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A bill to be entitled 1
An act relating to cannabis regulation; amending s. 2
381.986, F.S.; revising the course and examination 3
requirements for qualified physicians and medical 4
directors; prohibiting qualified physicians from 5
engaging in certain advertising for their practices 6
relating to marijuana for medical use; providing 7
exceptions; authorizing qualified physicians to 8
perform patient examinations and evaluations through 9
telehealth for renewals of physician certifications 10
for the medical use of marijuana under certain 11
circumstances; requiring a qualified physician to 12
conduct a physical examination of each new patient 13
before conducting any examination through telehealth; 14
revising the frequency with which qualified physicians 15
must evaluate existing qualified patients for a 16
physician certification for the medical use of 17
marijuana; requiring that the physician certification 18
pattern review panel consist of at least one qualified 19
physician; revising the data that the panel is 20
required to track and report; revising the frequency 21
with which a medical marijuana use registry 22
identification card must be renewed; prohibiting the 23
Department of Health from renewing the license of a 24
medical marijuana treatment center under certain 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
circumstances; prohibiting medical marijuana treatment 26
centers and certain other individuals and entities 27
from employing qualified physicians or having direct 28
or indirect economic interests in qualified physician 29
practices and medical marijuana testing laboratories; 30
authorizing the department to sample marijuana from 31
medical marijuana treatment centers for testing for 32
specified purposes; authorizing the department to 33
sample marijuana delivery devices from a dispensing 34
facility to determine safety; requiring that a medical 35
marijuana treatment center recall all marijuana, 36
rather than only edibles, under certain circumstances; 37
revising advertising requirements for medical 38
marijuana treatment centers to prohibit radio and 39
television advertising; creating the Medical Marijuana 40
Testing Advisory Council adjunct to the department ; 41
providing a purpose; requiring the department to 42
provide staff and administrative support for the 43
advisory council; providing for membership and 44
meetings of the advisory council; requiring that 45
members of the advisory council serve without 46
compensation; providing that members are not entitled 47
to reimbursement for per diem or travel expenses; 48
requiring the advisory council to submit an annual 49
report to the Governor and Legislature; requiring that 50
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such report be posted on the department's website; 51
authorizing the department and certain employees to 52
acquire, possess, test, transport, and dispose of 53
marijuana; amending s. 381.988, F.S.; prohibiting a 54
certified medical marijuana testing laboratory from 55
having an economic interest in or financial 56
relationship with a medical marijuana treatment 57
center; providing construction; authorizing the 58
department and certain employees to acquire, possess, 59
test, transport, and dispose of marijuana; amending s. 60
456.47, F.S.; authorizing the use of telehealth to 61
treat a qualified patient for the medical use of 62
marijuana; amending s. 581.217, F.S.; providing and 63
revising definitions; requiring hemp extract and hemp 64
extract products distributed in the state to be 65
registered with the Department of Agriculture and 66
Consumer Services; requiring the annual renewal of 67
such registration; providing registration certificate 68
application requirements; authorizing the department 69
to analyze a sample of hemp extract or hemp extract 70
product and inspect their labels to ensure compliance 71
with certain requirements; requiring the department to 72
deny registration certificate applications under 73
certain circumstances; prohibiting the sale of hemp 74
extract and hemp extract products intended for 75
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ingestion to persons under 21 years of age; 76
authorizing the department to make certain 77
determinations and issue final orders regarding 78
unregistered hemp extract and hemp extract products; 79
authorizing the department to issue and enforce stop -80
sale orders and revoke or suspend the registration of 81
any hemp extract or hemp extract product under certain 82
circumstances; authorizing the department to impose a 83
certain administrative fine; reenacting ss. 893.02(3), 84
916.1085(1)(a), 944.47(1)(a), 951.22(1)(h), 85
985.711(1)(a), to incorporate the amendment made by 86
the act; providing a n effective date. 87
88
Be It Enacted by the Legislature of the State of Florida: 89
90
Section 1. Paragraph (c) of subsection (3) of section 91
381.986, Florida Statutes, is redesignated as paragraph (d), 92
subsections (14) through (17) are renumbered as subsect ions (15) 93
through (18), respectively, present paragraphs (a) and (c) of 94
subsection (3), paragraphs (a), (g), and (j) of subsection (4), 95
paragraph (a) of subsection (7), and paragraphs (b), (e), and 96
(h) of subsection (8) are amended, a new paragraph (c) is added 97
to subsection (3), paragraph (i) is added to present subsection 98
(14), and a new subsection (14) is added to that section, to 99
read: 100
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381.986 Medical use of marijuana. — 101
(3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS. — 102
(a) Before being approved as a qualified physician , as 103
defined in paragraph (1)(m), and before each license renewal, a 104
physician must successfully complete a 6-hour 2-hour course and 105
subsequent examination offered by the Florida Medical 106
Association or the Florida Osteopathic Medical A ssociation which 107
address the potential health and safety risks and benefits of, 108
and the appropriate dosages for, prescribing marijuana for 109
medical use and encompass the requirements of this section and 110
any rules adopted hereunder. The course and examinatio n shall be 111
administered at least annually and may be offered in a distance 112
learning format, including an electronic, online format that is 113
available upon request. The price of the course may not exceed 114
$500. A physician who has met the physician education 115
requirements of former s. 381.986(4), Florida Statutes 2016, 116
before June 23, 2017, shall be deemed to be in compliance with 117
this paragraph from June 23, 2017, until 90 days after the 118
course and examination required by this paragraph become 119
available. 120
(c) With respect to his or her practice relating to 121
marijuana for medical use under this section, a qualified 122
physician may not engage in radio or television advertising or 123
advertising that is visible to members of the public from any 124
street, sidewalk, park, or other public place, except: 125
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1. The qualified physician's practice may have a sign that 126
is affixed to the outside or hanging in the window of the 127
premises which identifies the qualified physician, a department -128
approved practice name, or a department -approved logo. A 129
qualified physician's practice name and logo may not contain 130
wording or images commonly associated with marketing targeted 131
toward children or which promote the recreational use of 132
marijuana. 133
2. A qualified physician may engage in Internet 134
advertising and marketing for his or her practice under the 135
following conditions: 136
a. All advertisements must be approved by the department. 137
b. An advertisement may not have any content that 138
specifically targets individuals under the age of 18, includin g 139
cartoon characters or similar images. 140
c. An advertisement may not be an unsolicited pop -up 141
advertisement. 142
d. Opt-in marketing must include an easy and permanent 143
opt-out feature. 144
(d)(c) Before being employed as a medical director, as 145
defined in paragraph (1)(i), and before each license renewal, a 146
medical director must successfully complete a 6-hour 2-hour 147
course and subsequent examination offered by the Florida Medical 148
Association or the Florida Osteopathic Medical Association which 149
address the potential health and safety risks and benefits of, 150
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and the appropriate dosages for, prescribing marijuana for 151
medical use and encompass the requirements of this section and 152
