732  the municipality, or other public entity or a charitable
  733  institution for no more than 40 hours for each violation.
  734         566.014Personal cultivation.—
  735         (1)Notwithstanding any other law, and except as otherwise
  736  provided in this chapter, the following acts are not a violation
  737  of this chapter and shall not be a criminal or civil offense
  738  under state law or the ordinances of any unit of local
  739  government of this state or be a basis for seizure or forfeiture
  740  of assets under state law for persons other than natural
  741  individuals under 21 years of age:
  742         (a)Possessing, consuming, using, purchasing, obtaining, or
  743  transporting an amount of cannabis for personal use which does
  744  not exceed the possession limit under s. 566.013 or otherwise in
  745  accordance with the requirements of this chapter.
  746         (b)Cultivation of cannabis for personal use in accordance
  747  with the requirements of this chapter.
  748         (c)Controlling property if actions that are authorized by
  749  this chapter occur on the property in accordance with this
  750  chapter.
  751         (2)Notwithstanding any other law, and except as otherwise
  752  provided in this chapter, possessing, consuming, using,
  753  purchasing, obtaining, or transporting an amount of cannabis
  754  purchased or produced in accordance with this chapter which does
  755  not exceed the possession limit under s. 566.013(1) shall not be
  756  a basis for seizure or forfeiture of assets under state law.
  757         (3)Cultivating cannabis for personal use is subject to the
  758  following limitations:
  759         (a)A resident of this state who is 21 years of age or
  760  older and is a registered qualified patient under s. 381.986 may
  761  cultivate cannabis plants, with a limit of five plants that are
  762  more than 5 inches tall, per household without a cultivation
  763  center or craft grower license.
  764         (b)Cannabis cultivation must take place in an enclosed,
  765  locked space.
  766         (c)Adult registered qualified patients may purchase
  767  cannabis seeds from a dispensary for the purpose of home
  768  cultivation. Seeds may not be given or sold to any other person.
  769         (d)Cannabis plants may not be stored or placed in a
  770  location where they are subject to ordinary public view. A
  771  registered qualified patient who cultivates cannabis under this
  772  section shall take reasonable precautions to ensure the plants
  773  are secure from unauthorized access, including unauthorized
  774  access by a person under 21 years of age.
  775         (4)Cannabis cultivation may occur only on residential
  776  property lawfully in possession of the cultivator or with the
  777  consent of the person in lawful possession of the property. An
  778  owner or lessor of residential property may prohibit the
  779  cultivation of cannabis by a lessee.
  780         (5)A dwelling; a residence; an apartment; a condominium
  781  unit; an enclosed, locked space; or a piece of property not
  782  divided into multiple dwelling units may not contain more than
  783  five plants at any one time.
  784         (6)Cannabis plants may be tended only by registered
  785  qualified patients who reside at the residence or their
  786  authorized agent attending to the residence for brief periods,
  787  such as when the qualified patient is temporarily away from the
  788  residence.
  789         (7)A registered qualified patient who cultivates more than
  790  the allowable number of cannabis plants, or who sells or gives
  791  away cannabis plants, cannabis, or cannabis-infused products
  792  produced under this section, is liable for penalties as provided
  793  by law, in addition to loss of home cultivation privileges as
  794  established by rule.
  795         566.015Possession limits.—
  796         (1)(a)Except as otherwise authorized by this chapter, for
  797  a person who is 21 years of age or older and a resident of this
  798  state, the possession limit is as follows:
  799         1.Thirty grams of cannabis flower.
  800         2.No more than 500 milligrams of tetrahydrocannabinol
  801  (THC) contained in cannabis-infused product.
  802         3.Five grams of cannabis concentrate.
  803         (b)For registered qualified patients, any cannabis
  804  produced by cannabis plants grown under s. 566.012(2), provided
  805  any amount of cannabis produced in excess of 30 grams of raw
  806  cannabis or its equivalent must remain secured within the
  807  residence or residential property in which it was grown.
  808         (2)(a)For a person who is 21 years of age or older and who
  809  is not a resident of this state, the possession limit is:
  810         1.Fifteen grams of cannabis flower.
  811         2.Two and one-half grams of cannabis concentrate.
  812         3.Two hundred fifty milligrams of THC contained in a
  813  cannabis-infused product.
  814         (b)The possession limits found in subparagraphs (a)1. and
  815  2. are to be considered cumulative.
  816         (3)A person may not knowingly obtain, seek to obtain, or
  817  possess an amount of cannabis from a dispensing organization or
  818  craft grower that would cause him or her to exceed the
  819  possession limit under this section, including cannabis that is
  820  cultivated by a person under this chapter or obtained under s.
  821  381.986.
  822         566.201Duties of the division.—The division shall do all
  823  of the following:
  824         (1)Enforce the laws and rules relating to the
  825  manufacturing, processing, labeling, storing, transporting,
  826  testing, and selling of marijuana by marijuana establishments
  827  and administer those laws relating to licensing and the
  828  collection of taxes.
  829         (2)Adopt rules consistent with this chapter for the
  830  administration and enforcement of laws regulating and licensing
  831  marijuana establishments.
  832         (3)If determined necessary by the division, enter into a
  833  memorandum of understanding with the Department of Law
  834  Enforcement, a county sheriff, or another state or municipal law
  835  enforcement agency to perform inspections of marijuana
  836  establishments.
  837         (4)Issue marijuana cultivation facility, marijuana testing
  838  facility, marijuana product manufacturing facility, and retail
  839  marijuana store licenses.
  840         (5)Prevent the sale of marijuana by licensees to minors
  841  and intoxicated persons.
  842         (6)Ensure that licensees have access to the provisions of
  843  this chapter and other laws and rules governing marijuana in
  844  accordance with this section.
  845         (7)Post on the department’s publicly accessible website
  846  this chapter and all rules adopted under this chapter. The
  847  division shall notify all licensees of changes in the law and
  848  rules through a publicly accessible website posting within 90
  849  days after adjournment of each session of the Legislature. The
  850  division shall update the posting on the department’s publicly
  851  accessible website to reflect new laws and rules before the
  852  effective date of the laws and rules.
  853         (8)Certify monthly to the Chief Financial Officer a
  854  complete statement of revenues and expenses for licenses issued
  855  and for revenues collected by the division and submit an annual
  856  report that includes a complete statement of the revenues and
  857  expenses for the division to the Governor, the President of the
  858  Senate, and the Speaker of the House of Representatives.
  859         (9)Suspend or revoke the license of a licensee in
  860  accordance with rules adopted by the division. A marijuana
  861  establishment with a license that is suspended or revoked
  862  pursuant to this subsection may:
  863         (a)Continue to possess marijuana during the time its
  864  license is suspended, but may not dispense, transfer, or sell
  865  marijuana. If the marijuana establishment is a marijuana
  866  cultivation facility, it may continue to cultivate marijuana
  867  plants during the time its license is suspended. Marijuana may
  868  not be removed from the licensed premises except as authorized
  869  by the division and only for the purpose of destruction.
  870         (b)Possess marijuana for up to 7 days after revocation of
  871  its license, during which time the marijuana establishment shall
  872  dispose of its inventory of marijuana in accordance with
  873  division rules.
  874         (10)Beginning January 15, 2023, and annually thereafter,
  875  report to the committees of each house of the Legislature having
  876  jurisdiction over marijuana regulation. The report must include,
  877  but is not limited to, all rules adopted by the division and
  878  statistics regarding the number of marijuana establishment
  879  applications received and licenses granted and the licensing
  880  fees collected within the previous year.
  881         566.202Early approval adult use dispensing organization
  882  license.—
  883         (1)Any medical marijuana dispensary holding a valid
  884  registration under s. 381.986 as of the effective date of this
  885  act may, within 60 days after the effective date of this act,
  886  apply to the department for an early approval adult use
  887  dispensing organization license to serve purchasers at any
  888  medical cannabis dispensing location in operation on the
  889  effective date of this act, pursuant to this section.
  890         (2)A medical marijuana dispensary seeking issuance of an
  891  early approval adult use dispensing organization license to
  892  serve purchasers at any medical cannabis dispensing location in
  893  operation as of the effective date of this act shall submit an
  894  application on forms provided by the department. The application
  895  must be submitted by the same person or entity that holds the
  896  medical marijuana dispensary registration and include all of the
  897  following:
  898         (a)Payment of a nonrefundable fee as provided in s.
  899  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
  900  and Tobacco Trust Fund.
  901         (b)Proof of registration as a medical marijuana dispensary
  902  that is in good standing.
  903         (c)Certification that the applicant will comply with the
  904  requirements contained in s. 381.986 except as provided in this
  905  chapter.
  906         (d)The legal name of the dispensing organization.
  907         (e)The physical address of the dispensing organization.
  908         (f)The name, address, social security number, and date of
  909  birth of each principal officer and board member of the
  910  dispensing organization, each of whom must be at least 21 years
  911  of age.
  912         (g)A nonrefundable cannabis business development fee as
  913  provided in s. 566.801 to be deposited with the department to be
  914  used to encourage development of businesses of social equity
  915  applicants.
  916         (h)Identification of one of the following social equity
  917  inclusion plans to be completed by March 31, 2023:
  918         1.Make a contribution to the department to be used to
  919  encourage development of businesses of social equity applicants
  920  as provided in s. 566.804. This is in addition to the fee
  921  required by paragraph (g);
  922         2.Make a grant provided in s. 566.804 to a cannabis
  923  industry training or education program at a Florida College
  924  System institution;
  925         3.Make a donation provided in s. 566.804 or more to a
  926  program that provides job training services to persons recently
  927  incarcerated or that operates in a disproportionately impacted
  928  area;
  929         4.Participate as a host in a cannabis business
  930  establishment incubator program approved by the Department of
  931  Economic Opportunity, and in which an early approval adult use
  932  dispensing organization licensee agrees to provide a loan of at
  933  least $100,000 and mentorship to incubate a licensee that
  934  qualifies as a social equity applicant for at least a year. As
  935  used in this subparagraph, the term “incubate” means providing
  936  direct financial assistance and training necessary to engage in
  937  licensed cannabis industry activity similar to that of the host
  938  licensee. The early approval adult use dispensing organization
  939  licensee or the same entity holding any other licenses issued
  940  pursuant to this chapter shall not take an ownership stake of
  941  greater than 10 percent in any business receiving incubation
  942  services to comply with this paragraph. If an early approval
  943  adult use dispensing organization licensee fails to find a
  944  business to incubate to comply with this paragraph before its
  945  early approval adult use dispensing organization license
  946  expires, it may opt to meet the requirement of this paragraph by
  947  completing another item from this paragraph; or
  948         5.Participate in a sponsorship program for at least 2
  949  years approved by the Department of Economic Opportunity in
  950  which an early approval adult use dispensing organization
  951  licensee agrees to provide an interest-free loan of at least
  952  $200,000 to a social equity applicant. The sponsor shall not
  953  take an ownership stake in any cannabis business establishment
  954  receiving sponsorship services to comply with this paragraph.
  955         (3)The license fee required by paragraph (2)(a) shall be
  956  in addition to any license fee required for the renewal of a
  957  registered medical marijuana dispensary license.
  958         (4)Applicants must submit all required information,
  959  including the requirements in subsection (2), to the department.
  960  Failure by an applicant to submit all required information may
  961  result in the application being disqualified.
  962         (5)If the department receives an application that fails to
  963  provide the required elements contained in subsection (2), the
  964  department shall issue a deficiency notice to the applicant. The
  965  applicant shall have 10 calendar days after the date of the
  966  deficiency notice to submit complete information. Applications
  967  that are still incomplete after this opportunity to cure may be
  968  disqualified.
  969         (6)If an applicant meets all the requirements of
  970  subsection (2), the department shall issue the early approval
  971  adult use dispensing organization license within 14 days after
  972  receiving a completed application unless:
  973         (a)The licensee or a principal officer is delinquent in
  974  filing any required tax returns or paying any amounts owed to
  975  the state;
  976         (b)The department determines there is reason to conclude,
  977  based on documented compliance violations, the licensee is not
  978  entitled to an early approval adult use dispensing organization
  979  license; or
  980         (c)Any principal officer fails to register and remain in
  981  compliance with this chapter or s. 381.986.
  982         (7)A medical marijuana treatment center that obtains an
  983  early approval adult use dispensing organization license may
  984  begin selling cannabis, cannabis-infused products,
  985  paraphernalia, and related items to purchasers under the rules
  986  of this chapter no sooner than January 1, 2022.
  987         (8)A medical marijuana treatment center under s. 381.986
  988  must maintain an adequate supply of cannabis and cannabis
  989  infused products for purchase by qualified patients. For the
  990  purposes of this subsection, “adequate supply” means a monthly
  991  inventory level that is comparable in type and quantity to those
  992  medical cannabis products provided to patients and caregivers on
  993  an average monthly basis for the 6 months before the effective
  994  date of this act.
  995         (9)If there is a shortage of cannabis or cannabis-infused
  996  products, a medical marijuana treatment center holding both a
  997  medical marijuana treatment center license and a license under
  998  this chapter shall prioritize serving qualified patients and
  999  caregivers before serving purchasers.
 1000         (10)Notwithstanding any law or rule to the contrary, a
 1001  medical marijuana treatment center licensed under s. 381.986
 1002  which is also an early approval adult use dispensing
 1003  organization licensee may allow purchasers into a limited access
 1004  area as that term is defined in rules adopted pursuant to s.
 1005  381.986.
 1006         (11)An early approval adult use dispensing organization
 1007  license is valid until March 31, 2023. For medical marijuana
 1008  treatment centers that obtain early approval adult use
 1009  dispensing organization licenses, the department shall provide
 1010  written or electronic notice 90 days before the expiration of
 1011  the license that the license will expire and inform the licensee
 1012  that it may renew its early approval adult use dispensing
 1013  organization license. The department shall renew the early
 1014  approval adult use dispensing organization license within 60
 1015  days after it deems the renewal application complete if:
 1016         (a)The medical marijuana treatment center submits an
 1017  application and the required nonrefundable renewal fee, as
 1018  provided in s. 566.801, to be deposited into the Alcoholic
 1019  Beverage, Marijuana, and Tobacco Trust Fund.
 1020         (b)The department has not suspended or revoked the early
 1021  approval adult use dispensing organization license or a medical
 1022  marijuana treatment center license on the same premises for
 1023  violations of this chapter or s. 381.986 or rules adopted
 1024  pursuant thereto.
 1025         (c)The medical marijuana treatment center has completed a
 1026  social equity inclusion plan as required by paragraph (2)(h).
 1027         (12)The early approval adult use dispensing organization
 1028  license renewed pursuant to subsection (11) shall expire March
 1029  31, 2024. For early approval adult use dispensing organization
 1030  licensees, the department shall provide written or electronic
 1031  notice 90 days before the expiration of the license that the
 1032  license will expire and inform the licensee that it may apply
 1033  for an adult use dispensing organization license. The department
 1034  shall grant an adult use dispensing organization license within
 1035  60 days after it deems an application complete if the applicant
 1036  has met all of the criteria in s. 566.2032.
 1037         (13)If a dispensary fails to submit an application for an
 1038  adult use dispensing organization license before the expiration
 1039  of the early approval adult use dispensing organization license
 1040  pursuant to subsection (11), the medical marijuana treatment
 1041  center shall cease serving purchasers and cease all operations
 1042  until it receives an adult use dispensing organization license.
 1043         (14)A medical marijuana treatment center agent who holds a
 1044  valid medical marijuana treatment center agent identification
 1045  card issued under s. 381.986 and is an officer, director,
 1046  manager, or employee of the medical marijuana treatment center
 1047  licensed under this section may engage in all activities
 1048  authorized by this chapter to be performed by a medical
 1049  marijuana treatment center agent.
 1050         (15)(a)If the department suspends or revokes the early
 1051  approval adult use dispensing organization license of a
 1052  dispensing organization that is also a medical marijuana
 1053  treatment center licensed under s. 381.986, the department may
 1054  consider the suspension or revocation as grounds to take
 1055  disciplinary action against the medical cannabis dispensing
 1056  organization license.
 1057         (b)If, within 360 days after the effective date of this
 1058  act, a dispensing organization is unable to find a location
 1059  within the BLS regions prescribed in which to operate an early
 1060  approval adult use dispensing organization at a secondary site
 1061  because no jurisdiction within the prescribed area allows the
 1062  operation of an adult use cannabis dispensing organization, the
 1063  department may waive the geographic restrictions and specify
 1064  another BLS region in which the dispensary may be placed.
 1065         (c)A medical marijuana treatment center licensed under s.
 1066  381.986 as of the effective date of this act may, within 60 days
 1067  after the effective date of this act, apply to the department
 1068  for an early approval adult use dispensing organization license
 1069  to operate a dispensing organization to serve purchasers at a
 1070  secondary site not within 1,500 feet of another medical
 1071  marijuana treatment center.
 1072         (d)A medical marijuana treatment center licensed under s.
 1073  381.986 seeking issuance of an early approval adult use
 1074  dispensing organization license at a secondary site to serve
 1075  purchasers at a secondary site as prescribed in this section
 1076  must submit an application on forms provided by the department.
 1077  The application must meet or include the following
 1078  qualifications:
 1079         1.Payment of a nonrefundable application fee as provided
 1080  in s. 566.801.
 1081         2.Proof of registration as a medical marijuana treatment
 1082  center licensed under s. 381.986 that is in good standing.
 1083         3.Submission of the application by the same person or
 1084  entity that holds the medical cannabis dispensing organization
 1085  registration.
 1086         4.The legal name of the medical marijuana treatment
 1087  center.
 1088         5.The physical address of the medical cannabis treatment
 1089  center and the proposed physical address of the secondary site.
 1090         6.A copy of the current local zoning ordinance sections
 1091  relevant to dispensary operations and documentation of the
 1092  approval, the conditional approval, or the status of a request
 1093  for zoning approval from the local zoning office that the
 1094  proposed dispensary location is in compliance with the local
 1095  zoning rules.
 1096         7.A plot plan of the dispensary drawn to scale. The
 1097  applicant shall submit general specifications of the building
 1098  exterior and interior layout.
 1099         8.A statement that the dispensing organization agrees to
 1100  respond to the department’s supplemental requests for
 1101  information.
 1102         9.For the building or land to be used as the proposed
 1103  dispensary:
 1104         a.If the property is not owned by the applicant, a written
 1105  statement from the property owner and landlord, if any,
 1106  certifying consent that the applicant may operate a dispensary
 1107  on the premises; or
 1108         b.If the property is owned by the applicant, confirmation
 1109  of ownership.
 1110         10.A copy of the proposed operating bylaws.
 1111         11.A copy of the proposed business plan that complies with
 1112  the requirements in this chapter, including, at a minimum, the
 1113  following:
 1114         a.A description of services to be offered.
 1115         b.A description of the process of dispensing cannabis.
 1116         12.A copy of the proposed security plan that complies with
 1117  the requirements in this chapter, including:
 1118         a.A description of the delivery process by which cannabis
 1119  will be received from a transporting organization, including
 1120  receipt of manifests and protocols that will be used to avoid
 1121  diversion, theft, or loss at the dispensary acceptance point.
 1122         b.The process or controls that will be implemented to
 1123  monitor the dispensary; secure the premises, agents, patients,
 1124  and currency; and prevent the diversion, theft, or loss of
 1125  cannabis.
 1126         c.The process to ensure that access to the restricted
 1127  access areas is restricted to registered agents, service
 1128  professionals, transporting organization agents, department
 1129  inspectors, and security personnel.
 1130         13.A proposed inventory control plan that complies with
 1131  this section.
 1132         14.The name, address, social security number, and date of
 1133  birth of each principal officer and board member of the
 1134  dispensing organization, each of whom must be at least 21 years
 1135  of age.
 1136         15.A nonrefundable cannabis business development fee as
 1137  provided in s. 566.804, to be paid to the department to be used
 1138  to encourage development of businesses of social equity
 1139  applicants.
 1140         16.A commitment to completing one of the social equity
 1141  inclusion plans in paragraph (e).
 1142         (e)Before receiving an early approval adult use dispensing
 1143  organization license at a secondary site, a dispensing
 1144  organization shall indicate from the following list which social
 1145  equity inclusion plan the applicant plans to achieve before the
 1146  expiration of the early approval adult use dispensing
 1147  organization license:
 1148         1.Make a contribution of 3 percent of total sales from
 1149  June 1, 2018, to June 1, 2019, or $100,000, whichever is less,
 1150  to the department to be used to encourage development of
 1151  businesses of social equity applicants. This is in addition to
 1152  the fee required by subparagraph (d)15.;
 1153         2.Make a grant of 3 percent of total sales from June 1,
 1154  2018, to June 1, 2019, or $100,000, whichever is less, to a
 1155  cannabis industry training or education program at a Florida
 1156  College System institution;
 1157         3.Make a donation of $100,000 or more to a program that
 1158  provides job training services to persons recently incarcerated
 1159  or that operates in a disproportionately impacted area;
 1160         4.Participate as a host in a cannabis business
 1161  establishment incubator program approved by the Department of
 1162  Economic Opportunity, and in which an early approval adult use
 1163  dispensing organization license at a secondary site holder
 1164  agrees to provide a loan of at least $100,000 and mentorship to
 1165  incubate a licensee that qualifies as a social equity applicant
 1166  for at least 1 year. As used in this subparagraph, the term
 1167  “incubate” means providing direct financial assistance and
 1168  training necessary to engage in licensed cannabis industry
 1169  activity similar to that of the host licensee. The early
 1170  approval adult use dispensing organization licensee or the same
 1171  entity holding any other licenses issued under this chapter may
 1172  not take an ownership stake of greater than 10 percent in any
 1173  business receiving incubation services to comply with this
 1174  paragraph. If an early approval adult use dispensing
 1175  organization license at a secondary site holder fails to find a
 1176  business to incubate in order to comply with this paragraph
 1177  before its early approval adult use dispensing organization
 1178  license at a secondary site expires, it may opt to meet the
 1179  requirement of this paragraph by completing another item from
 1180  this paragraph before the expiration of its early approval adult
 1181  use dispensing organization license at a secondary site to avoid
 1182  a penalty; or
 1183         5.Participate for at least 2 years in a sponsorship
 1184  program approved by the Department of Economic Opportunity in
 1185  which an early approval adult use dispensing organization
 1186  license at a secondary site holder agrees to provide an
 1187  interest-free loan of at least $200,000 to a social equity
 1188  applicant. The sponsor may not take an ownership stake of
 1189  greater than 10 percent in any business receiving sponsorship
 1190  services to comply with this paragraph.
 1191         (f)The license fee required by subparagraph (d)1. is in
 1192  addition to any license fee required for the renewal of a
 1193  medical marijuana treatment center license.
 1194         (g)Applicants must submit all required information,
 1195  including the requirements in paragraph (d), to the department.
 1196  Failure by an applicant to submit all required information may
 1197  result in the application being disqualified.
 1198         (h)If the department receives an application that fails to
 1199  provide the required elements contained in paragraph (d), the
 1200  department shall issue a deficiency notice to the applicant. The
 1201  applicant shall have 10 calendar days after the date of the
 1202  deficiency notice to submit complete information. Applications
 1203  that are still incomplete after this opportunity to cure may be
 1204  disqualified.
 1205         (i)Once all required information and documents have been
 1206  submitted, the department shall review the application. The
 1207  department may request revisions and retains authority for final
 1208  approval over dispensary features. Once the application is
 1209  complete and meets the department’s approval, the department
 1210  shall conditionally approve the license. Final approval is
 1211  contingent on the buildout and department inspection.
 1212         (j)Upon submission of the early approval adult use
 1213  dispensing organization at a secondary site application, the
 1214  applicant shall request an inspection and the department may
 1215  inspect the early approval adult use dispensing organization’s
 1216  secondary site to confirm compliance with the application and
 1217  this chapter.
 1218         (k)The department may issue an early approval adult use
 1219  dispensing organization license at a secondary site only after
 1220  the completion of a successful inspection.
 1221         (l)If an applicant passes the inspection under this
 1222  subsection, the department shall issue the early approval adult
 1223  use dispensing organization license at a secondary site within
 1224  10 business days unless:
 1225         1.The licensee; a principal officer, board member, or
 1226  person having a financial or voting interest of 5 percent or
 1227  greater in the licensee; or an agent is delinquent in filing any
 1228  required tax returns or paying any amounts owed to the state; or
 1229         2.The department determines there is reason to conclude,
 1230  based on documented compliance violations, that the licensee is
 1231  not entitled to an early approval adult use dispensing
 1232  organization license at its secondary site.
 1233         (m)Once the department has issued a license, the
 1234  dispensing organization shall notify the department of the
 1235  proposed opening date.
 1236         (n)A medical marijuana treatment center that obtains an
 1237  early approval adult use dispensing organization license at a
 1238  secondary site may begin selling cannabis, cannabis-infused
 1239  products, paraphernalia, and related items to purchasers under
 1240  the rules of this chapter no earlier than January 1, 2022.
 1241         (o)If there is a shortage of cannabis or cannabis-infused
 1242  products, a dispensing organization that is a medical marijuana
 1243  treatment center under s. 381.986 and is licensed under this
 1244  section shall prioritize serving qualified patients and
 1245  caregivers before serving purchasers.
 1246         (p)An early approval adult use dispensing organization
 1247  license at a secondary site is valid until March 31, 2023. For
 1248  medical marijuana treatment centers that obtain early approval
 1249  adult use dispensing organization licenses at secondary sites,
 1250  the department shall provide written or electronic notice 90
 1251  days before the expiration of the license that the license will
 1252  expire and inform the licensee that it may renew its early
 1253  approval adult use dispensing organization license at a
 1254  secondary site. The department shall renew an early approval
 1255  adult use dispensing organization license at a secondary site
 1256  within 60 days after it deems the renewal application complete
 1257  if:
 1258         1.The dispensing organization submits an application and
 1259  the required nonrefundable renewal fee as provided in s.
 1260  566.801, to be deposited into the Alcoholic Beverage, Marijuana,
 1261  and Tobacco Trust Fund;
 1262         2.The person’s or entity’s early approval adult use
 1263  dispensing organization license or a medical marijuana treatment
 1264  center license has not been suspended or revoked for violation
 1265  of applicable statutes or rules; and
 1266         3.The dispensing organization has completed a social
 1267  equity inclusion plan as required by this section.
 1268         (q)For early approval adult use dispensing organization
 1269  licensees at secondary sites renewed pursuant to paragraph (p),
 1270  the department shall provide written or electronic notice 90
 1271  days before the expiration of the license that the license will
 1272  expire and inform the licensee that it may apply for an adult
 1273  use dispensing organization license. The department shall grant
 1274  an adult use dispensing organization license within 60 days
 1275  after it deems an application complete if the applicant has met
 1276  all of the criteria for such a license.
 1277         (r)If a dispensing organization fails to submit an
 1278  application for renewal of an early approval adult use
 1279  dispensing organization license or for an adult use dispensing
 1280  organization license before the expiration dates provided in
 1281  paragraphs (p) and (q), the dispensing organization shall cease
 1282  serving purchasers until it receives a renewal or an adult use
 1283  dispensing organization license.
 1284         (s)A medical marijuana treatment center agent who holds a
 1285  valid medical marijuana treatment center agent identification
 1286  card issued under s. 381.986 and is an officer, director,
 1287  manager, or employee of the medical marijuana treatment center
 1288  licensed under this section may engage in all activities
 1289  authorized by this chapter to be performed by a medical
 1290  marijuana treatment center agent.
 1291         (t)If the department suspends or revokes the early
 1292  approval adult use dispensing organization license of a
 1293  dispensing organization that also holds a medical marijuana
 1294  treatment center license, the Department of Health may consider
 1295  the suspension or revocation as grounds to take disciplinary
 1296  action against the medical marijuana treatment center.
 1297         (u)All fees or fines collected from an early approval
 1298  adult use dispensing organization license at a secondary site
 1299  holder as a result of a disciplinary action in the enforcement
 1300  of this chapter shall be deposited into the Alcoholic Beverage,
 1301  Marijuana, and Tobacco Trust Fund and be appropriated to the
 1302  department for the ordinary and contingent expenses of the
 1303  department in the administration and enforcement of this
 1304  section.
 1305         (16)All fees collected pursuant to this section shall be
 1306  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 1307  Trust Fund, unless otherwise specified.
 1308         566.203Awarding of conditional adult use dispensing
 1309  organization licenses.—
 1310         (1)The department shall issue up to 75 conditional adult
 1311  use dispensing organization licenses before May 1, 2022.
 1312         (2)The department shall make the application for a
 1313  conditional adult use dispensing organization license available
 1314  no later than October 1, 2021, and shall accept applications no
 1315  later than January 1, 2022.
 1316         (3)To ensure the geographic dispersion of conditional
 1317  adult use dispensing organization licensees, the number of
 1318  licenses shall be awarded in each BLS region as determined by
 1319  each region’s percentage of the state’s population.
 1320         (4)An applicant seeking issuance of a conditional adult
 1321  use dispensing organization license shall submit an application
 1322  on forms provided by the department. An applicant must meet the
 1323  following requirements:
 1324         (a)Payment of a nonrefundable application fee as provided
 1325  in s. 588.801 for each license for which the applicant is
 1326  applying, which shall be deposited into the Alcoholic Beverage,
 1327  Marijuana, and Tobacco Trust Fund.
 1328         (b)Certification that the applicant will comply with the
 1329  requirements of this chapter.
 1330         (c)The legal name of the proposed dispensing organization.
 1331         (d)A statement that the dispensing organization agrees to
 1332  respond to the department’s supplemental requests for
 1333  information.
 1334         (e)From each principal officer, a statement indicating
 1335  whether that person:
 1336         1.Has previously held or currently holds an ownership
 1337  interest in a cannabis business establishment in this state; or
 1338         2.Has held an ownership interest in a dispensing
 1339  organization or its equivalent in another state or territory of
 1340  the United States that had the dispensing organization
 1341  registration or license suspended, revoked, placed on
 1342  probationary status, or subjected to other disciplinary action.
 1343         (f)Disclosure of whether any principal officer has ever
 1344  filed for bankruptcy or defaulted on a spousal support or child
 1345  support obligation.
 1346         (g)A resume for each principal officer, including whether
 1347  that person has an academic degree, certification, or relevant
 1348  experience with a cannabis business establishment or in a
 1349  related industry.
 1350         (h)A description of the training and education that will
 1351  be provided to dispensing organization agents.
 1352         (i)A copy of the proposed operating bylaws.
 1353         (j)A copy of the proposed business plan that complies with
 1354  the requirements in this chapter, including, at a minimum, the
 1355  following:
 1356         1.A description of services to be offered.
 1357         2.A description of the process of dispensing cannabis.
 1358         (k)A copy of the proposed security plan that complies with
 1359  the requirements in this chapter, including:
 1360         1.The process or controls that will be implemented to
 1361  monitor the dispensary, secure the premises, agents, and
 1362  currency, and prevent the diversion, theft, or loss of cannabis.
 1363         2.The process to ensure that access to the restricted
 1364  access areas is restricted to registered agents, service
 1365  professionals, transporting organization agents, department
 1366  inspectors, and security personnel.
 1367         (l)A proposed inventory control plan that complies with
 1368  this section.
 1369         (m)A proposed floor plan, a square footage estimate, and a
 1370  description of proposed security devices, including, without
 1371  limitation, cameras, motion detectors, servers, video storage
 1372  capabilities, and alarm service providers.
 1373         (n)The name, address, social security number, and date of
 1374  birth of each principal officer and board member of the
 1375  dispensing organization, each of whom must be at least 21 years
 1376  of age.
 1377         (o)Evidence of the applicant’s status as a social equity
 1378  applicant, if applicable, and whether such applicant plans to
 1379  apply for a loan or grant issued by the Department of Economic
 1380  Opportunity.
 1381         (p)The address, telephone number, and e-mail address of
 1382  the applicant’s principal place of business, if applicable. A
 1383  post office box is not permitted.
 1384         (q)Written summaries of any information regarding
 1385  instances in which a business or nonprofit organization that a
 1386  prospective board member previously managed or served on was
 1387  fined or censured or had its registration suspended or revoked
 1388  in any administrative or judicial proceeding.
 1389         (r)A plan for community engagement.
 1390         (s)Procedures to ensure accurate recordkeeping and
 1391  security measures that are in accordance with this chapter and
 1392  department rules.
 1393         (t)The estimated volume of cannabis it plans to store at
 1394  the dispensary.
 1395         (u)A description of the features that will provide
 1396  accessibility to purchasers as required by the Americans with
 1397  Disabilities Act.
 1398         (v)A detailed description of air treatment systems that
 1399  will be installed to reduce odors.
 1400         (w)A reasonable assurance that the issuance of a license
 1401  will not have a detrimental impact on the community in which the
 1402  applicant wishes to locate.
 1403         (x)The dated signature of each principal officer.
 1404         (y)A description of the enclosed, locked facility where
 1405  cannabis will be stored by the dispensing organization.
 1406         (z)Signed statements from each dispensing organization
 1407  agent stating that he or she will not divert cannabis.
 1408         (aa)The number of licenses it is applying for in each BLS
 1409  region.
 1410         (bb)A diversity plan that includes a narrative of at least
 1411  2,500 words that establishes a goal of diversity in ownership,
 1412  management, employment, and contracting to ensure that diverse
 1413  participants and groups are afforded equal opportunities.
 1414         (cc)A contract with a private security contractor that is
 1415  licensed under part III of chapter 493 in order for the
 1416  dispensary to have adequate security at its facility.
 1417         (5)An applicant who receives a conditional adult use
 1418  dispensing organization license under this section has 180 days
 1419  after the date of award to identify a physical location for the
 1420  dispensing organization retail storefront. Before a conditional
 1421  licensee receives an authorization to build out the dispensing
 1422  organization from the department, the department shall inspect
 1423  the physical space selected by the conditional licensee. The
 1424  department shall verify the site is suitable for public access,
 1425  the layout promotes the safe dispensing of cannabis, the
 1426  location is sufficient in size, power allocation, lighting,
 1427  parking, handicapped accessible parking spaces, accessible entry
 1428  and exits as required by the Americans with Disabilities Act,
 1429  product handling, and storage. The applicant shall also provide
 1430  a statement of reasonable assurance that the issuance of a
 1431  license will not have a detrimental impact on the community. The
 1432  applicant shall also provide evidence that the location is not
 1433  within 1,500 feet of an existing dispensing organization. If an
 1434  applicant is unable to find a physical location suitable to the
 1435  department within 180 days after the issuance of the conditional
 1436  adult use dispensing organization license, the department may
 1437  extend the period for finding a physical location for an
 1438  additional 180 days if the conditional adult use dispensing
 1439  organization licensee demonstrates concrete attempts to secure a
 1440  location and a hardship. If the department denies the extension
 1441  or the conditional adult use dispensing organization licensee is
 1442  unable to find a location or become operational within 360 days
 1443  after being awarded a conditional license, the department shall
 1444  rescind the conditional license and award it to the next highest
 1445  scoring applicant in the BLS region for which the license was
 1446  assigned, provided the applicant receiving the license:
 1447         (a)Confirms a continued interest in operating a dispensing
 1448  organization.
 1449         (b)Can provide evidence that the applicant continues to
 1450  meet the financial requirements of this section.
 1451         (c)Has not otherwise become ineligible to be awarded a
 1452  dispensing organization license. If the new awardee is unable to
 1453  accept the conditional adult use dispensing organization
 1454  license, the department shall award the conditional adult use
 1455  dispensing organization license to the next highest scoring
 1456  applicant in the same manner. The new awardee shall be subject
 1457  to the same required deadlines as provided in this subsection.
 1458         (6)If within 180 days after being awarded a conditional
 1459  adult use dispensing organization license, a dispensing
 1460  organization is unable to find a location within the BLS region
 1461  in which it was awarded a conditional adult use dispensing
 1462  organization license because no jurisdiction within the BLS
 1463  region allows for the operation of an adult use dispensing
 1464  organization, the department may authorize the conditional adult
 1465  use dispensing organization licensee to transfer its license to
 1466  a different BLS region specified by the department.
 1467         (7)A dispensing organization that is awarded a conditional
 1468  adult use dispensing organization license pursuant to the
 1469  criteria in s. 566.202 may not purchase, possess, sell, or
 1470  dispense cannabis or cannabis-infused products until the person
 1471  has received an adult use dispensing organization license issued
 1472  by the department pursuant to s. 566.2032. The department may
 1473  not issue an adult use dispensing organization license until:
 1474         (a)The department has inspected the dispensary site and
 1475  proposed operations and verified that they are in compliance
 1476  with this chapter and local zoning laws.
 1477         (b)The conditional adult use dispensing organization
 1478  licensee has paid a registration fee as provided in s. 566.801,
 1479  or a prorated amount accounting for the difference of time
 1480  between when the adult use dispensing organization license is
 1481  issued and March 31 of the next even-numbered year.
 1482         (8)The department shall conduct a background check of the
 1483  prospective organization agents in order to carry out its duties
 1484  under this chapter. The Department of Law Enforcement may charge
 1485  a fee as provided in s. 943.053. Each person applying as a
 1486  dispensing organization agent shall submit a full set of
 1487  fingerprints to the Department of Law Enforcement for the
 1488  purpose of obtaining a state and federal criminal records check.
 1489  These fingerprints shall be checked against the fingerprint
 1490  records now and hereafter, to the extent allowed by law, filed
 1491  in the Department of Law Enforcement criminal history records
 1492  databases. The Department of Law Enforcement shall furnish,
 1493  following positive identification, all this state’s conviction
 1494  information to the department.
 1495         (9)Applicants for a conditional adult use dispensing
 1496  organization license must submit all required information,
 1497  including the information required in s. 566.203, to the
 1498  department. Failure by an applicant to submit all required
 1499  information may result in the application being disqualified.
 1500         (10)If the department receives an application that fails
 1501  to provide the required elements contained in this section, the
 1502  department shall issue a deficiency notice to the applicant. The
 1503  applicant shall have 10 calendar days after the date of the
 1504  deficiency notice to resubmit the incomplete information.
 1505  Applications that are still incomplete after this opportunity to
 1506  cure will not be scored and will be disqualified.
 1507         (11)The department shall award up to 250 points to
 1508  complete applications based on the sufficiency of the
 1509  applicant’s responses to required information. Applicants will
 1510  be awarded points based on a determination that the application
 1511  satisfactorily includes the following elements:
 1512         (a)Suitability of employee training plan (15 points).—The
 1513  plan includes an employee training plan that demonstrates that
 1514  employees will understand the laws and rules to be followed by
 1515  dispensary employees, have knowledge of any security measures
 1516  and operating procedures of the dispensary, and are able to
 1517  advise purchasers on how to safely consume cannabis and use
 1518  individual products offered by the dispensary.
 1519         (b)Security and recordkeeping (65 points).—
 1520         1.The security plan accounts for the prevention of the
 1521  theft or diversion of cannabis. The security plan demonstrates
 1522  safety procedures for dispensary agents and purchasers, and for
 1523  safe delivery and storage of cannabis and currency. It
 1524  demonstrates compliance with all security requirements in this
 1525  section and rules.
 1526         2.A plan for recordkeeping, tracking, and monitoring
 1527  inventory, quality control, and other policies and procedures
 1528  that will promote standard recordkeeping and discourage unlawful
 1529  activity. This plan includes the applicant’s strategy to
 1530  communicate with the department and the Department of Law
 1531  Enforcement on the destruction and disposal of cannabis. The
 1532  plan must also demonstrate compliance with this chapter and
 1533  rules adopted pursuant thereto.
 1534         3.The security plan shall also detail which private
 1535  security contractor licensed under part III of chapter 493 the
 1536  dispensary will contract with in order to provide adequate
 1537  security at its facility.
 1538         (c)Applicant’s business plan, financials, operating and
 1539  floor plan (65 points).
 1540         1.The business plan shall describe, at a minimum, how the
 1541  dispensing organization will be managed on a long-term basis.
 1542  This shall include a description of the dispensing
 1543  organization’s point-of-sale system, purchases and denials of
 1544  sale, confidentiality, and products and services to be offered.
 1545  It will demonstrate compliance with this chapter and rules
 1546  adopted pursuant thereto.
 1547         2.The operating plan shall include, at a minimum, best
 1548  practices for day-to-day dispensary operation and staffing. The
 1549  operating plan may also include information about employment
 1550  practices, including information about the percentage of full
 1551  time employees who will be provided a living wage.
 1552         3.The proposed floor plan must be suitable for public
 1553  access, the layout must promote safe dispensing of cannabis,
 1554  must comply with the Americans with Disabilities Act, and must
 1555  facilitate safe product handling and storage.
 1556         (d)Knowledge and experience (30 points).—
 1557         1.The applicant’s principal officers must demonstrate
 1558  experience and qualifications in business management or
 1559  experience with the cannabis industry. This includes ensuring
 1560  optimal safety and accuracy in the dispensing and sale of
 1561  cannabis.
 1562         2.The applicant’s principal officers must demonstrate
 1563  knowledge of various cannabis product strains or varieties and
 1564  describe the types and quantities of products planned to be
 1565  sold. This includes confirmation of whether the dispensing
 1566  organization plans to sell cannabis paraphernalia or edibles.
 1567         3.Knowledge and experience may be demonstrated through
 1568  experience in other comparable industries that reflect on the
 1569  applicant’s ability to operate a cannabis business
 1570  establishment.
 1571         (e)Status as a social equity applicant (50 points).The
 1572  applicant meets the qualifications for a social equity applicant
 1573  as set forth in this chapter.
 1574         (f)Labor and employment practices (5 points).—The
 1575  applicant may describe plans to provide a safe, healthy, and
 1576  economically beneficial working environment for its agents,
 1577  including, but not limited to, codes of conduct, health care
 1578  benefits, educational benefits, retirement benefits, living wage
 1579  standards, and entering a labor peace agreement with employees.
 1580         (g)Environmental plan (5 points).—The applicant may
 1581  demonstrate an environmental plan of action to minimize the
 1582  carbon footprint, environmental impact, and resource needs for
 1583  the dispensary, which may include, but need not be limited to,
 1584  recycling cannabis product packaging.
 1585         (h)Florida owner (5 points).Fifty-one percent or more of
 1586  the applicant business is owned and controlled by a Florida
 1587  resident who can prove residency in this state for each of the
 1588  past 5 years with tax records.
 1589         (i)Status as a veteran (5 points).—Fifty-one percent or
 1590  more of the applicant business is controlled and owned by an
 1591  individual or individuals who meet the qualifications of a
 1592  veteran as defined s. 1.01(14).
 1593         (j)A diversity plan (5 points).—The applicant must provide
 1594  a diversity plan that includes a narrative of no more than 2,500
 1595  words which establishes a goal of diversity in ownership,
 1596  management, employment, and contracting to ensure that diverse
 1597  participants and groups are afforded equal opportunities.
 1598         (12)The department may also award up to 2 bonus points if
 1599  an applicant includes a plan to engage with the community. The
 1600  applicant may demonstrate a desire to engage with its community
 1601  by participating in one or more of, but not limited to, the
 1602  following actions:
 1603         1.Establishing an incubator program designed to increase
 1604  participation in the cannabis industry by persons who would
 1605  qualify as social equity applicants;
 1606         2.Providing financial assistance to substance abuse
 1607  treatment centers;
 1608         3.Educating children and teens about the potential harms
 1609  of cannabis use; or
 1610         4.Other measures demonstrating a commitment to the
 1611  applicant’s community. Bonus points will only be awarded if the
 1612  department receives more than one application for a particular
 1613  BLS region which receive an equal score.
 1614         (13)The department may verify information contained in
 1615  each application and accompanying documentation to assess the
 1616  applicant’s veracity and fitness to operate a dispensing
 1617  organization.
 1618         (14)The department may refuse to issue an authorization to
 1619  any applicant who:
 1620         (a)Is unqualified to perform the duties required of the
 1621  applicant;
 1622         (b)Fails to disclose or states falsely any information
 1623  called for in the application;
 1624         (c)Has been found guilty of a violation of this chapter,
 1625  or whose medical marijuana dispensary license, early approval
 1626  adult use dispensing organization license, early approval adult
 1627  use dispensing organization license at a secondary site, or
 1628  early approval cultivation center license was suspended,
 1629  restricted, revoked, or denied for just cause, or the
 1630  applicant’s cannabis business establishment license was
 1631  suspended, restricted, revoked, or denied in any other state; or
 1632         (d)Has engaged in a pattern or practice of unfair or
 1633  illegal practices, methods, or activities in the conduct of
 1634  owning a cannabis business establishment or other business.
 1635         (15)The department shall deny the license if any principal
 1636  officer, board member, or person having a financial or voting
 1637  interest of 5 percent or greater in the licensee is delinquent
 1638  in filing any required tax returns or paying any amounts owed to
 1639  the state.
 1640         (16)The department shall verify an applicant’s compliance
 1641  with the requirements of this chapter and rules adopted pursuant
 1642  thereto before issuing a dispensing organization license.
 1643         (17)If an applicant is awarded a license, the information
 1644  and plans provided in the application, including any plans
 1645  submitted for bonus points, shall become a condition of the
 1646  conditional adult use dispensing organization license, except as
 1647  otherwise provided by this chapter or rule adopted pursuant
 1648  thereto. Dispensing organizations have a duty to disclose any
 1649  material changes to the application. The department shall review
 1650  all material changes disclosed by the dispensing organization
 1651  and may reevaluate its prior decision regarding the awarding of
 1652  a license, including, but not limited to, suspending or revoking
 1653  a license. Failure to comply with the conditions or requirements
 1654  in the application may subject the dispensing organization to
 1655  discipline, up to and including suspension or revocation of its
 1656  authorization or license by the department.
 1657         (18)If an applicant has not begun operating as a
 1658  dispensing organization within 1 year after the issuance of the
 1659  conditional adult use dispensing organization license, the
 1660  department may revoke the conditional adult use dispensing
 1661  organization license and award it to the next highest scoring
 1662  applicant in the BLS region if a suitable applicant indicates a
 1663  continued interest in the license or begin a new selection
 1664  process to award a conditional adult use dispensing organization
 1665  license.
 1666         (19)The department shall deny an application if granting
 1667  that application would result in a single person or entity
 1668  having a direct or indirect financial interest in more than 10
 1669  early approval adult use dispensing organization licenses,
 1670  conditional adult use dispensing organization licenses, or adult
 1671  use dispensing organization licenses. Any entity that is awarded
 1672  a license that results in a single person or entity having a
 1673  direct or indirect financial interest in more than 10 licenses
 1674  shall forfeit the most recently issued license and be subject to
 1675  a penalty to be determined by the department, unless the entity
 1676  declines the license at the time it is awarded.
 1677         566.2031Conditional adult use dispensing organization
 1678  licenses after January 1, 2023.—
 1679         (1)In addition to any of the licenses issued under this
 1680  chapter, by December 21, 2021, the department shall issue up to
 1681  110 conditional adult use dispensing organization licenses
 1682  pursuant to the application process under this section. Before
 1683  issuing such licenses, the department may adopt rules through
 1684  emergency rulemaking in accordance with chapter 120. Such rules
 1685  may:
 1686         (a)Modify or change the BLS regions as they apply to this
 1687  chapter or modify or raise the number of adult conditional use
 1688  dispensing organization licenses assigned to each region based
 1689  on the following factors:
 1690         1.Purchaser wait times.
 1691         2.Travel time to the nearest dispensary for potential
 1692  purchasers.
 1693         3.Percentage of cannabis sales occurring in this state
 1694  which are not in the regulated market and tourism data from
 1695  VISIT Florida to ascertain total cannabis consumption in this
 1696  state compared to the amount of sales in licensed dispensing
 1697  organizations.
 1698         4.Whether there is an adequate supply of cannabis and
 1699  cannabis-infused products to serve registered qualified
 1700  patients.
 1701         5.Population increases or shifts.
 1702         6.Density of dispensing organizations in a region.
 1703         7.The department’s capacity to appropriately regulate
 1704  additional licenses.
 1705         8.Any other criteria the department deems relevant.
 1706         (b)Make modifications to remedy evidence of
 1707  discrimination.
 1708         (2)After January 1, 2023, the department may by rule
 1709  modify or raise the number of adult use dispensing organization
 1710  licenses assigned to each region and modify or change the
 1711  licensing application process to reduce or eliminate barriers
 1712  based on the criteria in subsection (1). The department may not
 1713  issue more than 500 adult use dispensary organization licenses.
 1714         566.2032Adult use dispensing organization license.—
 1715         (1)A person is eligible to receive an adult use dispensing
 1716  organization only if the person has been awarded a conditional
 1717  adult use dispensing organization license pursuant to this
 1718  chapter or has renewed its license pursuant to s. 566.202(11) or
 1719  (12).
 1720         (2)The department shall not issue an adult use dispensing
 1721  organization license until:
 1722         (a)The department has inspected the dispensary site and
 1723  proposed operations and verified that they are in compliance
 1724  with this chapter and local zoning laws;
 1725         (b)The conditional adult use dispensing organization
 1726  licensee has paid a registration fee as provided in s. 566.801
 1727  or a prorated amount accounting for the difference of time
 1728  between when the adult use dispensing organization license is
 1729  issued and March 31 of the next even-numbered year; and
 1730         (c)The conditional adult use dispensing organization
 1731  licensee has met all the requirements in this chapter and rules.
 1732         (3)A person or an entity may not hold any legal,
 1733  equitable, ownership, or beneficial interest, directly or
 1734  indirectly, of more than 10 dispensing organizations licensed
 1735  under this chapter. Further, a person or an entity that is:
 1736         (a)Employed by, is an agent of, or participates in the
 1737  management of a dispensing organization or registered medical
 1738  marijuana dispensary;
 1739         (b)A principal officer of a dispensing organization or
 1740  registered medical marijuana dispensary; or
 1741         (c)An entity controlled by or affiliated with a principal
 1742  officer of a dispensing organization or registered medical
 1743  marijuana dispensary;
 1744  
 1745  may not hold any legal, equitable, ownership, or beneficial
 1746  interest, directly or indirectly, in a dispensing organization
 1747  which would result in such person or entity owning or
 1748  participating in the management of more than 10 dispensing
 1749  organizations. For the purpose of this paragraph, the term
 1750  “participating in management” includes, without limitation,
 1751  controlling decisions regarding staffing, pricing, purchasing,
 1752  marketing, store design, hiring, and website design.
 1753         (4)The department shall deny an application if granting
 1754  that application would result in a person or entity obtaining
 1755  direct or indirect financial interest in more than 10 early
 1756  approval adult use dispensing organization licenses, conditional
 1757  adult use dispensing organization licenses, adult use dispensing
 1758  organization licenses, or any combination thereof. If a person
 1759  or entity is awarded a conditional adult use dispensing
 1760  organization license that would cause the person or entity to be
 1761  in violation of this subsection, he, she, or it shall choose
 1762  which license application it wants to abandon and such license
 1763  shall become available to the next qualified applicant in the
 1764  region in which the abandoned license was awarded.
 1765         566.2033Dispensing organization agent identification card;
 1766  agent training.—
 1767         (1)The department shall:
 1768         (a)Verify the information contained in an application or
 1769  renewal for a dispensing organization agent identification card
 1770  submitted under this chapter, and approve or deny an application
 1771  or renewal, within 30 days after receiving a completed
 1772  application or renewal application and all supporting
 1773  documentation required by rule.
 1774         (b)Issue a dispensing organization agent identification
 1775  card to a qualifying agent within 15 business days after
 1776  approving the application or renewal.
 1777         (c)Enter the registry identification number of the
 1778  dispensing organization where the agent works.
 1779         (d)Within 1 year after the effective date of this act,
 1780  allow for an electronic application process and confirm by
 1781  electronic means or other methods that an application has been
 1782  submitted.
 1783         (e)Collect a nonrefundable fee as provided in s. 566.801
 1784  from the applicant to be deposited into the Alcoholic Beverage,
 1785  Marijuana, and Tobacco Trust Fund.
 1786         (2)A dispensing agent must keep his or her identification
 1787  card visible at all times when on the property of the dispensing
 1788  organization.
 1789         (3)The dispensing organization agent identification cards
 1790  shall contain all of the following:
 1791         (a)The name of the cardholder.
 1792         (b)The date of issuance and expiration date of the
 1793  dispensing organization agent identification cards.
 1794         (c)A random 10-digit alphanumeric identification number
 1795  containing at least four numbers and at least four letters which
 1796  is unique to the cardholder.
 1797         (d)A photograph of the cardholder.
 1798         (4)The dispensing organization agent identification cards
 1799  shall be immediately returned to the dispensing organization
 1800  upon termination of employment.
 1801         (5)The department shall not issue an agent identification
 1802  card if the applicant is delinquent in filing any required tax
 1803  returns or paying any amounts owed to the state.
 1804         (6)A card lost by a dispensing organization agent shall be
 1805  reported to the Department of Law Enforcement and the department
 1806  immediately upon discovery of the loss.
 1807         (7)An applicant shall be denied a dispensing organization
 1808  agent identification card if he or she fails to complete the
 1809  training provided for in this section.
 1810         (8)A dispensing organization agent shall be required to
 1811  hold only one card for the same employer regardless of what type
 1812  of dispensing organization license the employer holds.
 1813         (9)(a)Within 90 days after September 1, 2021, or 90 days
 1814  after employment, whichever is later, all owners, managers,
 1815  employees, and agents involved in the handling or sale of
 1816  cannabis or cannabis-infused product employed by an adult use
 1817  dispensing organization or medical marijuana dispensary shall
 1818  attend and successfully complete a responsible vendor program.
 1819         (b)Each owner, manager, employee, and agent of an adult
 1820  use dispensing organization or medical marijuana dispensary
 1821  shall successfully complete the program annually.
 1822         (c)Responsible vendor program training modules shall
 1823  include at least 2 hours of instruction time approved by the
 1824  department which includes:
 1825         1.Health and safety concerns of cannabis use, including
 1826  the responsible use of cannabis, its physical effects, onset of
 1827  physiological effects, recognizing signs of impairment, and
 1828  appropriate responses in the event of overconsumption.