any rules adopted hereunder. The course and examination shall be 153
administered at least a nnually and may be offered in a distance 154
learning format, including an electronic, online format that is 155
available upon request. The price of the course may not exceed 156
$500. 157
(4) PHYSICIAN CERTIFICATION. — 158
(a) A qualified physician may issue a physician 159
certification only if the qualified physician: 160
1. Conducted an a physical examination of while physically 161
present in the same room as the patient and a full assessment of 162
the medical history of the patient. For an initial 163
certification, the examination m ust be a physical examination 164
conducted while physically present in the same room as the 165
patient. For a certification renewal, the examination may be 166
conducted through telehealth under s. 456.47 only if such 167
examination is conducted by the same qualified p hysician who 168
conducted the examination for initial certification. If a 169
patient changes his or her qualified physician, the new 170
qualified physician must conduct an initial physical examination 171
of the patient while physically present in the same room before 172
conducting any examination through telehealth. 173
2. Diagnosed the patient with at least one qualifying 174
medical condition. 175
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3. Determined that the medical use of marijuana would 176
likely outweigh the potential health risks for the patient, and 177
such determination must be documented in the patient's medical 178
record. If a patient is younger than 18 years of age, a second 179
physician must concur with this determination, and such 180
concurrence must be documented in the patient's medical record. 181
4. Determined whether the patient is pregnant and 182
documented such determination in the patient's medical record. A 183
physician may not issue a physician certification, except for 184
low-THC cannabis, to a patient who is pregnant. 185
5. Reviewed the patient's controlled drug prescript ion 186
history in the prescription drug monitoring program database 187
established pursuant to s. 893.055. 188
6. Reviews the medical marijuana use registry and 189
confirmed that the patient does not have an active physician 190
certification from another qualified physi cian. 191
7. Registers as the issuer of the physician certification 192
for the named qualified patient on the medical marijuana use 193
registry in an electronic manner determined by the department, 194
and: 195
a. Enters into the registry the contents of the physician 196
certification, including the patient's qualifying condition and 197
the dosage not to exceed the daily dose amount determined by the 198
department, the amount and forms of marijuana authorized for the 199
patient, and any types of marijuana delivery devices needed by 200
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the patient for the medical use of marijuana. 201
b. Updates the registry within 7 days after any change is 202
made to the original physician certification to reflect such 203
change. 204
c. Deactivates the registration of the qualified patient 205
and the patient's care giver when the physician no longer 206
recommends the medical use of marijuana for the patient. 207
8. Obtains the voluntary and informed written consent of 208
the patient for medical use of marijuana each time the qualified 209
physician issues a physician certificati on for the patient, 210
which shall be maintained in the patient's medical record. The 211
patient, or the patient's parent or legal guardian if the 212
patient is a minor, must sign the informed consent acknowledging 213
that the qualified physician has sufficiently expl ained its 214
content. The qualified physician must use a standardized 215
informed consent form adopted in rule by the Board of Medicine 216
and the Board of Osteopathic Medicine, which must include, at a 217
minimum, information related to: 218
a. The Federal Government's classification of marijuana as 219
a Schedule I controlled substance. 220
b. The approval and oversight status of marijuana by the 221
Food and Drug Administration. 222
c. The current state of research on the efficacy of 223
marijuana to treat the qualifying conditions s et forth in this 224
section. 225
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d. The potential for addiction. 226
e. The potential effect that marijuana may have on a 227
patient's coordination, motor skills, and cognition, including a 228
warning against operating heavy machinery, operating a motor 229
vehicle, or engaging in activities that require a person to be 230
alert or respond quickly. 231
f. The potential side effects of marijuana use, including 232
the negative health risks associated with smoking marijuana. 233
g. The risks, benefits, and drug interactions of 234
marijuana. 235
h. That the patient's de -identified health information 236
contained in the physician certification and medical marijuana 237
use registry may be used for research purposes. 238
(g) A qualified physician must evaluate an existing 239
qualified patient at least once e very 34 30 weeks before issuing 240
a new physician certification. The evaluation may be conducted 241
through telehealth as defined in s. 456.47. A physician must: 242
1. Determine if the patient still meets the requirements 243
to be issued a physician certification u nder paragraph (a). 244
2. Identify and document in the qualified patient's 245
medical records whether the qualified patient experienced either 246
of the following related to the medical use of marijuana: 247
a. An adverse drug interaction with any prescription or 248
nonprescription medication; or 249
b. A reduction in the use of, or dependence on, other 250
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types of controlled substances as defined in s. 893.02. 251
3. Submit a report with the findings required pursuant to 252
subparagraph 2. to the department. The department shal l submit 253
such reports to the Consortium for Medical Marijuana Clinical 254
Outcomes Research established pursuant to s. 1004.4351. 255
(j) The Board of Medicine and the Board of Osteopathic 256
Medicine shall jointly create a physician certification pattern 257
review panel that shall review all physician certifications 258
submitted to the medical marijuana use registry and consists of 259
at least one member who is a qualified physician . The panel 260
shall track and report the number of physician certifications 261
and the qualifying medical conditions, dosage, supply amount, 262
total milligrams dispensed for each qualified patient under each 263
qualified physician's care, and form of marijuana certified. The 264
panel shall report the data both by individual qualified 265
physician, including his or her specialty and type of practice, 266
and in the aggregate, by county, and statewide. The physician 267
certification pattern review panel shall, beginning January 1, 268
2018, submit an annual report of its findings and 269
recommendations to the Governor, the Presi dent of the Senate, 270
and the Speaker of the House of Representatives. 271
(7) IDENTIFICATION CARDS. — 272
(a) The department shall issue medical marijuana use 273
registry identification cards for qualified patients and 274
caregivers who are residents of this state, wh ich must be 275
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renewed every 2 years annually. The identification cards must be 276
resistant to counterfeiting and tampering and must include, at a 277
minimum, the following: 278
1. The name, address, and date of birth of the qualified 279
patient or caregiver. 280
2. A full-face, passport-type, color photograph of the 281
qualified patient or caregiver taken within the 90 days 282
immediately preceding registration or the Florida driver license 283
or Florida identification card photograph of the qualified 284
patient or caregiver obtai ned directly from the Department of 285
Highway Safety and Motor Vehicles. 286
3. Identification as a qualified patient or a caregiver. 287
4. The unique numeric identifier used for the qualified 288
patient in the medical marijuana use registry. 289
5. For a caregiver, the name and unique numeric identifier 290
of the caregiver and the qualified patient or patients that the 291
caregiver is assisting. 292
6. The expiration date of the identification card. 293
(8) MEDICAL MARIJUANA TREATMENT CENTERS. — 294
(b) An applicant for licensur e as a medical marijuana 295
treatment center shall apply to the department on a form 296
prescribed by the department and adopted in rule. The department 297
shall adopt rules pursuant to ss. 120.536(1) and 120.54 298
establishing a procedure for the issuance and biennia l renewal 299
of licenses, including initial application and biennial renewal 300
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fees sufficient to cover the costs of implementing and 301
administering this section, and establishing supplemental 302
licensure fees for payment beginning May 1, 2018, sufficient to 303
cover the costs of administering ss. 381.989 and 1004.4351. The 304
department shall identify applicants with strong diversity plans 305
reflecting this state's commitment to diversity and implement 306
training programs and other educational programs to enable 307
minority persons and minority business enterprises, as defined 308
in s. 288.703, and veteran business enterprises, as defined in 309
s. 295.187, to compete for medical marijuana treatment center 310
licensure and contracts. Subject to the requirements in 311
subparagraphs (a)2.-4., the department shall issue a license to 312
an applicant if the applicant meets the requirements of this 313
section and pays the initial application fee. The department 314
shall renew the licensure of a medical marijuana treatment 315
center biennially if the licensee meets the requirements of this 316
section and pays the biennial renewal fee. However, the 317
department may not renew the license of a medical marijuana 318
treatment center that has not begun to cultivate, process, and 319
dispense marijuana by the date on which the me dical marijuana 320
treatment center is required to renew its license. An individual 321
may not be an applicant, owner, officer, board member, or 322
manager on more than one application for licensure as a medical 323
marijuana treatment center. An individual or entity m ay not be 324
awarded more than one license as a medical marijuana treatment 325
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center. An applicant for licensure as a medical marijuana 326
treatment center must demonstrate: 327
1. That, for the 5 consecutive years before submitting the 328
application, the applicant ha s been registered to do business in 329
the state. 330
2. Possession of a valid certificate of registration 331
issued by the Department of Agriculture and Consumer Services 332
pursuant to s. 581.131. 333
3. The technical and technological ability to cultivate 334
and produce marijuana, including, but not limited to, low -THC 335
cannabis. 336
4. The ability to secure the premises, resources, and 337
personnel necessary to operate as a medical marijuana treatment 338
center. 339
5. The ability to maintain accountability of all raw 340
materials, finished products, and any byproducts to prevent 341
diversion or unlawful access to or possession of these 342
substances. 343
6. An infrastructure reasonably located to dispense 344
marijuana to registered qualified patients statewide or 345
regionally as determined by th e department. 346
7. The financial ability to maintain operations for the 347
duration of the 2-year approval cycle, including the provision 348
of certified financial statements to the department. 349
a. Upon approval, the applicant must post a $5 million 350
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performance bond issued by an authorized surety insurance 351
company rated in one of the three highest rating categories by a 352
nationally recognized rating service. However, a medical 353
marijuana treatment center serving at least 1,000 qualified 354
patients is only required t o maintain a $2 million performance 355
bond. 356
b. In lieu of the performance bond required under sub -357
subparagraph a., the applicant may provide an irrevocable letter 358
of credit payable to the department or provide cash to the 359
department. If provided with cash under this sub-subparagraph, 360
the department shall deposit the cash in the Grants and 361
Donations Trust Fund within the Department of Health, subject to 362
the same conditions as the bond regarding requirements for the 363
applicant to forfeit ownership of the funds . If the funds 364
deposited under this sub -subparagraph generate interest, the 365
amount of that interest shall be used by the department for the 366
administration of this section. 367
8. That all owners, officers, board members, and managers 368
have passed a background screening pursuant to subsection (9). 369
9. The employment of a medical director to supervise the 370
activities of the medical marijuana treatment center. 371
10. A diversity plan that promotes and ensures the 372
involvement of minority persons and minority busine ss 373
enterprises, as defined in s. 288.703, or veteran business 374
enterprises, as defined in s. 295.187, in ownership, management, 375
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and employment. An applicant for licensure renewal must show the 376
effectiveness of the diversity plan by including the following 377
with his or her application for renewal: 378
a. Representation of minority persons and veterans in the 379
medical marijuana treatment center's workforce; 380
b. Efforts to recruit minority persons and veterans for 381
employment; and 382
c. A record of contracts for ser vices with minority 383
business enterprises and veteran business enterprises. 384
(e) A licensed medical marijuana treatment center shall 385
cultivate, process, transport, and dispense marijuana for 386
medical use. A licensed medical marijuana treatment center may 387
not contract for services directly related to the cultivation, 388
processing, and dispensing of marijuana or marijuana delivery 389
devices, except that a medical marijuana treatment center 390
licensed pursuant to subparagraph (a)1. may contract with a 391
single entity for the cultivation, processing, transporting, and 392
dispensing of marijuana and marijuana delivery devices. A 393
licensed medical marijuana treatment center must, at all times, 394
maintain compliance with the criteria demonstrated and 395
representations made in the i nitial application and the criteria 396
established in this subsection. Upon request, the department may 397
grant a medical marijuana treatment center a variance from the 398
representations made in the initial application. Consideration 399
of such a request shall be ba sed upon the individual facts and 400
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circumstances surrounding the request. A variance may not be 401
granted unless the requesting medical marijuana treatment center 402
can demonstrate to the department that it has a proposed 403
alternative to the specific representat ion made in its 404
application which fulfills the same or a similar purpose as the 405
specific representation in a way that the department can 406
reasonably determine will not be a lower standard than the 407
specific representation in the application. A variance may n ot 408
be granted from the requirements in subparagraph 2. and 409
subparagraphs (b)1. and 2. 410
1. A licensed medical marijuana treatment center may 411
transfer ownership to an individual or entity who meets the 412
requirements of this section. A publicly traded corpora tion or 413
publicly traded company that meets the requirements of this 414
section is not precluded from ownership of a medical marijuana 415
treatment center. To accommodate a change in ownership: 416
a. The licensed medical marijuana treatment center shall 417
notify the department in writing at least 60 days before the 418
anticipated date of the change of ownership. 419
b. The individual or entity applying for initial licensure 420
due to a change of ownership must submit an application that 421
must be received by the department at least 60 days before the 422
date of change of ownership. 423
c. Upon receipt of an application for a license, the 424
department shall examine the application and, within 30 days 425
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after receipt, notify the applicant in writing of any apparent 426
errors or omissions and request any additional information 427
required. 428
d. Requested information omitted from an application for 429
licensure must be filed with the department within 21 days after 430
the department's request for omitted information or the 431
application shall be deemed in complete and shall be withdrawn 432
from further consideration and the fees shall be forfeited. 433
434
Within 30 days after the receipt of a complete application, the 435
department shall approve or deny the application. 436
2. A medical marijuana treatment center, and any 437
individual or entity who directly or indirectly owns, controls, 438
or holds with power to vote 5 percent or more of the voting 439