 1829         2.Training on laws and rules relating to driving while
 1830  under the influence.
 1831         3.Training on state laws and rules relating to the
 1832  prohibition on the sale of cannabis to minors.
 1833         4.Training on state laws and rules relating to quantity
 1834  limitations on sales to purchasers.
 1835         5.Training on acceptable forms of identification,
 1836  including, but not limited to:
 1837         a.How to check identification.
 1838         b.Common mistakes made in verification.
 1839         6.Safe storage of cannabis.
 1840         7.Compliance with all inventory tracking system
 1841  regulations.
 1842         8.Waste handling, management, and disposal.
 1843         9.Health and safety standards.
 1844         10.Maintenance of records.
 1845         11.Security and surveillance requirements.
 1846         12.Permitting inspections by state and local licensing and
 1847  enforcement authorities.
 1848         13.Privacy issues.
 1849         14.Packaging and labeling requirement for sales to
 1850  purchasers.
 1851         15.Other areas as determined by department rule.
 1852         (10)Upon the successful completion of the responsible
 1853  vendor program, the provider shall deliver proof of completion
 1854  either through mail or electronic communication to the
 1855  dispensing organization, which shall retain a copy of the
 1856  certificate.
 1857         (11)The license of a dispensing organization or medical
 1858  marijuana dispensary whose owners, managers, employees, or
 1859  agents fail to comply with this section may be suspended or
 1860  revoked under s. 566.2068 or may face other disciplinary action.
 1861         (12)The regulation of dispensing organization and medical
 1862  cannabis dispensing employer and employee training is an
 1863  exclusive function of the state, and regulation by a unit of
 1864  local government is prohibited.
 1865         (13)Persons seeking department approval to offer the
 1866  training required by paragraph (9)(c) may apply for such
 1867  approval between August 1 and August 15 of each odd-numbered
 1868  year in a manner prescribed by the department.
 1869         (14)Persons seeking department approval to offer the
 1870  training required by paragraph (9)(c) shall submit a
 1871  nonrefundable application fee as provided in s. 566.801 to be
 1872  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 1873  Trust Fund or a fee as may be set by rule. Any changes made to
 1874  the training module shall be approved by the department.
 1875         (15)The department shall not unreasonably deny approval of
 1876  a training module that meets all the requirements of paragraph
 1877  (9)(c). A denial of approval must include a detailed description
 1878  of the reasons for the denial.
 1879         (16)Any person approved to provide the training required
 1880  by paragraph (9)(c) shall submit an application for reapproval
 1881  between August 1 and August 15 of each odd-numbered year and
 1882  include a nonrefundable application fee as provided in s.
 1883  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 1884  and Tobacco Trust Fund or a fee as may be set by rule.
 1885         566.20331Renewal of adult use dispensing organization
 1886  licenses.—
 1887         (1)Adult use dispensing organization licenses shall expire
 1888  on March 31 of even-numbered years.
 1889         (2)Agent identification cards shall expire 1 year after
 1890  the date they are issued.
 1891         (3)Licensees and dispensing agents shall submit renewal
 1892  applications as provided by the department and pay the renewal
 1893  fees provided in s. 566.801(3)(b) and (4)(a)1., respectively.
 1894  The department shall require an agent, employee, contracting,
 1895  and subcontracting diversity report and an environmental impact
 1896  report with its renewal application. No license or agent
 1897  identification card shall be renewed if it is currently under
 1898  revocation or suspension for violation of this chapter or any
 1899  rules that may be adopted under this chapter or the licensee,
 1900  principal officer, board member, person having a financial or
 1901  voting interest of 5 percent or greater in the licensee, or
 1902  agent is delinquent in filing any required tax returns or paying
 1903  any amounts owed to the state.
 1904         (4)Renewal fees collected under subsection (3) are to be
 1905  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 1906  Trust Fund.
 1907         (5)If a dispensing organization fails to renew its license
 1908  before expiration, the dispensing organization shall cease
 1909  operations until the license is renewed.
 1910         (6)If a dispensing organization agent fails to renew his
 1911  or her registration before its expiration, he or she shall cease
 1912  to perform duties authorized by this chapter at a dispensing
 1913  organization until his or her registration is renewed.
 1914         (7)Any dispensing organization that continues to operate
 1915  after failing to renew its license or a dispensing agent who
 1916  continues to perform duties authorized by this chapter at a
 1917  dispensing organization that fails to renew its license is
 1918  subject to penalty as provided in this chapter, or any rules
 1919  that may be adopted pursuant to this chapter.
 1920         (8)The department may not renew a license if the applicant
 1921  is delinquent in filing any required tax returns or paying any
 1922  amounts owed to the state. The department shall not renew a
 1923  dispensing agent identification card if the applicant is
 1924  delinquent in filing any required tax returns or paying any
 1925  amounts owed to the state.
 1926         566.20332Disclosure of ownership and control.—
 1927         (1)Each dispensing organization applicant and licensee
 1928  shall file and maintain a table of organization, ownership, and
 1929  control with the department. The table of organization,
 1930  ownership, and control shall contain the information required by
 1931  this section in sufficient detail to identify all owners,
 1932  directors, and principal officers, and the title of each
 1933  principal officer or business entity that, through direct or
 1934  indirect means, manages, owns, or controls the applicant or
 1935  licensee.
 1936         (2)The table of organization, ownership, and control shall
 1937  identify the following information:
 1938         (a)The management structure, ownership, and control of the
 1939  applicant or licensee including the name of each principal
 1940  officer or business entity, the office or position held, and the
 1941  percentage ownership interest, if any.
 1942         (b)If the business entity has a parent company, the name
 1943  of each owner, board member, and officer of the parent company
 1944  and his or her percentage ownership interest in the parent
 1945  company and the dispensing organization.
 1946         (c)If the applicant or licensee is a business entity with
 1947  publicly traded stock, the identification of ownership shall be
 1948  provided as required in subsection (3).
 1949         (3)If a business entity identified in subsection (2) is a
 1950  publicly traded company, the following information shall be
 1951  provided in the table of organization, ownership, and control:
 1952         (a)The name and percentage of ownership interest of each
 1953  individual or business entity with ownership of more than 5
 1954  percent of the voting shares of the entity, to the extent that
 1955  such information is known or contained in 13D or 13G Securities
 1956  and Exchange Commission filings.
 1957         (b)To the extent known, the names and percentage of
 1958  interest of ownership of persons who are relatives of one
 1959  another and who together exercise control over or own more than
 1960  10 percent of the voting shares of the entity.
 1961         (4)A dispensing organization with a parent company or
 1962  companies or that is partially owned or controlled by another
 1963  entity must disclose to the department the relationship and all
 1964  owners, board members, officers, or individuals with control or
 1965  management of those entities. A dispensing organization may not
 1966  shield its ownership or control from the department.
 1967         (5)All principal officers must submit a complete online
 1968  application with the department within 14 days after the
 1969  dispensing organization is licensed by the department or within
 1970  14 days after the department submits notice of approval of a new
 1971  principal officer.
 1972         (6)A principal officer may not allow his or her
 1973  registration to expire.
 1974         (7)A dispensing organization separating with a principal
 1975  officer must do so under this chapter. The principal officer
 1976  must communicate the separation to the department within 5
 1977  business days.
 1978         (8)A principal officer not in compliance with the
 1979  requirements of this chapter shall be removed from his or her
 1980  position with the dispensing organization or shall otherwise
 1981  terminate his or her affiliation. Failure to do so may subject
 1982  the dispensing organization to discipline, suspension, or
 1983  revocation of its license by the department.
 1984         (9)It is the responsibility of the dispensing organization
 1985  and its principal officers to promptly notify the department of
 1986  any change of the principal place of business address, hours of
 1987  operation, or change in the dispensing organization’s ownership,
 1988  control, or primary or secondary contact information. Any
 1989  changes must be made to the department in writing.
 1990         566.20333Financial responsibility.—Evidence of financial
 1991  responsibility is a requirement for the issuance, maintenance,
 1992  or reactivation of a license under this chapter. Evidence of
 1993  financial responsibility shall be used to guarantee that the
 1994  dispensing organization timely and successfully completes
 1995  dispensary construction, operates in a manner that provides an
 1996  uninterrupted supply of cannabis, faithfully pays registration
 1997  renewal fees, keeps accurate books and records, makes regularly
 1998  required reports, complies with state tax requirements, and
 1999  conducts the dispensing organization in conformity with this
 2000  chapter and rules adopted pursuant thereto. Evidence of
 2001  financial responsibility shall be provided by one of the
 2002  following:
 2003         (1)Establishing and maintaining an escrow or surety
 2004  account in a financial institution in the amount of $50,000,
 2005  with escrow terms, approved by the department, that it shall be
 2006  payable to the department in the event of circumstances outlined
 2007  in this chapter and rules adopted pursuant thereto.
 2008         (a)A financial institution may not return money in an
 2009  escrow or surety account to the dispensing organization that
 2010  established the account or a representative of the organization
 2011  unless the organization or representative presents a statement
 2012  issued by the department indicating that the account may be
 2013  released.
 2014         (b)The escrow or surety account shall not be canceled on
 2015  less than 30 days’ notice in writing to the department, unless
 2016  otherwise approved by the department. If an escrow or surety
 2017  account is canceled and the registrant fails to secure a new
 2018  account with the required amount on or before the effective date
 2019  of cancellation, the registrant’s registration may be revoked.
 2020  The total and aggregate liability of the surety on the bond is
 2021  limited to the amount specified in the escrow or surety account.
 2022         (2)Providing a surety bond in the amount of $50,000,
 2023  naming the dispensing organization as principal of the bond,
 2024  with terms, approved by the department, that the bond defaults
 2025  to the department in the event of circumstances outlined in this
 2026  chapter and rules adopted pursuant thereto. Bond terms must
 2027  require that:
 2028         (a)The business name and registration number on the bond
 2029  must correspond exactly with the business name and registration
 2030  number in the department’s records.
 2031         (b)The bond must be written on a form approved by the
 2032  department.
 2033         (c)A copy of the bond must be received by the department
 2034  within 90 days after the effective date.
 2035         (d)The bond shall not be canceled by a surety on less than
 2036  30 days’ notice in writing to the department. If a bond is
 2037  canceled and the registrant fails to file a new bond with the
 2038  department in the required amount on or before the effective
 2039  date of cancellation, the registrant’s registration may be
 2040  revoked. The total and aggregate liability of the surety on the
 2041  bond is limited to the amount specified in the bond.
 2042         566.20334Changes to a dispensing organization.—
 2043         (1)A license shall be issued to the specific dispensing
 2044  organization identified on the application and for the specific
 2045  location proposed. The license is valid only as designated on
 2046  the license and for the location for which it is issued.
 2047         (2)A dispensing organization may add principal officers
 2048  only after being approved by the department.
 2049         (3)A dispensing organization shall provide written notice
 2050  of the removal of a principal officer within 5 business days
 2051  after removal. The notice shall include the written agreement of
 2052  the principal officer being removed, unless otherwise approved
 2053  by the department, and allocation of ownership shares after
 2054  removal in an updated ownership chart.
 2055         (4)A dispensing organization shall provide a written
 2056  request to the department for the addition of principal
 2057  officers. A dispensing organization shall submit proposed
 2058  principal officer applications on forms approved by the
 2059  department.
 2060         (5)All proposed new principal officers shall be subject to
 2061  the requirements of this chapter and any rules that may be
 2062  adopted pursuant to this chapter.
 2063         (6)The department may prohibit the addition of a principal
 2064  officer to a dispensing organization for failure to comply with
 2065  this chapter and any rules that may be adopted pursuant to this
 2066  chapter.
 2067         (7)A dispensing organization may not assign a license.
 2068         (8)A dispensing organization may not transfer a license
 2069  without prior department approval. Such approval may be withheld
 2070  if the person to whom the license is being transferred does not
 2071  commit to the same or a similar community engagement plan
 2072  provided as part of the dispensing organization’s application
 2073  under s. 566.202(4), and such transferee’s license shall be
 2074  conditional upon that commitment.
 2075         (9)With the addition or removal of principal officers, the
 2076  department will review the ownership structure to determine
 2077  whether the change in ownership has had the effect of a transfer
 2078  of the license. The dispensing organization shall supply all
 2079  ownership documents requested by the department.
 2080         (10)A dispensing organization may apply to the department
 2081  to approve a sale of the dispensing organization. A request to
 2082  sell the dispensing organization must be on application forms
 2083  provided by the department. A request for an approval to sell a
 2084  dispensing organization must comply with the following:
 2085         (a)New application materials shall comply with this
 2086  chapter and any rules that may be adopted pursuant to this
 2087  chapter.
 2088         (b)Application materials shall include a change of
 2089  ownership fee as provided in s. 566.801 to be deposited into the
 2090  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 2091         (c)The application materials shall provide proof that the
 2092  transfer of ownership will not have the effect of granting any
 2093  of the owners or principal officers direct or indirect ownership
 2094  or control of more than 10 adult use dispensing organization
 2095  licenses.
 2096         (d)New principal officers shall each complete the proposed
 2097  new principal officer application.
 2098         (e)If the department approves the application materials
 2099  and proposed new principal officer applications, it will perform
 2100  an inspection before approving the sale and issuing the
 2101  dispensing organization license.
 2102         (f)If a new license is approved, the department will issue
 2103  a new license number and certificate to the new dispensing
 2104  organization.
 2105         (11)The dispensing organization shall provide the
 2106  department with the personal information for all new dispensing
 2107  organizations agents as required in this chapter, and all new
 2108  dispensing organization agents shall be subject to the
 2109  requirements of this chapter. A dispensing organization agent
 2110  must obtain an agent identification card from the department
 2111  before beginning work at a dispensary.
 2112         (12)Before remodeling, expansion, reduction, or other
 2113  physical, noncosmetic alteration of a dispensary, the dispensing
 2114  organization must notify the department and confirm the
 2115  alterations are in compliance with this chapter and any rules
 2116  that may be adopted pursuant to this chapter.
 2117         566.204Administration.—
 2118         (1)A dispensing organization shall establish, maintain,
 2119  and comply with written policies and procedures as submitted in
 2120  the business, financial, and operating plan as required in this
 2121  chapter or by rules established by the department, and approved
 2122  by the department, for the security, storage, inventory, and
 2123  distribution of cannabis. These policies and procedures shall
 2124  include methods for identifying, recording, and reporting
 2125  diversion, theft, or loss and for correcting errors and
 2126  inaccuracies in inventories. At a minimum, dispensing
 2127  organizations shall ensure the written policies and procedures
 2128  provide for the following:
 2129         (a)Mandatory and voluntary recalls of cannabis products.
 2130  The policies shall be adequate to deal with recalls due to any
 2131  action initiated at the request of the department and any
 2132  voluntary action by the dispensing organization to remove
 2133  defective or potentially defective cannabis from the market or
 2134  any action undertaken to promote public health and safety,
 2135  including:
 2136         1.A mechanism reasonably calculated to contact purchasers
 2137  who have, or likely have, obtained the product from the
 2138  dispensary, including information on the policy for return of
 2139  the recalled product.
 2140         2.A mechanism to identify and contact the adult use
 2141  cultivation center, craft grower, or infuser that manufactured
 2142  the cannabis.
 2143         3.Policies for communicating with the department and the
 2144  Department of Health within 24 hours after discovering defective
 2145  or potentially defective cannabis.
 2146         4.Policies for destruction of any recalled cannabis
 2147  product.
 2148         (b)Responses to local, state, or national emergencies,
 2149  including natural disasters, that affect the security or
 2150  operation of a dispensary.
 2151         (c)Segregation and destruction of outdated, damaged,
 2152  deteriorated, misbranded, or adulterated cannabis. This
 2153  procedure shall provide for written documentation of the
 2154  cannabis disposition.
 2155         (d)Ensuring the oldest stock of a cannabis product is
 2156  distributed first. The procedure may permit deviation from this
 2157  requirement, if such deviation is temporary and appropriate.
 2158         (e)Training of dispensing organization agents in this
 2159  chapter and rules, to effectively operate the point-of-sale
 2160  system and the state’s verification system, proper inventory
 2161  handling and tracking, specific uses of cannabis or cannabis
 2162  infused products, instruction regarding regulatory inspection
 2163  preparedness and law enforcement interaction, awareness of the
 2164  legal requirements for maintaining status as an agent, and other
 2165  topics as specified by the dispensing organization or the
 2166  department. The dispensing organization shall maintain evidence
 2167  of all training provided to each agent in its files which is
 2168  subject to inspection and audit by the department. The
 2169  dispensing organization shall ensure agents receive a minimum of
 2170  8 hours of training annually, subject to the requirements in s.
 2171  566.2033(9), unless otherwise approved by the department.
 2172         (f)Maintenance of business records consistent with
 2173  industry standards, including bylaws, consents, manual or
 2174  computerized records of assets and liabilities, audits, monetary
 2175  transactions, journals, ledgers, and supporting documents,
 2176  including agreements, checks, invoices, receipts, and vouchers.
 2177  Records shall be maintained in a manner consistent with this
 2178  chapter and shall be retained for a minimum of 5 years.
 2179         (g)Inventory control, including:
 2180         1.Tracking purchases and denials of sale.
 2181         2.Disposal of unusable or damaged cannabis as required by
 2182  this chapter and rules.
 2183         (h)Purchaser education and support, including:
 2184         1.Whether possession of cannabis is illegal under federal
 2185  law.
 2186         2.Current educational information issued by the Department
 2187  of Public Health about the health risks associated with the use
 2188  or abuse of cannabis.
 2189         3.Information about possible side effects.
 2190         4.Prohibition on smoking cannabis in public places.
 2191         5.Offering any other appropriate purchaser education or
 2192  support materials.
 2193         (2)A dispensing organization shall maintain copies of the
 2194  policies and procedures on the dispensary premises and provide
 2195  copies to the department upon request. The dispensing
 2196  organization shall review the dispensing organization policies
 2197  and procedures at least once every 12 months from the issue date
 2198  of the license and update as needed due to changes in industry
 2199  standards or as requested by the department.
 2200         (3)A dispensing organization shall ensure that each
 2201  principal officer and each dispensing organization agent has a
 2202  current agent identification card in the agent’s immediate
 2203  possession when the agent is at the dispensary.
 2204         (4)A dispensing organization shall provide prompt written
 2205  notice to the department, including the date of the event, when
 2206  a dispensing organization agent no longer is employed by the
 2207  dispensing organization.
 2208         (5)A dispensing organization shall promptly document and
 2209  report any loss or theft of cannabis from the dispensary to the
 2210  Department of Law Enforcement and the department. It is the duty
 2211  of any dispensing organization agent who becomes aware of the
 2212  loss or theft to report it as provided in this chapter.
 2213         (6)A dispensing organization shall post the following
 2214  information in a conspicuous location in an area of the
 2215  dispensary accessible to consumers:
 2216         (a)The dispensing organization’s license.
 2217         (b)The hours of operation.
 2218         (7)(a)All dispensing organizations must display a placard
 2219  that states the following: “Cannabis can impair cognition and
 2220  driving, is for adult use only, may be habit-forming, and should
 2221  not be used by pregnant or breastfeeding women.”
 2222         (b)Any dispensing organization that sells edible cannabis
 2223  infused products must display a placard that states the
 2224  following:
 2225         1.“Edible cannabis-infused products were produced in a
 2226  kitchen that may also process common food allergens”; and
 2227         2.“The effects of cannabis products can vary from person
 2228  to person, and it can take as long as 2 hours to feel the
 2229  effects of some cannabis-infused products. Carefully review the
 2230  portion size information and warnings contained on the product
 2231  packaging before consuming.”
 2232         (c)All of the required signage in this subsection shall be
 2233  no smaller than 24 inches tall by 36 inches wide, with typed
 2234  letters no smaller than 2 inches. The signage shall be clearly
 2235  visible and readable by customers. The signage shall be placed
 2236  in the area where cannabis and cannabis-infused products are
 2237  sold and may be translated into additional languages as needed.
 2238  The department may require a dispensary to display the required
 2239  signage in a different language, other than English, if the
 2240  department deems it necessary.
 2241         (8)A dispensing organization shall prominently post
 2242  notices inside the dispensing organization which state
 2243  activities that are strictly prohibited and punishable by law,
 2244  including, but not limited to:
 2245         (a)No minors permitted on the premises unless the minor is
 2246  a minor qualified patient.
 2247         (b)Distribution to persons under the age of 21 is
 2248  prohibited.
 2249         (c)Transportation of cannabis or cannabis products across
 2250  state lines is prohibited.
 2251         566.2042Operational requirements; prohibitions.—
 2252         (1)A dispensing organization shall operate in accordance
 2253  with the representations made in its application and license
 2254  materials. It shall be in compliance with this chapter and
 2255  rules.
 2256         (2)A dispensing organization must include the legal name
 2257  of the dispensary on the packaging of any cannabis product it
 2258  sells.
 2259         (3)All cannabis, cannabis-infused products, and cannabis
 2260  seeds must be obtained from a registered adult use cultivation
 2261  center in this state, craft grower, infuser, or another
 2262  dispensary.
 2263         (4)Dispensing organizations are prohibited from selling
 2264  any product containing alcohol except tinctures, which must be
 2265  limited to containers that are no larger than 100 milliliters.
 2266         (5)A dispensing organization shall inspect and count
 2267  product received by the adult use cultivation center before
 2268  dispensing it.
 2269         (6)A dispensing organization may accept cannabis
 2270  deliveries only into a restricted access area. Deliveries may
 2271  not be accepted through the public or limited access areas
 2272  unless otherwise approved by the department.
 2273         (7)A dispensing organization shall maintain compliance
 2274  with state and local building, fire, and zoning requirements or
 2275  regulations.
 2276         (8)A dispensing organization shall submit a list to the
 2277  department of the names of all service professionals that will
 2278  work at the dispensary. The list shall include a description of
 2279  the type of business or service provided. Changes to the service
 2280  professional list shall be promptly provided. No service
 2281  professional shall work in the dispensary until the name is
 2282  provided to the department on the service professional list.
 2283         (9)A dispensing organization’s license allows for a
 2284  dispensary to be operated only at a single location.
 2285         (10)A dispensary may operate between 6 a.m. and 10 p.m.
 2286  local time.
 2287         (11)A dispensing organization must keep all lighting
 2288  outside and inside the dispensary in good working order and
 2289  wattage sufficient for security cameras.
 2290         (12)A dispensing organization shall ensure that any
 2291  building or equipment used by a dispensing organization for the
 2292  storage or sale of cannabis is maintained in a clean and
 2293  sanitary condition.
 2294         (13)The dispensary shall be free from infestation by
 2295  insects, rodents, or pests.
 2296         (14)A dispensing organization shall not:
 2297         (a)Produce or manufacture cannabis.
 2298         (b)Accept a cannabis product from an adult use cultivation
 2299  center, craft grower, infuser, dispensing organization, or
 2300  transporting organization unless it is pre-packaged and labeled
 2301  in accordance with this chapter and any rules that may be
 2302  adopted pursuant to this chapter.
 2303         (c)Obtain cannabis or cannabis-infused products from
 2304  outside this state.
 2305         (d)Sell cannabis or cannabis-infused products to a
 2306  purchaser unless the dispensary organization is a medical
 2307  marijuana treatment center and the individual is a registered
 2308  qualified patient or caregiver under s. 381.986 or the purchaser
 2309  has been verified to be over the age of 21.
 2310         (e)Enter into an exclusive agreement with any adult use
 2311  cultivation center, craft grower, or infuser. Dispensaries shall
 2312  provide consumers an assortment of products from various
 2313  cannabis business establishment licensees such that the
 2314  inventory available for sale at any dispensary from any single
 2315  cultivation center, craft grower, processor, or infuser entity
 2316  shall not be more than 40 percent of the total inventory
 2317  available for sale. For the purpose of this subsection, a
 2318  cultivation center, craft grower, processor, or infuser shall be
 2319  considered part of the same entity if the licensees share at
 2320  least one principal officer. The department may request that a
 2321  dispensary diversify its products as needed or otherwise
 2322  discipline a dispensing organization for violating this
 2323  requirement.
 2324         (f)Refuse to conduct business with an adult use
 2325  cultivation center, craft grower, transporting organization, or
 2326  infuser that has the ability to properly deliver the product and
 2327  is permitted by the Department of Agriculture, on the same terms
 2328  as other adult use cultivation centers, craft growers, infusers,
 2329  or transporters with whom it is dealing.
 2330         (g)Operate drive-through windows.
 2331         (h)Allow for the dispensing of cannabis or cannabis
 2332  infused products in vending machines.
 2333         (i)Transport cannabis to residences or other locations
 2334  where purchasers may be for delivery.
 2335         (j)Enter into agreements to allow persons who are not
 2336  dispensing organization agents to deliver cannabis or to
 2337  transport cannabis to purchasers.
 2338         (k)Operate a dispensary if its video surveillance
 2339  equipment is inoperative.
 2340         (l)Operate a dispensary if the point-of-sale equipment is
 2341  inoperative.
 2342         (m)Operate a dispensary if the state’s cannabis electronic
 2343  verification system is inoperative.
 2344         (n)Have fewer than two people working at the dispensary at
 2345  any time while the dispensary is open.
 2346         (o)Be located within 1,500 feet of the property line of a
 2347  preexisting dispensing organization.
 2348         (p)Sell clones or any other live plant material.
 2349         (q)Sell cannabis, cannabis concentrate, or cannabis
 2350  infused products in combination or bundled with each other or
 2351  any other items for one price, and each item of cannabis,
 2352  concentrate, or cannabis-infused product must be separately
 2353  identified by quantity and price on the receipt.
 2354         (r)Violate any other requirements or prohibitions set by
 2355  department rules.
 2356         (15)It is unlawful for any person having an early approval
 2357  adult use cannabis dispensing organization license, a
 2358  conditional adult use cannabis dispensing organization, an adult
 2359  use dispensing organization license, or a medical marijuana
 2360  treatment center or any officer, associate, member,
 2361  representative, or agent of such licensee to accept, receive, or
 2362  borrow money or anything else of value or accept or receive
 2363  credit, other than merchandising credit in the ordinary course
 2364  of business for a period not to exceed 30 days, directly or
 2365  indirectly, from any adult use cultivation center, craft grower,
 2366  infuser, or transporting organization. This includes anything
 2367  received or borrowed or from any stockholders, officers, agents,
 2368  or persons connected with an adult use cultivation center, craft
 2369  grower, infuser, or transporting organization. This also
 2370  excludes any received or borrowed in exchange for preferential
 2371  placement by the dispensing organization, including preferential
 2372  placement on the dispensing organization’s shelves, display
 2373  cases, or website.
 2374         (16)It is unlawful for any person having an early approval
 2375  adult use cannabis dispensing organization license, a
 2376  conditional adult use cannabis dispensing organization, an adult
 2377  use dispensing organization license, or a medical marijuana
 2378  treatment center to enter into any contract with any person
 2379  licensed to cultivate, process, or transport cannabis whereby
 2380  such dispensary organization agrees not to sell any cannabis
 2381  cultivated, processed, transported, manufactured, or distributed
 2382  by any other cultivator, transporter, or infuser, and any
 2383  provision in any contract in violation of this section shall
 2384  render the whole of such contract void and no action shall be
 2385  brought thereon in any court.
 2386         566.2043Inventory control system.—
 2387         (1)A dispensing organization agent-in-charge shall have
 2388  primary oversight of the dispensing organization’s cannabis
 2389  inventory verification system and its point-of-sale system. The
 2390  inventory point-of-sale system shall be real-time, web-based,
 2391  and accessible by the department at any time. The point-of-sale
 2392  system shall track, at a minimum, the date of sale, amount,
 2393  price, and currency.
 2394         (2)A dispensing organization shall establish an account
 2395  with the state’s verification system that documents:
 2396         (a)Each sales transaction at the time of sale and each
 2397  day’s beginning inventory, acquisitions, sales, disposal, and
 2398  ending inventory.
 2399         (b)Acquisition of cannabis and cannabis-infused products
 2400  from a licensed adult use cultivation center, craft grower,
 2401  infuser, or transporter, including:
 2402         1.A description of the products, including the quantity,
 2403  strain, variety, and batch number of each product received.
 2404         2.The name and registry identification number of the
 2405  licensed adult use cultivation center, craft grower, or infuser
 2406  providing the cannabis and cannabis-infused products.
 2407         3.The name and registry identification number of the
 2408  licensed adult use cultivation center, craft grower, infuser, or
 2409  transportation agent delivering the cannabis.
 2410         4.The name and registry identification number of the
 2411  dispensing organization agent receiving the cannabis.
 2412         5.The date of acquisition.
 2413         (c)The disposal of cannabis, including:
 2414         1.A description of the products, including the quantity,
 2415  strain, variety, batch number, and reason for the cannabis being
 2416  disposed.
 2417         2.The method of disposal.
 2418         3.The date and time of disposal.
 2419         (3)Upon cannabis delivery, a dispensing organization shall
 2420  confirm the product’s name, strain name, weight, and
 2421  identification number on the manifest matches the information on
 2422  the cannabis product label and package. The product name listed
 2423  and the weight listed in the state’s verification system shall
 2424  match the product packaging.
 2425         (a)The agent-in-charge shall conduct daily inventory
 2426  reconciliation documenting and balancing cannabis inventory by
 2427  confirming the state’s verification system matches the
 2428  dispensing organization’s point-of-sale system and the amount of
 2429  physical product at the dispensary.
 2430         (b)A dispensing organization must receive department
 2431  approval before completing an inventory adjustment. It shall
 2432  provide a detailed reason for the adjustment. Inventory
 2433  adjustment documentation shall be kept at the dispensary for 2
 2434  years after the date performed.
 2435         (c)If the dispensing organization identifies an imbalance
 2436  in the amount of cannabis after the daily inventory
 2437  reconciliation due to mistake, the dispensing organization shall
 2438  determine how the imbalance occurred and immediately upon
 2439  discovery take and document corrective action. If the dispensing
 2440  organization cannot identify the reason for the mistake within 2
 2441  calendar days after first discovery, it shall inform the
 2442  department immediately in writing of the imbalance and the
 2443  corrective action taken to date. The dispensing organization
 2444  shall work diligently to determine the reason for the mistake.
 2445         (d)If the dispensing organization identifies an imbalance
 2446  in the amount of cannabis after the daily inventory
 2447  reconciliation or through other means due to theft, criminal
 2448  activity, or suspected criminal activity, the dispensing
 2449  organization shall immediately determine how the reduction
 2450  occurred and take and document corrective action. Within 24
 2451  hours after the first discovery of the reduction due to theft,
 2452  criminal activity, or suspected criminal activity, the
 2453  dispensing organization shall inform the department and the
 2454  Department of Law Enforcement in writing.
 2455         (e)The dispensing organization shall file an annual
 2456  compilation report with the department, including a financial
 2457  statement that shall include, but not be limited to, an income
 2458  statement, balance sheet, profit and loss statement, statement
 2459  of cash flow, wholesale cost and sales, and any other
 2460  documentation requested by the department in writing. The
 2461  financial statement shall include any other information the
 2462  department deems necessary in order to effectively administer
 2463  this chapter and all rules, orders, and final decisions
 2464  promulgated under this chapter. Statements required by this
 2465  section shall be filed with the department within 60 days after
 2466  the end of the calendar year. The compilation report shall
 2467  include a letter authored by a licensed certified public
 2468  accountant that it has been reviewed and is accurate based on
 2469  the information provided. The dispensing organization, financial
 2470  statement, and accompanying documents are not required to be
 2471  audited unless specifically requested by the department.
 2472         (4)A dispensing organization shall:
 2473         (a)Maintain the documentation required in this section in
 2474  a secure locked location at the dispensing organization for 5
 2475  years after the date on the document.
 2476         (b)Provide any documentation required to be maintained in
 2477  this section to the department for review upon request.
 2478         (c)If maintaining a bank account, retain for a period of 5
 2479  years a record of each deposit or withdrawal from the account.
 2480         (5)If a dispensing organization chooses to have a return
 2481  policy for cannabis and cannabis products, the dispensing
 2482  organization shall seek prior approval from the department.
 2483         566.2044Storage requirements.—
 2484         (1)Authorized on-premises storage. A dispensing
 2485  organization must store inventory on its premises. All inventory
 2486  stored on the premises must be secured in a restricted access
 2487  area and tracked consistently with the inventory tracking rules.
 2488         (2)A dispensary shall be of suitable size and construction
 2489  to facilitate cleaning, maintenance, and proper operations.
 2490         (3)A dispensary shall maintain adequate lighting,
 2491  ventilation, temperature, humidity control, and equipment.
 2492         (4)Containers storing cannabis that have been tampered
 2493  with, damaged, or opened shall be labeled with the date opened
 2494  and quarantined from other cannabis products in the vault until
 2495  they are disposed of.
 2496         (5)Cannabis that was tampered with, expired, or damaged
 2497  shall not be stored at the premises for more than 7 calendar
 2498  days.
 2499         (6)Cannabis samples shall be in a sealed container and
 2500  maintained in the restricted access area.
 2501         (7)The dispensary storage areas shall be maintained in
 2502  accordance with the security requirements in this chapter and
 2503  rules.
 2504         (8)Cannabis must be stored at appropriate temperatures and
 2505  under appropriate conditions to help ensure that its packaging,
 2506  strength, quality, and purity are not adversely affected.
 2507         566.2046Dispensing cannabis.—
 2508         (1)Before a dispensing organization agent dispenses
 2509  cannabis to a purchaser, the agent shall:
 2510         (a)Verify the age of the purchaser by checking a
 2511  government-issued identification card by use of an electronic
 2512  reader or electronic scanning device to scan a purchaser’s
 2513  government-issued identification, if applicable, to determine
 2514  the purchaser’s age and the validity of the identification.
 2515         (b)Verify the validity of the government-issued
 2516  identification card.
 2517         (c)Offer any appropriate purchaser education or support
 2518  materials.
 2519         (d)Enter the following information into the state’s
 2520  cannabis electronic verification system:
 2521         1.The dispensing organization agent’s identification
 2522  number.
 2523         2.The dispensing organization’s identification number.
 2524         3.The amount and type, including strain, if applicable, of
 2525  cannabis or cannabis-infused product dispensed.
 2526         4.The date and time the cannabis was dispensed.
 2527         (2)A dispensing organization shall refuse to sell cannabis
 2528  or cannabis-infused products to any person unless the person
 2529  produces a valid identification showing that the person is 21
 2530  years of age or older. A medical cannabis dispensing
 2531  organization may sell cannabis or cannabis-infused products to a
 2532  person who is under 21 years of age if the sale complies with
 2533  the provisions of the s. 381.986 and rules adopted pursuant
 2534  thereto.
 2535         (3)For the purposes of this section, valid identification
 2536  must:
 2537         (a)Be valid and unexpired.
 2538         (b)Contain a photograph and the date of birth of the
 2539  person.
 2540         566.2047Destruction and disposal of cannabis.—
 2541         (1)Cannabis and cannabis-infused products must be
 2542  destroyed by rendering them unusable using methods approved by
 2543  the department which comply with this chapter and rules.
 2544         (2)Cannabis waste rendered unusable must be promptly
 2545  disposed of according to this chapter and rules. Disposal of the
 2546  cannabis waste rendered unusable may be delivered to a permitted
 2547  solid waste facility for final disposition. Acceptable permitted
 2548  solid waste facilities include, but are not limited to:
 2549         (a)For compostable mixed waste, a compost, an anaerobic
 2550  digester, or another facility approved by the jurisdictional
 2551  health department.
 2552         (b)For noncompostable mixed waste, a landfill, an
 2553  incinerator, or another facility approved by the jurisdictional
 2554  health department.
 2555         (3)All waste and unusable product shall be weighed,
 2556  recorded, and entered into the inventory system before rendering
 2557  it unusable. All waste and unusable cannabis concentrates and
 2558  cannabis-infused products shall be recorded and entered into the
 2559  inventory system before rendering it unusable. Verification of
 2560  this event shall be performed by an agent-in-charge and
 2561  conducted in an area with video surveillance.
 2562         (4)Electronic documentation of destruction and disposal
 2563  shall be maintained for a period of at least 5 years.
 2564         566.2048Agent-in-charge.—
 2565         (1)Every dispensing organization shall designate, at a
 2566  minimum, one agent-in-charge for each licensed dispensary. The
 2567  designated agent-in-charge must hold a dispensing organization
 2568  agent identification card. Maintaining an agent-in-charge is a
 2569  continuing requirement for the license, except as provided in
 2570  subsection (6).
 2571         (2)The agent-in-charge shall be a principal officer or a
 2572  full-time agent of the dispensing organization and shall manage
 2573  the dispensary. Managing the dispensary includes, but is not
 2574  limited to, responsibility for opening and closing the
 2575  dispensary, delivery acceptance, oversight of sales and
 2576  dispensing organization agents, recordkeeping, inventory,
 2577  dispensing organization agent training, and compliance with this
 2578  chapter and rules. Participation in affairs also includes the
 2579  responsibility for maintaining all files subject to audit or
 2580  inspection by the department at the dispensary.
 2581         (3)The agent-in-charge is responsible for promptly
 2582  notifying the department of any change of information required
 2583  to be reported to the department.
 2584         (4)In determining whether an agent-in-charge manages the
 2585  dispensary, the department may consider the responsibilities
 2586  identified in this section, the number of dispensing
 2587  organization agents under the supervision of the agent-in
 2588  charge, and the employment relationship between the agent-in
 2589  charge and the dispensing organization, including the existence
 2590  of a contract for employment and any other relevant fact or
 2591  circumstance.
 2592         (5)The agent-in-charge is responsible for notifying the
 2593  department of a change in the employment status of all
 2594  dispensing organization agents within 5 business days after the
 2595  change, including notice to the department if the termination of
 2596  an agent was for diversion of product or theft of currency.
 2597         (6)In the event of the separation of an agent-in-charge
 2598  due to death, incapacity, termination, or any other reason and
 2599  if the dispensary does not have an active agent-in-charge, the
 2600  dispensing organization shall immediately contact the department
 2601  and request a temporary certificate of authority allowing the
 2602  continuing operation. The request shall include the name of an
 2603  interim agent-in-charge until a replacement is identified, or
 2604  shall include the name of the replacement. The department shall
 2605  issue the temporary certificate of authority promptly after it
 2606  approves the request. If a dispensing organization fails to
 2607  promptly request a temporary certificate of authority after the
 2608  separation of the agent-in-charge, its registration shall cease
 2609  until the department approves the temporary certificate of
 2610  authority or registers a new agent-in-charge. No temporary
 2611  certificate of authority shall be valid for more than 90 days.
 2612  The succeeding agent-in-charge shall register with the
 2613  department in compliance with this chapter. Once the permanent
 2614  succeeding agent-in-charge is registered with the department,
 2615  the temporary certificate of authority is void. No temporary
 2616  certificate of authority shall be issued for the separation of
 2617  an agent-in-charge due to disciplinary action by the department
 2618  related to his or her conduct on behalf of the dispensing
 2619  organization.
 2620         (7)The dispensing organization agent-in-charge
 2621  registration shall expire one year after the date it is issued.
 2622  The agent-in-charge’s registration shall be renewed annually.
 2623  The department shall review the dispensing organization’s
 2624  compliance history when determining whether to grant the request
 2625  to renew.
 2626         (8)Upon termination of an agent-in-charge’s employment,
 2627  the dispensing organization shall immediately reclaim the
 2628  dispensing agent identification card. The dispensing
 2629  organization shall promptly return the identification card to
 2630  the department.
 2631         (9)The department may deny an application or renewal or
 2632  discipline or revoke an agent-in-charge identification card for
 2633  any of the following reasons:
 2634         (a)Submission of misleading, incorrect, false, or
 2635  fraudulent information in the application or renewal
 2636  application;
 2637         (b)Violation of the requirements of this chapter or rules
 2638  adopted pursuant thereto;
 2639         (c)Fraudulent use of the agent-in-charge identification
 2640  card;
 2641         (d)Selling, distributing, transferring in any manner, or
 2642  giving cannabis to any unauthorized person;
 2643         (e)Theft of cannabis, currency, or any other items from a
 2644  dispensary;
 2645         (f)Tampering with, falsifying, altering, modifying, or
 2646  duplicating an agent-in-charge identification card;
 2647         (g)Tampering with, falsifying, altering, or modifying the
 2648  surveillance video footage, the point-of-sale system, or the
 2649  state’s verification system;
 2650         (h)Failure to notify the department immediately upon
 2651  discovery that the agent-in-charge identification card has been
 2652  lost, stolen, or destroyed;
 2653         (i)Failure to notify the department within 5 business days
 2654  after a change in the information provided in the application
 2655  for an agent-in-charge identification card;
 2656         (j)Conviction of a felony offense in accordance with or
 2657  any incident listed in this chapter or rules following the
 2658  issuance of an agent-in-charge identification card;
 2659         (k)Dispensing to purchasers in amounts above the limits
 2660  provided in this chapter; or
 2661         (l)Delinquency in filing any required tax returns or
 2662  paying any amounts owed to the state.
 2663         566.20485Security.—
 2664         (1)A dispensing organization shall implement security
 2665  measures to deter and prevent entry into the facility and theft
 2666  of cannabis or currency.
 2667         (2)A dispensing organization shall submit any changes to
 2668  the floor plan or security plan to the department for
 2669  preapproval. All cannabis shall be maintained and stored in a
 2670  restricted access area during construction.
 2671         (3)The dispensing organization shall implement security
 2672  measures to protect the premises, purchasers, and dispensing
 2673  organization agents, including, but not limited to, measures
 2674  that:
 2675         (a)Establish a locked door or barrier between the
 2676  facility’s entrance and the limited access area.
 2677         (b)Prevent individuals from remaining on the premises if
 2678  they are not engaging in activity permitted by this chapter or
 2679  rules adopted pursuant thereto.
 2680         (c)Develop a policy that addresses the maximum capacity
 2681  and purchaser flow in the waiting rooms and limited access
 2682  areas.
 2683         (d)Dispose of cannabis in accordance with this chapter and
 2684  rules adopted pursuant thereto.
 2685         (e)During the hours of operation, store and dispense all
 2686  cannabis from the restricted access area. During operational
 2687  hours, cannabis shall be stored in an enclosed locked room or
 2688  cabinet and accessible only to specifically authorized
 2689  dispensing organization agents.
 2690         (f)When the dispensary is closed, store all cannabis and
 2691  currency in a reinforced vault room in the restricted access
 2692  area and in a manner as to prevent diversion, theft, or loss.
 2693         (g)Keep the reinforced vault room and any other equipment
 2694  or cannabis storage areas securely locked and protected from
 2695  unauthorized entry.
 2696         (h)Keep an electronic daily log of dispensing organization
 2697  agents with access to the reinforced vault room and knowledge of
 2698  the access code or combination.
 2699         (i)Keep all locks and security equipment in good working
 2700  order.
 2701         (j)Maintain an operational security and alarm system at
 2702  all times.
 2703         (k)Prohibit keys, if applicable, from being left in the
 2704  locks, or stored or placed in a location accessible to persons
 2705  other than specifically authorized personnel.
 2706         (l)Prohibit accessibility of security measures, including
 2707  combination numbers, passwords, or electronic or biometric
 2708  security systems, to persons other than specifically authorized
 2709  dispensing organization agents.
 2710         (m)Ensure that the dispensary interior and exterior
 2711  premises are sufficiently lit to facilitate surveillance.
 2712         (n)Ensure that trees, bushes, and other foliage outside of
 2713  the dispensary premises do not allow for a person or persons to
 2714  conceal themselves from sight.
 2715         (o)Develop emergency policies and procedures for securing
 2716  all product and currency following any instance of diversion,
 2717  theft, or loss of cannabis, and conduct an assessment to
 2718  determine whether additional safeguards are necessary.
 2719         (p)Develop sufficient additional safeguards in response to
 2720  any special security concerns, or as required by the department.
 2721         (4)The department may request or approve alternative
 2722  security provisions that it determines are an adequate
 2723  substitute for a security requirement specified in this chapter.
 2724  Any additional protections may be considered by the department
 2725  in evaluating overall security measures.
 2726         (5)A dispensary organization may share premises with a
 2727  craft grower or an infuser organization, or both, provided each
 2728  licensee stores currency and cannabis or cannabis-infused
 2729  products in a separate secured vault to which the other licensee
 2730  does not have access or all licensees sharing a vault share more
 2731  than 50 percent of the same ownership.
 2732         (6)A dispensing organization shall provide additional
 2733  security as needed and in a manner appropriate for the community
 2734  where it operates.
 2735         (7)All restricted access areas must:
 2736         (a)Be identified by the posting of a sign that is a
 2737  minimum of 12 inches by 12 inches and that states “Do Not Enter
 2738  - Restricted Access Area - Authorized Personnel Only” in
 2739  lettering no smaller than one inch in height.
 2740         (b)Be clearly described in the floor plan of the premises,
 2741  in the form and manner determined by the department, reflecting
 2742  walls, partitions, counters, and all areas of entry and exit.
 2743  The floor plan shall show all storage, disposal, and retail
 2744  sales areas.
 2745         (c)Be secure, with locking devices that prevent access
 2746  from the limited access areas.
 2747         (8)(a)A dispensing organization shall have an adequate
 2748  security plan and security system to prevent and detect
 2749  diversion, theft, or loss of cannabis, currency, or unauthorized
 2750  intrusion using commercial grade equipment installed by a
 2751  licensed private alarm contractor or private alarm contractor
 2752  agency which shall, at a minimum, include:
 2753         1.A perimeter alarm on all entry points and glass break
 2754  protection on perimeter windows.
 2755         2.Security shatterproof tinted film on exterior windows.
 2756         3.A failure notification system that provides an audible,
 2757  text, or visual notification of any failure in the surveillance
 2758  system, including, but not limited to, panic buttons, alarms,
 2759  and video monitoring system. The failure notification system
 2760  shall provide an alert to designated dispensing organization
 2761  agents within 5 minutes after the failure, either by telephone
 2762  or text message.
 2763         4.A duress alarm, panic button, and alarm, or holdup alarm
 2764  and after-hours intrusion detection alarm that by design and
 2765  purpose will directly or indirectly notify, by the most
 2766  efficient means, the public safety answering point for the law
 2767  enforcement agency having primary jurisdiction.
 2768         5.Security equipment to deter and prevent unauthorized
 2769  entrance into the dispensary, including electronic door locks on
 2770  the limited and restricted access areas which include devices or
 2771  a series of devices to detect unauthorized intrusion which may
 2772  include a signal system interconnected with a radio frequency
 2773  method, cellular, private radio signals or other mechanical or
 2774  electronic device.
 2775         (b)All security system equipment and recordings shall be
 2776  maintained in good working order, in a secure location so as to
 2777  prevent theft, loss, destruction, or alterations.
 2778         (c)Access to surveillance monitoring recording equipment
 2779  shall be limited to persons who are essential to surveillance
 2780  operations, law enforcement authorities acting within their
 2781  jurisdiction, security system service personnel, and the
 2782  department. A current list of authorized dispensing organization
 2783  agents and service personnel that have access to the
 2784  surveillance equipment must be available to the department upon
 2785  request.
 2786         (d)All security equipment shall be inspected and tested at
 2787  regular intervals, not to exceed one month from the previous
 2788  inspection, and tested to ensure the systems remain functional.
 2789         (e)The security system shall provide protection against
 2790  theft and diversion that is facilitated or hidden by tampering
 2791  with computers or electronic records.
 2792         (f)The dispensary shall ensure all access doors are not
 2793  solely controlled by an electronic access panel to ensure that
 2794  locks are not released during a power outage.
 2795         (9)To monitor the dispensary, the dispensing organization
 2796  shall incorporate continuous electronic video monitoring
 2797  including the following:
 2798         (a)All monitors must be 19 inches or greater.
 2799         (b)Unobstructed video surveillance of all enclosed
 2800  dispensary areas, unless prohibited by law, including all points
 2801  of entry and exit that shall be appropriate for the normal
 2802  lighting conditions of the area under surveillance. The cameras
 2803  shall be directed so all areas are captured, including, but not
 2804  limited to, safes, vaults, sales areas, and areas where cannabis
 2805  is stored, handled, dispensed, or destroyed. Cameras shall be
 2806  angled to allow for facial recognition, the capture of clear and
 2807  certain identification of any person entering or exiting the
 2808  dispensary area and in lighting sufficient during all times of
 2809  night or day.
 2810         (c)Unobstructed video surveillance of outside areas, the
 2811  storefront, and the parking lot, which shall be appropriate for
 2812  the normal lighting conditions of the area under surveillance.
 2813  Cameras shall be angled so as to allow for the capture of facial
 2814  recognition, clear and certain identification of any person
 2815  entering or exiting the dispensary and the immediate surrounding
 2816  area, and license plates of vehicles in the parking lot.
 2817         (d)Twenty-four hour recordings from all video cameras
 2818  available for immediate viewing by the department upon request.
 2819  Recordings shall not be destroyed or altered and shall be
 2820  retained for at least 90 days. Recordings shall be retained as
 2821  long as necessary if the dispensing organization is aware of the
 2822  loss or theft of cannabis or a pending criminal, civil, or
 2823  administrative investigation or legal proceeding for which the
 2824  recording may contain relevant information.
 2825         (e)The ability to immediately produce a clear, color still
 2826  photo from the surveillance video, either live or recorded.
 2827         (f)A date and time stamp embedded on all video
 2828  surveillance recordings. The date and time shall be synchronized
 2829  and set correctly and shall not significantly obscure the
 2830  picture.
 2831         (g)The ability to remain operational during a power outage
 2832  and ensure all access doors are not solely controlled by an
 2833  electronic access panel to ensure that locks are not released
 2834  during a power outage.
 2835         (h)All video surveillance equipment shall allow for the
 2836  exporting of still images in an industry standard image format,
 2837  including .jpg, .bmp, and .gif. Exported video shall have the
 2838  ability to be archived in a proprietary format that ensures
 2839  authentication of the video and guarantees that no alteration of
 2840  the recorded image has taken place. Exported video shall also
 2841  have the ability to be saved in an industry standard file format
 2842  that can be played on a standard computer operating system. All
 2843  recordings shall be erased or destroyed before disposal.
 2844         (i)The video surveillance system shall be operational
 2845  during a power outage with a 4-hour minimum battery backup.
 2846         (j)A video camera or cameras recording at each point-of
 2847  sale location allowing for the identification of the dispensing
 2848  organization agent distributing the cannabis and any purchaser.
 2849  The camera or cameras shall capture the sale, the individuals
 2850  and the computer monitors used for the sale.
 2851         (k)A failure notification system that provides an audible
 2852  and visual notification of any failure in the electronic video
 2853  monitoring system.
 2854         (l)All electronic video surveillance monitoring must
 2855  record at least the equivalent of 8 frames per second and be
 2856  available as recordings to the department and the Department of
 2857  Law Enforcement 24 hours a day via a secure web-based portal
 2858  with reverse functionality.
 2859         (10)The requirements contained in this chapter are minimum
 2860  requirements for operating a dispensing organization. The
 2861  department may establish additional requirements by rule.
 2862         566.2049Recordkeeping.—
 2863         (1)Dispensing organization records must be maintained
 2864  electronically for 3 years and be available for inspection by
 2865  the department upon request. Required written records include,
 2866  but are not limited to, the following:
 2867         (a)Operating procedures.
 2868         (b)Inventory records, policies, and procedures.
 2869         (c)Security records.
 2870         (d)Audit records.
 2871         (e)Staff training plans and completion documentation.
 2872         (f)Staffing plan.
 2873         (g)Business records, including, but not limited to:
 2874         1.Assets and liabilities.
 2875         2.Monetary transactions.
 2876         3.Written or electronic accounts, including bank
 2877  statements, journals, ledgers, and supporting documents,
 2878  agreements, checks, invoices, receipts, and vouchers.
 2879         4.Any other financial accounts reasonably related to the
 2880  dispensary operations.
 2881         (2)Storage and transfer of records. If a dispensary closes
 2882  due to insolvency, revocation, bankruptcy, or for any other
 2883  reason, all records must be preserved at the expense of the
 2884  dispensing organization for at least 3 years in a form and
 2885  location in this state acceptable to the department. The
 2886  dispensing organization shall keep the records longer if
 2887  requested by the department. The dispensing organization shall
 2888  notify the department of the location where the dispensary
 2889  records are stored or to which they are transferred.
 2890         566.205Closure of a dispensary.—
 2891         (1)If a dispensing organization decides not to renew its
 2892  license or decides to close its business, it shall promptly
 2893  notify the department not less than 3 months before the
 2894  effective date of the closing date or as otherwise authorized by
 2895  the department.
 2896         (2)The dispensing organization shall work with the
 2897  department to develop a closure plan that addresses, at a
 2898  minimum, the transfer of business records, transfer of cannabis
 2899  products, and anything else the department finds necessary.
 2900         566.206Investigations.—
 2901         (1)Dispensing organizations are subject to random and
 2902  unannounced dispensary inspections and cannabis testing by the
 2903  department, the Department of Law Enforcement, and local law
 2904  enforcement.
 2905         (2)The department and its authorized representatives may
 2906  enter any place, including a vehicle, in which cannabis is held,
 2907  stored, dispensed, sold, produced, delivered, transported,
 2908  manufactured, or disposed of and inspect, in a reasonable
 2909  manner, the place and all pertinent equipment, containers and
 2910  labeling, and all things, including records, files, financial
 2911  data, sales data, shipping data, pricing data, personnel data,
 2912  research, papers, processes, controls, and facility, and
 2913  inventory any stock of cannabis and obtain samples of any
 2914  cannabis or cannabis-infused product, any labels or containers
 2915  for cannabis, or paraphernalia.