shares of a medical marijuana treatment center, may not acquire 440
direct or indirect ownership or control of any voting shares or 441
other form of ownership of any other medical marijuana treatment 442
center. 443
3. A medical marijuana treatment center and any individual 444
or entity that directly or indirectly owns, controls, or holds 445
with power to vote 5 percent or more of the voting shares o f a 446
medical marijuana treatment center may not employ a qualified 447
physician or have any direct or indirect economic interest in a 448
qualified physician's practice or a marijuana testing 449
laboratory. 450
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4.3. A medical marijuana treatment center may not enter 451
into any form of profit -sharing arrangement with the property 452
owner or lessor of any of its facilities where cultivation, 453
processing, storing, or dispensing of marijuana and marijuana 454
delivery devices occurs. 455
5.4. All employees of a medical marijuana treat ment center 456
must be 21 years of age or older and have passed a background 457
screening pursuant to subsection (9). 458
6.5. Each medical marijuana treatment center must adopt 459
and enforce policies and procedures to ensure employees and 460
volunteers receive trainin g on the legal requirements to 461
dispense marijuana to qualified patients. 462
7.6. When growing marijuana, a medical marijuana treatment 463
center: 464
a. May use pesticides determined by the department, after 465
consultation with the Department of Agriculture and Co nsumer 466
Services, to be safely applied to plants intended for human 467
consumption, but may not use pesticides designated as 468
restricted-use pesticides pursuant to s. 487.042. 469
b. Must grow marijuana within an enclosed structure and in 470
a room separate from any other plant. 471
c. Must inspect seeds and growing plants for plant pests 472
that endanger or threaten the horticultural and agricultural 473
interests of the state in accordance with chapter 581 and any 474
rules adopted thereunder. 475
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d. Must perform fumigation or tr eatment of plants, or 476
remove and destroy infested or infected plants, in accordance 477
with chapter 581 and any rules adopted thereunder. 478
8.7. Each medical marijuana treatment center must produce 479
and make available for purchase at least one low -THC cannabis 480
product. 481
9.8. A medical marijuana treatment center that produces 482
edibles must hold a permit to operate as a food establishment 483
pursuant to chapter 500, the Florida Food Safety Act, and must 484
comply with all the requirements for food establishments 485
pursuant to chapter 500 and any rules adopted thereunder. 486
Edibles may not contain more than 200 milligrams of 487
tetrahydrocannabinol, and a single s erving portion of an edible 488
may not exceed 10 milligrams of tetrahydrocannabinol. Edibles 489
may have a potency variance of no greater than 15 percent. 490
Edibles may not be attractive to children; be manufactured in 491
the shape of humans, cartoons, or animals; be manufactured in a 492
form that bears any reasonable resemblance to products available 493
for consumption as commercially available candy; or contain any 494
color additives. To discourage consumption of edibles by 495
children, the department shall determine by rule an y shapes, 496
forms, and ingredients allowed and prohibited for edibles. 497
Medical marijuana treatment centers may not begin processing or 498
dispensing edibles until after the effective date of the rule. 499
The department shall also adopt sanitation rules providing t he 500
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standards and requirements for the storage, display, or 501
dispensing of edibles. 502
10.9. Within 12 months after licensure, a medical 503
marijuana treatment center must demonstrate to the department 504
that all of its processing facilities have passed a Food Saf ety 505
Good Manufacturing Practices, such as Global Food Safety 506
Initiative or equivalent, inspection by a nationally accredited 507
certifying body. A medical marijuana treatment center must 508
immediately stop processing at any facility which fails to pass 509
this inspection until it demonstrates to the department that 510
such facility has met this requirement. 511
11.10. A medical marijuana treatment center that produces 512
prerolled marijuana cigarettes may not use wrapping paper made 513
with tobacco or hemp. 514
12.11. When processing marijuana, a medical marijuana 515
treatment center must: 516
a. Process the marijuana within an enclosed structure and 517
in a room separate from other plants or products. 518
b. Comply with department rules when processing marijuana 519
with hydrocarbon solvents or other solvents or gases exhibiting 520
potential toxicity to humans. The department shall determine by 521
rule the requirements for medical marijuana treatment centers to 522
use such solvents or gases exhibiting potential toxicity to 523
humans. 524
c. Comply with fede ral and state laws and regulations and 525
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department rules for solid and liquid wastes. The department 526
shall determine by rule procedures for the storage, handling, 527
transportation, management, and disposal of solid and liquid 528
waste generated during marijuana production and processing. The 529
Department of Environmental Protection shall assist the 530
department in developing such rules. 531
13.d. A medical marijuana treatment center must test the 532
processed marijuana using a medical marijuana testing laboratory 533
before it is dispensed. Results must be verified and signed by 534
two medical marijuana treatment center employees. Before 535
dispensing, the medical marijuana treatment center must 536
determine that the test results indicate that low -THC cannabis 537
meets the definition of l ow-THC cannabis, the concentration of 538
tetrahydrocannabinol meets the potency requirements of this 539
section, the labeling of the concentration of 540
tetrahydrocannabinol and cannabidiol is accurate, and all 541
marijuana is safe for human consumption and free from 542
contaminants that are unsafe for human consumption. The 543
department shall determine by rule which contaminants must be 544
tested for and the maximum levels of each contaminant which are 545
safe for human consumption. The Department of Agriculture and 546
Consumer Services shall assist the department in developing the 547
testing requirements for contaminants that are unsafe for human 548
consumption in edibles. The department shall also determine by 549
rule the procedures for the treatment of marijuana that fails to 550
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meet the testing requirements of this section, s. 381.988, or 551
department rule. The department may sample marijuana from select 552
a random sample from edibles available for purchase in a 553
dispensing facility which shall be tested by the department to 554
determine that the marijuana edible meets the potency 555
requirements of this section, is safe for human consumption, and 556
the labeling of the tetrahydrocannabinol and cannabidiol 557
concentration is accurate or to verify medical marijuana testing 558
laboratory results. The department m ay also sample marijuana 559
delivery devices from a dispensing facility to determine that 560
the marijuana delivery devices are safe for use by qualified 561
patients. A medical marijuana treatment center may not require 562
payment from the department for the sample. A medical marijuana 563
treatment center must recall all marijuana which fails edibles, 564
including all edibles made from the same batch of marijuana, 565
which fail to meet the potency requirements of this section, 566
which is are unsafe for human consumption, or for w hich the 567
labeling of the tetrahydrocannabinol and cannabidiol 568
concentration is inaccurate. The medical marijuana treatment 569
center must retain records of all testing and samples of each 570
homogenous batch of marijuana for at least 9 months. The medical 571
marijuana treatment center must contract with a marijuana 572
testing laboratory to perform audits on the medical marijuana 573
treatment center's standard operating procedures, testing 574
records, and samples and provide the results to the department 575
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to confirm that the m arijuana or low-THC cannabis meets the 576
requirements of this section and that the marijuana or low -THC 577
cannabis is safe for human consumption. A medical marijuana 578
treatment center shall reserve two processed samples from each 579
batch and retain such samples f or at least 9 months for the 580
purpose of such audits. A medical marijuana treatment center may 581
use a laboratory that has not been certified by the department 582
under s. 381.988 until such time as at least one laboratory 583
holds the required certification, but i n no event later than 584
July 1, 2018. 585
14. When packaging marijuana, a medical marijuana 586
treatment center must: 587
a.e. Package the marijuana in compliance with the United 588
States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss. 589
1471 et seq. 590
b.f. Package the marijuana in a receptacle that has a 591
firmly affixed and legible label stating the following 592
information: 593
(I) The marijuana or low -THC cannabis meets the 594
requirements of subparagraph 13 sub-subparagraph d. 595
(II) The name of the medical marijuana treatment center 596
from which the marijuana originates. 597
(III) The batch number and harvest number from which the 598
marijuana originates and the date dispensed. 599
(IV) The name of the physician who issued the physician 600
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certification. 601
(V) The name of the pat ient. 602
(VI) The product name, if applicable, and dosage form, 603
including concentration of tetrahydrocannabinol and cannabidiol. 604
The product name may not contain wording commonly associated 605
with products marketed by or to children. 606
(VII) The recommended dose. 607
(VIII) A warning that it is illegal to transfer medical 608
marijuana to another person. 609
(IX) A marijuana universal symbol developed by the 610
department. 611
15.12. The medical marijuana treatment center shall 612
include in each package a patient package in sert with 613
information on the specific product dispensed related to: 614
a. Clinical pharmacology. 615
b. Indications and use. 616
c. Dosage and administration. 617
d. Dosage forms and strengths. 618
e. Contraindications. 619
f. Warnings and precautions. 620
g. Adverse reactions. 621
16.13. In addition to the packaging and labeling 622
requirements specified in subparagraphs 14. and 15., 11. and 623
12., marijuana in a form for smoking must be packaged in a 624
sealed receptacle with a legible and prominent warning to keep 625
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away from children and a warning that states marijuana smoke 626
contains carcinogens and may negatively affect health. Such 627
receptacles for marijuana in a form for smoking must be plain, 628
opaque, and white without depictions of the product or images 629
other than the medical marijuana treatment center's department -630
approved logo and the marijuana universal symbol. 631
17.14. The department shall adopt rules to regulate the 632
types, appearance, and labeling of marijuana delivery devices 633
dispensed from a medical marijuana treatment center. The rules 634
must require marijuana delivery devices to have an appearance 635
consistent with medical use. 636
18.15. Each edible shall be individually sealed in plain, 637
opaque wrapping marked only with the marijuana universal symbol. 638
Where practical, each edible shall be marked with the marijuana 639
universal symbol. In addition to the packaging and labeling 640
requirements in subparagraphs 14. and 15. 11. and 12., edible 641
receptacles must be plain, opaque, and white without depictions 642
of the product or images oth er than the medical marijuana 643
treatment center's department -approved logo and the marijuana 644
universal symbol. The receptacle must also include a list of all 645
the edible's ingredients, storage instructions, an expiration 646
date, a legible and prominent warning to keep away from children 647
and pets, and a warning that the edible has not been produced or 648
inspected pursuant to federal food safety laws. 649
19.16. When dispensing marijuana or a marijuana delivery 650
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device, a medical marijuana treatment center: 651
a. May dispense any active, valid order for low -THC 652
cannabis, medical cannabis and cannabis delivery devices issued 653
pursuant to former s. 381.986, Florida Statutes 2016, which was 654
entered into the medical marijuana use registry before July 1, 655
2017. 656
b. May not dispense more than one a 70-day supply of 657
marijuana within any 70 -day period to a qualified patient or 658
caregiver. May not dispense more than one 35 -day supply of 659
marijuana in a form for smoking within any 35 -day period to a 660
qualified patient or caregiver. A 35-day supply of marijuana in 661
a form for smoking may not exceed 2.5 ounces unless an exception 662
to this amount is approved by the department pursuant to 663
paragraph (4)(f). 664
c. Must have the medical marijuana treatment center's 665
employee who dispenses the ma rijuana or a marijuana delivery 666
device enter into the medical marijuana use registry his or her 667
name or unique employee identifier. 668
d. Must verify that the qualified patient and the 669
caregiver, if applicable, each have an active registration in 670
the medical marijuana use registry and an active and valid 671
medical marijuana use registry identification card, the amount 672
and type of marijuana dispensed matches the physician 673
certification in the medical marijuana use registry for that 674
qualified patient, and the ph ysician certification has not 675
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already been filled. 676
e. May not dispense marijuana to a qualified patient who 677
is younger than 18 years of age. If the qualified patient is 678
younger than 18 years of age, marijuana may only be dispensed 679
only to the qualified patient's caregiver. 680
f. May not dispense or sell any other type of cannabis, 681
alcohol, or illicit drug -related product, including pipes or 682
wrapping papers made with tobacco or hemp, other than a 683
marijuana delivery device required for the medical use of 684
marijuana and which is specified in a physician certification. 685
g. Must, upon dispensing the marijuana or marijuana 686
delivery device, record in the registry the date, time, 687
quantity, and form of marijuana dispensed; the type of marijuana 688
delivery device dispe nsed; and the name and medical marijuana 689
use registry identification number of the qualified patient or 690
caregiver to whom the marijuana delivery device was dispensed. 691
h. Must ensure that patient records are not visible to 692
anyone other than the qualified patient, his or her caregiver, 693
and authorized medical marijuana treatment center employees. 694
(h) A medical marijuana treatment center may not engage in 695
radio or television advertising or advertising that is visible 696
to members of the public from any street , sidewalk, park, or 697
other public place, except: 698
1. The dispensing location of a medical marijuana 699
treatment center may have a sign that is affixed to the outside 700
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or hanging in the window of the premises which identifies the 701
dispensary by the licensee's business name, a department -702
approved trade name, or a department -approved logo. A medical 703
marijuana treatment center's trade name and logo may not contain 704
wording or images commonly associated with marketing targeted 705
toward children or which promote recrea tional use of marijuana. 706
2. A medical marijuana treatment center may engage in 707
Internet advertising and marketing under the following 708
conditions: 709
a. All advertisements must be approved by the department. 710
b. An advertisement may not have any content t hat 711
specifically targets individuals under the age of 18, including 712
cartoon characters or similar images. 713
c. An advertisement may not be an unsolicited pop -up 714
advertisement. 715
d. Opt-in marketing must include an easy and permanent 716
opt-out feature. 717
(14) MEDICAL MARIJUANA TESTING ADVISORY COUNCIL. — 718
(a) The Medical Marijuana Testing Advisory Council, an 719
advisory council as defined in s. 20.03(7), is created adjunct 720
to the department for the purpose of providing advice and 721
expertise regarding the adoption and evaluation of policies and 722
standards applicable to marijuana testing. Except as otherwise 723
provided in this section, the advisory council shall operate in 724
a manner consistent with s. 20.052. 725
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(b) The department shall provide staff and administrative 726
support for the advisory council to carry out its duties and 727
responsibilities under this section. 728