 2916         (3)The department may conduct an investigation of an
 2917  applicant, application, dispensing organization, principal
 2918  officer, dispensary agent, third party vendor, or other party
 2919  associated with a dispensing organization for an alleged
 2920  violation of this chapter or rules or to determine
 2921  qualifications to be granted a registration by the department.
 2922         (4)The department may require an applicant or holder of
 2923  any license issued pursuant to this chapter to produce
 2924  documents, records, or any other material pertinent to the
 2925  investigation of an application or alleged violations of this
 2926  chapter or rules. Failure to provide the required material may
 2927  be grounds for denial or discipline.
 2928         (5)Every person charged with preparing, obtaining, or
 2929  keeping records, logs, reports, or other documents in connection
 2930  with this chapter and rules and every person in charge, or
 2931  having custody, of those documents shall, upon request by the
 2932  department, make the documents immediately available for
 2933  inspection and copying by the department, the department’s
 2934  authorized representative, or others authorized by law to review
 2935  the documents.
 2936         566.2065Citations.The department may issue
 2937  nondisciplinary citations for minor violations. Any such
 2938  citation issued by the department may be accompanied by a fee.
 2939  The fee shall not exceed $20,000 per violation. The citation
 2940  shall be issued to the licensee and shall contain the licensee’s
 2941  name and address, the licensee’s license number, a brief factual
 2942  statement, the sections of the law allegedly violated, and the
 2943  fee, if any, imposed. The citation must clearly state that the
 2944  licensee may choose, in lieu of accepting the citation, to
 2945  request a hearing. If the licensee does not dispute the matter
 2946  in the citation with the department within 30 days after the
 2947  citation is served, then the citation shall become final and not
 2948  subject to appeal. The penalty shall be a fee or other
 2949  conditions as established by rule.
 2950         566.2068Grounds for discipline.—
 2951         (1)The department may deny issuance, refuse to renew or
 2952  restore, or reprimand, place on probation, suspend, revoke, or
 2953  take other disciplinary or nondisciplinary action against any
 2954  license or agent identification card or may impose a fine for
 2955  any of the following:
 2956         (a)Material misstatement in furnishing information to the
 2957  department.
 2958         (b)Violations of this chapter or rules.
 2959         (c)Obtaining an authorization or license by fraud or
 2960  misrepresentation.
 2961         (d)A pattern of conduct that demonstrates incompetence or
 2962  that the applicant has engaged in conduct or actions that would
 2963  constitute grounds for discipline under this chapter.
 2964         (e)Aiding or assisting another person in violating any
 2965  provision of this chapter or rules.
 2966         (f)Failing to respond to a written request for information
 2967  by the department within 30 days.
 2968         (g)Engaging in unprofessional, dishonorable, or unethical
 2969  conduct of a character likely to deceive, defraud, or harm the
 2970  public.
 2971         (h)Adverse action by another United States jurisdiction or
 2972  foreign nation.
 2973         (i)A finding by the department that the licensee, after
 2974  having his or her license placed on suspended or probationary
 2975  status, has violated the terms of the suspension or probation.
 2976         (j)Conviction, entry of a plea of guilty or nolo
 2977  contendere, or the equivalent in a state or federal court of a
 2978  principal officer or agent-in-charge of a felony offense.
 2979         (k)Excessive use or addiction to alcohol, narcotics,
 2980  stimulants, or any other chemical agent or drug.
 2981         (l)A finding by the department of a discrepancy in a
 2982  department audit of cannabis.
 2983         (m)A finding by the department of a discrepancy in a
 2984  department audit of capital or funds.
 2985         (n)A finding by the department of acceptance of cannabis
 2986  from a source other than an adult use cultivation center, craft
 2987  grower, infuser, or transporting organization licensed by the
 2988  department, or a dispensing organization licensed by the
 2989  department.
 2990         (o)An inability to operate using reasonable judgment,
 2991  skill, or safety due to physical or mental illness or other
 2992  impairment or disability, including, without limitation,
 2993  deterioration through the aging process or loss of motor skills
 2994  or mental incompetence.
 2995         (p)Failing to report to the department within the time
 2996  frames established, or, if not identified, 14 days, after any
 2997  adverse action taken against the dispensing organization or an
 2998  agent by a licensing jurisdiction in any state or any territory
 2999  of the United States or any foreign jurisdiction, any
 3000  governmental agency, any law enforcement agency, or any court.
 3001         (q)Any violation of the dispensing organization’s policies
 3002  and procedures submitted to the department annually as a
 3003  condition for licensure.
 3004         (r)Failure to inform the department of any change of
 3005  address within 10 business days.
 3006         (s)Disclosing customer names, personal information, or
 3007  protected health information in violation of any state or
 3008  federal law.
 3009         (t)Operating a dispensary before obtaining a license from
 3010  the department.
 3011         (u)Performing duties authorized by this chapter before
 3012  receiving a license to perform such duties.
 3013         (v)Dispensing cannabis when prohibited by this chapter or
 3014  rules.
 3015         (w)Any fact or condition that, if it had existed at the
 3016  time of the original application for the license, would have
 3017  warranted the denial of the license.
 3018         (x)Permitting a person without a valid agent
 3019  identification card to perform licensed activities under this
 3020  chapter.
 3021         (y)Failure to assign an agent-in-charge as required by
 3022  this chapter.
 3023         (z)Failure to provide the responsible vendor training
 3024  required by s. 566.2033(9)(c) within the provided timeframe.
 3025         (aa)Personnel insufficient in number or unqualified in
 3026  training or experience to properly operate the dispensary
 3027  business.
 3028         (bb)Any pattern of activity that causes a harmful impact
 3029  on the community.
 3030         (cc)Failing to prevent diversion, theft, or loss of
 3031  cannabis.
 3032         (2)All fines and fees imposed under this section shall be
 3033  paid within 60 days after the effective date of the order
 3034  imposing the fine or as otherwise specified in the order.
 3035         (3)A circuit court order establishing that an agent-in
 3036  charge or principal officer holding an agent identification card
 3037  is subject to involuntary admission shall operate as a
 3038  suspension of that card.
 3039         566.2069Temporary suspension.—
 3040         (1)The department may temporarily suspend a dispensing
 3041  organization license or an agent registration without a hearing
 3042  if the department finds that public safety or welfare requires
 3043  emergency action. The department shall cause the temporary
 3044  suspension by issuing a suspension notice in connection with the
 3045  institution of proceedings for a hearing.
 3046         (2)If the department temporarily suspends a license or
 3047  agent registration without a hearing, the licensee or agent is
 3048  entitled to a hearing within 45 days after the suspension notice
 3049  has been issued. The hearing shall be limited to the issues
 3050  cited in the suspension notice, unless all parties agree
 3051  otherwise.
 3052         (3)If the department does not hold a hearing with 45 days
 3053  after the date the suspension notice was issued, the suspended
 3054  license or registration shall be automatically reinstated and
 3055  the suspension vacated.
 3056         (4)The suspended licensee or agent may seek a continuance
 3057  of the hearing date, during which time the suspension remains in
 3058  effect and the license or registration shall not be
 3059  automatically reinstated.
 3060         (5)Subsequently discovered causes of action by the
 3061  department after the issuance of the suspension notice may be
 3062  filed as a separate notice of violation. The department is not
 3063  precluded from filing a separate action against the suspended
 3064  licensee or agent.
 3065         566.20695Consent to administrative supervision order.—In
 3066  appropriate cases, the department may resolve a complaint
 3067  against a licensee or agent through the issuance of a consent
 3068  order for administrative supervision. A license or agent subject
 3069  to a consent order shall be considered by the department to hold
 3070  a license or registration in good standing.
 3071         566.2072Notice; hearing.—
 3072         (1)The department shall, before disciplining an applicant
 3073  or licensee, at least 30 days before the date set for the
 3074  hearing:
 3075         (a)Notify the accused in writing of the charges made and
 3076  the time and place for the hearing on the charges.
 3077         (b)Direct him or her to file a written answer to the
 3078  charges under oath within 20 days after service.
 3079         (c)Inform the applicant or licensee that failure to answer
 3080  will result in a default being entered against the applicant or
 3081  licensee.
 3082         (2)At the time and place fixed in the notice, the hearing
 3083  officer appointed by the department shall proceed to hear the
 3084  charges, and the parties or their counsel shall be accorded
 3085  ample opportunity to present any pertinent statements,
 3086  testimony, evidence, and arguments. The hearing officer may
 3087  continue the hearing from time to time. In case the person,
 3088  after receiving the notice, fails to file an answer, his or her
 3089  license may, in the discretion of the department, having first
 3090  received the recommendation of the hearing officer, be
 3091  suspended, revoked, or placed on probationary status, or be
 3092  subject to whatever disciplinary action the department considers
 3093  proper, including a fine, without hearing, if the act or acts
 3094  charged constitute sufficient grounds for that action under this
 3095  chapter.
 3096         (3)The written notice and any notice in the subsequent
 3097  proceeding may be served by regular mail or e-mail to the
 3098  licensee’s or applicant’s address of record.
 3099         566.2073Subpoenas; oaths.—The department may subpoena and
 3100  bring before it any person and take testimony either orally or
 3101  by deposition, or both, with the same fees and mileage and in
 3102  the same manner as prescribed by law in judicial proceedings in
 3103  civil cases in courts in this state. The department or the
 3104  hearing officer shall each have the power to administer oaths to
 3105  witnesses at any hearings that the department is authorized to
 3106  conduct.
 3107         566.2074Hearing; motion for rehearing.—
 3108         (1)The hearing officer shall hear evidence in support of
 3109  the formal charges and evidence produced by the licensee. At the
 3110  conclusion of the hearing, the hearing officer shall present to
 3111  the department a written report of his or her findings of fact,
 3112  conclusions of law, and recommendations.
 3113         (2)At the conclusion of the hearing, a copy of the hearing
 3114  officer’s report shall be served upon the applicant or licensee
 3115  by the department, either personally or as provided in this
 3116  chapter for the service of a notice of hearing. Within 20
 3117  calendar days after service, the applicant or licensee may
 3118  present in writing to the department a motion for rehearing,
 3119  which must specify the particular grounds for rehearing. The
 3120  department may respond to the motion for rehearing within 20
 3121  calendar days after its service on the department. If a motion
 3122  for rehearing is not filed, upon the expiration of the time
 3123  specified for filing such motion or upon denial of a motion for
 3124  rehearing, the department may enter an order in accordance with
 3125  the recommendation of the hearing officer. If the applicant or
 3126  licensee orders from the reporting service and pays for a
 3127  transcript of the record within the time for filing a motion for
 3128  rehearing, the 20-day period within which a motion may be filed
 3129  commences upon the delivery of the transcript to the applicant
 3130  or licensee.
 3131         (3)If the department disagrees with any aspect of the
 3132  report of the hearing officer, the department may issue an order
 3133  contrary to the report.
 3134         (4)Whenever the department is not satisfied that
 3135  substantial justice has been done, the department may order a
 3136  rehearing by the same or another hearing officer.
 3137         (5)At any point in an investigation or a disciplinary
 3138  proceeding under in this chapter, both parties may agree to a
 3139  negotiated consent order. The consent order must be final upon
 3140  signature of the secretary.
 3141         566.301Issuance of adult use cultivation center licenses.
 3142  On or after July 1, 2021, the department by rule may:
 3143         (1)Modify or change the number of cultivation center
 3144  licenses available, which at no time may exceed 30 cultivation
 3145  center licenses. In determining whether to exercise the
 3146  authority granted under this subsection, the department must
 3147  consider all of the following factors:
 3148         (a)The percentage of cannabis sales occurring in this
 3149  state using the best available data to ascertain total cannabis
 3150  consumption in this state compared to the amount of sales in
 3151  licensed dispensing organizations.
 3152         (b)Whether there is an adequate supply of cannabis and
 3153  cannabis-infused products to serve registered qualified
 3154  patients.
 3155         (c)Whether there is an adequate supply of cannabis and
 3156  cannabis-infused products to serve purchasers.
 3157         (d)Whether there is an oversupply of cannabis in this
 3158  state leading to trafficking of cannabis to any other state.
 3159         (e)Population increases or shifts.
 3160         (f)Changes to federal law.
 3161         (g)The past security records of cultivation centers.
 3162         (h)The department’s capacity to appropriately regulate
 3163  additional licensees.
 3164         (i)Any other criteria the department deems relevant.
 3165         (2)Modify or change the licensing application process to
 3166  reduce or eliminate the barriers to entry and remedy evidence of
 3167  discrimination.
 3168         566.3011Early approval of adult use cultivation center
 3169  license.—
 3170         (1)Any medical marijuana treatment center licensed and in
 3171  good standing as of the effective date of this act may, within
 3172  60 days of the effective date of this act, but no later than 180
 3173  days from the effective date of this act, apply to the
 3174  department for an early approval adult use cultivation center
 3175  license to produce cannabis and cannabis-infused products at its
 3176  existing facilities as of the effective date of this act.
 3177         (2)A medical marijuana treatment center seeking issuance
 3178  of an early approval adult use cultivation center license shall
 3179  submit an application on forms provided by the department. The
 3180  application must meet the following requirements and include the
 3181  following information, as applicable:
 3182         (a)Payment of a nonrefundable application fee as provided
 3183  in s. 566.801 to be deposited into the Alcoholic Beverage,
 3184  Marijuana, and Tobacco Trust Fund.
 3185         (b)Proof of registration as a medical marijuana treatment
 3186  center that is in good standing.
 3187         (c)Submission of the application by the same person or
 3188  entity that holds the medical marijuana treatment center
 3189  registration.
 3190         (d)Certification that the applicant will comply with the
 3191  requirements of s. 566.3016.
 3192         (e)The legal name of the cultivation center.
 3193         (f)The physical address of the cultivation center.
 3194         (g)The name, address, social security number, and date of
 3195  birth of each principal officer and board member of the
 3196  cultivation center, each of whom must be at least 21 years of
 3197  age.
 3198         (h)Payment of the nonrefundable cannabis business
 3199  development fee as provided in s. 566.801, to be deposited into
 3200  the Cannabis Business Development Fund.
 3201         (i)A commitment to completing one of the following social
 3202  equity inclusion plans before the expiration of the early
 3203  approval adult use cultivation center license:
 3204         1.Making a contribution as provided in s. 566.801 to one
 3205  of the following:
 3206         a.The Cannabis Business Development Fund. This is in
 3207  addition to the fee required by paragraph (h).
 3208         b.A cannabis industry training or education program at a
 3209  Florida College System institution.
 3210         c.A program that provides job training services to persons
 3211  recently incarcerated or that operates in a disproportionately
 3212  impacted area.
 3213         2.Participate as a host for at least 1 year in a cannabis
 3214  business incubator program approved by the Department of
 3215  Economic Opportunity in which an early approval adult use
 3216  cultivation center licensee agrees to provide a loan of at least
 3217  $100,000 and mentorship to incubate a licensee that qualifies as
 3218  a social equity applicant. As used in this section, the term
 3219  “incubate” means to provide direct financial assistance and
 3220  training necessary to engage in licensed cannabis industry
 3221  activity similar to that of the host licensee. The early
 3222  approval adult use cultivation center licenseholder or the same
 3223  entity holding any other licenses issued pursuant to this
 3224  chapter may not take an ownership stake of greater than 10
 3225  percent in any business receiving incubation services to comply
 3226  with this subsection. If an early approval adult use cultivation
 3227  center licensee fails to identify an incubation partner before
 3228  its early approval adult use cultivation center license expires,
 3229  the licensee may opt to meet the requirements of this paragraph
 3230  by completing another item from this subsection before the
 3231  expiration of its early approval adult use cultivation center
 3232  license to avoid a penalty.
 3233         (3)An early approval adult use cultivation center license
 3234  is valid until March 31, 2023. A cultivation center that obtains
 3235  an early approval adult use cultivation center license must be
 3236  given at least 90 days’ advance written or electronic notice of
 3237  the expiration of the license, which must inform the licensee
 3238  that it may renew its early approval adult use cultivation
 3239  center license. The department shall grant a renewal of an early
 3240  approval adult use cultivation center license within 60 days
 3241  after submission of an application if:
 3242         (a)The cultivation center submits an application and the
 3243  required renewal fee as provided in s. 566.801 for an early
 3244  approval adult use cultivation center license.
 3245         (b)The department has not suspended or revoked the license
 3246  of the cultivation center for violating this chapter or rules
 3247  adopted under this chapter.
 3248         (c)The cultivation center has complied with paragraph
 3249  (2)(i).
 3250         (d)An early approval adult use cultivation center license
 3251  renewed pursuant to this subsection expires March 31, 2022. The
 3252  early approval adult use cultivation center licensee must be
 3253  given at least 90 days’ advance written or electronic notice
 3254  that the license will expire, which must inform the licensee
 3255  that it may apply for an adult use cultivation center license.
 3256  The department shall grant an adult use dispensing organization
 3257  license within 60 days after it deems an application complete if
 3258  the applicant meets all of the criteria in s. 566.3014.
 3259         (4)The license fee imposed by s. 566.801 is in addition to
 3260  any license fee required for the renewal of a registered medical
 3261  marijuana treatment center license that expires during the
 3262  effective period of the early approval adult use cultivation
 3263  center license.
 3264         (5)Applicants must submit all required information to the
 3265  department. Failure by an applicant to submit all such
 3266  information may result in the application being disqualified.
 3267         (6)If the department receives an application that is
 3268  missing information, the department may issue a deficiency
 3269  notice to the applicant. The applicant has 10 calendar days
 3270  after the date of the deficiency notice to submit the missing
 3271  information. Applications that are still incomplete after this
 3272  opportunity to cure may be disqualified.
 3273         (7)If an applicant meets the requirements of subsection
 3274  (2), the department shall issue the early approval adult use
 3275  cultivation center license within 14 days after receiving the
 3276  application unless any of the following applies:
 3277         (a)The licensee; a principal officer, a board member, or a
 3278  person having a financial or voting interest of 5 percent or
 3279  greater in the licensee; or an agent is delinquent in filing any
 3280  required tax returns or paying any amounts owed to the state.
 3281         (b)The department determines there is reason to conclude,
 3282  based on the number of documented compliance violations, that
 3283  the licensee is not entitled to an early approval adult use
 3284  cultivation center license.
 3285         (c)The licensee fails to comply with requirements related
 3286  to the social equity inclusion plan.
 3287         (8)A cultivation center may begin producing cannabis and
 3288  cannabis-infused products once the early approval adult use
 3289  cultivation center license is approved. A cultivation center
 3290  that obtains an early approval adult use cultivation center
 3291  license may begin selling cannabis and cannabis-infused products
 3292  on December 1, 2021.
 3293         (9)An early approval adult use cultivation center licensee
 3294  must continue to produce and provide an adequate supply of
 3295  cannabis and cannabis-infused products for purchase by qualified
 3296  patients and caregivers. For the purposes of this subsection,
 3297  the term “adequate supply” means a monthly production level that
 3298  is comparable in type and quantity to those medical cannabis
 3299  products produced for patients and caregivers on an average
 3300  monthly basis for the 6 months before the effective date of this
 3301  act.
 3302         (10)If there is a shortage of cannabis or cannabis-infused
 3303  products, a licensee shall prioritize qualified patients and
 3304  caregivers under s. 316.986 over adult use purchasers.
 3305         (11)If an early approval adult use cultivation center
 3306  licensee fails to submit an application for an adult use
 3307  cultivation center license before the expiration of the early
 3308  approval adult use cultivation center license as provided in
 3309  subsection (3), the cultivation center must cease adult use
 3310  cultivation until it receives an adult use cultivation center
 3311  license.
 3312         (12)If a cultivation center licensee also holds a medical
 3313  marijuana treatment center license issued under s. 381.986, the
 3314  department may suspend or revoke the medical marijuana treatment
 3315  center license concurrently with the early approval adult use
 3316  cultivation center license.
 3317         (13) All fees or fines collected from an early approval
 3318  adult use cultivation center licensee as a result of a
 3319  disciplinary action taken in connection with the enforcement of
 3320  this chapter must be deposited into the Alcoholic Beverage,
 3321  Marijuana, and Tobacco Trust Fund.
 3322         566.3012Conditional adult use cultivation center
 3323  application.—
 3324         (1)If thedepartment makes available additional
 3325  cultivation center licenses, applicants for a conditional adult
 3326  use cultivation center license must electronically submit the
 3327  following in such form as the department may direct:
 3328         (a)The nonrefundable application fee established by
 3329  department rule, to be deposited into the Alcoholic Beverage,
 3330  Marijuana, and Tobacco Trust Fund.
 3331         (b)The legal name of the cultivation center.
 3332         (c)The proposed physical address of the cultivation
 3333  center.
 3334         (d)The name, address, social security number, and date of
 3335  birth of each principal officer and board member of the
 3336  cultivation center, each of whom must be at least 21 years of
 3337  age.
 3338         (e)The details of any administrative or judicial
 3339  proceeding in which any of the principal officers or board
 3340  members of the cultivation center pled guilty, were convicted,
 3341  were fined, or had a registration or license suspended or
 3342  revoked, or managed or served on the board of a business or
 3343  nonprofit organization that pled guilty, was convicted, was
 3344  fined, or had a registration or license suspended or revoked.
 3345         (f)Proposed operating bylaws that include procedures for
 3346  the oversight of the cultivation center, including the
 3347  development and implementation of a plant monitoring system,
 3348  accurate recordkeeping, a staffing plan, and a security plan
 3349  approved by the Department of Law Enforcement which are in
 3350  accordance with department rule. A cultivation center shall
 3351  perform a physical inventory of all plants and cannabis on a
 3352  weekly basis by the cultivation center.
 3353         (g)Verification from the Department of Law Enforcement
 3354  that all background checks of the prospective principal
 3355  officers, board members, and agents of the cannabis business
 3356  establishment have been conducted.
 3357         (h)A copy of any applicable current local zoning ordinance
 3358  or permit and verification that the proposed cultivation center
 3359  is in compliance with the local zoning rules and any distance
 3360  limitations established by the local jurisdiction.
 3361         (i)Proposed employment practices, in which the applicant
 3362  must demonstrate a plan of action to inform, hire, and educate
 3363  minorities, women, veterans, and persons with disabilities;
 3364  engage in fair labor practices; and provide worker protections.
 3365         (j)A statement as to whether an applicant can demonstrate
 3366  experience in, or business practices that promote, economic
 3367  empowerment in disproportionately impacted areas.
 3368         (k)Experience with the cultivation of agricultural or
 3369  horticultural products or operating an agricultural or
 3370  horticultural business.
 3371         (l)A description of the enclosed, locked facility where
 3372  cannabis will be grown, harvested, manufactured, processed,
 3373  packaged, or otherwise prepared for distribution to a dispensing
 3374  organization.
 3375         (m)A survey of the enclosed, locked facility, including
 3376  the space used for cultivation.
 3377         (n)Cultivation, processing, inventory, and packaging
 3378  plans.
 3379         (o)A description of the applicant’s experience with
 3380  agricultural cultivation techniques and industry standards.
 3381         (p)A list of any academic degrees, certifications, or
 3382  relevant experience of all prospective principal officers, board
 3383  members, and agents of the cultivation center.
 3384         (q)The name and address of each person having a financial
 3385  or voting interest of 5 percent or greater in the cultivation
 3386  center operation with respect to which the license is sought,
 3387  whether a trust, corporation, partnership, limited liability
 3388  company, or sole proprietorship.
 3389         (r)A plan describing how the cultivation center will
 3390  address each of the following:
 3391         1.Energy needs, including estimates of monthly electricity
 3392  and gas usage; the extent to which it will procure energy from a
 3393  local utility or from on-site generation; and if it has adopted
 3394  or will adopt a sustainable energy use and energy conservation
 3395  policy.
 3396         2.Water needs, including estimated water draw, and if it
 3397  has adopted or will adopt a sustainable water use and water
 3398  conservation policy.
 3399         3.Waste management, including if it has adopted or will
 3400  adopt a waste reduction policy.
 3401         (s)A diversity plan that includes a narrative of not more
 3402  than 2,500 words which establishes a goal of diversity in
 3403  ownership, management, employment, and contracting to ensure
 3404  that diverse participants and groups are afforded equality of
 3405  opportunity.
 3406         (t)A recycling plan that includes requirements that:
 3407         1.Purchaser packaging, including cartridges, be accepted
 3408  by the applicant and recycled.
 3409         2.Any recyclable waste generated by the cannabis
 3410  cultivation facility be recycled per applicable state and local
 3411  laws, ordinances, and rules.
 3412         3.Any cannabis waste, liquid waste, or hazardous waste be
 3413  disposed of so that, to the greatest extent feasible, all
 3414  cannabis plant waste will be rendered unusable by grinding and
 3415  incorporating the cannabis plant waste with compostable mixed
 3416  waste.
 3417         (u)A commitment to remain in compliance with applicable
 3418  state and federal environmental requirements, including:
 3419         1.Storing, securing, and managing all recyclables and
 3420  waste, including organic waste composed of or containing
 3421  finished cannabis and cannabis products, in accordance with
 3422  applicable state and local laws, ordinances, and rules.
 3423         2.Disposing liquid waste containing cannabis or byproducts
 3424  of cannabis processing in compliance with all applicable state
 3425  and federal requirements, including the cannabis cultivation
 3426  facility’s permits under the Environmental Protection Act.
 3427         (v)A commitment to a technology standard for resource
 3428  efficiency of the cultivation center facility.
 3429         1.A cannabis cultivation facility must commit to use
 3430  resources, including energy and water, efficiently. A cannabis
 3431  cultivation facility must commit to meet or exceed the
 3432  technology standard identified for the following, which may be
 3433  modified by rule:
 3434         a.Lighting systems, including light bulbs.
 3435         b.HVAC system.
 3436         c.Water application system to the crop.
 3437         d.Filtration system for removing contaminants from
 3438  wastewater.
 3439         2.The lighting power densities (LPD) for cultivation space
 3440  may not exceed an average of 36 watts per gross square foot of
 3441  active and growing space canopy, or all installed lighting
 3442  technology must meet a photosynthetic photon efficacy (PPE) of
 3443  no less than 2.2 micromoles per joule fixture and must be
 3444  included on the DesignLights Consortium (DLC) Horticultural
 3445  Specification Qualified Products List (QPL). In the event that
 3446  DLC requirement for minimum efficacy exceeds 2.2 micromoles per
 3447  joule fixture, that PPE must become the new standard.
 3448         3.a.For cannabis grow operations with less than 6,000
 3449  square feet of canopy, the licensee must commit that all HVAC
 3450  units will be high-efficiency, ductless, split HVAC units, or
 3451  other more energy efficient equipment.
 3452         b.For cannabis grow operations with 6,000 square feet of
 3453  canopy or more, the licensee must commit that all HVAC units
 3454  will be variable-refrigerant-flow HVAC units, or other more
 3455  energy efficient equipment.
 3456         4.a.The cannabis cultivation facility must commit to the
 3457  use of automated watering systems, including drip irrigation and
 3458  flood tables, to irrigate cannabis crop.
 3459         b.The cannabis cultivation facility must commit to measure
 3460  runoff from watering events and report this volume in its water
 3461  usage plan, and that on average, watering events will produce no
 3462  more than 20 percent of runoff of water.
 3463         5.The cultivator must commit that HVAC condensate,
 3464  dehumidification water, excess runoff, and other wastewater
 3465  produced by the cannabis cultivation facility will be captured
 3466  and filtered to the best of the facility’s ability to achieve
 3467  the quality needed to be reused in subsequent watering rounds.
 3468         6.The cannabis cultivation facility must commit to
 3469  reporting energy use and efficiency as required by department
 3470  rule.
 3471         (v)Any other information required by rule.
 3472         (2)Applicants must submit all required information to the
 3473  department. Failure by an applicant to submit all required
 3474  information may result in the application being disqualified.
 3475         (3)If the department receives an incomplete application,
 3476  the department may issue a deficiency notice to the applicant.
 3477  The applicant has 10 calendar days after the date of the
 3478  deficiency notice to resubmit the application to cure the
 3479  deficiency. Applications that are still incomplete after this
 3480  opportunity to cure will not be scored and must be disqualified.
 3481         (4)A cultivation center that is awarded a conditional
 3482  adult use cultivation center license may not grow, purchase,
 3483  possess, or sell cannabis or cannabis-infused products until it
 3484  has received an adult use cultivation center license issued by
 3485  the department.
 3486         566.3013Conditional adult use cultivation center license;
 3487  scoring applications.—
 3488         (1)The department shall by rule develop a system to score
 3489  cultivation center applications to administratively rank
 3490  applications based on the clarity, organization, and quality of
 3491  the applicant’s responses to required information. Applicants
 3492  shall be awarded points based on the following categories:
 3493         (a)Suitability of the proposed facility.
 3494         (b)Suitability of employee training plan.
 3495         (c)Security and recordkeeping.
 3496         (d)Cultivation plan.
 3497         (e)Product safety and labeling plan.
 3498         (f)Business plan.
 3499         (g)The applicant’s status as a social equity applicant,
 3500  which constitutes at least 20 percent of total available points.
 3501         (h)Labor and employment practices, which constitute no
 3502  less than 2 percent of total available points.
 3503         (i)Environmental plan as described in s. 566.3012(1)(u),
 3504  (v), and (w).
 3505         (j)Whether at least 51 percent of the applicant business
 3506  is owned and controlled by an individual or individuals who have
 3507  been residents of this state for the past 5 years as proved by
 3508  tax records.
 3509         (k)Whether at least 51 percent of the applicant business
 3510  is owned and controlled by an individual or individuals who meet
 3511  the qualifications of a veteran as defined s. 1.01(14).
 3512         (l)An applicant’s diversity plan that includes a narrative
 3513  of not more than 2,500 words that establishes a goal of
 3514  diversity in ownership, management, employment, and contracting
 3515  to ensure that diverse participants and groups are afforded
 3516  equality of opportunity.
 3517         (m)Any other category the department may set by rule for
 3518  points.
 3519         (2)If the department receives more than one application
 3520  for the same BLS region which receive an equal score, it may
 3521  award bonus points to applicants for their plans to engage with
 3522  the community.
 3523         (3)If an applicant is awarded a cultivation center
 3524  license, the information and plans that the applicant provided
 3525  in its application, including any plans submitted for the
 3526  acquiring of bonus points, become a mandatory condition of the
 3527  license. Any variation from or failure to perform such plans may
 3528  result in discipline, including the revocation or nonrenewal of
 3529  a license.
 3530         (4)If an applicant is awarded a cultivation center
 3531  license, it shall pay a fee as provided in s. 566.801 before
 3532  receiving the license, to be deposited into the Alcoholic
 3533  Beverage, Marijuana, and Tobacco Trust Fund.
 3534         566.3014Adult use cultivation center license.—
 3535         (1)A person or entity is eligible to receive an adult use
 3536  cultivation center license only if the person or entity has
 3537  first been awarded a conditional adult use cultivation center
 3538  license pursuant to this chapter or the person or entity has
 3539  renewed its early approval cultivation center license.
 3540         (2)The department may not issue an adult use cultivation
 3541  center license until:
 3542         (a)The department has inspected the cultivation center
 3543  site and proposed operations and verified that they are in
 3544  compliance with this chapter and local zoning laws.
 3545         (b)The conditional adult use cultivation center licensee
 3546  has paid a registration fee as provided in s. 566.801 or a
 3547  prorated amount that takes into account the period of time
 3548  between issuance of the adult use cultivation center license and
 3549  March 31 of the next even-numbered year.
 3550         (c)The conditional adult use cultivation center licensee
 3551  has met all the requirements in this chapter and department
 3552  rule.
 3553         566.3015Denial of application.—An application for a
 3554  cultivation center license must be denied if any of the
 3555  following conditions is met:
 3556         (1)The applicant failed to submit the materials
 3557  required by this chapter.
 3558         (2)The applicant, if granted a license to operate a
 3559  cultivation center, would violate local zoning rules.
 3560         (3)One or more of the prospective principal officers or
 3561  board members commits or causes a violation of s. 566.3016.
 3562         (4)One or more of the principal officers or board members
 3563  is younger than 21 years of age.
 3564         (5)The person has submitted an application for a permit
 3565  under this chapter which contains false information.
 3566         (6)The licensee, a principal officer, a board member, or a
 3567  person having a financial or voting interest of 5 percent or
 3568  greater in the licensee, or the agent, is delinquent in filing
 3569  any required tax returns or paying any amounts owed to the
 3570  state.
 3571         566.3016Cultivation center requirements;
 3572  prohibitions.—
 3573         (1)The operating documents of a cultivation center must
 3574  include procedures for the oversight of the cultivation center;
 3575  a cannabis plant monitoring system, including a physical
 3576  inventory that is recorded weekly; accurate recordkeeping; and a
 3577  staffing plan.
 3578         (2)A cultivation center shall implement a security plan
 3579  reviewed by the Department of Law Enforcement which includes
 3580  facility access controls, perimeter intrusion detection systems,
 3581  personnel identification systems, and a 24-hour surveillance
 3582  system to monitor the interior and exterior of the cultivation
 3583  center facility and which provides authorized law enforcement
 3584  officers, the department, and the Department of Health with real
 3585  time access to parts of the cultivation center where processing
 3586  takes place.
 3587         (3)All cultivation of cannabis by a cultivation center
 3588  must take place in an enclosed, locked facility at the physical
 3589  address provided to the department during the licensing process.
 3590  Access to the cultivation center location must be limited to the
 3591  agents working for the cultivation center; department staff
 3592  during the performance of inspections; Department of Health
 3593  staff during the performance of inspections; local and state law
 3594  enforcement officers or other emergency personnel; contractors
 3595  working on jobs unrelated to cannabis, such as installing or
 3596  maintaining security devices or performing electrical wiring;
 3597  transporting organization agents as provided in this chapter;
 3598  individuals in a mentoring or educational program approved by
 3599  the state; and other individuals as authorized by department
 3600  rule.
 3601         (4)A cultivation center may not sell or distribute any
 3602  cannabis or cannabis-infused products to any person other than a
 3603  dispensing organization, a craft grower, an infusing
 3604  organization, or a transporter, or as otherwise authorized by
 3605  rule.
 3606         (5)A cultivation center may not, directly or indirectly,
 3607  discriminate in price between different dispensing
 3608  organizations, craft growers, or infuser organizations that are
 3609  purchasing a like grade, strain, brand, and quality of cannabis
 3610  or cannabis-infused product. This subsection does not prevent a
 3611  cultivation center from pricing cannabis differently based on
 3612  differences in the cost of manufacturing or processing; the
 3613  quantities sold, such as through volume discounts; or the way
 3614  the products are delivered.
 3615         (6)A record of all cannabis harvested by a cultivation
 3616  center and intended for distribution to a dispensing
 3617  organization must be entered into a data collection system,
 3618  packaged and labeled as required by this chapter, and placed
 3619  into a cannabis container for transport. All cannabis harvested
 3620  by a cultivation center and intended for distribution to a craft
 3621  grower or infuser organization must be packaged in a labeled
 3622  cannabis container and entered into a data collection system
 3623  before transport.
 3624         (7)Cultivation centers are subject to random inspections
 3625  by the department, the Department of Health, local safety or
 3626  health inspectors, and the Department of Law Enforcement.
 3627         (8)A cultivation center agent shall notify local law
 3628  enforcement, the Department of Law Enforcement, and the
 3629  department within 24 hours after the discovery of any loss or
 3630  theft. Notification shall be made by telephone, by written or
 3631  electronic communication, or in person.
 3632         (9)A cultivation center shall comply with all state and
 3633  any applicable federal rules and regulations regarding the use
 3634  of pesticides on cannabis plants.
 3635         (10)A person or entity may not hold any legal, equitable,
 3636  ownership, or beneficial interest, directly or indirectly, of
 3637  more than three cultivation centers licensed under this chapter.
 3638  Further, a person or entity that is employed by, is an agent of,
 3639  has a contract to receive payment in any form from, or is a
 3640  principal officer of a cultivation center, or an entity
 3641  controlled by or affiliated with a principal officer of a
 3642  cultivation center, may not hold any legal, equitable,
 3643  ownership, or beneficial interest, directly or indirectly, in a
 3644  cultivation center which would result in the person or entity
 3645  owning or controlling more than three cultivation center
 3646  licenses in combination with any cultivation center, principal
 3647  officer of a cultivation center, or entity controlled or
 3648  affiliated with a principal officer of a cultivation center that
 3649  he, she, or it is employed by, is an agent of, or which it
 3650  manages.
 3651         (11)A cultivation center may not contain more than 210,000
 3652  square feet of canopy space for plants in the flowering stage
 3653  for cultivation of adult use cannabis as provided in this
 3654  chapter.
 3655         (12)A cultivation center may process cannabis, cannabis
 3656  concentrates, and cannabis-infused products. Cannabis
 3657  concentrate may be made with propylene glycol, glycerin, butter,
 3658  olive oil or other typical cooking fats; water, ice, or dry ice;
 3659  or butane, propane, CO2, ethanol, or isopropanol. The use of any
 3660  other solvent is expressly prohibited unless approved by the
 3661  department.
 3662         (13)Beginning July 1, 2022, a cultivation center may not
 3663  transport cannabis to a craft grower, a dispensing organization,
 3664  an infuser organization, or a laboratory licensed under this
 3665  chapter unless it has obtained a transporting organization
 3666  license.
 3667         (14)It is unlawful for any person having a cultivation
 3668  center license, or any officer, associate, member,
 3669  representative, or agent of such licensee, to offer or deliver
 3670  money, or anything else of value, directly or indirectly, to:
 3671         (a)Any person having an early approval adult use
 3672  dispensing organization license, a conditional adult use
 3673  dispensing organization license, an adult use dispensing
 3674  organization license, or a medical marijuana treatment center;
 3675         (b)Any person connected with, a family member of a person
 3676  holding a license for, or in any way representing an early
 3677  approval adult use dispensing organization license, a
 3678  conditional adult use dispensing organization license, an adult
 3679  use dispensing organization license, or a medical marijuana
 3680  treatment center;
 3681         (c)Any stockholders in any corporation engaged in the
 3682  retail sale of cannabis; or
 3683         (d)Any officer, manager, agent, or representative of the
 3684  early approval adult use dispensing organization license, a
 3685  conditional adult use dispensing organization license, an adult
 3686  use dispensing organization license, or a medical marijuana
 3687  treatment center,
 3688  
 3689  to obtain preferential placement within the dispensing
 3690  organization, including, without limitation, on shelves and in
 3691  display cases where purchasers can view products, or on the
 3692  dispensing organization’s website.
 3693         (15)A cultivation center must comply with any other
 3694  requirements or prohibitions set by administrative rule of the
 3695  department.
 3696         566.3017Cultivation center agent identification card.—
 3697         (1)The department shall:
 3698         (a)Establish by rule the information required in an
 3699  initial application or renewal application submitted under this
 3700  chapter for an agent identification card and the nonrefundable
 3701  fee that must accompany the such applications.
 3702         (b)Verify the information contained in such applications
 3703  and approve or deny an application within 30 days after
 3704  receiving it and all supporting documentation required by rule.
 3705         (c)Issue an agent identification card to a qualifying
 3706  agent within 15 business days after approving the initial
 3707  application or renewal application.
 3708         (d)Enter the license number of the cultivation center
 3709  where the agent is employed.
 3710         (e)Allow for an electronic application process and for
 3711  confirmation of submission by electronic or other means. The
 3712  department may require by rule that prospective agents file
 3713  their applications by electronic means and that notice be
 3714  provided by the department to the agents by electronic means.
 3715         (2)An agent must keep his or her identification card
 3716  visible at all times when on the property of the cultivation
 3717  center at which the agent is employed.
 3718         (3)The agent identification cards must contain the
 3719  following:
 3720         (a)The name of the cardholder.
 3721         (b)The date of issuance and expiration date of the
 3722  identification card.
 3723         (c)A random 10-digit alphanumeric identification number
 3724  containing at least 4 numbers and at least 4 letters which is
 3725  unique to the holder.
 3726         (d)A photograph of the cardholder.
 3727         (e)The legal name of the cultivation center employing
 3728  the agent.
 3729         (4)An agent identification card must be immediately
 3730  returned to the cultivation center of the agent upon termination
 3731  of his or her employment.
 3732         (5)The loss of an agent identification card by a
 3733  cultivation center agent must be reported to the Department of
 3734  Law Enforcement and the department immediately upon discovery of
 3735  the loss.
 3736         (6)The department may not issue an agent identification
 3737  card if the applicant is delinquent in filing any required tax
 3738  returns or paying any amounts owed to the state.
 3739         566.3018Cultivation center background checks.—
 3740         (1)The department shall conduct a background check through
 3741  the Department of Law Enforcement of the prospective principal
 3742  officers, board members, and agents of a cultivation center
 3743  applying for a license or an identification card under this
 3744  chapter. The Department of Law Enforcement may charge a fee as
 3745  provided in s. 943.053. In complying with this section, each
 3746  cultivation center prospective principal officer, board member,
 3747  or agent shall submit a full set of fingerprints to the
 3748  Department of Law Enforcement for the purpose of obtaining a
 3749  state and federal criminal records check. These fingerprints
 3750  shall be checked against the fingerprint records now and
 3751  hereafter, to the extent allowed by law, and filed in the
 3752  Department of Law Enforcement and Federal Bureau of
 3753  Investigation criminal history records databases. The Department
 3754  of Law Enforcement shall furnish any conviction information to
 3755  the department.
 3756         (2)When applying for the initial license or identification
 3757  card, the background checks for all prospective principal
 3758  officers, board members, and agents must be completed before
 3759  submission of the application to the licensing or issuing
 3760  agency.
 3761         566.3019Renewal of cultivation center licenses and agent
 3762  identification cards.—
 3763         (1)Cultivation center licenses and identification cards
 3764  issued under this chapter shall be renewed annually. A
 3765  cultivation center shall receive written or electronic notice 90
 3766  days before the expiration of its current license that the
 3767  license will expire. The department shall grant a renewal within
 3768  45 days of submission of a renewal application if:
 3769         (a)The cultivation center submits a renewal application
 3770  and the required nonrefundable renewal as provided in s.
 3771  566.801, or another amount as the department may set by rule
 3772  after January 1, 2023, to be deposited into the Alcoholic
 3773  Beverage, Marijuana, and Tobacco Trust Fund.
 3774         (b)The department has not suspended the license of the
 3775  cultivation center or suspended or revoked the license for
 3776  violating this chapter or rules adopted under this chapter.
 3777         (c)The cultivation center has continued to operate in
 3778  accordance with all plans submitted as part of its application
 3779  and approved by thedepartment or any amendments thereto that
 3780  have been approved by the department.
 3781         (d)The cultivation center has submitted an agent,
 3782  employee, contracting, and subcontracting diversity report as
 3783  required by the department.
 3784         (e)the cultivation center has submitted an environmental
 3785  impact report.
 3786         (2)If a cultivation center fails to renew its license
 3787  before expiration, it shall cease operations until its license
 3788  is renewed.
 3789         (3)If a cultivation center agent fails to renew his or her
 3790  identification card before its expiration, he or she shall cease
 3791  to work as an agent of the cultivation center until his or her
 3792  identification card is renewed.
 3793         (4)Any cultivation center that continues to operate, or
 3794  any cultivation center agent who continues to work as an agent,
 3795  after the applicable license or identification card has expired
 3796  without renewal is subject to the penalties provided under s.
 3797  566.4701.
 3798         566.401Craft growers.—
 3799         (1)ISSUANCE OF LICENSES.—
 3800         (a)The department shall issue up to 40 craft grower
 3801  licenses by July 1, 2022. Any person or entity awarded a license
 3802  pursuant to this subsection shall hold only one craft grower
 3803  license and may not sell that license until after December 21,
 3804  2021.
 3805         (b)By December 21, 2023, the department shall issue up to
 3806  60 additional craft grower licenses. Any person or entity
 3807  awarded a license pursuant to this paragraph may not hold more
 3808  than two craft grower licenses. The person or entity awarded a
 3809  license pursuant to this paragraph or paragraph (a) may sell its
 3810  craft grower license subject to the restrictions of this chapter
 3811  or as determined by department rule. Before issuing such
 3812  licenses, the department may adopt rules through emergency
 3813  rulemaking to modify or raise the number of craft grower
 3814  licenses assigned to each region and modify or change the
 3815  licensing application process to reduce or eliminate barriers.
 3816  In determining whether to exercise the authority granted by this
 3817  subsection, the department must consider the following factors:
 3818         1.The percentage of cannabis sales occurring in this state
 3819  not in the regulated market using the best available data to
 3820  ascertain total cannabis consumption in this state compared to
 3821  the amount of sales in licensed dispensing organizations.
 3822         2.Whether there is an adequate supply of cannabis and
 3823  cannabis-infused products to serve registered qualified
 3824  patients.
 3825         3.Whether there is an adequate supply of cannabis and
 3826  cannabis-infused products to serve purchasers.
 3827         4.Whether there is an oversupply of cannabis in this state
 3828  leading to trafficking of cannabis to states where the sale of
 3829  cannabis is not permitted by law.
 3830         5.Population increases or shifts.
 3831         6.The density of craft growers in any area of the state.
 3832         7.Perceived security risks of increasing the number or
 3833  location of craft growers.
 3834         8.The past safety record of craft growers.
 3835         9.The department’s capacity to appropriately regulate
 3836  additional licensees.
 3837         10.The reduction or elimination of any identified barriers
 3838  to entry in the cannabis industry.
 3839         11.Any other criteria the department deems relevant.
 3840         (c)After January 1, 2022, the department may by rule
 3841  modify or raise the number of craft grower licenses assigned to
 3842  each region, and modify or change the licensing application
 3843  process to reduce or eliminate barriers based on the criteria in
 3844  paragraph (b). At no time may the number of craft grower
 3845  licenses exceed 150. Any person or entity awarded a license
 3846  pursuant to this subsection shall not hold more than three craft
 3847  grower licenses. A person or entity awarded a license pursuant
 3848  to this subsection may sell its craft grower license or licenses
 3849  subject to the restrictions of this chapter or as determined by
 3850  administrative rule.
 3851         (2)APPLICATION.—
 3852         (a)When applying for a license, the applicant shall
 3853  electronically submit the following in such form as the
 3854  department may direct:
 3855         1.The nonrefundable application fee a provided in s.
 3856  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 3857  and Tobacco Trust Fund.
 3858         2.The legal name of the craft grower.
 3859         3.The proposed physical address of the craft grower.
 3860         4.The name, address, social security number, and date of
 3861  birth of each principal officer and board member of the craft
 3862  grower, each of whom must be at least 21 years of age.
 3863         5.The details of any administrative or judicial proceeding
 3864  in which any of the principal officers or board members of the
 3865  craft grower, including whether any of them:
 3866         a.Pled guilty, were convicted, were fined, or had a
 3867  registration or license suspended or revoked; or
 3868         b.Managed or served on the board of a business or
 3869  nonprofit organization that pled guilty, was convicted, was
 3870  fined, or had a registration or license suspended or revoked.
 3871         6.Proposed operating bylaws that include procedures for
 3872  the oversight of the craft grower, including the development and
 3873  implementation of a plant monitoring system, accurate
 3874  recordkeeping, staffing plan, and security plan approved by the
 3875  Department of Law Enforcement that are in accordance with the
 3876  rules issued by the department under this chapter. A physical
 3877  inventory shall be performed of all plants on a weekly basis by
 3878  the craft grower.
 3879         7.Verification from the Department of Law Enforcement that
 3880  all background checks of the prospective principal officers,
 3881  board members, and agents of the cannabis business establishment
 3882  have been conducted.
 3883         8.A copy of the current local zoning ordinance or permit
 3884  and verification that the proposed craft grower is in compliance
 3885  with the local zoning rules and distance limitations established
 3886  by the local jurisdiction.
 3887         9.Proposed employment practices, in which the applicant
 3888  must demonstrate a plan of action to inform, hire, and educate
 3889  minorities, women, veterans, and persons with disabilities,
 3890  engage in fair labor practices, and provide worker protections.
 3891         10.Whether an applicant can demonstrate experience in or
 3892  business practices that promote economic empowerment in
 3893  disproportionately impacted areas.
 3894         11.Experience with the cultivation of agricultural or
 3895  horticultural products, operating an agriculturally related
 3896  business, or operating a horticultural business.
 3897         12.A description of the enclosed, locked facility where
 3898  cannabis will be grown, harvested, manufactured, packaged, or
 3899  otherwise prepared for distribution to a dispensing organization
 3900  or other cannabis business establishment.
 3901         13.A survey of the enclosed, locked facility, including
 3902  the space used for cultivation.
 3903         14.Cultivation, processing, inventory, and packaging
 3904  plans.
 3905         15.A description of the applicant’s experience with
 3906  agricultural cultivation techniques and industry standards.
 3907         16.A list of any academic degrees, certifications, or
 3908  relevant experience of all prospective principal officers, board
 3909  members, and agents of the related business.
 3910         17.The identity of every person having a financial or
 3911  voting interest of 5 percent or greater in the craft grower
 3912  operation, whether a trust, corporation, partnership, limited
 3913  liability company, or sole proprietorship, including the name
 3914  and address of each person.
 3915         18.A plan describing how the craft grower will address
 3916  each of the following:
 3917         a.Energy needs, including estimates of monthly electricity
 3918  and gas usage, to what extent it will procure energy from a
 3919  local utility or from on-site generation, and if it has or will
 3920  adopt a sustainable energy use and energy conservation policy;
 3921  water needs, including estimated water draw and if it has or
 3922  will adopt a sustainable water use and water conservation
 3923  policy.
 3924         b.Waste management, including if it has or will adopt a
 3925  waste reduction policy.
 3926         19.A recycling plan, including provisions requiring that:
 3927         a.Purchaser packaging, including cartridges, shall be
 3928  accepted by the applicant and recycled.
 3929         b.Any recyclable waste generated by the craft grower
 3930  facility shall be recycled per applicable state and local laws,
 3931  ordinances, and rules.
 3932         c.All cannabis plant waste will be rendered unusable by
 3933  grinding and incorporating the cannabis plant waste with
 3934  compostable mixed waste to be disposed of or composted in
 3935  accordance with applicable solid waste laws.
 3936         20.A commitment to comply with local waste provisions. A
 3937  craft grower facility must remain in compliance with applicable
 3938  state and federal environmental requirements, including:
 3939         a.Storing, securing, and managing all recyclables and
 3940  waste, including organic waste composed of or containing
 3941  finished cannabis and cannabis products, in accordance with
 3942  applicable state and local laws, ordinances, and rules; and
 3943         b.Disposing of liquid waste containing cannabis or
 3944  byproducts of cannabis processing in compliance with all
 3945  applicable state and federal requirements, including, but not
 3946  limited to, the cannabis cultivation facility’s permits under
 3947  the Environmental Protection Act.
 3948         21.A commitment to a technology standard for resource
 3949  efficiency of the craft grower facility.
 3950         a.A craft grower facility commits to use resources
 3951  efficiently, including energy and water. For the following, a
 3952  cannabis cultivation facility commits to meet or exceed the
 3953  following technology standards which may be modified by rule:
 3954         (I)Lighting systems, including light bulbs.
 3955         (II)HVAC system.
 3956         (III)Water application system to the crop.
 3957         (IV)Filtration system for removing contaminants from
 3958  wastewater.
 3959         b.The Lighting Power Densities (LPD) for cultivation space
 3960  commits to not exceed an average of 36 watts per gross square
 3961  foot of active and growing space canopy, or all installed
 3962  lighting technology shall meet a photosynthetic photon efficacy
 3963  (PPE) of no less than 2.2 micromoles per joule fixture and shall
 3964  be featured on the DesignLights Consortium (DLC) Horticultural
 3965  Specification Qualified Products List (QPL). In the event that
 3966  DLC requirement for minimum efficacy exceeds 2.2 micromoles per
 3967  joule fixture, that PPE shall become the new standard.
 3968         c.(I)For cannabis grow operations with less than 6,000
 3969  square feet of canopy, the licensee commits that all HVAC units
 3970  will be high-efficiency ductless split HVAC units, or other more
 3971  energy efficient equipment.
 3972         (II)For cannabis grow operations with 6,000 square feet of
 3973  canopy or more, the licensee commits that all HVAC units will be
 3974  variable refrigerant flow HVAC units, or other more energy
 3975  efficient equipment.
 3976         d.The craft grower facility commits to use automated
 3977  watering systems, including, but not limited to, drip irrigation
 3978  and flood tables, to irrigate cannabis crop and to measure
 3979  runoff from watering events and report this volume in its water
 3980  usage plan, and that on average, watering events shall have no
 3981  more than 20 percent of runoff of water.
 3982         e.The craft grower commits that HVAC condensate,
 3983  dehumidification water, excess runoff, and other wastewater
 3984  produced by the craft grower facility shall be captured and
 3985  filtered to the best of the facility’s ability to achieve the
 3986  quality needed to be reused in subsequent watering rounds.
 3987         f.Reporting energy use and efficiency as required by rule.
 3988         22.Any other information required by department rule.
 3989         (b)Applicants must submit all required information,
 3990  including the information required in subsection (3), to the
 3991  department. Failure by an applicant to submit all required
 3992  information may result in the application being disqualified.
 3993         (c)If the department receives an application with missing
 3994  information, the department may issue a deficiency notice to the
 3995  applicant. The applicant shall have 10 calendar days after the
 3996  date of the deficiency notice to resubmit the incomplete
 3997  information. Applications that are still incomplete after this
 3998  opportunity to cure will not be scored and will be disqualified.
 3999         (3)SCORING APPLICATIONS.—
 4000         (a)The department shall by rule develop a system to score
 4001  craft grower applications to administratively rank applications
 4002  based on the clarity, organization, and quality of the
 4003  applicant’s responses to required information. Applicants shall
 4004  be awarded points based on the following categories:
 4005         1.Suitability of the proposed facility.
 4006         2.Suitability of the employee training plan.
 4007         3.Security and recordkeeping.
 4008         4.Cultivation plan.