(c) The advisory council is composed of the following 729
members: 730
1. Two members appointed by the Governor. 731
2. Two members appointed by the Commissioner of 732
Agriculture. 733
3. Two members appointed by the President of the Senate. 734
4. Two members appointed by the Speaker of the House of 735
Representatives. 736
5. The dean for research of the Institute of Food and 737
Agricultural Sciences of the University of Florida, o r his or 738
her designee. 739
6. The President of Florida Agricultural and Mechanical 740
University, or his or her designee. 741
7. The president or executive director of a statewide 742
cannabis testing association, appointed by the Governor. 743
8. The president or exec utive director of a medical 744
marijuana trade association that does not primarily consist of 745
dispensaries or cannabis laboratory testing facility owners, 746
appointed by the Governor. 747
9. A board member of a medical marijuana dispensary based 748
in the state, appointed by the Governor. 749
10. An owner of a cannabis testing laboratory based in the 750
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state, appointed by the Governor. 751
11. A laboratory scientist who holds a doctorate and who 752
has at least 3 years of experience in cannabis laboratory 753
testing, appointed b y the Governor. 754
12. A registered qualifying patient who resides in the 755
state, appointed by the Governor. 756
(d) The advisory council shall annually elect a chair by a 757
majority vote of the members. 758
(e) A majority of the members of the advisory council 759
constitutes a quorum. 760
(f) The advisory council shall meet at least three times 761
annually at the call of the chair. 762
(g) Advisory council members shall serve without 763
compensation and are not entitled to reimbursement for per diem 764
or travel expenses. 765
(h) Beginning July 1, 2023, and each July 1 thereafter, 766
the advisory council shall submit to the Governor, the President 767
of the Senate, and the Speaker of the House of Representatives a 768
report that describes the activities of the advisory council 769
during the previous year and includes its findings and 770
recommendations, which must include, but need not be limited to, 771
the prevention of marijuana -related traffic infractions and 772
accidents as a result of driving under the influence, the 773
application of drug-free workplace policies to qualified 774
patients, and the policies and standards applicable to marijuana 775
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testing in the state to ensure marijuana products are safe. The 776
report must also be posted on the department's website. 777
(15)(14) EXCEPTIONS TO OTHER LAWS. — 778
(i) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 779
any other provision of law, but subject to the requirements of 780
this section, the department, including an employee of the 781
department acting within the scope of his or her employment, may 782
acquire, possess, test, transport, and lawfully dispose of 783
marijuana and marijuana delivery devices as provided in this 784
section, s. 381.988, and department rule. 785
Section 2. Subsection (11) of section 381.988, Florida 786
Statutes, is renumbered as subsection (13), and new subsections 787
(11) and (12) are added to that section, to read: 788
381.988 Medical marijuana testing laboratories; marijuana 789
tests conducted by a certified laboratory. — 790
(11) A certified medical marijuana testing laboratory and 791
its officers, directors, and e mployees may not have a direct or 792
indirect economic interest in, or financial relationship with, a 793
medical marijuana treatment center. This subsection does not 794
prohibit a certified medical marijuana testing laboratory from 795
contracting with a medical mariju ana treatment center to provide 796
testing services. 797
(12) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or 798
any other provision of law, but subject to the requirements of 799
this section, the department, including an employee of the 800
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department acting within the scope of his or her employment, may 801
acquire, possess, test, transport, and lawfully dispose of 802
marijuana as provided in this section, s. 381.986, and 803
department rule. 804
Section 3. Paragraph (c) of subsection (2) of section 805
456.47, Florida Stat utes, is amended to read: 806
456.47 Use of telehealth to provide services. — 807
(2) PRACTICE STANDARDS. — 808
(c) A telehealth provider may not use telehealth to 809
prescribe a controlled substance unless the controlled substance 810
is prescribed for the following: 811
1. The treatment of a psychiatric disorder; 812
2. Inpatient treatment at a hospital licensed under 813
chapter 395; 814
3. The treatment of a patient receiving hospice services 815
as defined in s. 400.601; or 816
4. The treatment of a resident of a nursing home facili ty 817
as defined in s. 400.021 ; or 818
5. The treatment and evaluation of an existing qualified 819
patient for the medical use of marijuana in accordance with s. 820
381.986. 821
Section 4. Subsections (3), (7), (10), and paragraph (a) 822
of subsection (12) of section 58 1.217, Florida Statutes, are 823
amended, and subsection (13) is republished, to read: 824
581.217 State hemp program. — 825
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(3) DEFINITIONS.—As used in this section, the term: 826
(a) "Acceptable hemp THC level" has the same meaning as 827
provided in 7 C.F.R. s. 990.1, as that definition exists on the 828
effective date of this act. 829
(b) "Brand" means the product name appearing on the label 830
of a hemp extract product. 831
(c)(a) "Certifying agency" has the same meaning as in s. 832
578.011(8). 833
(d)(b) "Contaminants unsafe for hu man consumption" 834
includes, but is not limited to, any microbe, fungus, yeast, 835
mildew, herbicide, pesticide, fungicide, residual solvent, 836
metal, or other contaminant found in any amount that exceeds any 837
of the accepted limitations as determined by rules ado pted by 838
the Department of Health in accordance with s. 381.986, or other 839
limitation pursuant to the laws of this state, whichever amount 840
is less. 841
(e)(c) "Cultivate" means planting, watering, growing, or 842
harvesting hemp. 843
(f) "Distribute" means to sell o r hold with the intent to 844
sell, offer for sale, barter, or otherwise supply to a consumer. 845
(g)(d) "Hemp" has the same meaning as provided in 7 C.F.R. 846
s. 990.1, as that definition exists on the effective date of 847
this act means the plant Cannabis sativa L. and any part of that 848
plant, including the seeds thereof, and all derivatives, 849
extracts, cannabinoids, isomers, acids, salts, and salts of 850
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isomers thereof, whether growing or not, that has a total delta -851
9-tetrahydrocannabinol concentration that does not ex ceed 0.3 852
percent on a dry-weight basis. 853
(h)(e) "Hemp extract" means a substance or compound 854
intended for ingestion, containing more than trace amounts of 855
cannabinoid, or for inhalation which is derived from or contains 856
hemp and which does not contain oth er controlled substances. The 857
term does not include synthetic CBD or seeds or seed -derived 858
ingredients that are generally recognized as safe by the United 859
States Food and Drug Administration. 860
(i) "Hemp extract product" means a product manufactured or 861
distributed in the state which contains hemp extract and is 862
labeled with a brand name and descriptors including, but not 863
limited to, flavor, size or volume, or specific cannabinoid 864
content. 865
(j)(f) "Independent testing laboratory" means a laboratory 866
that: 867
1. Does not have a direct or indirect interest in the 868
entity whose product is being tested; 869
2. Does not have a direct or indirect interest in a 870
facility that cultivates, processes, distributes, dispenses, or 871
sells hemp, hemp extract, or hemp extract products in the state 872
or in another jurisdiction or cultivates, processes, 873
distributes, dispenses, or sells marijuana, as defined in s. 874
381.986; and 875
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3. Is accredited by a third -party accrediting body as a 876
competent testing laboratory pursuant to ISO/IEC 1702 5 of the 877
International Organization for Standardization. 878
(k) "Label" means any display of written, printed, or 879
graphic matter on, or attached to, a package or to the outside 880
individual container or wrapper of a package containing hemp 881
extract or a hemp extract product. 882
(l) "Labeling" means the labels and any other written, 883