 4009         5.Product safety and labeling plan.
 4010         6.Business plan.
 4011         7.The applicant’s status as a social equity applicant,
 4012  which shall constitute no less than 20 percent of total
 4013  available points.
 4014         8.Labor and employment practices, which shall constitute
 4015  no less than 2 percent of total available points.
 4016         9.Environmental plan as described in
 4017  subparagraphs(2)(a)18. and 19.
 4018         10.The applicant is 51 percent or more owned and
 4019  controlled by an individual or individuals who have been a
 4020  resident of this state for the past 5 years as proved by tax
 4021  records.
 4022         11.The applicant is 51 percent or more controlled and
 4023  owned by an individual or individuals who meet the
 4024  qualifications of a veteran as defined in s. 1.01(14).
 4025         12.A diversity plan that includes a narrative of not more
 4026  than 2,500 words that establishes a goal of diversity in
 4027  ownership, management, employment, and contracting to ensure
 4028  that diverse participants and groups are afforded equality of
 4029  opportunity.
 4030         13.Any other criteria the department may set by rule for
 4031  points.
 4032         (b)The department may also award up to two bonus points
 4033  for the applicant’s plan to engage with the community. The
 4034  applicant may demonstrate a desire to engage with its community
 4035  by participating in one or more of, but not limited to, the
 4036  following actions:
 4037         1.Establishment of an incubator program designed to
 4038  increase participation in the cannabis industry by persons who
 4039  would qualify as social equity applicants;
 4040         2.Providing financial assistance to substance abuse
 4041  treatment centers;
 4042         3.Educating children and teens about the potential harms
 4043  of cannabis use; or
 4044         4.Other measures demonstrating a commitment to the
 4045  applicant’s community. Bonus points will be awarded only if the
 4046  department receives applications that receive an equal score for
 4047  a particular region.
 4048         (c)Should the applicant be awarded a craft grower license,
 4049  the information and plans that an applicant provided in its
 4050  application, including any plans submitted for the acquiring of
 4051  bonus points, shall be a mandatory condition of the license. Any
 4052  variation from or failure to perform such plans may result in
 4053  discipline, including the revocation or nonrenewal of a license.
 4054         (d)Should the applicant be awarded a craft grower license,
 4055  the applicant shall pay the fee as provided in s. 566.801,
 4056  prorated, before receiving the license, to be deposited into the
 4057  Alcoholic Beverage, Marijuana, and Tobacco Trust Fund.
 4058         (4)ISSUANCE OF LICENSE TO CERTAIN PERSONS PROHIBITED.—
 4059         (a)A craft grower license issued by the department may not
 4060  be issued to a person who is licensed by any licensing authority
 4061  as a cultivation center, or to any partnership, corporation,
 4062  limited liability company, or trust or any subsidiary,
 4063  affiliate, or any other form of business enterprise having more
 4064  than 10 percent legal, equitable, or beneficial interest,
 4065  directly or indirectly, in a person licensed in this state as a
 4066  cultivation center, or to any principal officer, agent,
 4067  employee, or any other person with any form of ownership or
 4068  control over a cultivation center except for a person who owns
 4069  no more than 5 percent of the outstanding shares of a
 4070  cultivation center whose shares are publicly traded on an
 4071  exchange within the meaning of the Securities Exchange Act of
 4072  1934.
 4073         (b)A person who is licensed in this state as a craft
 4074  grower, or any partnership, corporation, limited liability
 4075  company, or trust or any subsidiary, affiliate, or agent
 4076  thereof, or any other form of business enterprise licensed in
 4077  this state as a craft grower may not have more than 10 percent
 4078  legal, equitable, or beneficial interest, directly or
 4079  indirectly, in a person licensed as a cultivation center, nor
 4080  shall any partnership, corporation, limited liability company,
 4081  or trust or any subsidiary, affiliate, or any other form of
 4082  business enterprise having any legal, equitable, or beneficial
 4083  interest, directly or indirectly, in a person licensed in this
 4084  state as a craft grower or a craft grower agent be a principal
 4085  officer, agent, employee, or human being with any form of
 4086  ownership or control over a cultivation center except for a
 4087  person who owns no more than 5 percent of the outstanding shares
 4088  of a cultivation center whose shares are publicly traded on an
 4089  exchange within the meaning of the Securities Exchange Act of
 4090  1934.
 4091         (5)DENIAL OF APPLICATION.—An application for a craft
 4092  grower license must be denied if any of the following conditions
 4093  is met:
 4094         (a) The applicant failed to submit the materials required
 4095  by this section.
 4096         (b)The applicant would not be in compliance with local
 4097  zoning rules.
 4098         (c)One or more of the prospective principal officers or
 4099  board members causes a violation of subsection (4).
 4100         (d)One or more of the principal officers or board members
 4101  is under 21 years of age.
 4102         (e)The person has submitted an application for a license
 4103  under this chapter which contains false information.
 4104         (f)The licensee; principal officer, board member, or
 4105  person having a financial or voting interest of 5 percent or
 4106  greater in the licensee; or agent is delinquent in filing any
 4107  required tax returns or paying any amounts owed to this state.
 4108         (6)CRAFT GROWER REQUIREMENTS; PROHIBITIONS.—
 4109         (a)The operating documents of a craft grower must include
 4110  procedures for the oversight of the craft grower, a cannabis
 4111  plant monitoring system including a physical inventory recorded
 4112  weekly, accurate recordkeeping, and a staffing plan.
 4113         (b)A craft grower shall implement a security plan reviewed
 4114  by the Department of Law Enforcement that includes, but is not
 4115  limited to, facility access controls, perimeter intrusion
 4116  detection systems, personnel identification systems, and a 24
 4117  hour surveillance system to monitor the interior and exterior of
 4118  the craft grower facility and that is accessible to authorized
 4119  law enforcement and the department in real time.
 4120         (c)All cultivation of cannabis by a craft grower must take
 4121  place in an enclosed, locked facility at the physical address
 4122  provided to the department during the licensing process. The
 4123  craft grower location shall be accessed only by the agents
 4124  working for the craft grower, the department staff performing
 4125  inspections, the Department of Health staff performing
 4126  inspections, state and local law enforcement or other emergency
 4127  personnel, contractors working on jobs unrelated to cannabis,
 4128  such as installing or maintaining security devices or performing
 4129  electrical wiring, transporting organization agents as provided
 4130  in this chapter, or participants in the incubator program,
 4131  individuals in a mentoring or educational program approved by
 4132  the state, or other individuals as provided by rule. However, if
 4133  a craft grower shares a premises with an infuser or dispensing
 4134  organization, agents from those other licensees may access the
 4135  craft grower portion of the premises if that is the location of
 4136  common bathrooms, lunchrooms, locker rooms, or other areas of
 4137  the building where work or cultivation of cannabis is not
 4138  performed. At no time may an infuser or dispensing organization
 4139  agent perform work at a craft grower without being a registered
 4140  agent of the craft grower.
 4141         (d)A craft grower may not sell or distribute any cannabis
 4142  to any person other than a cultivation center, a craft grower,
 4143  an infuser organization, a dispensing organization, or as
 4144  otherwise authorized by rule.
 4145         (e)A craft grower may not be located in an area zoned for
 4146  residential use.
 4147         (f)A craft grower may not either directly or indirectly
 4148  discriminate in price between different cannabis business
 4149  establishments that are purchasing a like grade, strain, brand,
 4150  and quality of cannabis or cannabis-infused product. Nothing in
 4151  this paragraph prevents a craft grower from pricing cannabis
 4152  differently based on differences in the cost of manufacturing or
 4153  processing, the quantities sold, such as volume discounts, or
 4154  the way the products are delivered.
 4155         (g)All cannabis harvested by a craft grower and intended
 4156  for distribution to a dispensing organization must be entered
 4157  into a data collection system, packaged and labeled as required
 4158  by law, and, if distribution is to a dispensing organization
 4159  that does not share a premises with the dispensing organization
 4160  receiving the cannabis, placed into a cannabis container for
 4161  transport. All cannabis harvested by a craft grower and intended
 4162  for distribution to a cultivation center, to an infuser
 4163  organization, or to a craft grower with which it does not share
 4164  a premises must be packaged in a labeled cannabis container and
 4165  entered into a data collection system before transport.
 4166         (h)Craft growers are subject to random inspections by the
 4167  department, local safety or health inspectors, and the
 4168  Department of Law Enforcement.
 4169         (i)A craft grower agent shall notify local law
 4170  enforcement, the Department of Law Enforcement, and the
 4171  department within 24 hours of the discovery of any loss or
 4172  theft. Notification shall be made by phone, in person, or
 4173  written or electronic communication.
 4174         (j)A craft grower shall comply with all state and any
 4175  applicable federal rules and regulations regarding the use of
 4176  pesticides.
 4177         (k)A craft grower or craft grower agent shall not
 4178  transport cannabis or cannabis-infused products to any other
 4179  cannabis business establishment without a transport organization
 4180  license unless:
 4181         1.If the craft grower is located in a county with a
 4182  population of 3 million or more, the cannabis business
 4183  establishment receiving the cannabis is within 2,000 feet of the
 4184  property line of the craft grower;
 4185         2.If the craft grower is located in a county with a
 4186  population of more than 700,000 but fewer than 3 million, the
 4187  cannabis business establishment receiving the cannabis is within
 4188  2 miles of the craft grower; or
 4189         3.If the craft grower is located in a county with a
 4190  population of fewer the 700,000, the cannabis business
 4191  establishment receiving the cannabis is within 15 miles of the
 4192  craft grower.
 4193         (l)A craft grower may enter into a contract with a
 4194  transporting organization to transport cannabis to a cultivation
 4195  center, a craft grower, an infuser organization, a dispensing
 4196  organization, or a laboratory.
 4197         (m)No person or entity shall hold any legal, equitable,
 4198  ownership, or beneficial interest, directly or indirectly, of
 4199  more than three craft grower licenses. Further, no person or
 4200  entity that is employed by, an agent of, or has a contract to
 4201  receive payment from or participate in the management of, a
 4202  craft grower is a principal officer of a craft grower, or entity
 4203  controlled by or affiliated with a principal officer of a craft
 4204  grower shall hold any legal, equitable, ownership, or beneficial
 4205  interest, directly or indirectly, in a craft grower license that
 4206  would result in the person or entity owning or controlling in
 4207  combination with any craft grower, principal officer of a craft
 4208  grower, or entity controlled or affiliated with a principal
 4209  officer of a craft grower by which he, she, or it is employed,
 4210  is an agent of, or participates in the management of more than
 4211  three craft grower licenses.
 4212         (n)It is unlawful for any person having a craft grower
 4213  license or any officer, associate, member, representative, or
 4214  agent of the licensee to offer or deliver money, or anything
 4215  else of value, directly or indirectly, to any person having an
 4216  early approval adult use dispensing organization license, a
 4217  conditional adult use dispensing organization license, an adult
 4218  use dispensing organization license, or a medical marijuana
 4219  treatment center, or to any person connected with or in any way
 4220  representing, or to any member of the family of, the person
 4221  holding an early approval adult use dispensing organization
 4222  license, a conditional adult use dispensing organization
 4223  license, an adult use dispensing organization license, or a
 4224  medical marijuana treatment center, or to any stockholders in
 4225  any corporation engaged in the retail sale of cannabis, or to
 4226  any officer, manager, agent, or representative of the early
 4227  approval adult use dispensing organization license, a
 4228  conditional adult use dispensing organization license, an adult
 4229  use dispensing organization license, or a medical marijuana
 4230  treatment center to obtain preferential placement within the
 4231  dispensing organization, including, without limitation, on
 4232  shelves and in display cases where purchasers can view products,
 4233  or on the dispensing organization’s website.
 4234         (o)A craft grower shall not be located within 1,500 feet
 4235  of another craft grower or a cultivation center.
 4236         (p)A graft grower may process cannabis, cannabis
 4237  concentrates, and cannabis-infused products. Cannabis
 4238  concentrate may be made with propylene glycol, glycerin, butter,
 4239  olive oil or other typical cooking fats; water, ice, or dry ice;
 4240  or butane, propane, CO2, ethanol, or isopropanol. The use of any
 4241  other solvent is expressly prohibited unless it is approved by
 4242  the department.
 4243         (q)A craft grower must comply with any other requirements
 4244  or prohibitions set by administrative rule of the department.
 4245         (7)IDENTIFICATION CARD.—
 4246         (a)The department shall:
 4247         1.Establish by rule the information required in an initial
 4248  application or renewal application for an agent identification
 4249  card submitted under this section and the nonrefundable fee to
 4250  accompany the initial application or renewal application.
 4251         2.Verify the information contained in an initial
 4252  application or renewal application for an agent identification
 4253  card submitted under this section and approve or deny an
 4254  application within 30 days after receiving a completed initial
 4255  application or renewal application and all supporting
 4256  documentation required by rule.
 4257         3.Issue an agent identification card to a qualifying agent
 4258  within 15 business days of approving the initial application or
 4259  renewal application.
 4260         4.Enter the license number of the craft grower where the
 4261  agent works, allow for an electronic initial application and
 4262  renewal application process, and provide a confirmation by
 4263  electronic or other methods that an application has been
 4264  submitted. The department may by rule require prospective agents
 4265  to file their applications by electronic means and provide
 4266  notices to the agents by electronic means.
 4267         (b)An agent must keep his or her identification card
 4268  visible at all times when on the property of a cannabis business
 4269  establishment, including the craft grower organization for which
 4270  he or she is an agent.
 4271         (c)The agent identification cards shall contain the
 4272  following:
 4273         1.The name of the cardholder.
 4274         2.The date of issuance and expiration date of the
 4275  identification card.
 4276         3.A random 10-digit alphanumeric identification number
 4277  containing at least four numbers and at least four letters that
 4278  is unique to the holder.
 4279         4.A photograph of the cardholder.
 4280         5.The legal name of the craft grower organization
 4281  employing the agent.
 4282         (d)An agent identification card shall be immediately
 4283  returned to the cannabis business establishment of the agent
 4284  upon termination of his or her employment.
 4285         (e)Any agent identification card lost by a craft grower
 4286  agent shall be reported to the Department of Law Enforcement and
 4287  the department immediately upon discovery of the loss.
 4288         (8)BACKGROUND CHECKS.—
 4289         (a)Through the Department of Law Enforcement, the
 4290  department shall conduct a background check of the prospective
 4291  principal officers, board members, and agents of a craft grower
 4292  applying for a license or identification card under this
 4293  section. The Department of Law Enforcement may charge a fee as
 4294  provided in s. 943.053. In order to carry out this section, each
 4295  craft grower organization’s prospective principal officer, board
 4296  member, or agent shall submit a full set of fingerprints to the
 4297  Department of Law Enforcement for the purpose of obtaining a
 4298  state and federal criminal records check. These fingerprints
 4299  shall be checked against the fingerprint records now and
 4300  hereafter, to the extent allowed by law, and filed in the
 4301  Department of Law Enforcement and Federal Bureau of
 4302  Investigation criminal history records databases. The Department
 4303  of Law Enforcement shall furnish, following positive
 4304  identification, all conviction information to the department.
 4305         (b)When applying for the initial license or identification
 4306  card, the background checks for all prospective principal
 4307  officers, board members, and agents shall be completed before
 4308  submitting the application to the licensing or issuing agency.
 4309         (9)RENEWAL OF LICENSES AND IDENTIFICATION CARDS.—
 4310         (a)Licenses and identification cards issued under this
 4311  section shall be renewed annually. A craft grower shall receive
 4312  written or electronic notice 90 days before the expiration of
 4313  its current license that the license will expire. The department
 4314  shall grant a renewal within 45 days of submission of a renewal
 4315  application if:
 4316         1.The craft grower submits a renewal application and the
 4317  required nonrefundable renewal fee as provided in s. 566.801.
 4318         2.The department has not suspended the license of the
 4319  craft grower or suspended or revoked the license for violating
 4320  this section or rules adopted under this section.
 4321         3.The craft grower has continued to operate in accordance
 4322  with all plans submitted as part of its application and approved
 4323  by the department or any amendments thereto that have been
 4324  approved by the department.
 4325         4.The craft grower has submitted an agent, employee,
 4326  contracting, and subcontracting diversity report as required by
 4327  the department.
 4328         5.The craft grower has submitted an environmental impact
 4329  report.
 4330         (b)If a craft grower fails to renew its license before
 4331  expiration, it shall cease operations until its license is
 4332  renewed.
 4333         (c)If a craft grower agent fails to renew his or her
 4334  identification card before its expiration, he or she shall cease
 4335  to work as an agent of the craft grower organization until his
 4336  or her identification card is renewed.
 4337         (d)Any craft grower that continues to operate, or any
 4338  craft grower agent who continues to work as an agent, after the
 4339  applicable license or identification card has expired without
 4340  renewal is subject to the penalties provided under s. 566.4701.
 4341         (e)All fees or fines collected from the renewal of a craft
 4342  grower license shall be deposited into the Alcoholic Beverage,
 4343  Marijuana, and Tobacco Trust Fund.
 4344         566.405Infuser organizations.—
 4345         (1)ISSUANCE OF LICENSES.—
 4346         (a)The department shall issue up to 40 infuser licenses
 4347  through a process provided for in this section no later than
 4348  July 1, 2022.
 4349         (b)The department shall make the application for infuser
 4350  licenses available on January 7, 2022, and on the first Friday
 4351  of every January thereafter, and shall receive such applications
 4352  by March 15, 2022, and on the second Friday of every March
 4353  thereafter.
 4354         (c)By December 21, 2023, the department may issue up to 60
 4355  additional infuser licenses. Before issuing such licenses, the
 4356  department may adopt rules through emergency rulemaking to
 4357  modify or raise the number of infuser licenses and modify or
 4358  change the licensing application process to reduce or eliminate
 4359  barriers. In determining whether to exercise the authority
 4360  granted by this subsection, the department must consider the
 4361  following factors:
 4362         1.The percentage of cannabis sales occurring in this
 4363  states not in the regulated market using the best available data
 4364  to ascertain total cannabis consumption in this state compared
 4365  to the amount of sales in licensed dispensing organizations.
 4366         2.Whether there is an adequate supply of cannabis and
 4367  cannabis-infused products to serve registered qualified
 4368  patients.
 4369         3.Whether there is an adequate supply of cannabis and
 4370  cannabis-infused products to serve purchasers.
 4371         4.Whether there is an oversupply of cannabis in this state
 4372  leading to trafficking of cannabis to states where the sale of
 4373  cannabis is not authorized by law.
 4374         5.Population increases or shifts.
 4375         6.Changes to federal law.
 4376         7.Perceived security risks of increasing the number or
 4377  location of infuser organizations.
 4378         8.The past security record of infuser organizations.
 4379         9.The department’s capacity to appropriately regulate
 4380  additional licensees.
 4381         10.The reduction or elimination of any identified barriers
 4382  to entry in the cannabis industry.
 4383         11.Any other criteria the department deems relevant.
 4384         (d)After January 1, 2022, the department may by rule
 4385  modify or raise the number of infuser licenses, and modify or
 4386  change the licensing application process to reduce or eliminate
 4387  barriers based on the criteria in paragraph (c).
 4388         (2)APPLICATION.—
 4389         (a)When applying for a license, the applicant shall
 4390  electronically submit the following in such form as the
 4391  department may direct:
 4392         1.The nonrefundable application fee as provided in s.
 4393  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 4394  and Tobacco Trust Fund.
 4395         2.The legal name of the infuser.
 4396         3.The proposed physical address of the infuser.
 4397         4.The name, address, social security number, and date of
 4398  birth of each principal officer and board member of the infuser,
 4399  each of whom must be at least 21 years of age.
 4400         5.The details of any administrative or judicial proceeding
 4401  in which any of the principal officers or board members of the
 4402  infuser:
 4403         a.Pled guilty, were convicted, were fined, or had a
 4404  registration or license suspended or revoked; or
 4405         b.Managed or served on the board of a business or
 4406  nonprofit organization that pled guilty, was convicted, was
 4407  fined, or had a registration or license suspended or revoked.
 4408         6.Proposed operating bylaws that include procedures for
 4409  the oversight of the infuser, including the development and
 4410  implementation of a plant monitoring system, accurate
 4411  recordkeeping, staffing plan, and security plan approved by the
 4412  Department of Law Enforcement that are in accordance with the
 4413  rules issued by the department under this section. A physical
 4414  inventory of all cannabis shall be performed on a weekly basis
 4415  by the infuser.
 4416         7.Verification from the Department of Law Enforcement that
 4417  all background checks of the prospective principal officers,
 4418  board members, and agents of the infuser organization have been
 4419  conducted.
 4420         8.A copy of the current local zoning ordinance and
 4421  verification that the proposed infuser is in compliance with the
 4422  local zoning rules and distance limitations established by the
 4423  local jurisdiction.
 4424         9.Proposed employment practices, in which the applicant
 4425  must demonstrate a plan of action to inform, hire, and educate
 4426  minorities, women, veterans, and persons with disabilities,
 4427  engage in fair labor practices, and provide worker protections.
 4428         10.Whether an applicant can demonstrate experience in or
 4429  business practices that promote economic empowerment in
 4430  disproportionately impacted areas.
 4431         11.Experience with infusing products with cannabis
 4432  concentrate.
 4433         12.A description of the enclosed, locked facility where
 4434  cannabis will be infused, packaged, or otherwise prepared for
 4435  distribution to a dispensing organization or other infuser.
 4436         13.Processing, inventory, and packaging plans.
 4437         14.A description of the applicant’s experience with
 4438  operating a commercial kitchen or laboratory preparing products
 4439  for human consumption.
 4440         15.A list of any academic degrees, certifications, or
 4441  relevant experience of all prospective principal officers, board
 4442  members, and agents of the related business.
 4443         16.The identity of every person having a financial or
 4444  voting interest of 5 percent or greater in the infuser operation
 4445  with respect to which the license is sought, whether a trust,
 4446  corporation, partnership, limited liability company, or sole
 4447  proprietorship, including the name and address of each person.
 4448         17.A plan describing how the infuser will address each of
 4449  the following:
 4450         a.Energy needs, including estimates of monthly electricity
 4451  and gas usage, to what extent it will procure energy from a
 4452  local utility or from on-site generation, and if it has or will
 4453  adopt a sustainable energy use and energy conservation policy.
 4454         b.Water needs, including estimated water draw, and if it
 4455  has or will adopt a sustainable water use and water conservation
 4456  policy.
 4457         c.Waste management, including adopt a waste reduction
 4458  policy.
 4459         18.A recycling plan that requires:
 4460         a.A commitment that any recyclable waste generated by the
 4461  infuser shall be recycled per applicable state and local laws,
 4462  ordinances, and rules; and
 4463         b.A commitment to comply with local waste provisions. An
 4464  infuser commits to remain in compliance with applicable state
 4465  and federal environmental requirements, including, but not
 4466  limited to, storing, securing, and managing all recyclables and
 4467  waste, including organic waste composed of or containing
 4468  finished cannabis and cannabis products, in accordance with
 4469  applicable state and local laws, ordinances, and rules.
 4470         19.Any other information required by rule.
 4471         (b)Applicants must submit all required information,
 4472  including the information required in subsection (3), to the
 4473  department. Failure by an applicant to submit all required
 4474  information may result in the application being disqualified.
 4475         (c)If the department receives an application with missing
 4476  information, the department may issue a deficiency notice to the
 4477  applicant. The applicant shall have 10 calendar days from the
 4478  date of the deficiency notice to resubmit the incomplete
 4479  information. Applications that are still incomplete after this
 4480  opportunity to cure will not be scored and will be disqualified.
 4481         (3)ISSUING LICENSES.—
 4482         (a)The department shall by rule develop a system to score
 4483  infuser applications to administratively rank applications based
 4484  on the clarity, organization, and quality of the applicant’s
 4485  responses to required information. Applicants shall be awarded
 4486  points based on the following categories:
 4487         1.Suitability of the proposed facility.
 4488         2.Suitability of the employee training plan.
 4489         3.Security and recordkeeping plan.
 4490         4.Infusing plan.
 4491         5.Product safety and labeling plan.
 4492         6.Business plan.
 4493         7.The applicant’s status as a social equity applicant,
 4494  which shall constitute no less than 20 percent of total
 4495  available points.
 4496         8.Labor and employment practices, which shall constitute
 4497  no less than 2 percent of total available points.
 4498         9.Environmental plan as described in subparagraphs
 4499  (2)(a)17. and 18.
 4500         10.The applicant is 51 percent or more owned and
 4501  controlled by an individual or individuals who have been a
 4502  resident of this state for the past 5 years as proved by tax
 4503  records.
 4504         11.The applicant is 51 percent or more controlled and
 4505  owned by an individual or individuals who meet the
 4506  qualifications of a veteran as defined in s. 1.01(14).
 4507         12.A diversity plan that includes a narrative of not more
 4508  than 2,500 words that establishes a goal of diversity in
 4509  ownership, management, employment, and contracting to ensure
 4510  that diverse participants and groups are afforded equality of
 4511  opportunity.
 4512         13.Any other criteria the department may set by rule for
 4513  points.
 4514         (b)The department may also award up to two bonus points
 4515  for the applicant’s plan to engage with the community. The
 4516  applicant may demonstrate a desire to engage with its community
 4517  by participating in one or more of, but not limited to, the
 4518  following actions:
 4519         1.Establishment of an incubator program designed to
 4520  increase participation in the cannabis industry by persons who
 4521  would qualify as social equity applicants;
 4522         2.Providing financial assistance to substance abuse
 4523  treatment centers;
 4524         3.Educating children and teens about the potential harms
 4525  of cannabis use; or
 4526         4.Other measures demonstrating a commitment to the
 4527  applicant’s community. Bonus points will only be awarded if the
 4528  department receives applications that receive an equal score for
 4529  a particular region.
 4530         (c)Should the applicant be awarded an infuser license, the
 4531  information and plans that an applicant provided in its
 4532  application, including any plans submitted for the acquiring of
 4533  bonus points, becomes a mandatory condition of the permit. Any
 4534  variation from or failure to perform such plans may result in
 4535  discipline, including the revocation or nonrenewal of a license.
 4536         (d)Should the applicant be awarded an infuser organization
 4537  license, it shall pay a fee as provided in s. 566.801 before
 4538  receiving the license, to be deposited into the Alcoholic
 4539  Beverage, Marijuana, and Tobacco Trust Fund.
 4540         (4)DENIAL OF APPLICATION.—An application for an infuser
 4541  license shall be denied if any of the following conditions are
 4542  met:
 4543         (a)The applicant failed to submit the materials required
 4544  by this section.
 4545         (b)The applicant would not be in compliance with local
 4546  zoning rules or permit requirements.
 4547         (c)One or more of the prospective principal officers or
 4548  board members causes a violation of subsection (5).
 4549         (d)One or more of the principal officers or board members
 4550  is under 21 years of age.
 4551         (e)The person has submitted an application for a license
 4552  under this chapter that contains false information.
 4553         (f)If the licensee; principal officer, board member, or
 4554  person having a financial or voting interest of 5 percent or
 4555  greater in the licensee; or agent is delinquent in filing any
 4556  required tax returns or paying any amounts owed to the state.
 4557         (5)INFUSER ORGANIZATION REQUIREMENTS; PROHIBITIONS.—
 4558         (a)The operating documents of an infuser shall include
 4559  procedures for the oversight of the infuser, an inventory
 4560  monitoring system, including a physical inventory recorded
 4561  weekly, accurate recordkeeping, and a staffing plan.
 4562         (b)An infuser shall implement a security plan reviewed by
 4563  the Department of Law Enforcement that includes, but is not
 4564  limited to, facility access controls, perimeter intrusion
 4565  detection systems, personnel identification systems, and a 24
 4566  hour surveillance system to monitor the interior and exterior of
 4567  the infuser facility and that is accessible to authorized law
 4568  enforcement, the Department of Health, and the department in
 4569  real time.
 4570         (c)All processing of cannabis by an infuser must take
 4571  place in an enclosed, locked facility at the physical address
 4572  provided to the department during the licensing process. The
 4573  infuser location shall only be accessed by the agents working
 4574  for the infuser, the department staff performing inspections,
 4575  the Department of Health staff performing inspections, state and
 4576  local law enforcement or other emergency personnel, contractors
 4577  working on jobs unrelated to cannabis, such as installing or
 4578  maintaining security devices or performing electrical wiring,
 4579  transporting organization agents as provided in this chapter,
 4580  participants in the incubator program, individuals in a
 4581  mentoring or educational program approved by the state, local
 4582  safety or health inspectors, or other individuals as provided by
 4583  rule. However, if an infuser shares a premises with a craft
 4584  grower or dispensing organization, agents from these other
 4585  licensees may access the infuser portion of the premises if that
 4586  is the location of common bathrooms, lunchrooms, locker rooms,
 4587  or other areas of the building where processing of cannabis is
 4588  not performed. At no time may a craft grower or dispensing
 4589  organization agent perform work at an infuser without being a
 4590  registered agent of the infuser.
 4591         (d)An infuser may not sell or distribute any cannabis to
 4592  any person other than a dispensing organization, or as otherwise
 4593  authorized by rule.
 4594         (e)An infuser may not either directly or indirectly
 4595  discriminate in price between different cannabis business
 4596  establishments that are purchasing a like grade, strain, brand,
 4597  and quality of cannabis or cannabis-infused product. Nothing in
 4598  this paragraph prevents an infuser from pricing cannabis
 4599  differently based on differences in the cost of manufacturing or
 4600  processing, the quantities sold, such volume discounts, or the
 4601  way the products are delivered.
 4602         (f)All cannabis infused by an infuser and intended for
 4603  distribution to a dispensing organization must be entered into a
 4604  data collection system, packaged and labeled under s. 566.4805,
 4605  and, if distribution is to a dispensing organization that does
 4606  not share a premises with the infuser, placed into a cannabis
 4607  container for transport. All cannabis produced by an infuser and
 4608  intended for distribution to a cultivation center, infuser
 4609  organization, or craft grower with which it does not share a
 4610  premises, must be packaged in a labeled cannabis container and
 4611  entered into a data collection system before transport.
 4612         (g)Infusers are subject to random inspections by the
 4613  department, the Department of Health, the Department of Law
 4614  Enforcement, and local law enforcement.
 4615         (h)An infuser agent shall notify local law enforcement,
 4616  the Department of Law Enforcement, and the department within 24
 4617  hours of the discovery of any loss or theft. Notification shall
 4618  be made by phone, in person, or by written or electronic
 4619  communication.
 4620         (i)An infuser organization may not be located in an area
 4621  zoned for residential use.
 4622         (j)An infuser or infuser agent shall not transport
 4623  cannabis or cannabis-infused products to any other cannabis
 4624  business establishment without a transport organization license
 4625  unless:
 4626         1.If the infuser is located in a county with a population
 4627  of 3 million or more, the cannabis business establishment
 4628  receiving the cannabis or cannabis-infused product is within
 4629  2,000 feet of the property line of the infuser;
 4630         2.If the infuser is located in a county with a population
 4631  of more than 700,000 but fewer than 3 million, the cannabis
 4632  business establishment receiving the cannabis or cannabis
 4633  infused product is within 2 miles of the infuser; or
 4634         3.If the infuser is located in a county with a population
 4635  of 700,000 or fewer, the cannabis business establishment
 4636  receiving the cannabis or cannabis-infused product is within 15
 4637  miles of the infuser.
 4638         (k)An infuser may enter into a contract with a
 4639  transporting organization to transport cannabis to a dispensing
 4640  organization or a laboratory.
 4641         (l)An infuser organization may share premises with a craft
 4642  grower or a dispensing organization, or both, provided each
 4643  licensee stores currency and cannabis or cannabis-infused
 4644  products in a separate secured vault to which the other licensee
 4645  does not have access or all licensees sharing a vault share more
 4646  than 50 percent of the same ownership.
 4647         (m)It is unlawful for any person or entity having an
 4648  infuser organization license or any officer, associate, member,
 4649  representative, or agent of such licensee to offer or deliver
 4650  money, or anything else of value, directly or indirectly, to any
 4651  person having an early approval adult use dispensing
 4652  organization license, a conditional adult use dispensing
 4653  organization license, an adult use dispensing organization
 4654  License, or a medical marijuana treatment center, or to any
 4655  person connected with or in any way representing, or to any
 4656  member of the family of, such person holding an early approval
 4657  adult use dispensing organization license, a conditional adult
 4658  use dispensing organization license, an adult use dispensing
 4659  organization license, or a medical marijuana treatment center,
 4660  or to any stockholders in any corporation engaged the retail
 4661  sales of cannabis, or to any officer, manager, agent, or
 4662  representative of the early approval adult use dispensing
 4663  organization license, a conditional adult use dispensing
 4664  organization license, an adult use dispensing organization
 4665  license, or a medical marijuana treatment center to obtain
 4666  preferential placement within the dispensing organization,
 4667  including, without limitation, on shelves and in display cases
 4668  where purchasers can view products, or on the dispensing
 4669  organization’s website.
 4670         (n)At no time shall an infuser organization or an infuser
 4671  agent perform the extraction of cannabis concentrate from
 4672  cannabis flower.
 4673         (6)IDENTIFICATION CARD.—
 4674         (a)The department shall:
 4675         1.Establish by rule the information required in an initial
 4676  application or renewal application for an agent identification
 4677  card submitted under this section and the nonrefundable fee to
 4678  accompany the initial application or renewal application.
 4679         2.Verify the information contained in an initial
 4680  application or renewal application for an agent identification
 4681  card submitted under this section and approve or deny an
 4682  application within 30 days after receiving a completed initial
 4683  application or renewal application and all supporting
 4684  documentation required by rule.
 4685         3.Issue an agent identification card to a qualifying agent
 4686  within 15 business days of approving the initial application or
 4687  renewal application.
 4688         4.Enter the license number of the infuser where the agent
 4689  works.
 4690         5.allow for an electronic initial application and renewal
 4691  application process, and provide a confirmation by electronic or
 4692  other methods that an application has been submitted. The
 4693  department may by rule require prospective agents to file their
 4694  applications by electronic means and provide notices to the
 4695  agents by electronic means.
 4696         (b)An agent must keep his or her identification card
 4697  visible at all times when on the property of a cannabis business
 4698  establishment including the cannabis business establishment for
 4699  which he or she is an agent.
 4700         (c)The agent identification cards shall contain the
 4701  following:
 4702         1.The name of the cardholder.
 4703         2.The date of issuance and expiration date of the
 4704  identification card.
 4705         3.A random 10-digit alphanumeric identification number
 4706  containing at least four numbers and at least four letters that
 4707  is unique to the holder.
 4708         4.A photograph of the cardholder.
 4709         5.The legal name of the infuser organization employing the
 4710  agent.
 4711         (d)An agent identification card shall be immediately
 4712  returned to the infuser organization of the agent upon
 4713  termination of his or her employment.
 4714         (e)Any agent identification card lost by a transporting
 4715  agent shall be reported to the Department of Law Enforcement and
 4716  the department immediately upon discovery of the loss.
 4717         (7)ENSURING AN ADEQUATE SUPPLY OF RAW MATERIALS.—
 4718         (a)As used in this subsection, the term “raw materials”
 4719  includes, CO2 hash oil, crude, distillate, or any other cannabis
 4720  concentrate extracted from cannabis flower by use of a solvent
 4721  or a mechanical process.
 4722         (b)The department may by rule design a method for
 4723  assessing whether licensed infusers have access to an adequate
 4724  supply of reasonably affordable raw materials, which may include
 4725  but not be limited to:
 4726         1.A survey of infusers.
 4727         2.A market study on the sales trends of cannabis-infused
 4728  products manufactured by infusers.
 4729         3.The costs cultivation centers and craft growers assume
 4730  for the raw materials they use in any cannabis-infused products
 4731  they manufacture.
 4732         (c)The department shall perform an assessment of whether
 4733  infusers have access to an adequate supply of reasonably
 4734  affordable raw materials beginning no sooner than January 1,
 4735  2024, and concluding no later than April 1, 2024.
 4736         (d)The department shall perform an assessment of whether
 4737  infusers have access to an adequate supply of reasonably
 4738  affordable raw materials beginning no sooner than January 1,
 4739  2023, and concluding no later than April 1, 2025.
 4740         (e)The department may by rule adopt measures to ensure
 4741  infusers have access to an adequate supply of reasonably
 4742  affordable raw materials necessary for the manufacture of
 4743  cannabis-infused products. Such measures may include, but not be
 4744  limited to, requiring cultivation centers and craft growers to
 4745  set aside a minimum amount of raw materials for the wholesale
 4746  market orenabling infusers to apply for a processor license to
 4747  extract raw materials from cannabis flower.
 4748         (f)If the department determines processor licenses may be
 4749  available to infusing organizations based upon findings made
 4750  pursuant to paragraph (e), infuser organizations may submit to
 4751  the department on forms provided by the department the following
 4752  information as part of an application to receive a processor
 4753  license:
 4754         1.Experience with the extraction, processing, or infusing
 4755  of oils similar to those derived from cannabis, or other
 4756  business practices to be performed by the infuser.
 4757         2.A description of the applicant’s experience with
 4758  manufacturing equipment and chemicals to be used in processing.
 4759         3.Expertise in relevant scientific fields.
 4760         4.A commitment that any cannabis waste, liquid waste, or
 4761  hazardous waste shall be disposed of in accordance with
 4762  applicable laws and thatall cannabis plant waste will be
 4763  rendered unusable by grinding and incorporating the cannabis
 4764  plant waste with compostable mixed waste to be disposed of or
 4765  composted in accordance with applicable laws.
 4766         5.Any other information the department deems relevant.
 4767         (g)The department may only issue an infusing organization
 4768  a processor license if, based on the information pursuant to
 4769  paragraph (f) and any other criteria set by the department,
 4770  which may include, but not be limited to, an inspection of the
 4771  site where processing would occur, the department is reasonably
 4772  certain the infusing organization will process cannabis in a
 4773  safe and compliant manner.
 4774         (8)BACKGROUND CHECKS.—
 4775         (a)Through the Department of Law Enforcement, the
 4776  department shall conduct a background check of the prospective
 4777  principal officers, board members, and agents of an infuser
 4778  applying for a license or identification card under this
 4779  section. The Department of Law Enforcement may charge a fee as
 4780  provided in s. 943.053. In order to carry out this provision,
 4781  each infuser organization’s prospective principal officer, board
 4782  member, or agent shall submit a full set of fingerprints to the
 4783  Department of Law Enforcement for the purpose of obtaining a
 4784  state and federal criminal records check. These fingerprints
 4785  shall be checked against the fingerprint records now and
 4786  hereafter, to the extent allowed by law, filed in the Department
 4787  of Law Enforcement and Federal Bureau of Investigation criminal
 4788  history records databases. The Department of Law Enforcement
 4789  shall furnish, following positive identification, all conviction
 4790  information to the department.
 4791         (b)When applying for the initial license or identification
 4792  card, the background checks for all prospective principal
 4793  officers, board members, and agents shall be completed before
 4794  submitting the application to the licensing or issuing agency.
 4795         (9)RENEWAL OF LICENSES AND IDENTIFICATION CARDS.—
 4796         (a)Licenses and identification cards issued under this
 4797  section shall be renewed annually. An infuser organization shall
 4798  receive written or electronic notice 90 days before the
 4799  expiration of its current license that the license will expire.
 4800  The department shall grant a renewal within 45 days of
 4801  submission of a renewal application if:
 4802         1.The infuser organization submits a renewal application
 4803  and the required nonrefundable renewal fee as provided in s.
 4804  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 4805  and Tobacco Trust Fund.
 4806         2.The department has not suspended or revoked the license
 4807  of the infuser organization for violating this section or rules
 4808  adopted under this section.
 4809         3.The infuser organization has continued to operate in
 4810  accordance with all plans submitted as part of its application
 4811  and approved by the department or any amendments thereto that
 4812  have been approved by the department.
 4813         4.The infuser has submitted an agent, employee,
 4814  contracting, and subcontracting diversity report as required by
 4815  the department.
 4816         5.The infuser has submitted an environmental impact
 4817  report.
 4818         (b)If an infuser organization fails to renew its license
 4819  before expiration, it shall cease operations until its license
 4820  is renewed.
 4821         (c)If an infuser organization agent fails to renew his or
 4822  her identification card before its expiration, he or she shall
 4823  cease to work as an agent of the infuser organization until his
 4824  or her identification card is renewed.
 4825         (d)Any infuser organization that continues to operate, or
 4826  any infuser organization agent who continues to work as an
 4827  agent, after the applicable license or identification card has
 4828  expired without renewal is subject to the penalties provided
 4829  under subsection (5).
 4830         (e)The department may not renew a license or an agent
 4831  identification card if the applicant is delinquent in filing any
 4832  required tax returns or paying any amounts owed to the state.
 4833         566.4501Transporting organizations.—
 4834         (1)ISSUANCE OF LICENSES.—
 4835         (a)The department shall issue transporting licenses
 4836  through a process provided for in this section no later than
 4837  July 1, 2022.
 4838         (b)The department shall make the application for
 4839  transporting organization licenses available on January 7, 2022,
 4840  and shall receive such applications no later than March 15,
 4841  2022. Thereafter, the department shall make available such
 4842  applications on every January 7 thereafter, or if that date
 4843  falls on a weekend or holiday, the business day immediately
 4844  succeeding the weekend or holiday and shall receive such
 4845  applications no later than March 15 or the succeeding business
 4846  day thereafter.
 4847         (2)APPLICATION.—
 4848         (a)When applying for a transporting organization license,
 4849  the applicant shall electronically submit the following in such
 4850  form as the department may direct:
 4851         1.The nonrefundable application fee as provided in s.
 4852  566.801 to be deposited into the Alcoholic Beverage, Marijuana,
 4853  and Tobacco Trust Fund.
 4854         2.The legal name of the transporting organization.
 4855         3.The proposed physical address of the transporting
 4856  organization, if one is proposed.
 4857         4.The name, address, social security number, and date of
 4858  birth of each principal officer and board member of the
 4859  transporting organization; each principal officer and board
 4860  member shall be at least 21 years of age.
 4861         5.The details of any administrative or judicial proceeding
 4862  in which any of the principal officers or board members of the
 4863  transporting organization:
 4864         a.Pled guilty, were convicted, were fined, or had a
 4865  registration or license suspended or revoked; or
 4866         b.Managed or served on the board of a business or non
 4867  profit organization that pled guilty, was convicted, was fined,
 4868  or had a registration or license suspended or revoked.
 4869         6.Proposed operating bylaws that include procedures for
 4870  the oversight of the transporting organization, including the
 4871  development and implementation of an accurate recordkeeping
 4872  plan, staffing plan, and security plan approved by the
 4873  Department of Law Enforcement that are in accordance with the
 4874  rules issued by the department under this section; a physical
 4875  inventory shall be performed of all cannabis on a weekly basis
 4876  by the transporting organization.
 4877         7.Verification from the Department of Law Enforcement that
 4878  all background checks of the prospective principal officers,
 4879  board members, and agents of the transporting organization have
 4880  been conducted.
 4881         8.A copy of the current local zoning ordinance or permit
 4882  and verification that the proposed transporting organization is
 4883  in compliance with the local zoning rules and distance
 4884  limitations established by the local jurisdiction, if the
 4885  transporting organization has a business address.
 4886         9.Proposed employment practices, in which the applicant
 4887  must demonstrate a plan of action to inform, hire, and educate
 4888  minorities, women, veterans, and persons with disabilities,
 4889  engage in fair labor practices, and provide worker protections.
 4890         10.Whether an applicant can demonstrate experience in or
 4891  business practices that promote economic empowerment in
 4892  disproportionately impacted areas.
 4893         11.The number and types of equipment the transporting
 4894  organization will use to transport cannabis and cannabis-infused
 4895  products.
 4896         12.Loading, transporting, and unloading plans.
 4897         13.A description of the applicant’s experience in the
 4898  distribution or security business.
 4899         14.The identity of every person having a financial or
 4900  voting interest of 5 percent or more in the transporting
 4901  organization with respect to which the license is sought,
 4902  whether a trust, corporation, partnership, limited liability
 4903  company, or sole proprietorship, including the name and address
 4904  of each person.
 4905         15.Any other information required by rule.
 4906         (b)Applicants must submit all required information,
 4907  including the information required in subsection (3) to the
 4908  department. Failure by an applicant to submit all required
 4909  information may result in the application being disqualified.
 4910         (c)If the department receives an application with missing
 4911  information, the department may issue a deficiency notice to the
 4912  applicant. The applicant shall have 10 calendar days after the
 4913  date of the deficiency notice to resubmit the incomplete
 4914  information. Applications that are still incomplete after this
 4915  opportunity to cure will not be scored and will be disqualified.
 4916         (3)ISSUING LICENSES.—
 4917         (a)The department shall by rule develop a system to score
 4918  transporter applications to administratively rank applications
 4919  based on the clarity, organization, and quality of the
 4920  applicant’s responses to required information. Applicants shall
 4921  be awarded points based on the following categories:
 4922         1.Suitability of employee training plan.
 4923         2.Security and recordkeeping plan.
 4924         3.Business plan.
 4925         4.The applicant’s status as a social equity applicant,
 4926  which shall constitute no less than 20 percent of total
 4927  available points.
 4928         5.Labor and employment practices, which shall constitute
 4929  no less than 2 percent of total available points.
 4930         6.Environmental plan that demonstrates an environmental
 4931  plan of action to minimize the carbon footprint, environmental
 4932  impact, and resource needs for the transporter, which may
 4933  include, without limitation, recycling cannabis product
 4934  packaging.
 4935         7.The applicant is 51 percent or more owned and controlled
 4936  by an individual or individuals who have been residents of this
 4937  state for the past 5 years as proved by tax records.
 4938         8.The applicant is 51 percent or more controlled and owned
 4939  by an individual or individuals who meet the qualifications of a
 4940  veteran as defined in s. 1.01(14).
 4941         9.A diversity plan that includes a narrative of not more
 4942  than 2,500 words that establishes a goal of diversity in
 4943  ownership, management, employment, and contracting ensure that
 4944  diverse participants and groups are afforded equality of
 4945  opportunity.
 4946         10.Any other criteria the department may set by rule for
 4947  points.
 4948         (b)The department may also award up to 2 bonus points for
 4949  the applicant’s plan to engage with the community. The applicant
 4950  may demonstrate a desire to engage with its community by
 4951  participating in one or more of, but not limited to, the
 4952  following actions:
 4953         1.Establishment of an incubator program designed to
 4954  increase participation in the cannabis industry by persons who
 4955  would qualify as social equity applicants;
 4956         2.Providing financial assistance to substance abuse
 4957  treatment centers;
 4958         3.Educating children and teens about the potential harms
 4959  of cannabis use; or
 4960         4.Other measures demonstrating a commitment to the
 4961  applicant’s community.
 4962  
 4963  Bonus points will only be awarded if the department receives
 4964  applications that receive an equal score for a particular
 4965  region.
 4966         (c)Applicants for transportation organization licenses
 4967  that score at least 85 percent of available points according to
 4968  the system developed by rule and meet all other requirements for
 4969  a transporter license shall be issued a license by the
 4970  department within 60 days after receiving the application.
 4971  Applicants that were registered as medical marijuana treatment
 4972  centers before January 1, 2022, and who meet all other
 4973  requirements for a transporter license shall be issued a license
 4974  by the department within 60 days after receiving the
 4975  application.
 4976         (d)Should the applicant be awarded a transportation
 4977  organization license, the information and plans that an
 4978  applicant provided in its application, including any plans
 4979  submitted for the acquiring of bonus points, shall be a
 4980  mandatory condition of the permit. Any variation from or failure
 4981  to perform such plans may result in discipline, including the
 4982  revocation or nonrenewal of a license.
 4983         (e)Should the applicant be awarded a transporting
 4984  organization license, the applicant shall pay a prorated fee as
 4985  provided in s. 566.801 before receiving the license, to be
 4986  deposited into the Alcoholic Beverage, Marijuana, and Tobacco
 4987  Trust Fund.
 4988         (4)DENIAL OF APPLICATION.—An application for a
 4989  transportation organization license shall be denied if any of
 4990  the following conditions are met:
 4991         (a)The applicant failed to submit the materials required
 4992  by this section;
 4993         (b)The applicant would not be in compliance with local
 4994  zoning rules or permit requirements;
 4995         (c)One or more of the prospective principal officers or
 4996  board members causes a violation of subsection (5);
 4997         (d)One or more of the principal officers or board members
 4998  is under 21 years of age;
 4999         (e)The person has submitted an application for license
 5000  under this chapter that contains false information; or
 5001         (f)The licensee, principal officer, board member, or
 5002  person having a financial or voting interest of 5 percent or
 5003  greater in the licensee is delinquent in filing any required tax
 5004  returns or paying any amounts owed to the state.
 5005         (5)ORGANIZATION REQUIREMENTS; PROHIBITIONS.—
 5006         (a)The operating documents of a transporting organization
 5007  shall include procedures for the oversight of the transporter,
 5008  an inventory monitoring system, including a physical inventory
 5009  recorded weekly, accurate recordkeeping, and a staffing plan.
 5010         (b)A transporting organization may not transport cannabis
 5011  or cannabis-infused products to any person other than a
 5012  cultivation center, a craft grower, an infuser organization, a
 5013  dispensing organization, a testing facility, or as otherwise
 5014  authorized by rule.
 5015         (c)All cannabis transported by a transporting organization
 5016  must be entered into a data collection system and placed into a
 5017  cannabis container for transport.
 5018         (d)Transporters are subject to random inspections by the
 5019  department, the Department of Health, and the Department of Law
 5020  Enforcement.
 5021         (e)A transporting organization agent shall notify local
 5022  law enforcement, the Department of Law Enforcement, and the
 5023  department within 24 hours of the discovery of any loss or
 5024  theft. Notification shall be made by phone, in person, or by
 5025  written or electronic communication.
 5026         (f)No person under the age of 21 years shall be in a
 5027  commercial vehicle or trailer transporting cannabis goods.
 5028         (g)No person who is not a transporting organization agent
 5029  shall be in a vehicle while transporting cannabis goods.
 5030         (h)Transporters may not use commercial motor vehicles with
 5031  a weight rating of over 10,001 pounds.
 5032         (i)It is unlawful for any person to offer or deliver
 5033  money, or anything else of value, directly or indirectly, to any
 5034  of the following persons to obtain preferential placement within
 5035  the dispensing organization, including, without limitation, on
 5036  shelves and in display cases where purchasers can view products,
 5037  or on the dispensing organization’s website:
 5038         1.A person having a transporting organization license, or
 5039  any officer, associate, member, representative, or agent of the
 5040  licensee;
 5041         2.A person having an early applicant adult use dispensing
 5042  organization license, an adult use dispensing organization
 5043  license, or a medical marijuana treatment center license;
 5044         3.A person connected with or in any way representing, or a
 5045  member of the family of, a person holding an early applicant
 5046  adult use dispensing organization license, an adult use
 5047  dispensing organization license, or a medical marijuana
 5048  treatment center license; or
 5049         4.A stockholder, officer, manager, agent, or
 5050  representative of a corporation engaged in the retail sale of
 5051  cannabis, an early applicant adult use dispensing organization
 5052  license, an adult use dispensing organization license, or a
 5053  medical marijuana treatment center license.
 5054         (j)A transportation organization agent must keep his or
 5055  her identification card visible at all times when on the
 5056  property of a cannabis business establishment and during the
 5057  transportation of cannabis when acting under his or her duties
 5058  as a transportation organization agent. During these times, the
 5059  transporter organization agent must also provide the
 5060  identification card upon request of any law enforcement officer
 5061  engaged in his or her official duties.
 5062         (k)A copy of the transporting organization’s registration
 5063  and a manifest for the delivery shall be present in any vehicle
 5064  transporting cannabis.
 5065         (l)Cannabis shall be transported so it is not visible or
 5066  recognizable from outside the vehicle.
 5067         (m)A vehicle transporting cannabis must not bear any
 5068  markings to indicate the vehicle contains cannabis or bear the
 5069  name or logo of the cannabis business establishment.
 5070         (n)Cannabis must be transported in an enclosed, locked
 5071  storage compartment that is secured or affixed to the vehicle.
 5072         (o)The department may, by rule, impose any other
 5073  requirements or prohibitions on the transportation of cannabis.
 5074         (6)IDENTIFICATION CARD.—
 5075         (a)The department shall:
 5076         1.Establish by rule the information required in an initial
 5077  application or renewal application for an agent identification
 5078  card submitted under this chapter and the nonrefundable fee to
 5079  accompany the initial application or renewal application.
 5080         2.Verify the information contained in an initial
 5081  application or renewal application for an agent identification
 5082  card submitted under this section and approve or deny an
 5083  application within 30 days after receiving a completed initial
 5084  application or renewal application and all supporting
 5085  documentation required by rule.
 5086         3.Issue an agent identification card to a qualifying agent
 5087  within 15 business days of approving the initial application or
 5088  renewal application.
 5089         4.Enter the license number of the transporting
 5090  organization where the agent works.
 5091         5.Allow for an electronic initial application and renewal
 5092  application process and provide a confirmation by electronic or
 5093  other methods that an application has been submitted. The
 5094  department may by rule require prospective agents to file their
 5095  applications by electronic means and provide notices to the
 5096  agents by electronic means.
 5097         (b)An agent must keep his or her identification card
 5098  visible at all times when on the property of a cannabis business
 5099  establishment, including the cannabis business establishment for
 5100  which he or she is an agent.
 5101         (c)The agent identification cards shall contain the
 5102  following:
 5103         1.The name of the cardholder.
 5104         2.The date of issuance and expiration date of the
 5105  identification card.
 5106         3.A random 10-digit alphanumeric identification number
 5107  containing at least 4 numbers and at least 4 letters that is
 5108  unique to the holder.
 5109         4.A photograph of the cardholder.
 5110         5.The legal name of the transporter organization employing
 5111  the agent.
 5112         (d)An agent identification card shall be immediately
 5113  returned to the transporter organization of the agent upon
 5114  termination of his or her employment.
 5115         (e)Any agent identification card lost by a transporting
 5116  agent shall be reported to the Department of Law Enforcement and
 5117  the department immediately upon discovery of the loss.
 5118         (f)An application for an agent identification card shall
 5119  be denied if the applicant is delinquent in filing any required
 5120  tax returns or paying any amounts owed to this state.
 5121         (7)BACKGROUND CHECKS.—
 5122         (a)Through the Department of Law Enforcement, the
 5123  department shall conduct a background check of the prospective
 5124  principal officers, board members, and agents of a transporter
 5125  applying for a license or identification card under this
 5126  section. The Department of Law Enforcement may charge a fee as
 5127  provided in s. 943.053. In order to carry out this provision,
 5128  each transporter organization’s prospective principal officer,
 5129  board member, or agent shall submit a full set of fingerprints
 5130  to the Department of Law Enforcement for the purpose of
 5131  obtaining a state and federal criminal records check. These
 5132  fingerprints shall be checked against the fingerprint records
 5133  now and hereafter, to the extent allowed by law, filed in the
 5134  Department of Law Enforcement and Federal Bureau of
 5135  Investigation criminal history records databases. The Department
 5136  of Law Enforcement shall furnish, following positive
 5137  identification, all conviction information to the department.
 5138         (b)When applying for the initial license or identification
 5139  card, the background checks for all prospective principal
 5140  officers, board members, and agents shall be completed before
 5141  submitting the application to the department.
 5142         (8)RENEWAL OF LICENSES AND AGENT IDENTIFICATION CARDS.—
 5143         (a)Licenses and identification cards issued under this
 5144  section shall be renewed annually. A transporting organization
 5145  shall receive written or electronic notice 90 days before the
 5146  expiration of its current license that the license will expire.
 5147  The department shall grant a renewal within 45 days of
 5148  submission of a renewal application if:
 5149         1.The transporting organization submits a renewal
 5150  application and the required nonrefundable renewal fee as
 5151  provided in s. 566.801 to be deposited into the Alcoholic
 5152  Beverage, Marijuana, and Tobacco Trust Fund.
 5153         2.The department has not suspended or revoked the license
 5154  of the transporting organization for violating this chapter or
 5155  rules adopted under this chapter.
 5156         3.The transporting organization has continued to operate
 5157  in accordance with all plans submitted as part of its
 5158  application and approved by the department or any amendments
 5159  thereto that have been approved by the department.
 5160         4.The transporter has submitted an agent, employee,
 5161  contracting, and subcontracting diversity report as required by
 5162  the department.
 5163         (b)If a transporting organization fails to renew its
 5164  license before expiration, it shall cease operations until its
 5165  license is renewed.
 5166         (c)If a transporting organization agent fails to renew his
 5167  or her identification card before its expiration, he or she
 5168  shall cease to work as an agent of the transporter organization
 5169  until his or her identification card is renewed.
 5170         (d)Any transporting organization that continues to
 5171  operate, or any transporting organization agent who continues to
 5172  work as an agent, after the applicable license or identification
 5173  card has expired without renewal is subject to the penalties
 5174  provided under subsection (5).
 5175         (e)The department may not renew a license or an agent
 5176  identification card if the applicant is delinquent in filing any
 5177  required tax returns or paying any amounts owed to the state.
 5178         566.4601Cannabis testing facilities.
 5179         (1)Notwithstanding any other provision of law, the
 5180  following acts, when performed by a cannabis testing facility
 5181  with a current, valid registration, or a person 21 years of age
 5182  or older who is acting in his or her capacity as an owner,
 5183  employee, or agent of a cannabis testing facility, are not
 5184  unlawful and are not an offense under state law or a basis for
 5185  seizure or forfeiture of assets under state law:
 5186         (a)Possessing, repackaging, transporting, storing, or
 5187  displaying cannabis or cannabis-infused products.
 5188         (b)Receiving or transporting cannabis or cannabis-infused
 5189  products from a cannabis business establishment, a community
 5190  college licensed under the Florida College System Cannabis
 5191  Vocational Pilot Program, or a person 21 years of age or older.
 5192         (c)Returning or transporting cannabis or cannabis-infused
 5193  products to a cannabis business establishment, a community
 5194  college licensed under the Florida College System Cannabis
 5195  Vocational Training Pilot Program, or a person 21 years of age
 5196  or older.
 5197         (2)(a)No laboratory shall handle, test, or analyze
 5198  cannabis unless approved by the department in accordance with
 5199  this section.
 5200         (b)No laboratory shall be approved to handle, test, or
 5201  analyze cannabis unless the laboratory:
 5202         1.Is accredited by a private laboratory accrediting
 5203  organization.
 5204         2.Is independent from all other persons involved in the
 5205  cannabis industry in this state and no person with a direct or
 5206  indirect interest in the laboratory has a direct or indirect
 5207  financial, management, or other interest in a Florida
 5208  cultivation center, craft grower, dispensary, infuser,
 5209  transporter, certifying physician, or any other entity in this
 5210  state that may benefit from the production, manufacture,
 5211  dispensing, sale, purchase, or use of cannabis.
 5212         3.Has employed at least one person to oversee and be
 5213  responsible for the laboratory testing who has earned, from a
 5214  college or university accredited by a national or regional
 5215  certifying authority, at least:
 5216         a.A master’s level degree in chemical or biological
 5217  sciences and a minimum of 2 years’ post-degree laboratory
 5218  experience; or
 5219         b.A bachelor’s degree in chemical or biological sciences
 5220  and a minimum of 4 years’ post-degree laboratory experience.
 5221         4.Each independent testing laboratory that claims to be
 5222  accredited must provide the department with a copy of the most
 5223  recent annual inspection report granting accreditation and every
 5224  annual report thereafter.
 5225         (3)Immediately before manufacturing or natural processing
 5226  of any cannabis or cannabis-infused product or packaging
 5227  cannabis for sale to a dispensary, each batch shall be made
 5228  available by the cultivation center, craft grower, or infuser
 5229  for an employee of an approved laboratory to select a random
 5230  sample, which shall be tested by the approved laboratory for:
 5231         (a)Microbiological contaminants.
 5232         (b)Mycotoxins.
 5233         (c)Pesticide active ingredients.
 5234         (d)Residual solvent.
 5235         (e)An active ingredient analysis.
 5236         (4)The department may select a random sample that shall,
 5237  for the purposes of conducting an active ingredient analysis, be
 5238  tested by the department for verification of label information.
 5239         (5)A laboratory shall immediately return or dispose of any
 5240  cannabis upon the completion of any testing, use, or research.
 5241  If cannabis is disposed of, it shall be done in compliance with
 5242  department rule.
 5243         (6)If a sample of cannabis does not pass the
 5244  microbiological, mycotoxin, pesticide chemical residue, or
 5245  solvent residue test, based on the standards established by the
 5246  department, the following shall apply:
 5247         (a)If the sample failed the pesticide chemical residue
 5248  test, the entire batch from which the sample was taken shall, if
 5249  applicable, be recalled as provided by rule.
 5250         (b)If the sample failed any other test, the batch may be
 5251  used to make a CO2-based or solvent based extract. After
 5252  processing, the CO2-based or solvent based extract must still
 5253  pass all required tests.
 5254         (7)The department shall establish standards for microbial,
 5255  mycotoxin, pesticide residue, solvent residue, or other
 5256  standards for the presence of possible contaminants, in addition
 5257  to labeling requirements for contents and potency.
 5258         (8)The laboratory shall file with the department an
 5259  electronic copy of each laboratory test result for any batch
 5260  that does not pass the microbiological, mycotoxin, or pesticide
 5261  chemical residue test at the same time that it transmits those
 5262  results to the cultivation center. In addition, the laboratory
 5263  shall maintain the laboratory test results for at least 5 years
 5264  and make them available at the department’s request.
 5265         (9)A cultivation center, craft grower, and infuser shall
 5266  provide to a dispensing organization the laboratory test results
 5267  for each batch of cannabis product purchased by the dispensing
 5268  organization, if sampled. Each dispensary organization must have
 5269  those laboratory results available upon request to purchasers.
 5270         (10)The department may adopt rules related to testing in
 5271  accordance with this section.
 5272         566.4701Enforcement and immunities.
 5273         (1)Notwithstanding any other criminal penalties related to
 5274  the unlawful possession of cannabis, the department may revoke,
 5275  suspend, place on probation, reprimand, issue cease and desist
 5276  orders, refuse to issue or renew a license, or take any other
 5277  disciplinary or nondisciplinary action as each department may
 5278  deem proper with regard to a cannabis business establishment or
 5279  cannabis business establishment agent, including fines not to
 5280  exceed:
 5281         (a)By a cultivation center or cultivation center agent,
 5282  $50,000 for each violation of this chapter or rules adopted
 5283  under this chapter.
 5284         (b)By a dispensing organization or dispensing organization
 5285  agent, $10,000 for each violation of this chapter or rules
 5286  adopted thereunder.
 5287         (c)By a craft grower or craft grower agent, $15,000 for
 5288  each violation of this chapter or rules adopted thereunder.
 5289         (d)By an infuser organization or infuser organization
 5290  agent, $10,000 for each violation of this chapter or rules
 5291  adopted thereunder.
 5292         (e)By a transporting organization or transporting
 5293  organization agent, $10,000 for each violation of this chapter
 5294  or rules adopted thereunder.
 5295         (2)The department shall consider licensee cooperation in
 5296  any agency or other investigation in its determination of
 5297  penalties imposed under this section.
 5298         (3)The procedures for disciplining a cannabis business
 5299  establishment or cannabis business establishment agent and for
 5300  administrative hearings shall be determined by rule and shall
 5301  provide for the review of final decisions under chapter 120.
 5302         (4)The Attorney General may also enforce a violation of s.
 5303  566.4801 or s. 566.4805 as an unlawful practice under the
 5304  Florida Deceptive and Unfair Trade Practices Act.
 5305         (5)(a)A cultivation center, craft grower, infuser
 5306  organization, or transporting organization is not subject to
 5307  prosecution; search or inspection, except by the department, the
 5308  Department of Health, or state or local law enforcement under
 5309  this chapter; seizure; penalty in any manner, including, but not
 5310  limited to, civil penalty; denial of any right or privilege; or
 5311  disciplinary action by a business licensing board or entity for
 5312  acting under this chapter and rules adopted thereunder to
 5313  acquire, possess, cultivate, manufacture, process, deliver,
 5314  transfer, transport, supply, or sell cannabis or cannabis
 5315  paraphernalia under this chapter.
 5316         (b)A licensed cultivation center agent, licensed craft
 5317  grower agent, licensed infuser organization agent, or licensed
 5318  transporting organization agent is not subject to prosecution;
 5319  search; penalty in any manner, including, but not limited to,
 5320  civil penalty; denial of any right or privilege; or disciplinary
 5321  action by a business licensing board or entity for engaging in
 5322  cannabis-related activities authorized under this chapter and
 5323  rules adopted thereunder.
 5324         (c)A dispensing organization is not subject to
 5325  prosecution; search or inspection, except by the department or
 5326  state or local law enforcement under this chapter; seizure;
 5327  penalty in any manner, including, but not limited to, civil
 5328  penalty; denial of any right or privilege; or disciplinary
 5329  action by a business licensing board or entity for acting under
 5330  this chapter and rules adopted thereunder to acquire, possess,
 5331  or dispense cannabis, cannabis-infused products, cannabis
 5332  paraphernalia, or related supplies, and educational materials
 5333  under this chapter.
 5334         (d)A licensed dispensing organization agent is not subject
 5335  to prosecution; search; orpenalty in any manner, or denial of
 5336  any right or privilege, including civil penalty or disciplinary
 5337  action by a business licensing board or entity, for working for
 5338  a dispensing organization under this chapter and rules adopted
 5339  thereunder.
 5340         (e)Any cannabis, cannabis-infused product, cannabis
 5341  paraphernalia, legal property, or interest in legal property
 5342  that is possessed, owned, or used in connection with the use of
 5343  cannabis as allowed under this chapter, or acts incidental to
 5344  that use, may not be seized or forfeited. This chapter does not
 5345  prevent the seizure or forfeiture of cannabis exceeding the
 5346  amounts allowed under this chapter, nor does it prevent seizure
 5347  or forfeiture if the basis for the action is unrelated to the
 5348  cannabis that is possessed, manufactured, transferred, or used
 5349  under this chapter.
 5350         (f)This chapter does not preclude local or state law
 5351  enforcement agencies from searching a cultivation center, craft
 5352  grower, infuser organization, transporting organization, or
 5353  dispensing organization if there is probable cause to believe
 5354  that the criminal laws of this state have been violated and the
 5355  search is conducted in conformity with the State Constitution,
 5356  the Constitution of the United States, and applicable law.
 5357         (g)This chapter does not preclude the Attorney General or
 5358  other authorized government agency from investigating or
 5359  bringing a civil action against a cannabis business
 5360  establishment, or an agent thereof, for a violation of state law
 5361  civil rights violations and violations of the Florida Deceptive
 5362  and Unfair Trade Practices Act.
 5363         (6)Any standards, requirements, and rules regarding the
 5364  health and safety, environmental protection, testing, security,
 5365  food safety, and worker protections established by the state
 5366  shall be the minimum standards for all licensees under this
 5367  chapter statewide, where applicable. Knowing violations of any
 5368  state or local law, ordinance, or rule conferring worker
 5369  protections or legal rights on the employees of a licensee may
 5370  be grounds for disciplinary action under this chapter, in
 5371  addition to penalties established elsewhere.
 5372         566.4801Advertising and promotions.
 5373         (1)A cannabis business establishment and any other person
 5374  or entity may not engage in advertising that contains any
 5375  statement or illustration that:
 5376         (a)Is false or misleading;
 5377         (b)Promotes overconsumption of cannabis or cannabis
 5378  products;
 5379         (c)Depicts the actual consumption of cannabis or cannabis
 5380  products;
 5381         (d)Depicts a person under 21 years of age consuming
 5382  cannabis;
 5383         (e)Makes any health, medicinal, or therapeutic claims
 5384  about cannabis or cannabis-infused products;
 5385         (f)Includes the image of a cannabis leaf or bud; or
 5386         (g)Includes any image designed or likely to appeal to
 5387  minors, including cartoons, toys, animals, or children, or any
 5388  other likeness to images, characters, or phrases that is
 5389  designed in any manner to be appealing to or encourage
 5390  consumption by persons under 21 years of age.
 5391         (2)No cannabis business establishment nor any other person
 5392  or entity shall place or maintain, or cause to be placed or
 5393  maintained, an advertisement of cannabis or a cannabis-infused
 5394  product in any form or through any medium:
 5395         (a)Within 1,000 feet of the perimeter of school grounds, a
 5396  playground, a recreation center or facility, a child care
 5397  center, a public park or public library, or a game arcade to
 5398  which admission is not restricted to persons 21 years of age or
 5399  older;
 5400         (b)On or in a public transit vehicle or public transit
 5401  shelter;
 5402         (c)On or in publicly owned or publicly operated property;
 5403  or
 5404         (d)That contains information that:
 5405         1.Is false or misleading;
 5406         2.Promotes excessive consumption;
 5407         3.Depicts a person under 21 years of age consuming
 5408  cannabis;
 5409         4.Includes the image of a cannabis leaf; or
 5410         5.Includes any image designed or likely to appeal to
 5411  minors, including cartoons, toys, animals, or children, or any
 5412  other likeness to images, characters, or phrases that are
 5413  popularly used to advertise to children, or any imitation of
 5414  candy packaging or labeling, or that promotes consumption of
 5415  cannabis.
 5416         (3)Subsections (1) and (2) do not apply to an educational
 5417  message.
 5418         (4)No cannabis business establishment nor any other person
 5419  or entity may encourage the sale of cannabis or cannabis
 5420  products by giving away cannabis or cannabis products, by
 5421  conducting games or competitions related to the consumption of
 5422  cannabis or cannabis products, or by providing promotional
 5423  materials or activities of a manner or type that would be
 5424  appealing to children.
 5425         566.4805Cannabis product packaging and labeling.
 5426         (1)Each cannabis product produced for sale must be
 5427  registered with the department on forms provided by the
 5428  department. Each product registration must include a label and
 5429  the required registration fee at the rate established by the
 5430  department for a comparable medical cannabis product or as
 5431  established by rule. The registration fee is for the name of the
 5432  product offered for sale and one fee is sufficient for all
 5433  package sizes.
 5434         (2)All harvested cannabis intended for distribution to a
 5435  cannabis enterprise must be packaged in a sealed, labeled
 5436  container.
 5437         (3)Any product containing cannabis must be packaged in a
 5438  sealed, odor-proof, and child-resistant cannabis container
 5439  consistent with current standards, including the Consumer
 5440  Product Safety Commission standards referenced by the Poison
 5441  Prevention Act.
 5442         (4)All cannabis-infused products must be individually
 5443  wrapped or packaged at the original point of preparation. The
 5444  packaging of the cannabis-infused product must conform to the
 5445  labeling requirements of the Florida Drug and Cosmetic Act, in
 5446  addition to the other requirements set forth in this section.
 5447         (5)Each cannabis product must be labeled before sale and
 5448  each label must be securely affixed to the package and must
 5449  state all of the following in legible English and any other
 5450  language required by the department:
 5451         (a)The name and post office box of the registered
 5452  cultivation center or craft grower where the item was
 5453  manufactured;
 5454         (b)The common or usual name of the item and the registered
 5455  name of the cannabis product which was registered with the
 5456  department under subsection (1);
 5457         (c)A unique serial number that will match the product with
 5458  a cultivation center or craft grower batch and lot number to
 5459  facilitate any warnings or recalls the department, cultivation
 5460  center, or craft grower deems appropriate;
 5461         (d)The date of final testing and packaging, if sampled,
 5462  and the identification of the independent testing laboratory;
 5463         (e)The date of harvest and “use by” date;
 5464         (f)The quantity, in ounces or grams, of cannabis contained
 5465  in the product;
 5466         (g)A pass or fail rating based on the laboratory’s
 5467  microbiological, mycotoxins, and pesticide and solvent residue
 5468  analyses, if sampled; and
 5469         (h)1.A list of the following, including the minimum and
 5470  maximum percentage content by weight for sub-subparagraphs a.
 5471  and b.:
 5472         a.Delta-9-tetrahydrocannabinol (THC).
 5473         b.Tetrahydrocannabinolic acid (THCA).
 5474         c.Cannabidiol (CBD).
 5475         d.Cannabidiolic acid (CBDA).
 5476         e.All other ingredients of the item, including any colors,
 5477  artificial flavors, and preservatives, listed in descending
 5478  order by predominance of weight shown with common or usual
 5479  names.
 5480         2.The acceptable tolerances for the minimum percentage
 5481  printed on the label for any of sub-subparagraphs 1.a.-d. may
 5482  not be below 85 percent or above 115 percent of the labeled
 5483  amount.
 5484         (6)(a)Packaging for cannabis products may not contain
 5485  information that:
 5486         1.Is false or misleading;
 5487         2.Promotes excessive consumption;
 5488         3.Depicts a person under 21 years of age consuming
 5489  cannabis;
 5490         4.Includes the image of a cannabis leaf;
 5491         5.Includes any image designed or likely to appeal to
 5492  minors, including cartoons, toys, animals, or children, or any
 5493  other likeness to images, characters, or phrases that are
 5494  popularly used to advertise to children, or any packaging or
 5495  labeling that bears reasonable resemblance to any product
 5496  available for consumption as a commercially available candy, or
 5497  that promotes consumption of cannabis; or
 5498         6.Contains any seal, flag, crest, coat of arms, or other
 5499  insignia likely to mislead the purchaser to believe that the
 5500  product has been endorsed, made, or used by the state or any of
 5501  its representatives except if authorized by this chapter.
 5502         (b)Labeling for cannabis products produced by
 5503  concentrating or extracting ingredients from the cannabis plant
 5504  must contain the following information, as applicable:
 5505         1.If solvents were used to create the concentrate or
 5506  extract, a statement that discloses the type of extraction
 5507  method, including any solvents or gases used to create the
 5508  concentrate or extract.
 5509         2.Any other chemicals or compounds used to produce or
 5510  which were added to the concentrate or extract.
 5511         (7)All cannabis products must contain warning statements
 5512  established for purchasers, of a size that is legible and
 5513  readily visible to a consumer inspecting a package, which may
 5514  not be covered or obscured in any way. The Department of Health
 5515  shall define and update appropriate health warnings for packages
 5516  including specific labeling or warning requirements for specific
 5517  cannabis products.
 5518         (8)Unless modified by rule to strengthen or respond to new
 5519  evidence and science, the following warnings shall apply to all
 5520  cannabis products unless modified by rule: “This product
 5521  contains cannabis and is intended for use by adults age 21 and
 5522  older. Its use can impair cognition and may be habit forming.
 5523  This product should not be used by pregnant or breastfeeding
 5524  women. It is unlawful to sell or provide this item to any
 5525  individual, and it may not be transported outside the State of
 5526  Florida. It is illegal to operate a motor vehicle while under
 5527  the influence of cannabis. Possession or use of this product may
 5528  carry significant legal penalties in some jurisdictions and
 5529  under federal law.”
 5530         (9)Warnings for each of the following product types must
 5531  be present on labels if offered for sale to a purchaser:
 5532         (a)Cannabis that may be smoked must contain a statement
 5533  that “Smoking is hazardous to your health.”
 5534         (b)Cannabis-infused products, other than those intended
 5535  for topical application, must contain the following statement
 5536  “CAUTION: This product contains cannabis and intoxication
 5537  following use may be delayed by 2 or more hours. This product
 5538  was produced in a facility that cultivates cannabis and that may
 5539  also process common food allergens.”
 5540         (c)Cannabis-infused products intended for topical
 5541  application must contain the statement “DO NOT EAT” in bold,
 5542  capital letters.
 5543         (10)Each cannabis-infused product intended for consumption
 5544  must be individually packaged, must include the total milligram
 5545  content of THC and CBD, and may not include more than a total of
 5546  100 milligrams of THC per package. A package may contain
 5547  multiple servings of 10 milligrams of THC if indicated by
 5548  scoring, wrapping, or by other indicators designating individual
 5549  serving sizes. The department may change by rule the total
 5550  amount of THC allowed for each package or the total amount of
 5551  THC allowed for each serving size.
 5552         (11)An individual other than the purchaser may not alter
 5553  or destroy any labeling affixed to the primary packaging of
 5554  cannabis or cannabis-infused products.
 5555         (12)For each commercial weighing and measuring device used
 5556  at a facility, the cultivation center or craft grower must do
 5557  all of the following:
 5558         (a)Ensure that the commercial device is regularly
 5559  inspected and approved as required under chapter 531.
 5560         (b)Maintain documentation of the inspection of the
 5561  commercial device.
 5562         (c)Provide a copy of the inspection documentation for the
 5563  commercial device to the department for review upon request.
 5564         (13)It is the responsibility of the department to ensure
 5565  that packaging and labeling requirements, including product
 5566  warnings, are enforced at all times for products provided to
 5567  purchasers. Product registration requirements and container
 5568  requirements may be modified by department rule.
 5569         (14)The department may modify labeling requirements,
 5570  including for warning labels, by rule.
 5571         566.5701Local ordinances.Unless otherwise provided under
 5572  this chapter or otherwise in accordance with state law:
 5573         (1)A unit of local government may enact reasonable zoning
 5574  ordinances or resolutions, not in conflict with this chapter or
 5575  rules adopted pursuant to this chapter, regulating cannabis
 5576  business establishments. A unit of local government, including a
 5577  home rule unit or any nonhome rule county within the
 5578  unincorporated territory of the county, may not prohibit home
 5579  cultivation or unreasonably prohibit use of cannabis authorized
 5580  by this chapter.
 5581         (2)A unit of local government may enact ordinances or
 5582  rules that are not in conflict with this chapter or with rules
 5583  adopted pursuant to this chapter governing the time, place,
 5584  manner, and number of cannabis business establishment
 5585  operations, including minimum distance limitations between
 5586  cannabis business establishments and locations it deems
 5587  sensitive, such as colleges and universities, through the use of
 5588  conditional use permits. A unit of local government may
 5589  establish civil penalties for violation of an ordinance or rules
 5590  governing the time, place, and manner of operation of a cannabis
 5591  business establishment or a conditional use permit in the
 5592  jurisdiction of the unit of local government. A unit of local
 5593  government may not unreasonably restrict the time, place,
 5594  manner, and number of cannabis business establishment operations
 5595  authorized by this chapter.
 5596         (3)A unit of local government may regulate the on-premises
 5597  consumption of cannabis at or in a cannabis business
 5598  establishment within its jurisdiction in a manner consistent
 5599  with this chapter. A cannabis business establishment or other
 5600  entity authorized or permitted by a unit of local government to
 5601  allow on-site consumption is not deemed a public place within
 5602  the meaning of the Florida Clean Indoor Air Act.
 5603         (4)A unit of local government, including a home rule unit
 5604  or any nonhome rule county within the unincorporated territory
 5605  of the county, may not regulate the activities described in
 5606  subsection (1), subsection (2), or subsection (3) in a manner
 5607  more restrictive than the regulation of those activities by the
 5608  state under this chapter.
 5609         (5)A unit of local government may enact ordinances to
 5610  prohibit or significantly limit a cannabis business
 5611  establishment’s location.
 5612         566.5801Restricted cannabis zones.
 5613         (1)As used in this section, the term:
 5614         (a)“Legal voter” means a person who meets all of the
 5615  following criteria:
 5616         1.Is duly registered to vote in a city with a population
 5617  of over 500,000.
 5618         2.Whose name appears on a voter list compiled by the
 5619  county’s supervisor of elections since the last preceding
 5620  election, regardless of whether the election was a primary,
 5621  general, or special election.
 5622         3.Who, at the relevant time, is a resident of the address
 5623  at which he or she is registered to vote.
 5624         4.Whose address, at the relevant time, is located in the
 5625  precinct where such person seeks to circulate or sign a petition
 5626  under this section.
 5627         (b)“Relevant time” means any time that:
 5628         1.A notice of intent is filed pursuant to subsection (3)
 5629  to initiate the petition process under this section;
 5630         2.The petition is circulated for signature in the
 5631  applicable precinct; or
 5632         3.The petition is signed by registered voters in the
 5633  applicable precinct.
 5634         (c)“Petition” means the petition described in this
 5635  section.
 5636         (d)“Precinct” means the smallest constituent territory
 5637  within a city with a population of over 500,000 in which
 5638  electors vote as a unit at the same polling place in any
 5639  election governed by the Florida Election Code.
 5640         (e)“Restricted cannabis zone” means a precinct within
 5641  which home cultivation, one or more types of cannabis business
 5642  establishments, or both, has been prohibited pursuant to an
 5643  ordinance initiated by a petition under this section.
 5644         (2)(a)The legal voters of any precinct within a city with
 5645  a population of over 500,000 may petition their city
 5646  commissioner, using a petition form made available online by the
 5647  city clerk, to introduce an ordinance establishing the precinct
 5648  as a restricted zone. Such petition must specify whether it
 5649  seeks an ordinance to prohibit, within the precinct:
 5650         1.Home cultivation;
 5651         2.One or more types of cannabis business establishments;
 5652  or
 5653         3.Home cultivation and one or more types of cannabis
 5654  business establishments.
 5655         (b)Upon receiving a petition containing the signatures of
 5656  at least 25 percent of the registered voters of the precinct,
 5657  and concluding that the petition is legally sufficient following
 5658  the posting and review process in subsection (3), the city clerk
 5659  shall notify the city commissioner of the district in which the
 5660  precinct is located. Upon being notified, that commissioner must
 5661  assess the relevant factors within the precinct, including, but
 5662  not limited to, its geography, density, and character, the
 5663  prevalence of residentially zoned property, current licensed
 5664  cannabis business establishments in the precinct, the current
 5665  amount of home cultivation in the precinct, and the prevailing
 5666  viewpoint with regard to the issue raised in the petition. After
 5667  making such an assessment, the commissioner may introduce an
 5668  ordinance to the city’s governing body creating a restricted
 5669  cannabis zone in that precinct.
 5670         (3)A person seeking to initiate the petition process
 5671  described in this section must first submit to the city clerk
 5672  notice of intent to do so on a form made available online by the
 5673  city clerk. That notice must include a description of the
 5674  potentially affected area and the scope of the restriction
 5675  sought. The city clerk shall publicly post the submitted notice
 5676  online. To be legally sufficient, a petition must contain the
 5677  requisite number of valid signatures and all such signatures
 5678  must be obtained within 90 days after the date that the city
 5679  clerk publicly posts the notice of intent. Upon receipt, the
 5680  city clerk shall post the petition on the municipality’s website
 5681  for a 30-day comment period. The city clerk may take all
 5682  necessary and appropriate steps to verify the legal sufficiency
 5683  of a submitted petition. Following the petition review and
 5684  comment period, the city clerk shall publicly post online the
 5685  status of the petition as accepted or rejected, and if rejected,
 5686  the reasons therefor. If the city clerk rejects a petition as
 5687  legally insufficient, a minimum of 12 months must elapse from
 5688  the time the city clerk posts the rejection notice before a new
 5689  notice of intent for that same precinct may be submitted.
 5690         (4)Notwithstanding any law to the contrary, the city may
 5691  enact an ordinance creating a restricted cannabis zone. The
 5692  ordinance must:
 5693         (a)Identify the applicable precinct boundaries as of the
 5694  date of the petition;
 5695         (b)State whether the ordinance prohibits within the
 5696  defined boundaries of the precinct, and in what combination one
 5697  or more types of cannabis business establishments, or home
 5698  cultivation;
 5699         (c)Be in effect for 4 years, unless repealed earlier; and
 5700         (d)Once in effect, be subject to renewal by ordinance at
 5701  the expiration of the 4-year period without the need for another
 5702  supporting petition.
 5703         566.601Defense of state law.—The Attorney General shall to
 5704  the best of the abilities of the office and in good faith
 5705  advocate to quash any federal subpoena for records involving
 5706  marijuana establishments.
 5707         566.602Research.—Notwithstanding the provisions of this
 5708  chapter regulating the distribution of marijuana, a scientific
 5709  or medical researcher who has previously published peer-reviewed
 5710  research may purchase, possess, and securely store marijuana for
 5711  purposes of conducting research. A scientific or medical
 5712  researcher may administer and distribute marijuana to a
 5713  participant in research who is at least 21 years of age after
 5714  receiving informed consent from that participant.
 5715         566.701Construction.—
 5716         (1)EMPLOYMENT POLICIES.—This chapter does not require an
 5717  employer to permit or accommodate the use, consumption,
 5718  possession, transfer, display, transportation, sale, or growing
 5719  of marijuana in the workplace or affect the ability of employers
 5720  to have policies restricting the use of marijuana by their
 5721  employees.
 5722         (2)OPERATING UNDER THE INFLUENCE.—This chapter does not
 5723  exempt a person from the laws prohibiting operating under the
 5724  influence under chapter 316 or chapter 327.
 5725         (3)TRANSFER TO MINOR.—This chapter does not permit the
 5726  transfer of marijuana, with or without remuneration, to a minor
 5727  or to allow a minor to purchase, possess, use, transport, grow,
 5728  or consume marijuana.
 5729         (4)RESTRICTION ON USE OF PROPERTY.—This chapter does not
 5730  prohibit a person, employer, school, hospital, detention
 5731  facility, corporation, or other entity that occupies, owns, or
 5732  controls real property from prohibiting or otherwise regulating
 5733  the possession, consumption, use, display, transfer,
 5734  distribution, sale, transportation, or growing of marijuana on
 5735  or in that real property.
 5736         (5)COMPASSIONATE USE OF LOW-THC CANNABIS.—This chapter
 5737  does not apply to the compassionate use of low-THC cannabis
 5738  under s. 381.986.
 5739         566.702Rulemaking.—The division shall adopt any rules
 5740  necessary to administer and enforce the provisions of this
 5741  chapter.
 5742         566.703Good moral character.—Engaging in conduct allowed
 5743  by this chapter may not be the basis for a finding of a lack of
 5744  good moral character as that term is used in the Florida
 5745  Statutes.
 5746         566.704Penalties for violations.It is unlawful for any
 5747  person to violate any provision of this chapter, and any person
 5748  who violates any provision of this chapter for which no penalty
 5749  has been provided commits a misdemeanor of the second degree,
 5750  punishable as provided in s. 775.082 or s. 775.083. Any person
 5751  who has been convicted of a violation of any provision of this
 5752  chapter and is thereafter convicted of a second or subsequent
 5753  violation commits a felony of the third degree, punishable as
 5754  provided in s. 775.082, s. 775.083, or s. 775.084.
 5755         566.805Cannabis cultivation.—
 5756         (1)ARREST; SEARCH AND SEIZURE WITHOUT WARRANT.—Any duly
 5757  authorized employee of the department may arrest without warrant
 5758  any person committing in his or her presence a violation of this
 5759  section; may without a search warrant inspect all cannabis
 5760  located in any place of business; may seize any cannabis in the
 5761  possession of the retailer in violation of this chapter; and may
 5762  seize any cannabis on which the tax imposed by this section has
 5763  not been paid. The cannabis so seized is subject to confiscation
 5764  and forfeiture as provided in subsections (10) and (11).
 5765         (2)SEIZURE AND FORFEITURE.—After seizing any cannabis as
 5766  provided in subsection (11), the department must hold a hearing
 5767  and determine whether the retailer was properly registered to
 5768  sell the cannabis at the time of its seizure by the department.
 5769  The department shall give at least 20 days’ notice of the time
 5770  and place of the hearing to the owner of the cannabis, if the
 5771  owner is known, and also to the person in whose possession the
 5772  cannabis was found, if that person is known and if the person in
 5773  possession is not the owner of the cannabis. If neither the
 5774  owner nor the person in possession of the cannabis is known, the
 5775  department must publish the time and place of the hearing at
 5776  least once each week for 3 consecutive weeks in a newspaper of
 5777  general circulation in the county where the hearing is to be
 5778  held. If, as a result of the hearing, the department determines
 5779  that the retailer was not properly registered at the time the
 5780  cannabis was seized, the department must enter an order
 5781  declaring the cannabis confiscated and forfeited to the state,
 5782  to be held by the department for disposal by it as provided in
 5783  subsection (11). The department must give notice of the order to
 5784  the owner of the cannabis, if the owner is known, and also to
 5785  the person in whose possession the cannabis was found, if that
 5786  person is known and if the person in possession is not the owner
 5787  of the cannabis. If neither the owner nor the person in
 5788  possession of the cannabis is known, the department must publish
 5789  the order at least once each week for 3 consecutive weeks in a
 5790  newspaper of general circulation in the county where the hearing
 5791  was held in accordance with chapter 50.
 5792         (3)SEARCH WARRANT; ISSUANCE AND RETURN; PROCESS;
 5793  CONFISCATION OF CANNABIS; FORFEITURES.—
 5794         (a)If a law enforcement officer of this state or any duly
 5795  authorized officer or employee of the department has reason to
 5796  believe that any violation of this section or a rule adopted
 5797  pursuant thereto has occurred and that the person violating this
 5798  section or rule has in that person’s possession any cannabis in
 5799  violation of this section or a rule adopted pursuant thereto,
 5800  that law enforcement officer or officer or employee of the
 5801  department may file or cause to be filed his or her complaint in
 5802  writing, verified by affidavit, with any court within whose
 5803  jurisdiction the premises to be searched is situated, stating
 5804  the facts upon which the belief is founded, the premises to be
 5805  searched, and the property to be seized, and procure a search
 5806  warrant and execute that warrant. Upon the execution of the
 5807  search warrant, the law enforcement officer or officer or
 5808  employee of the department executing the search warrant shall
 5809  return the warrant to the court that issued the warrant,
 5810  together with an inventory of the property taken under the
 5811  warrant. The court must then issue process against the owner of
 5812  the property if the owner is known; otherwise, process must be
 5813  issued against the person in whose possession the property is
 5814  found, if that person is known. In case of inability to serve
 5815  process upon the owner or the person in possession of the
 5816  property at the time of its seizure, notice of the proceedings
 5817  before the court must be given in the same manner as required by
 5818  the law governing cases of attachment. Upon the return of the
 5819  process duly served or upon the posting or publishing of notice
 5820  made, as applicable, the court or jury, if a jury is demanded,
 5821  shall determine whether the property seized was held or
 5822  possessed in violation of this section or a rule adopted
 5823  pursuant thereto. If a violation is found, the court must enter
 5824  a judgment confiscating the property and forfeiting it to the
 5825  state and ordering its delivery to the department. In addition,
 5826  the court may tax and assess the costs of the proceedings.
 5827         (b)If any cannabis has been declared forfeited to the
 5828  state by the department, as provided in subsection (10) and this
 5829  section, and if all proceedings for the judicial review of the
 5830  department’s decision have concluded, the department shall, to
 5831  the extent that its decision is sustained on review, destroy or
 5832  maintain such cannabis or may use it in an undercover capacity.
 5833         (c)The department may, before any destruction of cannabis,
 5834  permit the true holder of trademark rights in the cannabis to
 5835  inspect such cannabis in order to assist the department in any
 5836  investigation regarding such cannabis.
 5837         (4)CANNABIS RETAILERS; PURCHASE AND POSSESSION OF
 5838  CANNABIS.Cannabis retailers may purchase cannabis for resale
 5839  only from cannabis business establishments as authorized by this
 5840  chapter.
 5841         Section 5. Paragraph (p) of subsection (1) of section
 5842  500.03, Florida Statutes, is amended to read:
 5843         500.03 Definitions; construction; applicability.—
 5844         (1) For the purpose of this chapter, the term:
 5845         (p) “Food establishment” means a factory, food outlet, or
 5846  other facility manufacturing, processing, packing, holding, or
 5847  preparing food or selling food at wholesale or retail. The term
 5848  does not include a business or activity that is regulated under
 5849  s. 413.051, s. 500.80, chapter 509, or chapter 601. The term
 5850  includes a retail marijuana store that sells food containing
 5851  marijuana pursuant to chapter 566. The term includes tomato
 5852  packinghouses and repackers but does not include any other
 5853  establishments that pack fruits and vegetables in their raw or
 5854  natural states, including those fruits or vegetables that are
 5855  washed, colored, or otherwise treated in their unpeeled, natural
 5856  form before they are marketed.
 5857         Section 6. Section 500.105, Florida Statutes, is created to
 5858  read:
 5859         500.105Retail marijuana store food products containing
 5860  marijuana.—Food products containing marijuana which are prepared
 5861  in a food establishment that holds a permit under s. 500.12, if
 5862  required, and which are sold by a retail marijuana store
 5863  licensed under chapter 566 are not considered adulterated under
 5864  this chapter due to the presence of marijuana.
 5865         Section 7. Subsection (1) of section 562.13, Florida
 5866  Statutes, is amended to read:
 5867         562.13 Employment of minors or certain other persons by
 5868  certain vendors prohibited; exceptions.—
 5869         (1) Unless otherwise provided in this section, it is
 5870  unlawful for any vendor licensed under the Beverage Law or a
 5871  licensee under chapter 566 to employ any person under 18 years
 5872  of age.
 5873         Section 8. Subsection (1) of section 569.0073, Florida
 5874  Statutes, is amended to read:
 5875         569.0073 Special provisions; smoking pipes and smoking
 5876  devices.—
 5877         (1) It is unlawful for any person to offer for sale at
 5878  retail any of the items listed in subsection (2) unless such
 5879  person:
 5880         (a) Has a retail tobacco products dealer permit under s.
 5881  569.003 or is a marijuana establishment licensed under s.
 5882  566.036. The provisions of this chapter apply to any person that
 5883  offers for retail sale any of the items listed in subsection
 5884  (2); and
 5885         (b)1. Derives at least 75 percent of its annual gross
 5886  revenues from the retail sale of cigarettes, cigars, and other
 5887  tobacco products or marijuana products sold in compliance with
 5888  chapter 566; or
 5889         2. Derives no more than 25 percent of its annual gross
 5890  revenues from the retail sale of the items listed in subsection
 5891  (2).
 5892         Section 9. Paragraph (c) of subsection (1) of section
 5893  893.03, Florida Statutes, is amended to read:
 5894         893.03 Standards and schedules.—The substances enumerated
 5895  in this section are controlled by this chapter. The controlled
 5896  substances listed or to be listed in Schedules I, II, III, IV,
 5897  and V are included by whatever official, common, usual,
 5898  chemical, trade name, or class designated. The provisions of
 5899  this section shall not be construed to include within any of the
 5900  schedules contained in this section any excluded drugs listed
 5901  within the purview of 21 C.F.R. s. 1308.22, styled “Excluded
 5902  Substances”; 21 C.F.R. s. 1308.24, styled “Exempt Chemical
 5903  Preparations”; 21 C.F.R. s. 1308.32, styled “Exempted
 5904  Prescription Products”; or 21 C.F.R. s. 1308.34, styled “Exempt
 5905  Anabolic Steroid Products.”
 5906         (1) SCHEDULE I.—A substance in Schedule I has a high
 5907  potential for abuse and has no currently accepted medical use in
 5908  treatment in the United States and in its use under medical
 5909  supervision does not meet accepted safety standards. The
 5910  following substances are controlled in Schedule I:
 5911         (c) Unless specifically excepted or unless listed in
 5912  another schedule, any material, compound, mixture, or
 5913  preparation that contains any quantity of the following
 5914  hallucinogenic substances or that contains any of their salts,
 5915  isomers, including optical, positional, or geometric isomers,
 5916  homologues, nitrogen-heterocyclic analogs, esters, ethers, and
 5917  salts of isomers, homologues, nitrogen-heterocyclic analogs,
 5918  esters, or ethers, if the existence of such salts, isomers, and
 5919  salts of isomers is possible within the specific chemical
 5920  designation or class description:
 5921         1. Alpha-Ethyltryptamine.
 5922         2. 4-Methylaminorex (2-Amino-4-methyl-5-phenyl-2
 5923  oxazoline).
 5924         3. Aminorex (2-Amino-5-phenyl-2-oxazoline).
 5925         4. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 5926         5. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 5927         6. Bufotenine.
 5928         7.Cannabis.
 5929         7.8. Cathinone.
 5930         8.9. DET (Diethyltryptamine).
 5931         9.10. 2,5-Dimethoxyamphetamine.
 5932         10.11. DOET (4-Ethyl-2,5-Dimethoxyamphetamine).
 5933         11.12. DMT (Dimethyltryptamine).
 5934         12.13. PCE (N-Ethyl-1-phenylcyclohexylamine) (Ethylamine
 5935  analog of phencyclidine).
 5936         13.14. JB-318 (N-Ethyl-3-piperidyl benzilate).
 5937         14.15. N-Ethylamphetamine.
 5938         15.16. Fenethylline.
 5939         16.17. 3,4-Methylenedioxy-N-hydroxyamphetamine.
 5940         17.18. Ibogaine.
 5941         18.19. LSD (Lysergic acid diethylamide).
 5942         19.20. Mescaline.
 5943         20.21. Methcathinone.
 5944         21.22. 5-Methoxy-3,4-methylenedioxyamphetamine.
 5945         22.23. PMA (4-Methoxyamphetamine).
 5946         23.24. PMMA (4-Methoxymethamphetamine).
 5947         24.25. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 5948         25.26. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 5949         26.27. MDA (3,4-Methylenedioxyamphetamine).
 5950         27.28. JB-336 (N-Methyl-3-piperidyl benzilate).
 5951         28.29. N,N-Dimethylamphetamine.
 5952         29.30. Parahexyl.
 5953         30.31. Peyote.
 5954         31.32. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)
 5955  (Pyrrolidine analog of phencyclidine).
 5956         32.33. Psilocybin.
 5957         33.34. Psilocyn.
 5958         34.35.Salvia divinorum, except for any drug product
 5959  approved by the United States Food and Drug Administration which
 5960  contains Salvia divinorum or its isomers, esters, ethers, salts,
 5961  and salts of isomers, esters, and ethers, if the existence of
 5962  such isomers, esters, ethers, and salts is possible within the
 5963  specific chemical designation.
 5964         35.36. Salvinorin A, except for any drug product approved
 5965  by the United States Food and Drug Administration which contains
 5966  Salvinorin A or its isomers, esters, ethers, salts, and salts of
 5967  isomers, esters, and ethers, if the existence of such isomers,
 5968  esters, ethers, and salts is possible within the specific
 5969  chemical designation.
 5970         36.37. Xylazine.
 5971         37.38. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)
 5972  (Thiophene analog of phencyclidine).
 5973         38.39. 3,4,5-Trimethoxyamphetamine.
 5974         39.40. Methylone (3,4-Methylenedioxymethcathinone).
 5975         40.41. MDPV (3,4-Methylenedioxypyrovalerone).
 5976         41.42. Methylmethcathinone.
 5977         42.43. Methoxymethcathinone.
 5978         43.44. Fluoromethcathinone.
 5979         44.45. Methylethcathinone.
 5980         45.46. CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan
 5981  2-yl)phenol) and its dimethyloctyl (C8) homologue.
 5982         46.47. HU-210 [(6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 5983  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 5984  ol].
 5985         47.48. JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
 5986         48.49. JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
 5987         49.50. JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
 5988  naphthoyl)indole).
 5989         50.51. BZP (Benzylpiperazine).
 5990         51.52. Fluorophenylpiperazine.
 5991         52.53. Methylphenylpiperazine.
 5992         53.54. Chlorophenylpiperazine.
 5993         54.55. Methoxyphenylpiperazine.
 5994         55.56. DBZP (1,4-Dibenzylpiperazine).
 5995         56.57. TFMPP (Trifluoromethylphenylpiperazine).
 5996         57.58. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 5997  Methylenedioxy-N-methylbutanamine).
 5998         58.59. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 5999         59.60. 5-Hydroxy-N-methyltryptamine.
 6000         60.61. 5-MeO-MiPT (5-Methoxy-N-methyl-N
 6001  isopropyltryptamine).
 6002         61.62. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 6003         62.63. Methyltryptamine.
 6004         63.64. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 6005         64.65. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 6006         65.66. Tyramine (4-Hydroxyphenethylamine).
 6007         66.67. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 6008         67.68. DiPT (N,N-Diisopropyltryptamine).
 6009         68.69. DPT (N,N-Dipropyltryptamine).
 6010         69.70. 4-Hydroxy-DiPT (4-Hydroxy-N,N
 6011  diisopropyltryptamine).
 6012         70.71. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 6013         71.72. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 6014         72.73. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 6015         73.74. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 6016         74.75. 2C-T-4 (4-Isopropylthio-2,5
 6017  dimethoxyphenethylamine).
 6018         75.76. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 6019         76.77. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 6020         77.78. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 6021         78.79. 2C-T-7 (4-(n)-Propylthio-2,5
 6022  dimethoxyphenethylamine).
 6023         79.80. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 6024         80.81. Butylone (3,4-Methylenedioxy-alpha
 6025  methylaminobutyrophenone).
 6026         81.82. Ethcathinone.
 6027         82.83. Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 6028         83.84. Naphyrone (Naphthylpyrovalerone).
 6029         84.85. Dimethylone (3,4-Methylenedioxy-N,N
 6030  dimethylcathinone).
 6031         85.86. 3,4-Methylenedioxy-N,N-diethylcathinone.
 6032         86.87. 3,4-Methylenedioxy-propiophenone.
 6033         87.88. 3,4-Methylenedioxy-alpha-bromopropiophenone.
 6034         88.89. 3,4-Methylenedioxy-propiophenone-2-oxime.
 6035         89.90. 3,4-Methylenedioxy-N-acetylcathinone.
 6036         90.91. 3,4-Methylenedioxy-N-acetylmethcathinone.
 6037         91.92. 3,4-Methylenedioxy-N-acetylethcathinone.
 6038         92.93. Bromomethcathinone.
 6039         93.94. Buphedrone (alpha-Methylamino-butyrophenone).
 6040         94.95. Eutylone (3,4-Methylenedioxy-alpha
 6041  ethylaminobutyrophenone).
 6042         95.96. Dimethylcathinone.
 6043         96.97. Dimethylmethcathinone.
 6044         97.98. Pentylone (3,4-Methylenedioxy-alpha
 6045  methylaminovalerophenone).
 6046         98.99. MDPPP (3,4-Methylenedioxy-alpha
 6047  pyrrolidinopropiophenone).
 6048         99.100. MDPBP (3,4-Methylenedioxy-alpha
 6049  pyrrolidinobutyrophenone).
 6050         100.101. MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 6051         101.102. MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 6052         102.103. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 6053  (Benocyclidine).
 6054         103.104. F-MABP (Fluoromethylaminobutyrophenone).
 6055         104.105. MeO-PBP (Methoxypyrrolidinobutyrophenone).
 6056         105.106. Et-PBP (Ethylpyrrolidinobutyrophenone).
 6057         106.107. 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 6058         107.108. Me-EABP (Methylethylaminobutyrophenone).
 6059         108.109. Etizolam.
 6060         109.110. PPP (Pyrrolidinopropiophenone).
 6061         110.111. PBP (Pyrrolidinobutyrophenone).
 6062         111.112. PVP (Pyrrolidinovalerophenone) or
 6063  (Pyrrolidinopentiophenone).
 6064         112.113. MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 6065         113.114. JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
 6066         114.115. JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
 6067         115.116. JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
 6068         116.117. JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
 6069         117.118. JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
 6070         118.119. JWH-081 (1-Pentyl-3-(4-methoxy-1
 6071  naphthoyl)indole).
 6072         119.120. JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
 6073         120.121. JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2
 6074  methylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6075         121.122. JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
 6076         122.123. JWH-201 (1-Pentyl-3-(4
 6077  methoxyphenylacetyl)indole).
 6078         123.124. JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
 6079         124.125. JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
 6080         125.126. JWH-250 (1-Pentyl-3-(2
 6081  methoxyphenylacetyl)indole).
 6082         126.127. JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
 6083         127.128. JWH-302 (1-Pentyl-3-(3
 6084  methoxyphenylacetyl)indole).
 6085         128.129. JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
 6086         129.130. HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl
 6087  3-(2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6088  ol).
 6089         130.131. HU-308 ([(1R,2R,5R)-2-[2,6-Dimethoxy-4-(2
 6090  methyloctan-2-yl)phenyl]-7,7-dimethyl-4-bicyclo[3.1.1]hept-3
 6091  enyl] methanol).
 6092         131.132. HU-331 (3-Hydroxy-2-[(1R,6R)-3-methyl-6-(1
 6093  methylethenyl)-2-cyclohexen-1-yl]-5-pentyl-2,5-cyclohexadiene
 6094  1,4-dione).
 6095         132.133. CB-13 (4-Pentyloxy-1-(1-naphthoyl)naphthalene).
 6096         133.134. CB-25 (N-Cyclopropyl-11-(3-hydroxy-5
 6097  pentylphenoxy)-undecanamide).
 6098         134.135. CB-52 (N-Cyclopropyl-11-(2-hexyl-5
 6099  hydroxyphenoxy)-undecanamide).
 6100         135.136. CP 55,940 (2-[3-Hydroxy-6-propanol-cyclohexyl]-5
 6101  (2-methyloctan-2-yl)phenol).
 6102         136.137. AM-694 (1-(5-Fluoropentyl)-3-(2
 6103  iodobenzoyl)indole).
 6104         137.138. AM-2201 (1-(5-Fluoropentyl)-3-(1
 6105  naphthoyl)indole).
 6106         138.139. RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
 6107         139.140. RCS-8 (1-(2-Cyclohexylethyl)-3-(2
 6108  methoxyphenylacetyl)indole).
 6109         140.141. WIN55,212-2 ((R)-(+)-[2,3-Dihydro-5-methyl-3-(4
 6110  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 6111  naphthalenylmethanone).
 6112         141.142. WIN55,212-3 ([(3S)-2,3-Dihydro-5-methyl-3-(4
 6113  morpholinylmethyl)pyrrolo[1,2,3-de]-1,4-benzoxazin-6-yl]-1
 6114  naphthalenylmethanone).
 6115         142.143. Pentedrone (alpha-Methylaminovalerophenone).
 6116         143.144. Fluoroamphetamine.
 6117         144.145. Fluoromethamphetamine.
 6118         145.146. Methoxetamine.
 6119         146.147. Methiopropamine.
 6120         147.148. Methylbuphedrone (Methyl-alpha
 6121  methylaminobutyrophenone).
 6122         148.149. APB ((2-Aminopropyl)benzofuran).
 6123         149.150. APDB ((2-Aminopropyl)-2,3-dihydrobenzofuran).
 6124         150.151. UR-144 (1-Pentyl-3-(2,2,3,3
 6125  tetramethylcyclopropanoyl)indole).
 6126         151.152. XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6127  tetramethylcyclopropanoyl)indole).
 6128         152.153. Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
 6129  tetramethylcyclopropanoyl)indole).
 6130         153.154. AKB48 (N-Adamant-1-yl 1-pentylindazole-3
 6131  carboxamide).
 6132         154.155. AM-2233(1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6133  iodobenzoyl)indole).
 6134         155.156. STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole
 6135  3-carboxamide).
 6136         156.157. URB-597 ((3′-(Aminocarbonyl)[1,1′-biphenyl]-3-yl)
 6137  cyclohexylcarbamate).
 6138         157.158. URB-602 ([1,1′-Biphenyl]-3-yl-carbamic acid,
 6139  cyclohexyl ester).
 6140         158.159. URB-754 (6-Methyl-2-[(4-methylphenyl)amino]-1
 6141  benzoxazin-4-one).
 6142         159.160. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 6143         160.161. 2C-H (2,5-Dimethoxyphenethylamine).
 6144         161.162. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 6145         162.163. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 6146         163.164. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 6147  methoxybenzyl)]phenethylamine).
 6148         164.165. MDMA (3,4-Methylenedioxymethamphetamine).