printed, or graphic matter accompanying a package. 884
(m) "Package" means a sealed, tamperproof retail package 885
or other container designed for the sale of hemp extract or a 886
hemp extract product directly to a consumer. This term does not 887
include shipping containers containing properly labeled inner 888
containers. 889
(7) DISTRIBUTION AND RETAIL SALE OF HEMP EXTRACT AND HEMP 890
EXTRACT PRODUCTS.— 891
(a) Hemp extract and hemp extract products may only be 892
distributed and sold in the state if the extract or product: 893
1. Has a certificate of analysis prepared by an 894
independent testing laboratory that states: 895
a. The hemp extract is from the product of a batch tested 896
by the independent testing l aboratory; 897
b. The batch contained an acceptable hemp THC level a 898
total delta-9-tetrahydrocannabinol concentration that did not 899
exceed 0.3 percent pursuant to the testing of a random sample of 900
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the batch; and 901
c. The batch does not contain contaminants un safe for 902
human consumption. 903
2. Is distributed or sold in a container that includes: 904
a. A scannable barcode or quick response code linked to 905
the certificate of analysis of the hemp extract or hemp extract 906
product batch by an independent testing laborato ry; 907
b. The batch number; 908
c. The Internet address of a website where batch 909
information may be obtained; 910
d. The expiration date; and 911
e. The number of milligrams of each marketed cannabinoid 912
per serving. 913
3. Has a registration certificate pursuant to paragraph 914
(b). 915
(b) Each hemp extract and hemp extract product 916
manufactured or distributed in the state must be registered with 917
the department before distribution. The person or entity whose 918
name appears on the label of the hemp extract or hemp extract 919
product must apply to the department for a registration 920
certificate on a form prescribed by the department. By applying 921
to register the hemp extract or hemp extract product, the 922
applicant assumes full responsibility for the registration, 923
quality, and quantity of the extract or product manufactured or 924
distributed in the state. A hemp extract or hemp extract product 925
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registration certificate is valid for 1 year after the date of 926
issuance and must be renewed annually on or before its 927
expiration date. 928
1. A completed registration certificate application must 929
be accompanied by all of the following: 930
a. A sample of the hemp extract or hemp extract product 931
and a copy of the proposed labeling as it will be manufactured 932
or distributed. 933
b. A certificate of analysis pursuant to paragraph (a) 934
which is dated no more than 30 days before the date upon which 935
the registration application is submitted. 936
2. The department may analyze a sample of the hemp extract 937
or hemp extract product and inspect the label to ensure that th e 938
extract or product: 939
a. Meets all proposed labeling claims. 940
b. Meets all requirements under this subsection and 941
department rules. 942
c. Contains an acceptable hemp THC level. 943
d. Is not adulterated or misbranded pursuant to chapter 944
500, chapter 502, or chapter 580. 945
3. The department shall deny a registration certificate 946
application that does not meet the requirements of this 947
paragraph or department rules. 948
(c)(b) Hemp extract and hemp extract products manufactured 949
or distributed or sold in violation of this subsection section 950
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shall be considered adulterated or misbranded pursuant to 951
chapter 500, chapter 502, or chapter 580. 952
(d)(c) Hemp extract and hemp extract products that are 953
intended for inhalation or ingestion and contain hemp extract 954
may not be sold in this state to a person who is under 21 years 955
of age. 956
(e) The department may determine that an unregistered hemp 957
extract or hemp extract product presents an imminent threat to 958
the public health, safety, and welfare. If the department makes 959
such a determination, it shall issue an immediate final order 960
directing the manufacturer or distributor of the hemp extract or 961
hemp extract product to cease manufacturing or distribution 962
until the extract or product is registered in accordance with 963
this paragraph and department rules. 964
(10) VIOLATIONS.— 965
(a) A licensee must complete a corrective action plan if 966
the department determines that the licensee has negligently 967
violated this section or department rules, including 968
negligently: 969
1. Failing to provide th e legal land description and 970
global positioning coordinates pursuant to subsection (5); 971
2. Failing to obtain a proper license or other required 972
authorization from the department; or 973
3. Producing Cannabis sativa L. that does not contain an 974
acceptable hemp THC level has a total delta-9-975
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tetrahydrocannabinol concentration that exceeds 0.3 percent on a 976
dry-weight basis. 977
(b) The corrective action plan must include: 978
1. A reasonable date by which the licensee must correct 979
the negligent violation; and 980
2. A requirement that the licensee periodically report to 981
the department on compliance with this section and department 982
rules for a period of at least 2 calendar years after the date 983
of the violation. 984
(c) A licensee who negligently violates the corrective 985
action plan under this subsection three times within 5 years is 986
ineligible to cultivate hemp for 5 years following the date of 987
the third violation. 988
(d) If the department determines that a licensee has 989
violated this section or department rules with a culp able mental 990
state greater than negligence, the department shall immediately 991
report the licensee to the Attorney General and the United 992
States Attorney General. 993
(e) The department may issue and enforce a stop -sale 994
order, as provided in s. 500.172, and may revoke or suspend the 995
registration for any hemp extract or hemp extract product that 996
the department finds, or has probable cause to believe, is in 997
violation of subsection (7) or department rules. 998
(f) Notwithstanding any other provision of law, the 999
department may, after notice and hearing, impose an 1000
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administrative fine pursuant to s. 570.971 in the Class III 1001
category for each violation of subsection (7). 1002
(12) RULES.—By August 1, 2019, the department, in 1003
consultation with the Department of Health and the Department of 1004
Business and Professional Regulation, shall initiate rulemaking 1005
to administer the state hemp program. The rules must provide 1006
for: 1007
(a) A procedure that uses post -decarboxylation or other 1008
similarly reliable methods for testing the acceptable hemp THC 1009
level delta-9-tetrahydrocannabinol concentration of cultivated 1010
hemp. 1011
(13) APPLICABILITY. —Notwithstanding any other law: 1012
(a) This section does not authorize a licensee to violate 1013
any federal or state law or regulation. 1014
(b) This section does not apply to a pilot project 1015
developed in accordance with 7 U.S.C. 5940 and s. 1004.4473. 1016
(c) A licensee who negligently violates this section or 1017
department rules is not subject to any criminal or civil 1018
enforcement action by the state or a local governme nt other than 1019
the enforcement of violations of this section as authorized 1020
under subsection (10). 1021
Section 5. For the purpose of incorporating the amendment 1022
made by this act to section 581.217, Florida Statutes, in a 1023
reference thereto, subsection (3) of section 893.02, Florida 1024
Statutes, is reenacted to read: 1025
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893.02 Definitions. —The following words and phrases as 1026
used in this chapter shall have the following meanings, unless 1027
the context otherwise requires: 1028
(3) "Cannabis" means all parts of any plant of the genus 1029
Cannabis, whether growing or not; the seeds thereof; the resin 1030
extracted from any part of the plant; and every compound, 1031
manufacture, salt, derivative, mixture, or preparation of the 1032
plant or its seeds or resin. The term does not include 1033
"marijuana," as defined in s. 381.986, if manufactured, 1034
possessed, sold, purchased, delivered, distributed, or 1035
dispensed, in conformance with s. 381.986. The term does not 1036
include hemp as defined in s. 581.217 or industrial hemp as 1037