 6149         165.166. PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
 6150         166.167. Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole
 6151  3-carboxylate).
 6152         167.168. BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
 6153  carboxylate).
 6154         168.169. Fluoro AKB48 (N-Adamant-1-yl 1
 6155  (fluoropentyl)indazole-3-carboxamide).
 6156         169.170. AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6157  pentylindazole-3-carboxamide).
 6158         170.171. AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6159  1-(4-fluorobenzyl)indazole-3-carboxamide).
 6160         171.172. ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6161  yl)-1-pentylindazole-3-carboxamide).
 6162         172.173. Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan
 6163  2-yl)-1-(fluoropentyl)indole-3-carboxamide).
 6164         173.174. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 6165  methoxybenzyl)]phenethylamine).
 6166         174.175. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 6167  methoxybenzyl)]phenethylamine).
 6168         175.176. AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6169  1-(cyclohexylmethyl)indazole-3-carboxamide).
 6170         176.177. FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole
 6171  3-carboxylate).
 6172         177.178. Fluoro-NNEI (N-Naphthalen-1-yl 1
 6173  (fluoropentyl)indole-3-carboxamide).
 6174         178.179. Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2
 6175  yl)-1-(fluoropentyl)indazole-3-carboxamide).
 6176         179.180. THJ-2201 (1-(5-Fluoropentyl)-3-(1
 6177  naphthoyl)indazole).
 6178         180.181. AM-855 ((4aR,12bR)-8-Hexyl-2,5,5-trimethyl
 6179  1,4,4a,8,9,10,11,12b-octahydronaphtho[3,2-c]isochromen-12-ol).
 6180         181.182. AM-905 ((6aR,9R,10aR)-3-[(E)-Hept-1-enyl]-9
 6181  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
 6182  hexahydrobenzo[c]chromen-1-ol).
 6183         182.183. AM-906 ((6aR,9R,10aR)-3-[(Z)-Hept-1-enyl]-9
 6184  (hydroxymethyl)-6,6-dimethyl-6a,7,8,9,10,10a
 6185  hexahydrobenzo[c]chromen-1-ol).
 6186         183.184. AM-2389 ((6aR,9R,10aR)-3-(1-Hexyl-cyclobut-1-yl)
 6187  6a,7,8,9,10,10a-hexahydro-6,6-dimethyl-6H-dibenzo[b,d]pyran-1,9
 6188  diol).
 6189         184.185. HU-243 ((6aR,8S,9S,10aR)-9-(Hydroxymethyl)-6,6
 6190  dimethyl-3-(2-methyloctan-2-yl)-8,9-ditritio-7,8,10,10a
 6191  tetrahydro-6aH-benzo[c]chromen-1-ol).
 6192         185.186. HU-336 ((6aR,10aR)-6,6,9-Trimethyl-3-pentyl
 6193  6a,7,10,10a-tetrahydro-1H-benzo[c]chromene-1,4(6H)-dione).
 6194         186.187. MAPB ((2-Methylaminopropyl)benzofuran).
 6195         187.188. 5-IT (2-(1H-Indol-5-yl)-1-methyl-ethylamine).
 6196         188.189. 6-IT (2-(1H-Indol-6-yl)-1-methyl-ethylamine).
 6197         189.190. Synthetic Cannabinoids.—Unless specifically
 6198  excepted or unless listed in another schedule or contained
 6199  within a pharmaceutical product approved by the United States
 6200  Food and Drug Administration, any material, compound, mixture,
 6201  or preparation that contains any quantity of a synthetic
 6202  cannabinoid found to be in any of the following chemical class
 6203  descriptions, or homologues, nitrogen-heterocyclic analogs,
 6204  isomers (including optical, positional, or geometric), esters,
 6205  ethers, salts, and salts of homologues, nitrogen-heterocyclic
 6206  analogs, isomers, esters, or ethers, whenever the existence of
 6207  such homologues, nitrogen-heterocyclic analogs, isomers, esters,
 6208  ethers, salts, and salts of isomers, esters, or ethers is
 6209  possible within the specific chemical class or designation.
 6210  Since nomenclature of these synthetically produced cannabinoids
 6211  is not internationally standardized and may continually evolve,
 6212  these structures or the compounds of these structures shall be
 6213  included under this subparagraph, regardless of their specific
 6214  numerical designation of atomic positions covered, if it can be
 6215  determined through a recognized method of scientific testing or
 6216  analysis that the substance contains properties that fit within
 6217  one or more of the following categories:
 6218         a. Tetrahydrocannabinols.—Any tetrahydrocannabinols
 6219  naturally contained in a plant of the genus Cannabis, the
 6220  synthetic equivalents of the substances contained in the plant
 6221  or in the resinous extracts of the genus Cannabis, or synthetic
 6222  substances, derivatives, and their isomers with similar chemical
 6223  structure and pharmacological activity, including, but not
 6224  limited to, Delta 9 tetrahydrocannabinols and their optical
 6225  isomers, Delta 8 tetrahydrocannabinols and their optical
 6226  isomers, Delta 6a,10a tetrahydrocannabinols and their optical
 6227  isomers, or any compound containing a tetrahydrobenzo[c]chromene
 6228  structure with substitution at either or both the 3-position or
 6229  9-position, with or without substitution at the 1-position with
 6230  hydroxyl or alkoxy groups, including, but not limited to:
 6231         (I) Tetrahydrocannabinol.
 6232         (II) HU-210 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6233  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6234  ol).
 6235         (III) HU-211 ((6aS,10aS)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6236  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1
 6237  ol).
 6238         (IV) JWH-051 ((6aR,10aR)-9-(Hydroxymethyl)-6,6-dimethyl-3
 6239  (2-methyloctan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6240         (V) JWH-133 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methylpentan
 6241  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6242         (VI) JWH-057 ((6aR,10aR)-6,6,9-Trimethyl-3-(2-methyloctan
 6243  2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6244         (VII) JWH-359 ((6aR,10aR)-1-Methoxy-6,6,9-trimethyl-3-(2,3
 6245  dimethylpentan-2-yl)-6a,7,10,10a-tetrahydrobenzo[c]chromene).
 6246         (VIII) AM-087 ((6aR,10aR)-3-(2-Methyl-6-bromohex-2-yl)
 6247  6,6,9-trimethyl-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
 6248         (IX) AM-411 ((6aR,10aR)-3-(1-Adamantyl)-6,6,9-trimethyl
 6249  6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol).
 6250         (X) Parahexyl.
 6251         b. Naphthoylindoles, Naphthoylindazoles,
 6252  Naphthoylcarbazoles, Naphthylmethylindoles,
 6253  Naphthylmethylindazoles, and Naphthylmethylcarbazoles.—Any
 6254  compound containing a naphthoylindole, naphthoylindazole,
 6255  naphthoylcarbazole, naphthylmethylindole,
 6256  naphthylmethylindazole, or naphthylmethylcarbazole structure,
 6257  with or without substitution on the indole, indazole, or
 6258  carbazole ring to any extent, whether or not substituted on the
 6259  naphthyl ring to any extent, including, but not limited to:
 6260         (I) JWH-007 (1-Pentyl-2-methyl-3-(1-naphthoyl)indole).
 6261         (II) JWH-011 (1-(1-Methylhexyl)-2-methyl-3-(1
 6262  naphthoyl)indole).
 6263         (III) JWH-015 (1-Propyl-2-methyl-3-(1-naphthoyl)indole).
 6264         (IV) JWH-016 (1-Butyl-2-methyl-3-(1-naphthoyl)indole).
 6265         (V) JWH-018 (1-Pentyl-3-(1-naphthoyl)indole).
 6266         (VI) JWH-019 (1-Hexyl-3-(1-naphthoyl)indole).
 6267         (VII) JWH-020 (1-Heptyl-3-(1-naphthoyl)indole).
 6268         (VIII) JWH-022 (1-(4-Pentenyl)-3-(1-naphthoyl)indole).
 6269         (IX) JWH-071 (1-Ethyl-3-(1-naphthoyl)indole).
 6270         (X) JWH-072 (1-Propyl-3-(1-naphthoyl)indole).
 6271         (XI) JWH-073 (1-Butyl-3-(1-naphthoyl)indole).
 6272         (XII) JWH-080 (1-Butyl-3-(4-methoxy-1-naphthoyl)indole).
 6273         (XIII) JWH-081 (1-Pentyl-3-(4-methoxy-1-naphthoyl)indole).
 6274         (XIV) JWH-098 (1-Pentyl-2-methyl-3-(4-methoxy-1
 6275  naphthoyl)indole).
 6276         (XV) JWH-116 (1-Pentyl-2-ethyl-3-(1-naphthoyl)indole).
 6277         (XVI) JWH-122 (1-Pentyl-3-(4-methyl-1-naphthoyl)indole).
 6278         (XVII) JWH-149 (1-Pentyl-2-methyl-3-(4-methyl-1
 6279  naphthoyl)indole).
 6280         (XVIII) JWH-164 (1-Pentyl-3-(7-methoxy-1-naphthoyl)indole).
 6281         (XIX) JWH-175 (1-Pentyl-3-(1-naphthylmethyl)indole).
 6282         (XX) JWH-180 (1-Propyl-3-(4-propyl-1-naphthoyl)indole).
 6283         (XXI) JWH-182 (1-Pentyl-3-(4-propyl-1-naphthoyl)indole).
 6284         (XXII) JWH-184 (1-Pentyl-3-[(4-methyl)-1
 6285  naphthylmethyl]indole).
 6286         (XXIII) JWH-193 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methyl-1
 6287  naphthoyl)indole).
 6288         (XXIV) JWH-198 (1-[2-(4-Morpholinyl)ethyl]-3-(4-methoxy-1
 6289  naphthoyl)indole).
 6290         (XXV) JWH-200 (1-[2-(4-Morpholinyl)ethyl]-3-(1
 6291  naphthoyl)indole).
 6292         (XXVI) JWH-210 (1-Pentyl-3-(4-ethyl-1-naphthoyl)indole).
 6293         (XXVII) JWH-387 (1-Pentyl-3-(4-bromo-1-naphthoyl)indole).
 6294         (XXVIII) JWH-398 (1-Pentyl-3-(4-chloro-1-naphthoyl)indole).
 6295         (XXIX) JWH-412 (1-Pentyl-3-(4-fluoro-1-naphthoyl)indole).
 6296         (XXX) JWH-424 (1-Pentyl-3-(8-bromo-1-naphthoyl)indole).
 6297         (XXXI) AM-1220 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(1
 6298  naphthoyl)indole).
 6299         (XXXII) AM-1235 (1-(5-Fluoropentyl)-6-nitro-3-(1
 6300  naphthoyl)indole).
 6301         (XXXIII) AM-2201 (1-(5-Fluoropentyl)-3-(1
 6302  naphthoyl)indole).
 6303         (XXXIV) Chloro JWH-018 (1-(Chloropentyl)-3-(1
 6304  naphthoyl)indole).
 6305         (XXXV) Bromo JWH-018 (1-(Bromopentyl)-3-(1
 6306  naphthoyl)indole).
 6307         (XXXVI) AM-2232 (1-(4-Cyanobutyl)-3-(1-naphthoyl)indole).
 6308         (XXXVII) THJ-2201 (1-(5-Fluoropentyl)-3-(1
 6309  naphthoyl)indazole).
 6310         (XXXVIII) MAM-2201 (1-(5-Fluoropentyl)-3-(4-methyl-1
 6311  naphthoyl)indole).
 6312         (XXXIX) EAM-2201 (1-(5-Fluoropentyl)-3-(4-ethyl-1
 6313  naphthoyl)indole).
 6314         (XL) EG-018 (9-Pentyl-3-(1-naphthoyl)carbazole).
 6315         (XLI) EG-2201 (9-(5-Fluoropentyl)-3-(1
 6316  naphthoyl)carbazole).
 6317         c. Naphthoylpyrroles.—Any compound containing a
 6318  naphthoylpyrrole structure, with or without substitution on the
 6319  pyrrole ring to any extent, whether or not substituted on the
 6320  naphthyl ring to any extent, including, but not limited to:
 6321         (I) JWH-030 (1-Pentyl-3-(1-naphthoyl)pyrrole).
 6322         (II) JWH-031 (1-Hexyl-3-(1-naphthoyl)pyrrole).
 6323         (III) JWH-145 (1-Pentyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6324         (IV) JWH-146 (1-Heptyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6325         (V) JWH-147 (1-Hexyl-5-phenyl-3-(1-naphthoyl)pyrrole).
 6326         (VI) JWH-307 (1-Pentyl-5-(2-fluorophenyl)-3-(1
 6327  naphthoyl)pyrrole).
 6328         (VII) JWH-309 (1-Pentyl-5-(1-naphthalenyl)-3-(1
 6329  naphthoyl)pyrrole).
 6330         (VIII) JWH-368 (1-Pentyl-5-(3-fluorophenyl)-3-(1
 6331  naphthoyl)pyrrole).
 6332         (IX) JWH-369 (1-Pentyl-5-(2-chlorophenyl)-3-(1
 6333  naphthoyl)pyrrole).
 6334         (X) JWH-370 (1-Pentyl-5-(2-methylphenyl)-3-(1
 6335  naphthoyl)pyrrole).
 6336         d. Naphthylmethylenindenes.—Any compound containing a
 6337  naphthylmethylenindene structure, with or without substitution
 6338  at the 3-position of the indene ring to any extent, whether or
 6339  not substituted on the naphthyl ring to any extent, including,
 6340  but not limited to, JWH-176 (3-Pentyl-1
 6341  (naphthylmethylene)indene).
 6342         e. Phenylacetylindoles and Phenylacetylindazoles.—Any
 6343  compound containing a phenylacetylindole or phenylacetylindazole
 6344  structure, with or without substitution on the indole or
 6345  indazole ring to any extent, whether or not substituted on the
 6346  phenyl ring to any extent, including, but not limited to:
 6347         (I) JWH-167 (1-Pentyl-3-(phenylacetyl)indole).
 6348         (II) JWH-201 (1-Pentyl-3-(4-methoxyphenylacetyl)indole).
 6349         (III) JWH-203 (1-Pentyl-3-(2-chlorophenylacetyl)indole).
 6350         (IV) JWH-250 (1-Pentyl-3-(2-methoxyphenylacetyl)indole).
 6351         (V) JWH-251 (1-Pentyl-3-(2-methylphenylacetyl)indole).
 6352         (VI) JWH-302 (1-Pentyl-3-(3-methoxyphenylacetyl)indole).
 6353         (VII) Cannabipiperidiethanone.
 6354         (VIII) RCS-8 (1-(2-Cyclohexylethyl)-3-(2
 6355  methoxyphenylacetyl)indole).
 6356         f. Cyclohexylphenols.—Any compound containing a
 6357  cyclohexylphenol structure, with or without substitution at the
 6358  5-position of the phenolic ring to any extent, whether or not
 6359  substituted on the cyclohexyl ring to any extent, including, but
 6360  not limited to:
 6361         (I) CP 47,497 (2-(3-Hydroxycyclohexyl)-5-(2-methyloctan-2
 6362  yl)phenol).
 6363         (II) Cannabicyclohexanol (CP 47,497 dimethyloctyl (C8)
 6364  homologue).
 6365         (III) CP-55,940 (2-(3-Hydroxy-6-propanol-cyclohexyl)-5-(2
 6366  methyloctan-2-yl)phenol).
 6367         g. Benzoylindoles and Benzoylindazoles.—Any compound
 6368  containing a benzoylindole or benzoylindazole structure, with or
 6369  without substitution on the indole or indazole ring to any
 6370  extent, whether or not substituted on the phenyl ring to any
 6371  extent, including, but not limited to:
 6372         (I) AM-679 (1-Pentyl-3-(2-iodobenzoyl)indole).
 6373         (II) AM-694 (1-(5-Fluoropentyl)-3-(2-iodobenzoyl)indole).
 6374         (III) AM-1241 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6375  iodo-5-nitrobenzoyl)indole).
 6376         (IV) Pravadoline (1-[2-(4-Morpholinyl)ethyl]-2-methyl-3-(4
 6377  methoxybenzoyl)indole).
 6378         (V) AM-2233 (1-[(N-Methyl-2-piperidinyl)methyl]-3-(2
 6379  iodobenzoyl)indole).
 6380         (VI) RCS-4 (1-Pentyl-3-(4-methoxybenzoyl)indole).
 6381         (VII) RCS-4 C4 homologue (1-Butyl-3-(4
 6382  methoxybenzoyl)indole).
 6383         (VIII) AM-630 (1-[2-(4-Morpholinyl)ethyl]-2-methyl-6-iodo
 6384  3-(4-methoxybenzoyl)indole).
 6385         h. Tetramethylcyclopropanoylindoles and
 6386  Tetramethylcyclopropanoylindazoles.—Any compound containing a
 6387  tetramethylcyclopropanoylindole or
 6388  tetramethylcyclopropanoylindazole structure, with or without
 6389  substitution on the indole or indazole ring to any extent,
 6390  whether or not substituted on the tetramethylcyclopropyl group
 6391  to any extent, including, but not limited to:
 6392         (I) UR-144 (1-Pentyl-3-(2,2,3,3
 6393  tetramethylcyclopropanoyl)indole).
 6394         (II) XLR11 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6395  tetramethylcyclopropanoyl)indole).
 6396         (III) Chloro UR-144 (1-(Chloropentyl)-3-(2,2,3,3
 6397  tetramethylcyclopropanoyl)indole).
 6398         (IV) A-796,260 (1-[2-(4-Morpholinyl)ethyl]-3-(2,2,3,3
 6399  tetramethylcyclopropanoyl)indole).
 6400         (V) A-834,735 (1-[4-(Tetrahydropyranyl)methyl]-3-(2,2,3,3
 6401  tetramethylcyclopropanoyl)indole).
 6402         (VI) M-144 (1-(5-Fluoropentyl)-2-methyl-3-(2,2,3,3
 6403  tetramethylcyclopropanoyl)indole).
 6404         (VII) FUB-144 (1-(4-Fluorobenzyl)-3-(2,2,3,3
 6405  tetramethylcyclopropanoyl)indole).
 6406         (VIII) FAB-144 (1-(5-Fluoropentyl)-3-(2,2,3,3
 6407  tetramethylcyclopropanoyl)indazole).
 6408         (IX) XLR12 (1-(4,4,4-Trifluorobutyl)-3-(2,2,3,3
 6409  tetramethylcyclopropanoyl)indole).
 6410         (X) AB-005 (1-[(1-Methyl-2-piperidinyl)methyl]-3-(2,2,3,3
 6411  tetramethylcyclopropanoyl)indole).
 6412         i. Adamantoylindoles, Adamantoylindazoles, Adamantylindole
 6413  carboxamides, and Adamantylindazole carboxamides.—Any compound
 6414  containing an adamantoyl indole, adamantoyl indazole, adamantyl
 6415  indole carboxamide, or adamantyl indazole carboxamide structure,
 6416  with or without substitution on the indole or indazole ring to
 6417  any extent, whether or not substituted on the adamantyl ring to
 6418  any extent, including, but not limited to:
 6419         (I) AKB48 (N-Adamant-1-yl 1-pentylindazole-3-carboxamide).
 6420         (II) Fluoro AKB48 (N-Adamant-1-yl 1-(fluoropentyl)indazole
 6421  3-carboxamide).
 6422         (III) STS-135 (N-Adamant-1-yl 1-(5-fluoropentyl)indole-3
 6423  carboxamide).
 6424         (IV) AM-1248 (1-(1-Methylpiperidine)methyl-3-(1
 6425  adamantoyl)indole).
 6426         (V) AB-001 (1-Pentyl-3-(1-adamantoyl)indole).
 6427         (VI) APICA (N-Adamant-1-yl 1-pentylindole-3-carboxamide).
 6428         (VII) Fluoro AB-001 (1-(Fluoropentyl)-3-(1
 6429  adamantoyl)indole).
 6430         j. Quinolinylindolecarboxylates,
 6431  Quinolinylindazolecarboxylates, Quinolinylindolecarboxamides,
 6432  and Quinolinylindazolecarboxamides.—Any compound containing a
 6433  quinolinylindole carboxylate, quinolinylindazole carboxylate,
 6434  isoquinolinylindole carboxylate, isoquinolinylindazole
 6435  carboxylate, quinolinylindole carboxamide, quinolinylindazole
 6436  carboxamide, isoquinolinylindole carboxamide, or
 6437  isoquinolinylindazole carboxamide structure, with or without
 6438  substitution on the indole or indazole ring to any extent,
 6439  whether or not substituted on the quinoline or isoquinoline ring
 6440  to any extent, including, but not limited to:
 6441         (I) PB-22 (8-Quinolinyl 1-pentylindole-3-carboxylate).
 6442         (II) Fluoro PB-22 (8-Quinolinyl 1-(fluoropentyl)indole-3
 6443  carboxylate).
 6444         (III) BB-22 (8-Quinolinyl 1-(cyclohexylmethyl)indole-3
 6445  carboxylate).
 6446         (IV) FUB-PB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indole-3
 6447  carboxylate).
 6448         (V) NPB-22 (8-Quinolinyl 1-pentylindazole-3-carboxylate).
 6449         (VI) Fluoro NPB-22 (8-Quinolinyl 1-(fluoropentyl)indazole
 6450  3-carboxylate).
 6451         (VII) FUB-NPB-22 (8-Quinolinyl 1-(4-fluorobenzyl)indazole
 6452  3-carboxylate).
 6453         (VIII) THJ (8-Quinolinyl 1-pentylindazole-3-carboxamide).
 6454         (IX) Fluoro THJ (8-Quinolinyl 1-(fluoropentyl)indazole-3
 6455  carboxamide).
 6456         k. Naphthylindolecarboxylates and
 6457  Naphthylindazolecarboxylates.—Any compound containing a
 6458  naphthylindole carboxylate or naphthylindazole carboxylate
 6459  structure, with or without substitution on the indole or
 6460  indazole ring to any extent, whether or not substituted on the
 6461  naphthyl ring to any extent, including, but not limited to:
 6462         (I) NM-2201 (1-Naphthalenyl 1-(5-fluoropentyl)indole-3
 6463  carboxylate).
 6464         (II) SDB-005 (1-Naphthalenyl 1-pentylindazole-3
 6465  carboxylate).
 6466         (III) Fluoro SDB-005 (1-Naphthalenyl 1
 6467  (fluoropentyl)indazole-3-carboxylate).
 6468         (IV) FDU-PB-22 (1-Naphthalenyl 1-(4-fluorobenzyl)indole-3
 6469  carboxylate).
 6470         (V) 3-CAF (2-Naphthalenyl 1-(2-fluorophenyl)indazole-3
 6471  carboxylate).
 6472         l. Naphthylindole carboxamides and Naphthylindazole
 6473  carboxamides.—Any compound containing a naphthylindole
 6474  carboxamide or naphthylindazole carboxamide structure, with or
 6475  without substitution on the indole or indazole ring to any
 6476  extent, whether or not substituted on the naphthyl ring to any
 6477  extent, including, but not limited to:
 6478         (I) NNEI (N-Naphthalen-1-yl 1-pentylindole-3-carboxamide).
 6479         (II) Fluoro-NNEI (N-Naphthalen-1-yl 1-(fluoropentyl)indole
 6480  3-carboxamide).
 6481         (III) Chloro-NNEI (N-Naphthalen-1-yl 1
 6482  (chloropentyl)indole-3-carboxamide).
 6483         (IV) MN-18 (N-Naphthalen-1-yl 1-pentylindazole-3
 6484  carboxamide).
 6485         (V) Fluoro MN-18 (N-Naphthalen-1-yl 1
 6486  (fluoropentyl)indazole-3-carboxamide).
 6487         m. Alkylcarbonyl indole carboxamides, Alkylcarbonyl
 6488  indazole carboxamides, Alkylcarbonyl indole carboxylates, and
 6489  Alkylcarbonyl indazole carboxylates.—Any compound containing an
 6490  alkylcarbonyl group, including 1-amino-3-methyl-1-oxobutan-2-yl,
 6491  1-methoxy-3-methyl-1-oxobutan-2-yl, 1-amino-1-oxo-3
 6492  phenylpropan-2-yl, 1-methoxy-1-oxo-3-phenylpropan-2-yl, with an
 6493  indole carboxamide, indazole carboxamide, indole carboxylate, or
 6494  indazole carboxylate, with or without substitution on the indole
 6495  or indazole ring to any extent, whether or not substituted on
 6496  the alkylcarbonyl group to any extent, including, but not
 6497  limited to:
 6498         (I) ADBICA, (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)-1
 6499  pentylindole-3-carboxamide).
 6500         (II) Fluoro ADBICA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6501  yl)-1-(fluoropentyl)indole-3-carboxamide).
 6502         (III) Fluoro ABICA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6503  (fluoropentyl)indole-3-carboxamide).
 6504         (IV) AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6505  pentylindazole-3-carboxamide).
 6506         (V) Fluoro AB-PINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)
 6507  1-(fluoropentyl)indazole-3-carboxamide).
 6508         (VI) ADB-PINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2-yl)
 6509  1-pentylindazole-3-carboxamide).
 6510         (VII) Fluoro ADB-PINACA (N-(1-Amino-3,3-dimethyl-1
 6511  oxobutan-2-yl)-1-(fluoropentyl)indazole-3-carboxamide).
 6512         (VIII) AB-FUBINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6513  (4-fluorobenzyl)indazole-3-carboxamide).
 6514         (IX) ADB-FUBINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6515  yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
 6516         (X) AB-CHMINACA (N-(1-Amino-3-methyl-1-oxobutan-2-yl)-1
 6517  (cyclohexylmethyl)indazole-3-carboxamide).
 6518         (XI) MA-CHMINACA (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6519  (cyclohexylmethyl)indazole-3-carboxamide).
 6520         (XII) MAB-CHMINACA (N-(1-Amino-3,3-dimethyl-1-oxobutan-2
 6521  yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
 6522         (XIII) AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6523  pentylindazole-3-carboxamide).
 6524         (XIV) Fluoro-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1
 6525  (fluoropentyl)indazole-3-carboxamide).
 6526         (XV) FUB-AMB (N-(1-Methoxy-3-methyl-1-oxobutan-2-yl)-1-(4
 6527  fluorobenzyl)indazole-3-carboxamide).
 6528         (XVI) MDMB-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6529  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxamide).
 6530         (XVII) MDMB-FUBINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6531  2-yl)-1-(4-fluorobenzyl)indazole-3-carboxamide).
 6532         (XVIII) MDMB-CHMICA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6533  2-yl)-1-(cyclohexylmethyl)indole-3-carboxamide).
 6534         (XIX) PX-1 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
 6535  fluoropentyl)indole-3-carboxamide).
 6536         (XX) PX-2 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(5
 6537  fluoropentyl)indazole-3-carboxamide).
 6538         (XXI) PX-3 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1
 6539  (cyclohexylmethyl)indazole-3-carboxamide).
 6540         (XXII) PX-4 (N-(1-Amino-1-oxo-3-phenylpropan-2-yl)-1-(4
 6541  fluorobenzyl)indazole-3-carboxamide).
 6542         (XXIII) MO-CHMINACA (N-(1-Methoxy-3,3-dimethyl-1-oxobutan
 6543  2-yl)-1-(cyclohexylmethyl)indazole-3-carboxylate).
 6544         n. Cumylindolecarboxamides and Cumylindazolecarboxamides.
 6545  Any compound containing a N-(2-phenylpropan-2-yl) indole
 6546  carboxamide or N-(2-phenylpropan-2-yl) indazole carboxamide
 6547  structure, with or without substitution on the indole or
 6548  indazole ring to any extent, whether or not substituted on the
 6549  phenyl ring of the cumyl group to any extent, including, but not
 6550  limited to:
 6551         (I) CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1-pentylindole-3
 6552  carboxamide).
 6553         (II) Fluoro CUMYL-PICA (N-(2-Phenylpropan-2-yl)-1
 6554  (fluoropentyl)indole-3-carboxamide).
 6555         o. Other Synthetic Cannabinoids.—Any material, compound,
 6556  mixture, or preparation that contains any quantity of a
 6557  Synthetic Cannabinoid, as described in sub-subparagraphs a.-n.:
 6558         (I) With or without modification or replacement of a
 6559  carbonyl, carboxamide, alkylene, alkyl, or carboxylate linkage
 6560  between either two core rings, or linkage between a core ring
 6561  and group structure, with or without the addition of a carbon or
 6562  replacement of a carbon;
 6563         (II) With or without replacement of a core ring or group
 6564  structure, whether or not substituted on the ring or group
 6565  structures to any extent; and
 6566         (III) Is a cannabinoid receptor agonist, unless
 6567  specifically excepted or unless listed in another schedule or
 6568  contained within a pharmaceutical product approved by the United
 6569  States Food and Drug Administration.
 6570         190.191. Substituted Cathinones.—Unless specifically
 6571  excepted, listed in another schedule, or contained within a
 6572  pharmaceutical product approved by the United States Food and
 6573  Drug Administration, any material, compound, mixture, or
 6574  preparation, including its salts, isomers, esters, or ethers,
 6575  and salts of isomers, esters, or ethers, whenever the existence
 6576  of such salts is possible within any of the following specific
 6577  chemical designations:
 6578         a. Any compound containing a 2-amino-1-phenyl-1-propanone
 6579  structure;
 6580         b. Any compound containing a 2-amino-1-naphthyl-1-propanone
 6581  structure; or
 6582         c. Any compound containing a 2-amino-1-thiophenyl-1
 6583  propanone structure,
 6584  
 6585  whether or not the compound is further modified:
 6586         (I) With or without substitution on the ring system to any
 6587  extent with alkyl, alkylthio, thio, fused alkylenedioxy, alkoxy,
 6588  haloalkyl, hydroxyl, nitro, fused furan, fused benzofuran, fused
 6589  dihydrofuran, fused tetrahydropyran, fused alkyl ring, or halide
 6590  substituents;
 6591         (II) With or without substitution at the 3-propanone
 6592  position with an alkyl substituent or removal of the methyl
 6593  group at the 3-propanone position;
 6594         (III) With or without substitution at the 2-amino nitrogen
 6595  atom with alkyl, dialkyl, acetyl, or benzyl groups, whether or
 6596  not further substituted in the ring system; or
 6597         (IV) With or without inclusion of the 2-amino nitrogen atom
 6598  in a cyclic structure, including, but not limited to:
 6599         (A) Methcathinone.
 6600         (B) Ethcathinone.
 6601         (C) Methylone (3,4-Methylenedioxymethcathinone).
 6602         (D) 2,3-Methylenedioxymethcathinone.
 6603         (E) MDPV (3,4-Methylenedioxypyrovalerone).
 6604         (F) Methylmethcathinone.
 6605         (G) Methoxymethcathinone.
 6606         (H) Fluoromethcathinone.
 6607         (I) Methylethcathinone.
 6608         (J) Butylone (3,4-Methylenedioxy-alpha
 6609  methylaminobutyrophenone).
 6610         (K) Ethylone (3,4-Methylenedioxy-N-ethylcathinone).
 6611         (L) BMDP (3,4-Methylenedioxy-N-benzylcathinone).
 6612         (M) Naphyrone (Naphthylpyrovalerone).
 6613         (N) Bromomethcathinone.
 6614         (O) Buphedrone (alpha-Methylaminobutyrophenone).
 6615         (P) Eutylone (3,4-Methylenedioxy-alpha
 6616  ethylaminobutyrophenone).
 6617         (Q) Dimethylcathinone.
 6618         (R) Dimethylmethcathinone.
 6619         (S) Pentylone (3,4-Methylenedioxy-alpha
 6620  methylaminovalerophenone).
 6621         (T) Pentedrone (alpha-Methylaminovalerophenone).
 6622         (U) MDPPP (3,4-Methylenedioxy-alpha
 6623  pyrrolidinopropiophenone).
 6624         (V) MDPBP (3,4-Methylenedioxy-alpha
 6625  pyrrolidinobutyrophenone).
 6626         (W) MPPP (Methyl-alpha-pyrrolidinopropiophenone).
 6627         (X) PPP (Pyrrolidinopropiophenone).
 6628         (Y) PVP (Pyrrolidinovalerophenone) or
 6629  (Pyrrolidinopentiophenone).
 6630         (Z) MOPPP (Methoxy-alpha-pyrrolidinopropiophenone).
 6631         (AA) MPHP (Methyl-alpha-pyrrolidinohexanophenone).
 6632         (BB) F-MABP (Fluoromethylaminobutyrophenone).
 6633         (CC) Me-EABP (Methylethylaminobutyrophenone).
 6634         (DD) PBP (Pyrrolidinobutyrophenone).
 6635         (EE) MeO-PBP (Methoxypyrrolidinobutyrophenone).
 6636         (FF) Et-PBP (Ethylpyrrolidinobutyrophenone).
 6637         (GG) 3-Me-4-MeO-MCAT (3-Methyl-4-Methoxymethcathinone).
 6638         (HH) Dimethylone (3,4-Methylenedioxy-N,N
 6639  dimethylcathinone).
 6640         (II) 3,4-Methylenedioxy-N,N-diethylcathinone.
 6641         (JJ) 3,4-Methylenedioxy-N-acetylcathinone.
 6642         (KK) 3,4-Methylenedioxy-N-acetylmethcathinone.
 6643         (LL) 3,4-Methylenedioxy-N-acetylethcathinone.
 6644         (MM) Methylbuphedrone (Methyl-alpha
 6645  methylaminobutyrophenone).
 6646         (NN) Methyl-alpha-methylaminohexanophenone.
 6647         (OO) N-Ethyl-N-methylcathinone.
 6648         (PP) PHP (Pyrrolidinohexanophenone).
 6649         (QQ) PV8 (Pyrrolidinoheptanophenone).
 6650         (RR) Chloromethcathinone.
 6651         (SS) 4-Bromo-2,5-dimethoxy-alpha-aminoacetophenone.
 6652         191.192. Substituted Phenethylamines.—Unless specifically
 6653  excepted or unless listed in another schedule, or contained
 6654  within a pharmaceutical product approved by the United States
 6655  Food and Drug Administration, any material, compound, mixture,
 6656  or preparation, including its salts, isomers, esters, or ethers,
 6657  and salts of isomers, esters, or ethers, whenever the existence
 6658  of such salts is possible within any of the following specific
 6659  chemical designations, any compound containing a phenethylamine
 6660  structure, without a beta-keto group, and without a benzyl group
 6661  attached to the amine group, whether or not the compound is
 6662  further modified with or without substitution on the phenyl ring
 6663  to any extent with alkyl, alkylthio, nitro, alkoxy, thio,
 6664  halide, fused alkylenedioxy, fused furan, fused benzofuran,
 6665  fused dihydrofuran, or fused tetrahydropyran substituents,
 6666  whether or not further substituted on a ring to any extent, with
 6667  or without substitution at the alpha or beta position by any
 6668  alkyl substituent, with or without substitution at the nitrogen
 6669  atom, and with or without inclusion of the 2-amino nitrogen atom
 6670  in a cyclic structure, including, but not limited to:
 6671         a. 2C-B (4-Bromo-2,5-dimethoxyphenethylamine).
 6672         b. 2C-E (4-Ethyl-2,5-dimethoxyphenethylamine).
 6673         c. 2C-T-4 (4-Isopropylthio-2,5-dimethoxyphenethylamine).
 6674         d. 2C-C (4-Chloro-2,5-dimethoxyphenethylamine).
 6675         e. 2C-T (4-Methylthio-2,5-dimethoxyphenethylamine).
 6676         f. 2C-T-2 (4-Ethylthio-2,5-dimethoxyphenethylamine).
 6677         g. 2C-T-7 (4-(n)-Propylthio-2,5-dimethoxyphenethylamine).
 6678         h. 2C-I (4-Iodo-2,5-dimethoxyphenethylamine).
 6679         i. 2C-D (4-Methyl-2,5-dimethoxyphenethylamine).
 6680         j. 2C-H (2,5-Dimethoxyphenethylamine).
 6681         k. 2C-N (4-Nitro-2,5-dimethoxyphenethylamine).
 6682         l. 2C-P (4-(n)-Propyl-2,5-dimethoxyphenethylamine).
 6683         m. MDMA (3,4-Methylenedioxymethamphetamine).
 6684         n. MBDB (Methylbenzodioxolylbutanamine) or (3,4
 6685  Methylenedioxy-N-methylbutanamine).
 6686         o. MDA (3,4-Methylenedioxyamphetamine).
 6687         p. 2,5-Dimethoxyamphetamine.
 6688         q. Fluoroamphetamine.
 6689         r. Fluoromethamphetamine.
 6690         s. MDEA (3,4-Methylenedioxy-N-ethylamphetamine).
 6691         t. DOB (4-Bromo-2,5-dimethoxyamphetamine).
 6692         u. DOC (4-Chloro-2,5-dimethoxyamphetamine).
 6693         v. DOET (4-Ethyl-2,5-dimethoxyamphetamine).
 6694         w. DOI (4-Iodo-2,5-dimethoxyamphetamine).
 6695         x. DOM (4-Methyl-2,5-dimethoxyamphetamine).
 6696         y. PMA (4-Methoxyamphetamine).
 6697         z. N-Ethylamphetamine.
 6698         aa. 3,4-Methylenedioxy-N-hydroxyamphetamine.
 6699         bb. 5-Methoxy-3,4-methylenedioxyamphetamine.
 6700         cc. PMMA (4-Methoxymethamphetamine).
 6701         dd. N,N-Dimethylamphetamine.
 6702         ee. 3,4,5-Trimethoxyamphetamine.
 6703         ff. 4-APB (4-(2-Aminopropyl)benzofuran).
 6704         gg. 5-APB (5-(2-Aminopropyl)benzofuran).
 6705         hh. 6-APB (6-(2-Aminopropyl)benzofuran).
 6706         ii. 7-APB (7-(2-Aminopropyl)benzofuran).
 6707         jj. 4-APDB (4-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6708         kk. 5-APDB (5-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6709         ll. 6-APDB (6-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6710         mm. 7-APDB (7-(2-Aminopropyl)-2,3-dihydrobenzofuran).
 6711         nn. 4-MAPB (4-(2-Methylaminopropyl)benzofuran).
 6712         oo. 5-MAPB (5-(2-Methylaminopropyl)benzofuran).
 6713         pp. 6-MAPB (6-(2-Methylaminopropyl)benzofuran).
 6714         qq. 7-MAPB (7-(2-Methylaminopropyl)benzofuran).
 6715         rr. 5-EAPB (5-(2-Ethylaminopropyl)benzofuran).
 6716         ss. 5-MAPDB (5-(2-Methylaminopropyl)-2,3
 6717  dihydrobenzofuran),
 6718  
 6719  which does not include phenethylamine, mescaline as described in
 6720  subparagraph 19. subparagraph 20., substituted cathinones as
 6721  described in subparagraph 190. subparagraph 191., N-Benzyl
 6722  phenethylamine compounds as described in subparagraph 192.
 6723  subparagraph 193., or methamphetamine as described in
 6724  subparagraph (2)(c)5.
 6725         192.193. N-Benzyl Phenethylamine Compounds.—Unless
 6726  specifically excepted or unless listed in another schedule, or
 6727  contained within a pharmaceutical product approved by the United
 6728  States Food and Drug Administration, any material, compound,
 6729  mixture, or preparation, including its salts, isomers, esters,
 6730  or ethers, and salts of isomers, esters, or ethers, whenever the
 6731  existence of such salts is possible within any of the following
 6732  specific chemical designations, any compound containing a
 6733  phenethylamine structure without a beta-keto group, with
 6734  substitution on the nitrogen atom of the amino group with a
 6735  benzyl substituent, with or without substitution on the phenyl
 6736  or benzyl ring to any extent with alkyl, alkoxy, thio,
 6737  alkylthio, halide, fused alkylenedioxy, fused furan, fused
 6738  benzofuran, or fused tetrahydropyran substituents, whether or
 6739  not further substituted on a ring to any extent, with or without
 6740  substitution at the alpha position by any alkyl substituent,
 6741  including, but not limited to:
 6742         a. 25B-NBOMe (4-Bromo-2,5-dimethoxy-[N-(2
 6743  methoxybenzyl)]phenethylamine).
 6744         b. 25B-NBOH (4-Bromo-2,5-dimethoxy-[N-(2
 6745  hydroxybenzyl)]phenethylamine).
 6746         c. 25B-NBF (4-Bromo-2,5-dimethoxy-[N-(2
 6747  fluorobenzyl)]phenethylamine).
 6748         d. 25B-NBMD (4-Bromo-2,5-dimethoxy-[N-(2,3
 6749  methylenedioxybenzyl)]phenethylamine).
 6750         e. 25I-NBOMe (4-Iodo-2,5-dimethoxy-[N-(2
 6751  methoxybenzyl)]phenethylamine).
 6752         f. 25I-NBOH (4-Iodo-2,5-dimethoxy-[N-(2
 6753  hydroxybenzyl)]phenethylamine).
 6754         g. 25I-NBF (4-Iodo-2,5-dimethoxy-[N-(2
 6755  fluorobenzyl)]phenethylamine).
 6756         h. 25I-NBMD (4-Iodo-2,5-dimethoxy-[N-(2,3
 6757  methylenedioxybenzyl)]phenethylamine).
 6758         i. 25T2-NBOMe (4-Methylthio-2,5-dimethoxy-[N-(2
 6759  methoxybenzyl)]phenethylamine).
 6760         j. 25T4-NBOMe (4-Isopropylthio-2,5-dimethoxy-[N-(2
 6761  methoxybenzyl)]phenethylamine).
 6762         k. 25T7-NBOMe (4-(n)-Propylthio-2,5-dimethoxy-[N-(2
 6763  methoxybenzyl)]phenethylamine).
 6764         l. 25C-NBOMe (4-Chloro-2,5-dimethoxy-[N-(2
 6765  methoxybenzyl)]phenethylamine).
 6766         m. 25C-NBOH (4-Chloro-2,5-dimethoxy-[N-(2
 6767  hydroxybenzyl)]phenethylamine).
 6768         n. 25C-NBF (4-Chloro-2,5-dimethoxy-[N-(2
 6769  fluorobenzyl)]phenethylamine).
 6770         o. 25C-NBMD (4-Chloro-2,5-dimethoxy-[N-(2,3
 6771  methylenedioxybenzyl)]phenethylamine).
 6772         p. 25H-NBOMe (2,5-Dimethoxy-[N-(2
 6773  methoxybenzyl)]phenethylamine).
 6774         q. 25H-NBOH (2,5-Dimethoxy-[N-(2
 6775  hydroxybenzyl)]phenethylamine).
 6776         r. 25H-NBF (2,5-Dimethoxy-[N-(2
 6777  fluorobenzyl)]phenethylamine).
 6778         s. 25D-NBOMe (4-Methyl-2,5-dimethoxy-[N-(2
 6779  methoxybenzyl)]phenethylamine),
 6780  
 6781  which does not include substituted cathinones as described in
 6782  subparagraph 190. subparagraph 191.
 6783         193.194. Substituted Tryptamines.—Unless specifically
 6784  excepted or unless listed in another schedule, or contained
 6785  within a pharmaceutical product approved by the United States
 6786  Food and Drug Administration, any material, compound, mixture,
 6787  or preparation containing a 2-(1H-indol-3-yl)ethanamine, for
 6788  example tryptamine, structure with or without mono- or di
 6789  substitution of the amine nitrogen with alkyl or alkenyl groups,
 6790  or by inclusion of the amino nitrogen atom in a cyclic
 6791  structure, whether or not substituted at the alpha position with
 6792  an alkyl group, whether or not substituted on the indole ring to
 6793  any extent with any alkyl, alkoxy, halo, hydroxyl, or acetoxy
 6794  groups, including, but not limited to:
 6795         a. Alpha-Ethyltryptamine.
 6796         b. Bufotenine.
 6797         c. DET (Diethyltryptamine).
 6798         d. DMT (Dimethyltryptamine).
 6799         e. MET (N-Methyl-N-ethyltryptamine).
 6800         f. DALT (N,N-Diallyltryptamine).
 6801         g. EiPT (N-Ethyl-N-isopropyltryptamine).
 6802         h. MiPT (N-Methyl-N-isopropyltryptamine).
 6803         i. 5-Hydroxy-AMT (5-Hydroxy-alpha-methyltryptamine).
 6804         j. 5-Hydroxy-N-methyltryptamine.
 6805         k. 5-MeO-MiPT (5-Methoxy-N-methyl-N-isopropyltryptamine).
 6806         l. 5-MeO-AMT (5-Methoxy-alpha-methyltryptamine).
 6807         m. Methyltryptamine.
 6808         n. 5-MeO-DMT (5-Methoxy-N,N-dimethyltryptamine).
 6809         o. 5-Me-DMT (5-Methyl-N,N-dimethyltryptamine).
 6810         p. 5-MeO-DiPT (5-Methoxy-N,N-Diisopropyltryptamine).
 6811         q. DiPT (N,N-Diisopropyltryptamine).
 6812         r. DPT (N,N-Dipropyltryptamine).
 6813         s. 4-Hydroxy-DiPT (4-Hydroxy-N,N-diisopropyltryptamine).
 6814         t. 5-MeO-DALT (5-Methoxy-N,N-Diallyltryptamine).
 6815         u. 4-AcO-DMT (4-Acetoxy-N,N-dimethyltryptamine).
 6816         v. 4-AcO-DiPT (4-Acetoxy-N,N-diisopropyltryptamine).
 6817         w. 4-Hydroxy-DET (4-Hydroxy-N,N-diethyltryptamine).
 6818         x. 4-Hydroxy-MET (4-Hydroxy-N-methyl-N-ethyltryptamine).
 6819         y. 4-Hydroxy-MiPT (4-Hydroxy-N-methyl-N
 6820  isopropyltryptamine).
 6821         z. Methyl-alpha-ethyltryptamine.
 6822         aa. Bromo-DALT (Bromo-N,N-diallyltryptamine),
 6823  
 6824  which does not include tryptamine, psilocyn as described in
 6825  subparagraph 33. subparagraph 34., or psilocybin as described in
 6826  subparagraph 32. subparagraph 33.
 6827         194.195. Substituted Phenylcyclohexylamines.—Unless
 6828  specifically excepted or unless listed in another schedule, or
 6829  contained within a pharmaceutical product approved by the United
 6830  States Food and Drug Administration, any material, compound,
 6831  mixture, or preparation containing a phenylcyclohexylamine
 6832  structure, with or without any substitution on the phenyl ring,
 6833  any substitution on the cyclohexyl ring, any replacement of the
 6834  phenyl ring with a thiophenyl or benzothiophenyl ring, with or
 6835  without substitution on the amine with alkyl, dialkyl, or alkoxy
 6836  substituents, inclusion of the nitrogen in a cyclic structure,
 6837  or any combination of the above, including, but not limited to:
 6838         a. BTCP (Benzothiophenylcyclohexylpiperidine) or BCP
 6839  (Benocyclidine).
 6840         b. PCE (N-Ethyl-1-phenylcyclohexylamine)(Ethylamine analog
 6841  of phencyclidine).
 6842         c. PCPY (N-(1-Phenylcyclohexyl)-pyrrolidine)(Pyrrolidine
 6843  analog of phencyclidine).
 6844         d. PCPr (Phenylcyclohexylpropylamine).
 6845         e. TCP (1-[1-(2-Thienyl)-cyclohexyl]-piperidine)(Thiophene
 6846  analog of phencyclidine).
 6847         f. PCEEA (Phenylcyclohexyl(ethoxyethylamine)).
 6848         g. PCMPA (Phenylcyclohexyl(methoxypropylamine)).
 6849         h. Methoxetamine.
 6850         i. 3-Methoxy-PCE ((3-Methoxyphenyl)cyclohexylethylamine).
 6851         j. Bromo-PCP ((Bromophenyl)cyclohexylpiperidine).
 6852         k. Chloro-PCP ((Chlorophenyl)cyclohexylpiperidine).
 6853         l. Fluoro-PCP ((Fluorophenyl)cyclohexylpiperidine).
 6854         m. Hydroxy-PCP ((Hydroxyphenyl)cyclohexylpiperidine).
 6855         n. Methoxy-PCP ((Methoxyphenyl)cyclohexylpiperidine).
 6856         o. Methyl-PCP ((Methylphenyl)cyclohexylpiperidine).
 6857         p. Nitro-PCP ((Nitrophenyl)cyclohexylpiperidine).
 6858         q. Oxo-PCP ((Oxophenyl)cyclohexylpiperidine).
 6859         r. Amino-PCP ((Aminophenyl)cyclohexylpiperidine).
 6860         195.196. W-15, 4-chloro-N-[1-(2-phenylethyl)-2
 6861  piperidinylidene]-benzenesulfonamide.
 6862         196.197. W-18, 4-chloro-N-[1-[2-(4-nitrophenyl)ethyl]-2
 6863  piperidinylidene]-benzenesulfonamide.
 6864         197.198. AH-7921, 3,4-dichloro-N-[[1
 6865  (dimethylamino)cyclohexyl]methyl]-benzamide.
 6866         198.199. U47700, trans-3,4-dichloro-N-[2
 6867  (dimethylamino)cyclohexyl]-N-methyl-benzamide.
 6868         199.200. MT-45, 1-cyclohexyl-4-(1,2-diphenylethyl)
 6869  piperazine, dihydrochloride.
 6870  
 6871         Section 10. Subsections (3), (6), and (9) of section
 6872  893.13, Florida Statutes, are amended, and a new subsection (10)
 6873  is added to that section, to read:
 6874         893.13 Prohibited acts; penalties.—
 6875         (3)A person who delivers, without consideration, 20 grams
 6876  or less of cannabis, as defined in this chapter, commits a
 6877  misdemeanor of the first degree, punishable as provided in s.
 6878  775.082 or s. 775.083. As used in this subsection, the term
 6879  “cannabis” does not include the resin extracted from the plants
 6880  of the genus Cannabis or any compound manufacture, salt,
 6881  derivative, mixture, or preparation of such resin.
 6882         (5)(a)(6)(a) A person may not be in actual or constructive
 6883  possession of a controlled substance unless such controlled
 6884  substance was lawfully obtained from a practitioner or pursuant
 6885  to a valid prescription or order of a practitioner while acting
 6886  in the course of his or her professional practice or to be in
 6887  actual or constructive possession of a controlled substance
 6888  except as otherwise authorized by this chapter. A person who
 6889  violates this provision commits a felony of the third degree,
 6890  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 6891         (b)If the offense is the possession of 20 grams or less of
 6892  cannabis, as defined in this chapter, the person commits a
 6893  misdemeanor of the first degree, punishable as provided in s.
 6894  775.082 or s. 775.083. As used in this subsection, the term
 6895  “cannabis” does not include the resin extracted from the plants
 6896  of the genus Cannabis, or any compound manufacture, salt,
 6897  derivative, mixture, or preparation of such resin.
 6898         (b)(c) Except as provided in this chapter, a person may not
 6899  possess more than 10 grams of any substance named or described
 6900  in s. 893.03(1)(a), (1)(b), or (2)(b), or any combination
 6901  thereof, or any mixture containing any such substance. A person
 6902  who violates this paragraph commits a felony of the first
 6903  degree, punishable as provided in s. 775.082, s. 775.083, or s.
 6904  775.084.
 6905         (c)(d) If the offense is possession of a controlled
 6906  substance named or described in s. 893.03(5), the person commits
 6907  a misdemeanor of the second degree, punishable as provided in s.
 6908  775.082 or s. 775.083.
 6909         (e)Notwithstanding any provision to the contrary of the
 6910  laws of this state relating to arrest, a law enforcement officer
 6911  may arrest without warrant any person who the officer has
 6912  probable cause to believe is violating the provisions of this
 6913  chapter relating to possession of cannabis.
 6914         (8)(9)The provisions of Subsections (1)-(7) (1)-(8) are
 6915  not applicable to the delivery to, or actual or constructive
 6916  possession for medical or scientific use or purpose only of
 6917  controlled substances by, persons included in any of the
 6918  following classes, or the agents or employees of such persons,
 6919  for use in the usual course of their business or profession or
 6920  in the performance of their official duties:
 6921         (a) Pharmacists.
 6922         (b) Practitioners.
 6923         (c) Persons who procure controlled substances in good faith
 6924  and in the course of professional practice only, by or under the
 6925  supervision of pharmacists or practitioners employed by them, or
 6926  for the purpose of lawful research, teaching, or testing, and
 6927  not for resale.
 6928         (d) Hospitals that procure controlled substances for lawful
 6929  administration by practitioners, but only for use by or in the
 6930  particular hospital.
 6931         (e) Officers or employees of state, federal, or local
 6932  governments acting in their official capacity only, or informers
 6933  acting under their jurisdiction.
 6934         (f) Common carriers.
 6935         (g) Manufacturers, wholesalers, and distributors.
 6936         (h) Law enforcement officers for bona fide law enforcement
 6937  purposes in the course of an active criminal investigation.
 6938         (10)Subsections (1)-(7) are not applicable to conduct
 6939  authorized under chapter 566.
 6940         Section 11. Subsection (1) of section 893.135, Florida
 6941  Statutes, is amended to read:
 6942         893.135 Trafficking; mandatory sentences; suspension or
 6943  reduction of sentences; conspiracy to engage in trafficking.—
 6944         (1) Except as authorized in this chapter, or in chapter
 6945  499, or chapter 566 and notwithstanding the provisions of s.
 6946  893.13:
 6947         (a)Any person who knowingly sells, purchases,
 6948  manufactures, delivers, or brings into this state, or who is
 6949  knowingly in actual or constructive possession of, in excess of
 6950  25 pounds of cannabis, or 300 or more cannabis plants, commits a
 6951  felony of the first degree, which felony shall be known as
 6952  “trafficking in cannabis,” punishable as provided in s. 775.082,
 6953  s. 775.083, or s. 775.084. If the quantity of cannabis involved:
 6954         1.Is in excess of 25 pounds, but less than 2,000 pounds,
 6955  or is 300 or more cannabis plants, but not more than 2,000
 6956  cannabis plants, such person shall be sentenced to a mandatory
 6957  minimum term of imprisonment of 3 years, and the defendant shall
 6958  be ordered to pay a fine of $25,000.
 6959         2.Is 2,000 pounds or more, but less than 10,000 pounds, or
 6960  is 2,000 or more cannabis plants, but not more than 10,000
 6961  cannabis plants, such person shall be sentenced to a mandatory
 6962  minimum term of imprisonment of 7 years, and the defendant shall
 6963  be ordered to pay a fine of $50,000.
 6964         3.Is 10,000 pounds or more, or is 10,000 or more cannabis
 6965  plants, such person shall be sentenced to a mandatory minimum
 6966  term of imprisonment of 15 calendar years and pay a fine of
 6967  $200,000.
 6968  
 6969  For the purpose of this paragraph, a plant, including, but not
 6970  limited to, a seedling or cutting, is a “cannabis plant” if it
 6971  has some readily observable evidence of root formation, such as
 6972  root hairs. To determine if a piece or part of a cannabis plant
 6973  severed from the cannabis plant is itself a cannabis plant, the
 6974  severed piece or part must have some readily observable evidence
 6975  of root formation, such as root hairs. Callous tissue is not
 6976  readily observable evidence of root formation. The viability and
 6977  sex of a plant and the fact that the plant may or may not be a
 6978  dead harvested plant are not relevant in determining if the
 6979  plant is a “cannabis plant” or in the charging of an offense
 6980  under this paragraph. Upon conviction, the court shall impose
 6981  the longest term of imprisonment provided for in this paragraph.
 6982         (a)1.(b)1. Any person who knowingly sells, purchases,
 6983  manufactures, delivers, or brings into this state, or who is
 6984  knowingly in actual or constructive possession of, 28 grams or
 6985  more of cocaine, as described in s. 893.03(2)(a)4., or of any
 6986  mixture containing cocaine, but less than 150 kilograms of
 6987  cocaine or any such mixture, commits a felony of the first
 6988  degree, which felony shall be known as “trafficking in cocaine,”
 6989  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 6990  If the quantity involved:
 6991         a. Is 28 grams or more, but less than 200 grams, such
 6992  person shall be sentenced to a mandatory minimum term of
 6993  imprisonment of 3 years, and the defendant shall be ordered to
 6994  pay a fine of $50,000.
 6995         b. Is 200 grams or more, but less than 400 grams, such
 6996  person shall be sentenced to a mandatory minimum term of
 6997  imprisonment of 7 years, and the defendant shall be ordered to
 6998  pay a fine of $100,000.
 6999         c. Is 400 grams or more, but less than 150 kilograms, such
 7000  person shall be sentenced to a mandatory minimum term of
 7001  imprisonment of 15 calendar years and pay a fine of $250,000.
 7002         2. Any person who knowingly sells, purchases, manufactures,
 7003  delivers, or brings into this state, or who is knowingly in
 7004  actual or constructive possession of, 150 kilograms or more of
 7005  cocaine, as described in s. 893.03(2)(a)4., commits the first
 7006  degree felony of trafficking in cocaine. A person who has been
 7007  convicted of the first degree felony of trafficking in cocaine
 7008  under this subparagraph shall be punished by life imprisonment
 7009  and is ineligible for any form of discretionary early release
 7010  except pardon or executive clemency or conditional medical
 7011  release under s. 947.149. However, if the court determines that,
 7012  in addition to committing any act specified in this paragraph:
 7013         a. The person intentionally killed an individual or
 7014  counseled, commanded, induced, procured, or caused the
 7015  intentional killing of an individual and such killing was the
 7016  result; or
 7017         b. The person’s conduct in committing that act led to a
 7018  natural, though not inevitable, lethal result,
 7019  
 7020  such person commits the capital felony of trafficking in
 7021  cocaine, punishable as provided in ss. 775.082 and 921.142. Any
 7022  person sentenced for a capital felony under this paragraph shall
 7023  also be sentenced to pay the maximum fine provided under
 7024  subparagraph 1.
 7025         3. Any person who knowingly brings into this state 300
 7026  kilograms or more of cocaine, as described in s. 893.03(2)(a)4.,
 7027  and who knows that the probable result of such importation would
 7028  be the death of any person, commits capital importation of
 7029  cocaine, a capital felony punishable as provided in ss. 775.082
 7030  and 921.142. Any person sentenced for a capital felony under
 7031  this paragraph shall also be sentenced to pay the maximum fine
 7032  provided under subparagraph 1.
 7033         (b)1.(c)1. A person who knowingly sells, purchases,
 7034  manufactures, delivers, or brings into this state, or who is
 7035  knowingly in actual or constructive possession of, 4 grams or
 7036  more of any morphine, opium, hydromorphone, or any salt,
 7037  derivative, isomer, or salt of an isomer thereof, including
 7038  heroin, as described in s. 893.03(1)(b), (2)(a), (3)(c)3., or
 7039  (3)(c)4., or 4 grams or more of any mixture containing any such
 7040  substance, but less than 30 kilograms of such substance or
 7041  mixture, commits a felony of the first degree, which felony
 7042  shall be known as “trafficking in illegal drugs,” punishable as
 7043  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 7044  quantity involved:
 7045         a. Is 4 grams or more, but less than 14 grams, such person
 7046  shall be sentenced to a mandatory minimum term of imprisonment
 7047  of 3 years and shall be ordered to pay a fine of $50,000.
 7048         b. Is 14 grams or more, but less than 28 grams, such person
 7049  shall be sentenced to a mandatory minimum term of imprisonment
 7050  of 15 years and shall be ordered to pay a fine of $100,000.
 7051         c. Is 28 grams or more, but less than 30 kilograms, such
 7052  person shall be sentenced to a mandatory minimum term of
 7053  imprisonment of 25 years and shall be ordered to pay a fine of
 7054  $500,000.
 7055         2. A person who knowingly sells, purchases, manufactures,
 7056  delivers, or brings into this state, or who is knowingly in
 7057  actual or constructive possession of, 28 grams or more of
 7058  hydrocodone, as described in s. 893.03(2)(a)1.k., codeine, as
 7059  described in s. 893.03(2)(a)1.g., or any salt thereof, or 28
 7060  grams or more of any mixture containing any such substance,
 7061  commits a felony of the first degree, which felony shall be
 7062  known as “trafficking in hydrocodone,” punishable as provided in
 7063  s. 775.082, s. 775.083, or s. 775.084. If the quantity involved:
 7064         a. Is 28 grams or more, but less than 50 grams, such person
 7065  shall be sentenced to a mandatory minimum term of imprisonment
 7066  of 3 years and shall be ordered to pay a fine of $50,000.
 7067         b. Is 50 grams or more, but less than 100 grams, such
 7068  person shall be sentenced to a mandatory minimum term of
 7069  imprisonment of 7 years and shall be ordered to pay a fine of
 7070  $100,000.
 7071         c. Is 100 grams or more, but less than 300 grams, such
 7072  person shall be sentenced to a mandatory minimum term of
 7073  imprisonment of 15 years and shall be ordered to pay a fine of
 7074  $500,000.
 7075         d. Is 300 grams or more, but less than 30 kilograms, such
 7076  person shall be sentenced to a mandatory minimum term of
 7077  imprisonment of 25 years and shall be ordered to pay a fine of
 7078  $750,000.
 7079         3. A person who knowingly sells, purchases, manufactures,
 7080  delivers, or brings into this state, or who is knowingly in
 7081  actual or constructive possession of, 7 grams or more of
 7082  oxycodone, as described in s. 893.03(2)(a)1.q., or any salt
 7083  thereof, or 7 grams or more of any mixture containing any such
 7084  substance, commits a felony of the first degree, which felony
 7085  shall be known as “trafficking in oxycodone,” punishable as
 7086  provided in s. 775.082, s. 775.083, or s. 775.084. If the
 7087  quantity involved:
 7088         a. Is 7 grams or more, but less than 14 grams, such person
 7089  shall be sentenced to a mandatory minimum term of imprisonment
 7090  of 3 years and shall be ordered to pay a fine of $50,000.
 7091         b. Is 14 grams or more, but less than 25 grams, such person
 7092  shall be sentenced to a mandatory minimum term of imprisonment
 7093  of 7 years and shall be ordered to pay a fine of $100,000.
 7094         c. Is 25 grams or more, but less than 100 grams, such
 7095  person shall be sentenced to a mandatory minimum term of
 7096  imprisonment of 15 years and shall be ordered to pay a fine of
 7097  $500,000.
 7098         d. Is 100 grams or more, but less than 30 kilograms, such
 7099  person shall be sentenced to a mandatory minimum term of
 7100  imprisonment of 25 years and shall be ordered to pay a fine of
 7101  $750,000.
 7102         4.a. A person who knowingly sells, purchases, manufactures,
 7103  delivers, or brings into this state, or who is knowingly in
 7104  actual or constructive possession of, 4 grams or more of:
 7105         (I) Alfentanil, as described in s. 893.03(2)(b)1.;
 7106         (II) Carfentanil, as described in s. 893.03(2)(b)6.;
 7107         (III) Fentanyl, as described in s. 893.03(2)(b)9.;
 7108         (IV) Sufentanil, as described in s. 893.03(2)(b)30.;
 7109         (V) A fentanyl derivative, as described in s.
 7110  893.03(1)(a)62.;
 7111         (VI) A controlled substance analog, as described in s.
 7112  893.0356, of any substance described in sub-sub-subparagraphs
 7113  (I)-(V); or
 7114         (VII) A mixture containing any substance described in sub
 7115  sub-subparagraphs (I)-(VI),
 7116  
 7117  commits a felony of the first degree, which felony shall be
 7118  known as “trafficking in fentanyl,” punishable as provided in s.
 7119  775.082, s. 775.083, or s. 775.084.
 7120         b. If the quantity involved under sub-subparagraph a.:
 7121         (I) Is 4 grams or more, but less than 14 grams, such person
 7122  shall be sentenced to a mandatory minimum term of imprisonment
 7123  of 3 years, and shall be ordered to pay a fine of $50,000.
 7124         (II) Is 14 grams or more, but less than 28 grams, such
 7125  person shall be sentenced to a mandatory minimum term of
 7126  imprisonment of 15 years, and shall be ordered to pay a fine of
 7127  $100,000.
 7128         (III) Is 28 grams or more, such person shall be sentenced
 7129  to a mandatory minimum term of imprisonment of 25 years, and
 7130  shall be ordered to pay a fine of $500,000.
 7131         5. A person who knowingly sells, purchases, manufactures,
 7132  delivers, or brings into this state, or who is knowingly in
 7133  actual or constructive possession of, 30 kilograms or more of
 7134  any morphine, opium, oxycodone, hydrocodone, codeine,
 7135  hydromorphone, or any salt, derivative, isomer, or salt of an
 7136  isomer thereof, including heroin, as described in s.
 7137  893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or 30 kilograms or
 7138  more of any mixture containing any such substance, commits the
 7139  first degree felony of trafficking in illegal drugs. A person
 7140  who has been convicted of the first degree felony of trafficking
 7141  in illegal drugs under this subparagraph shall be punished by
 7142  life imprisonment and is ineligible for any form of
 7143  discretionary early release except pardon or executive clemency
 7144  or conditional medical release under s. 947.149. However, if the
 7145  court determines that, in addition to committing any act
 7146  specified in this paragraph:
 7147         a. The person intentionally killed an individual or
 7148  counseled, commanded, induced, procured, or caused the
 7149  intentional killing of an individual and such killing was the
 7150  result; or
 7151         b. The person’s conduct in committing that act led to a
 7152  natural, though not inevitable, lethal result,
 7153  
 7154  such person commits the capital felony of trafficking in illegal
 7155  drugs, punishable as provided in ss. 775.082 and 921.142. A
 7156  person sentenced for a capital felony under this paragraph shall
 7157  also be sentenced to pay the maximum fine provided under
 7158  subparagraph 1.
 7159         6. A person who knowingly brings into this state 60
 7160  kilograms or more of any morphine, opium, oxycodone,
 7161  hydrocodone, codeine, hydromorphone, or any salt, derivative,
 7162  isomer, or salt of an isomer thereof, including heroin, as
 7163  described in s. 893.03(1)(b), (2)(a), (3)(c)3., or (3)(c)4., or
 7164  60 kilograms or more of any mixture containing any such
 7165  substance, and who knows that the probable result of such
 7166  importation would be the death of a person, commits capital
 7167  importation of illegal drugs, a capital felony punishable as
 7168  provided in ss. 775.082 and 921.142. A person sentenced for a
 7169  capital felony under this paragraph shall also be sentenced to
 7170  pay the maximum fine provided under subparagraph 1.
 7171         (c)1.(d)1. Any person who knowingly sells, purchases,
 7172  manufactures, delivers, or brings into this state, or who is
 7173  knowingly in actual or constructive possession of, 28 grams or
 7174  more of phencyclidine, as described in s. 893.03(2)(b)23., a
 7175  substituted phenylcyclohexylamine, as described in s.
 7176  893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
 7177  in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
 7178  893.03(1)(c)13., 32., 38., 103., or 146., or of any mixture
 7179  containing phencyclidine, as described in s. 893.03(2)(b)23., a
 7180  substituted phenylcyclohexylamine, as described in s.
 7181  893.03(1)(c)194. s. 893.03(1)(c)195., or a substance described
 7182  in s. 893.03(1)(c)12., 31., 37., 102., or 145. s.
 7183  893.03(1)(c)13., 32., 38., 103., or 146., commits a felony of
 7184  the first degree, which felony shall be known as “trafficking in
 7185  phencyclidine,” punishable as provided in s. 775.082, s.
 7186  775.083, or s. 775.084. If the quantity involved:
 7187         a. Is 28 grams or more, but less than 200 grams, such
 7188  person shall be sentenced to a mandatory minimum term of
 7189  imprisonment of 3 years, and the defendant shall be ordered to
 7190  pay a fine of $50,000.
 7191         b. Is 200 grams or more, but less than 400 grams, such
 7192  person shall be sentenced to a mandatory minimum term of
 7193  imprisonment of 7 years, and the defendant shall be ordered to
 7194  pay a fine of $100,000.
 7195         c. Is 400 grams or more, such person shall be sentenced to
 7196  a mandatory minimum term of imprisonment of 15 calendar years
 7197  and pay a fine of $250,000.
 7198         2. Any person who knowingly brings into this state 800
 7199  grams or more of phencyclidine, as described in s.
 7200  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 7201  described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
 7202  substance described in s. 893.03(1)(c)12., 31., 37., 102., or
 7203  145. s. 893.03(1)(c)13., 32., 38., 103., or 146., or of any
 7204  mixture containing phencyclidine, as described in s.
 7205  893.03(2)(b)23., a substituted phenylcyclohexylamine, as
 7206  described in s. 893.03(1)(c)194. s. 893.03(1)(c)195., or a
 7207  substance described in s. 893.03(1)(c)12., 31., 37., 102., or
 7208  145. s. 893.03(1)(c)13., 32., 38., 103., or 146., and who knows
 7209  that the probable result of such importation would be the death
 7210  of any person commits capital importation of phencyclidine, a
 7211  capital felony punishable as provided in ss. 775.082 and
 7212  921.142. Any person sentenced for a capital felony under this
 7213  paragraph shall also be sentenced to pay the maximum fine
 7214  provided under subparagraph 1.
 7215         (d)1.(e)1. Any person who knowingly sells, purchases,
 7216  manufactures, delivers, or brings into this state, or who is
 7217  knowingly in actual or constructive possession of, 200 grams or
 7218  more of methaqualone or of any mixture containing methaqualone,
 7219  as described in s. 893.03(1)(d), commits a felony of the first
 7220  degree, which felony shall be known as “trafficking in
 7221  methaqualone,” punishable as provided in s. 775.082, s. 775.083,
 7222  or s. 775.084. If the quantity involved:
 7223         a. Is 200 grams or more, but less than 5 kilograms, such
 7224  person shall be sentenced to a mandatory minimum term of
 7225  imprisonment of 3 years, and the defendant shall be ordered to
 7226  pay a fine of $50,000.
 7227         b. Is 5 kilograms or more, but less than 25 kilograms, such
 7228  person shall be sentenced to a mandatory minimum term of
 7229  imprisonment of 7 years, and the defendant shall be ordered to
 7230  pay a fine of $100,000.
 7231         c. Is 25 kilograms or more, such person shall be sentenced
 7232  to a mandatory minimum term of imprisonment of 15 calendar years
 7233  and pay a fine of $250,000.
 7234         2. Any person who knowingly brings into this state 50
 7235  kilograms or more of methaqualone or of any mixture containing
 7236  methaqualone, as described in s. 893.03(1)(d), and who knows
 7237  that the probable result of such importation would be the death
 7238  of any person commits capital importation of methaqualone, a
 7239  capital felony punishable as provided in ss. 775.082 and
 7240  921.142. Any person sentenced for a capital felony under this
 7241  paragraph shall also be sentenced to pay the maximum fine
 7242  provided under subparagraph 1.
 7243         (e)1.(f)1. Any person who knowingly sells, purchases,
 7244  manufactures, delivers, or brings into this state, or who is
 7245  knowingly in actual or constructive possession of, 14 grams or
 7246  more of amphetamine, as described in s. 893.03(2)(c)2., or
 7247  methamphetamine, as described in s. 893.03(2)(c)5., or of any
 7248  mixture containing amphetamine or methamphetamine, or
 7249  phenylacetone, phenylacetic acid, pseudoephedrine, or ephedrine
 7250  in conjunction with other chemicals and equipment utilized in
 7251  the manufacture of amphetamine or methamphetamine, commits a
 7252  felony of the first degree, which felony shall be known as
 7253  “trafficking in amphetamine,” punishable as provided in s.
 7254  775.082, s. 775.083, or s. 775.084. If the quantity involved:
 7255         a. Is 14 grams or more, but less than 28 grams, such person
 7256  shall be sentenced to a mandatory minimum term of imprisonment
 7257  of 3 years, and the defendant shall be ordered to pay a fine of
 7258  $50,000.
 7259         b. Is 28 grams or more, but less than 200 grams, such
 7260  person shall be sentenced to a mandatory minimum term of
 7261  imprisonment of 7 years, and the defendant shall be ordered to
 7262  pay a fine of $100,000.
 7263         c. Is 200 grams or more, such person shall be sentenced to
 7264  a mandatory minimum term of imprisonment of 15 calendar years
 7265  and pay a fine of $250,000.
 7266         2. Any person who knowingly manufactures or brings into
 7267  this state 400 grams or more of amphetamine, as described in s.
 7268  893.03(2)(c)2., or methamphetamine, as described in s.
 7269  893.03(2)(c)5., or of any mixture containing amphetamine or
 7270  methamphetamine, or phenylacetone, phenylacetic acid,
 7271  pseudoephedrine, or ephedrine in conjunction with other
 7272  chemicals and equipment used in the manufacture of amphetamine
 7273  or methamphetamine, and who knows that the probable result of
 7274  such manufacture or importation would be the death of any person
 7275  commits capital manufacture or importation of amphetamine, a
 7276  capital felony punishable as provided in ss. 775.082 and
 7277  921.142. Any person sentenced for a capital felony under this
 7278  paragraph shall also be sentenced to pay the maximum fine
 7279  provided under subparagraph 1.
 7280         (f)1.(g)1. Any person who knowingly sells, purchases,
 7281  manufactures, delivers, or brings into this state, or who is
 7282  knowingly in actual or constructive possession of, 4 grams or
 7283  more of flunitrazepam or any mixture containing flunitrazepam as
 7284  described in s. 893.03(1)(a) commits a felony of the first
 7285  degree, which felony shall be known as “trafficking in
 7286  flunitrazepam,” punishable as provided in s. 775.082, s.
 7287  775.083, or s. 775.084. If the quantity involved:
 7288         a. Is 4 grams or more but less than 14 grams, such person
 7289  shall be sentenced to a mandatory minimum term of imprisonment
 7290  of 3 years, and the defendant shall be ordered to pay a fine of
 7291  $50,000.
 7292         b. Is 14 grams or more but less than 28 grams, such person
 7293  shall be sentenced to a mandatory minimum term of imprisonment
 7294  of 7 years, and the defendant shall be ordered to pay a fine of
 7295  $100,000.
 7296         c. Is 28 grams or more but less than 30 kilograms, such
 7297  person shall be sentenced to a mandatory minimum term of
 7298  imprisonment of 25 calendar years and pay a fine of $500,000.
 7299         2. Any person who knowingly sells, purchases, manufactures,
 7300  delivers, or brings into this state or who is knowingly in
 7301  actual or constructive possession of 30 kilograms or more of
 7302  flunitrazepam or any mixture containing flunitrazepam as
 7303  described in s. 893.03(1)(a) commits the first degree felony of
 7304  trafficking in flunitrazepam. A person who has been convicted of
 7305  the first degree felony of trafficking in flunitrazepam under
 7306  this subparagraph shall be punished by life imprisonment and is
 7307  ineligible for any form of discretionary early release except
 7308  pardon or executive clemency or conditional medical release
 7309  under s. 947.149. However, if the court determines that, in
 7310  addition to committing any act specified in this paragraph:
 7311         a. The person intentionally killed an individual or
 7312  counseled, commanded, induced, procured, or caused the
 7313  intentional killing of an individual and such killing was the
 7314  result; or
 7315         b. The person’s conduct in committing that act led to a
 7316  natural, though not inevitable, lethal result,
 7317  
 7318  such person commits the capital felony of trafficking in
 7319  flunitrazepam, punishable as provided in ss. 775.082 and
 7320  921.142. Any person sentenced for a capital felony under this
 7321  paragraph shall also be sentenced to pay the maximum fine
 7322  provided under subparagraph 1.
 7323         (g)1.(h)1. Any person who knowingly sells, purchases,
 7324  manufactures, delivers, or brings into this state, or who is
 7325  knowingly in actual or constructive possession of, 1 kilogram or
 7326  more of gamma-hydroxybutyric acid (GHB), as described in s.
 7327  893.03(1)(d), or any mixture containing gamma-hydroxybutyric
 7328  acid (GHB), commits a felony of the first degree, which felony
 7329  shall be known as “trafficking in gamma-hydroxybutyric acid
 7330  (GHB),” punishable as provided in s. 775.082, s. 775.083, or s.
 7331  775.084. If the quantity involved:
 7332         a. Is 1 kilogram or more but less than 5 kilograms, such
 7333  person shall be sentenced to a mandatory minimum term of
 7334  imprisonment of 3 years, and the defendant shall be ordered to
 7335  pay a fine of $50,000.
 7336         b. Is 5 kilograms or more but less than 10 kilograms, such
 7337  person shall be sentenced to a mandatory minimum term of
 7338  imprisonment of 7 years, and the defendant shall be ordered to
 7339  pay a fine of $100,000.
 7340         c. Is 10 kilograms or more, such person shall be sentenced
 7341  to a mandatory minimum term of imprisonment of 15 calendar years
 7342  and pay a fine of $250,000.
 7343         2. Any person who knowingly manufactures or brings into
 7344  this state 150 kilograms or more of gamma-hydroxybutyric acid
 7345  (GHB), as described in s. 893.03(1)(d), or any mixture
 7346  containing gamma-hydroxybutyric acid (GHB), and who knows that
 7347  the probable result of such manufacture or importation would be
 7348  the death of any person commits capital manufacture or
 7349  importation of gamma-hydroxybutyric acid (GHB), a capital felony
 7350  punishable as provided in ss. 775.082 and 921.142. Any person
 7351  sentenced for a capital felony under this paragraph shall also
 7352  be sentenced to pay the maximum fine provided under subparagraph
 7353  1.
 7354         (h)1.(i)1. Any person who knowingly sells, purchases,
 7355  manufactures, delivers, or brings into this state, or who is
 7356  knowingly in actual or constructive possession of, 1 kilogram or
 7357  more of gamma-butyrolactone (GBL), as described in s.
 7358  893.03(1)(d), or any mixture containing gamma-butyrolactone
 7359  (GBL), commits a felony of the first degree, which felony shall
 7360  be known as “trafficking in gamma-butyrolactone (GBL),”
 7361  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7362  If the quantity involved:
 7363         a. Is 1 kilogram or more but less than 5 kilograms, such
 7364  person shall be sentenced to a mandatory minimum term of
 7365  imprisonment of 3 years, and the defendant shall be ordered to
 7366  pay a fine of $50,000.
 7367         b. Is 5 kilograms or more but less than 10 kilograms, such
 7368  person shall be sentenced to a mandatory minimum term of
 7369  imprisonment of 7 years, and the defendant shall be ordered to
 7370  pay a fine of $100,000.
 7371         c. Is 10 kilograms or more, such person shall be sentenced
 7372  to a mandatory minimum term of imprisonment of 15 calendar years
 7373  and pay a fine of $250,000.
 7374         2. Any person who knowingly manufactures or brings into the
 7375  state 150 kilograms or more of gamma-butyrolactone (GBL), as
 7376  described in s. 893.03(1)(d), or any mixture containing gamma
 7377  butyrolactone (GBL), and who knows that the probable result of
 7378  such manufacture or importation would be the death of any person
 7379  commits capital manufacture or importation of gamma
 7380  butyrolactone (GBL), a capital felony punishable as provided in
 7381  ss. 775.082 and 921.142. Any person sentenced for a capital
 7382  felony under this paragraph shall also be sentenced to pay the
 7383  maximum fine provided under subparagraph 1.
 7384         (i)1.(j)1. Any person who knowingly sells, purchases,
 7385  manufactures, delivers, or brings into this state, or who is
 7386  knowingly in actual or constructive possession of, 1 kilogram or
 7387  more of 1,4-Butanediol as described in s. 893.03(1)(d), or of
 7388  any mixture containing 1,4-Butanediol, commits a felony of the
 7389  first degree, which felony shall be known as “trafficking in
 7390  1,4-Butanediol,” punishable as provided in s. 775.082, s.
 7391  775.083, or s. 775.084. If the quantity involved:
 7392         a. Is 1 kilogram or more, but less than 5 kilograms, such
 7393  person shall be sentenced to a mandatory minimum term of
 7394  imprisonment of 3 years, and the defendant shall be ordered to
 7395  pay a fine of $50,000.
 7396         b. Is 5 kilograms or more, but less than 10 kilograms, such
 7397  person shall be sentenced to a mandatory minimum term of
 7398  imprisonment of 7 years, and the defendant shall be ordered to
 7399  pay a fine of $100,000.
 7400         c. Is 10 kilograms or more, such person shall be sentenced
 7401  to a mandatory minimum term of imprisonment of 15 calendar years
 7402  and pay a fine of $500,000.
 7403         2. Any person who knowingly manufactures or brings into
 7404  this state 150 kilograms or more of 1,4-Butanediol as described
 7405  in s. 893.03(1)(d), or any mixture containing 1,4-Butanediol,
 7406  and who knows that the probable result of such manufacture or
 7407  importation would be the death of any person commits capital
 7408  manufacture or importation of 1,4-Butanediol, a capital felony
 7409  punishable as provided in ss. 775.082 and 921.142. Any person
 7410  sentenced for a capital felony under this paragraph shall also
 7411  be sentenced to pay the maximum fine provided under subparagraph
 7412  1.
 7413         (j)1.(k)1. A person who knowingly sells, purchases,
 7414  manufactures, delivers, or brings into this state, or who is
 7415  knowingly in actual or constructive possession of, 10 grams or
 7416  more of a:
 7417         a. Substance described in s. 893.03(1)(c)4., 5., 9., 10.,
 7418  14., 16., 20.-26., 28., 38., 39.-44., 57., 71.-79., 80.-85.,
 7419  89.-101., 103.-107., 109.-112., 142.-144., 147.-149., 159.-162.,
 7420  164., or 186.-188. s. 893.03(1)(c)4., 5., 10., 11., 15., 17.,
 7421  21.-27., 29., 39., 40.-45., 58., 72.-80., 81.-86., 90.-102.,
 7422  104.-108., 110.-113., 143.-145., 148.-150., 160.-163., 165., or
 7423  187.-189., a substituted cathinone, as described in s.
 7424  893.03(1)(c)190. s. 893.03(1)(c)191., or substituted
 7425  phenethylamine, as described in s. 893.03(1)(c)191. s.
 7426  893.03(1)(c)192.;
 7427         b. Mixture containing any substance described in sub
 7428  subparagraph a.; or
 7429         c. Salt, isomer, ester, or ether or salt of an isomer,
 7430  ester, or ether of a substance described in sub-subparagraph a.,
 7431  
 7432  commits a felony of the first degree, which felony shall be
 7433  known as “trafficking in phenethylamines,” punishable as
 7434  provided in s. 775.082, s. 775.083, or s. 775.084.
 7435         2. If the quantity involved under subparagraph 1.:
 7436         a. Is 10 grams or more, but less than 200 grams, such
 7437  person shall be sentenced to a mandatory minimum term of
 7438  imprisonment of 3 years and shall be ordered to pay a fine of
 7439  $50,000.
 7440         b. Is 200 grams or more, but less than 400 grams, such
 7441  person shall be sentenced to a mandatory minimum term of
 7442  imprisonment of 7 years and shall be ordered to pay a fine of
 7443  $100,000.
 7444         c. Is 400 grams or more, such person shall be sentenced to
 7445  a mandatory minimum term of imprisonment of 15 years and shall
 7446  be ordered to pay a fine of $250,000.
 7447         3. A person who knowingly manufactures or brings into this
 7448  state 30 kilograms or more of a substance described in sub
 7449  subparagraph 1.a., a mixture described in sub-subparagraph 1.b.,
 7450  or a salt, isomer, ester, or ether or a salt of an isomer,
 7451  ester, or ether described in sub-subparagraph 1.c., and who
 7452  knows that the probable result of such manufacture or
 7453  importation would be the death of any person commits capital
 7454  manufacture or importation of phenethylamines, a capital felony
 7455  punishable as provided in ss. 775.082 and 921.142. A person
 7456  sentenced for a capital felony under this paragraph shall also
 7457  be sentenced to pay the maximum fine under subparagraph 2.
 7458         (k)1.(l)1. Any person who knowingly sells, purchases,
 7459  manufactures, delivers, or brings into this state, or who is
 7460  knowingly in actual or constructive possession of, 1 gram or
 7461  more of lysergic acid diethylamide (LSD) as described in s.
 7462  893.03(1)(c), or of any mixture containing lysergic acid
 7463  diethylamide (LSD), commits a felony of the first degree, which
 7464  felony shall be known as “trafficking in lysergic acid
 7465  diethylamide (LSD),” punishable as provided in s. 775.082, s.
 7466  775.083, or s. 775.084. If the quantity involved:
 7467         a. Is 1 gram or more, but less than 5 grams, such person
 7468  shall be sentenced to a mandatory minimum term of imprisonment
 7469  of 3 years, and the defendant shall be ordered to pay a fine of
 7470  $50,000.
 7471         b. Is 5 grams or more, but less than 7 grams, such person
 7472  shall be sentenced to a mandatory minimum term of imprisonment
 7473  of 7 years, and the defendant shall be ordered to pay a fine of
 7474  $100,000.
 7475         c. Is 7 grams or more, such person shall be sentenced to a
 7476  mandatory minimum term of imprisonment of 15 calendar years and
 7477  pay a fine of $500,000.
 7478         2. Any person who knowingly manufactures or brings into
 7479  this state 7 grams or more of lysergic acid diethylamide (LSD)
 7480  as described in s. 893.03(1)(c), or any mixture containing
 7481  lysergic acid diethylamide (LSD), and who knows that the
 7482  probable result of such manufacture or importation would be the
 7483  death of any person commits capital manufacture or importation
 7484  of lysergic acid diethylamide (LSD), a capital felony punishable
 7485  as provided in ss. 775.082 and 921.142. Any person sentenced for
 7486  a capital felony under this paragraph shall also be sentenced to
 7487  pay the maximum fine provided under subparagraph 1.
 7488         (l)1.(m)1. A person who knowingly sells, purchases,
 7489  manufactures, delivers, or brings into this state, or who is
 7490  knowingly in actual or constructive possession of, 280 grams or
 7491  more of a:
 7492         a. Substance described in s. 893.03(1)(c)29., 45.-49.,
 7493  113.-141., 150.-155., 165.-172., or 175.-185. s.
 7494  893.03(1)(c)30., 46.-50., 114.-142., 151.-156., 166.-173., or
 7495  176.-186. or a synthetic cannabinoid, as described in s.
 7496  893.03(1)(c)189. s. 893.03(1)(c)190.; or
 7497         b. Mixture containing any substance described in sub
 7498  subparagraph a.,
 7499  
 7500  commits a felony of the first degree, which felony shall be
 7501  known as “trafficking in synthetic cannabinoids,” punishable as
 7502  provided in s. 775.082, s. 775.083, or s. 775.084.
 7503         2. If the quantity involved under subparagraph 1.:
 7504         a. Is 280 grams or more, but less than 500 grams, such
 7505  person shall be sentenced to a mandatory minimum term of
 7506  imprisonment of 3 years, and the defendant shall be ordered to
 7507  pay a fine of $50,000.
 7508         b. Is 500 grams or more, but less than 1,000 grams, such
 7509  person shall be sentenced to a mandatory minimum term of
 7510  imprisonment of 7 years, and the defendant shall be ordered to
 7511  pay a fine of $100,000.
 7512         c. Is 1,000 grams or more, but less than 30 kilograms, such
 7513  person shall be sentenced to a mandatory minimum term of
 7514  imprisonment of 15 years, and the defendant shall be ordered to
 7515  pay a fine of $200,000.
 7516         d. Is 30 kilograms or more, such person shall be sentenced
 7517  to a mandatory minimum term of imprisonment of 25 years, and the
 7518  defendant shall be ordered to pay a fine of $750,000.
 7519         (m)1.(n)1. A person who knowingly sells, purchases,
 7520  manufactures, delivers, or brings into this state, or who is
 7521  knowingly in actual or constructive possession of, 14 grams or
 7522  more of:
 7523         a. A substance described in s. 893.03(1)(c)163., 173., or
 7524  174. s. 893.03(1)(c)164., 174., or 175., a n-benzyl
 7525  phenethylamine compound, as described in s. 893.03(1)(c)192. s.
 7526  893.03(1)(c)193.; or
 7527         b. A mixture containing any substance described in sub
 7528  subparagraph a.,
 7529  
 7530  commits a felony of the first degree, which felony shall be
 7531  known as “trafficking in n-benzyl phenethylamines,” punishable
 7532  as provided in s. 775.082, s. 775.083, or s. 775.084.
 7533         2. If the quantity involved under subparagraph 1.:
 7534         a. Is 14 grams or more, but less than 100 grams, such
 7535  person shall be sentenced to a mandatory minimum term of
 7536  imprisonment of 3 years, and the defendant shall be ordered to
 7537  pay a fine of $50,000.
 7538         b. Is 100 grams or more, but less than 200 grams, such
 7539  person shall be sentenced to a mandatory minimum term of
 7540  imprisonment of 7 years, and the defendant shall be ordered to
 7541  pay a fine of $100,000.
 7542         c. Is 200 grams or more, such person shall be sentenced to
 7543  a mandatory minimum term of imprisonment of 15 years, and the
 7544  defendant shall be ordered to pay a fine of $500,000.
 7545         3. A person who knowingly manufactures or brings into this
 7546  state 400 grams or more of a substance described in sub
 7547  subparagraph 1.a. or a mixture described in sub-subparagraph
 7548  1.b., and who knows that the probable result of such manufacture
 7549  or importation would be the death of any person commits capital
 7550  manufacture or importation of a n-benzyl phenethylamine
 7551  compound, a capital felony punishable as provided in ss. 775.082
 7552  and 921.142. A person sentenced for a capital felony under this
 7553  paragraph shall also be sentenced to pay the maximum fine under
 7554  subparagraph 2.
 7555         Section 12. Section 893.13501, Florida Statutes, is created
 7556  to read:
 7557         893.13501Retroactive effect of amendments to ss. 893.03,
 7558  893.13, and 893.135.-
 7559         (1)It is the intent of the Legislature to retroactively
 7560  apply changes to ss. 893.03, 893.13, and 893.135 made by this
 7561  act which are applicable to offenders who committed offenses on
 7562  or after the effective date of those provisions as originally
 7563  enacted. A person who committed an offense and is currently in
 7564  the custody of the Department of Corrections or subject to any
 7565  form of supervision shall be resentenced as provided in
 7566  subsection (2).
 7567         (2)Sentence review under this section must occur in the
 7568  following manner:
 7569         (a)The Department of Corrections shall notify the person
 7570  described in subsection (1) of his or her eligibility to request
 7571  a sentence review hearing.
 7572         (b)The person seeking sentence review under this section
 7573  may submit an application to the court of original jurisdiction
 7574  requesting that a sentence review hearing be held. The
 7575  sentencing court retains original jurisdiction for the duration
 7576  of the sentence for this purpose.
 7577         (c)A person who is eligible for a sentence review hearing
 7578  under this section is entitled to be represented by counsel. The
 7579  court shall appoint a public defender to represent the person if
 7580  he or she cannot afford an attorney.
 7581         (d)Upon receiving an application from the eligible person,
 7582  the court of original sentencing jurisdiction shall hold a
 7583  sentence review hearing to determine if the eligible person
 7584  meets the criteria for resentencing or release under this
 7585  section.
 7586         1.If the person has no further charges remaining, the
 7587  person must be released immediately.
 7588         2.If the court determines at the sentence review hearing
 7589  that the eligible person meets the criteria in this section for
 7590  resentencing, the court must resentence the person as provided
 7591  in this section; however, the new sentence may not exceed the
 7592  person’s original sentence with credit for time served.
 7593         3.If the court determines that such person does not meet
 7594  the criteria for resentencing under this section, the court must
 7595  provide written reasons why such person does not meet such
 7596  criteria.
 7597         (e)A person sentenced or resentenced pursuant to this
 7598  section is eligible to receive any gain-time pursuant to s.
 7599  944.275 which he or she was previously ineligible to receive due
 7600  to the original offense that is now subject to resentencing.
 7601         (3)This section does not apply to any offense that had
 7602  violence or a threat of violence as an element of the offense.
 7603         Section 13. Section 943.0586, Florida Statutes, is created
 7604  to read:
 7605         943.0586 Cannabis offense expunction and sealing.—
 7606         (1) DEFINITIONS.—As used in this section, the term:
 7607         (a) “Cannabis” has the same meaning as provided in s.
 7608  893.02.
 7609         (b) “Expunction” has the same meaning as in s. 943.045 and
 7610  the same effect as in s. 943.0585.
 7611         (c) “Former s. 893.13, Florida Statutes 2021,” is a
 7612  reference to s. 893.13 as it existed at any time before January
 7613  1, 2022.
 7614         (2) ELIGIBILITY.—Notwithstanding any other law, a person is
 7615  eligible to petition a court to expunge or seal a criminal
 7616  history record for the conviction of a violation of former s.
 7617  893.13, Florida Statutes 2021, if:
 7618         (a)1. The person has a conviction for possession of 30
 7619  grams or less of cannabis; and
 7620         2. The person is no longer under court supervision related
 7621  to the disposition of arrest or alleged criminal activity to
 7622  which the petition to expunge pertains,
 7623  
 7624  the record is eligible for sealing.
 7625         (b)1. The person has a conviction for possession of 500
 7626  grams or less of cannabis; and
 7627         2. The person is no longer under court supervision related
 7628  to the disposition of arrest or alleged criminal activity to
 7629  which the petition to expunge pertains,
 7630  
 7631  the record is eligible for expunction.
 7632         (3) CERTIFICATE OF ELIGIBILITY.—Before having a record
 7633  sealed under this section or petitioning a court to expunge a
 7634  criminal history record under this section, a person must apply
 7635  to the department for a certificate of eligibility for
 7636  expunction. The department shall adopt rules to establish
 7637  procedures for applying for and issuing a certificate of
 7638  eligibility for expunction.
 7639         (a) The department shall issue a certificate of eligibility
 7640  for expunction to a person who is the subject of a criminal
 7641  history record under this section if that person:
 7642         1. Satisfies the eligibility criteria in paragraph (2)(a)
 7643  or paragraph (2)(b);
 7644         2. Has submitted to the department a written certified
 7645  statement from the applicable state attorney or statewide
 7646  prosecutor which confirms the criminal history record complies
 7647  with the criteria in paragraph (2)(a) or paragraph (2)(b); and
 7648         3. Has submitted to the department a certified copy of the
 7649  disposition of the charge to which the petition to expunge or
 7650  seal pertains.
 7651         (b) A certificate of eligibility for expunction is valid
 7652  for 12 months after the date of issuance stamped by the
 7653  department on the certificate. After that time, the petitioner
 7654  must reapply to the department for a new certificate of
 7655  eligibility. The petitioner’s status and the law in effect at
 7656  the time of the renewal application determine the petitioner’s
 7657  eligibility.
 7658         (4) SEALING.—Upon determining that a person meets the
 7659  criteria in paragraph (2)(a), the department may have his or her
 7660  record sealed without a court hearing. The department shall seal
 7661  the record as provided in s. 943.0505(3) and shall provide the
 7662  person with a certificate of eligibility and a notification
 7663  indicating that the record has been sealed. Sealing of a
 7664  criminal history record under this subsection shall have the
 7665  same effect, and the department may disclose such a record in
 7666  the same manner, as a record sealed under s. 943.059.
 7667         (5) PETITION FOR EXPUNCTION.—Each petition to expunge a
 7668  criminal history record meeting the criteria for expunction
 7669  under paragraph (2)(b) must be accompanied by both of the
 7670  following:
 7671         (a) A valid certificate of eligibility issued by the
 7672  department.
 7673         (b) The petitioner’s sworn statement that he or she:
 7674         1. Satisfies the eligibility requirements for expunction in
 7675  subsection (2); and
 7676         2. Is eligible for expunction to the best of his or her
 7677  knowledge.
 7678         (6) PENALTIES.—A person who knowingly provides false
 7679  information on his or her sworn statement submitted with a
 7680  petition to expunge commits a felony of the third degree,
 7681  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
 7682         (7) COURT AUTHORITY.—
 7683         (a) The courts of this state have jurisdiction over their
 7684  own procedures, including the maintenance, expunction, and
 7685  correction of judicial records containing criminal history
 7686  information to the extent that such procedures are not
 7687  inconsistent with the conditions, responsibilities, and duties
 7688  established by this section.
 7689         (b) A court of competent jurisdiction shall order a
 7690  criminal justice agency to expunge the criminal history record
 7691  of a person who complies with this section. The court may not
 7692  order a criminal justice agency to expunge a criminal history
 7693  record under this section until the person seeking to expunge a
 7694  criminal history record has applied for and received a
 7695  certificate of eligibility under subsection (3).
 7696         (c) Expunction granted under this section does not prevent
 7697  the person who receives such relief from petitioning for the
 7698  expunction or sealing of a later criminal history record as
 7699  provided for in ss. 943.0583, 943.0585, and 943.059, if the
 7700  person is otherwise eligible under those sections.
 7701         (8) PROCESSING OF A PETITION OR AN ORDER.—
 7702         (a) In judicial proceedings under this section, a copy of
 7703  the completed petition to expunge must be served upon the
 7704  appropriate state attorney or the statewide prosecutor and upon
 7705  the arresting agency; however, it is not necessary to make any
 7706  agency other than the state a party to the proceeding. The
 7707  appropriate state attorney or the statewide prosecutor and the
 7708  arresting agency may respond to the court regarding the
 7709  completed petition to expunge.
 7710         (b) If relief is granted by the court, the clerk of the
 7711  court shall certify copies of the order to the appropriate state
 7712  attorney or the statewide prosecutor and the arresting agency.
 7713  The arresting agency shall forward the order to any other agency
 7714  to which the arresting agency disseminated the criminal history
 7715  record information to which the order pertains. The department
 7716  shall forward the order to expunge to the Federal Bureau of
 7717  Investigation. The clerk of the court shall certify a copy of
 7718  the order to any other agency that the records of the court
 7719  reflect has received the criminal history record from the court.
 7720         (c) The department or any other criminal justice agency is
 7721  not required to act on an order to expunge entered by a court if
 7722  such order does not meet the requirements of this section. Upon
 7723  receipt of such an order, the department shall notify the
 7724  issuing court, the appropriate state attorney or the statewide
 7725  prosecutor, the petitioner or the petitioner’s attorney, and the
 7726  arresting agency of the reason for noncompliance. The
 7727  appropriate state attorney or the statewide prosecutor shall
 7728  take action within 60 days to correct the record and petition
 7729  the court to void the order. No cause of action, including
 7730  contempt of court, may arise against any criminal justice agency
 7731  for failure to comply with an order to expunge if the petitioner
 7732  for such order failed to obtain the certificate of eligibility
 7733  as required by this section or such order does not otherwise
 7734  meet the requirements of this section.
 7735         (9) EFFECT OF CANNABIS OFFENSE EXPUNCTION ORDER.—
 7736         (a) A person who is the subject of a criminal history
 7737  record that is expunged under this section may lawfully deny or
 7738  fail to acknowledge the arrests and convictions covered by the
 7739  expunged record, except if the person who is the subject of the
 7740  record:
 7741         1. Is a candidate for employment with a criminal justice
 7742  agency;
 7743         2. Is a defendant in a criminal prosecution;
 7744         3. Concurrently or subsequently petitions for relief under
 7745  this section, s. 943.0583, s. 943.0585, or s. 943.059;
 7746         4. Is a candidate for admission to The Florida Bar;
 7747         5. Is seeking to be employed or licensed by or to contract
 7748  with the Department of Children and Families, the Division of
 7749  Vocational Rehabilitation within the Department of Education,
 7750  the Agency for Health Care Administration, the Agency for
 7751  Persons with Disabilities, the Department of Health, the
 7752  Department of Elderly Affairs, or the Department of Juvenile
 7753  Justice or to be employed or used by such contractor or licensee
 7754  in a sensitive position having direct contact with children,
 7755  persons with disabilities, or the elderly;
 7756         6. Is seeking to be employed or licensed by the Department
 7757  of Education, any district school board, any university
 7758  laboratory school, any charter school, any private or parochial
 7759  school, or any local governmental entity that licenses child
 7760  care facilities;
 7761         7. Is seeking to be licensed by the Division of Insurance
 7762  Agent and Agency Services within the Department of Financial
 7763  Services; or
 7764         8. Is seeking to be appointed as a guardian pursuant to s.
 7765  744.3125.
 7766         (b) A person who has been granted an expunction under this
 7767  section and who is authorized under paragraph (a) to lawfully
 7768  deny or fail to acknowledge the arrests and convictions covered
 7769  by an expunged record may not be held under any law of this
 7770  state to have committed perjury or to be otherwise liable for
 7771  giving a false statement by reason of his or her failure to
 7772  recite or acknowledge an expunged criminal history record.
 7773         Section 14. Paragraph (a) of subsection (3) of section
 7774  943.0595, Florida Statutes, is amended to read:
 7775         943.0595 Automatic sealing of criminal history records.—
 7776         (3) PROCESS FOR AND EFFECT OF AUTOMATIC SEALING.—
 7777         (a)1. Upon the disposition of a criminal case resulting in
 7778  a criminal history record eligible for automatic sealing under
 7779  paragraph (2)(a), the clerk of the court shall transmit a
 7780  certified copy of the disposition of the criminal history record
 7781  to the department.,
 7782         2. The department which shall immediately seal the criminal
 7783  history record upon receipt of the certified copy under
 7784  subparagraph 1. or if the department determines, upon a request
 7785  made under s. 943.0856, that a record is eligible for sealing
 7786  under s. 943.0586(2)(a).
 7787         Section 15. Florida College System Cannabis Vocational
 7788  Pilot Program.—
 7789         (1) Definitions.—In this section, the term:
 7790         (a)“Board” means the State Board of Education.
 7791         (b) “Career in Cannabis Certificate” or “certificate” means
 7792  the certification awarded to a community college student who
 7793  completes a prescribed course of study in cannabis and cannabis
 7794  business industry-related classes and curriculum at a community
 7795  college awarded a program license.
 7796         (c) “Florida College System institution” has the same
 7797  meaning as provided in s. 1000.21, Florida Statutes.
 7798         (d) “Department” means the Department of Business and
 7799  Professional Regulation.
 7800         (e) “Licensee” means a community college awarded a program
 7801  license under this section.
 7802         (f) “Program” means the Florida College System Cannabis
 7803  Vocational Pilot Program.
 7804         (g) “Program license” means a Florida College System
 7805  institution Cannabis Vocational Pilot Program license issued to
 7806  a Florida College System institution under this section.
 7807         (2) ADMINISTRATION.—
 7808         (a)The department shall establish and administer the
 7809  program in coordination with the board. The department may issue
 7810  up to eight program licenses by September 1, 2022.
 7811         (b)Beginning with the 2023-2024 academic year, Florida
 7812  College System institutions awarded program licenses may offer
 7813  qualifying students a Career in Cannabis Certificate, which
 7814  includes courses that allow participating students to work with,
 7815  study, and grow live cannabis plants to prepare students for a
 7816  career in the legal cannabis industry and that instruct
 7817  participating students on the best business practices,
 7818  professional responsibilities, and legal compliance with the
 7819  cannabis business industry.
 7820         (c) The board may adopt rules to implement this section.
 7821         (d) Notwithstanding any other provision of this section,
 7822  students must be at least 18 years of age in order to enroll in
 7823  a licensee’s Career in Cannabis Certificate’s prescribed course
 7824  of study.
 7825         (3) ISSUANCE OF LICENSES.—
 7826         (a) The department shall adopt rules regulating the
 7827  selection criteria for applicants for a program license by
 7828  January 1, 2022. The department shall make the application for a
 7829  program license available no later than February 1, 2022, and
 7830  must require applicants to submit their completed applications
 7831  by July 1, 2022.
 7832         (b) The department shall by rule develop a system to score
 7833  program licenses to administratively rank applications based on
 7834  the clarity, organization, and quality of the applicant’s
 7835  responses to required information. Applicants shall be awarded
 7836  points that are based on or that meet the following categories:
 7837         1. Geographic diversity of the applicants.
 7838         2. Experience and credentials of the applicant’s faculty.
 7839         3. At least five program licenses must be awarded to
 7840  Florida College System institutions where for the preceding 4
 7841  years, more than 50 percent of the student population were low
 7842  income individuals.
 7843         4. Security plan, including a requirement that all cannabis
 7844  plants be in an enclosed, locked facility.
 7845         5. Curriculum plan, including processing and testing
 7846  curriculum for the Career in Cannabis Certificate.
 7847         6. Career advising and placement plan for participating
 7848  students.
 7849         7. Any other criteria the department may set by rule.
 7850         (4) PROGRAM REQUIREMENTS AND PROHIBITIONS.—
 7851         (a) Licensees may not have more than 50 flowering cannabis
 7852  plants at any one time.
 7853         (b) The agent-in-charge shall keep a vault log of the
 7854  licensee’s enclosed, locked facility or facilities, including,
 7855  but not limited to, each person entering the site location, the
 7856  time of entrance, the time of exit, and any other information
 7857  the department may set by rule.
 7858         (c) Cannabis may not be removed from the licensee’s
 7859  facility except for the limited purpose of shipping a sample to
 7860  a laboratory registered under chapter 566, Florida Statutes.
 7861         (d) The licensee must limit keys, access cards, and access
 7862  codes to the licensee’s enclosed, locked facility or facilities
 7863  to cannabis curriculum faculty and college security personnel
 7864  with a bona fide need to access the facility for emergency
 7865  purposes.
 7866         (e) A transporting organization may transport cannabis
 7867  produced pursuant to this section to a laboratory registered
 7868  under chapter 566, Florida Statutes. All other cannabis produced
 7869  by the licensee which was not shipped to a registered laboratory
 7870  must be destroyed within 5 weeks of being harvested.
 7871         (f) Licensees shall subscribe to the department’s cannabis
 7872  plant monitoring system.
 7873         (g) Licensees shall maintain a weekly inventory system.
 7874         (h) A student participating in the cannabis curriculum
 7875  necessary to obtain a certificate may not be in the licensee’s
 7876  facility unless a faculty agent-in-charge is also physically
 7877  present in the facility.
 7878         (i) Licensees shall conduct post-certificate followup
 7879  surveys and record participating students’ job placements within
 7880  the cannabis business industry within 1 year after the student
 7881  obtains the certificate.
 7882         (j) The board shall report annually to the department on
 7883  the race, ethnicity, and gender of all students participating in
 7884  the cannabis curriculum and which of those students obtain a
 7885  certificate.
 7886         (5) FACULTY.—
 7887         (a) All faculty members must maintain registration as an
 7888  agent-in-charge and have a valid agent identification card under
 7889  subsection (8) before teaching or participating in the
 7890  licensee’s cannabis curriculum that involves instruction offered
 7891  in the enclosed, locked facility or facilities.
 7892         (b) All faculty receiving an agent-in-charge registration
 7893  or agent identification card must successfully pass a background
 7894  check required by s. 566.3018, Florida Statutes, before
 7895  participating in a licensee’s cannabis curriculum that involves
 7896  instruction offered in the enclosed, locked facility.
 7897         (6) ENFORCEMENT.—
 7898         (a) The department has the authority to suspend a faculty
 7899  agent-in-charge or revoke an agent identification card for any
 7900  violation found under this section.
 7901         (b) The department has the authority to suspend or revoke
 7902  any program license for any violation found under this section.
 7903         (c) The board shall revoke the authority to offer the
 7904  certificate of any Florida College System institution that has
 7905  had its license revoked by the department.
 7906         (7) INSPECTION RIGHTS.
 7907         (a)A licensee’s enclosed, locked facilities are subject to
 7908  random inspections by the department and the Department of Law
 7909  Enforcement.
 7910         (b) This section does not give the department or the
 7911  Department of Law Enforcement a right of inspection or access to
 7912  any location on the licensee’s premises beyond the facilities
 7913  licensed under this section.