defined in s. 1004.4473. 1038
Section 6. For the purpose of incorporating the amendment 1039
made by this act to section 581.217, Florida Statutes, in a 1040
reference thereto, paragraph (a) of subsection (1) of section 1041
916.1085, Florida Statutes, is reenacted to read: 1042
916.1085 Introduction or r emoval of certain articles 1043
unlawful; penalty.— 1044
(1)(a) Except as authorized by law or as specifically 1045
authorized by the person in charge of a facility, it is unlawful 1046
to introduce into or upon the grounds of any facility under the 1047
supervision or control o f the department or agency, or to take 1048
or attempt to take or send therefrom, any of the following 1049
articles, which are declared to be contraband for the purposes 1050
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of this section: 1051
1. Any intoxicating beverage or beverage which causes or 1052
may cause an intoxicating effect; 1053
2. Any controlled substance as defined in chapter 893, 1054
marijuana as defined in s. 381.986, hemp as defined in s. 1055
581.217, or industrial hemp as defined in s. 1004.4473; 1056
3. Any firearm or deadly weapon; 1057
4. Any cellular telephone or othe r portable communication 1058
device as described in s. 944.47(1)(a)6., intentionally and 1059
unlawfully introduced inside the secure perimeter of any 1060
forensic facility under the operation and control of the 1061
department or agency. As used in this subparagraph, the t erm 1062
"portable communication device" does not include any device that 1063
has communication capabilities which has been approved or issued 1064
by the person in charge of the forensic facility; 1065
5. Any vapor-generating electronic device as defined in s. 1066
386.203, intentionally and unlawfully introduced inside the 1067
secure perimeter of any forensic facility under the operation 1068
and control of the department or agency; or 1069
6. Any other item as determined by the department or the 1070
agency, and as designated by rule or by wr itten institutional 1071
policies, to be hazardous to the welfare of clients or the 1072
operation of the facility. 1073
Section 7. For the purpose of incorporating the amendment 1074
made by this act to section 581.217, Florida Statutes, in a 1075
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reference thereto, paragraph (a) of subsection (1) of section 1076
944.47, Florida Statutes, is reenacted to read: 1077
944.47 Introduction, removal, or possession of contraband; 1078
penalty.— 1079
(1)(a) Except through regular channels as authorized by 1080
the officer in charge of the correctional institution, it is 1081
unlawful to introduce into or upon the grounds of any state 1082
correctional institution, or to take or attempt to take or send 1083
or attempt to send therefrom, any of the following articles 1084
which are hereby declared to be contraband for the pu rposes of 1085
this section, to wit: 1086
1. Any written or recorded communication or any currency 1087
or coin given or transmitted, or intended to be given or 1088
transmitted, to any inmate of any state correctional 1089
institution. 1090
2. Any article of food or clothing given or transmitted, 1091
or intended to be given or transmitted, to any inmate of any 1092
state correctional institution. 1093
3. Any intoxicating beverage or beverage which causes or 1094
may cause an intoxicating effect. 1095
4. Any controlled substance as defined in s. 893.02 (4), 1096
marijuana as defined in s. 381.986, hemp as defined in s. 1097
581.217, industrial hemp as defined in s. 1004.4473, or any 1098
prescription or nonprescription drug having a hypnotic, 1099
stimulating, or depressing effect. 1100
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5. Any firearm or weapon of any kind or any explosive 1101
substance. 1102
6. Any cellular telephone or other portable communication 1103
device intentionally and unlawfully introduced inside the secure 1104
perimeter of any state correctional institution without prior 1105
authorization or consent from the officer in charge of such 1106
correctional institution. As used in this subparagraph, the term 1107
"portable communication device" means any device carried, worn, 1108
or stored which is designed or intended to receive or transmit 1109
verbal or written messages, access or store data , or connect 1110
electronically to the Internet or any other electronic device 1111
and which allows communications in any form. Such devices 1112
include, but are not limited to, portable two -way pagers, hand-1113
held radios, cellular telephones, Blackberry -type devices, 1114
personal digital assistants or PDA's, laptop computers, or any 1115
components of these devices which are intended to be used to 1116
assemble such devices. The term also includes any new technology 1117
that is developed for similar purposes. Excluded from this 1118
definition is any device having communication capabilities which 1119
has been approved or issued by the department for investigative 1120
or institutional security purposes or for conducting other state 1121
business. 1122
7. Any vapor-generating electronic device as defined in s. 1123
386.203, intentionally and unlawfully introduced inside the 1124
secure perimeter of any state correctional institution. 1125
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Section 8. For the purpose of incorporating the amendment 1126
made by this act to section 581.217, Florida Statutes, in a 1127
reference thereto, paragraph (h) of subsection (1) of section 1128
951.22, Florida Statutes, is reenacted to read: 1129
951.22 County detention facilities; contraband articles. — 1130
(1) It is unlawful, except through regular channels as 1131
duly authorized by the sheriff or officer in ch arge, to 1132
introduce into or possess upon the grounds of any county 1133
detention facility as defined in s. 951.23 or to give to or 1134
receive from any inmate of any such facility wherever said 1135
inmate is located at the time or to take or to attempt to take 1136
or send therefrom any of the following articles, which are 1137
contraband: 1138
(h) Any narcotic, hypnotic, or excitative drug or drug of 1139
any kind or nature, including nasal inhalators, sleeping pills, 1140
barbiturates, marijuana as defined in s. 381.986, hemp as 1141
defined in s. 581.217, industrial hemp as defined in s. 1142
1004.4473, or controlled substances as defined in s. 893.02(4). 1143
Section 9. For the purpose of incorporating the amendment 1144
made by this act to section 581.217, Florida Statutes, in a 1145
reference thereto, paragr aph (a) of subsection (1) of section 1146
985.711, Florida Statutes, is reenacted to read: 1147
985.711 Introduction, removal, or possession of certain 1148
articles unlawful; penalty. — 1149
(1)(a) Except as authorized through program policy or 1150
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operating procedure or as a uthorized by the facility 1151
superintendent, program director, or manager, a person may not 1152
introduce into or upon the grounds of a juvenile detention 1153
facility or commitment program, or take or send, or attempt to 1154
take or send, from a juvenile detention facil ity or commitment 1155
program, any of the following articles, which are declared to be 1156
contraband under this section: 1157
1. Any unauthorized article of food or clothing. 1158
2. Any intoxicating beverage or any beverage that causes 1159
or may cause an intoxicating eff ect. 1160
3. Any controlled substance as defined in s. 893.02(4), 1161
marijuana as defined in s. 381.986, hemp as defined in s. 1162
581.217, industrial hemp as defined in s. 1004.4473, or any 1163
prescription or nonprescription drug that has a hypnotic, 1164
stimulating, or depressing effect. 1165
4. Any firearm or weapon of any kind or any explosive 1166
substance. 1167
5. Any cellular telephone or other portable communication 1168
device as described in s. 944.47(1)(a)6., intentionally and 1169
unlawfully introduced inside the secure perimeter o f any 1170
juvenile detention facility or commitment program. As used in 1171
this subparagraph, the term "portable communication device" does 1172
not include any device that has communication capabilities which 1173
has been approved or issued by the facility superintendent , 1174
program director, or manager. 1175
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6. Any vapor-generating electronic device as defined in s. 1176
386.203, intentionally and unlawfully introduced inside the 1177
secure perimeter of any juvenile detention facility or 1178
commitment program. 1179
Section 10. This act sha ll take effect upon becoming a 1180
law. 1181