 7914         (8) FACULTY IDENTIFICATION CARD.—
 7915         (a)The department shall do all of the following:
 7916         1. Establish by rule the information required in an initial
 7917  application or renewal application for an agent identification
 7918  card submitted under this section and the nonrefundable fee to
 7919  accompany the initial application or renewal application.
 7920         2. Verify the information contained in an initial
 7921  application or renewal application for an agent identification
 7922  card submitted under this section, and approve or deny an
 7923  application within 30 days after receiving a completed initial
 7924  application or renewal application and all supporting
 7925  documentation required by rule.
 7926         3. Issue an agent identification card to a qualifying agent
 7927  within 15 business days after approving the initial application
 7928  or renewal application.
 7929         4. Enter the license number of the Florida College System
 7930  institution where the agent is employed.
 7931         5. Allow for an electronic initial application and renewal
 7932  application process and provide confirmation by electronic or
 7933  other methods that an application has been submitted. Each
 7934  department may by rule require prospective agents to file their
 7935  applications by electronic means and to provide notices to the
 7936  agents by electronic means.
 7937         (b) An agent must keep his or her identification card
 7938  visible at all times when in the enclosed, locked facility or
 7939  facilities for which he or she is an agent.
 7940         (c) The agent identification cards must contain all of the
 7941  following:
 7942         1. The name of the cardholder.
 7943         2. The date of issuance and expiration date of the
 7944  identification card.
 7945         3. A random 10-digit alphanumeric identification number
 7946  containing at least four numbers and at least four letters which
 7947  is unique to the holder.
 7948         4. A photograph of the cardholder.
 7949         5. The legal name of the Florida College System institution
 7950  employing the agent.
 7951         (d) An agent, upon termination of his or her employment,
 7952  must immediately return his or her agent identification card to
 7953  the Florida College System institution.
 7954         (e) An agent must immediately upon discovery of the loss of
 7955  his or her agent identification card report the loss to the
 7956  Department of Law Enforcement and the department.
 7957         (9) STUDY.—By December 31, 2027, the board must issue a
 7958  report to the Governor, the President of the Senate, and the
 7959  Speaker of the House of Representatives which includes all of
 7960  the following:
 7961         (a) The number of security incidents or infractions
 7962  reported by each licensee and any action taken or not taken.
 7963         (b) For Florida College System institutions participating
 7964  in the program, statistics based on race, ethnicity, and gender
 7965  for all of the following:
 7966         1. Students enrolled in Career in Cannabis Certificate
 7967  classes.
 7968         2. Successful completion rates for the certificate by
 7969  Florida College System institution students.
 7970         3. Postgraduate job placement of students who obtained a
 7971  certificate, including both cannabis business establishment jobs
 7972  and noncannabis business establishment jobs.
 7973         4. Any other relevant information.
 7974         (10) REPEAL.—This section is repealed July 1, 2028.
 7975         Section 16. Paragraph (a) of subsection (2) and paragraph
 7976  (a) of subsection (3) of section 456.0635, Florida Statutes, is
 7977  amended to read:
 7978         456.0635 Health care fraud; disqualification for license,
 7979  certificate, or registration.—
 7980         (2) Each board within the jurisdiction of the department,
 7981  or the department if there is no board, shall refuse to admit a
 7982  candidate to any examination and refuse to issue a license,
 7983  certificate, or registration to any applicant if the candidate
 7984  or applicant or any principal, officer, agent, managing
 7985  employee, or affiliated person of the candidate or applicant:
 7986         (a) Has been convicted of, or entered a plea of guilty or
 7987  nolo contendere to, regardless of adjudication, a felony under
 7988  chapter 409, chapter 817, or chapter 893, or a similar felony
 7989  offense committed in another state or jurisdiction, unless the
 7990  candidate or applicant has successfully completed a pretrial
 7991  diversion or drug court program for that felony and provides
 7992  proof that the plea has been withdrawn or the charges have been
 7993  dismissed. Any such conviction or plea shall exclude the
 7994  applicant or candidate from licensure, examination,
 7995  certification, or registration unless the sentence and any
 7996  subsequent period of probation for such conviction or plea
 7997  ended:
 7998         1. For felonies of the first or second degree, more than 15
 7999  years before the date of application.
 8000         2. For felonies of the third degree, more than 10 years
 8001  before the date of application, except for felonies of the third
 8002  degree under s. 893.13(5)(a) s. 893.13(6)(a).
 8003         3. For felonies of the third degree under s. 893.13(5)(a)
 8004  s. 893.13(6)(a), more than 5 years before the date of
 8005  application;
 8006  
 8007  This subsection does not apply to an applicant for initial
 8008  licensure, certification, or registration who was arrested or
 8009  charged with a felony specified in paragraph (a) or paragraph
 8010  (b) before July 1, 2009.
 8011         (3) The department shall refuse to renew a license,
 8012  certificate, or registration of any applicant if the applicant
 8013  or any principal, officer, agent, managing employee, or
 8014  affiliated person of the applicant:
 8015         (a) Has been convicted of, or entered a plea of guilty or
 8016  nolo contendere to, regardless of adjudication, a felony under
 8017  chapter 409, chapter 817, or chapter 893, or a similar felony
 8018  offense committed in another state or jurisdiction, unless the
 8019  applicant is currently enrolled in a pretrial diversion or drug
 8020  court program that allows the withdrawal of the plea for that
 8021  felony upon successful completion of that program. Any such
 8022  conviction or plea excludes the applicant from licensure renewal
 8023  unless the sentence and any subsequent period of probation for
 8024  such conviction or plea ended:
 8025         1. For felonies of the first or second degree, more than 15
 8026  years before the date of application.
 8027         2. For felonies of the third degree, more than 10 years
 8028  before the date of application, except for felonies of the third
 8029  degree under s. 893.13(5)(a) s. 893.13(6)(a).
 8030         3. For felonies of the third degree under s. 893.13(5)(a)
 8031  s. 893.13(6)(a), more than 5 years before the date of
 8032  application.
 8033  
 8034  This subsection does not apply to an applicant for renewal of
 8035  licensure, certification, or registration who was arrested or
 8036  charged with a felony specified in paragraph (a) or paragraph
 8037  (b) before July 1, 2009.
 8038         Section 17. Paragraph (a) of subsection (2) of section
 8039  772.12, Florida Statutes, is amended to read:
 8040         772.12 Drug Dealer Liability Act.—
 8041         (2) A person, including any governmental entity, has a
 8042  cause of action for threefold the actual damages sustained and
 8043  is entitled to minimum damages in the amount of $1,000 and
 8044  reasonable attorney’s fees and court costs in the trial and
 8045  appellate courts, if the person proves by the greater weight of
 8046  the evidence that:
 8047         (a) The person was injured because of the defendant’s
 8048  actions that resulted in the defendant’s conviction for:
 8049         1. A violation of s. 893.13, except for a violation of s.
 8050  893.13(2)(a) or (b), (4), (5)(a) or (b), (6) s. 893.13(2)(a) or
 8051  (b), (3), (5), (6)(a), (b), or (c), (7); or
 8052         2. A violation of s. 893.135; and
 8053         Section 18. Paragraph (c) of subsection (4) of section
 8054  893.055, Florida Statutes, is amended to read:
 8055         893.055 Prescription drug monitoring program.—
 8056         (4) The following persons must be provided direct access to
 8057  information in the system:
 8058         (c) The program manager or designated program and support
 8059  staff to administer the system.
 8060         1. In order to calculate performance measures pursuant to
 8061  subsection (14), the program manager or program and support
 8062  staff members who have been directed by the program manager to
 8063  calculate performance measures may have direct access to
 8064  information that contains no identifying information of any
 8065  patient, physician, health care practitioner, prescriber, or
 8066  dispenser.
 8067         2. The program manager or designated program and support
 8068  staff must provide the department, upon request, data that does
 8069  not contain patient, physician, health care practitioner,
 8070  prescriber, or dispenser identifying information for public
 8071  health care and safety initiatives purposes.
 8072         3. The program manager, upon determining a pattern
 8073  consistent with the department’s rules established under
 8074  subsection (16), may provide relevant information to the
 8075  prescriber and dispenser.
 8076         4. The program manager, upon determining a pattern
 8077  consistent with the rules established under subsection (16) and
 8078  having cause to believe a violation of s. 893.13(6)(a)8., (7)(a)
 8079  or (7)(b) s. 893.13(7)(a)8., (8)(a), or (8)(b) has occurred, may
 8080  provide relevant information to the applicable law enforcement
 8081  agency.
 8082  
 8083  The program manager and designated program and support staff
 8084  must complete a level II background screening.
 8085         Section 19. Subsection (4) of section 893.0551, Florida
 8086  Statutes, is amended to read:
 8087         893.0551 Public records exemption for the prescription drug
 8088  monitoring program.—
 8089         (4) If the department determines consistent with its rules
 8090  that a pattern of controlled substance abuse exists, the
 8091  department may disclose such confidential and exempt information
 8092  to the applicable law enforcement agency in accordance with s.
 8093  893.055. The law enforcement agency may disclose to a criminal
 8094  justice agency, as defined in s. 119.011, only information
 8095  received from the department that is relevant to an identified
 8096  active investigation that is specific to a violation of s.
 8097  893.13(6)(a)8., (7)(a), or (7)(b) s. 893.13(7)(a)8., (8)(a), or
 8098  (8)(b).
 8099         Section 20. Section 893.15, Florida Statutes, is amended to
 8100  read:
 8101         893.15 Rehabilitation.—Any person who violates s.
 8102  893.13(5)(a) s. 893.13(6)(a) or (b) relating to possession may,
 8103  in the discretion of the trial judge, be required to participate
 8104  in a substance abuse services program approved or regulated by
 8105  the Department of Children and Families pursuant to the
 8106  provisions of chapter 397, provided the director of such program
 8107  approves the placement of the defendant in such program. Such
 8108  required participation shall be imposed in addition to any
 8109  penalty or probation otherwise prescribed by law. However, the
 8110  total time of such penalty, probation, and program participation
 8111  shall not exceed the maximum length of sentence possible for the
 8112  offense.
 8113         Section 21. Subsections (1) and (2) of section 893.21,
 8114  Florida Statutes, are amended to read:
 8115         893.21 Alcohol-related or drug-related overdoses; medical
 8116  assistance; immunity from arrest, charge, prosecution, and
 8117  penalization.—
 8118         (1) A person acting in good faith who seeks medical
 8119  assistance for an individual experiencing, or believed to be
 8120  experiencing, an alcohol-related or a drug-related overdose may
 8121  not be arrested, charged, prosecuted, or penalized for a
 8122  violation of s. 893.147(1) or s. 893.13(5) s. 893.13(6),
 8123  excluding paragraph (b) (c), if the evidence for such offense
 8124  was obtained as a result of the person’s seeking medical
 8125  assistance.
 8126         (2) A person who experiences, or has a good faith belief
 8127  that he or she is experiencing, an alcohol-related or a drug
 8128  related overdose and is in need of medical assistance may not be
 8129  arrested, charged, prosecuted, or penalized for a violation of
 8130  s. 893.147(1) or s. 893.13(5) s. 893.13(6), excluding paragraph
 8131  (b) (c), if the evidence for such offense was obtained as a
 8132  result of the person’s seeking medical assistance.
 8133         Section 22. Paragraphs (a), (b), (c), (e), (g), (h), and
 8134  (i) of subsection (3) of section 921.0022, Florida Statutes, are
 8135  amended to read:
 8136         921.0022 Criminal Punishment Code; offense severity ranking
 8137  chart.—
 8138         (3) OFFENSE SEVERITY RANKING CHART
 8139         (a) LEVEL 1
 8140  
 8141  FloridaStatute          FelonyDegree          Description          
 8142  24.118(3)(a)                3rd     Counterfeit or altered state lottery ticket.
 8143  212.054(2)(b)               3rd     Discretionary sales surtax; limitations, administration, and collection.
 8144  212.15(2)(b)                3rd     Failure to remit sales taxes, amount $1,000 or more but less than $20,000.
 8145  316.1935(1)                 3rd     Fleeing or attempting to elude law enforcement officer.
 8146  319.30(5)                   3rd     Sell, exchange, give away certificate of title or identification number plate.
 8147  319.35(1)(a)                3rd     Tamper, adjust, change, etc., an odometer.
 8148  320.26(1)(a)                3rd     Counterfeit, manufacture, or sell registration license plates or validation stickers.
 8149  322.212(1)(a)-(c)           3rd     Possession of forged, stolen, counterfeit, or unlawfully issued driver license; possession of simulated identification.
 8150  322.212(4)                  3rd     Supply or aid in supplying unauthorized driver license or identification card.
 8151  322.212(5)(a)               3rd     False application for driver license or identification card.
 8152  414.39(3)(a)                3rd     Fraudulent misappropriation of public assistance funds by employee/official, value more than $200.
 8153  443.071(1)                  3rd     False statement or representation to obtain or increase reemployment assistance benefits.
 8154  509.151(1)                  3rd     Defraud an innkeeper, food or lodging value $1,000 or more.
 8155  517.302(1)                  3rd     Violation of the Florida Securities and Investor Protection Act.
 8156  713.69                      3rd     Tenant removes property upon which lien has accrued, value $1,000 or more.
 8157  812.014(3)(c)               3rd     Petit theft (3rd conviction); theft of any property not specified in subsection (2).
 8158  812.081(2)                  3rd     Unlawfully makes or causes to be made a reproduction of a trade secret.
 8159  815.04(5)(a)                3rd     Offense against intellectual property (i.e., computer programs, data).
 8160  817.52(2)                   3rd     Hiring with intent to defraud, motor vehicle services.
 8161  817.569(2)                  3rd     Use of public record or public records information or providing false information to facilitate commission of a felony.
 8162  826.01                      3rd     Bigamy.                        
 8163  828.122(3)                  3rd     Fighting or baiting animals.   
 8164  831.04(1)                   3rd     Any erasure, alteration, etc., of any replacement deed, map, plat, or other document listed in s. 92.28.
 8165  831.31(1)(a)                3rd     Sell, deliver, or possess counterfeit controlled substances, all but s. 893.03(5) drugs.
 8166  832.041(1)                  3rd     Stopping payment with intent to defraud $150 or more.
 8167  832.05(2)(b) & (4)(c)       3rd     Knowing, making, issuing worthless checks $150 or more or obtaining property in return for worthless check $150 or more.
 8168  838.15(2)                   3rd     Commercial bribe receiving.    
 8169  838.16                      3rd     Commercial bribery.            
 8170  843.18                      3rd     Fleeing by boat to elude a law enforcement officer.
 8171  847.011(1)(a)               3rd     Sell, distribute, etc., obscene, lewd, etc., material (2nd conviction).
 8172  849.09(1)(a)-(d)            3rd     Lottery; set up, promote, etc., or assist therein, conduct or advertise drawing for prizes, or dispose of property or money by means of lottery.
 8173  849.23                      3rd     Gambling-related machines; “common offender” as to property rights.
 8174  849.25(2)                   3rd     Engaging in bookmaking.        
 8175  860.08                      3rd     Interfere with a railroad signal.
 8176  860.13(1)(a)                3rd     Operate aircraft while under the influence.
 8177  893.13(2)(a)2.              3rd     Purchase of cannabis.          
 8178  893.13(5)(a)893.13(6)(a)    3rd     Possession of cannabis (more than 20 grams).
 8179  934.03(1)(a)                3rd     Intercepts, or procures any other person to intercept, any wire or oral communication.
 8180         (b) LEVEL 2
 8181  
 8182  
 8183  FloridaStatute    FelonyDegree           Description            
 8184  379.2431 (1)(e)3.    3rd   Possession of 11 or fewer marine turtle eggs in violation of the Marine Turtle Protection Act.
 8185  379.2431 (1)(e)4.    3rd   Possession of more than 11 marine turtle eggs in violation of the Marine Turtle Protection Act.
 8186  403.413(6)(c)        3rd   Dumps waste litter exceeding 500 lbs. in weight or 100 cubic feet in volume or any quantity for commercial purposes, or hazardous waste.
 8187  517.07(2)            3rd   Failure to furnish a prospectus meeting requirements.
 8188  590.28(1)            3rd   Intentional burning of lands.     
 8189  784.05(3)            3rd   Storing or leaving a loaded firearm within reach of minor who uses it to inflict injury or death.
 8190  787.04(1)            3rd   In violation of court order, take, entice, etc., minor beyond state limits.
 8191  806.13(1)(b)3.       3rd   Criminal mischief; damage $1,000 or more to public communication or any other public service.
 8192  810.061(2)           3rd   Impairing or impeding telephone or power to a dwelling; facilitating or furthering burglary.
 8193  810.09(2)(e)         3rd   Trespassing on posted commercial horticulture property.
 8194  812.014(2)(c)1.      3rd   Grand theft, 3rd degree; $750 or more but less than $5,000.
 8195  812.014(2)(d)        3rd   Grand theft, 3rd degree; $100 or more but less than $750, taken from unenclosed curtilage of dwelling.
 8196  812.015(7)           3rd   Possession, use, or attempted use of an antishoplifting or inventory control device countermeasure.
 8197  817.234(1)(a)2.      3rd   False statement in support of insurance claim.
 8198  817.481(3)(a)        3rd   Obtain credit or purchase with false, expired, counterfeit, etc., credit card, value over $300.
 8199  817.52(3)            3rd   Failure to redeliver hired vehicle.
 8200  817.54               3rd   With intent to defraud, obtain mortgage note, etc., by false representation.
 8201  817.60(5)            3rd   Dealing in credit cards of another.
 8202  817.60(6)(a)         3rd   Forgery; purchase goods, services with false card.
 8203  817.61               3rd   Fraudulent use of credit cards over $100 or more within 6 months.
 8204  826.04               3rd   Knowingly marries or has sexual intercourse with person to whom related.
 8205  831.01               3rd   Forgery.                          
 8206  831.02               3rd   Uttering forged instrument; utters or publishes alteration with intent to defraud.
 8207  831.07               3rd   Forging bank bills, checks, drafts, or promissory notes.
 8208  831.08               3rd   Possessing 10 or more forged notes, bills, checks, or drafts.
 8209  831.09               3rd   Uttering forged notes, bills, checks, drafts, or promissory notes.
 8210  831.11               3rd   Bringing into the state forged bank bills, checks, drafts, or notes.
 8211  832.05(3)(a)         3rd   Cashing or depositing item with intent to defraud.
 8212  843.08               3rd   False personation.                
 8213  893.13(2)(a)2.       3rd   Purchase of any s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs other than cannabis.
 8214  893.147(2)           3rd   Manufacture or delivery of drug paraphernalia.
 8215         (c) LEVEL 3
 8216  
 8217  FloridaStatute           FelonyDegree         Description          
 8218  119.10(2)(b)                 3rd     Unlawful use of confidential information from police reports.
 8219  316.066(3)(b)-(d)            3rd     Unlawfully obtaining or using confidential crash reports.
 8220  316.193(2)(b)                3rd     Felony DUI, 3rd conviction.   
 8221  316.1935(2)                  3rd     Fleeing or attempting to elude law enforcement officer in patrol vehicle with siren and lights activated.
 8222  319.30(4)                    3rd     Possession by junkyard of motor vehicle with identification number plate removed.
 8223  319.33(1)(a)                 3rd     Alter or forge any certificate of title to a motor vehicle or mobile home.
 8224  319.33(1)(c)                 3rd     Procure or pass title on stolen vehicle.
 8225  319.33(4)                    3rd     With intent to defraud, possess, sell, etc., a blank, forged, or unlawfully obtained title or registration.
 8226  327.35(2)(b)                 3rd     Felony BUI.                   
 8227  328.05(2)                    3rd     Possess, sell, or counterfeit fictitious, stolen, or fraudulent titles or bills of sale of vessels.
 8228  328.07(4)                    3rd     Manufacture, exchange, or possess vessel with counterfeit or wrong ID number.
 8229  376.302(5)                   3rd     Fraud related to reimbursement for cleanup expenses under the Inland Protection Trust Fund.
 8230  379.2431(1)(e)5.             3rd     Taking, disturbing, mutilating, destroying, causing to be destroyed, transferring, selling, offering to sell, molesting, or harassing marine turtles, marine turtle eggs, or marine turtle nests in violation of the Marine Turtle Protection Act.
 8231  379.2431(1)(e)6.             3rd     Possessing any marine turtle species or hatchling, or parts thereof, or the nest of any marine turtle species described in the Marine Turtle Protection Act.
 8232  379.2431(1)(e)7.             3rd     Soliciting to commit or conspiring to commit a violation of the Marine Turtle Protection Act.
 8233  400.9935(4)(a) or (b)        3rd     Operating a clinic, or offering services requiring licensure, without a license.
 8234  400.9935(4)(e)               3rd     Filing a false license application or other required information or failing to report information.
 8235  440.1051(3)                  3rd     False report of workers’ compensation fraud or retaliation for making such a report.
 8236  501.001(2)(b)                2nd     Tampers with a consumer product or the container using materially false/misleading information.
 8237  624.401(4)(a)                3rd     Transacting insurance without a certificate of authority.
 8238  624.401(4)(b)1.              3rd     Transacting insurance without a certificate of authority; premium collected less than $20,000.
 8239  626.902(1)(a) & (b)          3rd     Representing an unauthorized insurer.
 8240  697.08                       3rd     Equity skimming.              
 8241  790.15(3)                    3rd     Person directs another to discharge firearm from a vehicle.
 8242  806.10(1)                    3rd     Maliciously injure, destroy, or interfere with vehicles or equipment used in firefighting.
 8243  806.10(2)                    3rd     Interferes with or assaults firefighter in performance of duty.
 8244  810.09(2)(c)                 3rd     Trespass on property other than structure or conveyance armed with firearm or dangerous weapon.
 8245  812.014(2)(c)2.              3rd     Grand theft; $5,000 or more but less than $10,000.
 8246  812.0145(2)(c)               3rd     Theft from person 65 years of age or older; $300 or more but less than $10,000.
 8247  812.015(8)(b)                3rd     Retail theft with intent to sell; conspires with others.
 8248  815.04(5)(b)                 2nd     Computer offense devised to defraud or obtain property.
 8249  817.034(4)(a)3.              3rd     Engages in scheme to defraud (Florida Communications Fraud Act), property valued at less than $20,000.
 8250  817.233                      3rd     Burning to defraud insurer.   
 8251  817.234(8)(b) & (c)          3rd     Unlawful solicitation of persons involved in motor vehicle accidents.
 8252  817.234(11)(a)               3rd     Insurance fraud; property value less than $20,000.
 8253  817.236                      3rd     Filing a false motor vehicle insurance application.
 8254  817.2361                     3rd     Creating, marketing, or presenting a false or fraudulent motor vehicle insurance card.
 8255  817.413(2)                   3rd     Sale of used goods of $1,000 or more as new.
 8256  831.28(2)(a)                 3rd     Counterfeiting a payment instrument with intent to defraud or possessing a counterfeit payment instrument with intent to defraud.
 8257  831.29                       2nd     Possession of instruments for counterfeiting driver licenses or identification cards.
 8258  838.021(3)(b)                3rd     Threatens unlawful harm to public servant.
 8259  843.19                       2nd     Injure, disable, or kill police, fire, or SAR canine or police horse.
 8260  860.15(3)                    3rd     Overcharging for repairs and parts.
 8261  870.01(2)                    3rd     Riot; inciting or encouraging.
 8262  893.13(1)(a)2.               3rd     Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs).
 8263  893.13(1)(d)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of university.
 8264  893.13(1)(f)2.               2nd     Sell, manufacture, or deliver s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs within 1,000 feet of public housing facility.
 8265  893.13(3)(c)893.13(4)(c)     3rd     Use or hire of minor; deliver to minor other controlled substances.
 8266  893.13(5)(a)893.13(6)(a)     3rd     Possession of any controlled substance other than felony possession of cannabis.
 8267  893.13(6)(a)8.893.13(7)(a)8.    3rd     Withhold information from practitioner regarding previous receipt of or prescription for a controlled substance.
 8268  893.13(6)(a)9.893.13(7)(a)9.    3rd     Obtain or attempt to obtain controlled substance by fraud, forgery, misrepresentation, etc.
 8269  893.13(6)(a)10.893.13(7)(a)10.    3rd     Affix false or forged label to package of controlled substance.
 8270  893.13(6)(a)11.893.13(7)(a)11.    3rd     Furnish false or fraudulent material information on any document or record required by chapter 893.
 8271  893.13(7)(a)1.893.13(8)(a)1.    3rd     Knowingly assist a patient, other person, or owner of an animal in obtaining a controlled substance through deceptive, untrue, or fraudulent representations in or related to the practitioner’s practice.
 8272  893.13(7)(a)2.893.13(8)(a)2.    3rd     Employ a trick or scheme in the practitioner’s practice to assist a patient, other person, or owner of an animal in obtaining a controlled substance.
 8273  893.13(7)(a)3.893.13(8)(a)3.    3rd     Knowingly write a prescription for a controlled substance for a fictitious person.
 8274  893.13(7)(a)4.893.13(8)(a)4.    3rd     Write a prescription for a controlled substance for a patient, other person, or an animal if the sole purpose of writing the prescription is a monetary benefit for the practitioner.
 8275  918.13(1)(a)                 3rd     Alter, destroy, or conceal investigation evidence.
 8276  944.47(1)(a)1. & 2.          3rd     Introduce contraband to correctional facility.
 8277  944.47(1)(c)                 2nd     Possess contraband while upon the grounds of a correctional institution.
 8278  985.721                      3rd     Escapes from a juvenile facility (secure detention or residential commitment facility).
 8279         (e) LEVEL 5
 8280  
 8281  
 8282  FloridaStatute    FelonyDegree           Description            
 8283  316.027(2)(a)        3rd   Accidents involving personal injuries other than serious bodily injury, failure to stop; leaving scene.
 8284  316.1935(4)(a)       2nd   Aggravated fleeing or eluding.    
 8285  316.80(2)            2nd   Unlawful conveyance of fuel; obtaining fuel fraudulently.
 8286  322.34(6)            3rd   Careless operation of motor vehicle with suspended license, resulting in death or serious bodily injury.
 8287  327.30(5)            3rd   Vessel accidents involving personal injury; leaving scene.
 8288  379.365(2)(c)1.      3rd   Violation of rules relating to: willful molestation of stone crab traps, lines, or buoys; illegal bartering, trading, or sale, conspiring or aiding in such barter, trade, or sale, or supplying, agreeing to supply, aiding in supplying, or giving away stone crab trap tags or certificates; making, altering, forging, counterfeiting, or reproducing stone crab trap tags; possession of forged, counterfeit, or imitation stone crab trap tags; and engaging in the commercial harvest of stone crabs while license is suspended or revoked.
 8289  379.367(4)           3rd   Willful molestation of a commercial harvester’s spiny lobster trap, line, or buoy.
 8290  379.407(5)(b)3.      3rd   Possession of 100 or more undersized spiny lobsters.
 8291  381.0041(11)(b)      3rd   Donate blood, plasma, or organs knowing HIV positive.
 8292  440.10(1)(g)         2nd   Failure to obtain workers’ compensation coverage.
 8293  440.105(5)           2nd   Unlawful solicitation for the purpose of making workers’ compensation claims.
 8294  440.381(2)           3rd   Submission of false, misleading, or incomplete information with the purpose of avoiding or reducing workers’ compensation premiums.
 8295  624.401(4)(b)2.      2nd   Transacting insurance without a certificate or authority; premium collected $20,000 or more but less than $100,000.
 8296  626.902(1)(c)        2nd   Representing an unauthorized insurer; repeat offender.
 8297  790.01(2)            3rd   Carrying a concealed firearm.     
 8298  790.162              2nd   Threat to throw or discharge destructive device.
 8299  790.163(1)           2nd   False report of bomb, explosive, weapon of mass destruction, or use of firearms in violent manner.
 8300  790.221(1)           2nd   Possession of short-barreled shotgun or machine gun.
 8301  790.23               2nd   Felons in possession of firearms, ammunition, or electronic weapons or devices.
 8302  796.05(1)            2nd   Live on earnings of a prostitute; 1st offense.
 8303  800.04(6)(c)         3rd   Lewd or lascivious conduct; offender less than 18 years of age.
 8304  800.04(7)(b)         2nd   Lewd or lascivious exhibition; offender 18 years of age or older.
 8305  806.111(1)           3rd   Possess, manufacture, or dispense fire bomb with intent to damage any structure or property.
 8306  812.0145(2)(b)       2nd   Theft from person 65 years of age or older; $10,000 or more but less than $50,000.
 8307  812.015 (8)(a) & (c)-(e)   3rd   Retail theft; property stolen is valued at $750 or more and one or more specified acts.
 8308  812.019(1)           2nd   Stolen property; dealing in or trafficking in.
 8309  812.131(2)(b)        3rd   Robbery by sudden snatching.      
 8310  812.16(2)            3rd   Owning, operating, or conducting a chop shop.
 8311  817.034(4)(a)2.      2nd   Communications fraud, value $20,000 to $50,000.
 8312  817.234(11)(b)       2nd   Insurance fraud; property value $20,000 or more but less than $100,000.
 8313  817.2341(1), (2)(a) & (3)(a)   3rd   Filing false financial statements, making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity.
 8314  817.568(2)(b)        2nd   Fraudulent use of personal identification information; value of benefit, services received, payment avoided, or amount of injury or fraud, $5,000 or more or use of personal identification information of 10 or more persons.
 8315  817.611(2)(a)        2nd   Traffic in or possess 5 to 14 counterfeit credit cards or related documents.
 8316  817.625(2)(b)        2nd   Second or subsequent fraudulent use of scanning device, skimming device, or reencoder.
 8317  825.1025(4)          3rd   Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
 8318  827.071(4)           2nd   Possess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.
 8319  827.071(5)           3rd   Possess, control, or intentionally view any photographic material, motion picture, etc., which includes sexual conduct by a child.
 8320  828.12(2)            3rd   Tortures any animal with intent to inflict intense pain, serious physical injury, or death.
 8321  839.13(2)(b)         2nd   Falsifying records of an individual in the care and custody of a state agency involving great bodily harm or death.
 8322  843.01               3rd   Resist officer with violence to person; resist arrest with violence.
 8323  847.0135(5)(b)       2nd   Lewd or lascivious exhibition using computer; offender 18 years or older.
 8324  847.0137 (2) & (3)   3rd   Transmission of pornography by electronic device or equipment.
 8325  847.0138 (2) & (3)   3rd   Transmission of material harmful to minors to a minor by electronic device or equipment.
 8326  874.05(1)(b)         2nd   Encouraging or recruiting another to join a criminal gang; second or subsequent offense.
 8327  874.05(2)(a)         2nd   Encouraging or recruiting person under 13 years of age to join a criminal gang.
 8328  893.13(1)(a)1.       2nd   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs).
 8329  893.13(1)(c)2.       2nd   Sell, manufacture, or deliver cannabis (or other s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) drugs) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 8330  893.13(1)(d)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of university.
 8331  893.13(1)(e)2.       2nd   Sell, manufacture, or deliver cannabis or other drug prohibited under s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) within 1,000 feet of property used for religious services or a specified business site.
 8332  893.13(1)(f)1.       1st   Sell, manufacture, or deliver cocaine (or other s. 893.03(1)(a), (1)(b), (1)(d), or (2)(a), (2)(b), or (2)(c)5. drugs) within 1,000 feet of public housing facility.
 8333  893.13(3)(b) 893.13(4)(b)   2nd   Use or hire of minor; deliver to minor other controlled substance.
 8334  893.1351(1)          3rd   Ownership, lease, or rental for trafficking in or manufacturing of controlled substance.
 8335         (g) LEVEL 7
 8336  
 8337  
 8338  FloridaStatute    FelonyDegree           Description            
 8339  316.027(2)(c)        1st   Accident involving death, failure to stop; leaving scene.
 8340  316.193(3)(c)2.      3rd   DUI resulting in serious bodily injury.
 8341  316.1935(3)(b)       1st   Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
 8342  327.35(3)(c)2.       3rd   Vessel BUI resulting in serious bodily injury.
 8343  402.319(2)           2nd   Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
 8344  409.920 (2)(b)1.a.   3rd   Medicaid provider fraud; $10,000 or less.
 8345  409.920 (2)(b)1.b.   2nd   Medicaid provider fraud; more than $10,000, but less than $50,000.
 8346  456.065(2)           3rd   Practicing a health care profession without a license.
 8347  456.065(2)           2nd   Practicing a health care profession without a license which results in serious bodily injury.
 8348  458.327(1)           3rd   Practicing medicine without a license.
 8349  459.013(1)           3rd   Practicing osteopathic medicine without a license.
 8350  460.411(1)           3rd   Practicing chiropractic medicine without a license.
 8351  461.012(1)           3rd   Practicing podiatric medicine without a license.
 8352  462.17               3rd   Practicing naturopathy without a license.
 8353  463.015(1)           3rd   Practicing optometry without a license.
 8354  464.016(1)           3rd   Practicing nursing without a license.
 8355  465.015(2)           3rd   Practicing pharmacy without a license.
 8356  466.026(1)           3rd   Practicing dentistry or dental hygiene without a license.
 8357  467.201              3rd   Practicing midwifery without a license.
 8358  468.366              3rd   Delivering respiratory care services without a license.
 8359  483.828(1)           3rd   Practicing as clinical laboratory personnel without a license.
 8360  483.901(7)           3rd   Practicing medical physics without a license.
 8361  484.013(1)(c)        3rd   Preparing or dispensing optical devices without a prescription.
 8362  484.053              3rd   Dispensing hearing aids without a license.
 8363  494.0018(2)          1st   Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
 8364  560.123(8)(b)1.      3rd   Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
 8365  560.125(5)(a)        3rd   Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
 8366  655.50(10)(b)1.      3rd   Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
 8367  775.21(10)(a)        3rd   Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
 8368  775.21(10)(b)        3rd   Sexual predator working where children regularly congregate.
 8369  775.21(10)(g)        3rd   Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
 8370  782.051(3)           2nd   Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
 8371  782.07(1)            2nd   Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
 8372  782.071              2nd   Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
 8373  782.072              2nd   Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
 8374  784.045(1)(a)1.      2nd   Aggravated battery; intentionally causing great bodily harm or disfigurement.
 8375  784.045(1)(a)2.      2nd   Aggravated battery; using deadly weapon.
 8376  784.045(1)(b)        2nd   Aggravated battery; perpetrator aware victim pregnant.
 8377  784.048(4)           3rd   Aggravated stalking; violation of injunction or court order.
 8378  784.048(7)           3rd   Aggravated stalking; violation of court order.
 8379  784.07(2)(d)         1st   Aggravated battery on law enforcement officer.
 8380  784.074(1)(a)        1st   Aggravated battery on sexually violent predators facility staff.
 8381  784.08(2)(a)         1st   Aggravated battery on a person 65 years of age or older.
 8382  784.081(1)           1st   Aggravated battery on specified official or employee.
 8383  784.082(1)           1st   Aggravated battery by detained person on visitor or other detainee.
 8384  784.083(1)           1st   Aggravated battery on code inspector.
 8385  787.06(3)(a)2.       1st   Human trafficking using coercion for labor and services of an adult.
 8386  787.06(3)(e)2.       1st   Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
 8387  790.07(4)            1st   Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
 8388  790.16(1)            1st   Discharge of a machine gun under specified circumstances.
 8389  790.165(2)           2nd   Manufacture, sell, possess, or deliver hoax bomb.
 8390  790.165(3)           2nd   Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
 8391  790.166(3)           2nd   Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
 8392  790.166(4)           2nd   Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
 8393  790.23             1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
 8394  794.08(4)            3rd   Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
 8395  796.05(1)            1st   Live on earnings of a prostitute; 2nd offense.
 8396  796.05(1)            1st   Live on earnings of a prostitute; 3rd and subsequent offense.
 8397  800.04(5)(c)1.       2nd   Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
 8398  800.04(5)(c)2.       2nd   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
 8399  800.04(5)(e)         1st   Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
 8400  806.01(2)            2nd   Maliciously damage structure by fire or explosive.
 8401  810.02(3)(a)         2nd   Burglary of occupied dwelling; unarmed; no assault or battery.
 8402  810.02(3)(b)         2nd   Burglary of unoccupied dwelling; unarmed; no assault or battery.
 8403  810.02(3)(d)         2nd   Burglary of occupied conveyance; unarmed; no assault or battery.
 8404  810.02(3)(e)         2nd   Burglary of authorized emergency vehicle.
 8405  812.014(2)(a)1.      1st   Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
 8406  812.014(2)(b)2.      2nd   Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
 8407  812.014(2)(b)3.      2nd   Property stolen, emergency medical equipment; 2nd degree grand theft.
 8408  812.014(2)(b)4.      2nd   Property stolen, law enforcement equipment from authorized emergency vehicle.
 8409  812.0145(2)(a)       1st   Theft from person 65 years of age or older; $50,000 or more.
 8410  812.019(2)           1st   Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
 8411  812.131(2)(a)        2nd   Robbery by sudden snatching.      
 8412  812.133(2)(b)        1st   Carjacking; no firearm, deadly weapon, or other weapon.
 8413  817.034(4)(a)1.      1st   Communications fraud, value greater than $50,000.
 8414  817.234(8)(a)        2nd   Solicitation of motor vehicle accident victims with intent to defraud.
 8415  817.234(9)           2nd   Organizing, planning, or participating in an intentional motor vehicle collision.
 8416  817.234(11)(c)       1st   Insurance fraud; property value $100,000 or more.
 8417  817.2341 (2)(b) & (3)(b)   1st   Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
 8418  817.535(2)(a)        3rd   Filing false lien or other unauthorized document.
 8419  817.611(2)(b)        2nd   Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
 8420  825.102(3)(b)        2nd   Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
 8421  825.103(3)(b)        2nd   Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
 8422  827.03(2)(b)         2nd   Neglect of a child causing great bodily harm, disability, or disfigurement.
 8423  827.04(3)            3rd   Impregnation of a child under 16 years of age by person 21 years of age or older.
 8424  837.05(2)            3rd   Giving false information about alleged capital felony to a law enforcement officer.
 8425  838.015              2nd   Bribery.                          
 8426  838.016              2nd   Unlawful compensation or reward for official behavior.
 8427  838.021(3)(a)        2nd   Unlawful harm to a public servant.
 8428  838.22               2nd   Bid tampering.                    
 8429  843.0855(2)          3rd   Impersonation of a public officer or employee.
 8430  843.0855(3)          3rd   Unlawful simulation of legal process.
 8431  843.0855(4)          3rd   Intimidation of a public officer or employee.
 8432  847.0135(3)          3rd   Solicitation of a child, via a computer service, to commit an unlawful sex act.
 8433  847.0135(4)          2nd   Traveling to meet a minor to commit an unlawful sex act.
 8434  872.06               2nd   Abuse of a dead human body.       
 8435  874.05(2)(b)         1st   Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
 8436  874.10             1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
 8437  893.13(1)(c)1.       1st   Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
 8438  893.13(1)(e)1.       1st   Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
 8439  893.13(3)(a) 893.13(4)(a)   1st   Use or hire of minor; deliver to minor other controlled substance.
 8440  893.135(1)(a)1.      1st   Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
 8441  893.135(1)(a)1.a. 893.135(1)(b)1.a.   1st   Trafficking in cocaine, more than 28 grams, less than 200 grams.
 8442  893.135(1)(b)1.a. 893.135(1)(c)1.a.   1st   Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
 8443  893.135(1)(b)2.a. 893.135(1)(c)2.a.   1st   Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
 8444  893.135(1)(b)2.b. 893.135(1)(c)2.b.   1st   Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
 8445  893.135(1)(b)3.a. 893.135(1)(c)3.a.   1st   Trafficking in oxycodone, 7 grams or more, less than 14 grams.
 8446  893.135(1)(b)3.b. 893.135(1)(c)3.b.   1st   Trafficking in oxycodone, 14 grams or more, less than 25 grams.
 8447  893.135(1)(b)4.b.(I) 893.135(1)(c)4.b.(I)   1st   Trafficking in fentanyl, 4 grams or more, less than 14 grams.
 8448  893.135(1)(c)1.a. 893.135(1)(d)1.a.   1st   Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
 8449  893.135(1)(d)1. 893.135(1)(e)1.   1st   Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
 8450  893.135(1)(e)1. 893.135(1)(f)1.   1st   Trafficking in amphetamine, 14 grams or more, less than 28 grams.
 8451  893.135(1)(h)1.a. 893.135(1)(g)1.a.   1st   Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
 8452  893.135(1)(g)1.a. 893.135(1)(h)1.a.   1st   Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
 8453  893.135(1)(i)1.a. 893.135(1)(j)1.a.   1st   Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
 8454  893.135(1)(j)2.a. 893.135(1)(k)2.a.   1st   Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
 8455  893.135(1)(l)2.a. 893.135(1)(m)2.a.   1st   Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
 8456  893.135(1)(l)2.b. 893.135(1)(m)2.b.   1st   Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
 8457  893.135(1)(m)2.a. 893.135(1)(n)2.a.   1st   Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
 8458  893.1351(2)          2nd   Possession of place for trafficking in or manufacturing of controlled substance.
 8459  896.101(5)(a)        3rd   Money laundering, financial transactions exceeding $300 but less than $20,000.
 8460  896.104(4)(a)1.      3rd   Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
 8461  943.0435(4)(c)       2nd   Sexual offender vacating permanent residence; failure to comply with reporting requirements.
 8462  943.0435(8)          2nd   Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
 8463  943.0435(9)(a)       3rd   Sexual offender; failure to comply with reporting requirements.
 8464  943.0435(13)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 8465  943.0435(14)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 8466  944.607(9)           3rd   Sexual offender; failure to comply with reporting requirements.
 8467  944.607(10)(a)       3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 8468  944.607(12)          3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 8469  944.607(13)          3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 8470  985.4815(10)         3rd   Sexual offender; failure to submit to the taking of a digitized photograph.
 8471  985.4815(12)         3rd   Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
 8472  985.4815(13)         3rd   Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
 8473         (h) LEVEL 8
 8474  
 8475  FloridaStatute            FelonyDegree         Description         
 8476  316.193(3)(c)3.a.              2nd     DUI manslaughter.           
 8477  316.1935(4)(b)                 1st     Aggravated fleeing or attempted eluding with serious bodily injury or death.
 8478  327.35(3)(c)3.                 2nd     Vessel BUI manslaughter.    
 8479  499.0051(6)                    1st     Knowing trafficking in contraband prescription drugs.
 8480  499.0051(7)                    1st     Knowing forgery of prescription labels or prescription drug labels.
 8481  560.123(8)(b)2.                2nd     Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
 8482  560.125(5)(b)                  2nd     Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
 8483  655.50(10)(b)2.                2nd     Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
 8484  777.03(2)(a)                   1st     Accessory after the fact, capital felony.
 8485  782.04(4)                      2nd     Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
 8486  782.051(2)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
 8487  782.071(1)(b)                  1st     Committing vehicular homicide and failing to render aid or give information.
 8488  782.072(2)                     1st     Committing vessel homicide and failing to render aid or give information.
 8489  787.06(3)(a)1.                 1st     Human trafficking for labor and services of a child.
 8490  787.06(3)(b)                   1st     Human trafficking using coercion for commercial sexual activity of an adult.
 8491  787.06(3)(c)2.                 1st     Human trafficking using coercion for labor and services of an unauthorized alien adult.
 8492  787.06(3)(e)1.                 1st     Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
 8493  787.06(3)(f)2.                 1st     Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
 8494  790.161(3)                     1st     Discharging a destructive device which results in bodily harm or property damage.
 8495  794.011(5)(a)                  1st     Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
 8496  794.011(5)(b)                  2nd     Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
 8497  794.011(5)(c)                  2nd     Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
 8498  794.011(5)(d)                  1st     Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
 8499  794.08(3)                      2nd     Female genital mutilation, removal of a victim younger than 18 years of age from this state.
 8500  800.04(4)(b)                   2nd     Lewd or lascivious battery. 
 8501  800.04(4)(c)                   1st     Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
 8502  806.01(1)                      1st     Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
 8503  810.02(2)(a)                 1st,PBL   Burglary with assault or battery.
 8504  810.02(2)(b)                 1st,PBL   Burglary; armed with explosives or dangerous weapon.
 8505  810.02(2)(c)                   1st     Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
 8506  812.014(2)(a)2.                1st     Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
 8507  812.13(2)(b)                   1st     Robbery with a weapon.      
 8508  812.135(2)(c)                  1st     Home-invasion robbery, no firearm, deadly weapon, or other weapon.
 8509  817.505(4)(c)                  1st     Patient brokering; 20 or more patients.
 8510  817.535(2)(b)                  2nd     Filing false lien or other unauthorized document; second or subsequent offense.
 8511  817.535(3)(a)                  2nd     Filing false lien or other unauthorized document; property owner is a public officer or employee.
 8512  817.535(4)(a)1.                2nd     Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
 8513  817.535(5)(a)                  2nd     Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
 8514  817.568(6)                     2nd     Fraudulent use of personal identification information of an individual under the age of 18.
 8515  817.611(2)(c)                  1st     Traffic in or possess 50 or more counterfeit credit cards or related documents.
 8516  825.102(2)                     1st     Aggravated abuse of an elderly person or disabled adult.
 8517  825.1025(2)                    2nd     Lewd or lascivious battery upon an elderly person or disabled adult.
 8518  825.103(3)(a)                  1st     Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
 8519  837.02(2)                      2nd     Perjury in official proceedings relating to prosecution of a capital felony.
 8520  837.021(2)                     2nd     Making contradictory statements in official proceedings relating to prosecution of a capital felony.
 8521  860.121(2)(c)                  1st     Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
 8522  860.16                         1st     Aircraft piracy.            
 8523  893.13(1)(b)                   1st     Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 8524  893.13(2)(b)                   1st     Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 8525  893.13(5)(b)893.13(6)(c)       1st     Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
 8526  893.135(1)(a)2.                1st     Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
 8527  893.135(1)(a)1.b.893.135(1)(b)1.b.     1st     Trafficking in cocaine, more than 200 grams, less than 400 grams.
 8528  893.135(1)(b)1.b.893.135(1)(c)1.b.     1st     Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
 8529  893.135(1)(b)2.c.893.135(1)(c)2.c.     1st     Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
 8530  893.135(1)(b)3.c.893.135(1)(c)3.c.     1st     Trafficking in oxycodone, 25 grams or more, less than 100 grams.
 8531  893.135(1)(b)4.b.(II)893.135(1)(c)4.b.(II)     1st     Trafficking in fentanyl, 14 grams or more, less than 28 grams.
 8532  893.135(1)(c)1.b.893.135(1)(d)1.b.     1st     Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
 8533  893.135(1)(d)1.b.893.135(1)(e)1.b.     1st     Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
 8534  893.135(1)(e)1.b.893.135(1)(f)1.b.     1st     Trafficking in amphetamine, 28 grams or more, less than 200 grams.
 8535  893.135(1)(f)1.b.893.135(1)(g)1.b.     1st     Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
 8536  893.135(1)(g)1.b.893.135(1)(h)1.b.     1st     Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
 8537  893.135(1)(i)1.b.893.135(1)(j)1.b.     1st     Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
 8538  893.135(1)(j)2.b.893.135(1)(k)2.b.     1st     Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
 8539  893.135(1)(l)2.c.893.135(1)(m)2.c.     1st     Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
 8540  893.135(1)(m)2.b.893.135(1)(n)2.b.     1st     Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
 8541  893.1351(3)                    1st     Possession of a place used to manufacture controlled substance when minor is present or resides there.
 8542  895.03(1)                      1st     Use or invest proceeds derived from pattern of racketeering activity.
 8543  895.03(2)                      1st     Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
 8544  895.03(3)                      1st     Conduct or participate in any enterprise through pattern of racketeering activity.
 8545  896.101(5)(b)                  2nd     Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
 8546  896.104(4)(a)2.                2nd     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
 8547         (i) LEVEL 9
 8548  
 8549  FloridaStatute            FelonyDegree         Description         
 8550  316.193(3)(c)3.b.              1st     DUI manslaughter; failing to render aid or give information.
 8551  327.35(3)(c)3.b.               1st     BUI manslaughter; failing to render aid or give information.
 8552  409.920(2)(b)1.c.              1st     Medicaid provider fraud; $50,000 or more.
 8553  499.0051(8)                    1st     Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
 8554  560.123(8)(b)3.                1st     Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
 8555  560.125(5)(c)                  1st     Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
 8556  655.50(10)(b)3.                1st     Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
 8557  775.0844                       1st     Aggravated white collar crime.
 8558  782.04(1)                      1st     Attempt, conspire, or solicit to commit premeditated murder.
 8559  782.04(3)                    1st,PBL   Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
 8560  782.051(1)                     1st     Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
 8561  782.07(2)                      1st     Aggravated manslaughter of an elderly person or disabled adult.
 8562  787.01(1)(a)1.               1st,PBL   Kidnapping; hold for ransom or reward or as a shield or hostage.
 8563  787.01(1)(a)2.               1st,PBL   Kidnapping with intent to commit or facilitate commission of any felony.
 8564  787.01(1)(a)4.               1st,PBL   Kidnapping with intent to interfere with performance of any governmental or political function.
 8565  787.02(3)(a)                 1st,PBL   False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
 8566  787.06(3)(c)1.                 1st     Human trafficking for labor and services of an unauthorized alien child.
 8567  787.06(3)(d)                   1st     Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
 8568  787.06(3)(f)1.               1st,PBL   Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
 8569  790.161                        1st     Attempted capital destructive device offense.
 8570  790.166(2)                   1st,PBL   Possessing, selling, using, or attempting to use a weapon of mass destruction.
 8571  794.011(2)                     1st     Attempted sexual battery; victim less than 12 years of age.
 8572  794.011(2)                    Life     Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
 8573  794.011(4)(a)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
 8574  794.011(4)(b)                  1st     Sexual battery, certain circumstances; victim and offender 18 years of age or older.
 8575  794.011(4)(c)                  1st     Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
 8576  794.011(4)(d)                1st,PBL   Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
 8577  794.011(8)(b)                1st,PBL   Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
 8578  794.08(2)                      1st     Female genital mutilation; victim younger than 18 years of age.
 8579  800.04(5)(b)                  Life     Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
 8580  812.13(2)(a)                 1st,PBL   Robbery with firearm or other deadly weapon.
 8581  812.133(2)(a)                1st,PBL   Carjacking; firearm or other deadly weapon.
 8582  812.135(2)(b)                  1st     Home-invasion robbery with weapon.
 8583  817.535(3)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
 8584  817.535(4)(a)2.                1st     Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
 8585  817.535(5)(b)                  1st     Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
 8586  817.568(7)                   2nd,PBL   Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
 8587  827.03(2)(a)                   1st     Aggravated child abuse.     
 8588  847.0145(1)                    1st     Selling, or otherwise transferring custody or control, of a minor.
 8589  847.0145(2)                    1st     Purchasing, or otherwise obtaining custody or control, of a minor.
 8590  859.01                         1st     Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
 8591  893.135                        1st     Attempted capital trafficking offense.
 8592  893.135(1)(a)3.                1st     Trafficking in cannabis, more than 10,000 lbs.
 8593  893.135(1)(a)1.c.893.135(1)(b)1.c.     1st     Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
 8594  893.135(1)(b)1.c.893.135(1)(c)1.c.     1st     Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
 8595  893.135(1)(b)2.d.893.135(1)(c)2.d.     1st     Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
 8596  893.135(1)(b)3.d.893.135(1)(c)3.d.     1st     Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
 8597  893.135(1)(b)4.b.(III)893.135(1)(c)4.b.(III)     1st     Trafficking in fentanyl, 28 grams or more.
 8598  893.135(1)(c)1.c.893.135(1)(d)1.c.     1st     Trafficking in phencyclidine, 400 grams or more.
 8599  893.135(1)(d)1.c.893.135(1)(e)1.c.     1st     Trafficking in methaqualone, 25 kilograms or more.
 8600  893.135(1)(e)1.c.893.135(1)(f)1.c.     1st     Trafficking in amphetamine, 200 grams or more.
 8601  893.135(1)(g)1.c.893.135(1)(h)1.c.     1st     Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
 8602  893.135(1)(i)1.c.893.135(1)(j)1.c.     1st     Trafficking in 1,4-Butanediol, 10 kilograms or more.
 8603  893.135(1)(j)2.c.893.135(1)(k)2.c.     1st     Trafficking in Phenethylamines, 400 grams or more.
 8604  893.135(1)(l)2.d.893.135(1)(m)2.d.     1st     Trafficking in synthetic cannabinoids, 30 kilograms or more.
 8605  893.135(1)(m)2.c.893.135(1)(n)2.c.     1st     Trafficking in n-benzyl phenethylamines, 200 grams or more.
 8606  896.101(5)(c)                  1st     Money laundering, financial instruments totaling or exceeding $100,000.
 8607  896.104(4)(a)3.                1st     Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
 8608         Section 23. Subsection (1) of section 948.20, Florida
 8609  Statutes, is amended to read:
 8610         948.20 Drug offender probation.—
 8611         (1) If it appears to the court upon a hearing that the
 8612  defendant is a chronic substance abuser whose criminal conduct
 8613  is a violation of s. 893.13(2)(a) or (5)(a) (6)(a), or other
 8614  nonviolent felony if such nonviolent felony is committed on or
 8615  after July 1, 2009, and notwithstanding s. 921.0024 the
 8616  defendant’s Criminal Punishment Code scoresheet total sentence
 8617  points are 60 points or fewer, the court may either adjudge the
 8618  defendant guilty or stay and withhold the adjudication of guilt.
 8619  In either case, the court may also stay and withhold the
 8620  imposition of sentence and place the defendant on drug offender
 8621  probation or into a postadjudicatory treatment-based drug court
 8622  program if the defendant otherwise qualifies. As used in this
 8623  section, the term “nonviolent felony” means a third degree
 8624  felony violation under chapter 810 or any other felony offense
 8625  that is not a forcible felony as defined in s. 776.08.
 8626         Section 24. This act shall take effect July 1, 2022.

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